Sub. S. B. No. 5 As Pending in the Senate Insurance, Commerce and Labor Committee

As Pending in the Senate Insurance, Commerce and Labor Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 5

Senator Jones

A BILL

To amend sections 9.06, 9.90, 102.02, 103.74, 109.33,

120.40, 121.40, 122.40, 122.64, 122.72, 124.03,

124.11, 124.14, 124.15, 124.151, 124.152, 124.181,

124.182, 124.322, 124.325, 124.327, 124.34,

124.38, 124.382, 124.388, 124.39, 124.81, 124.82,

124.823, 125.211, 126.32, 141.01, 141.02, 145.012,

145.47, 175.05, 306.04, 307.054, 339.06, 339.07,

340.04, 505.38, 505.49, 505.60, 709.012, 742.31,

749.082, 749.083, 917.03, 927.69, 991.02, 1347.15,

1347.99, 1349.71, 1509.35, 1513.182, 1513.29,

1545.071, 1551.35, 1707.36, 1707.46, 3101.01,

3301.03, 3304.12, 3304.50, 3306.01, 3307.27,

3307.77, 3309.47, 3311.19, 3313.12, 3313.202,

3313.23, 3313.24, 3313.33, 3313.42, 3316.07,

3317.01, 3317.018, 3317.11, 3317.13, 3318.31,

3319.01, 3319.011, 3319.02, 3319.06, 3319.08,

3319.084, 3319.085, 3319.088, 3319.09, 3319.10,

3319.11, 3319.13, 3319.14, 3319.141, 3319.17,

3319.172, 3319.18, 3319.63, 3332.03, 3334.08,

3345.31, 3345.45, 3353.03, 3517.152, 3701.33,

3733.49, 3737.81, 3737.90, 3770.02, 3772.06,

3773.33, 3781.07, 3901.07, 4112.03, 4117.01,

4117.02, 4117.03, 4117.06, 4117.08, 4117.09,

4117.10, 4117.11, 4117.14, 4117.15, 4117.20,

4121.03, 4121.121, 4121.351, 4121.38, 4121.69,

4121.77, 4123.352, 4301.07, 4517.30, 4701.03,

4701.05, 4703.03, 4703.31, 4709.04, 4715.06,

4717.02, 4723.02, 4725.06, 4725.46, 4729.03,

4730.05, 4731.03, 4732.05, 4733.05, 4734.03,

4738.09, 4741.02, 4747.03, 4753.04, 4755.01,

4757.05, 4758.12, 4759.03, 4761.02, 4763.02,

4775.05, 4905.10, 4906.02, 4911.07, 4911.12,

5119.071, 5119.09, 5123.08, 5123.51, 5126.0220,

5126.05, 5126.24, 5139.02, 5501.20, 5502.01,

5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and

5907.02, to enact sections 4117.081, 4117.104, and

4117.26, and to repeal sections 9.901, 3317.12,

3317.14, 3319.131, 3319.142, 3319.143, and 4117.22

of the Revised Code to make various changes to

laws concerning public employees, including

collective bargaining, salary schedules and

compensation, layoff procedures, and leave.

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

Section 1. That sections 9.06, 9.90, 102.02, 103.74, 109.33,	43
120.40, 121.40, 122.40, 122.64, 122.72, 124.03, 124.11, 124.14,	44
124.15, 124.151, 124.152, 124.181, 124.182, 124.322, 124.325,	45
124.327, 124.34, 124.38, 124.382, 124.388, 124.39, 124.81, 124.82,	46
124.823, 125.211, 126.32, 141.01, 141.02, 145.012, 145.47, 175.05,	47
306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60,	48
709.012, 742.31, 749.082, 749.083, 917.03, 927.69, 991.02,	49
1347.15, 1347.99, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071,	50
1551.35, 1707.36, 1707.46, 3101.01, 3301.03, 3304.12, 3304.50,	51
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 3313.12, 3313.202,	52
3313.23, 3313.24, 3313.33, 3313.42, 3316.07, 3317.01, 3317.018,	53
3317.11, 3317.13, 3318.31, 3319.01, 3319.011, 3319.02, 3319.06,	54
3319.08, 3319.084, 3319.085, 3319.088, 3319.09, 3319.10, 3319.11,	55
3319.13, 3319.14, 3319.141, 3319.17, 3319.172, 3319.18, 3319.63,	56
3332.03, 3334.08, 3345.31, 3345.45, 3353.03, 3517.152, 3701.33,	57
3733.49, 3737.81, 3737.90, 3770.02, 3772.06, 3773.33, 3781.07,	58
3901.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.06, 4117.08,	59
4117.09, 4117.10, 4117.11, 4117.14, 4117.15, 4117.20, 4121.03,	60
4121.121, 4121.351, 4121.38, 4121.69, 4121.77, 4123.352, 4301.07,	61
4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04, 4715.06,	62
4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05, 4731.03,	63
4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 4753.04,	64
4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 4775.05,	65
4905.10, 4906.02, 4911.07, 4911.12, 5119.071, 5119.09, 5123.08,	66
5123.51, 5126.0220, 5126.05, 5126.24, 5139.02, 5501.20, 5502.01,	67
5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and 5907.02 be	68
amended and sections 4117.081, 4117.104, and 4117.26 of the	69
Revised Code be enacted to read as follows:	70

Sec. 9.06. (A)(1) The department of rehabilitation and	71
correction may contract for the private operation and management	72
pursuant to this section of the initial intensive program prison	73
established pursuant to section 5120.033 of the Revised Code, if	74
one or more intensive program prisons are established under that	75
section, and may contract for the private operation and management	76
of any other facility under this section. Counties and municipal	77
corporations to the extent authorized in sections 307.93, 341.35,	78
753.03, and 753.15 of the Revised Code may contract for the	79
private operation and management of a facility under this section.	80
A contract entered into under this section shall be for an initial	81
term of not more than two years with an option to renew for	82
additional periods of two years.	83

(2) The department of rehabilitation and correction, by rule,	84
shall adopt minimum criteria and specifications that a person or	85
entity, other than a person or entity that satisfies the criteria	86
set forth in division (A)(3)(a) of this section and subject to	87
division (I) of this section, must satisfy in order to apply to	88
operate and manage as a contractor pursuant to this section the	89
initial intensive program prison established pursuant to section	90
5120.033 of the Revised Code, if one or more intensive program	91
prisons are established under that section.	92

(3) Subject to division (I) of this section, any person or	93
entity that applies to operate and manage a facility as a	94
contractor pursuant to this section shall satisfy one or more of	95
the following criteria:	96

(a) The person or entity is accredited by the American	97
correctional association and, at the time of the application,	98
operates and manages one or more facilities accredited by the	99
American correctional association.	100

(b) The person or entity satisfies all of the minimum	101
criteria and specifications adopted by the department of	102
rehabilitation and correction pursuant to division (A)(2) of this	103
section, provided that this alternative shall be available only in	104
relation to the initial intensive program prison established	105
pursuant to section 5120.033 of the Revised Code, if one or more	106
intensive program prisons are established under that section.	107

(4) Subject to division (I) of this section, before a public	108
entity may enter into a contract under this section, the	109
contractor shall convincingly demonstrate to the public entity	110
that it can operate the facility with the inmate capacity required	111
by the public entity and provide the services required in this	112
section and realize at least a five per cent savings over the	113
projected cost to the public entity of providing these same	114
services to operate the facility that is the subject of the	115
contract. No out-of-state prisoners may be housed in any facility	116
that is the subject of a contract entered into under this section.	117

(B) Subject to division (I) of this section, any contract	118
entered into under this section shall include all of the	119
following:	120

(1) A requirement that the contractor retain the contractor's	121
accreditation from the American correctional association	122
throughout the contract term or, if the contractor applied	123
pursuant to division (A)(3)(b) of this section, continue complying	124
with the applicable criteria and specifications adopted by the	125
department of rehabilitation and correction pursuant to division	126
(A)(2) of this section;	127

(2) A requirement that all of the following conditions be	128
met:	129

(a) The contractor begins the process of accrediting the	130
facility with the American correctional association no later than	131
sixty days after the facility receives its first inmate.	132

(b) The contractor receives accreditation of the facility	133
within twelve months after the date the contractor applies to the	134
American correctional association for accreditation.	135

(c) Once the accreditation is received, the contractor	136
maintains it for the duration of the contract term.	137

(d) If the contractor does not comply with divisions	138
(B)(2)(a) to (c) of this section, the contractor is in violation	139
of the contract, and the public entity may revoke the contract at	140
its discretion.	141

(3) A requirement that the contractor comply with all rules	142
promulgated by the department of rehabilitation and correction	143
that apply to the operation and management of correctional	144
facilities, including the minimum standards for jails in Ohio and	145
policies regarding the use of force and the use of deadly force,	146
although the public entity may require more stringent standards,	147
and comply with any applicable laws, rules, or regulations of the	148
federal, state, and local governments, including, but not limited	149
to, sanitation, food service, safety, and health regulations. The	150
contractor shall be required to send copies of reports of	151
inspections completed by the appropriate authorities regarding	152
compliance with rules and regulations to the director of	153
rehabilitation and correction or the director's designee and, if	154
contracting with a local public entity, to the governing authority	155
of that entity.	156

(4) A requirement that the contractor report for	157
investigation all crimes in connection with the facility to the	158
public entity, to all local law enforcement agencies with	159
jurisdiction over the place at which the facility is located, and,	160
for a crime committed at a state correctional institution, to the	161
state highway patrol;	162

(5) A requirement that the contractor immediately report all	163
escapes from the facility, and the apprehension of all escapees,	164
by telephone and in writing to all local law enforcement agencies	165
with jurisdiction over the place at which the facility is located,	166
to the prosecuting attorney of the county in which the facility is	167
located, to the state highway patrol, to a daily newspaper having	168
general circulation in the county in which the facility is	169
located, and, if the facility is a state correctional institution,	170
to the department of rehabilitation and correction. The written	171
notice may be by either facsimile transmission or mail. A failure	172
to comply with this requirement regarding an escape is a violation	173
of section 2921.22 of the Revised Code.	174

(6) A requirement that, if the facility is a state	175
correctional institution, the contractor provide a written report	176
within specified time limits to the director of rehabilitation and	177
correction or the director's designee of all unusual incidents at	178
the facility as defined in rules promulgated by the department of	179
rehabilitation and correction or, if the facility is a local	180
correctional institution, that the contractor provide a written	181
report of all unusual incidents at the facility to the governing	182
authority of the local public entity;	183

(7) A requirement that the contractor maintain proper control	184
of inmates' personal funds pursuant to rules promulgated by the	185
department of rehabilitation and correction for state correctional	186
institutions or pursuant to the minimum standards for jails along	187
with any additional standards established by the local public	188
entity for local correctional institutions and that records	189
pertaining to these funds be made available to representatives of	190
the public entity for review or audit;	191

(8) A requirement that the contractor prepare and distribute	192
to the director of rehabilitation and correction or, if	193
contracting with a local public entity, to the governing authority	194
of the local entity annual budget income and expenditure	195
statements and funding source financial reports;	196

(9) A requirement that the public entity appoint and	197
supervise a full-time contract monitor, that the contractor	198
provide suitable office space for the contract monitor at the	199
facility, and that the contractor allow the contract monitor	200
unrestricted access to all parts of the facility and all records	201
of the facility except the contractor's financial records;	202

(10) A requirement that if the facility is a state	203
correctional institution designated department of rehabilitation	204
and correction staff members be allowed access to the facility in	205
accordance with rules promulgated by the department;	206

(11) A requirement that the contractor provide internal and	207
perimeter security as agreed upon in the contract;	208

(12) If the facility is a state correctional institution, a	209
requirement that the contractor impose discipline on inmates	210
housed in a state correctional institution only in accordance with	211
rules promulgated by the department of rehabilitation and	212
correction;	213

(13) A requirement that the facility be staffed at all times	214
with a staffing pattern approved by the public entity and adequate	215
both to ensure supervision of inmates and maintenance of security	216
within the facility and to provide for programs, transportation,	217
security, and other operational needs. In determining security	218
needs, the contractor shall be required to consider, among other	219
things, the proximity of the facility to neighborhoods and	220
schools.	221

(14) If the contract is with a local public entity, a	222
requirement that the contractor provide services and programs,	223
consistent with the minimum standards for jails promulgated by the	224
department of rehabilitation and correction under section 5120.10	225
of the Revised Code;	226

(15) A clear statement that no immunity from liability	227
granted to the state, and no immunity from liability granted to	228
political subdivisions under Chapter 2744. of the Revised Code,	229
shall extend to the contractor or any of the contractor's	230
employees;	231

(16) A statement that all documents and records relevant to	232
the facility shall be maintained in the same manner required for,	233
and subject to the same laws, rules, and regulations as apply to,	234
the records of the public entity;	235

(17) Authorization for the public entity to impose a fine on	236
the contractor from a schedule of fines included in the contract	237
for the contractor's failure to perform its contractual duties or	238
to cancel the contract, as the public entity considers	239
appropriate. If a fine is imposed, the public entity may reduce	240
the payment owed to the contractor pursuant to any invoice in the	241
amount of the imposed fine.	242

(18) A statement that all services provided or goods produced	243
at the facility shall be subject to the same regulations, and the	244
same distribution limitations, as apply to goods and services	245
produced at other correctional institutions;	246

(19) Authorization for the department to establish one or	247
more prison industries at a facility operated and managed by a	248
contractor for the department;	249

(20) A requirement that, if the facility is an intensive	250
program prison established pursuant to section 5120.033 of the	251
Revised Code, the facility shall comply with all criteria for	252
intensive program prisons of that type that are set forth in that	253
section;	254

(21) If the institution is a state correctional institution,	255
a requirement that the contractor provide clothing for all inmates	256
housed in the facility that is conspicuous in its color, style, or	257
color and style, that conspicuously identifies its wearer as an	258
inmate, and that is readily distinguishable from clothing of a	259
nature that normally is worn outside the facility by non-inmates,	260
that the contractor require all inmates housed in the facility to	261
wear the clothing so provided, and that the contractor not permit	262
any inmate, while inside or on the premises of the facility or	263
while being transported to or from the facility, to wear any	264
clothing of a nature that does not conspicuously identify its	265
wearer as an inmate and that normally is worn outside the facility	266
by non-inmates.	267

(C) No contract entered into under this section may require,	268
authorize, or imply a delegation of the authority or	269
responsibility of the public entity to a contractor for any of the	270
following:	271

(1) Developing or implementing procedures for calculating	272
inmate release and parole eligibility dates and recommending the	273
granting or denying of parole, although the contractor may submit	274
written reports that have been prepared in the ordinary course of	275
business;	276

(2) Developing or implementing procedures for calculating and	277
awarding earned credits, approving the type of work inmates may	278
perform and the wage or earned credits, if any, that may be	279
awarded to inmates engaging in that work, and granting, denying,	280
or revoking earned credits;	281

(3) For inmates serving a term imposed for a felony offense	282
committed prior to July 1, 1996, or for a misdemeanor offense,	283
developing or implementing procedures for calculating and awarding	284
good time, approving the good time, if any, that may be awarded to	285
inmates engaging in work, and granting, denying, or revoking good	286
time;	287

(4) Classifying an inmate or placing an inmate in a more or a	288
less restrictive custody than the custody ordered by the public	289
entity;	290

(5) Approving inmates for work release;

291

(6) Contracting for local or long distance telephone services	292
for inmates or receiving commissions from those services at a	293
facility that is owned by or operated under a contract with the	294
department.	295

(D) A contractor that has been approved to operate a facility	296
under this section, and a person or entity that enters into a	297
contract for specialized services, as described in division (I) of	298
this section, relative to an intensive program prison established	299
pursuant to section 5120.033 of the Revised Code to be operated by	300
a contractor that has been approved to operate the prison under	301
this section, shall provide an adequate policy of insurance	302
specifically including, but not limited to, insurance for civil	303
rights claims as determined by a risk management or actuarial firm	304
with demonstrated experience in public liability for state	305
governments. The insurance policy shall provide that the state,	306
including all state agencies, and all political subdivisions of	307
the state with jurisdiction over the facility or in which a	308
facility is located are named as insured, and that the state and	309
its political subdivisions shall be sent any notice of	310
cancellation. The contractor may not self-insure.	311

A contractor that has been approved to operate a facility	312
under this section, and a person or entity that enters into a	313
contract for specialized services, as described in division (I) of	314
this section, relative to an intensive program prison established	315
pursuant to section 5120.033 of the Revised Code to be operated by	316
a contractor that has been approved to operate the prison under	317
this section, shall indemnify and hold harmless the state, its	318
officers, agents, and employees, and any local government entity	319
in the state having jurisdiction over the facility or ownership of	320
the facility, shall reimburse the state for its costs in defending	321
the state or any of its officers, agents, or employees, and shall	322
reimburse any local government entity of that nature for its costs	323
in defending the local government entity, from all of the	324
following:	325

(1) Any claims or losses for services rendered by the	326
contractor, person, or entity performing or supplying services in	327
connection with the performance of the contract;	328

(2) Any failure of the contractor, person, or entity or its	329
officers or employees to adhere to the laws, rules, regulations,	330
or terms agreed to in the contract;	331

(3) Any constitutional, federal, state, or civil rights claim	332
brought against the state related to the facility operated and	333
managed by the contractor;	334

(4) Any claims, losses, demands, or causes of action arising	335
out of the contractor's, person's, or entity's activities in this	336
state;	337

(5) Any attorney's fees or court costs arising from any	338
habeas corpus actions or other inmate suits that may arise from	339
any event that occurred at the facility or was a result of such an	340
event, or arise over the conditions, management, or operation of	341
the facility, which fees and costs shall include, but not be	342
limited to, attorney's fees for the state's representation and for	343
any court-appointed representation of any inmate, and the costs of	344
any special judge who may be appointed to hear those actions or	345
suits.	346

(E) Private correctional officers of a contractor operating	347
and managing a facility pursuant to a contract entered into under	348
this section may carry and use firearms in the course of their	349
employment only after being certified as satisfactorily completing	350
an approved training program as described in division (A) of	351
section 109.78 of the Revised Code.	352

(F) Upon notification by the contractor of an escape from, or	353
of a disturbance at, the facility that is the subject of a	354
contract entered into under this section, the department of	355
rehabilitation and correction and state and local law enforcement	356
agencies shall use all reasonable means to recapture escapees or	357
quell any disturbance. Any cost incurred by the state or its	358
political subdivisions relating to the apprehension of an escapee	359
or the quelling of a disturbance at the facility shall be	360
chargeable to and borne by the contractor. The contractor shall	361
also reimburse the state or its political subdivisions for all	362
reasonable costs incurred relating to the temporary detention of	363
the escapee following recapture.	364

(G) Any offense that would be a crime if committed at a state	365
correctional institution or jail, workhouse, prison, or other	366
correctional facility shall be a crime if committed by or with	367
regard to inmates at facilities operated pursuant to a contract	368
entered into under this section.	369

(H) A contractor operating and managing a facility pursuant	370
to a contract entered into under this section shall pay any inmate	371
workers at the facility at the rate approved by the public entity.	372
Inmates working at the facility shall not be considered employees	373
of the contractor.	374

(I) In contracting for the private operation and management	375
pursuant to division (A) of this section of any intensive program	376
prison established pursuant to section 5120.033 of the Revised	377
Code, the department of rehabilitation and correction may enter	378
into a contract with a contractor for the general operation and	379
management of the prison and may enter into one or more separate	380
contracts with other persons or entities for the provision of	381
specialized services for persons confined in the prison,	382
including, but not limited to, security or training services or	383
medical, counseling, educational, or similar treatment programs.	384
If, pursuant to this division, the department enters into a	385
contract with a contractor for the general operation and	386
management of the prison and also enters into one or more	387
specialized service contracts with other persons or entities, all	388
of the following apply:	389

(1) The contract for the general operation and management	390
shall comply with all requirements and criteria set forth in this	391
section, and all provisions of this section apply in relation to	392
the prison operated and managed pursuant to the contract.	393

(2) Divisions (A)(2), (B), and (C) of this section do not	394
apply in relation to any specialized services contract, except to	395
the extent that the provisions of those divisions clearly are	396
relevant to the specialized services to be provided under the	397
specialized services contract. Division (D) of this section	398
applies in relation to each specialized services contract.	399

(J) As used in this section:

400

(1) "Public entity" means the department of rehabilitation	401
and correction, or a county or municipal corporation or a	402
combination of counties and municipal corporations, that has	403
jurisdiction over a facility that is the subject of a contract	404
entered into under this section.	405

(2) "Local public entity" means a county or municipal	406
corporation, or a combination of counties and municipal	407
corporations, that has jurisdiction over a jail, workhouse, or	408
other correctional facility used only for misdemeanants that is	409
the subject of a contract entered into under this section.	410

(3) "Governing authority of a local public entity" means, for	411
a county, the board of county commissioners; for a municipal	412
corporation, the legislative authority; for a combination of	413
counties and municipal corporations, all the boards of county	414
commissioners and municipal legislative authorities that joined to	415
create the facility.	416

(4) "Contractor" means a person or entity that enters into a	417
contract under this section to operate and manage a jail,	418
workhouse, or other correctional facility.	419

(5) "Facility" means the specific county, multicounty,	420
municipal, municipal-county, or multicounty-municipal jail,	421
workhouse, prison, or other type of correctional institution or	422
facility used only for misdemeanants, or a state correctional	423
institution, that is the subject of a contract entered into under	424
this section.	425

~~(6) "Person or entity" in the case of a contract for the~~	426
~~private operation and management of a state correctional~~	427
~~institution, includes an employee organization, as defined in~~	428
~~section 4117.01 of the Revised Code, that represents employees at~~	429
~~state correctional institutions.~~	430

Sec. 9.90. (A) The governing board of any public institution	431
of higher education, including without limitation state	432
universities and colleges, community college districts, university	433
branch districts, technical college districts, and municipal	434
universities, may, in addition to all other powers provided in the	435
Revised Code:	436

(1) Contract for, purchase, or otherwise procure from an	437
insurer or insurers licensed to do business by the state of Ohio	438
for or on behalf of such of its employees as it may determine,	439
life insurance, or sickness, accident, annuity, endowment, health,	440
medical, hospital, dental, or surgical coverage and benefits, or	441
any combination thereof, by means of insurance plans or other	442
types of coverage, family, group or otherwise, and may pay from	443
funds under its control and available for such purpose all or any	444
portion of the cost, premium, or charge for such insurance,	445
coverage, or benefits. However, the governing board, in addition	446
to or as an alternative to the authority otherwise granted by	447
division (A)(1) of this section, may elect to procure coverage for	448
health care services, for or on behalf of such of its employees as	449
it may determine, by means of policies, contracts, certificates,	450
or agreements issued by at least two health insuring corporations	451
holding a certificate of authority under Chapter 1751. of the	452
Revised Code and may pay from funds under the governing board's	453
control and available for such purpose all or any portion of the	454
cost of such coverage.	455

(2) Make payments to a custodial account for investment in	456
regulated investment company stock for the purpose of providing	457
retirement benefits as described in section 403(b)(7) of the	458
Internal Revenue Code of 1954, as amended. Such stock shall be	459
purchased only from persons authorized to sell such stock in this	460
state.	461

Any income of an employee deferred under divisions (A)(1) and	462
(2) of this section in a deferred compensation program eligible	463
for favorable tax treatment under the Internal Revenue Code of	464
1954, as amended, shall continue to be included as regular	465
compensation for the purpose of computing the contributions to and	466
benefits from the retirement system of such employee. Any sum so	467
deferred shall not be included in the computation of any federal	468
and state income taxes withheld on behalf of any such employee.	469

(B) All or any portion of the cost, premium, or charge	470
therefor may be paid in such other manner or combination of	471
manners as the governing board may determine, including direct	472
payment by the employee in cases under division (A)(1) of this	473
section, and, if authorized in writing by the employee in cases	474
under division (A)(1) or (2) of this section, by such governing	475
board with moneys made available by deduction from or reduction in	476
salary or wages or by the foregoing of a salary or wage increase.	477
Nothing in section 3917.01 or section 3917.06 of the Revised Code	478
shall prohibit the issuance or purchase of group life insurance	479
authorized by this section by reason of payment of premiums	480
therefor by the governing board from its funds, and such group	481
life insurance may be so issued and purchased if otherwise	482
consistent with the provisions of sections 3917.01 to 3917.07 of	483
the Revised Code.	484

(C) The board of education of any school district may	485
exercise any of the powers granted to the governing boards of	486
public institutions of higher education under divisions (A) and	487
(B) of this section~~, except in relation to~~; however, nothing in	488
this division shall be construed to allow a board of education to	489
bargain collectively regarding the provision of health care	490
benefits ~~to employees. All health care benefits provided to~~	491
~~persons employed by the public schools of this state shall be~~	492
~~health care plans that contain best practices established by the~~	493
~~school employees health care board pursuant to~~as that term is	494
defined in section ~~9.901~~124.81 of the Revised Code.	495

Sec. 102.02. (A) Except as otherwise provided in division	496
(H) of this section, all of the following shall file with the	497
appropriate ethics commission the disclosure statement described	498
in this division on a form prescribed by the appropriate	499
commission: every person who is elected to or is a candidate for a	500
state, county, or city office and every person who is appointed to	501
fill a vacancy for an unexpired term in such an elective office;	502
all members of the state board of education; the director,	503
assistant directors, deputy directors, division chiefs, or persons	504
of equivalent rank of any administrative department of the state;	505
the president or other chief administrative officer of every state	506
institution of higher education as defined in section 3345.011 of	507
the Revised Code; the executive director and the members of the	508
capitol square review and advisory board appointed or employed	509
pursuant to section 105.41 of the Revised Code; all members of the	510
Ohio casino control commission, the executive director of the	511
commission, all professional employees of the commission, and all	512
technical employees of the commission who perform an internal	513
audit function; the chief executive officer and the members of the	514
board of each state retirement system; each employee of a state	515
retirement board who is a state retirement system investment	516
officer licensed pursuant to section 1707.163 of the Revised Code;	517
the members of the Ohio retirement study council appointed	518
pursuant to division (C) of section 171.01 of the Revised Code;	519
employees of the Ohio retirement study council, other than	520
employees who perform purely administrative or clerical functions;	521
the administrator of workers' compensation and each member of the	522
bureau of workers' compensation board of directors; the bureau of	523
workers' compensation director of investments; the chief	524
investment officer of the bureau of workers' compensation; the	525
director appointed by the workers' compensation council; all	526
members of the board of commissioners on grievances and discipline	527
of the supreme court and the ethics commission created under	528
section 102.05 of the Revised Code; every business manager,	529
treasurer, or superintendent of a city, local, exempted village,	530
joint vocational, or cooperative education school district or an	531
educational service center; every person who is elected to or is a	532
candidate for the office of member of a board of education of a	533
city, local, exempted village, joint vocational, or cooperative	534
education school district or of a governing board of an	535
educational service center that has a total student count of	536
twelve thousand or more as most recently determined by the	537
department of education pursuant to section 3317.03 of the Revised	538
Code; every person who is appointed to the board of education of a	539
municipal school district pursuant to division (B) or (F) of	540
section 3311.71 of the Revised Code; all members of the board of	541
directors of a sanitary district that is established under Chapter	542
6115. of the Revised Code and organized wholly for the purpose of	543
providing a water supply for domestic, municipal, and public use,	544
and that includes two municipal corporations in two counties;	545
every public official or employee who iswould be paid a salary or	546
wage in accordance with schedule C prescribed in the version of	547
section 124.15 of the Revised Code in effect immediately prior to	548
the effective date of this amendment or schedule E-2 prescribed in	549
the version of section 124.152 of the Revised Code in effect	550
immediately prior to the effective date of this amendment; members	551
of the board of trustees and the executive director of the	552
southern Ohio agricultural and community development foundation;	553
all members appointed to the Ohio livestock care standards board	554
under section 904.02 of the Revised Code; and every other public	555
official or employee who is designated by the appropriate ethics	556
commission pursuant to division (B) of this section.	557

The disclosure statement shall include all of the following:

558

(1) The name of the person filing the statement and each	559
member of the person's immediate family and all names under which	560
the person or members of the person's immediate family do	561
business;	562

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	563
and except as otherwise provided in section 102.022 of the Revised	564
Code, identification of every source of income, other than income	565
from a legislative agent identified in division (A)(2)(b) of this	566
section, received during the preceding calendar year, in the	567
person's own name or by any other person for the person's use or	568
benefit, by the person filing the statement, and a brief	569
description of the nature of the services for which the income was	570
received. If the person filing the statement is a member of the	571
general assembly, the statement shall identify the amount of every	572
source of income received in accordance with the following ranges	573
of amounts: zero or more, but less than one thousand dollars; one	574
thousand dollars or more, but less than ten thousand dollars; ten	575
thousand dollars or more, but less than twenty-five thousand	576
dollars; twenty-five thousand dollars or more, but less than fifty	577
thousand dollars; fifty thousand dollars or more, but less than	578
one hundred thousand dollars; and one hundred thousand dollars or	579
more. Division (A)(2)(a) of this section shall not be construed to	580
require a person filing the statement who derives income from a	581
business or profession to disclose the individual items of income	582
that constitute the gross income of that business or profession,	583
except for those individual items of income that are attributable	584
to the person's or, if the income is shared with the person, the	585
partner's, solicitation of services or goods or performance,	586
arrangement, or facilitation of services or provision of goods on	587
behalf of the business or profession of clients, including	588
corporate clients, who are legislative agents. A person who files	589
the statement under this section shall disclose the identity of	590
and the amount of income received from a person who the public	591
official or employee knows or has reason to know is doing or	592
seeking to do business of any kind with the public official's or	593
employee's agency.	594

(b) If the person filing the statement is a member of the	595
general assembly, the statement shall identify every source of	596
income and the amount of that income that was received from a	597
legislative agent during the preceding calendar year, in the	598
person's own name or by any other person for the person's use or	599
benefit, by the person filing the statement, and a brief	600
description of the nature of the services for which the income was	601
received. Division (A)(2)(b) of this section requires the	602
disclosure of clients of attorneys or persons licensed under	603
section 4732.12 of the Revised Code, or patients of persons	604
certified under section 4731.14 of the Revised Code, if those	605
clients or patients are legislative agents. Division (A)(2)(b) of	606
this section requires a person filing the statement who derives	607
income from a business or profession to disclose those individual	608
items of income that constitute the gross income of that business	609
or profession that are received from legislative agents.	610

(c) Except as otherwise provided in division (A)(2)(c) of	611
this section, division (A)(2)(a) of this section applies to	612
attorneys, physicians, and other persons who engage in the	613
practice of a profession and who, pursuant to a section of the	614
Revised Code, the common law of this state, a code of ethics	615
applicable to the profession, or otherwise, generally are required	616
not to reveal, disclose, or use confidences of clients, patients,	617
or other recipients of professional services except under	618
specified circumstances or generally are required to maintain	619
those types of confidences as privileged communications except	620
under specified circumstances. Division (A)(2)(a) of this section	621
does not require an attorney, physician, or other professional	622
subject to a confidentiality requirement as described in division	623
(A)(2)(c) of this section to disclose the name, other identity, or	624
address of a client, patient, or other recipient of professional	625
services if the disclosure would threaten the client, patient, or	626
other recipient of professional services, would reveal details of	627
the subject matter for which legal, medical, or professional	628
advice or other services were sought, or would reveal an otherwise	629
privileged communication involving the client, patient, or other	630
recipient of professional services. Division (A)(2)(a) of this	631
section does not require an attorney, physician, or other	632
professional subject to a confidentiality requirement as described	633
in division (A)(2)(c) of this section to disclose in the brief	634
description of the nature of services required by division	635
(A)(2)(a) of this section any information pertaining to specific	636
professional services rendered for a client, patient, or other	637
recipient of professional services that would reveal details of	638
the subject matter for which legal, medical, or professional	639
advice was sought or would reveal an otherwise privileged	640
communication involving the client, patient, or other recipient of	641
professional services.	642

(3) The name of every corporation on file with the secretary	643
of state that is incorporated in this state or holds a certificate	644
of compliance authorizing it to do business in this state, trust,	645
business trust, partnership, or association that transacts	646
business in this state in which the person filing the statement or	647
any other person for the person's use and benefit had during the	648
preceding calendar year an investment of over one thousand dollars	649
at fair market value as of the thirty-first day of December of the	650
preceding calendar year, or the date of disposition, whichever is	651
earlier, or in which the person holds any office or has a	652
fiduciary relationship, and a description of the nature of the	653
investment, office, or relationship. Division (A)(3) of this	654
section does not require disclosure of the name of any bank,	655
savings and loan association, credit union, or building and loan	656
association with which the person filing the statement has a	657
deposit or a withdrawable share account.	658

(4) All fee simple and leasehold interests to which the	659
person filing the statement holds legal title to or a beneficial	660
interest in real property located within the state, excluding the	661
person's residence and property used primarily for personal	662
recreation;	663

(5) The names of all persons residing or transacting business	664
in the state to whom the person filing the statement owes, in the	665
person's own name or in the name of any other person, more than	666
one thousand dollars. Division (A)(5) of this section shall not be	667
construed to require the disclosure of debts owed by the person	668
resulting from the ordinary conduct of a business or profession or	669
debts on the person's residence or real property used primarily	670
for personal recreation, except that the superintendent of	671
financial institutions shall disclose the names of all	672
state-chartered savings and loan associations and of all service	673
corporations subject to regulation under division (E)(2) of	674
section 1151.34 of the Revised Code to whom the superintendent in	675
the superintendent's own name or in the name of any other person	676
owes any money, and that the superintendent and any deputy	677
superintendent of banks shall disclose the names of all	678
state-chartered banks and all bank subsidiary corporations subject	679
to regulation under section 1109.44 of the Revised Code to whom	680
the superintendent or deputy superintendent owes any money.	681

(6) The names of all persons residing or transacting business	682
in the state, other than a depository excluded under division	683
(A)(3) of this section, who owe more than one thousand dollars to	684
the person filing the statement, either in the person's own name	685
or to any person for the person's use or benefit. Division (A)(6)	686
of this section shall not be construed to require the disclosure	687
of clients of attorneys or persons licensed under section 4732.12	688
or 4732.15 of the Revised Code, or patients of persons certified	689
under section 4731.14 of the Revised Code, nor the disclosure of	690
debts owed to the person resulting from the ordinary conduct of a	691
business or profession.	692

(7) Except as otherwise provided in section 102.022 of the	693
Revised Code, the source of each gift of over seventy-five	694
dollars, or of each gift of over twenty-five dollars received by a	695
member of the general assembly from a legislative agent, received	696
by the person in the person's own name or by any other person for	697
the person's use or benefit during the preceding calendar year,	698
except gifts received by will or by virtue of section 2105.06 of	699
the Revised Code, or received from spouses, parents, grandparents,	700
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	701
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	702
fathers-in-law, mothers-in-law, or any person to whom the person	703
filing the statement stands in loco parentis, or received by way	704
of distribution from any inter vivos or testamentary trust	705
established by a spouse or by an ancestor;	706

(8) Except as otherwise provided in section 102.022 of the	707
Revised Code, identification of the source and amount of every	708
payment of expenses incurred for travel to destinations inside or	709
outside this state that is received by the person in the person's	710
own name or by any other person for the person's use or benefit	711
and that is incurred in connection with the person's official	712
duties, except for expenses for travel to meetings or conventions	713
of a national or state organization to which any state agency,	714
including, but not limited to, any legislative agency or state	715
institution of higher education as defined in section 3345.011 of	716
the Revised Code, pays membership dues, or any political	717
subdivision or any office or agency of a political subdivision	718
pays membership dues;	719

(9) Except as otherwise provided in section 102.022 of the	720
Revised Code, identification of the source of payment of expenses	721
for meals and other food and beverages, other than for meals and	722
other food and beverages provided at a meeting at which the person	723
participated in a panel, seminar, or speaking engagement or at a	724
meeting or convention of a national or state organization to which	725
any state agency, including, but not limited to, any legislative	726
agency or state institution of higher education as defined in	727
section 3345.011 of the Revised Code, pays membership dues, or any	728
political subdivision or any office or agency of a political	729
subdivision pays membership dues, that are incurred in connection	730
with the person's official duties and that exceed one hundred	731
dollars aggregated per calendar year;	732

(10) If the disclosure statement is filed by a public	733
official or employee described in division (B)(2) of section	734
101.73 of the Revised Code or division (B)(2) of section 121.63 of	735
the Revised Code who receives a statement from a legislative	736
agent, executive agency lobbyist, or employer that contains the	737
information described in division (F)(2) of section 101.73 of the	738
Revised Code or division (G)(2) of section 121.63 of the Revised	739
Code, all of the nondisputed information contained in the	740
statement delivered to that public official or employee by the	741
legislative agent, executive agency lobbyist, or employer under	742
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	743
the Revised Code.	744

A person may file a statement required by this section in	745
person or by mail. A person who is a candidate for elective office	746
shall file the statement no later than the thirtieth day before	747
the primary, special, or general election at which the candidacy	748
is to be voted on, whichever election occurs soonest, except that	749
a person who is a write-in candidate shall file the statement no	750
later than the twentieth day before the earliest election at which	751
the person's candidacy is to be voted on. A person who holds	752
elective office shall file the statement on or before the	753
fifteenth day of April of each year unless the person is a	754
candidate for office. A person who is appointed to fill a vacancy	755
for an unexpired term in an elective office shall file the	756
statement within fifteen days after the person qualifies for	757
office. Other persons shall file an annual statement on or before	758
the fifteenth day of April or, if appointed or employed after that	759
date, within ninety days after appointment or employment. No	760
person shall be required to file with the appropriate ethics	761
commission more than one statement or pay more than one filing fee	762
for any one calendar year.	763

The appropriate ethics commission, for good cause, may extend	764
for a reasonable time the deadline for filing a statement under	765
this section.	766

A statement filed under this section is subject to public	767
inspection at locations designated by the appropriate ethics	768
commission except as otherwise provided in this section.	769

(B) The Ohio ethics commission, the joint legislative ethics	770
committee, and the board of commissioners on grievances and	771
discipline of the supreme court, using the rule-making procedures	772
of Chapter 119. of the Revised Code, may require any class of	773
public officials or employees under its jurisdiction and not	774
specifically excluded by this section whose positions involve a	775
substantial and material exercise of administrative discretion in	776
the formulation of public policy, expenditure of public funds,	777
enforcement of laws and rules of the state or a county or city, or	778
the execution of other public trusts, to file an annual statement	779
on or before the fifteenth day of April under division (A) of this	780
section. The appropriate ethics commission shall send the public	781
officials or employees written notice of the requirement by the	782
fifteenth day of February of each year the filing is required	783
unless the public official or employee is appointed after that	784
date, in which case the notice shall be sent within thirty days	785
after appointment, and the filing shall be made not later than	786
ninety days after appointment.	787

Except for disclosure statements filed by members of the	788
board of trustees and the executive director of the southern Ohio	789
agricultural and community development foundation, disclosure	790
statements filed under this division with the Ohio ethics	791
commission by members of boards, commissions, or bureaus of the	792
state for which no compensation is received other than reasonable	793
and necessary expenses shall be kept confidential. Disclosure	794
statements filed with the Ohio ethics commission under division	795
(A) of this section by business managers, treasurers, and	796
superintendents of city, local, exempted village, joint	797
vocational, or cooperative education school districts or	798
educational service centers shall be kept confidential, except	799
that any person conducting an audit of any such school district or	800
educational service center pursuant to section 115.56 or Chapter	801
117. of the Revised Code may examine the disclosure statement of	802
any business manager, treasurer, or superintendent of that school	803
district or educational service center. The Ohio ethics commission	804
shall examine each disclosure statement required to be kept	805
confidential to determine whether a potential conflict of interest	806
exists for the person who filed the disclosure statement. A	807
potential conflict of interest exists if the private interests of	808
the person, as indicated by the person's disclosure statement,	809
might interfere with the public interests the person is required	810
to serve in the exercise of the person's authority and duties in	811
the person's office or position of employment. If the commission	812
determines that a potential conflict of interest exists, it shall	813
notify the person who filed the disclosure statement and shall	814
make the portions of the disclosure statement that indicate a	815
potential conflict of interest subject to public inspection in the	816
same manner as is provided for other disclosure statements. Any	817
portion of the disclosure statement that the commission determines	818
does not indicate a potential conflict of interest shall be kept	819
confidential by the commission and shall not be made subject to	820
public inspection, except as is necessary for the enforcement of	821
Chapters 102. and 2921. of the Revised Code and except as	822
otherwise provided in this division.	823

(C) No person shall knowingly fail to file, on or before the	824
applicable filing deadline established under this section, a	825
statement that is required by this section.	826

(D) No person shall knowingly file a false statement that is	827
required to be filed under this section.	828

(E)(1) Except as provided in divisions (E)(2) and (3) of this	829
section, the statement required by division (A) or (B) of this	830
section shall be accompanied by a filing fee of forty dollars.	831

(2) The statement required by division (A) of this section	832
shall be accompanied by the following filing fee to be paid by the	833
person who is elected or appointed to, or is a candidate for, any	834
of the following offices:	835

For state office, except member of the		836
state board of education	$65	837
For office of member of general assembly	$40	838
For county office	$40	839
For city office	$25	840
For office of member of the state board		841
of education	$25	842
For office of member of the Ohio		843
livestock care standards board	$25	844
For office of member of a city, local,		845
exempted village, or cooperative		846
education board of		847
education or educational service		848
center governing board	$20	849
For position of business manager,		850
treasurer, or superintendent of a		851
city, local, exempted village, joint		852
vocational, or cooperative education		853
school district or		854
educational service center	$20	855

(3) No judge of a court of record or candidate for judge of a	856
court of record, and no referee or magistrate serving a court of	857
record, shall be required to pay the fee required under division	858
(E)(1) or (2) or (F) of this section.	859

(4) For any public official who is appointed to a nonelective	860
office of the state and for any employee who holds a nonelective	861
position in a public agency of the state, the state agency that is	862
the primary employer of the state official or employee shall pay	863
the fee required under division (E)(1) or (F) of this section.	864

(F) If a statement required to be filed under this section is	865
not filed by the date on which it is required to be filed, the	866
appropriate ethics commission shall assess the person required to	867
file the statement a late filing fee of ten dollars for each day	868
the statement is not filed, except that the total amount of the	869
late filing fee shall not exceed two hundred fifty dollars.	870

(G)(1) The appropriate ethics commission other than the Ohio	871
ethics commission and the joint legislative ethics committee shall	872
deposit all fees it receives under divisions (E) and (F) of this	873
section into the general revenue fund of the state.	874

(2) The Ohio ethics commission shall deposit all receipts,	875
including, but not limited to, fees it receives under divisions	876
(E) and (F) of this section and all moneys it receives from	877
settlements under division (G) of section 102.06 of the Revised	878
Code, into the Ohio ethics commission fund, which is hereby	879
created in the state treasury. All moneys credited to the fund	880
shall be used solely for expenses related to the operation and	881
statutory functions of the commission.	882

(3) The joint legislative ethics committee shall deposit all	883
receipts it receives from the payment of financial disclosure	884
statement filing fees under divisions (E) and (F) of this section	885
into the joint legislative ethics committee investigative fund.	886

(H) Division (A) of this section does not apply to a person	887
elected or appointed to the office of precinct, ward, or district	888
committee member under Chapter 3517. of the Revised Code; a	889
presidential elector; a delegate to a national convention; village	890
or township officials and employees; any physician or psychiatrist	891
who iswould be paid a salary or wage in accordance with schedule	892
C as prescribed by the version of section 124.15 of the Revised	893
Code in effect immediately prior to the effective date of this	894
amendment or schedule E-2 as prescribed by the version of section	895
124.152 of the Revised Code in effect immediately prior to the	896
effective date of this amendment and whose primary duties do not	897
require the exercise of administrative discretion; or any member	898
of a board, commission, or bureau of any county or city who	899
receives less than one thousand dollars per year for serving in	900
that position.	901

Sec. 103.74. The correctional institution inspection	902
committee may employ a director and any other nonlegal staff, who	903
shall be in the unclassified service of the state, that are	904
necessary for the committee to carry out its duties and may	905
contract for the services of whatever nonlegal technical advisors	906
are necessary for the committee to carry out its duties. The	907
attorney general shall act as legal counsel to the committee.	908

The chairperson and vice-chairperson of the legislative	909
service commission shall fix the compensation of the director. The	910
director, with the approval of the director of the legislative	911
service commission, shall fix the compensation of other staff of	912
the committee in accordance with a salary schedule established by	913
the director of the legislative service commission. The director	914
of the legislative service commission, when establishing the	915
salary schedule, shall require merit to be the only basis, and the	916
director of the correctional institution inspection committee	917
shall use merit as the only basis for an employee's progression	918
through the schedule. Contracts for the services of necessary	919
technical advisors shall be approved by the director of the	920
legislative service commission.	921

The general assembly shall biennially appropriate to the	922
correctional institution inspection committee an amount sufficient	923
to enable the committee to perform its duties. Salaries and	924
expenses incurred by the committee shall be paid from that	925
appropriation upon vouchers approved by the chairperson of the	926
committee.	927

Sec. 109.33. The attorney general may appoint, with salaries	928
fixed ~~pursuant to section 124.15 or 124.152 of the Revised Code~~by	929
the attorney general based on merit, such assistants and may	930
employ such stenographers and clerks as may be necessary to carry	931
out sections 109.23 to 109.33 of the Revised Code. The attorney	932
general may also employ experts for assistance in any specific	933
matter at a reasonable rate of compensation.	934

Sec. 120.40. The ~~pay ranges established~~salary or wage fixed	935
by the board of county commissioners for the county public	936
defender and staff, and those established by the joint board of	937
county commissioners for the joint county public defender and	938
staff, shall not exceed the ~~pay ranges assigned~~highest salary or	939
wage fixed under section 124.14 of the Revised Code for comparable	940
positions of the Ohio public defender and staff.	941

Sec. 121.40. (A) There is hereby created the Ohio community	942
service council consisting of twenty-one voting members including	943
the superintendent of public instruction or the superintendent's	944
designee, the chancellor of the Ohio board of regents or the	945
chancellor's designee, the director of youth services or the	946
director's designee, the director of aging or the director's	947
designee, the chairperson of the committee of the house of	948
representatives dealing with education or the chairperson's	949
designee, the chairperson of the committee of the senate dealing	950
with education or the chairperson's designee, and fifteen members	951
who shall be appointed by the governor with the advice and consent	952
of the senate and who shall serve terms of office of three years.	953
The appointees shall include educators, including teachers and	954
administrators; representatives of youth organizations; students	955
and parents; representatives of organizations engaged in volunteer	956
program development and management throughout the state, including	957
youth and conservation programs; and representatives of business,	958
government, nonprofit organizations, social service agencies,	959
veterans organizations, religious organizations, or philanthropies	960
that support or encourage volunteerism within the state. The	961
director of the governor's office of faith-based and community	962
initiatives shall serve as a nonvoting ex officio member of the	963
council. Members of the council shall receive no compensation, but	964
shall be reimbursed for actual and necessary expenses incurred in	965
the performance of their official duties.	966

(B) The council shall appoint an executive director for the	967
council, who shall be in the unclassified civil service. The	968
governor shall be informed of the appointment of an executive	969
director before such an appointment is made. The executive	970
director shall supervise the council's activities and report to	971
the council on the progress of those activities. The executive	972
director shall do all things necessary for the efficient and	973
effective implementation of the duties of the council.	974

The responsibilities assigned to the executive director do	975
not relieve the members of the council from final responsibility	976
for the proper performance of the requirements of this section.	977

(C) The council or its designee shall do all of the	978
following:	979

(1) Employ, promote, supervise, and remove all employees as	980
needed in connection with the performance of its duties under this	981
section and may assign duties to those employees as necessary to	982
achieve the most efficient performance of its functions, and to	983
that end may establish, change, or abolish positions, and assign	984
and reassign duties and responsibilities of any employee of the	985
council. ~~Personnel employed by the council who are subject to~~	986
~~Chapter 4117. of the Revised Code shall retain all of their rights~~	987
~~and benefits conferred pursuant to that chapter. Nothing in this~~	988
~~chapter shall be construed as eliminating or interfering with~~	989
~~Chapter 4117. of the Revised Code or the rights and benefits~~	990
~~conferred under that chapter to public employees or to any~~	991
~~bargaining unit.~~	992

(2) Maintain its office in Columbus, and may hold sessions at	993
any place within the state;	994

(3) Acquire facilities, equipment, and supplies necessary to	995
house the council, its employees, and files and records under its	996
control, and to discharge any duty imposed upon it by law. The	997
expense of these acquisitions shall be audited and paid for in the	998
same manner as other state expenses. For that purpose, the council	999
shall prepare and submit to the office of budget and management a	1000
budget for each biennium according to sections 101.532 and 107.03	1001
of the Revised Code. The budget submitted shall cover the costs of	1002
the council and its staff in the discharge of any duty imposed	1003
upon the council by law. The council shall not delegate any	1004
authority to obligate funds.	1005

(4) Pay its own payroll and other operating expenses from	1006
line items designated by the general assembly;	1007

(5) Retain its fiduciary responsibility as appointing	1008
authority. Any transaction instructions shall be certified by the	1009
appointing authority or its designee.	1010

(6) Establish the overall policy and management of the	1011
council in accordance with this chapter;	1012

(7) Assist in coordinating and preparing the state	1013
application for funds under sections 101 to 184 of the "National	1014
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	1015
U.S.C.A. 12411 to 12544, as amended, assist in administering and	1016
overseeing the "National and Community Service Trust Act of 1993,"	1017
P.L. 103-82, 107 Stat. 785, and the americorps program in this	1018
state, and assist in developing objectives for a comprehensive	1019
strategy to encourage and expand community service programs	1020
throughout the state;	1021

(8) Assist the state board of education, school districts,	1022
the chancellor of the board of regents, and institutions of higher	1023
education in coordinating community service education programs	1024
through cooperative efforts between institutions and organizations	1025
in the public and private sectors;	1026

(9) Assist the departments of natural resources, youth	1027
services, aging, and job and family services in coordinating	1028
community service programs through cooperative efforts between	1029
institutions and organizations in the public and private sectors;	1030

(10) Suggest individuals and organizations that are available	1031
to assist school districts, institutions of higher education, and	1032
the departments of natural resources, youth services, aging, and	1033
job and family services in the establishment of community service	1034
programs and assist in investigating sources of funding for	1035
implementing these programs;	1036

(11) Assist in evaluating the state's efforts in providing	1037
community service programs using standards and methods that are	1038
consistent with any statewide objectives for these programs and	1039
provide information to the state board of education, school	1040
districts, the chancellor of the board of regents, institutions of	1041
higher education, and the departments of natural resources, youth	1042
services, aging, and job and family services to guide them in	1043
making decisions about these programs;	1044

(12) Assist the state board of education in complying with	1045
section 3301.70 of the Revised Code and the chancellor of the	1046
board of regents in complying with division (B)(2) of section	1047
3333.043 of the Revised Code;	1048

(13) Advise, assist, consult with, and cooperate with, by	1049
contract or otherwise, agencies and political subdivisions of this	1050
state in establishing a statewide system for volunteers pursuant	1051
to section 121.404 of the Revised Code.	1052

(D) The council shall in writing enter into an agreement with	1053
another state agency to serve as the council's fiscal agent.	1054
Before entering into such an agreement, the council shall inform	1055
the governor of the terms of the agreement and of the state agency	1056
designated to serve as the council's fiscal agent. The fiscal	1057
agent shall be responsible for all the council's fiscal matters	1058
and financial transactions, as specified in the agreement.	1059
Services to be provided by the fiscal agent include, but are not	1060
limited to, the following:	1061

(1) Preparing and processing payroll and other personnel	1062
documents that the council executes as the appointing authority;	1063

(2) Maintaining ledgers of accounts and reports of account	1064
balances, and monitoring budgets and allotment plans in	1065
consultation with the council; and	1066

(3) Performing other routine support services that the fiscal	1067
agent considers appropriate to achieve efficiency.	1068

(E)(1) The council, in conjunction and consultation with the	1069
fiscal agent, has the following authority and responsibility	1070
relative to fiscal matters:	1071

(a) Sole authority to draw funds for any and all federal	1072
programs in which the council is authorized to participate;	1073

(b) Sole authority to expend funds from their accounts for	1074
programs and any other necessary expenses the council may incur	1075
and its subgrantees may incur; and	1076

(c) Responsibility to cooperate with and inform the fiscal	1077
agent fully of all financial transactions.	1078

(2) The council shall follow all state procurement, fiscal,	1079
human resources, statutory, and administrative rule requirements.	1080

(3) The fiscal agent shall determine fees to be charged to	1081
the council, which shall be in proportion to the services	1082
performed for the council.	1083

(4) The council shall pay fees owed to the fiscal agent from	1084
a general revenue fund of the council or from any other fund from	1085
which the operating expenses of the council are paid. Any amounts	1086
set aside for a fiscal year for the payment of these fees shall be	1087
used only for the services performed for the council by the fiscal	1088
agent in that fiscal year.	1089

(F) The council may accept and administer grants from any	1090
source, public or private, to carry out any of the council's	1091
functions this section establishes.	1092

Sec. 122.40. (A) There is hereby created the development	1093
financing advisory council to assist in carrying out the programs	1094
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	1095
the Revised Code.	1096

(B) The council shall consist of eight members appointed by	1097
the governor, with the advice and consent of the senate, who are	1098
selected for their knowledge of and experience in economic	1099
development financing, one member of the senate appointed by the	1100
president of the senate, one member of the house of	1101
representatives appointed by the speaker of the house of	1102
representatives, and the director of development or the director's	1103
designee. With respect to the council:	1104

(1) No more than four members of the council appointed by the	1105
governor shall be members of the same political party.	1106

(2) Each member shall hold office from the date of the	1107
member's appointment until the end of the term for which the	1108
member was appointed.	1109

(3) The terms of office for the eight members appointed by	1110
the governor shall be for five years commencing on the first day	1111
of January and ending on the thirty-first day of December. The	1112
members appointed by the governor who are serving terms of office	1113
of seven years on December 30, 2004, shall continue to serve those	1114
terms, but their successors in office, including the filling of a	1115
vacancy occurring prior to the expiration of those terms, shall be	1116
appointed for terms of five years in accordance with this	1117
division.	1118

(4) Any member of the council is eligible for reappointment.

1119

(5) As a term of a member of the council appointed by the	1120
governor expires, the governor shall appoint a successor with the	1121
advice and consent of the senate.	1122

(6) Except as otherwise provided in division (B)(3) of this	1123
section, any member appointed to fill a vacancy occurring prior to	1124
the expiration of the term for which the member's predecessor was	1125
appointed shall hold office for the remainder of the predecessor's	1126
term.	1127

(7) Any member shall continue in office subsequent to the	1128
expiration date of the member's term until the member's successor	1129
takes office, or until a period of sixty days has elapsed,	1130
whichever occurs first.	1131

(8) Before entering upon duties as a member of the council,	1132
each member shall take an oath provided by Section 7 of Article	1133
XV, Ohio Constitution.	1134

(9) The governor may, at any time, remove any nonlegislative	1135
member pursuant to section 3.04 of the Revised Code.	1136

(10) Members of the council, notwithstanding section 101.26	1137
of the Revised Code with respect to members who are members of the	1138
general assembly, shall receive their necessary and actual	1139
expenses while engaged in the business of the council and shall be	1140
paid at ~~the~~a per diem rate ~~of step 1, pay range 31, of~~determined	1141
under division (A) of section 124.15 of the Revised Code.	1142

(11) Six members of the council constitute a quorum and the	1143
affirmative vote of six members is necessary for any action taken	1144
by the council.	1145

(12) In the event of the absence of a member appointed by the	1146
president of the senate or by the speaker of the house of	1147
representatives, the following persons may serve in the member's	1148
absence: the president of the senate or the speaker of the house,	1149
as the case may be, or a member of the senate or of the house of	1150
representatives, of the same political party as the development	1151
financing advisory council member, designated by the president of	1152
the senate or the speaker of the house.	1153

Sec. 122.64. (A) There is hereby established in the	1154
department of development a division of economic development. The	1155
division shall be supervised by a deputy director appointed by the	1156
director of development.	1157

The division is responsible for the administration of the	1158
state economic development financing programs established pursuant	1159
to sections 122.17 and 122.18, sections 122.39 to 122.62, and	1160
Chapter 166. of the Revised Code and for coordinating the	1161
activities of the development financing advisory council so as to	1162
ensure the efficient administration of the programs.	1163

(B) The director of development shall:

1164

(1) Appoint an individual to serve as director of the	1165
development financing advisory council;	1166

(2) Receive applications for assistance pursuant to sections	1167
122.39 to 122.62 and Chapter 166. of the Revised Code. The	1168
director shall process the applications and, except as provided in	1169
division (C)(2) of section 166.05 of the Revised Code, forward	1170
them to the development financing advisory council. As	1171
appropriate, the director shall receive the recommendations of the	1172
council as to applications for assistance.	1173

(3) With the approval of the director of administrative	1174
services, establish salary schedules for employees of the various	1175
positions of employment with the division and assign the various	1176
positions to those salary schedules;	1177

(4) Furnish and pay for, out of funds appropriated to the	1178
department of development for that purpose, office space and	1179
associated utilities service, for the development financing	1180
advisory council;	1181

(5) Employ and fix the compensation of financial consultants,	1182
appraisers, consulting engineers, superintendents, managers,	1183
construction and accounting experts, attorneys, and other agents	1184
for the assistance programs authorized pursuant to sections 122.17	1185
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the	1186
Revised Code as are necessary;	1187

(6) Supervise the administrative operations of the division;

1188

(7) On or before the first day of October in each year, make	1189
an annual report of the activities and operations under assistance	1190
programs authorized pursuant to sections 122.39 to 122.62 and	1191
Chapter 166. of the Revised Code for the preceding fiscal year to	1192
the governor and the general assembly. Each such report shall set	1193
forth a complete operating and financial statement covering such	1194
activities and operations during the year in accordance with	1195
generally accepted accounting principles and shall be audited by a	1196
certified public accountant. The director of development shall	1197
transmit a copy of the audited financial report to the office of	1198
budget and management.	1199

(C) The director of development, when establishing the salary	1200
schedules required under division (B)(3) of this section, shall	1201
use merit as the only basis for an employee's progression through	1202
the schedule.	1203

Sec. 122.72. (A) There is hereby created the minority	1204
development financing advisory board to assist in carrying out the	1205
programs created pursuant to sections 122.71 to 122.89 of the	1206
Revised Code.	1207

(B) The board shall consist of ten members. The director of	1208
development or the director's designee shall be a voting member on	1209
the board. Seven members shall be appointed by the governor with	1210
the advice and consent of the senate and selected because of their	1211
knowledge of and experience in industrial, business, and	1212
commercial financing, suretyship, construction, and their	1213
understanding of the problems of minority business enterprises;	1214
one member also shall be a member of the senate and appointed by	1215
the president of the senate, and one member also shall be a member	1216
of the house of representatives and appointed by the speaker of	1217
the house of representatives. With respect to the board, all of	1218
the following apply:	1219

(1) Not more than four of the members of the board appointed	1220
by the governor shall be of the same political party.	1221

(2) Each member shall hold office from the date of the	1222
member's appointment until the end of the term for which the	1223
member was appointed.	1224

(3) The terms of office for the seven members appointed by	1225
the governor shall be for seven years, commencing on the first day	1226
of October and ending on the thirtieth day of September of the	1227
seventh year, except that of the original seven members, three	1228
shall be appointed for three years and two shall be appointed for	1229
five years.	1230

(4) Any member of the board is eligible for reappointment.

1231

(5) Any member appointed to fill a vacancy occurring prior to	1232
the expiration of the term for which the member's predecessor was	1233
appointed shall hold office for the remainder of the predecessor's	1234
term.	1235

(6) Any member shall continue in office subsequent to the	1236
expiration date of the member's term until the member's successor	1237
takes office, or until a period of sixty days has elapsed,	1238
whichever occurs first.	1239

(7) Before entering upon official duties as a member of the	1240
board, each member shall take an oath as provided by Section 7 of	1241
Article XV, Ohio Constitution.	1242

(8) The governor may, at any time, remove any member	1243
appointed by the governor pursuant to section 3.04 of the Revised	1244
Code.	1245

(9) Notwithstanding section 101.26 of the Revised Code,	1246
members shall receive their necessary and actual expenses while	1247
engaged in the business of the board and shall be paid at ~~the~~a	1248
per diem rate ~~of step 1 of pay range 31~~determined under division	1249
(A) of section 124.15 of the Revised Code.	1250

(10) Six members of the board constitute a quorum and the	1251
affirmative vote of six members is necessary for any action taken	1252
by the board.	1253

(11) In the event of the absence of a member appointed by the	1254
president of the senate or by the speaker of the house of	1255
representatives, either of the following persons may serve in the	1256
member's absence:	1257

(a) The president of the senate or the speaker of the house	1258
of representatives, whoever appointed the absent member;	1259

(b) A member of the senate or of the house of representatives	1260
of the same political party as the absent member, as designated by	1261
the president of the senate or the speaker of the house of	1262
representatives, whoever appointed the absent member.	1263

(12) The board shall annually elect one of its members as	1264
chairperson and another as vice-chairperson.	1265

Sec. 124.03. (A) The state personnel board of review shall	1266
exercise the following powers and perform the following duties:	1267

(1) Hear appeals, as provided by law, of employees in the	1268
classified state service from final decisions of appointing	1269
authorities or the director of administrative services relative to	1270
reduction in pay or position, job abolishments, layoff,	1271
suspension, discharge, assignment or reassignment to a new or	1272
different position classification, or refusal of the director, or	1273
anybody authorized to perform the director's functions, to	1274
reassign an employee to another classification or to reclassify	1275
the employee's position with or without a job audit under division	1276
(D) of section 124.14 of the Revised Code. As used in this	1277
division, "discharge" includes disability separations.	1278

The state personnel board of review may affirm, disaffirm, or	1279
modify the decisions of the appointing authorities or the	1280
director, as the case may be, and its decision is final. The	1281
decisions of the state personnel board of review shall be	1282
consistent with the applicable classification specifications.	1283

The state personnel board of review shall not be deprived of	1284
jurisdiction to hear any appeal due to the failure of an	1285
appointing authority to file its decision with the board. Any	1286
final decision of an appointing authority or of the director not	1287
filed in the manner provided in this chapter shall be disaffirmed.	1288

~~The state personnel board of review may place an exempt~~	1289
~~employee, as defined in section 124.152 of the Revised Code, into~~	1290
~~a bargaining unit classification, if the state personnel board of~~	1291
~~review determines that the bargaining unit classification is the~~	1292
~~proper classification for that employee. Notwithstanding Chapter~~	1293
~~4117. of the Revised Code or instruments and contracts negotiated~~	1294
~~under it, such placements are at the discretion of the state~~	1295
~~personnel board of review.~~	1296

The mere failure of an employee's appointing authority to	1297
file a statement with the department of administrative services	1298
indicating that the employee is in the unclassified civil service,	1299
or the mere late filing of such a statement, does not prevent the	1300
state personnel board of review from determining that the employee	1301
is in the unclassified civil service. In determining whether an	1302
employee is in the unclassified civil service, the state personnel	1303
board of review shall consider the inherent nature of the duties	1304
of the employee's classification during the two-year period	1305
immediately preceding the appointing authority's appealable action	1306
relating to the employee.	1307

In any hearing before the state personnel board of review,	1308
including any hearing at which a record is taken that may be the	1309
basis of an appeal to a court, an employee may be represented by a	1310
person permitted to practice before the state personnel board of	1311
review who is not an attorney at law as long as the person does	1312
not receive any compensation from the employee for the	1313
representation.	1314

(2) Hear appeals, as provided by law, of appointing	1315
authorities from final decisions of the director relative to the	1316
classification or reclassification of any position in the	1317
classified state service under the jurisdiction of that appointing	1318
authority. The state personnel board of review may affirm,	1319
disaffirm, or modify the decisions of the director, and its	1320
decision is final. The decisions of the state personnel board of	1321
review shall be consistent with the applicable classification	1322
specifications.	1323

(3) Exercise the authority provided by section 124.40 of the	1324
Revised Code, for appointment, removal, and supervision of	1325
municipal and civil service township civil service commissions;	1326

(4) Utilize employees provided by the state employment	1327
relations board in the exercise of the powers and performance of	1328
the duties and functions of the state personnel board of review	1329
under this chapter;	1330

(5) Maintain a journal that shall be open to public	1331
inspection, in which it shall keep a record of all of its	1332
proceedings and of the vote of each of its members upon every	1333
action taken by it;	1334

(6) Adopt rules in accordance with Chapter 119. of the	1335
Revised Code relating to the procedure of the state personnel	1336
board of review in administering the laws it has the authority or	1337
duty to administer and for the purpose of invoking the	1338
jurisdiction of the state personnel board of review in hearing	1339
appeals of appointing authorities and employees in matters set	1340
forth in divisions (A)(1) and (2) of this section;	1341

(7) Subpoena and require the attendance and testimony of	1342
witnesses and the production of books, papers, public records, and	1343
other documentary evidence pertinent to any matter it has	1344
authority to investigate, inquire into, or hear in the same manner	1345
and to the same extent as provided by division (G) of section	1346
124.09 of the Revised Code. All witness fees shall be paid in the	1347
manner set forth in that division.	1348

(B) The state personnel board of review shall exist as a	1349
separate entity within the administrative structure of the state	1350
employment relations board.	1351

(C) The state personnel board of review shall be funded by	1352
general revenue fund appropriations. All moneys received by the	1353
state personnel board of review for copies of documents, rule	1354
books, and transcriptions shall be paid into the state treasury to	1355
the credit of the training, publications, and grants fund created	1356
in section 4117.24 of the Revised Code.	1357

Sec. 124.11. The civil service of the state and the several	1358
counties, cities, civil service townships, city health districts,	1359
general health districts, and city school districts of the state	1360
shall be divided into the unclassified service and the classified	1361
service.	1362

(A) The unclassified service shall comprise the following	1363
positions, which shall not be included in the classified service,	1364
and which shall be exempt from all examinations required by this	1365
chapter:	1366

(1) All officers elected by popular vote or persons appointed	1367
to fill vacancies in those offices;	1368

(2) All election officers as defined in section 3501.01 of	1369
the Revised Code;	1370

(3)(a) The members of all boards and commissions, and heads	1371
of principal departments, boards, and commissions appointed by the	1372
governor or by and with the governor's consent;	1373

(b) The heads of all departments appointed by a board of	1374
county commissioners;	1375

(c) The members of all boards and commissions and all heads	1376
of departments appointed by the mayor, or, if there is no mayor,	1377
such other similar chief appointing authority of any city or city	1378
school district;	1379

Except as otherwise provided in division (A)(17) or (C) of	1380
this section, this chapter does not exempt the chiefs of police	1381
departments and chiefs of fire departments of cities or civil	1382
service townships from the competitive classified service.	1383

(4) The members of county or district licensing boards or	1384
commissions and boards of revision, and not more than five deputy	1385
county auditors;	1386

(5) All officers and employees elected or appointed by either	1387
or both branches of the general assembly, and employees of the	1388
city legislative authority engaged in legislative duties;	1389

(6) All commissioned, warrant, and noncommissioned officers	1390
and enlisted persons in the Ohio organized militia, including	1391
military appointees in the adjutant general's department;	1392

(7)(a) All presidents, business managers, administrative	1393
officers, superintendents, assistant superintendents, principals,	1394
deans, assistant deans, instructors, teachers, and such employees	1395
as are engaged in educational or research duties connected with	1396
the public school system, colleges, and universities, as	1397
determined by the governing body of the public school system,	1398
colleges, and universities;	1399

(b) The library staff of any library in the state supported	1400
wholly or in part at public expense.	1401

(8) Four clerical and administrative support employees for	1402
each of the elective state officers, four clerical and	1403
administrative support employees for each board of county	1404
commissioners and one such employee for each county commissioner,	1405
and four clerical and administrative support employees for other	1406
elective officers and each of the principal appointive executive	1407
officers, boards, or commissions, except for civil service	1408
commissions, that are authorized to appoint such clerical and	1409
administrative support employees;	1410

(9) The deputies and assistants of state agencies authorized	1411
to act for and on behalf of the agency, or holding a fiduciary or	1412
administrative relation to that agency and those persons employed	1413
by and directly responsible to elected county officials or a	1414
county administrator and holding a fiduciary or administrative	1415
relationship to such elected county officials or county	1416
administrator, and the employees of such county officials whose	1417
fitness would be impracticable to determine by competitive	1418
examination, provided that division (A)(9) of this section shall	1419
not affect those persons in county employment in the classified	1420
service as of September 19, 1961. Nothing in division (A)(9) of	1421
this section applies to any position in a county department of job	1422
and family services created pursuant to Chapter 329. of the	1423
Revised Code.	1424

(10) Bailiffs, constables, official stenographers, and	1425
commissioners of courts of record, deputies of clerks of the	1426
courts of common pleas who supervise or who handle public moneys	1427
or secured documents, and such officers and employees of courts of	1428
record and such deputies of clerks of the courts of common pleas	1429
as the director of administrative services finds it impracticable	1430
to determine their fitness by competitive examination;	1431

(11) Assistants to the attorney general, special counsel	1432
appointed or employed by the attorney general, assistants to	1433
county prosecuting attorneys, and assistants to city directors of	1434
law;	1435

(12) Such teachers and employees in the agricultural	1436
experiment stations; such students in normal schools, colleges,	1437
and universities of the state who are employed by the state or a	1438
political subdivision of the state in student or intern	1439
classifications; and such unskilled labor positions as the	1440
director of administrative services or any municipal civil service	1441
commission may find it impracticable to include in the competitive	1442
classified service; provided such exemptions shall be by order of	1443
the commission or the director, duly entered on the record of the	1444
commission or the director with the reasons for each such	1445
exemption;	1446

(13) Any physician or dentist who is a full-time employee of	1447
the department of mental health, the department of developmental	1448
disabilities, or an institution under the jurisdiction of either	1449
department; and physicians who are in residency programs at the	1450
institutions;	1451

(14) Up to twenty positions at each institution under the	1452
jurisdiction of the department of mental health or the department	1453
of developmental disabilities that the department director	1454
determines to be primarily administrative or managerial; and up to	1455
fifteen positions in any division of either department, excluding	1456
administrative assistants to the director and division chiefs,	1457
which are within the immediate staff of a division chief and which	1458
the director determines to be primarily and distinctively	1459
administrative and managerial;	1460

(15) Noncitizens of the United States employed by the state,	1461
or its counties or cities, as physicians or nurses who are duly	1462
licensed to practice their respective professions under the laws	1463
of this state, or medical assistants, in mental or chronic disease	1464
hospitals, or institutions;	1465

(16) Employees of the governor's office;

1466

(17) Fire chiefs and chiefs of police in civil service	1467
townships appointed by boards of township trustees under section	1468
505.38 or 505.49 of the Revised Code;	1469

(18) Executive directors, deputy directors, and program	1470
directors employed by boards of alcohol, drug addiction, and	1471
mental health services under Chapter 340. of the Revised Code, and	1472
secretaries of the executive directors, deputy directors, and	1473
program directors;	1474

(19) Superintendents, and management employees as defined in	1475
section 5126.20 of the Revised Code, of county boards of	1476
developmental disabilities;	1477

(20) Physicians, nurses, and other employees of a county	1478
hospital who are appointed pursuant to sections 339.03 and 339.06	1479
of the Revised Code;	1480

(21) The executive director of the state medical board, who	1481
is appointed pursuant to division (B) of section 4731.05 of the	1482
Revised Code;	1483

(22) County directors of job and family services as provided	1484
in section 329.02 of the Revised Code and administrators appointed	1485
under section 329.021 of the Revised Code;	1486

(23) A director of economic development who is hired pursuant	1487
to division (A) of section 307.07 of the Revised Code;	1488

(24) Chiefs of construction and compliance, of operations and	1489
maintenance, of worker protection, and of licensing and	1490
certification in the division of labor in the department of	1491
commerce;	1492

(25) The executive director of a county transit system	1493
appointed under division (A) of section 306.04 of the Revised	1494
Code;	1495

(26) Up to five positions at each of the administrative	1496
departments listed in section 121.02 of the Revised Code and at	1497
the department of taxation, department of the adjutant general,	1498
department of education, Ohio board of regents, bureau of workers'	1499
compensation, industrial commission, state lottery commission, and	1500
public utilities commission of Ohio that the head of that	1501
administrative department or of that other state agency determines	1502
to be involved in policy development and implementation. The head	1503
of the administrative department or other state agency shall set	1504
the compensation for employees in these positions at a rate that	1505
is not less than the minimum compensation specified in pay range	1506
41 but not more than the maximum compensation specified in pay	1507
range 44 of salary schedule E-2 prescribed in the version of	1508
section 124.152 of the Revised Code in effect immediately prior to	1509
the effective date of this amendment. The authority to establish	1510
positions in the unclassified service under division (A)(26) of	1511
this section is in addition to and does not limit any other	1512
authority that an administrative department or state agency has	1513
under the Revised Code to establish positions, appoint employees,	1514
or set compensation.	1515

(27) Employees of the department of agriculture employed	1516
under section 901.09 of the Revised Code;	1517

(28) For cities, counties, civil service townships, city	1518
health districts, general health districts, and city school	1519
districts, the deputies and assistants of elective or principal	1520
executive officers authorized to act for and in the place of their	1521
principals or holding a fiduciary relation to their principals;	1522

(29) Employees who receive intermittent or temporary	1523
appointments under division (B) of section 124.30 of the Revised	1524
Code;	1525

(30) Employees appointed to administrative staff positions	1526
for which an appointing authority is given specific statutory	1527
authority to set compensation;	1528

(31) Employees appointed to highway patrol cadet or highway	1529
patrol cadet candidate classifications;	1530

(32) Employees placed in the unclassified service by another	1531
section of the Revised Code.	1532

(B) The classified service shall comprise all persons in the	1533
employ of the state and the several counties, cities, city health	1534
districts, general health districts, and city school districts of	1535
the state, not specifically included in the unclassified service.	1536
Upon the creation by the board of trustees of a civil service	1537
township civil service commission, the classified service shall	1538
also comprise, except as otherwise provided in division (A)(17) or	1539
(C) of this section, all persons in the employ of a civil service	1540
township police or fire department having ten or more full-time	1541
paid employees. The classified service consists of two classes,	1542
which shall be designated as the competitive class and the	1543
unskilled labor class.	1544

(1) The competitive class shall include all positions and	1545
employments in the state and the counties, cities, city health	1546
districts, general health districts, and city school districts of	1547
the state, and, upon the creation by the board of trustees of a	1548
civil service township of a township civil service commission, all	1549
positions in a civil service township police or fire department	1550
having ten or more full-time paid employees, for which it is	1551
practicable to determine the merit and fitness of applicants by	1552
competitive examinations. Appointments shall be made to, or	1553
employment shall be given in, all positions in the competitive	1554
class that are not filled by promotion, reinstatement, transfer,	1555
or reduction, as provided in this chapter, and the rules of the	1556
director of administrative services, by appointment from those	1557
certified to the appointing officer in accordance with this	1558
chapter.	1559

(2) The unskilled labor class shall include ordinary	1560
unskilled laborers. Vacancies in the labor class for positions in	1561
service of the state shall be filled by appointment from lists of	1562
applicants registered by the director. Vacancies in the labor	1563
class for all other positions shall be filled by appointment from	1564
lists of applicants registered by a commission. The director or	1565
the commission, as applicable, by rule, shall require an applicant	1566
for registration in the labor class to furnish evidence or take	1567
tests as the director or commission considers proper with respect	1568
to age, residence, physical condition, ability to labor, honesty,	1569
sobriety, industry, capacity, and experience in the work or	1570
employment for which application is made. Laborers who fulfill the	1571
requirements shall be placed on the eligible list for the kind of	1572
labor or employment sought, and preference shall be given in	1573
employment in accordance with the rating received from that	1574
evidence or in those tests. Upon the request of an appointing	1575
officer, stating the kind of labor needed, the pay and probable	1576
length of employment, and the number to be employed, the director	1577
or commission, as applicable, shall certify from the highest on	1578
the list double the number to be employed; from this number, the	1579
appointing officer shall appoint the number actually needed for	1580
the particular work. If more than one applicant receives the same	1581
rating, priority in time of application shall determine the order	1582
in which their names shall be certified for appointment.	1583

(C) A municipal or civil service township civil service	1584
commission may place volunteer firefighters who are paid on a	1585
fee-for-service basis in either the classified or the unclassified	1586
civil service.	1587

(D) This division does not apply to persons in the	1588
unclassified service who have the right to resume positions in the	1589
classified service under sections 4121.121, 5119.071, 5120.38,	1590
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	1591
Code.	1592

An appointing authority whose employees are paid directly by	1593
warrant of the director of budget and management may appoint a	1594
person who holds a certified position in the classified service	1595
within the appointing authority's agency to a position in the	1596
unclassified service within that agency. A person appointed	1597
pursuant to this division to a position in the unclassified	1598
service shall retain the right to resume the position and status	1599
held by the person in the classified service immediately prior to	1600
the person's appointment to the position in the unclassified	1601
service, regardless of the number of positions the person held in	1602
the unclassified service. An employee's right to resume a position	1603
in the classified service may only be exercised when an appointing	1604
authority demotes the employee to a pay ~~range~~ lower than the	1605
employee's current pay ~~range~~ or revokes the employee's appointment	1606
to the unclassified service. An employee forfeits the right to	1607
resume a position in the classified service when the employee is	1608
removed from the position in the unclassified service due to	1609
incompetence, inefficiency, dishonesty, drunkenness, immoral	1610
conduct, insubordination, discourteous treatment of the public,	1611
neglect of duty, violation of this chapter or the rules of the	1612
director of administrative services, any other failure of good	1613
behavior, any other acts of misfeasance, malfeasance, or	1614
nonfeasance in office, or conviction of a felony. An employee also	1615
forfeits the right to resume a position in the classified service	1616
upon transfer to a different agency.	1617

Reinstatement to a position in the classified service shall	1618
be to a position substantially equal to that position in the	1619
classified service held previously, as certified by the director	1620
of administrative services. If the position the person previously	1621
held in the classified service has been placed in the unclassified	1622
service or is otherwise unavailable, the person shall be appointed	1623
to a position in the classified service within the appointing	1624
authority's agency that the director of administrative services	1625
certifies is comparable in compensation to the position the person	1626
previously held in the classified service. Service in the position	1627
in the unclassified service shall be counted as service in the	1628
position in the classified service held by the person immediately	1629
prior to the person's appointment to the position in the	1630
unclassified service. When a person is reinstated to a position in	1631
the classified service as provided in this division, the person is	1632
entitled to all rights, status, and benefits accruing to the	1633
position in the classified service during the person's time of	1634
service in the position in the unclassified service.	1635

Sec. 124.14. (A)(1) The director of administrative services	1636
shall establish, and may modify or rescind, by rule, a job	1637
classification plan for all positions, offices, and employments	1638
the salaries of which are paid in whole or in part by the state.	1639
The director shall group jobs within a classification so that the	1640
positions are similar enough in duties and responsibilities to be	1641
described by the same title~~, to have the same pay assigned with~~	1642
~~equity,~~ and to have the same qualifications for selection applied.	1643
The director shall, by rule, assign a classification title to each	1644
classification within the classification plan. However, the	1645
director shall consider in establishing classifications, including	1646
classifications with parenthetical titles, ~~and assigning pay~~	1647
~~ranges~~ such factors as duties performed only on one shift, special	1648
skills in short supply in the labor market, recruitment problems,	1649
separation rates, ~~comparative salary rates,~~ the amount of training	1650
required, and other conditions affecting employment. The director	1651
shall describe the duties and responsibilities of the class,	1652
establish the qualifications for being employed in each position	1653
in the class, and file with the secretary of state a copy of	1654
specifications for all of the classifications. The director shall	1655
file new, additional, or revised specifications with the secretary	1656
of state before they are used.	1657

~~The director shall, by rule, assign each classification,~~	1658
~~either on a statewide basis or in particular counties or state~~	1659
~~institutions, to a pay range established under section 124.15 or~~	1660
~~section 124.152 of the Revised Code. The director may assign a~~	1661
~~classification to a pay range on a temporary basis for a period of~~	1662
~~six months. The director may establish, by rule adopted under~~	1663
~~Chapter 119. of the Revised Code, experimental classification~~	1664
~~plans for some or all employees paid directly by warrant of the~~	1665
~~director of budget and management. The rule shall include~~	1666
~~specifications for each classification within the plan and shall~~	1667
~~specifically address compensation ranges, and methods for~~	1668
~~advancing within the ranges, for the classifications, which may be~~	1669
~~assigned to pay ranges other than the pay ranges established under~~	1670
~~section 124.15 or 124.152 of the Revised Code.~~	1671

An employee whose position is included in the job	1672
classification plan established under this section shall be paid a	1673
wage or salary fixed by the employee's appointing authority. The	1674
wage or salary shall be based solely upon merit. Unless otherwise	1675
provided, if an appointing authority is authorized by the Revised	1676
Code to fix the wage or salary of a public employee without	1677
reference to this chapter or other parameters, the appointing	1678
authority shall fix the public employee's wage or salary based on	1679
merit.	1680

(2) The director of administrative services may reassign to a	1681
proper classification those positions that have been assigned to	1682
an improper classification. ~~If the compensation of an employee in~~	1683
~~such a reassigned position exceeds the maximum rate of pay for the~~	1684
~~employee's new classification, the employee shall be placed in pay~~	1685
~~step X and shall not receive an increase in compensation until the~~	1686
~~maximum rate of pay for that classification exceeds the employee's~~	1687
~~compensation.~~	1688

(3) ~~The director may reassign an exempt employee, as defined~~	1689
~~in section 124.152 of the Revised Code, to a bargaining unit~~	1690
~~classification if the director determines that the bargaining unit~~	1691
~~classification is the proper classification for that employee.~~	1692
~~Notwithstanding Chapter 4117. of the Revised Code or instruments~~	1693
~~and contracts negotiated under it, these placements are at the~~	1694
~~director's discretion.~~	1695

~~(4)~~ The director shall, by rule, assign related	1696
classifications, which form a career progression, to a	1697
classification series. The director shall, by rule, assign each	1698
classification in the classification plan a five-digit number, the	1699
first four digits of which shall denote the classification series	1700
to which the classification is assigned. When a career progression	1701
encompasses more than ten classifications, the director shall, by	1702
rule, identify the additional classifications belonging to a	1703
classification series. The additional classifications shall be	1704
part of the classification series, notwithstanding the fact that	1705
the first four digits of the number assigned to the additional	1706
classifications do not correspond to the first four digits of the	1707
numbers assigned to other classifications in the classification	1708
series.	1709

~~(5)~~(4) The director may establish, modify, or rescind a	1710
classification plan for county agencies that elect not to use the	1711
services and facilities of a county personnel department. The	1712
director shall establish any such classification plan by means of	1713
rules adopted under Chapter 119. of the Revised Code. The rules	1714
shall include a methodology for the establishment of titles unique	1715
to county agencies, the use of state classification titles and	1716
classification specifications for common positions, the criteria	1717
for a county to meet in establishing its own classification plan,	1718
and the establishment of what constitutes a classification series	1719
for county agencies. The director may assess a county agency that	1720
chooses to use the classification plan a usage fee the director	1721
determines. All usage fees the department of administrative	1722
services receives shall be paid into the state treasury to the	1723
credit of the human resources fund created in section 124.07 of	1724
the Revised Code.	1725

(B) Division (A) of this section and sections 124.15 and	1726
124.152 of the Revised Code do not apply to the following persons,	1727
positions, offices, and employments:	1728

(1) Elected officials;

1729

(2) Legislative employees, employees of the legislative	1730
service commission, employees in the office of the governor,	1731
employees who are in the unclassified civil service and who were	1732
exempt from collective bargaining coverage prior to the effective	1733
date of this amendment in the office of the secretary of state,	1734
auditor of state, treasurer of state, and attorney general, and	1735
employees of the supreme court;	1736

(3) Employees of a county children services board that	1737
establishes compensation rates under section 5153.12 of the	1738
Revised Code;	1739

(4) Any position for which the authority to determine	1740
compensation is given by law to another individual or entity;	1741

(5) Employees of the bureau of workers' compensation whose	1742
compensation the administrator of workers' compensation	1743
establishes under division (B) of section 4121.121 of the Revised	1744
Code.	1745

(C) The director may employ a consulting agency to aid and	1746
assist the director in carrying out this section.	1747

(D)(1) When the director proposes to modify a classification	1748
~~or the assignment of classes to appropriate pay ranges~~, the	1749
director shall send written notice of the proposed rule to the	1750
appointing authorities of the affected employees thirty days	1751
before a hearing on the proposed rule. The appointing authorities	1752
shall notify the affected employees regarding the proposed rule.	1753
The director also shall send those appointing authorities notice	1754
of any final rule that is adopted within ten days after adoption.	1755

(2) When the director proposes to reclassify any employee so	1756
that the employee is adversely affected, the director shall give	1757
to the employee affected and to the employee's appointing	1758
authority a written notice setting forth the proposed new	1759
classification~~, pay range, and salary~~. Upon the request of any	1760
classified employee who is not serving in a probationary period,	1761
the director shall perform a job audit to review the	1762
classification of the employee's position to determine whether the	1763
position is properly classified. The director shall give to the	1764
employee affected and to the employee's appointing authority a	1765
written notice of the director's determination whether or not to	1766
reclassify the position or to reassign the employee to another	1767
classification. An employee or appointing authority desiring a	1768
hearing shall file a written request for the hearing with the	1769
state personnel board of review within thirty days after receiving	1770
the notice. The board shall set the matter for a hearing and	1771
notify the employee and appointing authority of the time and place	1772
of the hearing. The employee, the appointing authority, or any	1773
authorized representative of the employee who wishes to submit	1774
facts for the consideration of the board shall be afforded	1775
reasonable opportunity to do so. After the hearing, the board	1776
shall consider anew the reclassification and may order the	1777
reclassification of the employee and require the director to	1778
assign the employee to such appropriate classification as the	1779
facts and evidence warrant. As provided in division (A)(1) of	1780
section 124.03 of the Revised Code, the board may determine the	1781
most appropriate classification for the position of any employee	1782
coming before the board, with or without a job audit. The board	1783
shall disallow any reclassification or reassignment classification	1784
of any employee when it finds that changes have been made in the	1785
duties and responsibilities of any particular employee for	1786
political, religious, or other unjust reasons.	1787

(E)(1) Employees of each county department of job and family	1788
services shall be paid a salary or wage established by the board	1789
of county commissioners. The provisions of section 124.18 of the	1790
Revised Code concerning the standard work week apply to employees	1791
of county departments of job and family services. A board of	1792
county commissioners may do either of the following:	1793

(a) Notwithstanding any other section of the Revised Code,	1794
supplement the sick leave, vacation leave, personal leave, and	1795
other benefits of any employee of the county department of job and	1796
family services of that county, if the employee is eligible for	1797
the supplement under a written policy providing for the	1798
supplement;	1799

(b) Notwithstanding any other section of the Revised Code,	1800
establish alternative schedules of sick leave, vacation leave,	1801
personal leave, or other benefits for employees not inconsistent	1802
with the provisions of a collective bargaining agreement covering	1803
the affected employees.	1804

(2) Division (E)(1) of this section does not apply to	1805
employees for whom the state employment relations board	1806
establishes appropriate bargaining units pursuant to section	1807
4117.06 of the Revised Code, except in either of the following	1808
situations:	1809

(a) The employees for whom the state employment relations	1810
board establishes appropriate bargaining units elect no	1811
representative in a board-conducted representation election.	1812

(b) After the state employment relations board establishes	1813
appropriate bargaining units for such employees, all employee	1814
organizations withdraw from a representation election.	1815

(F)(1) Notwithstanding any contrary provision of sections	1816
124.01 to 124.64 of the Revised Code, the board of trustees of	1817
each state university or college, as defined in section 3345.12 of	1818
the Revised Code, shall carry out all matters of governance	1819
involving the officers and employees of the university or college,	1820
including, but not limited to, the powers, duties, and functions	1821
of the department of administrative services and the director of	1822
administrative services specified in this chapter. Officers and	1823
employees of a state university or college shall have the right of	1824
appeal to the state personnel board of review as provided in this	1825
chapter.	1826

(2) Each board of trustees shall adopt rules under section	1827
111.15 of the Revised Code to carry out the matters of governance	1828
described in division (F)(1) of this section. Until the board of	1829
trustees adopts those rules, a state university or college shall	1830
continue to operate pursuant to the applicable rules adopted by	1831
the director of administrative services under this chapter.	1832

(G)(1) Each board of county commissioners may, by a	1833
resolution adopted by a majority of its members, establish a	1834
county personnel department to exercise the powers, duties, and	1835
functions specified in division (G) of this section. As used in	1836
division (G) of this section, "county personnel department" means	1837
a county personnel department established by a board of county	1838
commissioners under division (G)(1) of this section.	1839

(2)(a) Each board of county commissioners, by a resolution	1840
adopted by a majority of its members, may designate the county	1841
personnel department of the county to exercise the powers, duties,	1842
and functions specified in sections 124.01 to 124.64 and Chapter	1843
325. of the Revised Code with regard to employees in the service	1844
of the county, except for the powers and duties of the state	1845
personnel board of review, which powers and duties shall not be	1846
construed as having been modified or diminished in any manner by	1847
division (G)(2) of this section, with respect to the employees for	1848
whom the board of county commissioners is the appointing authority	1849
or co-appointing authority.	1850

(b) Nothing in division (G)(2) of this section shall be	1851
construed to limit the right of any employee who possesses the	1852
right of appeal to the state personnel board of review to continue	1853
to possess that right of appeal.	1854

(c) Any board of county commissioners that has established a	1855
county personnel department may contract with the department of	1856
administrative services, another political subdivision, or an	1857
appropriate public or private entity to provide competitive	1858
testing services or other appropriate services.	1859

(3) After the county personnel department of a county has	1860
been established as described in division (G)(2) of this section,	1861
any elected official, board, agency, or other appointing authority	1862
of that county, upon written notification to the county personnel	1863
department, may elect to use the services and facilities of the	1864
county personnel department. Upon receipt of the notification by	1865
the county personnel department, the county personnel department	1866
shall exercise the powers, duties, and functions as described in	1867
division (G)(2) of this section with respect to the employees of	1868
that elected official, board, agency, or other appointing	1869
authority.	1870

(4) Each board of county commissioners, by a resolution	1871
adopted by a majority of its members, may disband the county	1872
personnel department.	1873

(5) Any elected official, board, agency, or appointing	1874
authority of a county may end its involvement with a county	1875
personnel department upon actual receipt by the department of a	1876
certified copy of the notification that contains the decision to	1877
no longer participate.	1878

(6) The director of administrative services may, by rule	1879
adopted in accordance with Chapter 119. of the Revised Code,	1880
prescribe criteria and procedures for the following:	1881

(a) A requirement that each county personnel department, in	1882
carrying out its duties, adhere to merit system principles with	1883
regard to employees of county departments of job and family	1884
services, child support enforcement agencies, and public child	1885
welfare agencies so that there is no threatened loss of federal	1886
funding for these agencies, and a requirement that the county be	1887
financially liable to the state for any loss of federal funds due	1888
to the action or inaction of the county personnel department. The	1889
costs associated with audits conducted to monitor compliance with	1890
division (G)(6)(a) of this section shall be reimbursed to the	1891
department of administrative services as determined by the	1892
director. All money the department receives for these audits shall	1893
be paid into the state treasury to the credit of the human	1894
resources fund created in section 124.07 of the Revised Code.	1895

(b) Authorization for the director of administrative services	1896
to conduct periodic audits and reviews of county personnel	1897
departments to guarantee the uniform application of the powers,	1898
duties, and functions exercised pursuant to division (G)(2)(a) of	1899
this section. The costs of the audits and reviews shall be	1900
reimbursed to the department of administrative services as	1901
determined by the director by the county for which the services	1902
are performed. All money the department receives shall be paid	1903
into the state treasury to the credit of the human resources fund	1904
created in section 124.07 of the Revised Code.	1905

(H) The director of administrative services shall establish	1906
the rate and method of compensation, based upon merit, for all	1907
employees who are paid directly by warrant of the director of	1908
budget and management and who are serving in positions that the	1909
director of administrative services has determined impracticable	1910
to include in the state job classification plan. This division	1911
does not apply to elected officials, legislative employees,	1912
employees of the legislative service commission, employees who are	1913
in the unclassified civil service and who were exempt from	1914
collective bargaining coverage prior to the effective date of this	1915
amendment in the office of the secretary of state, auditor of	1916
state, treasurer of state, and attorney general, employees of the	1917
courts, employees of the bureau of workers' compensation whose	1918
compensation the administrator of workers' compensation	1919
establishes under division (B) of section 4121.121 of the Revised	1920
Code, or employees of an appointing authority authorized by law to	1921
fix the compensation of those employees.	1922

(I) The director shall set the rate of compensation for all	1923
~~intermittent,~~ seasonal~~, temporary, emergency,~~ and casual employees	1924
in the service of the state ~~who are not considered public~~	1925
~~employees under section 4117.01 of the Revised Code~~. Those	1926
employees are not entitled to receive employee benefits. This rate	1927
of compensation shall be equitable in terms of the rate of	1928
employees serving in the same or similar classifications and shall	1929
be based upon merit. This division does not apply to elected	1930
officials, legislative employees, employees of the legislative	1931
service commission, employees who are in the unclassified civil	1932
service and who were exempt from collective bargaining coverage	1933
prior to the effective date of this amendment in the office of the	1934
secretary of state, auditor of state, treasurer of state, and	1935
attorney general, employees of the courts, employees of the bureau	1936
of workers' compensation whose compensation the administrator	1937
establishes under division (B) of section 4121.121 of the Revised	1938
Code, or employees of an appointing authority authorized by law to	1939
fix the compensation of those employees.	1940

Sec. 124.15. (A) Board and commission members ~~appointed~~	1941
~~prior to July 1, 1991,~~ shall be paid a salary or wage in	1942
~~accordance with the following schedules of rates:~~	1943

~~Schedule B~~	1944

~~Pay Ranges and Step Values~~	1945

~~Range~~		~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~	1946
23	~~Hourly~~	~~5.72~~	~~5.91~~	~~6.10~~	~~6.31~~	1947
	~~Annually~~	~~11897.60~~	~~12292.80~~	~~12688.00~~	~~13124.80~~	1948
~~Step 5~~	~~Step 6~~				1949
	~~Hourly~~	~~6.52~~	~~6.75~~			1950
	~~Annually~~	~~13561.60~~	~~14040.00~~			1951
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1952
24	~~Hourly~~	~~6.00~~	~~6.20~~	~~6.41~~	~~6.63~~	1953
	~~Annually~~	~~12480.00~~	~~12896.00~~	~~13332.80~~	~~13790.40~~	1954
~~Step 5~~	~~Step 6~~				1955
	~~Hourly~~	~~6.87~~	~~7.10~~			1956
	~~Annually~~	~~14289.60~~	~~14768.00~~			1957
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1958
25	~~Hourly~~	~~6.31~~	~~6.52~~	~~6.75~~	~~6.99~~	1959
	~~Annually~~	~~13124.80~~	~~13561.60~~	~~14040.00~~	~~14539.20~~	1960
~~Step 5~~	~~Step 6~~				1961
	~~Hourly~~	~~7.23~~	~~7.41~~			1962
	~~Annually~~	~~15038.40~~	~~15412.80~~			1963
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1964
26	~~Hourly~~	~~6.63~~	~~6.87~~	~~7.10~~	~~7.32~~	1965
	~~Annually~~	~~13790.40~~	~~14289.60~~	~~14768.00~~	~~15225.60~~	1966
~~Step 5~~	~~Step 6~~				1967
	~~Hourly~~	~~7.53~~	~~7.77~~			1968
	~~Annually~~	~~15662.40~~	~~16161.60~~			1969
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1970
27	~~Hourly~~	~~6.99~~	~~7.23~~	~~7.41~~	~~7.64~~	1971
	~~Annually~~	~~14534.20~~	~~15038.40~~	~~15412.80~~	~~15891.20~~	1972
~~Step 5~~	~~Step 6~~	~~Step 7~~			1973
	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~		1974
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~		1975
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1976
28	~~Hourly~~	~~7.41~~	~~7.64~~	~~7.88~~	~~8.15~~	1977
	~~Annually~~	~~15412.80~~	~~15891.20~~	~~16390.40~~	~~16952.00~~	1978
~~Step 5~~	~~Step 6~~	~~Step 7~~			1979
	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~		1980
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~		1981
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1982
29	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~	~~8.79~~	1983
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~	~~18283.20~~	1984
~~Step 5~~	~~Step 6~~	~~Step 7~~			1985
	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~		1986
	~~Annually~~	~~19032.00~~	~~19926.40~~	~~20820.80~~		1987
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1988
30	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~	~~9.58~~	1989
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~	~~19926.40~~	1990
~~Step 5~~	~~Step 6~~	~~Step 7~~			1991
	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~		1992
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~		1993
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1994
31	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~	~~10.46~~	1995
	~~Annually~~	~~19032.00~~	~~19962.40~~	~~20820.80~~	~~21756.80~~	1996
~~Step 5~~	~~Step 6~~	~~Step 7~~			1997
	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~		1998
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~		1999
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2000
32	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~	~~11.52~~	2001
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~	~~23961.60~~	2002
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2003
	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2004
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2005
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2006
33	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~	~~12.68~~	2007
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~	~~26374.40~~	2008
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2009
	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2010
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2011
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2012
34	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2013
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2014
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2015
	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2016
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2017
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2018
35	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2019
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2020
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2021
	~~Hourly~~	~~16.11~~	~~16.91~~	~~17.73~~	~~18.62~~	2022
	~~Annually~~	~~33508.80~~	~~35172.80~~	~~36878.40~~	~~38729.60~~	2023
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2024
36	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2025
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2026
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2027
	~~Hourly~~	~~17.73~~	~~18.62~~	~~19.54~~	~~20.51~~	2028
	~~Annually~~	~~36878.40~~	~~38729.60~~	~~40643.20~~	~~42660.80~~	2029

~~Schedule C~~	2030

~~Pay Range and Values~~	2031

~~Range~~		~~Minimum~~	~~Maximum~~	2032
~~41 Hourly~~		~~10.44~~	~~15.72~~	2033
	~~Annually~~	~~21715.20~~	~~32697.60~~	2034
~~42 Hourly~~		~~11.51~~	~~17.35~~	2035
	~~Annually~~	~~23940.80~~	~~36088.00~~	2036
~~43 Hourly~~		~~12.68~~	~~19.12~~	2037
	~~Annually~~	~~26374.40~~	~~39769.60~~	2038
~~44 Hourly~~		~~13.99~~	~~20.87~~	2039
	~~Annually~~	~~29099.20~~	~~43409.60~~	2040
~~45 Hourly~~		~~15.44~~	~~22.80~~	2041
	~~Annually~~	~~32115.20~~	~~47424.00~~	2042
~~46 Hourly~~		~~17.01~~	~~24.90~~	2043
	~~Annually~~	~~35380.80~~	~~51792.00~~	2044
~~47 Hourly~~		~~18.75~~	~~27.18~~	2045
	~~Annually~~	~~39000.00~~	~~56534.40~~	2046
~~48 Hourly~~		~~20.67~~	~~29.69~~	2047
	~~Annually~~	~~42993.60~~	~~61755.20~~	2048
~~49 Hourly~~		~~22.80~~	~~32.06~~	2049
	~~Annually~~	~~47424.00~~	~~66684.80~~	2050

based upon merit. Unless compensation for members of a board or	2051
commission is otherwise specifically provided by law, the director	2052
of administrative services shall establish the rate and method of	2053
payment for members of boards and commissions.	2054

(B) The pay schedule of all employees shall be on a biweekly	2055
basis, with amounts computed on an hourly basis.	2056

(C) Part-time employees shall be compensated on an hourly	2057
basis for time worked~~, at the rates shown in~~as required by	2058
division (A) of this section or inby section 124.152 of the	2059
Revised Code.	2060

(D) The salary and wage rates indetermined under division	2061
(A) of this section or in section 124.152 of the Revised Code	2062
~~represent~~are base rates of compensation and may be augmented by	2063
the provisions of section 124.181 of the Revised Code. In those	2064
cases where lodging, meals, laundry, or other personal services	2065
are furnished an employee in the service of the state, the actual	2066
costs or fair market value of the personal services shall be paid	2067
by the employee in such amounts and manner as determined by the	2068
director of administrative services and approved by the director	2069
of budget and management, and those personal services shall not be	2070
considered as a part of the employee's compensation. An appointing	2071
authority that appoints employees in the service of the state,	2072
with the approval of the director of administrative services and	2073
the director of budget and management, may establish payments to	2074
employees for uniforms, tools, equipment, and other requirements	2075
of the department and payments for the maintenance of them.	2076

~~The director of administrative services may review collective~~	2077
~~bargaining agreements entered into under Chapter 4117. of the~~	2078
~~Revised Code that cover employees in the service of the state and~~	2079
~~determine whether certain benefits or payments provided to the~~	2080
~~employees covered by those agreements should also be provided to~~	2081
~~employees in the service of the state who are exempt from~~	2082
~~collective bargaining coverage and are paid in accordance with~~	2083
~~section 124.152 of the Revised Code or are listed in division~~	2084
~~(B)(2) or (4) of section 124.14 of the Revised Code. On completing~~	2085
~~the review, the director of administrative services, with the~~	2086
~~approval of the director of budget and management, may provide to~~	2087
~~some or all of these employees any payment or benefit, except for~~	2088
~~salary, contained in such a collective bargaining agreement even~~	2089
~~if it is similar to a payment or benefit already provided by law~~	2090
~~to some or all of these employees. Any payment or benefit so~~	2091
~~provided shall not exceed the highest level for that payment or~~	2092
~~benefit specified in such a collective bargaining agreement. The~~	2093
~~director of administrative services shall not provide, and the~~	2094
~~director of budget and management shall not approve, any payment~~	2095
~~or benefit to such an employee under this division unless the~~	2096
~~payment or benefit is provided pursuant to a collective bargaining~~	2097
~~agreement to a state employee who is in a position with similar~~	2098
~~duties as, is supervised by, or is employed by the same appointing~~	2099
~~authority as, the employee to whom the benefit or payment is to be~~	2100
~~provided.~~	2101

~~As used in this division, "payment or benefit already~~	2102
~~provided by law" includes, but is not limited to, bereavement,~~	2103
~~personal, vacation, administrative, and sick leave, disability~~	2104
~~benefits, holiday pay, and pay supplements provided under the~~	2105
~~Revised Code, but does not include wages or salary.~~	2106

(E) ~~New employees paid in accordance with schedule B of~~	2107
~~division (A) of this section or schedule E-1 of section 124.152 of~~	2108
~~the Revised Code shall be employed at the minimum rate established~~	2109
~~for the range unless otherwise provided. Employees with~~	2110
~~qualifications that are beyond the minimum normally required for~~	2111
~~the position and that are determined by the director to be~~	2112
~~exceptional may be employed in, or may be transferred or promoted~~	2113
~~to, a position at an advanced step of the range. Further, in time~~	2114
~~of a serious labor market condition when it is relatively~~	2115
~~impossible to recruit employees at the minimum rate for a~~	2116
~~particular classification, the entrance rate may be set at an~~	2117
~~advanced step in the range by the director of administrative~~	2118
~~services. This rate may be limited to geographical regions of the~~	2119
~~state. Appointments made to an advanced step under the provision~~	2120
~~regarding exceptional qualifications shall not affect the step~~	2121
~~assignment of employees already serving. However, anytime the~~	2122
~~hiring rate of an entire classification is advanced to a higher~~	2123
~~step, all incumbents of that classification being paid at a step~~	2124
~~lower than that being used for hiring, shall be advanced beginning~~	2125
~~at the start of the first pay period thereafter to the new hiring~~	2126
~~rate, and any time accrued at the lower step will be used to~~	2127
~~calculate advancement to a succeeding step. If the hiring rate of~~	2128
~~a classification is increased for only a geographical region of~~	2129
~~the state, only incumbents who work in that geographical region~~	2130
~~shall be advanced to a higher step. When an employee in the~~	2131
~~unclassified service changes from one state position to another or~~	2132
~~is appointed to a position in the classified service, or if an~~	2133
~~employee in the classified service is appointed to a position in~~	2134
~~the unclassified service, the employee's salary or wage in the new~~	2135
~~position shall be determined in the same manner as if the employee~~	2136
~~were an employee in the classified service. When an employee in~~	2137
~~the unclassified service who is not eligible for step increases is~~	2138
~~appointed to a classification in the classified service under~~	2139
~~which step increases are provided, future step increases shall be~~	2140
~~based on the date on which the employee last received a pay~~	2141
~~increase. If the employee has not received an increase during the~~	2142
~~previous year, the date of the appointment to the classified~~	2143
~~service shall be used to determine the employee's annual step~~	2144
~~advancement eligibility date. In reassigning any employee to a~~	2145
~~classification resulting in a pay range increase or to a new pay~~	2146
~~range as a result of a promotion, an increase pay range~~	2147
~~adjustment, or other classification change resulting in a pay~~	2148
~~range increase, the director shall assign such employee to the~~	2149
~~step in the new pay range that will provide an increase of~~	2150
~~approximately four per cent if the new pay range can accommodate~~	2151
~~the increase. When an employee is being assigned to a~~	2152
~~classification or new pay range as the result of a class plan~~	2153
~~change, if the employee has completed a probationary period, the~~	2154
~~employee shall be placed in a step no lower than step two of the~~	2155
~~new pay range. If the employee has not completed a probationary~~	2156
~~period, the employee may be placed in step one of the new pay~~	2157
~~range. Such new salary or wage shall become effective on such date~~	2158
~~as the director determines.~~	2159

~~(F) If employment conditions and the urgency of the work~~	2160
~~require such action, the director of administrative services may,~~	2161
~~upon the application of a department head, authorize payment at~~	2162
~~any rate established within the range for the class of work, for~~	2163
~~work of a casual or intermittent nature or on a project basis.~~	2164
~~Payment at such rates shall not be made to the same individual for~~	2165
~~more than three calendar months in any one calendar year. Any such~~	2166
~~action shall be subject to the approval of the director of budget~~	2167
~~and management as to the availability of funds. This section and~~	2168
~~sections 124.14 and 124.152 of the Revised Code do not repeal any~~	2169
~~authority of any department or public official to contract with or~~	2170
~~fix the compensation of professional persons who may be employed~~	2171
~~temporarily for work of a casual nature or for work on a project~~	2172
~~basis.~~	2173

~~(G)(1) Except as provided in divisions (G)(2) and (3) of this~~	2174
~~section, each state employee paid in accordance with schedule B of~~	2175
~~this section or schedule E-1 of section 124.152 of the Revised~~	2176
~~Code shall be eligible for advancement to succeeding steps in the~~	2177
~~range for the employee's class or grade according to the schedule~~	2178
~~established in this division. Beginning on the first day of the~~	2179
~~pay period within which the employee completes the prescribed~~	2180
~~probationary period in the employee's classification with the~~	2181
~~state, each employee shall receive an automatic salary adjustment~~	2182
~~equivalent to the next higher step within the pay range for the~~	2183
~~employee's class or grade.~~	2184

~~Except as provided in divisions (G)(2) and (3) of this~~	2185
~~section, each employee paid in accordance with schedule E-1 of~~	2186
~~section 124.152 of the Revised Code shall be eligible to advance~~	2187
~~to the next higher step until the employee reaches the top step in~~	2188
~~the range for the employee's class or grade, if the employee has~~	2189
~~maintained satisfactory performance in accordance with criteria~~	2190
~~established by the employee's appointing authority. Those step~~	2191
~~advancements shall not occur more frequently than once in any~~	2192
~~twelve-month period.~~	2193

~~When an employee is promoted, the step entry date shall be~~	2194
~~set to account for a probationary period. When an employee is~~	2195
~~reassigned to a higher pay range, the step entry date shall be set~~	2196
~~to allow an employee who is not at the highest step of the range~~	2197
~~to receive a step advancement one year from the reassignment date.~~	2198
~~Step advancement shall not be affected by demotion. A promoted~~	2199
~~employee shall advance to the next higher step of the pay range on~~	2200
~~the first day of the pay period in which the required probationary~~	2201
~~period is completed. Step advancement shall become effective at~~	2202
~~the beginning of the pay period within which the employee attains~~	2203
~~the necessary length of service. Time spent on authorized leave of~~	2204
~~absence shall be counted for this purpose.~~	2205

~~If determined to be in the best interest of the state~~	2206
~~service, the director of administrative services may, either~~	2207
~~statewide or in selected agencies, adjust the dates on which~~	2208
~~annual step advancements are received by employees paid in~~	2209
~~accordance with schedule E-1 of section 124.152 of the Revised~~	2210
~~Code.~~	2211

~~(2)(a) There shall be a moratorium on annual step~~	2212
~~advancements under division (G)(1) of this section beginning June~~	2213
~~21, 2009, through June 20, 2011. Step advancements shall resume~~	2214
~~with the pay period beginning June 21, 2011. Upon the resumption~~	2215
~~of step advancements, there shall be no retroactive step~~	2216
~~advancements for the period the moratorium was in effect. The~~	2217
~~moratorium shall not affect an employee's performance evaluation~~	2218
~~schedule.~~	2219

~~An employee who begins a probationary period before June 21,~~	2220
~~2009, shall advance to the next step in the employee's pay range~~	2221
~~at the end of probation, and then become subject to the~~	2222
~~moratorium. An employee who is hired, promoted, or reassigned to a~~	2223
~~higher pay range between June 21, 2009, through June 20, 2011,~~	2224
~~shall not advance to the next step in the employee's pay range~~	2225
~~until the next anniversary of the employee's date of hire,~~	2226
~~promotion, or reassignment that occurs on or after June 21, 2011.~~	2227

~~(b) The moratorium under division (G)(2)(a) of this section~~	2228
~~shall apply to the employees of the secretary of state, the~~	2229
~~auditor of state, the treasurer of state, and the attorney~~	2230
~~general, who are subject to this section unless the secretary of~~	2231
~~state, the auditor of state, the treasurer of state, or the~~	2232
~~attorney general decides to exempt the office's employees from the~~	2233
~~moratorium and so notifies the director of administrative services~~	2234
~~in writing on or before July 1, 2009.~~	2235

~~(3) Employees in intermittent positions shall be employed at~~	2236
~~the minimum rate established for the pay range for their~~	2237
~~classification and are not eligible for step advancements.~~	2238

~~(H) Employees in appointive managerial or professional~~	2239
~~positions paid in accordance with schedule C of this section or~~	2240
~~schedule E-2 of section 124.152 of the Revised Code may be~~	2241
~~appointed at any rate within the appropriate pay range. This rate~~	2242
~~of pay may be adjusted higher or lower within the respective pay~~	2243
~~range at any time the appointing authority so desires as long as~~	2244
~~the adjustment is based on the employee's ability to successfully~~	2245
~~administer those duties assigned to the employee. Salary~~	2246
~~adjustments shall not be made more frequently than once in any~~	2247
~~six-month period under this provision to incumbents holding the~~	2248
~~same position and classification.~~	2249

~~(I)~~ When an employee is assigned to duty outside this state,	2250
the employee may be compensated, upon request of the department	2251
head and with the approval of the director of administrative	2252
services, at a rate not to exceed fifty per cent in excess of the	2253
employee's current base rate for the period of time spent on that	2254
duty.	2255

~~(J) Unless compensation for members of a board or commission~~	2256
~~is otherwise specifically provided by law, the director of~~	2257
~~administrative services shall establish the rate and method of~~	2258
~~payment for members of boards and commissions pursuant to the pay~~	2259
~~schedules listed in section 124.152 of the Revised Code.~~	2260

~~(K)~~(F) Regular full-time employees in positions assigned to	2261
classes within the instruction and education administration ~~series~~	2262
~~under the rules of the director of administrative services~~, except	2263
certificated employees on the instructional staff of the state	2264
school for the blind or the state school for the deaf, whose	2265
positions are scheduled to work on the basis of an academic year	2266
rather than a full calendar year, shall be paid according to ~~the~~	2267
~~pay range assigned by such rules but only during those pay periods~~	2268
~~included in the academic year of the school where the employee is~~	2269
~~located~~merit.	2270

(1) Part-time or substitute teachers or those whose period of	2271
employment is other than the full academic year shall be	2272
compensated for the actual time worked at the rate established by	2273
this section.	2274

(2) Employees governed by this division are exempt from	2275
sections 124.13 and 124.19 of the Revised Code.	2276

~~(3) Length of service for the purpose of determining~~	2277
~~eligibility for step advancements as provided by division (G) of~~	2278
~~this section and for the purpose of determining eligibility for~~	2279
~~longevity pay supplements as provided by division (E) of section~~	2280
~~124.181 of the Revised Code shall be computed on the basis of one~~	2281
~~full year of service for the completion of each academic year.~~	2282

~~(L)~~(G) The superintendent of the state school for the deaf	2283
and the superintendent of the state school for the blind shall,	2284
subject to the approval of the superintendent of public	2285
instruction, ~~carry out both of the following:~~	2286

~~(1) Annually, between the first day of April and the last day~~	2287
~~of June, establish for the ensuing fiscal year a schedule of~~	2288
~~hourly rates for the compensation of each certificated employee on~~	2289
~~the instructional staff of that superintendent's respective school~~	2290
~~constructed as follows:~~	2291

~~(a) Determine for each level of training, experience, and~~	2292
~~other professional qualification for which an hourly rate is set~~	2293
~~forth in the current schedule, the per cent that rate is of the~~	2294
~~rate set forth in such schedule for a teacher with a bachelor's~~	2295
~~degree and no experience. If there is more than one such rate for~~	2296
~~such a teacher, the lowest rate shall be used to make the~~	2297
~~computation.~~	2298

~~(b) Determine which six city, local, and exempted village~~	2299
~~school districts with territory in Franklin county have in effect~~	2300
~~on, or have adopted by, the first day of April for the school year~~	2301
~~that begins on the ensuing first day of July, teacher salary~~	2302
~~schedules with the highest minimum salaries for a teacher with a~~	2303
~~bachelor's degree and no experience;~~	2304

~~(c) Divide the sum of such six highest minimum salaries by~~	2305
~~ten thousand five hundred sixty;~~	2306

~~(d) Multiply each per cent determined in division (L)(1)(a)~~	2307
~~of this section by the quotient obtained in division (L)(1)(c) of~~	2308
~~this section;~~	2309

~~(e) One hundred five per cent of each product thus obtained~~	2310
~~shall be the hourly rate for the corresponding level of training,~~	2311
~~experience, or other professional qualification in the schedule~~	2312
~~for the ensuing fiscal year.~~	2313

~~(2) Annually,~~annually assign each certificated employee on	2314
the instructional staff of the superintendent's respective school	2315
to an hourly rate ~~on the schedule~~ that is commensurate with the	2316
employee's training, experience, and other professional	2317
qualifications.	2318

If an employee is employed on the basis of an academic year,	2319
the employee's annual salary shall be calculated by multiplying	2320
the employee's assigned hourly rate times one thousand seven	2321
hundred sixty. If an employee is not employed on the basis of an	2322
academic year, the employee's annual salary shall be calculated in	2323
accordance with the following formula:	2324

~~(a)~~(1) Multiply the number of days the employee is required	2325
to work pursuant to the employee's contract by eight;	2326

~~(b)~~(2) Multiply the product of division ~~(L)(2)(a)~~(G)(1) of	2327
this section by the employee's assigned hourly rate.	2328

Each employee shall be paid an annual salary in biweekly	2329
installments. The amount of each installment shall be calculated	2330
by dividing the employee's annual salary by the number of biweekly	2331
installments to be paid during the year.	2332

Sections 124.13 and 124.19 of the Revised Code do not apply	2333
to an employee who is paid under this division.	2334

As used in this division, "academic year" means the number of	2335
days in each school year that the schools are required to be open	2336
for instruction with pupils in attendance. Upon completing an	2337
academic year, an employee paid under this division shall be	2338
deemed to have completed one year of service. An employee paid	2339
under this division is eligible to receive a pay supplement under	2340
division ~~(L)~~(J)(1), (2), or (3) of section 124.181 of the Revised	2341
Code for which the employee qualifies, but is not eligible to	2342
receive a pay supplement under division ~~(L)~~(J)(4) or (5) of that	2343
section. An employee paid under this division is eligible to	2344
receive a pay supplement under division ~~(L)~~(J)(6) of section	2345
124.181 of the Revised Code for which the employee qualifies,	2346
except that the supplement is not limited to a maximum of five per	2347
cent of the employee's regular base salary in a calendar year.	2348

~~(M)~~(H) Division (A) of this section does not apply to "exempt	2349
employees," as defined in section 124.152 of the Revised Code, who	2350
are paid under that section.	2351

~~Notwithstanding any other provisions of this chapter, when an~~	2352
~~employee transfers between bargaining units or transfers out of or~~	2353
~~into a bargaining unit, the director of administrative services~~	2354
~~shall establish the employee's compensation and adjust the maximum~~	2355
~~leave accrual schedule as the director deems equitable.~~	2356

Sec. 124.151. (A) As used in this section, "compensation"	2357
includes, but is not limited to, wages and salary, travel	2358
allowances paid pursuant to section 101.27 of the Revised Code,	2359
and benefits paid pursuant to sections 124.13, 124.19, 124.381,	2360
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised	2361
Code.	2362

(B)~~(1)~~ The compensation of any employee who is paid by	2363
warrant of the director of budget and management shall be paid by	2364
direct deposit. Each such employee shall provide to the appointing	2365
authority a written authorization for payment by direct deposit.	2366
The authorization shall include the designation of a financial	2367
institution equipped to accept direct deposits and the number of	2368
the account into which the deposit is to be made. The	2369
authorization shall remain in effect until wi