As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 649 5
1997-1998 6
REPRESENTATIVES GARDNER-GARCIA-HARRIS-CORBIN-WILLAMOWSKI-VESPER 8
10
A B I L L
To amend sections 101.23, 101.271, 101.272, 101.29, 12
101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 14
101.62, 101.65, 101.67, 101.69, 102.09, 103.15, 15
105.61, 123.151, 124.18, 125.081, 125.31, 16
125.42, 125.58, 125.59, 125.60, 127.16, 129.52, 17
129.56, 129.64, 149.091, 149.17, 164.11, 1555.14, 18
2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 19
5528.19, and 5528.56, to enact new section 20
101.25, and to repeal section 101.25 of the
Revised Code to improve operations of the General 22
Assembly by permitting members to resign without 23
a vote of acceptance, transferring responsibility 25
for preservation of the final journals to the 27
Ohio Historical Society, retitling the 28
Legislative Clerk of the House as the Clerk of 29
the House, retitling the Executive Secretary of 31
the House as the Chief Administrative Officer of 32
the House, updating the mileage paid to certain 33
officers of the Senate and House, and clarifying 34
that only the principal sergeant at arms is to be 35
paid mileage. 37
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 101.23, 101.271, 101.272, 101.29, 41
101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 101.62, 101.65, 42
101.67, 101.69, 102.09, 103.15, 105.61, 123.151, 124.18, 125.081, 43
125.31, 125.42, 125.58, 125.59, 125.60, 127.16, 129.52, 129.56, 44
2
129.64, 149.091, 149.17, 164.11, 1555.14, 2331.11, 3317.09, 45
5117.12, 5119.39, 5123.231, 5528.19, and 5528.56 be amended and 46
new section 101.25 of the Revised Code be enacted to read as 48
follows:
Sec. 101.23. The oath of office of senators and 57
representatives, the president and president pro tempore of the 58
senate, the speaker and speaker pro tempore of the house of 59
representatives, and the clerk of the senate, executive secretary 60
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 62
house of representatives, and their assistants, and the sergeant 63
at arms, and assistant sergeant at arms of each house, may be 64
administered by a member or by a person authorized to administer 65
oaths.
Sec. 101.25. DURING A REGULAR SESSION OF THE GENERAL 67
ASSEMBLY, A SENATOR WHO DESIRES TO RESIGN SHALL DO SO BY 68
PRESENTING A LETTER OF RESIGNATION TO THE PRESIDENT OF THE SENATE 70
AND A REPRESENTATIVE WHO DESIRES TO RESIGN SHALL DO SO BY 72
PRESENTING A LETTER OF RESIGNATION TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OR SPEAKER SHALL VERIFY 73
AUTHENTICITY OF THE LETTER OF RESIGNATION AND, UPON DOING SO, 74
SHALL SEND A LETTER OF ACKNOWLEDGEMENT TO THE RESIGNING SENATOR 75
OR REPRESENTATIVE.
WHEN THE GENERAL ASSEMBLY HAS ADJOURNED ITS REGULAR SESSION 77
SINE DIE, A SENATOR OR REPRESENTATIVE WHO DESIRES TO RESIGN SHALL 78
DO SO BY PRESENTING A LETTER OF RESIGNATION TO THE GOVERNOR. THE 79
GOVERNOR SHALL VERIFY AUTHENTICITY OF THE LETTER OF RESIGNATION 80
AND, UPON DOING SO, SHALL SEND A LETTER OF ACKNOWLEDGEMENT TO THE 81
RESIGNING SENATOR OR REPRESENTATIVE.
AN ACKNOWLEDGED RESIGNATION TAKES EFFECT AT THE TIME 83
SPECIFIED IN THE LETTER OF RESIGNATION. IF AN ACKNOWLEDGED 84
RESIGNATION OCCURS DURING A REGULAR SESSION OF THE GENERAL 85
ASSEMBLY, THE CLERK OF THE SENATE OR CLERK OF THE HOUSE OF 86
REPRESENTATIVES SHALL SPREAD THE LETTER OF RESIGNATION UPON THE
SENATE OR HOUSE OF REPRESENTATIVES JOURNAL. 87
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THIS SECTION DOES NOT APPLY TO A MEMBER-ELECT WHO RESIGNS 89
BEFORE THE GENERAL ASSEMBLY HAS ORGANIZED. 90
Sec. 101.271. (A) As used in this section, "medical 99
insurance premium" means any premium payment made under a 100
contract with an insurance company, nonprofit health plan, health 101
insuring corporation, or any combination of such organizations, 103
pursuant to section 124.82 of the Revised Code. 104
(B) After the general election in each even-numbered year, 106
the clerk of the senate, with the assistance of the department of 107
administrative services, shall estimate the cost of the medical 108
insurance premiums that will be necessary to provide coverage, on 109
the same basis as for a similarly situated state employee, for 110
each person who is elected to a term as senator at such election, 111
or appointed to fill the unexpired portion of any such term, and 112
any of the senator's dependents qualified for coverage at the 114
time the senator assumes office. Using this estimate, the clerk 115
shall determine a fixed amount to be paid by the state in equal 116
monthly installments on behalf of the senator each year of the 117
senator's term as a medical insurance premium, but in no event in 118
an amount to exceed the total premium required in any month by 120
the contract of the state by the carrier. Any amount not paid in 121
such a case shall be placed in reserve and applied against any 122
subsequent month's premium up to the full amount thereof until 123
the entire amount has been paid along with the original estimate 124
for each month. This fixed amount shall be such that, as nearly 125
as can be predicted, the sum of the monthly premiums paid for the 126
senator during the senator's term shall equal the total amount of 128
medical insurance premiums that will be paid for such an 129
employee, as required by section 124.82 of the Revised Code, 130
during that term. The senator shall pay the difference between 131
the amount so fixed and the total premium required by the 132
contract of the state with the carrier.
(C) After the general election in each even-numbered year, 134
the executive secretary CHIEF ADMINISTRATIVE OFFICER of the house 136
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of representatives, with the assistance of the department of 137
administrative services, shall estimate the cost of the medical 138
insurance premiums that will be necessary to provide coverage, on 139
the same basis as for a similarly situated state employee, for 140
each person who is elected to a term as representative at such 141
election, or appointed to fill the unexpired portion of any such 142
term, and any of the representative's dependents qualified for 143
coverage at the time the representative assumes office. Using 144
this estimate, the executive secretary CHIEF ADMINISTRATIVE 145
OFFICER shall determine a fixed amount to be paid by the state in 146
equal monthly installments on behalf of the representative each 147
year of the representative's term as a medical insurance premium, 149
but in no event in an amount to exceed the total premium required 150
in any month by the contract of the state with the carrier. Any 151
amount not paid in such a case shall be placed in reserve and 152
applied against any subsequent month's premium up to the full 153
amount thereof until the entire reserve has been paid along with 154
the original estimate for each month. This fixed amount shall be 155
such that, as nearly as can be predicted, the sum of the monthly 156
premiums paid for the representative during the representative's 157
term shall equal the total amount of medical insurance premiums 159
that will be paid for such an employee, as required by section 160
124.82 of the Revised Code, during that term. The representative 161
shall pay the difference between the amount so fixed and the 162
total premium required by the contract of the state with the 163
carrier.
Sec. 101.272. (A) The house reimbursement fund is hereby 172
created in the state treasury. The fund shall consist of refunds 173
from the department of administrative services of overpayments of 174
medical insurance premiums accumulated under division (C) of 175
section 101.271 of the Revised Code; amounts received by the 176
house executive secretary's office OF THE CHIEF ADMINISTRATIVE 177
OFFICER OF THE HOUSE OF REPRESENTATIVES for salvage and recycling 178
of equipment, materials, and supplies; and payments from members 179
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and employees for incidental use of house equipment or 180
facilities. The fund shall be used to pay operating expenses of 181
the house of representatives. 182
(B) The senate reimbursement fund is hereby created in the 184
state treasury. The fund shall consist of refunds from the 185
department of administrative services of overpayments of medical 186
insurance premiums accumulated under division (B) of section 187
101.271 of the Revised Code; amounts received by the senate 188
clerk's office for salvage and recycling of equipment, materials, 189
and supplies; and payments from members and employees for 190
incidental use of senate equipment or facilities. The fund shall 191
be used to pay operating expenses of the senate. 192
Sec. 101.29. The senate and the house of representatives 201
shall choose their own officials and employees, respectively, and 202
fix their compensation. The clerk of the senate, executive 203
secretary THE CHIEF ADMINISTRATIVE OFFICER and legislative THE 204
clerk of the house of representatives, and THE PRINCIPAL 206
sergeants at arms designated by the respective houses shall 208
receive ten cents A TRAVEL ALLOWANCE per mile each way twice a 209
month from and to their place of residence, if outside Franklin 210
county, by the most direct highway route of public travel, to be 211
paid monthly, AT THE SAME MILEAGE RATE ALLOWED FOR THE 213
REIMBURSEMENT OF TRAVEL EXPENSES OF STATE AGENTS AS PROVIDED BY 214
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT ADOPTED PURSUANT TO
DIVISION (B) OF SECTION 126.31 OF THE REVISED CODE. 216
THE SENTENCE OF THIS SECTION REQUIRING PAYMENT FOR MILEAGE 218
DOES NOT INCLUDE THE ASSISTANT SERGEANTS AT ARMS DESIGNATED BY 219
THE SENATE AND HOUSE OF REPRESENTATIVES. 220
Sec. 101.31. The clerk of the senate, executive secretary 229
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 230
house of representatives, and the sergeant at arms of each house 231
shall be present and assist in the organization of the next 232
succeeding general assembly. 233
Sec. 101.32. The clerk of the senate and executive 242
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secretary, THE CHIEF ADMINISTRATIVE OFFICER of the house of 243
representatives, and the sergeant at arms of each house shall 244
have control of their respective assistants, and each house by 245
resolution may dismiss any of them whose services are not needed, 246
or who do not perform their duties satisfactorily. 247
Sec. 101.33. During the absence or disability of the clerk 256
of the senate, legislative clerk of the house of representatives, 257
or sergeant at arms of either house, the respective house of the 259
general assembly may constitute one of the assistant clerks, 260
clerk pro tempore or legislative clerk pro tempore, or one of the 262
assistant sergeant at arms, sergeant at arms pro tempore, and the 263
assistant so appointed shall have the powers to perform the
duties required of his THE ASSISTANT'S principal. 264
Sec. 101.50. If, in the case of first class or second 273
class printing, no contract has been awarded by the first Monday 274
in October of even-numbered years as a result of a legal action 275
that prohibits the director of administrative services from 276
awarding a contract, an emergency shall exist, the authority of 277
the director of administrative services to procure a contract is 278
suspended, and full authority to award a temporary contract shall 279
pass to a legislative printing board composed of the president of 280
the senate, the speaker of the house of representatives, the 281
clerk of the senate, and the executive secretary CHIEF 282
ADMINISTRATIVE OFFICER of the house of representatives. The 283
board shall award such THE TEMPORARY contract to provide the 284
necessary services by a simple majority vote of the members. All 285
printing undertaken under the terms of the temporary contract 286
shall be completed by the temporary printer. 287
Sec. 101.52. After passage and before enrollment, bills 296
shall be printed in ten point type on pages containing seven and 297
one-half by four and one-half inches of solid matter, on paper 298
specified by the state in its notice for proposals for state 299
printing. Bills shall be printed in the exact language in which 300
they were passed, under the supervision of the clerk of the house 301
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in which they originated. New matter shall be indicated by 302
capitalization and old matter omitted by striking through such 303
matter. Prior capitalization in a Revised Code section shall be 304
indicated by italicized type. 305
Five copies of each bill shall be printed in a form 307
suitable for distribution as enrolled bills and not less than one 308
thousand nor more than six thousand copies of each bill shall be 309
printed in a form suitable for distribution as pamphlet laws. 310
The pamphlet laws shall be prepared as follows: 311
(A) Copies in such number as may be agreed upon by the 313
clerk of the senate and the executive secretary CHIEF 314
ADMINISTRATIVE OFFICER of the house OF REPRESENTATIVES, but in no 315
case shall more than five thousand be printed and apportioned 317
among the senators and representatives;
(B) Five hundred copies for distribution by the secretary 319
of state. 320
Sec. 101.61. The clerk of the senate and the legislative 329
clerk of the house of representatives shall keep a daily journal 330
of the proceedings of his THE CLERK'S house of the general 332
assembly, which shall be read and corrected in his THE CLERK'S 333
presence. After the reading, CORRECTION, and approval of the 335
journal, it shall be attested by the clerk or legislative clerk 336
and recorded in books furnished by the secretary of state. The 337
recorded journals shall be deposited with the secretary of state, 338
OHIO HISTORICAL SOCIETY and be the true journals. The original 340
daily journal, as kept, corrected, approved, and attested, shall 341
be delivered by the clerk or legislative clerk to the printer of 342
the journals for his THE PRINTER'S use in printing them. The 343
clerk or legislative clerk shall read and correct the proof 344
sheets, carefully compare them with the recorded journals, and 345
correct any errors. 346
Sec. 101.62. No executive message, address, communication 355
of a state officer or board, report of the superintendent or 356
other officers of a state institution or building, petition or 357
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memorial, argumentative or voluminous report of a standing or a 358
select committee or a joint committee of both houses, special 359
report of an officer or board in reply to a resolution of either 360
house or to a joint resolution, or other voluminous document,
except amendments to the constitution or to bills and 361
resolutions, and protests of members of either house against an 362
act or resolution thereof, shall be entered upon the journals or 363
recorded in the books provided for in section 101.61 of the 365
Revised Code.
Sec. 101.65. The clerk of the senate and the legislative 374
clerk of the house of representatives shall make an index to the 376
journal kept by him THE CLERK, and an index of its appendix, and 378
deliver them to the printer, who shall print them at the end of 379
the proper volumes. The clerk of the senate and the legislative 380
clerk of the house of representatives shall make an index to the 381
recorded journal and deliver it to the secretary of state OHIO 382
HISTORICAL SOCIETY, who WHICH shall preserve it with the recorded 384
journal.
Sec. 101.67. The clerk of the senate and the legislative 393
clerk of the house of representatives shall preserve the papers 395
laid before the house of which he THE OFFICER is clerk or 397
legislative clerk, and such of them as are ordered printed he THE 398
CLERK shall forthwith deliver to the printer for his THE 399
PRINTER'S use in printing them. The clerk of the senate and 401
legislative THE clerk of the house of representatives shall read 403
and correct the proofs of papers ordered to be printed by either
house. The printer shall immediately print five hundred copies 404
thereof. Each executive officer shall receive one copy, and the 405
state librarian five copies, which he THE STATE LIBRARIAN shall 406
preserve.
Sec. 101.69. All money collected by the senate clerk's 415
office from the sale of flags, insignia, seals, frames for 416
resolutions, and similar items shall be deposited in the state 417
treasury to the credit of the senate miscellaneous sales fund, 418
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which is hereby created. Money credited to the fund shall be
used solely to pay costs of procuring such items. Any costs of 419
procuring such items in excess of the money available in the fund 420
shall be paid out of the regular appropriation to the senate. 421
All money collected by the house executive secretary's 423
office OF THE CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF 424
REPRESENTATIVES for the sale of flags, insignia, seals, frames 425
for resolutions, and similar items shall be deposited in the 426
state treasury to the credit of the house miscellaneous sales
fund, which is hereby created. Money credited to the fund shall 427
be used solely to pay costs of procuring such items. Any costs 428
of procuring such items in excess of the money available in the 429
fund shall be paid out of the regular appropriation to the house 430
OF REPRESENTATIVES.
Sec. 102.09. (A) The secretary of state and the county 439
board of elections shall furnish, to each candidate for elective 440
office who is required to file a financial disclosure statement 441
by section 102.02 of the Revised Code, a financial disclosure 442
form, and shall notify the appropriate ethics commission, within 443
fifteen days of the name of the candidate, and of the subsequent 444
withdrawal, disqualification, or death of the candidate. The 445
candidate shall acknowledge receipt of the financial disclosure 446
form in writing. 447
(B) The secretary of state and the county board of 449
elections shall furnish to each person who is appointed to fill a 450
vacancy for an unexpired term in an elective office, and who is 451
required to file a financial disclosure statement by section 452
102.02 of the Revised Code, a financial disclosure form, and 453
shall notify the appropriate ethics commission within fifteen 454
days of being notified by the appointing authority, of the name 455
and position of the public official and the date of appointment. 456
The person shall acknowledge receipt of the financial disclosure 457
form in writing. 458
(C) The public agency or appointing authority that 460
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employs, appoints, or promotes any public official or employee 461
who, as a result of such employment, appointment, or promotion, 462
is required to file a financial disclosure statement by section 463
102.02 of the Revised Code, shall, within fifteen days of the 464
employment, appointment, or promotion, furnish the public 465
official or employee with a financial disclosure form, and shall 466
notify the appropriate ethics commission of the name and position 467
of the public official or employee and the date of employment, 468
appointment, or promotion. The public official or employee shall 469
acknowledge receipt of the financial disclosure form in writing. 470
(D) The clerk of the senate and executive secretary THE 472
CHIEF ADMINISTRATIVE OFFICER of the house of representatives 473
shall distribute to every member of his THE CLERK'S OR CHIEF 474
ADMINISTRATIVE OFFICER'S respective house prior to the first day 475
of February a copy of the form for filing the financial 477
disclosure statement under section 102.02 of the Revised Code. 478
The member shall acknowledge his receipt OF THE FORM in writing. 479
(E) Within fifteen days after any public official or 481
employee begins the performance of his official duties, the 482
public agency with which he THE OFFICIAL OR EMPLOYEE serves or 483
the appointing authority shall furnish him THE OFFICIAL OR 485
EMPLOYEE a copy of Chapter 102. and section 2921.42 of the 487
Revised Code, and may furnish such other materials as the
appropriate ethics commission prepares for distribution. The 488
official or employee shall acknowledge their receipt in writing. 489
The requirements of this division do not apply at the time of 490
reappointment or reelection. 491
Sec. 103.15. At the close of each second regular session 500
of the general assembly, the clerk of the senate and the 501
legislative clerk of the house of representatives shall deliver 503
to the director of the Ohio legislative service commission copies 504
of all bills, joint resolutions, important petitions, memorials, 505
and other legislative document DOCUMENTS passed or presented 506
during each session of the general assembly. 507
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Sec. 105.61. (A) As used in this section, "elected 516
officials" means all of the following:
(1) The chief justice and justices of the supreme court, 518
judges of courts of appeals and common pleas courts, and all 519
other judges of courts of record; 520
(2) The governor, lieutenant governor, secretary of state, 522
auditor of state, treasurer of state, and attorney general; 523
(3) Clerks of the courts of common pleas, county auditors, 525
county commissioners, county coroners, county engineers, county 526
recorders, county treasurers, prosecuting attorneys, and 527
sheriffs;
(4) Township trustees and clerks. 529
(B) The elected officials compensation commission created 532
under section 105.62 of the Revised Code shall periodically 533
evaluate the salaries and duties of elected officials to 534
determine whether the salaries of elected officials are fair and 535
adequate compensation for the duties they are required to 536
perform. If the commission determines that these salaries are
not fair and adequate compensation for these duties, it shall 537
recommend necessary adjustments at the times specified in 538
division (C) of this section. 539
(C) Any recommendations that the commission makes to 541
adjust the salaries of any or all elected officials shall be 543
filed with the legislative clerk of the house of representatives 545
and the clerk of the senate on or after the first day of January 546
but before the thirtieth day of September of an odd-numbered 547
year.
Sec. 123.151. (A) As used in this section, "minority 556
business enterprise" has the meaning given in division (E)(1) of 557
section 122.71 of the Revised Code. 558
(B)(1) The director of administrative services shall make 560
rules in accordance with Chapter 119. of the Revised Code 561
establishing procedures by which minority businesses may apply to 562
the equal employment opportunity coordinator for certification as 563
12
minority business enterprises. 564
(2) Any minority business enterprise that desires to bid 566
on a contract under division (C)(1) or (D)(1) of this section or 567
to be a minority business subcontractor or materialman MATERIALS 569
SUPPLIER under division (C)(2) or (D)(2) of this section shall 570
first apply to the coordinator for certification. The 571
coordinator shall approve the application of any minority 572
business enterprise that complies with the rules adopted under 573
this division. Any person adversely affected by an order of the 574
coordinator denying certification as a minority business 575
enterprise may appeal as provided in Chapter 119. of the Revised 576
Code. The coordinator shall prepare and maintain a list of 577
certified minority business enterprises.
(C)(1) From the contracts to be awarded under section 579
123.15 and Chapter 153. of the Revised Code, the director shall 580
select a number of contracts with an aggregate value of 581
approximately five per cent of the total estimated value of 582
contracts to be awarded in the current fiscal year. The director 583
shall set aside the contracts so selected for bidding by minority 584
business enterprises only. The bidding procedures for such 585
contracts shall be the same as for all other contracts awarded 586
under section 123.15 and Chapter 153. of the Revised Code except 587
that only minority business enterprises certified and listed 588
under division (B) of this section shall be qualified to submit 589
bids. 590
(2)(a) Any contractor awarded a contract authorized by 592
section 123.15 and Chapter 153. of the Revised Code or a contract 593
included under division (D) of this section shall make every 594
effort to ensure that certified minority business subcontractors 595
and materialmen MATERIALS SUPPLIERS participate in the contract. 596
In the case of contracts specified in division (A) of section 599
153.50 of the Revised Code, the total value of subcontracts 601
awarded to and materials and services purchased from minority 602
businesses shall be at least ten per cent of the total value of 603
13
the contract, wherever possible and whenever the contractor 604
awards subcontracts or purchases materials or services. In the 605
case of all other contracts, the total value of subcontracts 606
awarded to certified minority businesses shall equal at least 607
five per cent of the total value of the contract. The total 608
value of both the subcontracts awarded to and the purchases of 609
materials made from such businesses shall equal at least ten per 610
cent of the total value of the contract, wherever possible and 611
whenever the contractor awards subcontracts or purchases 612
materials or services. 613
(b) Except as provided in divisions (C)(3) and (4) of this 615
section, the department of administrative services shall not 616
enter into any contract authorized under section 123.15 and 617
Chapter 153. of the Revised Code, including any contract set 618
aside under division (C)(1) of this section, unless the contract 619
contains a provision stipulating that the contractor, to the 620
extent that it subcontracts work, will award subcontracts 621
totaling no less than five per cent of the total value of the 622
contract to minority businesses certified under division (B) of 623
this section and that the total value of both the materials 624
purchased from minority businesses certified under division (B) 625
of this section and of the subcontracts awarded, to the extent 626
that it subcontracts work, to such minority businesses will equal 627
at least seven per cent of the total value of the contract; 628
except that in the case of contracts specified in division (A) of 629
section 153.50 of the Revised Code, the contractor shall 633
stipulate that the total value of both the subcontracts awarded 634
to and the materials and services purchased from minority
businesses certified under division (B) of this section will 635
equal at least seven per cent of the total value of the contract; 636
but for the purposes of meeting the seven per cent requirement, 637
the value of services shall not be more than five per cent of the 638
total value of the contract. To the extent that the contractor 639
subcontracts work less than the percentages required to be 640
14
subcontracted to minority business enterprises as established in 641
this section, the total value of the subcontracts awarded to 642
minority business enterprises certified under division (B) of 643
this section need not exceed the actual amount of such 644
subcontracts awarded. 645
(3) Where a contractor is unable to agree to the provision 647
required by division (C)(2) of this section because, having made 648
a good faith effort, the contractor is unable to locate qualified 650
minority businesses available to accept subcontracts or sell 651
materials or services, the contractor may apply to the 652
coordinator and the set aside review board created under division 654
(C)(4) of this section for a waiver or modification of the 655
provision. The coordinator shall review the application and 656
shall make a recommendation to the board to allow or disallow the 657
request. After receipt of the coordinator's recommendation, the 658
board shall review the request. If the board finds that the 659
contractor has made a good faith effort to locate and reach 660
agreement with minority business subcontractors and materialmen 661
MATERIALS SUPPLIERS or service providers but has been unable to 663
do so due to circumstances beyond the reasonable control of the 664
contractor, it may authorize the contract to include, in lieu of 665
the provision required by division (C)(2) of this section, a 666
provision stipulating a lesser percentage of the total value of 667
the contract to be designated for minority business 668
subcontractors and materialmen MATERIALS SUPPLIERS or it may 670
waive such provision entirely, or stipulate a higher percentage 671
of services permissible in contracts specified in division (A) of 673
section 153.50 of the Revised Code. If the board does not grant 675
the contractor's application for waiver or modification, and if 676
the contractor is unable to agree with the provision required by 677
division (C)(2) of this section, the contractor's bid shall be 678
deemed nonresponsive to the specifications for which the bid was 679
submitted. Such nonresponsiveness shall not be a basis for 680
forfeiture of a bid guaranty or bond required by law if the
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contractor made application to the board for a waiver or 681
modification within ten days following notification of award of 682
the contract. 683
If a contractor requests a waiver or modification because 685
the contractor intends to contract with an enterprise that has 687
sought certification as a minority business enterprise in 688
accordance with division (B)(2) of this section, but the 689
coordinator has not rendered a decision certifying the 690
enterprise, the board may grant the modification or waiver 691
requested, insofar as it applies to that enterprise, if the 692
enterprise's application for certification was filed with the 693
coordinator at least sixty days prior to the contractor's request 694
for waiver or modification and the contractor gives assurances 695
satisfactory to the board that the contractor will award a 696
contract to the enterprise seeking certification. 697
(4) There is hereby created in the department of 699
administrative services the set aside review board, consisting of 700
the director of administrative services or the director's 701
designee, one member of the house of representatives appointed by 703
the governor with the recommendation of the speaker of the house 704
of representatives, and one member of the senate appointed by the 705
governor with the recommendation of the president of the senate. 706
Legislative members of the board shall serve four-year terms. Any 708
legislative vacancy on the board shall be filled in the same
manner as the original appointment. Members of the board shall 709
not receive compensation but shall be reimbursed for all 710
necessary expenses incurred in the course of their official 711
duties. 712
The board shall hear all applications of contractors for 714
waiver or modification of the contract provision required by 715
division (C)(2) of this section and shall make a decision on each 716
such application within thirty days of its receipt by the board. 717
(5) The director shall adopt rules in accordance with 719
Chapter 119. of the Revised Code requiring the following notice 720
16
to be included in boldface type and capital letters in all bid 721
notifications and specifications for any contract authorized 722
under section 123.15 and Chapter 153. of the Revised Code and in 723
any contract covered by division (D) of this section: "Minority 724
business set-aside requirements as specified in section 123.151 725
of the Revised Code apply to this project. Copies of section 726
123.151 of the Revised Code can be obtained from any of the 727
offices of the department of administrative services." The rules 728
shall specify the number of days after the date on which bids are 729
opened by which the successful bidder shall notify the 730
contracting agency concerning the provisions the bidder has made 732
or reasonably can be expected to make for meeting the provisions 733
of division (C)(2) of this section. 734
(D)(1) To the extent that any state agency, other than the 736
department of administrative services, and any port authority is 737
authorized to enter into contracts for construction, the agency 738
shall set aside a number of contracts the aggregate value of 739
which equals approximately five per cent of the aggregate value 740
of construction contracts for the current fiscal year for bidding 741
by minority business enterprises only. The bidding procedures 742
for the contracts set aside for minority business enterprises 743
shall be the same as for all other contracts awarded by the 744
agency or port authority, except that only minority business 745
enterprises certified and listed under division (B) of this 746
section shall be qualified to submit bids. 747
(2) All contracts for construction entered into by any 749
state agency, other than the department of administrative 750
services, and any port authority including contracts set aside 751
under division (D)(1) of this section, shall contain the same 752
provision required by division (C)(2) of this section, subject to 753
modification or waiver by the set aside review board in the 754
manner specified by divisions (C)(3) and (4) of this section. The 756
rules of the director adopted under division (C)(5) of this
section shall be applicable to contracts under this division. 757
17
(E) In the case of contracts set aside under division 759
(C)(1) or (D)(1) of this section, if no bid is submitted by a 760
minority business enterprise, the contract shall be awarded 761
according to normal bidding procedures. The contracting agency 762
or port authority shall from time to time set aside such 763
additional contracts for bidding only by minority business 764
enterprises as are necessary to replace those contracts 765
previously set aside on which no minority business enterprises 766
bid and to ensure that, in any fiscal year, the aggregate amount 767
of construction contracts awarded to minority business 768
enterprises will equal approximately five per cent of the total 769
amount of construction contracts awarded by the agency or port 770
authority. 771
(F) This section does not preclude any minority business 773
enterprise from bidding on any other contract not specifically 774
set aside for minority business enterprises. 775
(G) No funds of any state agency or port authority shall 777
be expended in any fiscal year for construction until the 778
director of administrative services certifies or the chairperson 780
of the port authority, whichever is appropriate, CERTIFIES to the 781
equal employment opportunity coordinator, the clerk of the 783
senate, and the legislative clerk of the house of representatives 784
that approximately five per cent of the aggregate amount of the 785
projected expenditure for construction in the fiscal year has 786
been set aside as provided for in this section. 787
(H) The department of administrative services, every other 789
state agency authorized to enter into contracts for construction 790
or contracts for purchases of equipment, materials, supplies, 791
contracts of insurance, or services, and every port authority 792
shall file a report every ninety days with the equal employment 793
opportunity coordinator. The report shall be filed at a time and 794
in a form prescribed by the coordinator. The report shall 795
include the name of each minority business enterprise that the 796
agency or port authority entered into a contract with during the 797
18
preceding ninety-day period and the total value and type of each 798
such contract. No later than thirty days after the end of each 799
fiscal year, the coordinator shall notify in writing each state 800
agency and port authority that has not complied with the 801
reporting requirements of this division for the prior fiscal 802
year. A copy of this notification regarding a state agency shall 803
be submitted to the director of budget and management. No later 804
than thirty days after the notification, the agency or port 805
authority shall submit to the coordinator the information 806
necessary to comply with the reporting requirements of this 807
division. If, after the expiration of this thirty-day period, 808
the agency has not complied with the reporting requirements of 809
this division, the coordinator shall certify to the director of 810
budget and management that the agency has not complied with the 811
reporting requirements of this division. A copy of this 812
certification shall be submitted to the agency. Thereafter, no 813
funds of the state agency required to report by this division 814
shall be expended during the fiscal year for construction or 815
purchases of equipment, materials, supplies, contracts of 816
insurance, or services until the coordinator certifies to the 817
director of budget and management that the agency has complied 818
with the reporting requirements of this division for the prior 819
fiscal year. 820
If any port authority has not complied with the reporting 822
requirement after the expiration of the thirty-day period, the 823
coordinator shall certify to the speaker of the house of 824
representatives and the president of the senate that the port 825
authority has not complied with the reporting requirements of 826
this division. A copy of this certification shall be submitted 827
to the port authority. Upon receipt of the certification, the 828
speaker of the house of representatives and the president of the 829
senate shall take such action or make such recommendations to the 830
members of the general assembly as they consider necessary to 831
correct the situation. 832
19
(I) Any person who intentionally misrepresents himself or 834
herself SELF as owning, controlling, operating, or participating 836
in a minority business enterprise for the purpose of obtaining 837
contracts, subcontracts, or any other benefits under this section 838
shall be guilty of theft by deception as provided for in section 839
2913.02 of the Revised Code. 840
Sec. 124.18. (A) Forty hours shall be the standard work 850
week for all employees whose salary or wage is paid in whole or 851
in part by the state or by any state-supported college or 852
university. When any employee whose salary or wage is paid in 853
whole or in part by the state or by any state-supported college 854
or university is required by an authorized administrative 855
authority to be in an active pay status more than forty hours in 856
any calendar week, the employee shall be compensated for such 857
time over forty hours, except as otherwise provided in this 859
section, at one and one-half times the employee's regular rate of 860
pay. The use of sick leave shall not be considered to be active 861
pay status for the purposes of earning overtime or compensatory 862
time by employees whose wages are paid directly by warrant of the 863
auditor of state. A flexible-hours employee is not entitled to 864
compensation for overtime work unless the employee's authorized 865
administrative authority required the employee to be in active 867
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 869
in the same calendar week.
The authorized administrative authority shall be designated 871
by the appointing authority to the director of administrative 872
services. Such compensation for overtime work shall be paid no 873
later than at the conclusion of the next succeeding pay period. 874
If the employee elects to take compensatory time off in 876
lieu of overtime pay, for any overtime worked, such compensatory 877
time shall be granted by the employee's administrative superior, 879
on a time and one-half basis, at a time mutually convenient to 880
the employee and the administrative superior. An employee may 881
20
accrue compensatory time to a maximum of two hundred forty hours, 882
except that public safety employees and other employees who meet 883
the criteria established in the "Federal Fair Labor Standards Act 884
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 885
accrue a maximum of four hundred eighty hours of compensatory 886
time. An employee shall be paid at the employee's regular rate 888
of pay for any hours of compensatory time accrued in excess of 889
these maximum amounts if the employee has not used the 890
compensatory time within one hundred eighty days after it is 891
granted, if the employee transfers to another agency of the 892
state, or if a change in the employee's status exempts the 893
employee from the payment of overtime compensation. Upon the 895
termination of employment, any employee with accrued but unused 896
compensatory time shall be paid for that time at a rate that is 897
the greater of the employee's final regular rate of pay or the 898
employee's average regular rate of pay during the employee's last 899
three years of employment with the state. 900
No overtime, as described in this section, can be paid 902
unless it has been authorized by the authorized administrative 903
authority. Employees may be exempted from the payment of 904
compensation as required by this section only under the criteria 905
for exemption from the payment of overtime compensation 906
established in the "Federal Fair Labor Standards Act of 1938," 52 907
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 908
of the director of administrative services, the appointing 909
authority may establish a policy to grant compensatory time or to 910
pay compensation to state employees who are exempt from overtime 911
compensation. With the approval of the board of county 912
commissioners, a county human services department may establish a 913
policy to grant compensatory time or to pay compensation to 914
employees of the department who are exempt from overtime 915
compensation.
(B) An employee, whose salary or wage is paid in whole or 917
in part by the state, shall be paid for the holidays declared in 918
21
section 124.19 of the Revised Code and shall not be required to 919
work on such holidays, unless in the opinion of the employee's 920
responsible administrative authority failure to work on such 921
holidays would impair the public service. An employee shall not 922
be paid for a holiday unless the employee was in active pay 923
status on the scheduled work day immediately preceding the 925
holiday. In the event that any of the holidays declared in 926
section 124.19 of the Revised Code should fall on Saturday, the 927
Friday immediately preceding shall be observed as the holiday. 928
In the event that any of the holidays declared in section 124.19 929
of the Revised Code should fall on Sunday, the Monday immediately 930
succeeding shall be observed as the holiday. If an employee's 931
work schedule is other than Monday through Friday, the employee 932
shall be entitled to holiday pay for holidays observed on the 934
employee's day off regardless of the day of the week on which 936
they are observed. A full-time permanent employee is entitled to 937
eight hours of pay for each holiday regardless of the employee's 938
work shift and work schedule. A flexible-hours employee is 939
entitled to holiday pay for the number of hours for which the 940
employee normally would have been scheduled to work. Part-time 941
permanent employees shall be paid holiday pay for that portion of 942
any holiday for which they would normally have been scheduled to 943
work. When an employee who is eligible for overtime pay under 944
this section is required by the employee's responsible 945
administrative authority to work on the day observed as a 947
holiday, the employee shall be entitled to pay for such time 949
worked at one and one-half times the employee's regular rate of 950
pay in addition to the employee's regular pay, or to be granted 952
compensatory time off at time and one-half thereafter, at the 953
employee's option. Payment at such rate shall be excluded in the 954
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 956
employees in an agency who are flexible-hours employees. The 957
appointing authority may establish for each flexible-hours 958
22
employee a specified minimum number of hours to be worked each 959
day that is consistent with the "Federal Fair Labor Standards Act 960
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 961
(D) This section shall be uniformly administered for 963
employees as defined in section 124.01 of the Revised Code and by 964
the personnel departments of state-supported colleges and 965
universities for employees of state-supported colleges and 966
universities. If employees are not paid directly by warrant of 967
the auditor of state, the political subdivision shall determine 969
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 970
compensatory time. 971
(E) Policies relating to the payment of overtime pay or 973
the granting of compensatory time off shall be adopted by the 974
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 976
representatives for employees of the house of representatives, by 977
the clerk of the senate for employees of the senate, and by the 978
director of the legislative service commission for all other 979
legislative employees.
(F) As used in this section, "regular rate of pay" means 981
the base rate of pay an employee receives plus any pay 982
supplements received pursuant to section 124.181 of the Revised 983
Code.
Sec. 125.081. (A) From the purchases that the department 992
of administrative services is required by law to make through 993
competitive selection, the director OF ADMINISTRATIVE SERVICES 994
shall select a number of such purchases, the aggregate value of 996
which equals approximately fifteen per cent of the estimated 997
total value of all such purchases to be made in the current 998
fiscal year. The director shall set aside the purchases selected 999
for competition only by minority business enterprises, as defined 1,000
in division (E)(1) of section 122.71 of the Revised Code. The 1,001
competitive selection procedures for such purchases set aside 1,002
shall be the same as for all other purchases the department is 1,003
23
required to make through competitive selection, except that only 1,004
minority business enterprises certified by the equal employment 1,005
opportunity coordinator of the department of administrative 1,006
services in accordance with the rules adopted under division 1,007
(B)(1) of section 123.151 of the Revised Code and listed by the 1,008
director under division (B) of section 125.08 of the Revised Code 1,009
shall be qualified to compete. 1,010
(B) To the extent that any agency of the state, other than 1,012
the department of administrative services, the legislative and 1,013
judicial branches, boards of elections, and the adjutant general, 1,014
is authorized to make purchases, the agency shall set aside a 1,015
number of purchases, the aggregate value of which equals 1,016
approximately fifteen per cent of the aggregate value of such 1,017
purchases for the current fiscal year for competition by minority 1,018
business enterprises only. The procedures for such purchases 1,019
shall be the same as for all other such purchases made by the 1,020
agency, except that only minority business enterprises certified 1,021
by the equal employment opportunity coordinator in accordance 1,022
with rules adopted under division (B)(1) of section 123.151 of 1,023
the Revised Code shall be qualified to compete. 1,024
(C) In the case of purchases set aside under division (A) 1,026
or (B) of this section, if no bid is submitted by a minority 1,027
business enterprise, the purchase shall be made according to 1,028
usual procedures. The contracting agency shall from time to time 1,029
set aside such additional purchases for which only minority 1,030
business enterprises may compete, as are necessary to replace 1,031
those purchases previously set aside for which no minority 1,032
business enterprises bid and to ensure that, in any fiscal year, 1,033
the aggregate amount of contracts awarded to minority business 1,034
enterprises will equal approximately fifteen per cent of the 1,035
total amount of contracts awarded by the agency. 1,036
(D) The provisions of this section shall not preclude any 1,038
minority business enterprise from competing for any other state 1,039
purchases that are not specifically set aside for minority 1,040
24
business enterprises. 1,041
(E) No funds of any state agency shall be expended in any 1,043
fiscal year for any purchase for which competitive selection is 1,044
required, until the director of the department of administrative 1,045
services certifies to the equal employment opportunity 1,046
coordinator, the clerk of the senate, and the legislative clerk 1,047
of the house of representatives of the general assembly that 1,048
approximately fifteen per cent of the aggregate amount of the 1,049
projected expenditure for such purchases in the fiscal year has 1,050
been set aside as provided for in this section. 1,051
(F) Any person who intentionally misrepresents himself 1,053
SELF as owning, controlling, operating, or participating in a 1,054
minority business enterprise for the purpose of obtaining 1,055
contracts, subcontracts, or any other benefits under this section 1,056
shall be guilty of theft by deception as provided for in section 1,057
2913.02 of the Revised Code. 1,058
Sec. 125.31. (A) The department of administrative 1,067
services shall have supervision of all public printing except as 1,068
follows: 1,069
(1) Printing for the general assembly shall be under the 1,071
supervision of the clerk of the senate and the executive 1,072
secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,073
representatives.
(2) Printing for the Ohio arts council shall be under the 1,076
supervision of the council.
(3) Printing for the capitol square review and advisory 1,079
board shall be under the supervision of the board.
(4) Printing for the bureau of workers' compensation shall 1,082
be under the supervision of the administrator of workers'
compensation unless the administrator requests the department to 1,083
supervise printing for the bureau. 1,084
(5) Printing for state-supported institutions of higher 1,086
education shall be under the supervision of the department of 1,087
purchasing of each such institution or the department or officer 1,088
25
within each institution that performs the functions of a 1,089
department of purchasing. 1,090
(B) The department of administrative services shall 1,092
determine, except as otherwise specifically provided by law, the 1,094
number of copies to be printed of each publication or document, 1,095
the source of reproduction, the manner of binding, THE quality of 1,096
paper, AND the general kind, size, and spacing of type to be used 1,097
in all reports, publications, bulletins, documents, or pamphlets 1,098
printed at public expense.
The department shall not use its authority to curtail the 1,101
release of public information by any elected state official. 1,102
(C) For the purposes of sections 125.31 to 125.76 of the 1,104
Revised Code, all functions, powers, and duties assigned to the 1,105
department of administrative services are considered to be 1,106
assigned to the division of state printing within the department 1,107
of administrative services. 1,108
Sec. 125.42. (A) No officer, board, or commission, except 1,117
the clerk of the senate and the executive secretary CHIEF 1,118
ADMINISTRATIVE OFFICER of the house of representatives as to 1,119
first and second class printing, shall print or cause to be 1,120
printed at the public expense, any report, bulletin, document, or 1,121
pamphlet, unless such report, bulletin, document, or pamphlet is 1,122
first submitted to, and the printing thereof approved by, the 1,123
department of administrative services. If such department 1,124
approves the printing, it shall determine the form of such
printing and the number of copies. 1,125
If such approval is given, the department shall cause the 1,127
same to be printed and bound as provided by sections 125.47 to 1,128
125.56 of the Revised Code, except as otherwise provided by 1,129
section 125.45 of the Revised Code; and when printed, such 1,130
publications or forms shall be delivered to the ordering officer,
board, commission, or department, or sold at a price not to 1,131
exceed the total cost.
(B) The department of administrative services annually 1,133
26
shall set a maximum cost per page and a maximum total cost for 1,134
the printing by any board, commission, council, or other public 1,135
body of the state of any annual report or any other report that 1,136
it is required by law to produce. No board, commission, council, 1,137
or other public body of the state shall expend or incur the 1,138
expenditure of any amount in excess of these maximum amounts
without the prior approval of the department. This division does 1,139
not apply to the general assembly or any court. 1,140
Sec. 125.58. The department of administrative services 1,149
shall promptly notify each successful bidder of the acceptance of 1,150
his THE BIDDER'S proposal for state printing. If such bidder 1,151
fails to execute his THE contract because of death or other 1,152
cause, or if he THE BIDDER fails to execute the work required by 1,153
his THE contract in a proper manner and with reasonable 1,155
promptness, or his THE contract is abandoned, or its execution is 1,157
temporarily suspended, the department may enter into a contract
with another person for the prompt execution of the work for the 1,158
lowest price which may be obtained. Before any work is relet in 1,159
consequence of the misconduct or default of the contractor, the 1,160
department shall give him THE CONTRACTOR written notice thereof. 1,161
The department of administrative services or, the clerk of the 1,162
senate, or the executive secretary CHIEF ADMINISTRATIVE OFFICER 1,163
of the house of representatives may set a daily penalty charge 1,164
for late orders, provided the penalty schedule and amount are 1,165
stated in the invitation to bid for said THE printing. 1,166
Sec. 125.59. The journals of the two houses of the general 1,175
assembly shall be printed in the form specified in the invitation 1,176
to bid, provided there is no unnecessary spacing, or blank or 1,177
broken lines on pages. The number of copies specified by the 1,178
clerk of the senate and the executive secretary CHIEF 1,179
ADMINISTRATIVE OFFICER of the house of representatives, not to 1,180
exceed one thousand total, shall be printed daily during each 1,181
session of the general assembly, bound in pamphlet form without
covers, and the portion of the journal of the senate shall 1,182
27
precede the portion of the journal of the house of 1,183
representatives in each pamphlet.
Sec. 125.60. Each day the number of copies ordered shall 1,192
be delivered to the clerk of the senate and the executive 1,193
secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,194
representatives on or before the time specified. The composition 1,195
used in printing the daily journals shall be retained for use in 1,196
the final journals.
Sec. 127.16. (A) Upon the request of either a state 1,205
agency or the director of budget and management and after the 1,206
controlling board determines that an emergency or a sufficient 1,207
economic reason exists, the controlling board may approve the 1,208
making of a purchase without competitive selection as provided in 1,209
division (B) of this section. 1,210
(B) Except as otherwise provided in this section, no state 1,212
agency, using money that has been appropriated to it directly, 1,213
shall: 1,214
(1) Make any purchase from a particular supplier, that 1,216
would amount to fifty thousand dollars or more when combined with 1,217
both the amount of all disbursements to the supplier during the 1,218
fiscal year for purchases made by the agency and the amount of 1,219
all outstanding encumbrances for purchases made by the agency 1,220
from the supplier, unless the purchase is made by competitive 1,221
selection or with the approval of the controlling board; 1,222
(2) Lease real estate from a particular supplier, if the 1,224
lease would amount to seventy-five thousand dollars or more when 1,225
combined with both the amount of all disbursements to the 1,226
supplier during the fiscal year for real estate leases made by 1,227
the agency and the amount of all outstanding encumbrances for 1,228
real estate leases made by the agency from the supplier, unless 1,229
the lease is made by competitive selection or with the approval 1,230
of the controlling board. 1,231
(C) Any person who authorizes a purchase in violation of 1,233
division (B) of this section shall be liable to the state for any 1,234
28
state funds spent on the purchase, and the attorney general shall 1,235
collect the amount from the person. 1,236
(D) Nothing in division (B) of this section shall be 1,238
construed as: 1,239
(1) A limitation upon the authority of the director of 1,241
transportation as granted in sections 5501.17, 5517.02, and 1,242
5525.14 of the Revised Code; 1,243
(2) Applying to medicaid provider agreements under Chapter 1,245
5111. of the Revised Code or payments or provider agreements 1,248
under disability assistance medical assistance established under 1,249
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,251
supplier by a state licensing board under Title XLVII of the 1,252
Revised Code; 1,253
(4) Applying to entertainment contracts for the Ohio state 1,255
fair entered into by the Ohio expositions commission, provided 1,256
that the controlling board has given its approval to the 1,257
commission to enter into such contracts and has approved a total 1,258
budget amount for such contracts as agreed upon by commission 1,259
action, and that the commission causes to be kept itemized 1,260
records of the amounts of money spent under each contract and 1,261
annually files those records with the legislative clerk of the 1,262
house of representatives and the clerk of the senate following 1,263
the close of the fair; 1,264
(5) Limiting the authority of the chief of the division of 1,266
mines and reclamation to contract for reclamation work with an 1,267
operator mining adjacent land as provided in section 1513.27 of 1,268
the Revised Code; 1,269
(6) Applying to investment transactions and procedures of 1,271
any state agency, except that the agency shall file with the 1,272
board the name of any person with whom the agency contracts to 1,273
make, broker, service, or otherwise manage its investments, as 1,274
well as the commission, rate, or schedule of charges of such 1,275
person with respect to any investment transactions to be 1,276
29
undertaken on behalf of the agency. The filing shall be in a 1,277
form and at such times as the board considers appropriate. 1,278
(7) Applying to purchases made with money for the per cent 1,280
for arts program established by section 3379.10 of the Revised 1,281
Code; 1,282
(8) Applying to purchases made by the rehabilitation 1,284
services commission of services, or supplies, that are provided 1,285
to persons with disabilities, or to purchases made by the 1,286
commission in connection with the eligibility determinations it 1,287
makes for applicants of programs administered by the social 1,288
security administration; 1,289
(9) Applying to payments by the department of human 1,291
services under section 5111.13 of the Revised Code for group 1,292
health plan premiums, deductibles, coinsurance, and other 1,293
cost-sharing expenses; 1,294
(10) Applying to any agency of the legislative branch of 1,296
the state government; 1,297
(11) Applying to agreements entered into under section 1,299
5101.11, 5101.21, or 5101.211 of the Revised Code; 1,300
(12) Applying to purchases of services by the adult parole 1,302
authority under section 2967.14 of the Revised Code or by the 1,303
department of youth services under section 5139.08 of the Revised 1,304
Code; 1,305
(13) Applying to dues or fees paid for membership in an 1,307
organization or association; 1,308
(14) Applying to purchases of utility services pursuant to 1,310
section 9.30 of the Revised Code; 1,311
(15) Applying to purchases made in accordance with rules 1,313
adopted by the department of administrative services of motor 1,314
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,315
such vehicles; 1,316
(16) Applying to purchases of tickets for passenger air 1,318
transportation; 1,319
(17) Applying to purchases necessary to provide public 1,321
30
notifications required by law or to provide notifications of job 1,322
openings; 1,323
(18) Applying to the judicial branch of state government; 1,325
(19) Applying to purchases of liquor for resale by the 1,327
department or, on and after July 1, 1997, the division of liquor 1,328
control;
(20) Applying to purchases of motor courier and freight 1,330
services made in accordance with department of administrative 1,331
services rules; 1,332
(21) Applying to purchases from the United States postal 1,334
service and purchases of stamps and postal meter replenishment 1,335
from vendors at rates established by the United States postal 1,336
service; 1,337
(22) Applying to purchases of books, periodicals, 1,339
pamphlets, newspapers, maintenance subscriptions, and other 1,340
published materials; 1,341
(23) Applying to purchases from other state agencies, 1,343
including state-assisted institutions of higher education; 1,344
(24) Limiting the authority of the director of 1,346
environmental protection to enter into contracts under division 1,347
(D) of section 3745.14 of the Revised Code to conduct compliance 1,348
reviews, as defined in division (A) of that section; 1,349
(25) Applying to purchases from a qualified nonprofit 1,351
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,352
Code; 1,353
(26) Applying to payments by the department of human 1,355
services to the United States department of health and human 1,356
services for printing and mailing notices pertaining to the tax 1,357
refund offset program of the internal revenue service of the 1,358
United States department of the treasury; 1,359
(27) Applying to contracts entered into by the department 1,361
of mental retardation and developmental disabilities under 1,362
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,363
(28) Applying to payments made by the department of mental 1,365
31
health under a physician recruitment program authorized by 1,366
section 5119.101 of the Revised Code; 1,367
(29) Applying to contracts entered into with persons by 1,369
the director of commerce for unclaimed funds collection and 1,370
remittance efforts as provided in division (F) of section 169.03 1,372
of the Revised Code. The director shall keep an itemized 1,375
accounting of unclaimed funds collected by those persons and 1,376
amounts paid to them for their services.
(E) Notwithstanding division (B)(1) of this section, the 1,378
cumulative purchase threshold shall be seventy-five thousand 1,379
dollars for the departments of mental retardation and 1,380
developmental disabilities, mental health, rehabilitation and 1,381
correction, and youth services. 1,382
(F) When determining whether a state agency has reached 1,384
the cumulative purchase thresholds established in divisions 1,385
(B)(1), (B)(2), and (E) of this section, all of the following 1,386
purchases by such agency shall not be considered: 1,387
(1) Purchases made through competitive selection or with 1,389
controlling board approval; 1,390
(2) Purchases listed in division (D) of this section; 1,392
(3) For the purposes of the thresholds of divisions (B)(1) 1,394
and (E) of this section only, leases of real estate. 1,395
(G) As used in this section, "competitive selection," 1,397
"purchase," "supplies," and "services" have the same meanings as 1,398
in section 125.01 of the Revised Code. 1,399
Sec. 129.52. An amount of money in the improvements bond 1,408
retirement fund created by Section 2f of Article VIII, Ohio 1,409
Constitution, sufficient to pay all interest, principal, and 1,410
charges for the issuance and retirement of bonds or other 1,411
obligations issued pursuant to Section 2f of Article VIII, Ohio 1,412
Constitution, and section 129.50 of the Revised Code, due and 1,413
payable during that calendar year, is hereby pledged and 1,414
appropriated for that purpose. 1,415
Whenever on the first day of any calendar quarter or if on 1,417
32
receipt of the proceeds of the sale of bonds or other obligations 1,418
to be used to retire outstanding bonds or other obligations, 1,419
there are sufficient moneys to the credit of the improvements 1,420
bond retirement fund created by Section 2f of Article VIII, Ohio 1,421
Constitution, to meet in full all requirements of interest, 1,422
principal, and charges for the issuance and retirement of bonds 1,423
or other obligations issued pursuant to Section 2f of Article 1,424
VIII, Ohio Constitution, and section 129.50 of the Revised Code, 1,425
due and payable during the then current calendar year and to 1,426
provide the necessary accruals during such year for such 1,427
requirements for the next succeeding calendar year, the 1,428
commissioners of the sinking fund shall make a certification of 1,429
such fact to the clerk of the senate, the executive secretary 1,430
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,432
the treasurer of state, together with the amount of moneys in 1,433
such bond retirement fund in excess of such requirements and 1,434
accruals thereon to be paid from that fund. The treasurer of 1,435
state shall transfer and expend moneys in excess of the amount so 1,436
required to be retained in the improvements bond retirement fund 1,437
created by Section 2f of Article VIII, Ohio Constitution, at such 1,438
times and as may be provided by law. 1,439
Sec. 129.56. Upon the payment in full of all interest, 1,448
principal, and charges for the issuance and retirement of all 1,449
bonds and other obligations issued pursuant to Section 2f of 1,450
Article VIII, Ohio Constitution, and section 129.50 of the 1,452
Revised Code, the commissioners of the sinking fund shall make a
certification of such fact to the clerk of the senate, the 1,453
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,455
representatives, and the treasurer of state.
Sec. 129.64. Upon the payment in full of all interest, 1,464
principal, and charges for the issuance and retirement of all 1,465
bonds and notes issued pursuant to Section 2h of Article VIII, 1,466
Ohio Constitution, and section 129.60 of the Revised Code, the 1,467
commissioners of the sinking fund shall make a certification of 1,468
33
such fact to the clerk of the senate, the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,470
the treasurer of state.
Sec. 149.091. The secretary of state shall publish and 1,479
distribute a maximum of nine hundred copies of the session laws 1,480
in permanently bound form, either annually or biennially. The 1,481
permanently bound volumes shall contain copies of all enrolled 1,482
acts and joint resolutions, and shall contain a subject index and 1,483
a table indicating Revised Code sections affected. The secretary 1,484
of state shall cause to be printed in each volume his THE 1,485
SECRETARY OF STATE'S certificate that the laws, as assembled 1,487
therein, are true copies of the original enrolled bills in his 1,488
THE SECRETARY OF STATE'S office.
The secretary of state shall distribute the permanently 1,490
bound volumes of the session laws in the following manner: 1,491
(A) One hundred nine copies shall be forwarded to the 1,493
legislative clerk of the house of representatives. 1,494
(B) Forty-three copies shall be forwarded to the clerk of 1,496
the senate. 1,497
(C) One copy shall be forwarded to each county auditor. 1,499
(D) One copy shall be forwarded to each county law 1,501
library. 1,502
(E) Seventy-five copies shall be forwarded to the Ohio 1,504
supreme court. 1,505
(F) Two copies shall be forwarded to the division of the 1,507
library of congress. 1,508
(G) Two copies shall be forwarded to the state library. 1,510
(H) Two copies shall be forwarded to the Ohio historical 1,512
society. 1,513
(I) Thirteen copies shall be forwarded to the legislative 1,515
service commission. 1,516
(J) Two hundred copies may be distributed, free of charge, 1,518
to public officials. 1,519
(K) Remaining copies may be sold by the secretary of state 1,521
34
at a price to be determined by the department of administrative 1,522
services, but such selling price shall not exceed by ten per cent 1,523
the cost of publication and distribution. 1,524
Sec. 149.17. Highway maps shall be published by the state 1,533
and shall be officially designated as "Highway Maps of Ohio." The 1,535
director of transportation may designate the improved roads by 1,536
color, and revise such maps from time to time as the improvement 1,537
of the roads may justify.
The director shall secure a copyright of the said maps from 1,539
time to time when so published. The director may distribute the 1,540
first edition of these maps, which has been published as a 1,541
bulletin of the department of transportation, as follows: to 1,542
each county commissioner, county auditor, and county engineer, 1,543
one copy; to the director for distribution among those who 1,544
gratuitously helped in preparing maps, one hundred fifty copies; 1,545
for distribution among the several state departments, three 1,546
hundred copies; to the state library, one hundred copies; to each 1,547
newspaper correspondent of the general assembly, one copy; to the 1,548
clerk of the senate and TO the legislative clerk and executive 1,550
secretary THE CHIEF ADMINISTRATIVE OFFICER of the house of 1,551
representatives, one copy each; to each sergeant at arms, of the 1,552
senate and of the house of representatives, one copy; the 1,553
remaining copies to be equally divided among the members of the 1,554
general assembly.
Sec. 164.11. (A) The issuer shall, on or before the 1,563
fifteenth day of January of each calendar year, certify to the 1,564
office of budget and management the total amount of moneys 1,565
required during that calendar year to meet in full all payments 1,566
of bond service charges and financing costs due and payable in 1,567
that calendar year on outstanding obligations, the principal 1,568
amount of notes and any financing costs which are to be paid from 1,569
the proceeds of the bonds anticipated or of renewal notes issued 1,570
pursuant to section 164.09 of the Revised Code, and the balance 1,571
required to be otherwise provided. 1,572
35
(B) When the moneys to the credit of the bond service fund 1,574
are sufficient to provide for payment of the balance required as 1,575
stated in the certificate provided for in division (A) of this 1,576
section, the issuer shall certify such fact to the office of 1,577
budget and management. 1,578
(C) If and so long as the moneys to the credit of the bond 1,580
service fund are insufficient to meet in full all payments of the 1,581
balance required as stated in the certificate provided for in 1,582
division (A) of this section, the issuer shall at such times as 1,583
provided in the bond proceedings, and in any event within ten 1,584
days prior to the date any such payments are due, certify to the 1,585
office of budget and management the total amount of such bond 1,586
service charges, the amount of moneys to the credit of the bond 1,587
service fund, and the amount of additional money necessary to be 1,588
credited to the bond service fund to meet in full the payment of 1,589
such bond service charges when due. 1,590
(D) If upon the certification provided for in division (A) 1,592
or (C) of this section, or if on presentation of obligations for 1,593
payment of bond service charges when due, there are insufficient 1,594
moneys in the bond service fund for payment of bond service 1,595
charges and costs of credit facilities as so certified, the 1,596
issuer shall, upon consultation with the director of budget and 1,597
management, transfer a sufficient amount to the bond service fund 1,598
from the undistributed receipts derived from all fees, taxes, 1,599
excises, and other receipts of the state, except fees, excises, 1,600
or taxes relating to the registration, operation, or use of 1,601
vehicles on the public highways, or to fuels used for propelling 1,602
such vehicles, which excises and taxes, other than those 1,603
excepted, are and shall be deemed to be levied, in addition to 1,604
the purposes otherwise provided for by law, to provide in 1,605
accordance with sections 164.09 to 164.12 of the Revised Code and 1,606
the bond proceedings for the payment of bond service charges and 1,607
costs of credit facilities. The levy and collection of such 1,608
excises and taxes and their application to the payment of the 1,609
36
bond service charges and costs relating to credit facilities, as 1,610
provided by this section, shall continue and is hereby covenanted 1,611
with the holders of such obligations and providers of credit 1,612
facilities to be continued so long as such obligations are 1,613
outstanding. 1,614
(E) The general assembly may from time to time repeal or 1,616
reduce any fee, excise, or tax pledged pursuant to Section 2k or 1,618
2m of Article VIII, Ohio Constitution, to the payment of the bond 1,619
service charges, and may levy any new or increased fee, excise, 1,620
or tax to meet the pledge to the payment of bond service charges 1,621
on outstanding obligations of the state's full faith and credit, 1,622
revenues, and taxing power, except fees, excises, or taxes 1,623
relating to the registration, operation, or use of vehicles on 1,624
the public highways, or to fuels used for propelling such 1,625
vehicles. Nothing in this division authorizes any impairment of 1,626
the obligation of this state to levy and collect sufficient fees, 1,627
excises, and taxes to pay bond service charges on obligations 1,628
outstanding in accordance with their terms. 1,629
(F) Upon the payment or provision for payment in full of 1,631
all bond service charges on all obligations in accordance with 1,632
their terms, the issuer shall certify such fact to the clerk of 1,633
the senate, the legislative clerk of the house of 1,634
representatives, the office of budget and management, and the 1,635
commissioners of the sinking fund. Upon making such 1,636
certification the issuer shall transfer all moneys then remaining 1,637
to the credit of the bond service fund, and not needed for the 1,638
purpose of paying bond service charges, to the general revenue 1,639
fund. 1,640
Sec. 1555.14. Upon the payment in full of all interest, 1,649
principal, and charges for the retirement of all obligations 1,650
issued pursuant to Section 15 of Article VIII, Ohio Constitution, 1,651
and section 1555.08 of the Revised Code, the commissioners of the 1,652
sinking fund shall make a certification of such fact to the clerk 1,653
of the senate, the legislative clerk of the house of
37
representatives, and the treasurer of state. 1,654
Upon receipt of such certification the treasurer of state 1,656
shall transfer all moneys then remaining to the credit of the 1,657
coal research and development bond service fund to the general 1,658
revenue fund.
Sec. 2331.11. The following persons are privileged from 1,667
arrest: 1,668
(A) Members, the executive secretary CHIEF ADMINISTRATIVE 1,670
OFFICER of the house OF REPRESENTATIVES, the legislative clerk of 1,672
the house OF REPRESENTATIVES, clerks, sergeants at arms, 1,673
doorkeepers, and messengers of the senate and house of
representatives, during the sessions of the general assembly, and 1,674
while traveling to and from such sessions, allowing one day for 1,675
every twenty-five miles of the distance, by the route most 1,676
usually traveled; whoever arrests such a person in violation of 1,677
this division shall pay one hundred dollars, to be recovered by 1,678
civil action, in the name and for the use of the person injured; 1,679
(B) Electors, while going to, returning from, or in 1,681
attendance at elections; 1,682
(C) Judges of the courts, while attending court, and also 1,684
during the time necessarily employed in going to, holding, and 1,685
returning from the court which it is their duty to attend; 1,686
(D) Attorneys, clerks of courts, sheriffs, coroners, 1,688
constables, criers, suitors, jurors, and witnesses, while going 1,689
to, attending, or returning from court; 1,690
(E) Israelites and such other persons as religiously 1,692
observe the last or any other day of the week as a day of 1,693
worship, on such day, within, going to, or returning from their 1,694
places of worship, or during the time of service, and while going 1,695
to or returning therefrom; 1,696
(F) A person doing militia duty under the order of such 1,698
person's commanding officer or while going to or returning from 1,699
the place of duty or parade. 1,700
Sec. 3317.09. All moneys distributed to a school district, 1,709
38
including any cooperative education or joint vocational school 1,711
district and all moneys distributed to any educational service
center, by the state whether from a state or federal source, 1,713
shall be accounted for by the division of school finance of the 1,714
department of education. All moneys distributed shall be coded 1,715
as to county, school district or educational service center,
source, and other pertinent information, and at the end of each 1,717
month, a report of such distribution shall be made by such 1,718
division of school finance to the clerk of the senate and the 1,719
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,721
representatives, to the Ohio legislative service commission to be 1,722
available for examination by any member of either house, to each 1,723
school district and educational service center, and to the
governor. 1,724
On or before the first day of September in each year, a 1,726
copy of the annual statistical report required in sections 1,727
3319.33 and 3319.34 of the Revised Code shall be filed by the 1,728
state board of education with the clerk of the senate and the 1,729
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,730
representatives, the Ohio legislative service commission, the 1,732
governor, and the auditor of state. The report shall contain an 1,733
analysis for the prior fiscal year on an accrual basis of revenue 1,734
receipts from all sources and expenditures for all purposes for 1,735
each school district and each educational service center, 1,736
including each joint vocational and cooperative education school 1,737
district, in the state. If any board of education or any 1,738
educational service center governing board fails to make the 1,739
report required in sections 3319.33 and 3319.34 of the Revised 1,740
Code, the superintendent of public instruction shall be without 1,741
authority to distribute funds to that school district or 1,742
educational service center pursuant to sections 3317.022 to 1,743
3317.0212, 3317.11, 3317.16, 3317.17, or 3317.19 of the Revised 1,745
Code until such time as the required reports are filed with all 1,746
specified officers, boards, or agencies.
39
Sec. 5117.12. (A) On or before the thirty-first day of 1,755
August of each year, each energy company shall file a written 1,756
report with the tax commissioner regarding the impact, if any, of 1,757
the requirements of division (E) of section 5117.11 of the 1,758
Revised Code on the number of uncollectible and past due 1,759
residential accounts for the twelve-month period ending on the 1,760
preceding thirty-first day of July. The report shall include 1,761
such information as is prescribed by the tax commissioner. The 1,762
information shall be based on actual reviews of residential 1,763
customer accounts and shall be presented in verifiable form. The 1,764
tax commissioner may consult with the public utilities commission 1,765
and the consumers' counsel in prescribing the contents of such 1,766
reports and complying with the requirements of division (C)(4) of 1,767
this section. 1,768
(B) Before the thirty-first day of January of each year, 1,770
the tax commissioner shall prepare a written report including a 1,771
final review of the Ohio energy credit program for which 1,772
applications were required to be mailed or provided by the 1,773
fifteenth day of June of the second preceding calendar year 1,774
pursuant to section 5117.03 of the Revised Code and an interim 1,775
review of the program for which applications were required to be 1,776
mailed or provided by the fifteenth day of June of the preceding 1,777
calendar year under such section. On or before the thirty-first 1,778
day of January of each year, the commissioner shall provide 1,779
written copies of such report to the speaker of the house of 1,780
representatives, president of the senate, minority leaders of the 1,781
house of representatives and senate, chairpersons of the house 1,783
finance-appropriations FINANCE AND APPROPRIATIONS committee and 1,784
senate finance committee, chairpersons of the committees of the 1,785
house of representatives and senate customarily entrusted with 1,786
matters concerning public utilities, legislative clerk of the 1,787
house OF REPRESENTATIVES, and clerk of the senate. 1,788
(C) Each report prepared under division (B) of this 1,790
section shall include a review of: 1,791
40
(1) Program costs; 1,793
(2) The number of persons receiving credits or payments 1,795
under the program; 1,796
(3) Progress in the implementation of any changes in the 1,798
program made by the general assembly within the period covered by 1,799
the report; 1,800
(4) The impact, if any, of the requirements of division 1,802
(E) of section 5117.11 of the Revised Code on the number of 1,803
uncollectible and past due residential accounts of energy 1,804
companies for the twelve-month period ending on the preceding 1,805
thirty-first day of July; 1,806
(5) The impact of any federal energy assistance programs 1,808
available to the same groups of people as are eligible for the 1,809
energy credit program under sections 5117.01 to 5117.12 of the 1,810
Revised Code, together with any recommendations on modifications 1,811
that may, because of the federal programs, be needed in the 1,812
energy credit program; 1,813
(6) Any suggestions for improving the program; 1,815
(7) Any other matters considered appropriate by the 1,817
commissioner. 1,818
(D) The tax commissioner shall consult with the auditor of 1,820
state, energy companies, energy dealers, department of aging, and 1,821
commission on Hispanic-Latino affairs in the preparation of any 1,823
report under this section. The commissioner may require 1,824
information from such agencies for the purpose of preparing such 1,825
report.
Sec. 5119.39. (A) The director of mental health may enter 1,834
into agreements with any person, political subdivision, or state 1,835
agency for the sale or lease of land or facilities under the 1,836
jurisdiction of the director in the following manner: 1,837
(1) The director shall designate lands and facilities that 1,839
are not needed by the department and are under the jurisdiction 1,840
of the department. 1,841
(2) The director shall have a preliminary appraisal made 1,843
41
of any lands or facilities designated under division (A) of this 1,844
section by a disinterested professional appraiser from the 1,845
department of administrative services. The appraiser shall 1,846
deliver to the director a signed certificate of the probable 1,847
market value of the lands and facilities as determined from the 1,848
preliminary appraisal. 1,849
(3) The director shall certify to the legislative clerk of 1,851
the house of representatives and to the clerk of the senate a 1,852
list of all lands and facilities which may be sold or leased, and 1,853
shall include with the list the results of the preliminary 1,854
appraisals of the lands and facilities, a general description of 1,855
the land and facilities, and a description of the current use of 1,856
the land and facilities. 1,857
(4) Every list of lands and facilities certified by the 1,859
director to the legislative clerk of the house of representatives 1,860
and to the clerk of the senate under division (A)(3) of this 1,861
section, shall immediately be transmitted by the respective 1,862
clerks to the committees in the house and the senate to which 1,863
land conveyance bills are usually referred. If either committee 1,864
files in its clerk's office, within sixty calendar days of the 1,865
original certification of the lands and facilities by the 1,866
director, a report disapproving the sale or lease of any lands or 1,867
facilities, the sale or lease of the lands or facilities 1,868
disapproved in the report shall not be made under this section. 1,869
With respect to a sale or lease of lands and facilities that has 1,870
not been disapproved under this division, the director shall 1,871
certify those lands and facilities to the auditor of state. 1,872
(5) After certification to the auditor of state under 1,874
division (A)(4) of this section, the director of mental health 1,875
shall have a formal appraisal made of the lands and facilities by 1,876
a disinterested professional appraiser from the department of 1,877
administrative services. The director may accept the formal 1,878
appraisal or he may reject it and order a new formal appraisal by 1,879
a disinterested professional appraiser who shall not be from the 1,880
42
department of administrative services. The director may then 1,881
sell or lease the lands or facilities in accordance with this 1,882
division and department of administrative services procedures as 1,883
set forth in Chapter 123. of the Revised Code. Any such deed or 1,884
lease shall be prepared and recorded pursuant to section 5301.13 1,885
of the Revised Code. The department of administrative services 1,886
shall be the sole agent for the state and shall complete the sale 1,887
or lease of the lands or facilities, up to and including the 1,888
closing thereof, after the director approves the sale price. The 1,889
director and the director of administrative services may, if it 1,890
is determined to be in the best interests of the state, agree to 1,891
sell surplus land for an amount less than the formal appraised 1,892
value but shall not sell any land for less than two-thirds of the 1,893
formal appraised value. 1,894
(B) Coincident with his THE certification MADE under 1,896
division (A)(3) of this section concerning lands which may be 1,897
sold, the director shall give written notice of his THE 1,898
DIRECTOR'S intention to sell the lands by certified mail to the 1,899
executive officer of each county, township, municipal 1,901
corporation, and school district within which the lands are 1,902
situated. In each notice, the director shall specify the 1,903
conditions under which the lands shall be sold, including whether 1,904
the lands will be sold as a single unit or sold in specific 1,905
parcels that he THE DIRECTOR designates, and shall solicit from 1,906
the subdivision offers to purchase the lands in accordance with
the conditions he THE DIRECTOR has specified and at a price equal 1,908
to the preliminary appraised value determined pursuant to 1,909
division (A)(2) of this section. If, within thirty days of 1,910
having certified the lands to the auditor of state under division 1,911
(A)(4) of this section, the director receives from the executive 1,912
officer of a subdivision a written offer to purchase the lands at 1,913
or above the price specified in his THE DIRECTOR'S original 1,914
notice to the officer, provided such offer otherwise complies 1,915
with the conditions of purchase specified in his THE DIRECTOR'S 1,916
43
original notice, the director shall forthwith enter into an 1,917
agreement to sell the lands to the subdivision. The agreement 1,918
shall incorporate any and all terms that are acceptable to both 1,919
parties and that are consistent with the terms specified in the 1,920
director's original notice. If no offer to purchase is received 1,921
by the director within the thirty-day period provided in this 1,922
division, the director's original notice shall be considered 1,923
withdrawn and he THE DIRECTOR shall be under no obligation to 1,924
sell any of the lands specified in the notice to the subdivision. 1,926
If two or more offers to purchase the same parcels of land are 1,927
received by the director within the required time period from the 1,928
executive officers of two or more subdivisions, the director 1,929
shall accept the offer or offers to purchase that he THE DIRECTOR 1,930
considers to be in the best interests of the state and of the 1,932
department of mental health and shall proceed to enter into 1,933
agreements of sale pursuant to this division. If all of the 1,934
director's original notices relating to a given parcel of land 1,935
become withdrawn, he THE DIRECTOR may thereupon proceed to sell 1,936
the parcel as otherwise provided in this section. No subdivision
may commence an action to enforce the provisions of this 1,937
division, or to seek any other legal or equitable remedy relative 1,938
to this division, with respect to any lands certified to the 1,939
auditor of state under division (A)(4) of this section, except 1,940
within sixty days of the date on which the lands were so 1,941
certified.
(C) Any agreement under this section shall be at such 1,943
terms as will be in the best interests of the state and the 1,944
department of mental health. However, the terms of any agreement 1,945
for sale shall include a provision that the purchaser will abide 1,946
by any comprehensive plan for the area that has been adopted by 1,947
the local government in which the property is located before the 1,948
parties enter into the agreement. No lease shall be of a 1,949
duration greater than fifteen years. No agreement, except an 1,950
agreement entered into under division (B) of this section, shall 1,951
44
be entered into before the proposal to sell or lease the land or 1,952
facilities has been advertised once each week for four weeks in a 1,953
newspaper of general circulation in every county in which the 1,954
lands or facilities are located and if the preliminary appraised 1,955
value of the land to be sold or leased is more than one hundred 1,956
thousand dollars, advertisement shall be made once each week for 1,957
four weeks in at least two newspapers in the state having a daily 1,958
circulation of one hundred thousand or more. If a city in this 1,959
state is served by more than one newspaper having a circulation 1,960
of one hundred thousand or more, advertisement may be made in 1,961
only one of the newspapers serving the city. 1,962
(D) Each deed or lease prepared and recorded pursuant to 1,964
this section shall contain a recital stating that all provisions 1,965
of this section have been complied with. The recital shall be 1,966
considered binding and conclusive against all subdivisions of the 1,967
state provided no action has been commenced pursuant to division 1,968
(B) of this section. Any deed or lease containing such a recital 1,969
shall be conclusively presumed to have been executed in 1,970
compliance with this section insofar as title or other interest 1,971
of any bona fide purchasers, lessees, or transferees of the 1,972
property is concerned. 1,973
(E) Nothing in this section shall be construed as 1,975
establishing a precedent for the disposal of state lands and 1,976
facilities by other departments of the state. 1,977
Sec. 5123.231. (A) Until June 30, 1981, or until the 1,986
department of mental retardation and developmental disabilities 1,987
has achieved substantial compliance with the standards for the 1,988
physical facilities and equipment of institutions under its 1,989
jurisdiction as required by section 5123.16 of the Revised Code, 1,990
the director of the department may enter into agreements with any 1,991
person, political subdivision, or state agency for the sale or 1,992
lease of land or facilities under the jurisdiction of the 1,993
director in the following manner: 1,994
(1) The director shall designate lands and facilities that 1,996
45
are not needed by the department and are under the jurisdiction 1,997
of the department. 1,998
(2) The director shall have a preliminary appraisal made 2,000
of any lands or facilities designated under division (A) of this 2,001
section by a disinterested professional appraiser from the 2,002
department of administrative services. The appraiser shall 2,003
deliver to the director a signed certificate of the probable 2,004
market value of the lands and facilities as determined from the 2,005
preliminary appraisal. 2,006
(3) The director shall certify to the legislative clerk of 2,008
the house of representatives and to the clerk of the senate a 2,009
list of all lands and facilities which may be sold or leased, and 2,010
shall include with the list the results of the preliminary 2,011
appraisals of the lands and facilities, a general description of 2,012
the land and facilities, and a description of the current use of 2,013
the land and facilities. 2,014
(4) Every list of lands and facilities certified by the 2,016
director to the legislative clerk of the house of representatives 2,017
and to the clerk of the senate under division (A)(3) of this 2,018
section, shall immediately be transmitted by the respective 2,019
clerks to the committees in the house and the senate to which 2,020
land conveyance bills are usually referred. If either committee 2,021
files in its clerk's office, within sixty calendar days of the 2,022
original certification of the lands and facilities by the 2,023
director, a report disapproving the sale or lease of any lands or 2,024
facilities, the sale or lease of the lands or facilities 2,025
disapproved in the report shall not be made under this section. 2,026
With respect to a sale or lease of lands and facilities that has 2,027
not been disapproved under this division, the director shall 2,028
certify those lands and facilities to the auditor of state. 2,029
(5) After certification to the auditor of state under 2,031
division (A)(4) of this section, the director shall have a formal 2,032
appraisal made of the lands and facilities by a disinterested 2,033
professional appraiser from the department of administrative 2,034
46
services. The director may accept the formal appraisal or he THE 2,035
DIRECTOR may reject it and order a new formal appraisal by a 2,037
disinterested professional appraiser who shall not be from the 2,038
department of administrative services. The director may then 2,039
sell or lease the lands or facilities in accordance with this 2,040
division and department of administrative services procedures as 2,041
set forth in Chapter 123. of the Revised Code. Any such deed or 2,042
lease shall be prepared and recorded pursuant to section 5301.13 2,043
of the Revised Code. The department of administrative services 2,044
shall be the sole agent for the state and shall complete the sale 2,045
or lease of the lands or facilities, up to and including the 2,046
closing thereof, after the director approves the sale price. The 2,047
director and the director of administrative services may, if it 2,048
is determined to be in the best interests of the state, agree to 2,049
sell surplus land for an amount less than the formal appraised 2,050
value but shall not sell any land for less than two-thirds of the 2,051
formal appraised value. 2,052
(B) Coincident with his THE DIRECTOR'S certification under 2,054
division (A)(3) of this section concerning lands which may be 2,056
sold, the director shall give written notice of his THE intention 2,057
to sell the lands by certified mail to the executive officer of 2,059
each county, township, municipal corporation, and school district 2,060
within which the lands are situated. In each notice, the 2,061
director shall specify the conditions under which the lands shall 2,062
be sold, including whether the lands will be sold as a single 2,063
unit or sold in specific parcels that he THE DIRECTOR designates, 2,064
and shall solicit from the subdivision offers to purchase the 2,066
lands in accordance with the conditions he THE DIRECTOR has 2,067
specified and at a price equal to the preliminary appraised value 2,069
determined pursuant to division (A)(2) of this section. If, 2,070
within thirty days of having certified the lands to the auditor 2,071
of state under division (A)(4) of this section, the director 2,072
receives from the executive officer of a subdivision a written 2,073
offer to purchase the lands at or above the price specified in 2,074
47
his THE DIRECTOR'S original notice to the officer, provided such 2,076
offer otherwise complies with the conditions of purchase 2,077
specified in his THE DIRECTOR'S original notice, the director 2,078
shall forthwith enter into an agreement to sell the lands to the 2,079
subdivision. The agreement shall incorporate any and all terms 2,080
that are acceptable to both parties and that are consistent with 2,081
the terms specified in the director's original notice. If no 2,082
offer to purchase is received by the director within the 2,083
thirty-day period provided in this division, the director's 2,084
original notice shall be considered withdrawn and he THE DIRECTOR 2,086
shall be under no obligation to sell any of the lands specified 2,087
in the notice to the subdivision. If two or more offers to 2,088
purchase the same parcels of land are received by the director 2,089
within the required time period from the executive officers of 2,090
two or more subdivisions, the director shall accept the offer or 2,091
offers to purchase that he THE DIRECTOR considers to be in the 2,092
best interests of the state and of the department and shall 2,094
proceed to enter into agreements of sale pursuant to this 2,095
division. If all of the director's original notices relating to 2,096
a given parcel of land become withdrawn, he THE DIRECTOR may 2,097
thereupon proceed to sell the parcel as otherwise provided in 2,099
this section. No subdivision may commence an action to enforce 2,100
the provisions of this division, or to seek any other legal or 2,101
equitable remedy relative to this division, with respect to any 2,102
lands certified to the auditor of state under division (A)(4) of 2,103
this section, except within sixty days of the date on which the 2,104
lands were so certified.
(C) Any agreement under this section shall be at such 2,106
terms as will be in the best interests of the state and the 2,107
department of mental retardation and developmental disabilities. 2,108
However, the terms of any agreement for sale shall include a 2,109
provision that the purchaser will abide by any comprehensive plan 2,110
for the area that has been adopted by the local government in 2,111
which the property is located before the parties enter into the 2,112
48
agreement. No lease shall be of a duration greater than forty 2,113
years. No agreement, except an agreement entered into under 2,114
division (B) of this section, shall be entered into before the 2,115
proposal to sell or lease the land or facilities has been 2,116
advertised once each week for four weeks in a newspaper of 2,117
general circulation in every county in which the lands or 2,118
facilities are located and if the preliminary appraised value of 2,119
the land to be sold or leased is more than one hundred thousand 2,120
dollars advertisement shall be made once each week for four weeks 2,121
in at least two newspapers in the state having a daily 2,122
circulation of one hundred thousand or more. If a city in this 2,123
state is served by more than one newspaper having a circulation 2,124
of one hundred thousand or more, advertisement may be made in 2,125
only one of the newspapers serving the city. 2,126
(D) Each deed or lease prepared and recorded pursuant to 2,128
this section shall contain a recital stating that all provisions 2,129
of this section have been complied with. The recital shall be 2,130
considered binding and conclusive against all subdivisions of the 2,131
state provided no action has been commenced pursuant to division 2,132
(B) of this section. Any deed or lease containing such a recital 2,133
shall be conclusively presumed to have been executed in 2,134
compliance with this section insofar as title or other interest 2,135
of any bona fide purchasers, lessees, or transferees of the 2,136
property is concerned. 2,137
(E) Except as otherwise provided in this division, all 2,139
moneys received from the sale or lease of lands and facilities 2,140
under this section shall be deposited in the state treasury to 2,141
the credit of the general revenue fund. All moneys received from 2,142
the sale or lease of lands and facilities under this section that 2,143
were purchased with funds from the mental health facilities 2,144
improvement fund created by division (F) of section 154.20 of the 2,145
Revised Code shall be credited to the mental health facilities 2,146
improvement fund. 2,147
(F) Nothing in this section shall be construed as 2,149
49
establishing a precedent for the disposal of state lands and 2,150
facilities by other departments of the state. 2,151
Sec. 5528.19. Upon the payment in full of all interest, 2,160
principal, and charges for the retirement of all bonds and other 2,162
obligations which may be issued pursuant to Section 2g of Article 2,163
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the 2,165
Revised Code, the commissioners of the sinking fund shall make a 2,166
certification of such fact to the clerk of the senate, the
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 2,167
representatives, and the treasurer of state. 2,168
Upon the receipt of such certification, the treasurer of 2,170
state shall transfer all moneys remaining to the credit of the 2,171
highway improvement bond retirement fund, created by section 2,172
5528.12 of the Revised Code, to the highway obligations bond 2,173
retirement fund created by section 5528.32 of the Revised Code. 2,174
Sec. 5528.56. (A) The treasurer of state on behalf of the 2,183
commissioners of the sinking fund, on or before the fifteenth day 2,184
of July of each fiscal year, shall certify to the office of 2,185
budget and management the total amount of moneys required during 2,186
that fiscal year to meet in full all payments of bond service 2,187
charges and financing costs which are not to be paid from the 2,188
proceeds of the bonds anticipated or of renewal notes issued 2,189
pursuant to section 5528.54 of the Revised Code.
(B) When the moneys to the credit of the bond service fund 2,191
are sufficient to provide for payment of the amount required as 2,192
stated in the certificate provided for in division (A) of this 2,193
section, the commissioners shall certify such fact to the office 2,194
of budget and management.
(C) If and so long as the moneys to the credit of the bond 2,196
service fund, together with any other funds available for the 2,197
purpose, are insufficient to meet in full all payments of the 2,198
amount required as stated in the certificate provided for in 2,199
division (A) of this section, the commissioners shall at such 2,200
times as provided in the bond proceedings, and in any event 2,201
50
within ten days prior to the date any such payments are due,
certify to the office of budget and management the total amount 2,202
of such bond service charges and financing costs, the amount of 2,203
moneys to the credit of the bond service fund and any other funds 2,204
available for the purpose, and the amount of additional money 2,205
necessary to be credited to the bond service fund to meet in full 2,206
the payment of such bond service charges and financing costs when
due.
(D) If upon the certification provided for in division (A) 2,209
or (C) of this section, or if on presentation of obligations for 2,210
payment of bond service charges when due, there are insufficient 2,211
moneys in the bond service fund and any other funds available for
the purpose for payment of bond service charges and financing 2,212
costs as so certified, the commissioners, upon consultation with 2,213
the director of budget and management, shall transfer a 2,214
sufficient amount to the bond service fund from the receipts 2,215
derived from all excises, taxes, and other revenues of the state, 2,216
including those referred to in Section 5a of Article XII, Ohio 2,217
Constitution, which excises, taxes, and revenues are and shall be 2,218
deemed to be levied, in addition to the purposes otherwise 2,219
provided for by law, to provide in accordance with sections 2,220
5528.51 to 5528.56 of the Revised Code and the bond proceedings
for the payment of bond service charges and financing costs. The 2,221
levy and collection of such excises, taxes, and revenues and 2,223
their application to the payment of the bond service charges and 2,224
financing costs, as provided by this section, shall continue and 2,225
the state hereby covenants with the holders of such obligations
and providers of credit enhancement facilities be continued, so 2,226
long as such obligations are outstanding. In each year that 2,227
moneys referred to in Section 5a of Article XII, Ohio 2,228
Constitution, pledged to the payment of bond service charges on 2,230
obligations issued pursuant to sections 5528.51 to 5528.55 of the 2,231
Revised Code are available for that purpose, such moneys shall be 2,232
appropriated thereto and the required application of any other 2,233
51
excises, taxes, and revenues shall be reduced in corresponding 2,234
amount.
(E) The general assembly may from time to time repeal or 2,236
reduce any excise, tax, or other source of revenue pledged 2,237
pursuant to Section 2m of Article VIII, Ohio Constitution, and 2,239
this section to the payment of the bond service charges, and may 2,240
levy any new or increased excise, tax, or revenue source to meet 2,241
the pledge to the payment of bond service charges on outstanding 2,242
obligations of the state's full faith and credit, revenue, and
taxing power. Nothing in this division authorizes any impairment 2,243
of the obligation of this state to levy, charge, and collect 2,244
sufficient excises, taxes, and revenues to pay bond service 2,245
charges on obligations outstanding in accordance with their 2,246
terms.
(F) Upon the payment or provision for payment in full of 2,248
all bond service charges on all obligations in accordance with 2,249
their terms, the commissioners shall certify that fact to the 2,250
clerk of the senate, the legislative clerk of the house of 2,251
representatives, the treasurer of state, and the office of budget 2,253
and management. Upon making such certification the treasurer of 2,254
state shall transfer to the general revenue fund all moneys then
remaining to the credit of the bond service fund and not needed 2,255
for the purpose of paying bond service charges. 2,256
Section 2. That existing sections 101.23, 101.271, 2,258
101.272, 101.29, 101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 2,259
101.62, 101.65, 101.67, 101.69, 102.09, 103.15, 105.61, 123.151, 2,260
124.18, 125.081, 125.31, 125.42, 125.58, 125.59, 125.60, 127.16, 2,261
129.52, 129.56, 129.64, 149.091, 149.17, 164.11, 1555.14, 2,262
2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and
5528.56 and section 101.25 of the Revised Code are hereby 2,263
repealed.
Section 3. The Office of Clerk of the House of 2,265
Representatives is a continuation of the former Office of 2,266
Legislative Clerk of the House of Representatives. The 2,267
52
individual holding office as Legislative Clerk of the House of 2,268
Representatives immediately before the effective date of this act 2,269
holds office as Clerk of the House of Representatives on and 2,270
after the effective date of this act. 2,271
Section 4. The Office of Chief Administrative Officer of 2,273
the House of Representatives is a continuation of the former 2,274
Office of the Executive Secretary of the House of 2,275
Representatives. The individual holding office as Executive 2,276
Secretary of the House of Representatives immediately before the 2,277
effective date of this act holds office as Chief Administrative 2,278
Officer of the House of Representatives on and after the 2,279
effective date of this act.
Section 5. Section 127.16 of the Revised Code is presented 2,281
in this act as a composite of the section as amended by both Am. 2,283
Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly,
with the new language of neither of the acts shown in capital 2,285
letters. This is in recognition of the principle stated in 2,286
division (B) of section 1.52 of the Revised Code that such 2,287
amendments are to be harmonized where not substantively 2,288
irreconcilable and constitutes a legislative finding that such is 2,289
the resulting version in effect prior to the effective date of 2,290
this act.