S. B. No. 79 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. B. No. 79

Senator Stewart

Cosponsors: Senators Roberts, Gibbs, Gillmor, Turner, Wagoner

A BILL

To amend sections 9.239, 9.55, 101.37, 101.39,

107.12, 109.57, 109.572, 109.71, 109.77, 109.86,

117.102, 121.02, 121.03, 121.32, 121.36, 121.37,

123.01, 124.11, 124.23, 124.241, 124.27, 124.38,

124.381, 125.602, 125.603, 126.32, 127.16,

135.801, 135.802, 135.803, 140.01, 140.03,

140.05, 145.012, 145.297, 154.17, 154.20, 173.03,

305.14, 307.10, 307.86, 309.10, 319.16, 325.19,

329.06, 1751.01, 1751.02, 2108.521, 2109.01,

2109.04, 2111.01, 2111.02, 2111.10, 2133.25,

2151.011, 2151.421, 2903.33, 2919.271, 2921.36,

2921.38, 2930.061, 2935.03, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2967.22,

3109.18, 3301.07, 3301.15, 3301.52, 3301.53,

3301.55, 3301.57, 3301.58, 3304.231, 3313.65,

3313.715, 3314.022, 3314.99, 3317.01, 3317.02,

3317.024, 3317.03, 3317.032, 3317.05, 3317.051,

3317.052, 3317.07, 3317.15, 3317.20, 3319.22,

3319.99, 3323.01, 3323.02, 3323.021, 3323.03,

3323.04, 3323.05, 3323.07, 3323.09, 3323.091,

3323.12, 3323.141, 3323.142, 3323.31, 3326.99,

3501.01, 3701.78, 3701.93, 3701.932, 3701.933,

3705.36, 3721.01, 3721.14, 3722.01, 3727.01,

3735.58, 4109.06, 4115.32, 4141.29, 4511.21,

4511.75, 4723.071, 5101.35, 5101.46, 5101.611,

5103.02, 5103.13, 5104.08, 5107.24, 5111.042,

5111.151, 5111.202, 5111.203, 5111.211, 5111.251,

5111.291, 5111.65, 5111.677, 5111.709, 5111.87,

5111.871, 5111.872, 5111.873, 5111.874, 5111.875,

5111.876, 5111.8710, 5111.915, 5112.30, 5112.32,

5112.37, 5112.371, 5119.16, 5119.221, 5119.51,

5120.07, 5120.135, 5121.01, 5121.02, 5121.03,

5121.04, 5121.05, 5121.051, 5121.06, 5121.061,

5121.07, 5121.08, 5121.09, 5121.10, 5121.11,

5121.12, 5123.01, 5123.012, 5123.02, 5123.021,

5123.03, 5123.031, 5123.032, 5123.033, 5123.04,

5123.042, 5123.043, 5123.044, 5123.046, 5123.047,

5123.048, 5123.049, 5123.0410, 5123.0411,

5123.0412, 5123.0413, 5123.0414, 5123.0415,

5123.0416, 5123.0417, 5123.05, 5123.051, 5123.06,

5123.07, 5123.08, 5123.081, 5123.082, 5123.083,

5123.09, 5123.091, 5123.092, 5123.093, 5123.10,

5123.11, 5123.12, 5123.122, 5123.13, 5123.14,

5123.15, 5123.16, 5123.161, 5123.162, 5123.163,

5123.164, 5123.166, 5123.167, 5123.168, 5123.169,

5123.17, 5123.171, 5123.172, 5123.18, 5123.181,

5123.19, 5123.191, 5123.194, 5123.195, 5123.196,

5123.198, 5123.21, 5123.211, 5123.22, 5123.221,

5123.23, 5123.24, 5123.25, 5123.26, 5123.27,

5123.28, 5123.29, 5123.30, 5123.31, 5123.33,

5123.34, 5123.35, 5123.351, 5123.352, 5123.36,

5123.37, 5123.371, 5123.372, 5123.373, 5123.374,

5123.375, 5123.38, 5123.40, 5123.41, 5123.42,

5123.421, 5123.43, 5123.44, 5123.45, 5123.451,

5123.47, 5123.50, 5123.51, 5123.52, 5123.53,

5123.54, 5123.541, 5123.542, 5123.55, 5123.56,

5123.57, 5123.58, 5123.59, 5123.60, 5123.601,

5123.602, 5123.604, 5123.61, 5123.611, 5123.612,

5123.613, 5123.614, 5123.63, 5123.64, 5123.65,

5123.71, 5123.711, 5123.72, 5123.73, 5123.74,

5123.75, 5123.76, 5123.801, 5123.81, 5123.811,

5123.82, 5123.85, 5123.86, 5123.89, 5123.90,

5123.96, 5126.01, 5126.02, 5126.021, 5126.022,

5126.023, 5126.024, 5126.025, 5126.026, 5126.027,

5126.028, 5126.029, 5126.0210, 5126.0211,

5126.0212, 5126.0213, 5126.0214, 5126.0215,

5126.0216, 5126.0217, 5126.0218, 5126.0219,

5126.0220, 5126.0221, 5126.0222, 5126.0223,

5126.0224, 5126.0225, 5126.0226, 5126.0227,

5126.0228, 5126.0229, 5126.03, 5126.031,

5126.032, 5126.033, 5126.034, 5126.037, 5126.038,

5126.04, 5126.041, 5126.042, 5126.044, 5126.045,

5126.046, 5126.05, 5126.051, 5126.052, 5126.054,

5126.055, 5126.056, 5126.058, 5126.059,

5126.0510, 5126.0511, 5126.0512, 5126.06,

5126.07, 5126.071, 5126.08, 5126.081, 5126.082,

5126.09, 5126.10, 5126.11, 5126.12, 5126.121,

5126.13, 5126.14, 5126.15, 5126.18, 5126.19,

5126.20, 5126.201, 5126.21, 5126.22, 5126.221,

5126.23, 5126.24, 5126.25, 5126.251, 5126.252,

5126.253, 5126.254, 5126.26, 5126.27, 5126.28,

5126.281, 5126.29, 5126.30, 5126.31, 5126.311,

5126.313, 5126.33, 5126.331, 5126.333, 5126.34,

5126.36, 5126.40, 5126.41, 5126.42, 5126.43,

5126.45, 5126.46, 5126.47, 5126.49, 5126.50,

5126.54, 5126.55, 5126.57, 5126.58, 5126.59,

5126.61, 5126.62, 5126.99, 5139.08, 5139.34,

5145.18, 5153.16, 5153.99, 5511.03, 5543.011,

5705.091, 5705.14, 5705.191, 5705.222, 5705.28,

5705.44, 5735.142, 5815.28, and 5815.35; to amend

section 5123.011 as it results from Am. Sub. S.B.

156 of the 119th General Assembly; to amend, for

the purpose of adopting a new section number as

indicated in parentheses, section 5123.011

(5123.013) as it results from Am. Sub. S.B. 285

of the 121st General Assembly; to enact sections

5123.014 and 5126.011 of the Revised Code; to

amend Sections 213.30, 269.20.40, 269.20.80,

269.20.90, 269.30.50, 293.30, 309.31.60,

309.31.70, 335.40.10, 337.10, 337.20.10,

100

337.30.10, 337.30.20, 337.30.30, 337.30.40,

101

337.30.60, 337.30.70, 337.30.80, 337.40.10, and

102

337.40.30 of Am. Sub. H.B. 119 of the 127th

103

General Assembly, to amend Sections 337.30.43,

104

337.40, and 337.40.15 of Am. Sub. H.B. 119 of

105

the 127th General Assembly as subsequently

106

amended, to amend Sections 209.60.40, 209.60.50,

107

and 501.40 of H.B. 496 of the 127th General

108

Assembly, to amend Section 201.60.30 of H.B. 496

109

of the 127th General Assembly, as subsequently

110

amended, to amend Sections 231.30.10, 231.30.20,

111

253.10, and 751.10 of Am. Sub. H.B. 562 of the

112

127th General Assembly, to amend Section

113

231.20.30 of Am. Sub. H.B. 562 of the 127th

114

General Assembly, as subsequently amended, and

115

to amend Section 4 of Am. Sub. H.B. 516 of the

116

125th General Assembly, as subsequently amended,

117

to change the name of the Department of Mental

118

Retardation and Developmental Disabilities to the

119

Department of Developmental Disabilities and the

120

name of county boards of mental retardation and

121

developmental disabilities to county boards of

122

developmental disabilities and to make similar

123

name changes for the Joint Council on Mental

124

Retardation and Developmental Disabilities, the

125

Mental Retardation and Developmental

126

Disabilities Developmental Center Closure

127

Commission, and certain state and county funds.

128

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

Section 1. That sections 9.239, 9.55, 101.37, 101.39, 107.12,	129
109.57, 109.572, 109.71, 109.77, 109.86, 117.102, 121.02, 121.03,	130
121.32, 121.36, 121.37, 123.01, 124.11, 124.23, 124.241, 124.27,	131
124.38, 124.381, 125.602, 125.603, 126.32, 127.16, 135.801,	132
135.802, 135.803, 140.01, 140.03, 140.05, 145.012, 145.297,	133
154.17, 154.20, 173.03, 305.14, 307.10, 307.86, 309.10, 319.16,	134
325.19, 329.06, 1751.01, 1751.02, 2108.521, 2109.01, 2109.04,	135
2111.01, 2111.02, 2111.10, 2133.25, 2151.011, 2151.421, 2903.33,	136
2919.271, 2921.36, 2921.38, 2930.061, 2935.03, 2945.37, 2945.371,	137
2945.38, 2945.39, 2945.40, 2945.401, 2967.22, 3109.18, 3301.07,	138
3301.15, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58, 3304.231,	139
3313.65, 3313.715, 3314.022, 3314.99, 3317.01, 3317.02, 3317.024,	140
3317.03, 3317.032, 3317.05, 3317.051, 3317.052, 3317.07, 3317.15,	141
3317.20, 3319.22, 3319.99, 3323.01, 3323.02, 3323.021, 3323.03,	142
3323.04, 3323.05, 3323.07, 3323.09, 3323.091, 3323.12, 3323.141,	143
3323.142, 3323.31, 3326.99, 3501.01, 3701.78, 3701.93, 3701.932,	144
3701.933, 3705.36, 3721.01, 3721.14, 3722.01, 3727.01, 3735.58,	145
4109.06, 4115.32, 4141.29, 4511.21, 4511.75, 4723.071, 5101.35,	146
5101.46, 5101.611, 5103.02, 5103.13, 5104.08, 5107.24, 5111.042,	147
5111.151, 5111.202, 5111.203, 5111.211, 5111.251, 5111.291,	148
5111.65, 5111.677, 5111.709, 5111.87, 5111.871, 5111.872,	149
5111.873, 5111.874, 5111.875, 5111.876, 5111.8710, 5111.915,	150
5112.30, 5112.32, 5112.37, 5112.371, 5119.16, 5119.221, 5119.51,	151
5120.07, 5120.135, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05,	152
5121.051, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10,	153
5121.11, 5121.12, 5123.01, 5123.012, 5123.02, 5123.021, 5123.03,	154
5123.031, 5123.032, 5123.033, 5123.04, 5123.042, 5123.043,	155
5123.044, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,	156
5123.0411, 5123.0412, 5123.0413, 5123.0414, 5123.0415, 5123.0416,	157
5123.0417, 5123.05, 5123.051, 5123.06, 5123.07, 5123.08,	158
5123.081, 5123.082, 5123.083, 5123.09, 5123.091, 5123.092,	159
5123.093, 5123.10, 5123.11, 5123.12, 5123.122, 5123.13, 5123.14,	160
5123.15, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164,	161
5123.166, 5123.167, 5123.168, 5123.169, 5123.17, 5123.171,	162
5123.172, 5123.18, 5123.181, 5123.19, 5123.191, 5123.194,	163
5123.195, 5123.196, 5123.198, 5123.21, 5123.211, 5123.22,	164
5123.221, 5123.23, 5123.24, 5123.25, 5123.26, 5123.27, 5123.28,	165
5123.29, 5123.30, 5123.31, 5123.33, 5123.34, 5123.35, 5123.351,	166
5123.352, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373,	167
5123.374, 5123.375, 5123.38, 5123.40, 5123.41, 5123.42, 5123.421,	168
5123.43, 5123.44, 5123.45, 5123.451, 5123.47, 5123.50, 5123.51,	169
5123.52, 5123.53, 5123.54, 5123.541, 5123.542, 5123.55, 5123.56,	170
5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 5123.602, 5123.604,	171
5123.61, 5123.611, 5123.612, 5123.613, 5123.614, 5123.63,	172
5123.64, 5123.65, 5123.71, 5123.711, 5123.72, 5123.73, 5123.74,	173
5123.75, 5123.76, 5123.801, 5123.81, 5123.811, 5123.82, 5123.85,	174
5123.86, 5123.89, 5123.90, 5123.96, 5126.01, 5126.02, 5126.021,	175
5126.022, 5126.023, 5126.024, 5126.025, 5126.026, 5126.027,	176
5126.028, 5126.029, 5126.0210, 5126.0211, 5126.0212, 5126.0213,	177
5126.0214, 5126.0215, 5126.0216, 5126.0217, 5126.0218, 5126.0219,	178
5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225,	179
5126.0226, 5126.0227, 5126.0228, 5126.0229, 5126.03, 5126.031,	180
5126.032, 5126.033, 5126.034, 5126.037, 5126.038, 5126.04,	181
5126.041, 5126.042, 5126.044, 5126.045, 5126.046, 5126.05,	182
5126.051, 5126.052, 5126.054, 5126.055, 5126.056, 5126.058,	183
5126.059, 5126.0510, 5126.0511, 5126.0512, 5126.06, 5126.07,	184
5126.071, 5126.08, 5126.081, 5126.082, 5126.09, 5126.10,	185
5126.11, 5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 5126.18,	186
5126.19, 5126.20, 5126.201, 5126.21, 5126.22, 5126.221, 5126.23,	187
5126.24, 5126.25, 5126.251, 5126.252, 5126.253, 5126.254,	188
5126.26, 5126.27, 5126.28, 5126.281, 5126.29, 5126.30, 5126.31,	189
5126.311, 5126.313, 5126.33, 5126.331, 5126.333, 5126.34,	190
5126.36, 5126.40, 5126.41, 5126.42, 5126.43, 5126.45, 5126.46,	191
5126.47, 5126.49, 5126.50, 5126.54, 5126.55, 5126.57, 5126.58,	192
5126.59, 5126.61, 5126.62, 5126.99, 5139.08, 5139.34, 5145.18,	193
5153.16, 5153.99, 5511.03, 5543.011, 5705.091, 5705.14, 5705.191,	194
5705.222, 5705.28, 5705.44, 5735.142, 5815.28, and 5815.35 and	195
section 5123.011 as it results from Am. Sub. S.B. 156 of the	196
119th General Assembly be amended; that section 5123.011	197
(5123.013) as it results from Am. Sub. S.B. 285 of the 121st	198
General Assembly be amended for the purpose of adopting a new	199
section number as indicated in parentheses; and sections 5123.014	200
and 5126.011 of the Revised Code be enacted to read as follows:	201

Sec. 9.239. (A) There is hereby created the government	202
contracting advisory council. The attorney general and auditor of	203
state shall consult with the council on the performance of their	204
rule-making functions under sections 9.237 and 9.238 of the	205
Revised Code and shall consider any recommendations of the	206
council. The director of job and family services shall annually	207
report to the council the cost methodology of the medicaid-funded	208
services described in division (A)(3)(d) of section 9.231 of the	209
Revised Code. The council shall consist of the following members	210
or their designees:	211

(1) The attorney general;

212

(2) The auditor of state;

213

(3) The director of administrative services;

214

(4) The director of aging;

215

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

216

(6) The director of budget and management;

217

(7) The director of development;

218

(8) The director of job and family services;

219

(9) The director of mental health;

220

(10) The director of ~~mental retardation and~~ developmental	221
disabilities;	222

(11) The director of rehabilitation and correction;

223

(12) The administrator of workers' compensation;

224

(13) The executive director of the county commissioners'	225
association of Ohio;	226

(14) The president of the Ohio grantmakers forum;

227

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

228

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

229

(17) The president of the Ohio society of certified public	230
accountants;	231

(18) The executive director of the Ohio association of	232
nonprofit organizations;	233

(19) The president of the Ohio united way;

234

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

235

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

236

(B) If an agency or organization represented on the council	237
ceases to exist in the form it has on ~~the effective date of this~~	238
~~section~~September 29, 2005, the successor agency or organization	239
shall be represented in its place. If there is no successor agency	240
or organization, or if it is not clear what agency or organization	241
is the successor, the attorney general shall designate an agency	242
or organization to be represented in place of the agency or	243
organization originally represented on the council.	244

(C) The two members appointed to the council shall serve	245
three-year terms. Original appointments shall be made not later	246
than sixty days after ~~the effective date of this section~~September	247
29, 2005. Vacancies on the council shall be filled in the same	248
manner as the original appointment.	249

(D) The attorney general or the attorney general's designee	250
shall be the chairperson of the council. The council shall meet at	251
least once every two years to review the rules adopted under	252
sections 9.237 and 9.238 of the Revised Code and to make	253
recommendations to the attorney general and auditor of state	254
regarding the adoption, amendment, or repeal of those rules. The	255
council shall also meet at other times as requested by the	256
attorney general or auditor of state.	257

(E) Members of the council shall serve without compensation	258
or reimbursement.	259

(F) The office of the attorney general shall provide	260
necessary staff, facilities, supplies, and services to the	261
council.	262

(G) Sections 101.82 to 101.87 of the Revised Code do not	263
apply to the council.	264

Sec. 9.55. (A) As used in this section, "state agency" means	265
the house of representatives, the senate, the governor, the	266
secretary of state, the auditor of state, the treasurer of state,	267
the attorney general, the department of job and family services,	268
the department of commerce, the department of ~~mental retardation~~	269
~~and~~ developmental disabilities, the department of education, the	270
department of health, the department of aging, the governor's	271
office of advocacy for disabled persons, and the civil rights	272
commission.	273

(B) Each state agency shall install in its offices at least	274
one teletypewriter designed to receive printed messages from and	275
transmit printed messages to deaf or hearing-impaired persons.	276

Sec. 101.37. (A) There is hereby created the joint council on	277
~~mental retardation and~~ developmental disabilities. The joint	278
council shall consist of three members of the house of	279
representatives appointed by the speaker of the house of	280
representatives, not more than two of whom shall be members of the	281
same political party, three members of the senate appointed by the	282
president of the senate, not more than two of whom shall be	283
members of the same political party, and the director of ~~mental~~	284
~~retardation and~~ developmental disabilities. At least one member of	285
the joint council appointed by the speaker of the house of	286
representatives and at least one member appointed by the president	287
of the senate shall be a member of the house or senate committee	288
with primary responsibility for appropriation issues and at least	289
one member appointed by the speaker and at least one member	290
appointed by the president shall be a member of the house or	291
senate committee with primary responsibility for human services	292
issues.	293

Members of the joint council shall be reimbursed for their	294
actual and necessary expenses incurred in the performance of their	295
official duties, provided that reimbursement for such expenses	296
shall not exceed limits imposed upon the department of ~~mental~~	297
~~retardation and~~ developmental disabilities by administrative rules	298
regulating travel within this state. Members shall receive no	299
other compensation.	300

The joint council shall organize itself within fifteen days	301
after the commencement of each regular session of the general	302
assembly by electing a chairperson and vice-chairperson. The joint	303
council may meet upon the call of the chairperson, the director,	304
or on the request of any three members.	305

Members of the joint council who are appointed from the	306
general assembly shall serve until the expiration of their terms	307
in the general assembly. Any vacancies occurring among the general	308
assembly members of the joint council shall be filled in the	309
manner of the original appointment.	310

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

311

(1) Appoint the original members of the citizen's advisory	312
council at any institution under the control of the department of	313
~~mental retardation and~~ developmental disabilities that is created	314
after November 15, 1981;	315

(2) Make final determinations in any dispute between the	316
director of ~~mental retardation and~~ developmental disabilities and	317
a citizen's advisory council concerning the appointment of members	318
to the citizen's advisory council, as provided for in section	319
5123.092 of the Revised Code;	320

(3) Receive reports from citizen's advisory councils on or	321
before the thirty-first day of January of each year, as required	322
by section 5123.093 of the Revised Code;	323

(4) Receive reports as appropriate concerning extenuating	324
circumstances at institutions under the control of the department	325
of ~~mental retardation and~~ developmental disabilities;	326

(5) Conduct reviews and make recommendations to the director	327
of ~~mental retardation and~~ developmental disabilities with respect	328
to any disputes between the department of ~~mental retardation and~~	329
developmental disabilities and entities that have entered into	330
contracts with the department for the provision of protective	331
services to individuals with mental retardation or developmental	332
disabilities;	333

(6) Provide the director of ~~mental retardation and~~	334
developmental disabilities with advice on legislative and fiscal	335
issues affecting the department of ~~mental retardation and~~	336
developmental disabilities, county boards of ~~mental retardation~~	337
~~and~~ developmental disabilities, persons with mental retardation or	338
developmental disabilities, and providers of services to persons	339
with mental retardation or developmental disabilities and on	340
related issues the director requests the joint council to address;	341

(7) On behalf of the director of ~~mental retardation and~~	342
developmental disabilities, advocate to the general assembly	343
legislative issues about which the joint council has provided	344
advice to the director.	345

(C) Reports and any correspondence received by the joint	346
council shall be deposited with the legislative service	347
commission, which shall retain them for not less than three years	348
after the date of deposit.	349

Sec. 101.39. (A) There is hereby created the joint	350
legislative committee on health care oversight. The committee may	351
review or study any matter related to the provision of health care	352
services that it considers of significance to the citizens of this	353
state, including the availability of health care, the quality of	354
health care, the effectiveness and efficiency of managed care	355
systems, and the operation of the medical assistance program	356
established under Chapter 5111. of the Revised Code or other	357
government health programs.	358

The department of job and family services, department of	359
health, department of aging, department of mental health,	360
department of ~~mental retardation and~~ developmental disabilities,	361
department of alcohol and drug addiction services, and other state	362
agencies shall cooperate with the committee in its study and	363
review of health care issues. On request, the departments shall	364
provide the committee with reports and other information	365
sufficient for the committee to fulfill its duties.	366

The committee may issue recommendations as it determines	367
appropriate. The recommendations may be made to the general	368
assembly, state agencies, private industry, or any other entity.	369

(B) The committee shall consist of the following members of	370
the general assembly: the chairperson of the senate's standing	371
committee with primary responsibility for health legislation, the	372
chairperson of the house of representatives' standing committee	373
with primary responsibility for health legislation, four members	374
of the house of representatives appointed by the speaker of the	375
house of representatives, and four members of the senate appointed	376
by the president of the senate. Not more than two members	377
appointed by the speaker of the house of representatives and not	378
more than two members appointed by the president of the senate may	379
be of the same political party. Except in 1995, appointments	380
shall be made not later than fifteen days after the commencement	381
of the first regular session of each general assembly. The	382
chairpersons of the standing committees with primary	383
responsibility for health legislation shall serve as	384
co-chairpersons of the committee.	385

Each member of the committee shall hold office during the	386
general assembly in which the member is appointed and until a	387
successor has been appointed, notwithstanding the adjournment sine	388
die of the general assembly in which the member was appointed or	389
the expiration of the member's term as a member of the general	390
assembly. Any vacancies occurring among the members of the	391
committee shall be filled in the manner of the original	392
appointment.	393

The committee shall meet at least quarterly and at the call	394
of the co-chairpersons. The co-chairpersons shall determine the	395
time, place, and agenda for each meeting of the committee.	396

The committee has the same powers as other standing or select	397
committees of the general assembly. The committee may request	398
assistance from the legislative service commission ~~and the~~	399
~~legislative budget office of the legislative service commission~~.	400

Sec. 107.12. (A) As used in this section, "organization"	401
means a faith-based or other organization that is exempt from	402
federal income taxation under section 501(c)(3) of the "Internal	403
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	404
and provides charitable services to needy residents of this	405
state.	406

(B) There is hereby established within the office of the	407
governor the governor's office of faith-based and community	408
initiatives. The office shall:	409

(1) Serve as a clearinghouse of information on federal,	410
state, and local funding for charitable services performed by	411
organizations;	412

(2) Encourage organizations to seek public funding for their	413
charitable services;	414

(3) Assist local, state, and federal agencies in	415
coordinating their activities to secure maximum use of funds and	416
efforts that benefit people receiving charitable services from	417
organizations;	418

(4) Advise the governor, general assembly, and the advisory	419
board of the governor's office of faith-based and community	420
initiatives on the barriers that exist to collaboration between	421
organizations and governmental entities and on ways to remove the	422
barriers.	423

(C) The governor shall appoint an executive director and	424
such other staff as may be necessary to manage the office and	425
perform or oversee the performance of the duties of the office.	426
Within sixty days after being appointed, and every twelve months	427
thereafter, the executive director shall distribute to the	428
advisory board and review with the board a strategic plan. The	429
executive director shall report to the board at least quarterly	430
on proposed initiatives and policies. A report shall include	431
the condition of the budget and the finances of the office.	432

(D)(1) There is hereby created the advisory board of the	433
governor's office of faith-based and community initiatives. The	434
board shall consist of the following members:	435

(a) The directors of aging, alcohol and drug addiction	436
services, rehabilitation and correction, health, job and family	437
services, ~~mental retardation and~~ developmental disabilities,	438
mental health, and youth services, or their designees;	439

(b) The speaker of the house of representatives shall appoint	440
to the board two members of the house of representatives, not more	441
than one of whom shall be from the same political party and at	442
least one of whom shall be from the legislative black caucus. The	443
president of the senate shall appoint to the board two members of	444
the senate, not more than one of whom shall be from the same	445
political party.	446

(c) The governor, the speaker of the house of	447
representatives, and the president of the senate shall each	448
appoint to the board three representatives of the nonprofit,	449
faith-based and other nonprofit community.	450

(2) Terms of the office shall be one year. Any vacancy that	451
occurs on the board shall be filled in the same manner as the	452
original appointment.	453

(3) Members of the board are not entitled to compensation,	454
but the members appointed by the governor, the speaker of the	455
house of representatives, and the president of the senate who are	456
representatives of the nonprofit, faith-based and other nonprofit	457
community shall be reimbursed for their actual and necessary	458
expenses that are incurred in relation to board meetings.	459

(4) The board shall be presided over by a chairperson and a	460
vice-chairperson, who shall be the members of the board who are	461
also members of the house of representatives or the senate.	462
Annually on the first day of January, the chairpersonship and	463
vice-chairpersonship shall alternate between the members of the	464
house of representatives and the senate.	465

(E) The board shall have the following duties:

466

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

467

(2) Assist in the dissemination of information about, and in	468
the stimulation of public awareness of, the service programs	469
supported by the office;	470

(3) Review the budget and finances of the office, proposed	471
initiatives and policies, and the executive director's annual	472
strategic plan at board meetings;	473

(4) Provide feedback for and proposed modifications of the	474
executive director's strategic plan. Within forty-five days after	475
submitting a strategic plan, the executive director shall contact	476
each advisory board member to obtain feedback. With the approval	477
of the advisory board chairperson, the executive director shall	478
lead a strategic plan discussion at the first board meeting	479
following the distribution of the strategic plan.	480

(5) Publish a report of its activities and accomplishments on	481
or before the first day of August of each year, and deliver	482
copies of the report to the governor, the speaker and minority	483
leader of the house of representatives, and the president and	484
minority leader of the senate.	485

(F) No member of the board or organization that the member is	486
affiliated or involved with is eligible to receive any grant that	487
the office administers or assists in administering.	488

Sec. 109.57. (A)(1) The superintendent of the bureau of	489
criminal identification and investigation shall procure from	490
wherever procurable and file for record photographs, pictures,	491
descriptions, fingerprints, measurements, and other information	492
that may be pertinent of all persons who have been convicted of	493
committing within this state a felony, any crime constituting a	494
misdemeanor on the first offense and a felony on subsequent	495
offenses, or any misdemeanor described in division (A)(1)(a),	496
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	497
of all children under eighteen years of age who have been	498
adjudicated delinquent children for committing within this state	499
an act that would be a felony or an offense of violence if	500
committed by an adult or who have been convicted of or pleaded	501
guilty to committing within this state a felony or an offense of	502
violence, and of all well-known and habitual criminals. The	503
person in charge of any county, multicounty, municipal,	504
municipal-county, or multicounty-municipal jail or workhouse,	505
community-based correctional facility, halfway house, alternative	506
residential facility, or state correctional institution and the	507
person in charge of any state institution having custody of a	508
person suspected of having committed a felony, any crime	509
constituting a misdemeanor on the first offense and a felony on	510
subsequent offenses, or any misdemeanor described in division	511
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	512
Revised Code or having custody of a child under eighteen years of	513
age with respect to whom there is probable cause to believe that	514
the child may have committed an act that would be a felony or an	515
offense of violence if committed by an adult shall furnish such	516
material to the superintendent of the bureau. Fingerprints,	517
photographs, or other descriptive information of a child who is	518
under eighteen years of age, has not been arrested or otherwise	519
taken into custody for committing an act that would be a felony	520
or an offense of violence who is not in any other category of	521
child specified in this division, if committed by an adult, has	522
not been adjudicated a delinquent child for committing an act	523
that would be a felony or an offense of violence if committed by	524
an adult, has not been convicted of or pleaded guilty to	525
committing a felony or an offense of violence, and is not a child	526
with respect to whom there is probable cause to believe that the	527
child may have committed an act that would be a felony or an	528
offense of violence if committed by an adult shall not be	529
procured by the superintendent or furnished by any person in	530
charge of any county, multicounty, municipal, municipal-county,	531
or multicounty-municipal jail or workhouse, community-based	532
correctional facility, halfway house, alternative residential	533
facility, or state correctional institution, except as authorized	534
in section 2151.313 of the Revised Code.	535

(2) Every clerk of a court of record in this state, other	536
than the supreme court or a court of appeals, shall send to the	537
superintendent of the bureau a weekly report containing a summary	538
of each case involving a felony, involving any crime constituting	539
a misdemeanor on the first offense and a felony on subsequent	540
offenses, involving a misdemeanor described in division (A)(1)(a),	541
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	542
or involving an adjudication in a case in which a child under	543
eighteen years of age was alleged to be a delinquent child for	544
committing an act that would be a felony or an offense of	545
violence if committed by an adult. The clerk of the court of	546
common pleas shall include in the report and summary the clerk	547
sends under this division all information described in divisions	548
(A)(2)(a) to (f) of this section regarding a case before the	549
court of appeals that is served by that clerk. The summary shall	550
be written on the standard forms furnished by the superintendent	551
pursuant to division (B) of this section and shall include the	552
following information:	553

(a) The incident tracking number contained on the standard	554
forms furnished by the superintendent pursuant to division (B) of	555
this section;	556

(b) The style and number of the case;

557

558

(d) The date that the person was convicted of or pleaded	559
guilty to the offense, adjudicated a delinquent child for	560
committing the act that would be a felony or an offense of	561
violence if committed by an adult, found not guilty of the	562
offense, or found not to be a delinquent child for committing an	563
act that would be a felony or an offense of violence if committed	564
by an adult, the date of an entry dismissing the charge, an entry	565
declaring a mistrial of the offense in which the person is	566
discharged, an entry finding that the person or child is not	567
competent to stand trial, or an entry of a nolle prosequi, or the	568
date of any other determination that constitutes final resolution	569
of the case;	570

(e) A statement of the original charge with the section of	571
the Revised Code that was alleged to be violated;	572

(f) If the person or child was convicted, pleaded guilty, or	573
was adjudicated a delinquent child, the sentence or terms of	574
probation imposed or any other disposition of the offender or the	575
delinquent child.	576

If the offense involved the disarming of a law enforcement	577
officer or an attempt to disarm a law enforcement officer, the	578
clerk shall clearly state that fact in the summary, and the	579
superintendent shall ensure that a clear statement of that fact is	580
placed in the bureau's records.	581

(3) The superintendent shall cooperate with and assist	582
sheriffs, chiefs of police, and other law enforcement officers in	583
the establishment of a complete system of criminal identification	584
and in obtaining fingerprints and other means of identification of	585
all persons arrested on a charge of a felony, any crime	586
constituting a misdemeanor on the first offense and a felony on	587
subsequent offenses, or a misdemeanor described in division	588
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	589
Revised Code and of all children under eighteen years of age	590
arrested or otherwise taken into custody for committing an act	591
that would be a felony or an offense of violence if committed by	592
an adult. The superintendent also shall file for record the	593
fingerprint impressions of all persons confined in a county,	594
multicounty, municipal, municipal-county, or multicounty-municipal	595
jail or workhouse, community-based correctional facility, halfway	596
house, alternative residential facility, or state correctional	597
institution for the violation of state laws and of all children	598
under eighteen years of age who are confined in a county,	599
multicounty, municipal, municipal-county, or multicounty-municipal	600
jail or workhouse, community-based correctional facility, halfway	601
house, alternative residential facility, or state correctional	602
institution or in any facility for delinquent children for	603
committing an act that would be a felony or an offense of violence	604
if committed by an adult, and any other information that the	605
superintendent may receive from law enforcement officials of the	606
state and its political subdivisions.	607

(4) The superintendent shall carry out Chapter 2950. of the	608
Revised Code with respect to the registration of persons who are	609
convicted of or plead guilty to a sexually oriented offense or a	610
child-victim oriented offense and with respect to all other duties	611
imposed on the bureau under that chapter.	612

(5) The bureau shall perform centralized recordkeeping	613
functions for criminal history records and services in this state	614
for purposes of the national crime prevention and privacy compact	615
set forth in section 109.571 of the Revised Code and is the	616
criminal history record repository as defined in that section for	617
purposes of that compact. The superintendent or the	618
superintendent's designee is the compact officer for purposes of	619
that compact and shall carry out the responsibilities of the	620
compact officer specified in that compact.	621

(B) The superintendent shall prepare and furnish to every	622
county, multicounty, municipal, municipal-county, or	623
multicounty-municipal jail or workhouse, community-based	624
correctional facility, halfway house, alternative residential	625
facility, or state correctional institution and to every clerk of	626
a court in this state specified in division (A)(2) of this section	627
standard forms for reporting the information required under	628
division (A) of this section. The standard forms that the	629
superintendent prepares pursuant to this division may be in a	630
tangible format, in an electronic format, or in both tangible	631
formats and electronic formats.	632

(C)(1) The superintendent may operate a center for	633
electronic, automated, or other data processing for the storage	634
and retrieval of information, data, and statistics pertaining to	635
criminals and to children under eighteen years of age who are	636
adjudicated delinquent children for committing an act that would	637
be a felony or an offense of violence if committed by an adult,	638
criminal activity, crime prevention, law enforcement, and criminal	639
justice, and may establish and operate a statewide communications	640
network to gather and disseminate information, data, and	641
statistics for the use of law enforcement agencies and for other	642
uses specified in this division. The superintendent may gather,	643
store, retrieve, and disseminate information, data, and statistics	644
that pertain to children who are under eighteen years of age and	645
that are gathered pursuant to sections 109.57 to 109.61 of the	646
Revised Code together with information, data, and statistics that	647
pertain to adults and that are gathered pursuant to those	648
sections.	649

(2) The superintendent or the superintendent's designee shall	650
gather information of the nature described in division (C)(1) of	651
this section that pertains to the offense and delinquency history	652
of a person who has been convicted of, pleaded guilty to, or been	653
adjudicated a delinquent child for committing a sexually oriented	654
offense or a child-victim oriented offense for inclusion in the	655
state registry of sex offenders and child-victim offenders	656
maintained pursuant to division (A)(1) of section 2950.13 of the	657
Revised Code and in the internet database operated pursuant to	658
division (A)(13) of that section and for possible inclusion in the	659
internet database operated pursuant to division (A)(11) of that	660
section.	661

(3) In addition to any other authorized use of information,	662
data, and statistics of the nature described in division (C)(1)	663
of this section, the superintendent or the superintendent's	664
designee may provide and exchange the information, data, and	665
statistics pursuant to the national crime prevention and privacy	666
compact as described in division (A)(5) of this section.	667

(D) The information and materials furnished to the	668
superintendent pursuant to division (A) of this section and	669
information and materials furnished to any board or person under	670
division (F) or (G) of this section are not public records under	671
section 149.43 of the Revised Code. The superintendent or the	672
superintendent's designee shall gather and retain information so	673
furnished under division (A) of this section that pertains to the	674
offense and delinquency history of a person who has been convicted	675
of, pleaded guilty to, or been adjudicated a delinquent child for	676
committing a sexually oriented offense or a child-victim oriented	677
offense for the purposes described in division (C)(2) of this	678
section.	679

(E) The attorney general shall adopt rules, in accordance	680
with Chapter 119. of the Revised Code, setting forth the procedure	681
by which a person may receive or release information gathered by	682
the superintendent pursuant to division (A) of this section. A	683
reasonable fee may be charged for this service. If a temporary	684
employment service submits a request for a determination of	685
whether a person the service plans to refer to an employment	686
position has been convicted of or pleaded guilty to an offense	687
listed in division (A)(1), (3), (4), (5), or (6) of section	688
109.572 of the Revised Code, the request shall be treated as a	689
single request and only one fee shall be charged.	690

(F)(1) As used in division (F)(2) of this section, "head	691
start agency" means an entity in this state that has been approved	692
to be an agency for purposes of subchapter II of the "Community	693
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	694
as amended.	695

(2)(a) In addition to or in conjunction with any request that	696
is required to be made under section 109.572, 2151.86, 3301.32,	697
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	698
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	699
Code or that is made under section 3314.41, 3319.392, or 3326.25	700
of the Revised Code, the board of education of any school	701
district; the director of ~~mental retardation and~~ developmental	702
disabilities; any county board of ~~mental retardation and~~	703
developmental disabilities; any entity under contract with a	704
county board of ~~mental retardation and~~ developmental	705
disabilities; the chief administrator of any chartered nonpublic	706
school; the chief administrator of any home health agency; the	707
chief administrator of or person operating any child day-care	708
center, type A family day-care home, or type B family day-care	709
home licensed or certified under Chapter 5104. of the Revised	710
Code; the administrator of any type C family day-care home	711
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	712
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	713
general assembly; the chief administrator of any head start	714
agency; the executive director of a public children services	715
agency; a private company described in section 3314.41, 3319.392,	716
or 3326.25 of the Revised Code; or an employer described in	717
division (J)(2) of section 3327.10 of the Revised Code may	718
request that the superintendent of the bureau investigate and	719
determine, with respect to any individual who has applied for	720
employment in any position after October 2, 1989, or any	721
individual wishing to apply for employment with a board of	722
education may request, with regard to the individual, whether the	723
bureau has any information gathered under division (A) of this	724
section that pertains to that individual. On receipt of the	725
request, the superintendent shall determine whether that	726
information exists and, upon request of the person, board, or	727
entity requesting information, also shall request from the	728
federal bureau of investigation any criminal records it has	729
pertaining to that individual. The superintendent or the	730
superintendent's designee also may request criminal history	731
records from other states or the federal government pursuant to	732
the national crime prevention and privacy compact set forth in	733
section 109.571 of the Revised Code. Within thirty days of the	734
date that the superintendent receives a request, the	735
superintendent shall send to the board, entity, or person a	736
report of any information that the superintendent determines	737
exists, including information contained in records that have been	738
sealed under section 2953.32 of the Revised Code, and, within	739
thirty days of its receipt, shall send the board, entity, or	740
person a report of any information received from the federal	741
bureau of investigation, other than information the dissemination	742
of which is prohibited by federal law.	743

(b) When a board of education is required to receive	744
information under this section as a prerequisite to employment of	745
an individual pursuant to section 3319.39 of the Revised Code, it	746
may accept a certified copy of records that were issued by the	747
bureau of criminal identification and investigation and that are	748
presented by an individual applying for employment with the	749
district in lieu of requesting that information itself. In such a	750
case, the board shall accept the certified copy issued by the	751
bureau in order to make a photocopy of it for that individual's	752
employment application documents and shall return the certified	753
copy to the individual. In a case of that nature, a district only	754
shall accept a certified copy of records of that nature within one	755
year after the date of their issuance by the bureau.	756

(3) The state board of education may request, with respect to	757
any individual who has applied for employment after October 2,	758
1989, in any position with the state board or the department of	759
education, any information that a school district board of	760
education is authorized to request under division (F)(2) of this	761
section, and the superintendent of the bureau shall proceed as if	762
the request has been received from a school district board of	763
education under division (F)(2) of this section.	764

(4) When the superintendent of the bureau receives a request	765
for information under section 3319.291 of the Revised Code, the	766
superintendent shall proceed as if the request has been received	767
from a school district board of education under division (F)(2) of	768
this section.	769

(5) When a recipient of a classroom reading improvement grant	770
paid under section 3301.86 of the Revised Code requests, with	771
respect to any individual who applies to participate in providing	772
any program or service funded in whole or in part by the grant,	773
the information that a school district board of education is	774
authorized to request under division (F)(2)(a) of this section,	775
the superintendent of the bureau shall proceed as if the request	776
has been received from a school district board of education under	777
division (F)(2)(a) of this section.	778

(G) In addition to or in conjunction with any request that is	779
required to be made under section 3701.881, 3712.09, 3721.121, or	780
3722.151 of the Revised Code with respect to an individual who has	781
applied for employment in a position that involves providing	782
direct care to an older adult, the chief administrator of a home	783
health agency, hospice care program, home licensed under Chapter	784
3721. of the Revised Code, adult day-care program operated	785
pursuant to rules adopted under section 3721.04 of the Revised	786
Code, or adult care facility may request that the superintendent	787
of the bureau investigate and determine, with respect to any	788
individual who has applied after January 27, 1997, for employment	789
in a position that does not involve providing direct care to an	790
older adult, whether the bureau has any information gathered under	791
division (A) of this section that pertains to that individual.	792

In addition to or in conjunction with any request that is	793
required to be made under section 173.27 of the Revised Code with	794
respect to an individual who has applied for employment in a	795
position that involves providing ombudsperson services to	796
residents of long-term care facilities or recipients of	797
community-based long-term care services, the state long-term care	798
ombudsperson, ombudsperson's designee, or director of health may	799
request that the superintendent investigate and determine, with	800
respect to any individual who has applied for employment in a	801
position that does not involve providing such ombudsperson	802
services, whether the bureau has any information gathered under	803
division (A) of this section that pertains to that applicant.	804

In addition to or in conjunction with any request that is	805
required to be made under section 173.394 of the Revised Code with	806
respect to an individual who has applied for employment in a	807
position that involves providing direct care to an individual, the	808
chief administrator of a community-based long-term care agency may	809
request that the superintendent investigate and determine, with	810
respect to any individual who has applied for employment in a	811
position that does not involve providing direct care, whether the	812
bureau has any information gathered under division (A) of this	813
section that pertains to that applicant.	814

On receipt of a request under this division, the	815
superintendent shall determine whether that information exists	816
and, on request of the individual requesting information, shall	817
also request from the federal bureau of investigation any criminal	818
records it has pertaining to the applicant. The superintendent or	819
the superintendent's designee also may request criminal history	820
records from other states or the federal government pursuant to	821
the national crime prevention and privacy compact set forth in	822
section 109.571 of the Revised Code. Within thirty days of the	823
date a request is received, the superintendent shall send to the	824
requester a report of any information determined to exist,	825
including information contained in records that have been sealed	826
under section 2953.32 of the Revised Code, and, within thirty days	827
of its receipt, shall send the requester a report of any	828
information received from the federal bureau of investigation,	829
other than information the dissemination of which is prohibited by	830
federal law.	831

(H) Information obtained by a government entity or person	832
under this section is confidential and shall not be released or	833
disseminated.	834

(I) The superintendent may charge a reasonable fee for	835
providing information or criminal records under division (F)(2) or	836
(G) of this section.	837

(J) As used in this section, "sexually oriented offense" and	838
"child-victim oriented offense" have the same meanings as in	839
section 2950.01 of the Revised Code.	840

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	841
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	842
Code, a completed form prescribed pursuant to division (C)(1) of	843
this section, and a set of fingerprint impressions obtained in	844
the manner described in division (C)(2) of this section, the	845
superintendent of the bureau of criminal identification and	846
investigation shall conduct a criminal records check in the	847
manner described in division (B) of this section to determine	848
whether any information exists that indicates that the person who	849
is the subject of the request previously has been convicted of or	850
pleaded guilty to any of the following:	851

(a) A violation of section 2903.01, 2903.02, 2903.03,	852
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	853
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	854
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	855
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	856
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	857
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	858
2925.06, or 3716.11 of the Revised Code, felonious sexual	859
penetration in violation of former section 2907.12 of the Revised	860
Code, a violation of section 2905.04 of the Revised Code as it	861
existed prior to July 1, 1996, a violation of section 2919.23 of	862
the Revised Code that would have been a violation of section	863
2905.04 of the Revised Code as it existed prior to July 1, 1996,	864
had the violation been committed prior to that date, or a	865
violation of section 2925.11 of the Revised Code that is not a	866
minor drug possession offense;	867

(b) A violation of an existing or former law of this state,	868
any other state, or the United States that is substantially	869
equivalent to any of the offenses listed in division (A)(1)(a) of	870
this section.	871

(2) On receipt of a request pursuant to section 5123.081 of	872
the Revised Code with respect to an applicant for employment in	873
any position with the department of ~~mental retardation and~~	874
developmental disabilities, pursuant to section 5126.28 of the	875
Revised Code with respect to an applicant for employment in any	876
position with a county board of ~~mental retardation and~~	877
developmental disabilities, or pursuant to section 5126.281 of the	878
Revised Code with respect to an applicant for employment in a	879
direct services position with an entity contracting with a county	880
board for employment, a completed form prescribed pursuant to	881
division (C)(1) of this section, and a set of fingerprint	882
impressions obtained in the manner described in division (C)(2) of	883
this section, the superintendent of the bureau of criminal	884
identification and investigation shall conduct a criminal records	885
check. The superintendent shall conduct the criminal records check	886
in the manner described in division (B) of this section to	887
determine whether any information exists that indicates that the	888
person who is the subject of the request has been convicted of or	889
pleaded guilty to any of the following:	890

(a) A violation of section 2903.01, 2903.02, 2903.03,	891
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	892
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	893
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	894
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	895
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	896
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	897
2925.03, or 3716.11 of the Revised Code;	898

(b) An existing or former municipal ordinance or law of this	899
state, any other state, or the United States that is substantially	900
equivalent to any of the offenses listed in division (A)(2)(a) of	901
this section.	902

(3) On receipt of a request pursuant to section 173.27,	903
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	904
completed form prescribed pursuant to division (C)(1) of this	905
section, and a set of fingerprint impressions obtained in the	906
manner described in division (C)(2) of this section, the	907
superintendent of the bureau of criminal identification and	908
investigation shall conduct a criminal records check with respect	909
to any person who has applied for employment in a position for	910
which a criminal records check is required by those sections. The	911
superintendent shall conduct the criminal records check in the	912
manner described in division (B) of this section to determine	913
whether any information exists that indicates that the person who	914
is the subject of the request previously has been convicted of or	915
pleaded guilty to any of the following:	916

(a) A violation of section 2903.01, 2903.02, 2903.03,	917
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	918
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	919
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	920
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	921
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	922
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	923
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	924
2925.22, 2925.23, or 3716.11 of the Revised Code;	925

(b) An existing or former law of this state, any other state,	926
or the United States that is substantially equivalent to any of	927
the offenses listed in division (A)(3)(a) of this section.	928

(4) On receipt of a request pursuant to section 3701.881 of	929
the Revised Code with respect to an applicant for employment with	930
a home health agency as a person responsible for the care,	931
custody, or control of a child, a completed form prescribed	932
pursuant to division (C)(1) of this section, and a set of	933
fingerprint impressions obtained in the manner described in	934
division (C)(2) of this section, the superintendent of the bureau	935
of criminal identification and investigation shall conduct a	936
criminal records check. The superintendent shall conduct the	937
criminal records check in the manner described in division (B) of	938
this section to determine whether any information exists that	939
indicates that the person who is the subject of the request	940
previously has been convicted of or pleaded guilty to any of the	941
following:	942

(a) A violation of section 2903.01, 2903.02, 2903.03,	943
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	944
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	945
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	946
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	947
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	948
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	949
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	950
violation of section 2925.11 of the Revised Code that is not a	951
minor drug possession offense;	952

(b) An existing or former law of this state, any other state,	953
or the United States that is substantially equivalent to any of	954
the offenses listed in division (A)(4)(a) of this section.	955

(5) On receipt of a request pursuant to section 5111.032,	956
5111.033, or 5111.034 of the Revised Code, a completed form	957
prescribed pursuant to division (C)(1) of this section, and a set	958
of fingerprint impressions obtained in the manner described in	959
division (C)(2) of this section, the superintendent of the bureau	960
of criminal identification and investigation shall conduct a	961
criminal records check. The superintendent shall conduct the	962
criminal records check in the manner described in division (B) of	963
this section to determine whether any information exists that	964
indicates that the person who is the subject of the request	965
previously has been convicted of, has pleaded guilty to, or has	966
been found eligible for intervention in lieu of conviction for	967
any of the following:	968

(a) A violation of section 2903.01, 2903.02, 2903.03,	969
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	970
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	971
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	972
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	973
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	974
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	975
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	976
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	977
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	978
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	979
3716.11 of the Revised Code, felonious sexual penetration in	980
violation of former section 2907.12 of the Revised Code, a	981
violation of section 2905.04 of the Revised Code as it existed	982
prior to July 1, 1996, a violation of section 2919.23 of the	983
Revised Code that would have been a violation of section 2905.04	984
of the Revised Code as it existed prior to July 1, 1996, had the	985
violation been committed prior to that date;	986

(b) An existing or former law of this state, any other state,	987
or the United States that is substantially equivalent to any of	988
the offenses listed in division (A)(5)(a) of this section.	989

(6) On receipt of a request pursuant to section 3701.881 of	990
the Revised Code with respect to an applicant for employment with	991
a home health agency in a position that involves providing direct	992
care to an older adult, a completed form prescribed pursuant to	993
division (C)(1) of this section, and a set of fingerprint	994
impressions obtained in the manner described in division (C)(2) of	995
this section, the superintendent of the bureau of criminal	996
identification and investigation shall conduct a criminal records	997
check. The superintendent shall conduct the criminal records check	998
in the manner described in division (B) of this section to	999
determine whether any information exists that indicates that the	1000
person who is the subject of the request previously has been	1001
convicted of or pleaded guilty to any of the following:	1002

(a) A violation of section 2903.01, 2903.02, 2903.03,	1003
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1004
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1005
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1006
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1007
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1008
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1009
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1010
2925.22, 2925.23, or 3716.11 of the Revised Code;	1011

(b) An existing or former law of this state, any other state,	1012
or the United States that is substantially equivalent to any of	1013
the offenses listed in division (A)(6)(a) of this section.	1014

(7) When conducting a criminal records check upon a request	1015
pursuant to section 3319.39 of the Revised Code for an applicant	1016
who is a teacher, in addition to the determination made under	1017
division (A)(1) of this section, the superintendent shall	1018
determine whether any information exists that indicates that the	1019
person who is the subject of the request previously has been	1020
convicted of or pleaded guilty to any offense specified in section	1021
3319.31 of the Revised Code.	1022

(8) On receipt of a request pursuant to section 2151.86 of	1023
the Revised Code, a completed form prescribed pursuant to	1024
division (C)(1) of this section, and a set of fingerprint	1025
impressions obtained in the manner described in division (C)(2)	1026
of this section, the superintendent of the bureau of criminal	1027
identification and investigation shall conduct a criminal records	1028
check in the manner described in division (B) of this section to	1029
determine whether any information exists that indicates that the	1030
person who is the subject of the request previously has been	1031
convicted of or pleaded guilty to any of the following:	1032

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1033
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1034
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1035
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1036
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1037
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1038
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1039
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1040
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1041
of the Revised Code, a violation of section 2905.04 of the	1042
Revised Code as it existed prior to July 1, 1996, a violation of	1043
section 2919.23 of the Revised Code that would have been a	1044
violation of section 2905.04 of the Revised Code as it existed	1045
prior to July 1, 1996, had the violation been committed prior to	1046
that date, a violation of section 2925.11 of the Revised Code	1047
that is not a minor drug possession offense, two or more OVI or	1048
OVUAC violations committed within the three years immediately	1049
preceding the submission of the application or petition that is	1050
the basis of the request, or felonious sexual penetration in	1051
violation of former section 2907.12 of the Revised Code;	1052

(b) A violation of an existing or former law of this state,	1053
any other state, or the United States that is substantially	1054
equivalent to any of the offenses listed in division (A)(8)(a) of	1055
this section.	1056

(9) Upon receipt of a request pursuant to section 5104.012	1057
or 5104.013 of the Revised Code, a completed form prescribed	1058
pursuant to division (C)(1) of this section, and a set of	1059
fingerprint impressions obtained in the manner described in	1060
division (C)(2) of this section, the superintendent of the bureau	1061
of criminal identification and investigation shall conduct a	1062
criminal records check in the manner described in division (B) of	1063
this section to determine whether any information exists that	1064
indicates that the person who is the subject of the request has	1065
been convicted of or pleaded guilty to any of the following:	1066

(a) A violation of section 2903.01, 2903.02, 2903.03,	1067
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1068
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1069
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1070
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1071
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1072
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1073
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1074
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1075
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1076
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1077
3716.11 of the Revised Code, felonious sexual penetration in	1078
violation of former section 2907.12 of the Revised Code, a	1079
violation of section 2905.04 of the Revised Code as it existed	1080
prior to July 1, 1996, a violation of section 2919.23 of the	1081
Revised Code that would have been a violation of section 2905.04	1082
of the Revised Code as it existed prior to July 1, 1996, had the	1083
violation been committed prior to that date, a violation of	1084
section 2925.11 of the Revised Code that is not a minor drug	1085
possession offense, a violation of section 2923.02 or 2923.03 of	1086
the Revised Code that relates to a crime specified in this	1087
division, or a second violation of section 4511.19 of the	1088
Revised Code within five years of the date of application for	1089
licensure or certification.	1090

(b) A violation of an existing or former law of this state,	1091
any other state, or the United States that is substantially	1092
equivalent to any of the offenses or violations described in	1093
division (A)(9)(a) of this section.	1094

(10) Upon receipt of a request pursuant to section 5153.111	1095
of the Revised Code, a completed form prescribed pursuant to	1096
division (C)(1) of this section, and a set of fingerprint	1097
impressions obtained in the manner described in division (C)(2) of	1098
this section, the superintendent of the bureau of criminal	1099
identification and investigation shall conduct a criminal records	1100
check in the manner described in division (B) of this section to	1101
determine whether any information exists that indicates that the	1102
person who is the subject of the request previously has been	1103
convicted of or pleaded guilty to any of the following:	1104

(a) A violation of section 2903.01, 2903.02, 2903.03,	1105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1106
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1107
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1108
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1109
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1110
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1111
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1112
felonious sexual penetration in violation of former section	1113
2907.12 of the Revised Code, a violation of section 2905.04 of the	1114
Revised Code as it existed prior to July 1, 1996, a violation of	1115
section 2919.23 of the Revised Code that would have been a	1116
violation of section 2905.04 of the Revised Code as it existed	1117
prior to July 1, 1996, had the violation been committed prior to	1118
that date, or a violation of section 2925.11 of the Revised Code	1119
that is not a minor drug possession offense;	1120

(b) A violation of an existing or former law of this state,	1121
any other state, or the United States that is substantially	1122
equivalent to any of the offenses listed in division (A)(10)(a) of	1123
this section.	1124

(11) On receipt of a request for a criminal records check	1125
from an individual pursuant to section 4749.03 or 4749.06 of the	1126
Revised Code, accompanied by a completed copy of the form	1127
prescribed in division (C)(1) of this section and a set of	1128
fingerprint impressions obtained in a manner described in division	1129
(C)(2) of this section, the superintendent of the bureau of	1130
criminal identification and investigation shall conduct a criminal	1131
records check in the manner described in division (B) of this	1132
section to determine whether any information exists indicating	1133
that the person who is the subject of the request has been	1134
convicted of or pleaded guilty to a felony in this state or in any	1135
other state. If the individual indicates that a firearm will be	1136
carried in the course of business, the superintendent shall	1137
require information from the federal bureau of investigation as	1138
described in division (B)(2) of this section. The superintendent	1139
shall report the findings of the criminal records check and any	1140
information the federal bureau of investigation provides to the	1141
director of public safety.	1142

(12) On receipt of a request pursuant to section 1321.37,	1143
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	1144
form prescribed pursuant to division (C)(1) of this section, and	1145
a set of fingerprint impressions obtained in the manner described	1146
in division (C)(2) of this section, the superintendent of the	1147
bureau of criminal identification and investigation shall conduct	1148
a criminal records check with respect to any person who has	1149
applied for a license, permit, or certification from the	1150
department of commerce or a division in the department. The	1151
superintendent shall conduct the criminal records check in the	1152
manner described in division (B) of this section to determine	1153
whether any information exists that indicates that the person who	1154
is the subject of the request previously has been convicted of or	1155
pleaded guilty to any of the following: a violation of section	1156
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	1157
Code; any other criminal offense involving theft, receiving	1158
stolen property, embezzlement, forgery, fraud, passing bad	1159
checks, money laundering, or drug trafficking, or any criminal	1160
offense involving money or securities, as set forth in Chapters	1161
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	1162
Revised Code; or any existing or former law of this state, any	1163
other state, or the United States that is substantially	1164
equivalent to those offenses.	1165

(13) On receipt of a request for a criminal records check	1166
from the treasurer of state under section 113.041 of the Revised	1167
Code or from an individual under section 4701.08, 4715.101,	1168
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1169
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1170
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1171
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1172
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	1173
by a completed form prescribed under division (C)(1) of this	1174
section and a set of fingerprint impressions obtained in the	1175
manner described in division (C)(2) of this section, the	1176
superintendent of the bureau of criminal identification and	1177
investigation shall conduct a criminal records check in the	1178
manner described in division (B) of this section to determine	1179
whether any information exists that indicates that the person who	1180
is the subject of the request has been convicted of or pleaded	1181
guilty to any criminal offense in this state or any other state.	1182
The superintendent shall send the results of a check requested	1183
under section 113.041 of the Revised Code to the treasurer of	1184
state and shall send the results of a check requested under any of	1185
the other listed sections to the licensing board specified by the	1186
individual in the request.	1187

(14) On receipt of a request pursuant to section 1121.23,	1188
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1189
Code, a completed form prescribed pursuant to division (C)(1) of	1190
this section, and a set of fingerprint impressions obtained in the	1191
manner described in division (C)(2) of this section, the	1192
superintendent of the bureau of criminal identification and	1193
investigation shall conduct a criminal records check in the manner	1194
described in division (B) of this section to determine whether any	1195
information exists that indicates that the person who is the	1196
subject of the request previously has been convicted of or pleaded	1197
guilty to any criminal offense under any existing or former law of	1198
this state, any other state, or the United States.	1199

(15) Not later than thirty days after the date the	1200
superintendent receives a request of a type described in division	1201
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	1202
(12), or (14) of this section, the completed form, and the	1203
fingerprint impressions, the superintendent shall send the	1204
person, board, or entity that made the request any information,	1205
other than information the dissemination of which is prohibited	1206
by federal law, the superintendent determines exists with respect	1207
to the person who is the subject of the request that indicates	1208
that the person previously has been convicted of or pleaded	1209
guilty to any offense listed or described in division (A)(1),	1210
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	1211
(14) of this section, as appropriate. The superintendent shall	1212
send the person, board, or entity that made the request a copy of	1213
the list of offenses specified in division (A)(1), (2), (3), (4),	1214
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	1215
section, as appropriate. If the request was made under section	1216
3701.881 of the Revised Code with regard to an applicant who may	1217
be both responsible for the care, custody, or control of a child	1218
and involved in providing direct care to an older adult, the	1219
superintendent shall provide a list of the offenses specified in	1220
divisions (A)(4) and (6) of this section.	1221

Not later than thirty days after the superintendent receives	1222
a request for a criminal records check pursuant to section 113.041	1223
of the Revised Code, the completed form, and the fingerprint	1224
impressions, the superintendent shall send the treasurer of state	1225
any information, other than information the dissemination of which	1226
is prohibited by federal law, the superintendent determines exist	1227
with respect to the person who is the subject of the request that	1228
indicates that the person previously has been convicted of or	1229
pleaded guilty to any criminal offense in this state or any other	1230
state.	1231

(B) The superintendent shall conduct any criminal records	1232
check requested under section 113.041, 121.08, 173.27, 173.394,	1233
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	1234
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1235
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	1236
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	1237
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	1238
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	1239
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1240
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	1241
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1242
5153.111 of the Revised Code as follows:	1243

(1) The superintendent shall review or cause to be reviewed	1244
any relevant information gathered and compiled by the bureau under	1245
division (A) of section 109.57 of the Revised Code that relates to	1246
the person who is the subject of the request, including, if the	1247
criminal records check was requested under section 113.041,	1248
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1249
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1250
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1251
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	1252
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	1253
the Revised Code, any relevant information contained in records	1254
that have been sealed under section 2953.32 of the Revised Code;	1255

(2) If the request received by the superintendent asks for	1256
information from the federal bureau of investigation, the	1257
superintendent shall request from the federal bureau of	1258
investigation any information it has with respect to the person	1259
who is the subject of the request, including fingerprint-based	1260
checks of national crime information databases as described in 42	1261
U.S.C. 671 if the request is made pursuant to section 2151.86,	1262
5104.012, or 5104.013 of the Revised Code or if any other Revised	1263
Code section requires fingerprint-based checks of that nature, and	1264
shall review or cause to be reviewed any information the	1265
superintendent receives from that bureau.	1266

(3) The superintendent or the superintendent's designee may	1267
request criminal history records from other states or the federal	1268
government pursuant to the national crime prevention and privacy	1269
compact set forth in section 109.571 of the Revised Code.	1270

(C)(1) The superintendent shall prescribe a form to obtain	1271
the information necessary to conduct a criminal records check from	1272
any person for whom a criminal records check is requested under	1273
section 113.041 of the Revised Code or required by section	1274
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1275
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1276
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	1277
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1278
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1279
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1280
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1281
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	1282
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	1283
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	1284
that the superintendent prescribes pursuant to this division may	1285
be in a tangible format, in an electronic format, or in both	1286
tangible and electronic formats.	1287

(2) The superintendent shall prescribe standard impression	1288
sheets to obtain the fingerprint impressions of any person for	1289
whom a criminal records check is requested under section 113.041	1290
of the Revised Code or required by section 121.08, 173.27,	1291
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	1292
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1293
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	1294
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	1295
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	1296
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	1297
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1298
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1299
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1300
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1301
records check is requested under or required by any of those	1302
sections shall obtain the fingerprint impressions at a county	1303
sheriff's office, municipal police department, or any other	1304
entity with the ability to make fingerprint impressions on the	1305
standard impression sheets prescribed by the superintendent. The	1306
office, department, or entity may charge the person a reasonable	1307
fee for making the impressions. The standard impression sheets the	1308
superintendent prescribes pursuant to this division may be in a	1309
tangible format, in an electronic format, or in both tangible and	1310
electronic formats.	1311

(3) Subject to division (D) of this section, the	1312
superintendent shall prescribe and charge a reasonable fee for	1313
providing a criminal records check requested under section	1314
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1315
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1316
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1317
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1318
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1319
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1320
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1321
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	1322
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	1323
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1324
Revised Code. The person making a criminal records request	1325
under any of those sections shall pay the fee prescribed	1326
pursuant to this division. A person making a request under	1327
section 3701.881 of the Revised Code for a criminal records	1328
check for an applicant who may be both responsible for the care,	1329
custody, or control of a child and involved in providing direct	1330
care to an older adult shall pay one fee for the request. In the	1331
case of a request under section 1121.23, 1155.03, 1163.05,	1332
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	1333
the fee shall be paid in the manner specified in that section.	1334

(4) The superintendent of the bureau of criminal	1335
identification and investigation may prescribe methods of	1336
forwarding fingerprint impressions and information necessary to	1337
conduct a criminal records check, which methods shall include, but	1338
not be limited to, an electronic method.	1339

(D) A determination whether any information exists that	1340
indicates that a person previously has been convicted of or	1341
pleaded guilty to any offense listed or described in division	1342
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1343
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1344
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1345
this section, or that indicates that a person previously has	1346
been convicted of or pleaded guilty to any criminal offense in	1347
this state or any other state regarding a criminal records check	1348
of a type described in division (A)(13) of this section, and	1349
that is made by the superintendent with respect to information	1350
considered in a criminal records check in accordance with this	1351
section is valid for the person who is the subject of the	1352
criminal records check for a period of one year from the date	1353
upon which the superintendent makes the determination. During the	1354
period in which the determination in regard to a person is valid,	1355
if another request under this section is made for a criminal	1356
records check for that person, the superintendent shall provide	1357
the information that is the basis for the superintendent's	1358
initial determination at a lower fee than the fee prescribed for	1359
the initial criminal records check.	1360

(E) As used in this section:

1361

(1) "Criminal records check" means any criminal records check	1362
conducted by the superintendent of the bureau of criminal	1363
identification and investigation in accordance with division (B)	1364
of this section.	1365

(2) "Minor drug possession offense" has the same meaning as	1366
in section 2925.01 of the Revised Code.	1367

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

1368

(4) "OVI or OVUAC violation" means a violation of section	1369
4511.19 of the Revised Code or a violation of an existing or	1370
former law of this state, any other state, or the United States	1371
that is substantially equivalent to section 4511.19 of the Revised	1372
Code.	1373

Sec. 109.71. There is hereby created in the office of the	1374
attorney general the Ohio peace officer training commission. The	1375
commission shall consist of nine members appointed by the governor	1376
with the advice and consent of the senate and selected as follows:	1377
one member representing the public; two members who are incumbent	1378
sheriffs; two members who are incumbent chiefs of police; one	1379
member from the bureau of criminal identification and	1380
investigation; one member from the state highway patrol; one	1381
member who is the special agent in charge of a field office of the	1382
federal bureau of investigation in this state; and one member from	1383
the department of education, trade and industrial education	1384
services, law enforcement training.	1385

This section does not confer any arrest authority or any	1386
ability or authority to detain a person, write or issue any	1387
citation, or provide any disposition alternative, as granted under	1388
Chapter 2935. of the Revised Code.	1389

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

1390

(A) "Peace officer" means:

1391

(1) A deputy sheriff, marshal, deputy marshal, member of the	1392
organized police department of a township or municipal	1393
corporation, member of a township police district or joint	1394
township police district police force, member of a police force	1395
employed by a metropolitan housing authority under division (D) of	1396
section 3735.31 of the Revised Code, or township constable, who is	1397
commissioned and employed as a peace officer by a political	1398
subdivision of this state or by a metropolitan housing authority,	1399
and whose primary duties are to preserve the peace, to protect	1400
life and property, and to enforce the laws of this state,	1401
ordinances of a municipal corporation, resolutions of a township,	1402
or regulations of a board of county commissioners or board of	1403
township trustees, or any of those laws, ordinances, resolutions,	1404
or regulations;	1405

(2) A police officer who is employed by a railroad company	1406
and appointed and commissioned by the secretary of state pursuant	1407
to sections 4973.17 to 4973.22 of the Revised Code;	1408

(3) Employees of the department of taxation engaged in the	1409
enforcement of Chapter 5743. of the Revised Code and designated by	1410
the tax commissioner for peace officer training for purposes of	1411
the delegation of investigation powers under section 5743.45 of	1412
the Revised Code;	1413

(4) An undercover drug agent;

1414

(5) Enforcement agents of the department of public safety	1415
whom the director of public safety designates under section	1416
5502.14 of the Revised Code;	1417

(6) An employee of the department of natural resources who is	1418
a natural resources law enforcement staff officer designated	1419
pursuant to section 1501.013, a park officer designated pursuant	1420
to section 1541.10, a forest officer designated pursuant to	1421
section 1503.29, a preserve officer designated pursuant to section	1422
1517.10, a wildlife officer designated pursuant to section	1423
1531.13, or a state watercraft officer designated pursuant to	1424
section 1547.521 of the Revised Code;	1425

(7) An employee of a park district who is designated pursuant	1426
to section 511.232 or 1545.13 of the Revised Code;	1427

(8) An employee of a conservancy district who is designated	1428
pursuant to section 6101.75 of the Revised Code;	1429

(9) A police officer who is employed by a hospital that	1430
employs and maintains its own proprietary police department or	1431
security department, and who is appointed and commissioned by the	1432
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1433
Revised Code;	1434

(10) Veterans' homes police officers designated under section	1435
5907.02 of the Revised Code;	1436

(11) A police officer who is employed by a qualified	1437
nonprofit corporation police department pursuant to section	1438
1702.80 of the Revised Code;	1439

(12) A state university law enforcement officer appointed	1440
under section 3345.04 of the Revised Code or a person serving as a	1441
state university law enforcement officer on a permanent basis on	1442
June 19, 1978, who has been awarded a certificate by the executive	1443
director of the Ohio peace officer training commission attesting	1444
to the person's satisfactory completion of an approved state,	1445
county, municipal, or department of natural resources peace	1446
officer basic training program;	1447

(13) A special police officer employed by the department of	1448
mental health pursuant to section 5119.14 of the Revised Code or	1449
the department of ~~mental retardation and~~ developmental	1450
disabilities pursuant to section 5123.13 of the Revised Code;	1451

(14) A member of a campus police department appointed under	1452
section 1713.50 of the Revised Code;	1453

(15) A member of a police force employed by a regional	1454
transit authority under division (Y) of section 306.35 of the	1455
Revised Code;	1456

(16) Investigators appointed by the auditor of state pursuant	1457
to section 117.091 of the Revised Code and engaged in the	1458
enforcement of Chapter 117. of the Revised Code;	1459

(17) A special police officer designated by the	1460
superintendent of the state highway patrol pursuant to section	1461
5503.09 of the Revised Code or a person who was serving as a	1462
special police officer pursuant to that section on a permanent	1463
basis on October 21, 1997, and who has been awarded a certificate	1464
by the executive director of the Ohio peace officer training	1465
commission attesting to the person's satisfactory completion of an	1466
approved state, county, municipal, or department of natural	1467
resources peace officer basic training program;	1468

(18) A special police officer employed by a port authority	1469
under section 4582.04 or 4582.28 of the Revised Code or a person	1470
serving as a special police officer employed by a port authority	1471
on a permanent basis on May 17, 2000, who has been awarded a	1472
certificate by the executive director of the Ohio peace officer	1473
training commission attesting to the person's satisfactory	1474
completion of an approved state, county, municipal, or department	1475
of natural resources peace officer basic training program;	1476

(19) A special police officer employed by a municipal	1477
corporation who has been awarded a certificate by the executive	1478
director of the Ohio peace officer training commission for	1479
satisfactory completion of an approved peace officer basic	1480
training program and who is employed on a permanent basis on or	1481
after March 19, 2003, at a municipal airport, or other municipal	1482
air navigation facility, that has scheduled operations, as defined	1483
in section 119.3 of Title 14 of the Code of Federal Regulations,	1484
14 C.F.R. 119.3, as amended, and that is required to be under a	1485
security program and is governed by aviation security rules of the	1486
transportation security administration of the United States	1487
department of transportation as provided in Parts 1542. and 1544.	1488
of Title 49 of the Code of Federal Regulations, as amended;	1489

(20) A police officer who is employed by an owner or operator	1490
of an amusement park that has an average yearly attendance in	1491
excess of six hundred thousand guests and that employs and	1492
maintains its own proprietary police department or security	1493
department, and who is appointed and commissioned by a judge of	1494
the appropriate municipal court or county court pursuant to	1495
section 4973.17 of the Revised Code;	1496

(21) A police officer who is employed by a bank, savings and	1497
loan association, savings bank, credit union, or association of	1498
banks, savings and loan associations, savings banks, or credit	1499
unions, who has been appointed and commissioned by the secretary	1500
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1501
Code, and who has been awarded a certificate by the executive	1502
director of the Ohio peace officer training commission attesting	1503
to the person's satisfactory completion of a state, county,	1504
municipal, or department of natural resources peace officer basic	1505
training program;	1506

(22) An investigator, as defined in section 109.541 of the	1507
Revised Code, of the bureau of criminal identification and	1508
investigation who is commissioned by the superintendent of the	1509
bureau as a special agent for the purpose of assisting law	1510
enforcement officers or providing emergency assistance to peace	1511
officers pursuant to authority granted under that section;	1512

(23) A state fire marshal law enforcement officer appointed	1513
under section 3737.22 of the Revised Code or a person serving as a	1514
state fire marshal law enforcement officer on a permanent basis on	1515
or after July 1, 1982, who has been awarded a certificate by the	1516
executive director of the Ohio peace officer training commission	1517
attesting to the person's satisfactory completion of an approved	1518
state, county, municipal, or department of natural resources peace	1519
officer basic training program.	1520

(B) "Undercover drug agent" has the same meaning as in	1521
division (B)(2) of section 109.79 of the Revised Code.	1522

(C) "Crisis intervention training" means training in the use	1523
of interpersonal and communication skills to most effectively and	1524
sensitively interview victims of rape.	1525

(D) "Missing children" has the same meaning as in section	1526
2901.30 of the Revised Code.	1527

Sec. 109.77. (A) As used in this section, "felony" has the	1528
same meaning as in section 109.511 of the Revised Code.	1529

(B)(1) Notwithstanding any general, special, or local law or	1530
charter to the contrary, and except as otherwise provided in this	1531
section, no person shall receive an original appointment on a	1532
permanent basis as any of the following unless the person	1533
previously has been awarded a certificate by the executive	1534
director of the Ohio peace officer training commission attesting	1535
to the person's satisfactory completion of an approved state,	1536
county, municipal, or department of natural resources peace	1537
officer basic training program:	1538

(a) A peace officer of any county, township, municipal	1539
corporation, regional transit authority, or metropolitan housing	1540
authority;	1541

(b) A natural resources law enforcement staff officer, park	1542
officer, forest officer, preserve officer, wildlife officer, or	1543
state watercraft officer of the department of natural resources;	1544

(c) An employee of a park district under section 511.232 or	1545
1545.13 of the Revised Code;	1546

(d) An employee of a conservancy district who is designated	1547
pursuant to section 6101.75 of the Revised Code;	1548

(e) A state university law enforcement officer;

1549

(f) A special police officer employed by the department of	1550
mental health pursuant to section 5119.14 of the Revised Code or	1551
the department of ~~mental retardation and~~ developmental	1552
disabilities pursuant to section 5123.13 of the Revised Code;	1553

(g) An enforcement agent of the department of public safety	1554
whom the director of public safety designates under section	1555
5502.14 of the Revised Code;	1556

(h) A special police officer employed by a port authority	1557
under section 4582.04 or 4582.28 of the Revised Code;	1558

(i) A special police officer employed by a municipal	1559
corporation at a municipal airport, or other municipal air	1560
navigation facility, that has scheduled operations, as defined in	1561
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1562
C.F.R. 119.3, as amended, and that is required to be under a	1563
security program and is governed by aviation security rules of the	1564
transportation security administration of the United States	1565
department of transportation as provided in Parts 1542. and 1544.	1566
of Title 49 of the Code of Federal Regulations, as amended.	1567

(2) Every person who is appointed on a temporary basis or for	1568
a probationary term or on other than a permanent basis as any of	1569
the following shall forfeit the appointed position unless the	1570
person previously has completed satisfactorily or, within the time	1571
prescribed by rules adopted by the attorney general pursuant to	1572
section 109.74 of the Revised Code, satisfactorily completes a	1573
state, county, municipal, or department of natural resources peace	1574
officer basic training program for temporary or probationary	1575
officers and is awarded a certificate by the director attesting to	1576
the satisfactory completion of the program:	1577

(a) A peace officer of any county, township, municipal	1578
corporation, regional transit authority, or metropolitan housing	1579
authority;	1580

(b) A natural resources law enforcement staff officer, park	1581
officer, forest officer, preserve officer, wildlife officer, or	1582
state watercraft officer of the department of natural resources;	1583

(c) An employee of a park district under section 511.232 or	1584
1545.13 of the Revised Code;	1585

(d) An employee of a conservancy district who is designated	1586
pursuant to section 6101.75 of the Revised Code;	1587

(e) A special police officer employed by the department of	1588
mental health pursuant to section 5119.14 of the Revised Code or	1589
the department of ~~mental retardation and~~ developmental	1590
disabilities pursuant to section 5123.13 of the Revised Code;	1591

(f) An enforcement agent of the department of public safety	1592
whom the director of public safety designates under section	1593
5502.14 of the Revised Code;	1594

(g) A special police officer employed by a port authority	1595
under section 4582.04 or 4582.28 of the Revised Code;	1596

(h) A special police officer employed by a municipal	1597
corporation at a municipal airport, or other municipal air	1598
navigation facility, that has scheduled operations, as defined in	1599
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1600
C.F.R. 119.3, as amended, and that is required to be under a	1601
security program and is governed by aviation security rules of the	1602
transportation security administration of the United States	1603
department of transportation as provided in Parts 1542. and 1544.	1604
of Title 49 of the Code of Federal Regulations, as amended.	1605

(3) For purposes of division (B) of this section, a state,	1606
county, municipal, or department of natural resources peace	1607
officer basic training program, regardless of whether the program	1608
is to be completed by peace officers appointed on a permanent or	1609
temporary, probationary, or other nonpermanent basis, shall	1610
include at least fifteen hours of training in the handling of the	1611
offense of domestic violence, other types of domestic	1612
violence-related offenses and incidents, and protection orders and	1613
consent agreements issued or approved under section 2919.26 or	1614
3113.31 of the Revised Code and at least six hours of crisis	1615
intervention training. The requirement to complete fifteen hours	1616
of training in the handling of the offense of domestic violence,	1617
other types of domestic violence-related offenses and incidents,	1618
and protection orders and consent agreements issued or approved	1619
under section 2919.26 or 3113.31 of the Revised Code does not	1620
apply to any person serving as a peace officer on March 27, 1979,	1621
and the requirement to complete six hours of training in crisis	1622
intervention does not apply to any person serving as a peace	1623
officer on April 4, 1985. Any person who is serving as a peace	1624
officer on April 4, 1985, who terminates that employment after	1625
that date, and who subsequently is hired as a peace officer by the	1626
same or another law enforcement agency shall complete the six	1627
hours of training in crisis intervention within the time	1628
prescribed by rules adopted by the attorney general pursuant to	1629
section 109.742 of the Revised Code. No peace officer shall have	1630
employment as a peace officer terminated and then be reinstated	1631
with intent to circumvent this section.	1632

(4) Division (B) of this section does not apply to any person	1633
serving on a permanent basis on March 28, 1985, as a park officer,	1634
forest officer, preserve officer, wildlife officer, or state	1635
watercraft officer of the department of natural resources or as an	1636
employee of a park district under section 511.232 or 1545.13 of	1637
the Revised Code, to any person serving on a permanent basis on	1638
March 6, 1986, as an employee of a conservancy district designated	1639
pursuant to section 6101.75 of the Revised Code, to any person	1640
serving on a permanent basis on January 10, 1991, as a preserve	1641
officer of the department of natural resources, to any person	1642
employed on a permanent basis on July 2, 1992, as a special police	1643
officer by the department of mental health pursuant to section	1644
5119.14 of the Revised Code or by the department of ~~mental~~	1645
~~retardation and~~ developmental disabilities pursuant to section	1646
5123.13 of the Revised Code, to any person serving on a permanent	1647
basis on May 17, 2000, as a special police officer employed by a	1648
port authority under section 4582.04 or 4582.28 of the Revised	1649
Code, to any person serving on a permanent basis on ~~the effective~~	1650
~~date of this amendment~~March 19, 2003, as a special police officer	1651
employed by a municipal corporation at a municipal airport or	1652
other municipal air navigation facility described in division	1653
(A)(19) of section 109.71 of the Revised Code, to any person	1654
serving on a permanent basis on June 19, 1978, as a state	1655
university law enforcement officer pursuant to section 3345.04 of	1656
the Revised Code and who, immediately prior to June 19, 1978, was	1657
serving as a special police officer designated under authority of	1658
that section, or to any person serving on a permanent basis on	1659
September 20, 1984, as a liquor control investigator, known after	1660
June 30, 1999, as an enforcement agent of the department of public	1661
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1662
the Revised Code.	1663

(5) Division (B) of this section does not apply to any person	1664
who is appointed as a regional transit authority police officer	1665
pursuant to division (Y) of section 306.35 of the Revised Code if,	1666
on or before July 1, 1996, the person has completed satisfactorily	1667
an approved state, county, municipal, or department of natural	1668
resources peace officer basic training program and has been	1669
awarded a certificate by the executive director of the Ohio peace	1670
officer training commission attesting to the person's satisfactory	1671
completion of such an approved program and if, on July 1, 1996,	1672
the person is performing peace officer functions for a regional	1673
transit authority.	1674

(C) No person, after September 20, 1984, shall receive an	1675
original appointment on a permanent basis as a veterans' home	1676
police officer designated under section 5907.02 of the Revised	1677
Code unless the person previously has been awarded a certificate	1678
by the executive director of the Ohio peace officer training	1679
commission attesting to the person's satisfactory completion of an	1680
approved police officer basic training program. Every person who	1681
is appointed on a temporary basis or for a probationary term or on	1682
other than a permanent basis as a veterans' home police officer	1683
designated under section 5907.02 of the Revised Code shall forfeit	1684
that position unless the person previously has completed	1685
satisfactorily or, within one year from the time of appointment,	1686
satisfactorily completes an approved police officer basic training	1687
program.	1688

(D) No bailiff or deputy bailiff of a court of record of this	1689
state and no criminal investigator who is employed by the state	1690
public defender shall carry a firearm, as defined in section	1691
2923.11 of the Revised Code, while on duty unless the bailiff,	1692
deputy bailiff, or criminal investigator has done or received one	1693
of the following:	1694

(1) Has been awarded a certificate by the executive director	1695
of the Ohio peace officer training commission, which certificate	1696
attests to satisfactory completion of an approved state, county,	1697
or municipal basic training program for bailiffs and deputy	1698
bailiffs of courts of record and for criminal investigators	1699
employed by the state public defender that has been recommended by	1700
the Ohio peace officer training commission;	1701

(2) Has successfully completed a firearms training program	1702
approved by the Ohio peace officer training commission prior to	1703
employment as a bailiff, deputy bailiff, or criminal investigator;	1704

(3) Prior to June 6, 1986, was authorized to carry a firearm	1705
by the court that employed the bailiff or deputy bailiff or, in	1706
the case of a criminal investigator, by the state public defender	1707
and has received training in the use of firearms that the Ohio	1708
peace officer training commission determines is equivalent to the	1709
training that otherwise is required by division (D) of this	1710
section.	1711

(E)(1) Before a person seeking a certificate completes an	1712
approved peace officer basic training program, the executive	1713
director of the Ohio peace officer training commission shall	1714
request the person to disclose, and the person shall disclose, any	1715
previous criminal conviction of or plea of guilty of that person	1716
to a felony.	1717

(2) Before a person seeking a certificate completes an	1718
approved peace officer basic training program, the executive	1719
director shall request a criminal history records check on the	1720
person. The executive director shall submit the person's	1721
fingerprints to the bureau of criminal identification and	1722
investigation, which shall submit the fingerprints to the federal	1723
bureau of investigation for a national criminal history records	1724
check.	1725

Upon receipt of the executive director's request, the bureau	1726
of criminal identification and investigation and the federal	1727
bureau of investigation shall conduct a criminal history records	1728
check on the person and, upon completion of the check, shall	1729
provide a copy of the criminal history records check to the	1730
executive director. The executive director shall not award any	1731
certificate prescribed in this section unless the executive	1732
director has received a copy of the criminal history records check	1733
on the person to whom the certificate is to be awarded.	1734

(3) The executive director of the commission shall not award	1735
a certificate prescribed in this section to a person who has been	1736
convicted of or has pleaded guilty to a felony or who fails to	1737
disclose any previous criminal conviction of or plea of guilty to	1738
a felony as required under division (E)(1) of this section.	1739

(4) The executive director of the commission shall revoke the	1740
certificate awarded to a person as prescribed in this section, and	1741
that person shall forfeit all of the benefits derived from being	1742
certified as a peace officer under this section, if the person,	1743
before completion of an approved peace officer basic training	1744
program, failed to disclose any previous criminal conviction of or	1745
plea of guilty to a felony as required under division (E)(1) of	1746
this section.	1747

(F)(1) Regardless of whether the person has been awarded the	1748
certificate or has been classified as a peace officer prior to,	1749
on, or after October 16, 1996, the executive director of the Ohio	1750
peace officer training commission shall revoke any certificate	1751
that has been awarded to a person as prescribed in this section if	1752
the person does either of the following:	1753

(a) Pleads guilty to a felony committed on or after January	1754
1, 1997;	1755

(b) Pleads guilty to a misdemeanor committed on or after	1756
January 1, 1997, pursuant to a negotiated plea agreement as	1757
provided in division (D) of section 2929.43 of the Revised Code in	1758
which the person agrees to surrender the certificate awarded to	1759
the person under this section.	1760

(2) The executive director of the commission shall suspend	1761
any certificate that has been awarded to a person as prescribed in	1762
this section if the person is convicted, after trial, of a felony	1763
committed on or after January 1, 1997. The executive director	1764
shall suspend the certificate pursuant to division (F)(2) of this	1765
section pending the outcome of an appeal by the person from that	1766
conviction to the highest court to which the appeal is taken or	1767
until the expiration of the period in which an appeal is required	1768
to be filed. If the person files an appeal that results in that	1769
person's acquittal of the felony or conviction of a misdemeanor,	1770
or in the dismissal of the felony charge against that person, the	1771
executive director shall reinstate the certificate awarded to the	1772
person under this section. If the person files an appeal from that	1773
person's conviction of the felony and the conviction is upheld by	1774
the highest court to which the appeal is taken or if the person	1775
does not file a timely appeal, the executive director shall revoke	1776
the certificate awarded to the person under this section.	1777

(G)(1) If a person is awarded a certificate under this	1778
section and the certificate is revoked pursuant to division (E)(4)	1779
or (F) of this section, the person shall not be eligible to	1780
receive, at any time, a certificate attesting to the person's	1781
satisfactory completion of a peace officer basic training program.	1782

(2) The revocation or suspension of a certificate under	1783
division (E)(4) or (F) of this section shall be in accordance with	1784
Chapter 119. of the Revised Code.	1785

(H)(1) A person who was employed as a peace officer of a	1786
county, township, or municipal corporation of the state on January	1787
1, 1966, and who has completed at least sixteen years of full-time	1788
active service as such a peace officer may receive an original	1789
appointment on a permanent basis and serve as a peace officer of a	1790
county, township, or municipal corporation, or as a state	1791
university law enforcement officer, without complying with the	1792
requirements of division (B) of this section.	1793

(2) Any person who held an appointment as a state highway	1794
trooper on January 1, 1966, may receive an original appointment on	1795
a permanent basis and serve as a peace officer of a county,	1796
township, or municipal corporation, or as a state university law	1797
enforcement officer, without complying with the requirements of	1798
division (B) of this section.	1799

(I) No person who is appointed as a peace officer of a	1800
county, township, or municipal corporation on or after April 9,	1801
1985, shall serve as a peace officer of that county, township, or	1802
municipal corporation unless the person has received training in	1803
the handling of missing children and child abuse and neglect cases	1804
from an approved state, county, township, or municipal police	1805
officer basic training program or receives the training within the	1806
time prescribed by rules adopted by the attorney general pursuant	1807
to section 109.741 of the Revised Code.	1808

(J) No part of any approved state, county, or municipal basic	1809
training program for bailiffs and deputy bailiffs of courts of	1810
record and no part of any approved state, county, or municipal	1811
basic training program for criminal investigators employed by the	1812
state public defender shall be used as credit toward the	1813
completion by a peace officer of any part of the approved state,	1814
county, or municipal peace officer basic training program that the	1815
peace officer is required by this section to complete	1816
satisfactorily.	1817

(K) This section does not apply to any member of the police	1818
department of a municipal corporation in an adjoining state	1819
serving in this state under a contract pursuant to section 737.04	1820
of the Revised Code.	1821

Sec. 109.86. (A) The attorney general shall investigate any	1822
activity the attorney general has reasonable cause to believe is	1823
in violation of section 2903.34 of the Revised Code. Upon written	1824
request of the governor, the general assembly, the auditor of	1825
state, or the director of health, job and family services, aging,	1826
mental health, or ~~mental retardation and~~ developmental	1827
disabilities, the attorney general shall investigate any activity	1828
these persons believe is in violation of section 2903.34 of the	1829
Revised Code. If after an investigation the attorney general has	1830
probable cause to prosecute for the commission of a crime, the	1831
attorney general shall refer the evidence to the prosecuting	1832
attorney, director of law, or other similar chief legal officer	1833
having jurisdiction over the matter. If the prosecuting attorney	1834
decides to present the evidence to a grand jury, the prosecuting	1835
attorney shall notify the attorney general in writing of the	1836
decision within thirty days after referral of the matter and shall	1837
present the evidence prior to the discharge of the next regular	1838
grand jury. If the director of law or other chief legal officer	1839
decides to prosecute the case, the director or officer shall	1840
notify the attorney general in writing of the decision within	1841
thirty days and shall initiate prosecution within sixty days after	1842
the matter was referred to the director or officer.	1843

(B) If the prosecuting attorney, director of law, or other	1844
chief legal officer fails to notify the attorney general or to	1845
present evidence or initiate prosecution in accordance with	1846
division (A) of this section, the attorney general may present the	1847
evidence to a regular grand jury drawn and impaneled pursuant to	1848
sections 2939.01 to 2939.24 of the Revised Code, or to a special	1849
grand jury drawn and impaneled pursuant to section 2939.17 of the	1850
Revised Code, or the attorney general may initiate and prosecute	1851
any action in any court or tribunal of competent jurisdiction in	1852
this state. The attorney general, and any assistant or special	1853
counsel designated by the attorney general, have all the powers of	1854
a prosecuting attorney, director of law, or other chief legal	1855
officer when proceeding under this section. Nothing in this	1856
section shall limit or prevent a prosecuting attorney, director of	1857
law, or other chief legal officer from investigating and	1858
prosecuting criminal activity committed against a resident or	1859
patient of a care facility.	1860

Sec. 117.102. The auditor of state shall review the report	1861
of each school health and safety network inspection of a public	1862
school building and associated grounds submitted to the auditor of	1863
state under section 3701.932 of the Revised Code. The auditor of	1864
state may include references to any of the recommendations	1865
contained in the inspection report, as determined appropriate by	1866
the auditor of state, in any audit report of the school district,	1867
educational service center, county board of ~~mental retardation and~~	1868
developmental disabilities, or community school controlling the	1869
inspected building and grounds.	1870

As used in this section, "public school" has the same meaning	1871
as in section 3701.93 of the Revised Code.	1872

Sec. 121.02. The following administrative departments and	1873
their respective directors are hereby created:	1874

(A) The office of budget and management, which shall be	1875
administered by the director of budget and management;	1876

(B) The department of commerce, which shall be administered	1877
by the director of commerce;	1878

(C) The department of administrative services, which shall be	1879
administered by the director of administrative services;	1880

(D) The department of transportation, which shall be	1881
administered by the director of transportation;	1882

(E) The department of agriculture, which shall be	1883
administered by the director of agriculture;	1884

(F) The department of natural resources, which shall be	1885
administered by the director of natural resources;	1886

(G) The department of health, which shall be administered by	1887
the director of health;	1888

(H) The department of job and family services, which shall be	1889
administered by the director of job and family services;	1890

(I) Until July 1, 1997, the department of liquor control,	1891
which shall be administered by the director of liquor control;	1892

(J) The department of public safety, which shall be	1893
administered by the director of public safety;	1894

(K) The department of mental health, which shall be	1895
administered by the director of mental health;	1896

(L) The department of ~~mental retardation and~~ developmental	1897
disabilities, which shall be administered by the director of	1898
~~mental retardation and~~ developmental disabilities;	1899

(M) The department of insurance, which shall be administered	1900
by the superintendent of insurance as director thereof;	1901

(N) The department of development, which shall be	1902
administered by the director of development;	1903

(O) The department of youth services, which shall be	1904
administered by the director of youth services;	1905

(P) The department of rehabilitation and correction, which	1906
shall be administered by the director of rehabilitation and	1907
correction;	1908

(Q) The environmental protection agency, which shall be	1909
administered by the director of environmental protection;	1910

(R) The department of aging, which shall be administered by	1911
the director of aging;	1912

(S) The department of alcohol and drug addiction services,	1913
which shall be administered by the director of alcohol and drug	1914
addiction services;	1915

(T) The department of veterans services, which shall be	1916
administered by the director of veterans services.	1917

The director of each department shall exercise the powers and	1918
perform the duties vested by law in such department.	1919

Sec. 121.03. The following administrative department heads	1920
shall be appointed by the governor, with the advice and consent of	1921
the senate, and shall hold their offices during the term of the	1922
appointing governor, and are subject to removal at the pleasure of	1923
the governor.	1924

(A) The director of budget and management;

1925

(B) The director of commerce;

1926

1927

(D) The director of agriculture;

1928

(E) The director of job and family services;

1929

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

1930

(G) The director of public safety;

1931

(H) The superintendent of insurance;

1932

(I) The director of development;

1933

(J) The tax commissioner;

1934

(K) The director of administrative services;

1935

(L) The director of natural resources;

1936

(M) The director of mental health;

1937

(N) The director of ~~mental retardation and~~ developmental	1938
disabilities;	1939

(O) The director of health;

1940

(P) The director of youth services;

1941

(Q) The director of rehabilitation and correction;

1942

(R) The director of environmental protection;

1943

(S) The director of aging;

1944

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

1945

(U) The administrator of workers' compensation who meets the	1946
qualifications required under division (A) of section 4121.121 of	1947
the Revised Code;	1948

(V) The director of veterans services who meets the	1949
qualifications required under section 5902.01 of the Revised Code.	1950

Sec. 121.32. The commission on Hispanic-Latino affairs	1951
shall:	1952

(A) Gather and disseminate information and conduct hearings,	1953
conferences, investigations, and special studies on problems and	1954
programs concerning Spanish-speaking people;	1955

(B) Secure appropriate recognition of the accomplishments and	1956
contributions of Spanish-speaking people to this state;	1957

(C) Stimulate public awareness of the problems of	1958
Spanish-speaking people by conducting a program of public	1959
education;	1960

(D) Develop, coordinate, and assist other public and private	1961
organizations that serve Spanish-speaking people, including the	1962
conducting of training programs for community leadership and	1963
service project staff;	1964

(E) Advise the governor, general assembly, and state	1965
departments and agencies of the nature, magnitude, and priorities	1966
of the problems of Spanish-speaking people;	1967

(F) Advise the governor, general assembly, and state	1968
departments and agencies on, and assist in the development and	1969
implementation of, comprehensive and coordinated policies,	1970
programs, and procedures focusing on the special problems and	1971
needs of Spanish-speaking people, especially in the fields of	1972
education, employment, energy, health, housing, welfare, and	1973
recreation;	1974

(G) Propose new programs concerning Spanish-speaking people	1975
to public and private agencies and evaluate for such agencies	1976
existing programs or prospective legislation concerning	1977
Spanish-speaking people;	1978

(H) Review and approve grants to be made from federal, state,	1979
or private funds which are administered or subcontracted by the	1980
office of Spanish-speaking affairs;	1981

(I) Review and approve the annual report prepared by the	1982
office of Spanish-speaking affairs;	1983

(J) Create an interagency council consisting of the following	1984
persons or their authorized representatives: one member of the	1985
senate appointed by the president of the senate; one member of the	1986
house of representatives appointed by the speaker of the house of	1987
representatives; the directors of administrative services,	1988
agriculture, education, development, health, highway safety, job	1989
and family services, liquor control, mental health, ~~mental~~	1990
~~retardation and~~ developmental disabilities, natural resources,	1991
rehabilitation and correction, youth services, transportation,	1992
environmental protection, and budget and management; the	1993
chairperson of the Ohio civil rights commission, the	1994
administrators of the bureau of workers' compensation and the	1995
rehabilitation services commission, and an additional member of	1996
the governor's cabinet appointed by the governor. The commission	1997
on Hispanic-Latino affairs, by rule, may designate other state	1998
officers or their representatives to be members of the council.	1999
The director of the commission shall be the chairperson of the	2000
council.	2001

The interagency council shall provide and coordinate the	2002
exchange of information relative to the needs of Spanish-speaking	2003
people and promote the delivery of state services to such people.	2004
The council shall meet at the call of the chairperson.	2005

Sec. 121.36. (A) As used in this section, "home care	2006
dependent adult" means an individual who resides in a private home	2007
or other noninstitutional and unlicensed living arrangement,	2008
without the presence of a parent or guardian, but has health and	2009
safety needs that require the provision of regularly scheduled	2010
home care services to remain in the home or other living	2011
arrangement because one of the following is the case:	2012

(1) The individual is at least twenty-one years of age but	2013
less than sixty years of age and has a physical disability or	2014
mental impairment.	2015

(2) The individual is sixty years of age or older, regardless	2016
of whether the individual has a physical disability or mental	2017
impairment.	2018

(B) Except as provided in division (D) of this section, the	2019
departments of ~~mental retardation and~~ developmental disabilities,	2020
aging, job and family services, and health shall each implement	2021
this section with respect to all contracts entered into by the	2022
department for the provision of home care services to home care	2023
dependent adults that are paid for in whole or in part with	2024
federal, state, or local funds. Except as provided in division (D)	2025
of this section, each department shall also require all public and	2026
private entities that receive money from or through the department	2027
to comply with this section when entering into contracts for the	2028
provision of home care services to home care dependent adults that	2029
are paid for in whole or in part with federal, state, or local	2030
funds. Such entities may include county boards of ~~mental~~	2031
~~retardation and~~ developmental disabilities, area agencies on	2032
aging, county departments of job and family services, and boards	2033
of health of city and general health districts.	2034

(C) Beginning one year after ~~the effective date of this~~	2035
~~section~~September 26, 2003, each contract subject to this section	2036
shall include terms requiring that the provider of home care	2037
services to home care dependent adults have a system in place that	2038
effectively monitors the delivery of the services by its	2039
employees. To be considered an effective monitoring system for	2040
purposes of the contract, the system established by a provider	2041
must include at least the following components:	2042

(1) When providing home care services to home care dependent	2043
adults who have a mental impairment or life-threatening health	2044
condition, a mechanism to verify whether the provider's employees	2045
are present at the location where the services are to be provided	2046
and at the time the services are to be provided;	2047

(2) When providing home care services to all other home care	2048
dependent adults, a system to verify at the end of each working	2049
day whether the provider's employees have provided the services at	2050
the proper location and time;	2051

(3) A protocol to be followed in scheduling a substitute	2052
employee when the monitoring system identifies that an employee	2053
has failed to provide home care services at the proper location	2054
and time, including standards for determining the length of time	2055
that may elapse without jeopardizing the health and safety of the	2056
home care dependent adult;	2057

(4) Procedures for maintaining records of the information	2058
obtained through the monitoring system;	2059

(5) Procedures for compiling annual reports of the	2060
information obtained through the monitoring system, including	2061
statistics on the rate at which home care services were provided	2062
at the proper location and time;	2063

(6) Procedures for conducting random checks of the accuracy	2064
of the monitoring system. For purposes of conducting these checks,	2065
a random check is considered to be a check of not more than five	2066
per cent of the home care visits the provider's employees make to	2067
different home care dependent adults within a particular work	2068
shift.	2069

(D) In implementing this section, the departments shall	2070
exempt providers of home care services who are self-employed	2071
providers with no other employees or are otherwise considered by	2072
the departments not to be agency providers. The departments shall	2073
conduct a study on how the exempted providers may be made subject	2074
to the requirement of effectively monitoring whether home care	2075
services are being provided and have been provided at the proper	2076
location and time. Not later than two years after ~~the effective~~	2077
~~date of this section~~September 26, 2003, the departments shall	2078
prepare a report of their findings and recommendations. The report	2079
shall be submitted to the president of the senate and the speaker	2080
of the house of representatives.	2081

(E) The departments of ~~mental retardation and~~ developmental	2082
disabilities, aging, job and family services, and health shall	2083
each adopt rules as necessary to implement this section. The rules	2084
shall be adopted in accordance with Chapter 119. of the Revised	2085
Code.	2086

Sec. 121.37. (A)(1) There is hereby created the Ohio family	2087
and children first cabinet council. The council shall be composed	2088
of the superintendent of public instruction and the directors of	2089
youth services, job and family services, mental health, health,	2090
alcohol and drug addiction services, ~~mental retardation and~~	2091
developmental disabilities, and budget and management. The	2092
chairperson of the council shall be the governor or the governor's	2093
designee and shall establish procedures for the council's internal	2094
control and management.	2095

The purpose of the cabinet council is to help families	2096
seeking government services. This section shall not be interpreted	2097
or applied to usurp the role of parents, but solely to streamline	2098
and coordinate existing government services for families seeking	2099
assistance for their children.	2100

(2) In seeking to fulfill its purpose, the council may do any	2101
of the following:	2102

(a) Advise and make recommendations to the governor and	2103
general assembly regarding the provision of services to children;	2104

(b) Advise and assess local governments on the coordination	2105
of service delivery to children;	2106

(c) Hold meetings at such times and places as may be	2107
prescribed by the council's procedures and maintain records of the	2108
meetings, except that records identifying individual children are	2109
confidential and shall be disclosed only as provided by law;	2110

(d) Develop programs and projects, including pilot projects,	2111
to encourage coordinated efforts at the state and local level to	2112
improve the state's social service delivery system;	2113

(e) Enter into contracts with and administer grants to county	2114
family and children first councils, as well as other county or	2115
multicounty organizations to plan and coordinate service delivery	2116
between state agencies and local service providers for families	2117
and children;	2118

(f) Enter into contracts with and apply for grants from	2119
federal agencies or private organizations;	2120

(g) Enter into interagency agreements to encourage	2121
coordinated efforts at the state and local level to improve the	2122
state's social service delivery system. The agreements may include	2123
provisions regarding the receipt, transfer, and expenditure of	2124
funds;	2125

(h) Identify public and private funding sources for services	2126
provided to alleged or adjudicated unruly children and children	2127
who are at risk of being alleged or adjudicated unruly children,	2128
including regulations governing access to and use of the services;	2129

(i) Collect information provided by local communities	2130
regarding successful programs for prevention, intervention, and	2131
treatment of unruly behavior, including evaluations of the	2132
programs;	2133

(j) Identify and disseminate publications regarding alleged	2134
or adjudicated unruly children and children who are at risk of	2135
being alleged or adjudicated unruly children and regarding	2136
programs serving those types of children;	2137

(k) Maintain an inventory of strategic planning facilitators	2138
for use by government or nonprofit entities that serve alleged or	2139
adjudicated unruly children or children who are at risk of being	2140
alleged or adjudicated unruly children.	2141

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

2142

(a) Reviews of service and treatment plans for children for	2143
which such reviews are requested;	2144

(b) Assistance as the council determines to be necessary to	2145
meet the needs of children referred by county family and children	2146
first councils;	2147

(c) Monitoring and supervision of a statewide, comprehensive,	2148
coordinated, multi-disciplinary, interagency system for infants	2149
and toddlers with developmental disabilities or delays and their	2150
families, as established pursuant to federal grants received and	2151
administered by the department of health for early intervention	2152
services under the "Individuals with Disabilities Education Act of	2153
2004," 20 U.S.C.A. 1400, as amended.	2154

(4) The cabinet council shall develop and implement the	2155
following:	2156

(a) An interagency process to select the indicators that will	2157
be used to measure progress toward increasing child well-being in	2158
the state and to update the indicators on an annual basis. The	2159
indicators shall focus on expectant parents and newborns thriving;	2160
infants and toddlers thriving; children being ready for school;	2161
children and youth succeeding in school; youth choosing healthy	2162
behaviors; and youth successfully transitioning into adulthood.	2163

(b) An interagency system to offer guidance and monitor	2164
progress toward increasing child well-being in the state and in	2165
each county;	2166

(c) An annual plan that identifies state-level agency efforts	2167
taken to ensure progress towards increasing child well-being in	2168
the state.	2169

On an annual basis, the cabinet council shall submit to the	2170
governor and the general assembly a report on the status of	2171
efforts to increase child well-being in the state. This report	2172
shall be made available to any other person on request.	2173

(B)(1) Each board of county commissioners shall establish a	2174
county family and children first council. The board may invite any	2175
local public or private agency or group that funds, advocates, or	2176
provides services to children and families to have a	2177
representative become a permanent or temporary member of its	2178
county council. Each county council must include the following	2179
individuals:	2180

(a) At least three individuals who are not employed by an	2181
agency represented on the council and whose families are or have	2182
received services from an agency represented on the council or	2183
another county's council. Where possible, the number of members	2184
representing families shall be equal to twenty per cent of the	2185
council's membership.	2186

(b) The director of the board of alcohol, drug addiction, and	2187
mental health services that serves the county, or, in the case of	2188
a county that has a board of alcohol and drug addiction services	2189
and a community mental health board, the directors of both boards.	2190
If a board of alcohol, drug addiction, and mental health services	2191
covers more than one county, the director may designate a person	2192
to participate on the county's council.	2193

(c) The health commissioner, or the commissioner's designee,	2194
of the board of health of each city and general health district in	2195
the county. If the county has two or more health districts, the	2196
health commissioner membership may be limited to the commissioners	2197
of the two districts with the largest populations.	2198

(d) The director of the county department of job and family	2199
services;	2200

(e) The executive director of the public children services	2201
agency;	2202

(f) The superintendent of the county board of ~~mental~~	2203
~~retardation and~~ developmental disabilities;	2204

(g) The superintendent of the city, exempted village, or	2205
local school district with the largest number of pupils residing	2206
in the county, as determined by the department of education, which	2207
shall notify each board of county commissioners of its	2208
determination at least biennially;	2209

(h) A school superintendent representing all other school	2210
districts with territory in the county, as designated at a	2211
biennial meeting of the superintendents of those districts;	2212

(i) A representative of the municipal corporation with the	2213
largest population in the county;	2214

(j) The president of the board of county commissioners or an	2215
individual designated by the board;	2216

(k) A representative of the regional office of the department	2217
of youth services;	2218

(l) A representative of the county's head start agencies, as	2219
defined in section 3301.32 of the Revised Code;	2220

(m) A representative of the county's early intervention	2221
collaborative established pursuant to the federal early	2222
intervention program operated under the "Individuals with	2223
Disabilities Education Act of 2004";	2224

(n) A representative of a local nonprofit entity that funds,	2225
advocates, or provides services to children and families.	2226

Notwithstanding any other provision of law, the public	2227
members of a county council are not prohibited from serving on the	2228
council and making decisions regarding the duties of the council,	2229
including those involving the funding of joint projects and those	2230
outlined in the county's service coordination mechanism	2231
implemented pursuant to division (C) of this section.	2232

The cabinet council shall establish a state appeals process	2233
to resolve disputes among the members of a county council	2234
concerning whether reasonable responsibilities as members are	2235
being shared. The appeals process may be accessed only by a	2236
majority vote of the council members who are required to serve on	2237
the council. Upon appeal, the cabinet council may order that state	2238
funds for services to children and families be redirected to a	2239
county's board of county commissioners.	2240

The county's juvenile court judge senior in service or	2241
another judge of the juvenile court designated by the	2242
administrative judge or, where there is no administrative judge,	2243
by the judge senior in service shall serve as the judicial advisor	2244
to the county family and children first council. The judge may	2245
advise the county council on the court's utilization of resources,	2246
services, or programs provided by the entities represented by the	2247
members of the county council and how those resources, services,	2248
or programs assist the court in its administration of justice.	2249
Service of a judge as a judicial advisor pursuant to this section	2250
is a judicial function.	2251

(2) The purpose of the county council is to streamline and	2252
coordinate existing government services for families seeking	2253
services for their children. In seeking to fulfill its purpose, a	2254
county council shall provide for the following:	2255

(a) Referrals to the cabinet council of those children for	2256
whom the county council cannot provide adequate services;	2257

(b) Development and implementation of a process that annually	2258
evaluates and prioritizes services, fills service gaps where	2259
possible, and invents new approaches to achieve better results for	2260
families and children;	2261

(c) Participation in the development of a countywide,	2262
comprehensive, coordinated, multi-disciplinary, interagency system	2263
for infants and toddlers with developmental disabilities or delays	2264
and their families, as established pursuant to federal grants	2265
received and administered by the department of health for early	2266
intervention services under the "Individuals with Disabilities	2267
Education Act of 2004";	2268

(d) Maintenance of an accountability system to monitor the	2269
county council's progress in achieving results for families and	2270
children;	2271

(e) Establishment of a mechanism to ensure ongoing input from	2272
a broad representation of families who are receiving services	2273
within the county system.	2274

(3) A county council shall develop and implement the	2275
following:	2276

(a) An interagency process to establish local indicators and	2277
monitor the county's progress toward increasing child well-being	2278
in the county;	2279

(b) An interagency process to identify local priorities to	2280
increase child well-being. The local priorities shall focus on	2281
expectant parents and newborns thriving; infants and toddlers	2282
thriving; children being ready for school; children and youth	2283
succeeding in school; youth choosing healthy behaviors; and youth	2284
successfully transitioning into adulthood and take into account	2285
the indicators established by the cabinet council under division	2286
(A)(4)(a) of this section.	2287

(c) An annual plan that identifies the county's interagency	2288
efforts to increase child well-being in the county.	2289

On an annual basis, the county council shall submit a report	2290
on the status of efforts by the county to increase child	2291
well-being in the county to the county's board of county	2292
commissioners and the cabinet council. This report shall be made	2293
available to any other person on request.	2294

(4)(a) Except as provided in division (B)(4)(b) of this	2295
section, a county council shall comply with the policies,	2296
procedures, and activities prescribed by the rules or interagency	2297
agreements of a state department participating on the cabinet	2298
council whenever the county council performs a function subject to	2299
those rules or agreements.	2300

(b) On application of a county council, the cabinet council	2301
may grant an exemption from any rules or interagency agreements of	2302
a state department participating on the council if an exemption is	2303
necessary for the council to implement an alternative program or	2304
approach for service delivery to families and children. The	2305
application shall describe the proposed program or approach and	2306
specify the rules or interagency agreements from which an	2307
exemption is necessary. The cabinet council shall approve or	2308
disapprove the application in accordance with standards and	2309
procedures it shall adopt. If an application is approved, the	2310
exemption is effective only while the program or approach is being	2311
implemented, including a reasonable period during which the	2312
program or approach is being evaluated for effectiveness.	2313

(5)(a) Each county council shall designate an administrative	2314
agent for the council from among the following public entities:	2315
the board of alcohol, drug addiction, and mental health services,	2316
including a board of alcohol and drug addiction or a community	2317
mental health board if the county is served by separate boards;	2318
the board of county commissioners; any board of health of the	2319
county's city and general health districts; the county department	2320
of job and family services; the county agency responsible for the	2321
administration of children services pursuant to section 5153.15 of	2322
the Revised Code; the county board of ~~mental retardation and~~	2323
developmental disabilities; any of the county's boards of	2324
education or governing boards of educational service centers; or	2325
the county's juvenile court. Any of the foregoing public entities,	2326
other than the board of county commissioners, may decline to serve	2327
as the council's administrative agent.	2328

A county council's administrative agent shall serve as the	2329
council's appointing authority for any employees of the council.	2330
The council shall file an annual budget with its administrative	2331
agent, with copies filed with the county auditor and with the	2332
board of county commissioners, unless the board is serving as the	2333
council's administrative agent. The council's administrative agent	2334
shall ensure that all expenditures are handled in accordance with	2335
policies, procedures, and activities prescribed by state	2336
departments in rules or interagency agreements that are applicable	2337
to the council's functions.	2338

The administrative agent of a county council shall send	2339
notice of a member's absence if a member listed in division (B)(1)	2340
of this section has been absent from either three consecutive	2341
meetings of the county council or a county council subcommittee,	2342
or from one-quarter of such meetings in a calendar year, whichever	2343
is less. The notice shall be sent to the board of county	2344
commissioners that establishes the county council and, for the	2345
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	2346
section, to the governing board overseeing the respective entity;	2347
for the member listed in division (B)(1)(f) of this section, to	2348
the county board of ~~mental retardation and~~ developmental	2349
disabilities that employs the superintendent; for a member listed	2350
in division (B)(1)(g) or (h) of this section, to the school board	2351
that employs the superintendent; for the member listed in division	2352
(B)(1)(i) of this section, to the mayor of the municipal	2353
corporation; for the member listed in division (B)(1)(k) of this	2354
section, to the director of youth services; and for the member	2355
listed in division (B)(1)(n), to that member's board of trustees.	2356

The administrative agent for a county council may do any of	2357
the following on behalf of the council:	2358

(i) Enter into agreements or administer contracts with public	2359
or private entities to fulfill specific council business. Such	2360
agreements and contracts are exempt from the competitive bidding	2361
requirements of section 307.86 of the Revised Code if they have	2362
been approved by the county council and they are for the purchase	2363
of family and child welfare or child protection services or other	2364
social or job and family services for families and children. The	2365
approval of the county council is not required to exempt	2366
agreements or contracts entered into under section 5139.34,	2367
5139.41, or 5139.43 of the Revised Code from the competitive	2368
bidding requirements of section 307.86 of the Revised Code.	2369

(ii) As determined by the council, provide financial	2370
stipends, reimbursements, or both, to family representatives for	2371
expenses related to council activity;	2372

(iii) Receive by gift, grant, devise, or bequest any moneys,	2373
lands, or other property for the purposes for which the council is	2374
established. The agent shall hold, apply, and dispose of the	2375
moneys, lands, or other property according to the terms of the	2376
gift, grant, devise, or bequest. Any interest or earnings shall be	2377
treated in the same manner and are subject to the same terms as	2378
the gift, grant, devise, or bequest from which it accrues.	2379

(b)(i) If the county council designates the board of county	2380
commissioners as its administrative agent, the board may, by	2381
resolution, delegate any of its powers and duties as	2382
administrative agent to an executive committee the board	2383
establishes from the membership of the county council. The board	2384
shall name to the executive committee at least the individuals	2385
described in divisions (B)(1)(b) to (h) of this section and may	2386
appoint the president of the board or another individual as the	2387
chair of the executive committee. The executive committee must	2388
include at least one family county council representative who does	2389
not have a family member employed by an agency represented on the	2390
council.	2391

(ii) The executive committee may, with the approval of the	2392
board, hire an executive director to assist the county council in	2393
administering its powers and duties. The executive director shall	2394
serve in the unclassified civil service at the pleasure of the	2395
executive committee. The executive director may, with the approval	2396
of the executive committee, hire other employees as necessary to	2397
properly conduct the county council's business.	2398

(iii) The board may require the executive committee to submit	2399
an annual budget to the board for approval and may amend or repeal	2400
the resolution that delegated to the executive committee its	2401
authority as the county council's administrative agent.	2402

(6) Two or more county councils may enter into an agreement	2403
to administer their county councils jointly by creating a regional	2404
family and children first council. A regional council possesses	2405
the same duties and authority possessed by a county council,	2406
except that the duties and authority apply regionally rather than	2407
to individual counties. Prior to entering into an agreement to	2408
create a regional council, the members of each county council to	2409
be part of the regional council shall meet to determine whether	2410
all or part of the members of each county council will serve as	2411
members of the regional council.	2412

(7) A board of county commissioners may approve a resolution	2413
by a majority vote of the board's members that requires the county	2414
council to submit a statement to the board each time the council	2415
proposes to enter into an agreement, adopt a plan, or make a	2416
decision, other than a decision pursuant to section 121.38 of the	2417
Revised Code, that requires the expenditure of funds for two or	2418
more families. The statement shall describe the proposed	2419
agreement, plan, or decision.	2420

Not later than fifteen days after the board receives the	2421
statement, it shall, by resolution approved by a majority of its	2422
members, approve or disapprove the agreement, plan, or decision.	2423
Failure of the board to pass a resolution during that time period	2424
shall be considered approval of the agreement, plan, or decision.	2425

An agreement, plan, or decision for which a statement is	2426
required to be submitted to the board shall be implemented only if	2427
it is approved by the board.	2428

(C) Each county shall develop a county service coordination	2429
mechanism. The county service coordination mechanism shall serve	2430
as the guiding document for coordination of services in the	2431
county. For children who also receive services under the help me	2432
grow program, the service coordination mechanism shall be	2433
consistent with rules adopted by the department of health under	2434
section 3701.61 of the Revised Code. All family service	2435
coordination plans shall be developed in accordance with the	2436
county service coordination mechanism. The mechanism shall be	2437
developed and approved with the participation of the county	2438
entities representing child welfare; mental retardation and	2439
developmental disabilities; alcohol, drug addiction, and mental	2440
health services; health; juvenile judges; education; the county	2441
family and children first council; and the county early	2442
intervention collaborative established pursuant to the federal	2443
early intervention program operated under the "Individuals with	2444
Disabilities Education Act of 2004." The county shall establish an	2445
implementation schedule for the mechanism. The cabinet council may	2446
monitor the implementation and administration of each county's	2447
service coordination mechanism.	2448

Each mechanism shall include all of the following:

2449

(1) A procedure for an agency, including a juvenile court, or	2450
a family voluntarily seeking service coordination, to refer the	2451
child and family to the county council for service coordination in	2452
accordance with the mechanism;	2453

(2) A procedure ensuring that a family and all appropriate	2454
staff from involved agencies, including a representative from the	2455
appropriate school district, are notified of and invited to	2456
participate in all family service coordination plan meetings;	2457

(3) A procedure that permits a family to initiate a meeting	2458
to develop or review the family's service coordination plan and	2459
allows the family to invite a family advocate, mentor, or support	2460
person of the family's choice to participate in any such meeting;	2461

(4) A procedure for ensuring that a family service	2462
coordination plan meeting is conducted for each child who receives	2463
service coordination under the mechanism and for whom an emergency	2464
out-of-home placement has been made or for whom a nonemergency	2465
out-of-home placement is being considered. The meeting shall be	2466
conducted within ten days of an emergency out-of-home placement.	2467
The meeting shall be conducted before a nonemergency out-of-home	2468
placement. The family service coordination plan shall outline how	2469
the county council members will jointly pay for services, where	2470
applicable, and provide services in the least restrictive	2471
environment.	2472

(5) A procedure for monitoring the progress and tracking the	2473
outcomes of each service coordination plan requested in the county	2474
including monitoring and tracking children in out-of-home	2475
placements to assure continued progress, appropriateness of	2476
placement, and continuity of care after discharge from placement	2477
with appropriate arrangements for housing, treatment, and	2478
education.	2479

(6) A procedure for protecting the confidentiality of all	2480
personal family information disclosed during service coordination	2481
meetings or contained in the comprehensive family service	2482
coordination plan.	2483

(7) A procedure for assessing the needs and strengths of any	2484
child or family that has been referred to the council for service	2485
coordination, including a child whose parent or custodian is	2486
voluntarily seeking services, and for ensuring that parents and	2487
custodians are afforded the opportunity to participate;	2488

(8) A procedure for development of a family service	2489
coordination plan described in division (D) of this section;	2490

(9) A local dispute resolution process to serve as the	2491
process that must be used first to resolve disputes among the	2492
agencies represented on the county council concerning the	2493
provision of services to children, including children who are	2494
abused, neglected, dependent, unruly, alleged unruly, or	2495
delinquent children and under the jurisdiction of the juvenile	2496
court and children whose parents or custodians are voluntarily	2497
seeking services. The local dispute resolution process shall	2498
comply with sections 121.38, 121.381, and 121.382 of the Revised	2499
Code. The local dispute resolution process shall be used to	2500
resolve disputes between a child's parents or custodians and the	2501
county council regarding service coordination. The county council	2502
shall inform the parents or custodians of their right to use the	2503
dispute resolution process. Parents or custodians shall use	2504
existing local agency grievance procedures to address disputes not	2505
involving service coordination. The dispute resolution process is	2506
in addition to and does not replace other rights or procedures	2507
that parents or custodians may have under other sections of the	2508
Revised Code.	2509

The cabinet council shall adopt rules in accordance with	2510
Chapter 119. of the Revised Code establishing an administrative	2511
review process to address problems that arise concerning the	2512
operation of a local dispute resolution process.	2513

Nothing in division (C)(4) of this section shall be	2514
interpreted as overriding or affecting decisions of a juvenile	2515
court regarding an out-of-home placement, long-term placement, or	2516
emergency out-of-home placement.	2517

(D) Each county shall develop a family service coordination	2518
plan that does all of the following:	2519

(1) Designates service responsibilities among the various	2520
state and local agencies that provide services to children and	2521
their families, including children who are abused, neglected,	2522
dependent, unruly, or delinquent children and under the	2523
jurisdiction of the juvenile court and children whose parents or	2524
custodians are voluntarily seeking services;	2525

(2) Designates an individual, approved by the family, to	2526
track the progress of the family service coordination plan,	2527
schedule reviews as necessary, and facilitate the family service	2528
coordination plan meeting process;	2529

(3) Ensures that assistance and services to be provided are	2530
responsive to the strengths and needs of the family, as well as	2531
the family's culture, race, and ethnic group, by allowing the	2532
family to offer information and suggestions and participate in	2533
decisions. Identified assistance and services shall be provided in	2534
the least restrictive environment possible.	2535

(4) Includes a process for dealing with a child who is	2536
alleged to be an unruly child. The process shall include methods	2537
to divert the child from the juvenile court system;	2538

(5) Includes timelines for completion of goals specified in	2539
the plan with regular reviews scheduled to monitor progress toward	2540
those goals;	2541

(6) Includes a plan for dealing with short-term crisis	2542
situations and safety concerns.	2543

(E)(1) The process provided for under division (D)(4) of this	2544
section may include, but is not limited to, the following:	2545

(a) Designation of the person or agency to conduct the	2546
assessment of the child and the child's family as described in	2547
division (C)(7) of this section and designation of the instrument	2548
or instruments to be used to conduct the assessment;	2549

(b) An emphasis on the personal responsibilities of the child	2550
and the parental responsibilities of the parents, guardian, or	2551
custodian of the child;	2552

(c) Involvement of local law enforcement agencies and	2553
officials.	2554

(2) The method to divert a child from the juvenile court	2555
system that must be included in the service coordination process	2556
may include, but is not limited to, the following:	2557

(a) The preparation of a complaint under section 2151.27 of	2558
the Revised Code alleging that the child is an unruly child and	2559
notifying the child and the parents, guardian, or custodian that	2560
the complaint has been prepared to encourage the child and the	2561
parents, guardian, or custodian to comply with other methods to	2562
divert the child from the juvenile court system;	2563

(b) Conducting a meeting with the child, the parents,	2564
guardian, or custodian, and other interested parties to determine	2565
the appropriate methods to divert the child from the juvenile	2566
court system;	2567

(c) A method to provide to the child and the child's family a	2568
short-term respite from a short-term crisis situation involving a	2569
confrontation between the child and the parents, guardian, or	2570
custodian;	2571

(d) A program to provide a mentor to the child or the	2572
parents, guardian, or custodian;	2573

(e) A program to provide parenting education to the parents,	2574
guardian, or custodian;	2575

(f) An alternative school program for children who are truant	2576
from school, repeatedly disruptive in school, or suspended or	2577
expelled from school;	2578

(g) Other appropriate measures, including, but not limited	2579
to, any alternative methods to divert a child from the juvenile	2580
court system that are identified by the Ohio family and children	2581
first cabinet council.	2582

(F) Each county may review and revise the service	2583
coordination process described in division (D) of this section	2584
based on the availability of funds under Title IV-A of the "Social	2585
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	2586
or to the extent resources are available from any other federal,	2587
state, or local funds.	2588

Sec. 123.01. (A) The department of administrative services,	2589
in addition to those powers enumerated in Chapters 124. and 125.	2590
of the Revised Code and provided elsewhere by law, shall exercise	2591
the following powers:	2592

(1) To prepare, or contract to be prepared, by licensed	2593
engineers or architects, surveys, general and detailed plans,	2594
specifications, bills of materials, and estimates of cost for any	2595
projects, improvements, or public buildings to be constructed by	2596
state agencies that may be authorized by legislative	2597
appropriations or any other funds made available therefor,	2598
provided that the construction of the projects, improvements, or	2599
public buildings is a statutory duty of the department. This	2600
section does not require the independent employment of an	2601
architect or engineer as provided by section 153.01 of the Revised	2602
Code in the cases to which that section applies nor affect or	2603
alter the existing powers of the director of transportation.	2604

(2) To have general supervision over the construction of any	2605
projects, improvements, or public buildings constructed for a	2606
state agency and over the inspection of materials previous to	2607
their incorporation into those projects, improvements, or	2608
buildings;	2609

(3) To make contracts for and supervise the construction of	2610
any projects and improvements or the construction and repair of	2611
buildings under the control of a state agency, except contracts	2612
for the repair of buildings under the management and control of	2613
the departments of public safety, job and family services, mental	2614
health, ~~mental retardation and~~ developmental disabilities,	2615
rehabilitation and correction, and youth services, the bureau of	2616
workers' compensation, the rehabilitation services commission, and	2617
boards of trustees of educational and benevolent institutions and	2618
except contracts for the construction of projects that do not	2619
require the issuance of a building permit or the issuance of a	2620
certificate of occupancy and that are necessary to remediate	2621
conditions at a hazardous waste facility, solid waste facility, or	2622
other location at which the director of environmental protection	2623
has reason to believe there is a substantial threat to public	2624
health or safety or the environment. These contracts shall be made	2625
and entered into by the directors of public safety, job and family	2626
services, mental health, ~~mental retardation and~~