Sub. H. B. No. 1 As Reported by the House Finance and Appropriations Committee

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,

109.73, 109.742, 109.744, 109.751, 109.761,

109.77, 109.802, 109.803, 118.05, 120.04,

120.08, 120.52, 120.53, 121.04, 121.07, 121.08,

121.083, 121.084, 121.13, 121.31, 121.37, 121.40,

121.401, 121.402, 122.05, 122.051, 122.075,

122.151, 122.17, 122.171, 122.40, 122.603,

122.71, 122.751, 122.76, 122.89, 123.01, 123.152,

124.03, 124.04, 124.07, 124.11, 124.134, 124.14,

124.15, 124.152, 124.18, 124.181, 124.183,

124.22, 124.23, 124.27, 124.321, 124.324,

124.325, 124.34, 124.381, 124.382, 124.385,

124.386, 124.392, 124.81, 125.081, 125.22,

125.831, 126.05, 126.21, 126.35, 127.16, 131.33,

133.06, 135.03, 135.06, 135.08, 135.32, 141.04,

145.012, 145.298, 148.02, 148.04, 149.43, 150.01,

150.02, 150.03, 150.04, 150.05, 150.07, 152.09,

152.10, 152.12, 152.15, 152.33, 156.01, 156.02,

156.03, 156.04, 166.07, 169.08, 173.08, 173.35,

173.392, 173.40, 173.401, 173.42, 173.43, 173.50,

173.99, 174.02, 174.03, 174.06, 176.05,

307.626, 307.629, 307.79, 311.17, 319.301,

319.302, 319.54, 321.24, 323.156, 323.78, 329.03,

329.042, 329.06, 340.033, 343.01, 504.21, 718.04,

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

903.25, 905.32, 905.33, 905.331, 905.36, 905.50,

905.51, 905.52, 905.56, 907.13, 907.14, 907.30,

907.31, 915.24, 918.08, 918.28, 921.02, 921.06,

921.09, 921.11, 921.13, 921.16, 921.22, 921.27,

921.29, 923.44, 923.46, 927.51, 927.52, 927.53,

927.56, 927.69, 927.70, 927.701, 927.71, 942.01,

942.02, 942.06, 942.13, 943.01, 943.02, 943.04,

943.05, 943.06, 943.07, 943.13, 943.14, 943.16,

953.21, 953.22, 953.23, 955.201, 1321.20,

1321.51, 1321.52, 1321.53, 1321.54, 1321.55,

1321.551, 1321.57, 1321.59, 1321.60, 1321.99,

1322.01, 1322.02, 1322.03, 1322.031, 1322.04,

1322.041, 1322.05, 1322.051, 1322.052, 1322.06,

1322.061, 1322.062, 1322.063, 1322.064, 1322.07,

1322.071, 1322.072, 1322.074, 1322.075, 1322.08,

1322.081, 1322.09, 1322.10, 1322.11, 1327.46,

1327.50, 1327.51, 1327.511, 1327.52, 1327.54,

1327.57, 1327.58, 1327.60, 1327.62, 1327.70,

1327.99, 1332.24, 1332.25, 1343.011, 1345.01,

1345.05, 1345.09, 1347.08, 1349.31, 1349.43,

1501.01, 1501.05, 1501.07, 1501.30, 1502.12,

1506.01, 1507.01, 1511.01, 1511.02, 1511.021,

1511.022, 1511.03, 1511.04, 1511.05, 1511.06,

1511.07, 1511.071, 1511.08, 1514.08, 1514.13,

1515.08, 1515.14, 1515.183, 1517.02, 1517.10,

1517.11, 1517.14, 1517.16, 1517.17, 1517.18,

1519.03, 1520.02, 1520.03, 1521.03, 1521.031,

1521.04, 1521.05, 1521.06, 1521.061, 1521.062,

1521.063, 1521.064, 1521.07, 1521.10, 1521.11,

1521.12, 1521.13, 1521.14, 1521.15, 1521.16,

1521.18, 1521.19, 1523.01, 1523.02, 1523.03,

1523.04, 1523.05, 1523.06, 1523.07, 1523.08,

1523.09, 1523.10, 1523.11, 1523.12, 1523.13,

1523.14, 1523.15, 1523.16, 1523.17, 1523.18,

1523.19, 1523.20, 1531.01, 1533.10, 1533.11,

1541.03, 1547.01, 1547.51, 1547.52, 1547.531,

1547.54, 1547.542, 1547.73, 1547.99, 1548.10,

1707.17, 1707.18, 1707.37, 1710.01, 1710.02,

1710.03, 1710.04, 1710.06, 1710.10, 1710.13,

1724.04, 1739.05, 1751.03, 1751.04, 1751.05,

1751.14, 1751.15, 1751.16, 1751.19, 1751.32,

1751.321, 1751.34, 1751.35, 1751.36, 1751.45,

1751.46, 1751.48, 1751.831, 1751.84, 1751.85,

1753.09, 1901.26, 1901.31, 1907.24, 2101.01,

2151.011, 2301.02, 2301.03, 2303.201, 2317.422,

2503.17, 2903.13, 2903.21, 2903.211, 2903.22,

2903.33, 2911.21, 2913.46, 2921.13, 2937.22,

2949.091, 2949.111, 2949.17, 2981.13, 3105.87,

3119.01, 3121.037, 3121.0311, 3121.19, 3121.20,

3121.898, 3123.952, 3125.25, 3301.07, 3301.073,

3301.079, 3301.0710, 3301.0711, 3301.0714,

3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42,

3301.55, 3301.68, 3302.01, 3302.02, 3302.021,

3302.03, 3302.031, 3302.05, 3302.07, 3304.231,

3307.31, 3307.64, 3309.41, 3309.48, 3309.51,

3310.03, 3310.08, 3310.09, 3310.11, 3310.14,

3310.41, 3311.06, 3311.19, 3311.21, 3311.29,

3311.52, 3311.76, 3313.174, 3313.41, 3313.48,

3313.481, 3313.482, 3313.483, 3313.53,

3313.532, 3313.533, 3313.536, 3313.55, 3313.60,

3313.603, 3313.605, 3313.607, 3313.608, 3313.61,

3313.611, 3313.612, 3313.614, 3313.615, 3313.62,

3313.64, 3313.642, 3313.6410, 3313.65, 3313.671,

3313.673, 3313.68, 3313.713, 3313.843, 3313.976,

3313.978, 3313.98, 3313.981, 3314.012, 3314.015,

3314.016, 3314.02, 3314.021, 3314.024, 3314.03,

3314.051, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.10, 3314.19, 3314.21, 3314.25,

3314.26, 3314.35, 3314.36, 3315.17, 3315.37,

3316.041, 3316.06, 3316.20, 3317.01, 3317.011,

3317.02, 3317.021, 3317.022, 3317.023, 3317.024,

3317.025, 3317.0210, 3317.0211, 3317.0216,

3317.03, 3317.031, 3317.04, 3317.05, 3317.051,

3317.053, 3317.061, 3317.063, 3317.08, 3317.081,

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 and	582
correction ~~shall~~may 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 the	585
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 or	604
entity that applies to operate and manage a facility as a	605
contractor pursuant to this section shall satisfy one or more of	606
the following criteria:	607

(a) The person or entity is accredited by the American	608
correctional association and, at the time of the application,	609
operates and manages one or more facilities accredited by the	610
American correctional association.	611

(b) The person or entity satisfies all of the minimum	612
criteria and specifications adopted by the department of	613
rehabilitation and correction pursuant to division (A)(2) of this	614
section, provided that this alternative shall be available only in	615
relation to the initial intensive program prison established	616
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 public	619
entity may enter into a contract under this section, the	620
contractor shall convincingly demonstrate to the public entity	621
that it can operate the facility with the inmate capacity required	622
by the public entity and provide the services required in this	623
section and realize at least a five per cent savings over the	624
projected cost to the public entity of providing these same	625
services to operate the facility that is the subject of the	626
contract. No out-of-state prisoners may be housed in any facility	627
that is the subject of a contract entered into under this section.	628

(B) Subject to division (I) of this section, any contract	629
entered into under this section shall include all of the	630
following:	631

(1) A requirement that the contractor retain the contractor's	632
accreditation from the American correctional association	633
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 division	637
(A)(2) of this section;	638

(2) A requirement that all of the following conditions be	639
met:	640

(a) The contractor begins the process of accrediting the	641
facility with the American correctional association no later than	642
sixty days after the facility receives its first inmate.	643

(b) The contractor receives accreditation of the facility	644
within twelve months after the date the contractor applies to the	645
American correctional association for accreditation.	646

(c) Once the accreditation is received, the contractor	647
maintains it for the duration of the contract term.	648

(d) If the contractor does not comply with divisions	649
(B)(2)(a) to (c) of this section, the contractor is in violation	650
of the contract, and the public entity may revoke the contract at	651
its discretion.	652

(3) A requirement that the contractor comply with all rules	653
promulgated by the department of rehabilitation and correction	654
that apply to the operation and management of correctional	655
facilities, including the minimum standards for jails in Ohio and	656
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 the	659
federal, state, and local governments, including, but not limited	660
to, sanitation, food service, safety, and health regulations. The	661
contractor shall be required to send copies of reports of	662
inspections completed by the appropriate authorities regarding	663
compliance with rules and regulations to the director of	664
rehabilitation and correction or the director's designee and, if	665
contracting with a local public entity, to the governing authority	666
of that entity.	667

(4) A requirement that the contractor report for	668
investigation all crimes in connection with the facility to the	669
public entity, to all local law enforcement agencies with	670
jurisdiction over the place at which the facility is located, and,	671
for a crime committed at a state correctional institution, to the	672
state highway patrol;	673

(5) A requirement that the contractor immediately report all	674
escapes from the facility, and the apprehension of all escapees,	675
by telephone and in writing to all local law enforcement agencies	676
with jurisdiction over the place at which the facility is located,	677
to the prosecuting attorney of the county in which the facility is	678
located, to the state highway patrol, to a daily newspaper having	679
general circulation in the county in which the facility is	680
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 state	686
correctional institution, the contractor provide a written report	687
within specified time limits to the director of rehabilitation and	688
correction or the director's designee of all unusual incidents at	689
the facility as defined in rules promulgated by the department of	690
rehabilitation and correction or, if the facility is a local	691
correctional institution, that the contractor provide a written	692
report of all unusual incidents at the facility to the governing	693
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 public	699
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 distribute	703
to the director of rehabilitation and correction or, if	704
contracting with a local public entity, to the governing authority	705
of the local entity annual budget income and expenditure	706
statements and funding source financial reports;	707

(9) A requirement that the public entity appoint and	708
supervise a full-time contract monitor, that the contractor	709
provide suitable office space for the contract monitor at the	710
facility, and that the contractor allow the contract monitor	711
unrestricted access to all parts of the facility and all records	712
of the facility except the contractor's financial records;	713

(10) A requirement that if the facility is a state	714
correctional institution designated department of rehabilitation	715
and correction staff members be allowed access to the facility in	716
accordance with rules promulgated by the department;	717

(11) A requirement that the contractor provide internal and	718
perimeter security as agreed upon in the contract;	719

(12) If the facility is a state correctional institution, a	720
requirement that the contractor impose discipline on inmates	721
housed in a state correctional institution only in accordance with	722
rules promulgated by the department of rehabilitation and	723
correction;	724

(13) A requirement that the facility be staffed at all times	725
with a staffing pattern approved by the public entity and adequate	726
both to ensure supervision of inmates and maintenance of security	727
within the facility and to provide for programs, transportation,	728
security, and other operational needs. In determining security	729
needs, the contractor shall be required to consider, among other	730
things, the proximity of the facility to neighborhoods and	731
schools.	732

(14) If the contract is with a local public entity, a	733
requirement that the contractor provide services and programs,	734
consistent with the minimum standards for jails promulgated by the	735
department of rehabilitation and correction under section 5120.10	736
of the Revised Code;	737

(15) A clear statement that no immunity from liability	738
granted to the state, and no immunity from liability granted to	739
political subdivisions under Chapter 2744. of the Revised Code,	740
shall extend to the contractor or any of the contractor's	741
employees;	742

(16) A statement that all documents and records relevant to	743
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 on	747
the contractor from a schedule of fines included in the contract	748
for the contractor's failure to perform its contractual duties or	749
to cancel the contract, as the public entity considers	750
appropriate. If a fine is imposed, the public entity may reduce	751
the payment owed to the contractor pursuant to any invoice in the	752
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 or	758
more prison industries at a facility operated and managed by a	759
contractor for the department;	760

(20) A requirement that, if the facility is an intensive	761
program prison established pursuant to section 5120.033 of the	762
Revised Code, the facility shall comply with all criteria for	763
intensive program prisons of that type that are set forth in that	764
section;	765

(21) If the institution is a state correctional institution,	766
a requirement that the contractor provide clothing for all inmates	767
housed in the facility that is conspicuous in its color, style, or	768
color and style, that conspicuously identifies its wearer as an	769
inmate, and that is readily distinguishable from clothing of a	770
nature that normally is worn outside the facility by non-inmates,	771
that the contractor require all inmates housed in the facility to	772
wear the clothing so provided, and that the contractor not permit	773
any inmate, while inside or on the premises of the facility or	774
while being transported to or from the facility, to wear any	775
clothing of a nature that does not conspicuously identify its	776
wearer as an inmate and that normally is worn outside the facility	777
by non-inmates.	778

(C) No contract entered into under this section may require,	779
authorize, or imply a delegation of the authority or	780
responsibility of the public entity to a contractor for any of the	781
following:	782

(1) Developing or implementing procedures for calculating	783
inmate release and parole eligibility dates and recommending the	784
granting or denying of parole, although the contractor may submit	785
written reports that have been prepared in the ordinary course of	786
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 be	790
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 offense	793
committed prior to July 1, 1996, or for a misdemeanor offense,	794
developing or implementing procedures for calculating and awarding	795
good time, approving the good time, if any, that may be awarded to	796
inmates engaging in work, and granting, denying, or revoking good	797
time;	798

(4) Classifying an inmate or placing an inmate in a more or	799
a less restrictive custody than the custody ordered by the public	800
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 state	816
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 of	821
cancellation. The contractor may not self-insure.	822

A contractor that has been approved to operate a facility	823
under this section, and a person or entity that enters into a	824
contract for specialized services, as described in division (I) of	825
this section, relative to an intensive program prison established	826
pursuant to section 5120.033 of the Revised Code to be operated by	827
a contractor that has been approved to operate the prison under	828
this section, shall indemnify and hold harmless the state, its	829
officers, agents, and employees, and any local government entity	830
in the state having jurisdiction over the facility or ownership of	831
the facility, shall reimburse the state for its costs in defending	832
the state or any of its officers, agents, or employees, and shall	833
reimburse any local government entity of that nature for its costs	834
in defending the local government entity, from all of the	835
following:	836

(1) Any claims or losses for services rendered by the	837
contractor, person, or entity performing or supplying services in	838
connection with the performance of the contract;	839

(2) Any failure of the contractor, person, or entity or its	840
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 arising	846
out of the contractor's, person's, or entity's activities in this	847
state;	848

(5) Any attorney's fees or court costs arising from any	849
habeas corpus actions or other inmate suits that may arise from	850
any event that occurred at the facility or was a result of such an	851
event, or arise over the conditions, management, or operation of	852
the facility, which fees and costs shall include, but not be	853
limited to, attorney's fees for the state's representation and for	854
any court-appointed representation of any inmate, and the costs of	855
any special judge who may be appointed to hear those actions or	856
suits.	857

(E) Private correctional officers of a contractor operating	858
and managing a facility pursuant to a contract entered into under	859
this section may carry and use firearms in the course of their	860
employment only after being certified as satisfactorily completing	861
an approved training program as described in division (A) of	862
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 a	865
contract entered into under this section, the department of	866
rehabilitation and correction and state and local law enforcement	867
agencies shall use all reasonable means to recapture escapees or	868
quell any disturbance. Any cost incurred by the state or its	869
political subdivisions relating to the apprehension of an escapee	870
or the quelling of a disturbance at the facility shall be	871
chargeable to and borne by the contractor. The contractor shall	872
also reimburse the state or its political subdivisions for all	873
reasonable costs incurred relating to the temporary detention of	874
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 pursuant	881
to a contract entered into under this section shall pay any inmate	882
workers at the facility at the rate approved by the public entity.	883
Inmates working at the facility shall not be considered employees	884
of the contractor.	885

(I) In contracting for the private operation and management	886
pursuant to division (A) of this section of ~~the initial~~any	887
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 of	890
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 the	898
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 management	902
shall comply with all requirements and criteria set forth in this	903
section, and all provisions of this section apply in relation to	904
the prison operated and managed pursuant to the contract.	905

(2) Divisions (A)(2), (B), and (C) of this section do not	906
apply in relation to any specialized services contract, except to	907
the extent that the provisions of those divisions clearly are	908
relevant to the specialized services to be provided under the	909
specialized services contract. Division (D) of this section	910
applies in relation to each specialized services contract.	911

(J) As used in this section:

912

(1) "Public entity" means the department of rehabilitation	913
and correction, or a county or municipal corporation or a	914
combination of counties and municipal corporations, that has	915
jurisdiction over a facility that is the subject of a contract	916
entered into under this section.	917

(2) "Local public entity" means a county or municipal	918
corporation, or a combination of counties and municipal	919
corporations, that has jurisdiction over a jail, workhouse, or	920
other correctional facility used only for misdemeanants that is	921
the subject of a contract entered into under this section.	922

(3) "Governing authority of a local public entity" means, for	923
a county, the board of county commissioners; for a municipal	924
corporation, the legislative authority; for a combination of	925
counties and municipal corporations, all the boards of county	926
commissioners and municipal legislative authorities that joined to	927
create the facility.	928

(4) "Contractor" means a person or entity that enters into a	929
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 or	934
facility used only for misdemeanants, or a state correctional	935
institution, that is the subject of a contract entered into under	936
this section.	937

(6) "Person or entity" in the case of a contract for the	938
private operation and management of a state correctional	939
institution, includes an employee organization, as defined in	940
section 4117.01 of the Revised Code, that represents employees at	941
state correctional institutions.	942

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

943

(1) "Contracting authority" has the same meaning as in	944
section 307.92 of the Revised Code.	945

(2) "Political subdivision" means a municipal corporation,	946
township, county, school district, or other body corporate and	947
politic responsible for governmental activities only in geographic	948
areas smaller than that of the state and also includes a	949
contracting authority.	950

(3) "Reverse auction" means a purchasing process in which	951
offerors submit proposals in competing to sell services or	952
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 this	965
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 the	975
relative importance of price and other evaluation factors. The	976
political subdivision shall give notice of the request for	977
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 the	988
offeror whose proposal the political subdivision determines to be	989
the most advantageous to the political subdivision, taking into	990
consideration factors such as price and the evaluation criteria	991
set forth in the request for proposals. The contract file shall	992
contain the basis on which the award is made.	993

(F) The rules that a political subdivision adopts under this	994
section may require the provision of a performance bond, or	995
another similar form of financial security, in the amount and in	996
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, "Appalachian	1012
region" means the following counties in this state ~~which~~that have	1013
been designated as part of Appalachia by the federal Appalachian	1014
regional commission and ~~which~~that 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 and	1045
policies among institutions and organizations that serve the	1046
Appalachian region;	1047

(4) To act as an ~~ombudsman~~ombudsperson 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, and	1052
organizations within the Appalachian region in distributing	1053
planning information and documents to the appropriate state and	1054
federal agencies and to assist in focusing attention on any	1055
findings and recommendations of these commissions, agencies, and	1056
organizations;	1057

(6) To issue reports on the Appalachian region ~~which~~that	1058
describe progress achieved and the needs that still exist in the	1059
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 commission	1620
shall recommend rules to the attorney general with respect to all	1621
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 college	1625
districts, and the department of natural resources;	1626

(2) Minimum courses of study, attendance requirements, and	1627
equipment and facilities to be required at approved state, county,	1628
municipal, and department of natural resources peace officer	1629
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 peace	1634
officers appointed to probationary terms shall complete before	1635
being eligible for permanent appointment, which requirements shall	1636
include ~~a minimum of fifteen hours of~~ training in the handling of	1637
the offense of domestic violence, other types of domestic	1638
violence-related offenses and incidents, and protection orders and	1639
consent agreements issued or approved under section 2919.26 or	1640
3113.31 of the Revised Code; ~~a minimum of six hours of~~ crisis	1641
intervention training; and ~~a specified amount of~~ training in the	1642
handling of missing children and child abuse and neglect cases;	1643
and the time within which such basic training shall be completed	1644
following appointment to a probationary term;	1645

(5) The requirements of minimum basic training that peace	1646
officers not appointed for probationary terms but appointed on	1647
other than a permanent basis shall complete in order to be	1648
eligible for continued employment or permanent appointment, which	1649
requirements shall include ~~a minimum of fifteen hours of~~ training	1650
in the handling of the offense of domestic violence, other types	1651
of domestic violence-related offenses and incidents, and	1652
protection orders and consent agreements issued or approved under	1653
section 2919.26 or 3113.31 of the Revised Code, ~~a minimum of six~~	1654
~~hours of~~ crisis intervention training, and ~~a specified amount of~~	1655
training in the handling of missing children and child abuse and	1656
neglect cases, and the time within which such basic training shall	1657
be completed following appointment on other than a permanent	1658
basis;	1659

(6) Categories or classifications of advanced in-service	1660
training programs for peace officers, including programs in the	1661
handling of the offense of domestic violence, other types of	1662
domestic violence-related offenses and incidents, and protection	1663
orders and consent agreements issued or approved under section	1664
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	1665
and in the handling of missing children and child abuse and	1666
neglect cases, and minimum courses of study and attendance	1667
requirements with respect to such categories or classifications;	1668

(7) Permitting persons, who are employed as members of a	1669
campus police department appointed under section 1713.50 of the	1670
Revised Code; who are employed as police officers by a qualified	1671
nonprofit corporation police department pursuant to section	1672
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 police	1688
officers pays the entire cost of the training and certification	1689
and if trainee vacancies are available;	1690

(8) Permitting undercover drug agents to attend approved	1691
peace officer training schools, other than the Ohio peace officer	1692
training academy, and to receive certificates of satisfactory	1693
completion of basic training programs, if, for each undercover	1694
drug agent, the county, township, or municipal corporation that	1695
employs that undercover drug agent pays the entire cost of the	1696
training and certification;	1697

(9)(a) The requirements for basic training programs for	1698
bailiffs and deputy bailiffs of courts of record of this state and	1699
for criminal investigators employed by the state public defender	1700
that those persons shall complete before they may carry a firearm	1701
while on duty;	1702

(b) The requirements for any training received by a bailiff	1703
or deputy bailiff of a court of record of this state or by a	1704
criminal investigator employed by the state public defender prior	1705
to June 6, 1986, that is to be considered equivalent to the	1706
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 of	1710
persons who are employed as correction officers in a full-service	1711
jail, five-day facility, or eight-hour holding facility or who	1712
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, with	1720
the approval of the attorney general, who shall hold office during	1721
the pleasure of the commission. The executive director shall	1722
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 amounts	1725
available by appropriation. The executive director may appoint	1726
officers, employees, agents, and consultants as the executive	1727
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 the	1730
commission.	1731

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 that	1736
has been approved by the executive director or for which	1737
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 to	1743
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 offers	1746
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 appropriate	1749
to carry out the powers and duties of the commission as set forth	1750
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
~~that~~the 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, in	1769
accordance with Chapter 119. of the Revised Code or pursuant to	1770
section 109.74 of the Revised Code, rules governing the training	1771
of peace officers in the handling of the offense of domestic	1772
violence, other types of domestic violence-related offenses and	1773
incidents, and protection orders and consent agreements issued or	1774
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 hours~~specified	1778
amount of ~~that~~ training that is ~~required~~necessary 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 be	1783
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 ~~his~~the	1786
victim's rights;	1787

(3) Processing protection orders and consent agreements	1788
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 a	1792
certificate of approval to a peace officer training school	1793
pursuant to section 109.75 of the Revised Code unless the school	1794
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 training	1803
schools for employees of conservancy districts who are designated	1804
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 state	1807
watercraft officers of the department of natural resources.	1808

(B)(1) A peace officer training school is not required to	1809
permit an undercover drug agent, a bailiff or deputy bailiff of a	1810
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
~~employer~~employing county, township, municipal corporation, court,	1821
or state public defender fails to pay the entire cost of the	1822
training and certification.	1823

(2) A training school shall not permit a bailiff or deputy	1824
bailiff of a court of record of this state or a criminal	1825
investigator employed by the state public defender to attend its	1826
basic training programs unless the employing court of the bailiff	1827
or deputy bailiff or the state public defender, whichever is	1828
applicable, has authorized the bailiff, deputy bailiff, or	1829
investigator to attend the school.	1830

(C) The attorney general shall adopt, in accordance with	1831
Chapter 119. or pursuant to section 109.74 of the Revised Code,	1832
rules governing the attendance of undercover drug agents at	1833
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 or	1837
employs one or more peace officers shall report to the Ohio peace	1838
officer training commission all of the following that occur on or	1839
after February 20, 2002:	1840

(a) The appointment or employment of any person to serve the	1841
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, or	1844
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 by	1851
this division not later than ten days after the occurrence of the	1852
event being reported. The agency or entity shall make the report	1853
in the manner and format prescribed by the executive director of	1854
the Ohio peace officer training commission.	1855

(B) Each agency or entity that appoints or employs one or	1856
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 trooper	1863
capacities. The agency or entity shall provide the roster in the	1864
manner and format, and by the date, prescribed by the executive	1865
director of the Ohio peace officer training commission.	1866

(C) The Ohio peace officer training commission shall	1867
prescribe the manner and format of making reports under division	1868
(A) of this section and providing annual rosters under division	1869
(B) of this section and shall prescribe the date by which the	1870
annual rosters must be provided.	1871

Sec. 109.77. (A) As used in this section, "felony" has the	1872
same meaning as in section 109.511 of the Revised Code.	1873

(B)(1) Notwithstanding any general, special, or local law or	1874
charter to the contrary, and except as otherwise provided in this	1875
section, no person shall receive an original appointment on a	1876
permanent basis as any of the following unless the person	1877
previously has been awarded a certificate by the executive	1878
director of the Ohio peace officer training commission attesting	1879
to the person's satisfactory completion of an approved state,	1880
county, municipal, or department of natural resources peace	1881
officer basic training program:	1882

(a) A peace officer of any county, township, municipal	1883
corporation, regional transit authority, or metropolitan housing	1884
authority;	1885

(b) A natural resources law enforcement staff officer, park	1886
officer, forest officer, preserve officer, wildlife officer, or	1887
state watercraft officer of the department of natural resources;	1888

(c) An employee of a park district under section 511.232 or	1889
1545.13 of the Revised Code;	1890

(d) An employee of a conservancy district who is designated	1891
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 of	1894
mental health pursuant to section 5119.14 of the Revised Code or	1895
the department of mental retardation and developmental	1896
disabilities pursuant to section 5123.13 of the Revised Code;	1897

(g) An enforcement agent of the department of public safety	1898
whom the director of public safety designates under section	1899
5502.14 of the Revised Code;	1900

(h) A special police officer employed by a port authority	1901
under section 4582.04 or 4582.28 of the Revised Code;	1902

(i) A special police officer employed by a municipal	1903
corporation at a municipal airport, or other municipal air	1904
navigation facility, that has scheduled operations, as defined in	1905
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1906
C.F.R. 119.3, as amended, and that is required to be under a	1907
security program and is governed by aviation security rules of the	1908
transportation security administration of the United States	1909
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 the	1914
person previously has completed satisfactorily or, within the time	1915
prescribed by rules adopted by the attorney general pursuant to	1916
section 109.74 of the Revised Code, satisfactorily completes a	1917
state, county, municipal, or department of natural resources peace	1918
officer basic training program for temporary or probationary	1919
officers and is awarded a certificate by the director attesting to	1920
the satisfactory completion of the program:	1921

(a) A peace officer of any county, township, municipal	1922
corporation, regional transit authority, or metropolitan housing	1923
authority;	1924

(b) A natural resources law enforcement staff officer, park	1925
officer, forest officer, preserve officer, wildlife officer, or	1926
state watercraft officer of the department of natural resources;	1927

(c) An employee of a park district under section 511.232 or	1928
1545.13 of the Revised Code;	1929

(d) An employee of a conservancy district who is designated	1930
pursuant to section 6101.75 of the Revised Code;	1931

(e) A special police officer employed by the department of	1932
mental health pursuant to section 5119.14 of the Revised Code or	1933
the department of mental retardation and developmental	1934
disabilities pursuant to section 5123.13 of the Revised Code;	1935

(f) An enforcement agent of the department of public safety	1936
whom the director of public safety designates under section	1937
5502.14 of the Revised Code;	1938

(g) A special police officer employed by a port authority	1939
under section 4582.04 or 4582.28 of the Revised Code;	1940

(h) A special police officer employed by a municipal	1941
corporation at a municipal airport, or other municipal air	1942
navigation facility, that has scheduled operations, as defined in	1943
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1944
C.F.R. 119.3, as amended, and that is required to be under a	1945
security program and is governed by aviation security rules of the	1946
transportation security administration of the United States	1947
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 peace	1951
officer basic training program, regardless of whether the program	1952
is to be completed by peace officers appointed on a permanent or	1953
temporary, probationary, or other nonpermanent basis, shall	1954
include ~~at least fifteen hours of~~ training in the handling of the	1955
offense of domestic violence, other types of domestic	1956
violence-related offenses and incidents, and protection orders and	1957
consent agreements issued or approved under section 2919.26 or	1958
3113.31 of the Revised Code and ~~at least six hours of~~ crisis	1959
intervention training. The requirement to complete ~~fifteen hours~~	1960
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 approved	1963
under section 2919.26 or 3113.31 of the Revised Code does not	1964
apply to any person serving as a peace officer on March 27, 1979,	1965
and the requirement to complete ~~six hours of~~ training in crisis	1966
intervention does not apply to any person serving as a peace	1967
officer on April 4, 1985. Any person who is serving as a peace	1968
officer on April 4, 1985, who terminates that employment after	1969
that date, and who subsequently is hired as a peace officer by the	1970
same or another law enforcement agency shall complete ~~the six~~	1971
~~hours of~~ training in crisis intervention ~~within the time~~as	1972
prescribed by rules adopted by the attorney general pursuant to	1973
section 109.742 of the Revised Code. No peace officer shall have	1974
employment as a peace officer terminated and then be reinstated	1975
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 on	1982
March 6, 1986, as an employee of a conservancy district designated	1983
pursuant to section 6101.75 of the Revised Code, to any person	1984
serving on a permanent basis on January 10, 1991, as a preserve	1985
officer of the department of natural resources, to any person	1986
employed on a permanent basis on July 2, 1992, as a special police	1987
officer by the department of mental health pursuant to section	1988
5119.14 of the Revised Code or by the department of mental	1989
retardation and developmental disabilities pursuant to section	1990
5123.13 of the Revised Code, to any person serving on a permanent	1991
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 amendment~~March 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 officer	2009
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 an	2019
original appointment on a permanent basis as a veterans' home	2020
police officer designated under section 5907.02 of the Revised	2021
Code unless the person previously has been awarded a certificate	2022
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 officer	2027
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 training	2031
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 section	2035
2923.11 of the Revised Code, while on duty unless the bailiff,	2036
deputy bailiff, or criminal investigator has done or received one	2037
of the following:	2038

(1) Has been awarded a certificate by the executive director	2039
of the Ohio peace officer training commission, which certificate	2040
attests to satisfactory completion of an approved state, county,	2041
or municipal basic training program for bailiffs and deputy	2042
bailiffs of courts of record and for criminal investigators	2043
employed by the state public defender that has been recommended by	2044
the Ohio peace officer training commission;	2045

(2) Has successfully completed a firearms training program	2046
approved by the Ohio peace officer training commission prior to	2047
employment as a bailiff, deputy bailiff, or criminal investigator;	2048

(3) Prior to June 6, 1986, was authorized to carry a firearm	2049
by the court that employed the bailiff or deputy bailiff or, in	2050
the case of a criminal investigator, by the state public defender	2051
and has received training in the use of firearms that the Ohio	2052
peace officer training commission determines is equivalent to the	2053
training that otherwise is required by division (D) of this	2054
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, shall	2073
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 award	2079
a certificate prescribed in this section to a person who has been	2080
convicted of or has pleaded guilty to a felony or who fails to	2081
disclose any previous criminal conviction of or plea of guilty to	2082
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 being	2086
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 the	2092
certificate or has been classified as a peace officer prior to,	2093
on, or after October 16, 1996, the executive director of the Ohio	2094
peace officer training commission shall revoke any certificate	2095
that has been awarded to a person as prescribed in this section if	2096
the person does either of the following:	2097

(a) Pleads guilty to a felony committed on or after January	2098
1, 1997;	2099

(b) Pleads guilty to a misdemeanor committed on or after	2100
January 1, 1997, pursuant to a negotiated plea agreement as	2101
provided in division (D) of section 2929.43 of the Revised Code in	2102
which the person agrees to surrender the certificate awarded to	2103
the person under this section.	2104

(2) The executive director of the commission shall suspend	2105
any certificate that has been awarded to a person as prescribed in	2106
this section if the person is convicted, after trial, of a felony	2107
committed on or after January 1, 1997. The executive director	2108
shall suspend the certificate pursuant to division (F)(2) of this	2109
section pending the outcome of an appeal by the person from that	2110
conviction to the highest court to which the appeal is taken or	2111
until the expiration of the period in which an appeal is required	2112
to be filed. If the person files an appeal that results in that	2113
person's acquittal of the felony or conviction of a misdemeanor,	2114
or in the dismissal of the felony charge against that person, the	2115
executive director shall reinstate the certificate awarded to the	2116
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 this	2122
section and the certificate is revoked pursuant to division (E)(4)	2123
or (F) of this section, the person shall not be eligible to	2124
receive, at any time, a certificate attesting to the person's	2125
satisfactory completion of a peace officer basic training program.	2126

(2) The revocation or suspension of a certificate under	2127
division (E)(4) or (F) of this section shall be in accordance with	2128
Chapter 119. of the Revised Code.	2129

(H)(1) A person who was employed as a peace officer of a	2130
county, township, or municipal corporation of the state on January	2131
1, 1966, and who has completed at least sixteen years of full-time	2132
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 highway	2140
trooper on January 1, 1966, may receive an original appointment on	2141
a permanent basis and serve as a peace officer of a county,	2142
township, or municipal corporation, or as a state university law	2143
enforcement officer, without complying with the requirements of	2144
division (B) of this section.	2145

(I) No person who is appointed as a peace officer of a	2146
county, township, or municipal corporation on or after April 9,	2147
1985, shall serve as a peace officer of that county, township, or	2148
municipal corporation unless the person has received training in	2149
the handling of missing children and child abuse and neglect cases	2150
from an approved state, county, township, or municipal police	2151
officer basic training program or receives the training within the	2152
time prescribed by rules adopted by the attorney general pursuant	2153
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 municipal	2157
basic training program for criminal investigators employed by the	2158
state public defender shall be used as credit toward the	2159
completion by a peace officer of any part of the approved state,	2160
county, or municipal peace officer basic training program that the	2161
peace officer is required by this section to complete	2162
satisfactorily.	2163

(K) This section does not apply to any member of the police	2164
department of a municipal corporation in an adjoining state	2165
serving in this state under a contract pursuant to section 737.04	2166
of the Revised Code.	2167

Sec. 109.802. (A) There is hereby created in the state	2168
treasury the law enforcement assistance fund. The ~~fund~~attorney	2169
general shall ~~be used~~use 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 other	2174
administrative costs incurred by the attorney general to	2175
administer those sections.	2176

(B) The attorney general shall adopt rules in accordance with	2177
Chapter 119. of the Revised Code establishing application	2178
procedures, standards, and guidelines, and prescribing an	2179
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 be	2184
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 proper	2197
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 attorney	2212
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 all~~for	2223
each of the appointing authority's peace officers or troopers	2224
~~comply~~who 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 the	2297
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
scho