As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 649 5
1997-1998 6
REPRESENTATIVE GARDNER 8
10
A B I L L
To amend sections 101.23, 101.25, 101.271, 101.272, 12
101.29, 101.31, 101.32, 101.33, 101.50, 101.52, 13
101.61, 101.62, 101.65, 101.67, 101.69, 102.09, 14
103.15, 105.61, 123.151, 124.18, 125.081, 125.31, 15
125.42, 125.58, 125.59, 125.60, 127.16, 129.52, 16
129.56, 129.64, 149.091, 149.17, 164.11, 17
1555.14, 2331.11, 3317.09, 5117.12, 5119.39, 18
5123.231, 5528.19, and 5528.56 of the Revised 19
Code to improve operations of the General 20
Assembly by permitting members to resign without 21
a vote of acceptance, transferring 23
responsibility for preservation of the final 24
journals to the Ohio Historical Society, 25
retitling the Legislative Clerk of the House as 26
the Clerk of the House, retitling the Executive 28
Secretary of the House as the Chief
Administrative Officer of the House, updating the 29
mileage paid to certain officers of the Senate 30
and House, and clarifying that only the principal 31
sergeant at arms is to be paid mileage. 33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 101.23, 101.25, 101.271, 101.272, 37
101.29, 101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 101.62, 38
101.65, 101.67, 101.69, 102.09, 103.15, 105.61, 123.151, 124.18, 39
125.081, 125.31, 125.42, 125.58, 125.59, 125.60, 127.16, 129.52, 40
129.56, 129.64, 149.091, 149.17, 164.11, 1555.14, 2331.11, 41
2
3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and 5528.56 of the 42
Revised Code be amended to read as follows: 43
Sec. 101.23. The oath of office of senators and 52
representatives, the president and president pro tempore of the 53
senate, the speaker and speaker pro tempore of the house of 54
representatives, and the clerk of the senate, executive secretary 55
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 57
house of representatives, and their assistants, and the sergeant 58
at arms, and assistant sergeant at arms of each house, may be 59
administered by a member or by a person authorized to administer 60
oaths.
Sec. 101.25. The resignation of a senator or 69
representative during a REGULAR session of the general assembly 71
shall not take TAKES effect until the house of which he is a 73
member has accepted it by a vote of a majority of the members 74
elected thereto, exclusive of the person resigning, IF THE 75
RESIGNATION IS OF A SENATOR, AT THE TIME SPECIFIED IN A LETTER OF 76
RESIGNATION PRESENTED BY THE SENATOR TO THE PRESIDENT OF THE 77
SENATE OR, IF THE RESIGNATION IS OF A REPRESENTATIVE, AT THE TIME 78
SPECIFIED IN A LETTER OF RESIGNATION PRESENTED BY THE 79
REPRESENTATIVE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
When the general assembly is not in session HAS ADJOURNED ITS 81
REGULAR SESSION SINE DIE, the resignation of a senator or 82
representative shall be presented TAKES EFFECT AT THE TIME 83
SPECIFIED IN A LETTER OF RESIGNATION PRESENTED BY THE SENATOR OR
REPRESENTATIVE to the governor and take effect if accepted by 85
him. This section does not apply to a member-elect resigning 87
previous to the organization of the general assembly. 88
Sec. 101.271. (A) As used in this section, "medical 97
insurance premium" means any premium payment made under a 98
contract with an insurance company, nonprofit health plan, health 99
insuring corporation, or any combination of such organizations, 101
pursuant to section 124.82 of the Revised Code. 102
(B) After the general election in each even-numbered year, 104
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the clerk of the senate, with the assistance of the department of 105
administrative services, shall estimate the cost of the medical 106
insurance premiums that will be necessary to provide coverage, on 107
the same basis as for a similarly situated state employee, for 108
each person who is elected to a term as senator at such election, 109
or appointed to fill the unexpired portion of any such term, and 110
any of the senator's dependents qualified for coverage at the 112
time the senator assumes office. Using this estimate, the clerk 113
shall determine a fixed amount to be paid by the state in equal 114
monthly installments on behalf of the senator each year of the 115
senator's term as a medical insurance premium, but in no event in 116
an amount to exceed the total premium required in any month by 118
the contract of the state by the carrier. Any amount not paid in 119
such a case shall be placed in reserve and applied against any 120
subsequent month's premium up to the full amount thereof until 121
the entire amount has been paid along with the original estimate 122
for each month. This fixed amount shall be such that, as nearly 123
as can be predicted, the sum of the monthly premiums paid for the 124
senator during the senator's term shall equal the total amount of 126
medical insurance premiums that will be paid for such an 127
employee, as required by section 124.82 of the Revised Code, 128
during that term. The senator shall pay the difference between 129
the amount so fixed and the total premium required by the 130
contract of the state with the carrier.
(C) After the general election in each even-numbered year, 132
the executive secretary CHIEF ADMINISTRATIVE OFFICER of the house 134
of representatives, with the assistance of the department of 135
administrative services, shall estimate the cost of the medical 136
insurance premiums that will be necessary to provide coverage, on 137
the same basis as for a similarly situated state employee, for 138
each person who is elected to a term as representative at such 139
election, or appointed to fill the unexpired portion of any such 140
term, and any of the representative's dependents qualified for 141
coverage at the time the representative assumes office. Using 142
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this estimate, the executive secretary CHIEF ADMINISTRATIVE 143
OFFICER shall determine a fixed amount to be paid by the state in 144
equal monthly installments on behalf of the representative each 145
year of the representative's term as a medical insurance premium, 147
but in no event in an amount to exceed the total premium required 148
in any month by the contract of the state with the carrier. Any 149
amount not paid in such a case shall be placed in reserve and 150
applied against any subsequent month's premium up to the full 151
amount thereof until the entire reserve has been paid along with 152
the original estimate for each month. This fixed amount shall be 153
such that, as nearly as can be predicted, the sum of the monthly 154
premiums paid for the representative during the representative's 155
term shall equal the total amount of medical insurance premiums 157
that will be paid for such an employee, as required by section 158
124.82 of the Revised Code, during that term. The representative 159
shall pay the difference between the amount so fixed and the 160
total premium required by the contract of the state with the 161
carrier.
Sec. 101.272. (A) The house reimbursement fund is hereby 170
created in the state treasury. The fund shall consist of refunds 171
from the department of administrative services of overpayments of 172
medical insurance premiums accumulated under division (C) of 173
section 101.271 of the Revised Code; amounts received by the 174
house executive secretary's office OF THE CHIEF ADMINISTRATIVE 175
OFFICER OF THE HOUSE OF REPRESENTATIVES for salvage and recycling 176
of equipment, materials, and supplies; and payments from members 177
and employees for incidental use of house equipment or 178
facilities. The fund shall be used to pay operating expenses of 179
the house of representatives. 180
(B) The senate reimbursement fund is hereby created in the 182
state treasury. The fund shall consist of refunds from the 183
department of administrative services of overpayments of medical 184
insurance premiums accumulated under division (B) of section 185
101.271 of the Revised Code; amounts received by the senate 186
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clerk's office for salvage and recycling of equipment, materials, 187
and supplies; and payments from members and employees for 188
incidental use of senate equipment or facilities. The fund shall 189
be used to pay operating expenses of the senate. 190
Sec. 101.29. The senate and the house of representatives 199
shall choose their own officials and employees, respectively, and 200
fix their compensation. The clerk of the senate, executive 201
secretary THE CHIEF ADMINISTRATIVE OFFICER and legislative THE 202
clerk of the house of representatives, and THE PRINCIPAL 204
sergeants at arms designated by the respective houses shall 206
receive ten cents A TRAVEL ALLOWANCE per mile each way twice a 207
month from and to their place of residence, if outside Franklin 208
county, by the most direct highway route of public travel, to be 209
paid monthly, AT THE SAME MILEAGE RATE ALLOWED FOR THE 211
REIMBURSEMENT OF TRAVEL EXPENSES OF STATE AGENTS AS PROVIDED BY 212
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT ADOPTED PURSUANT TO
DIVISION (B) OF SECTION 126.31 OF THE REVISED CODE. 214
THE SENTENCE OF THIS SECTION REQUIRING PAYMENT FOR MILEAGE 216
DOES NOT INCLUDE THE ASSISTANT SERGEANTS AT ARMS DESIGNATED BY 217
THE SENATE AND HOUSE OF REPRESENTATIVES. 218
Sec. 101.31. The clerk of the senate, executive secretary 227
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 228
house of representatives, and the sergeant at arms of each house 229
shall be present and assist in the organization of the next 230
succeeding general assembly. 231
Sec. 101.32. The clerk of the senate and executive 240
secretary, THE CHIEF ADMINISTRATIVE OFFICER of the house of 241
representatives, and the sergeant at arms of each house shall 242
have control of their respective assistants, and each house by 243
resolution may dismiss any of them whose services are not needed, 244
or who do not perform their duties satisfactorily. 245
Sec. 101.33. During the absence or disability of the clerk 254
of the senate, legislative clerk of the house of representatives, 255
or sergeant at arms of either house, the respective house of the 257
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general assembly may constitute one of the assistant clerks, 258
clerk pro tempore or legislative clerk pro tempore, or one of the 260
assistant sergeant at arms, sergeant at arms pro tempore, and the 261
assistant so appointed shall have the powers to perform the
duties required of his THE ASSISTANT'S principal. 262
Sec. 101.50. If, in the case of first class or second 271
class printing, no contract has been awarded by the first Monday 272
in October of even-numbered years as a result of a legal action 273
that prohibits the director of administrative services from 274
awarding a contract, an emergency shall exist, the authority of 275
the director of administrative services to procure a contract is 276
suspended, and full authority to award a temporary contract shall 277
pass to a legislative printing board composed of the president of 278
the senate, the speaker of the house of representatives, the 279
clerk of the senate, and the executive secretary CHIEF 280
ADMINISTRATIVE OFFICER of the house of representatives. The 281
board shall award such THE TEMPORARY contract to provide the 282
necessary services by a simple majority vote of the members. All 283
printing undertaken under the terms of the temporary contract 284
shall be completed by the temporary printer. 285
Sec. 101.52. After passage and before enrollment, bills 294
shall be printed in ten point type on pages containing seven and 295
one-half by four and one-half inches of solid matter, on paper 296
specified by the state in its notice for proposals for state 297
printing. Bills shall be printed in the exact language in which 298
they were passed, under the supervision of the clerk of the house 299
in which they originated. New matter shall be indicated by 300
capitalization and old matter omitted by striking through such 301
matter. Prior capitalization in a Revised Code section shall be 302
indicated by italicized type. 303
Five copies of each bill shall be printed in a form 305
suitable for distribution as enrolled bills and not less than one 306
thousand nor more than six thousand copies of each bill shall be 307
printed in a form suitable for distribution as pamphlet laws. The 309
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pamphlet laws shall be prepared as follows:
(A) Copies in such number as may be agreed upon by the 311
clerk of the senate and the executive secretary CHIEF 312
ADMINISTRATIVE OFFICER of the house OF REPRESENTATIVES, but in no 313
case shall more than five thousand be printed and apportioned 315
among the senators and representatives;
(B) Five hundred copies for distribution by the secretary 317
of state. 318
Sec. 101.61. The clerk of the senate and the legislative 327
clerk of the house of representatives shall keep a daily journal 328
of the proceedings of his THE CLERK'S house of the general 330
assembly, which shall be read and corrected in his THE CLERK'S 331
presence. After the reading, CORRECTION, and approval of the 333
journal, it shall be attested by the clerk or legislative clerk 334
and recorded in books furnished by the secretary of state. The 335
recorded journals shall be deposited with the secretary of state, 336
OHIO HISTORICAL SOCIETY and be the true journals. The original 338
daily journal, as kept, corrected, approved, and attested, shall 339
be delivered by the clerk or legislative clerk to the printer of 340
the journals for his THE PRINTER'S use in printing them. The 341
clerk or legislative clerk shall read and correct the proof 342
sheets, carefully compare them with the recorded journals, and 343
correct any errors. 344
Sec. 101.62. No executive message, address, communication 353
of a state officer or board, report of the superintendent or 354
other officers of a state institution or building, petition or 355
memorial, argumentative or voluminous report of a standing or a 356
select committee or a joint committee of both houses, special 357
report of an officer or board in reply to a resolution of either 358
house or to a joint resolution, or other voluminous document,
except amendments to the constitution or to bills and 359
resolutions, and protests of members of either house against an 360
act or resolution thereof, shall be entered upon the journals or 361
recorded in the books provided for in section 101.61 of the 363
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Revised Code.
Sec. 101.65. The clerk of the senate and the legislative 372
clerk of the house of representatives shall make an index to the 374
journal kept by him THE CLERK, and an index of its appendix, and 376
deliver them to the printer, who shall print them at the end of 377
the proper volumes. The clerk of the senate and the legislative 378
clerk of the house of representatives shall make an index to the 379
recorded journal and deliver it to the secretary of state OHIO 380
HISTORICAL SOCIETY, who WHICH shall preserve it with the recorded 382
journal.
Sec. 101.67. The clerk of the senate and the legislative 391
clerk of the house of representatives shall preserve the papers 393
laid before the house of which he THE OFFICER is clerk or 395
legislative clerk, and such of them as are ordered printed he THE 396
CLERK shall forthwith deliver to the printer for his THE 397
PRINTER'S use in printing them. The clerk of the senate and 399
legislative THE clerk of the house of representatives shall read 401
and correct the proofs of papers ordered to be printed by either
house. The printer shall immediately print five hundred copies 402
thereof. Each executive officer shall receive one copy, and the 403
state librarian five copies, which he THE STATE LIBRARIAN shall 404
preserve.
Sec. 101.69. All money collected by the senate clerk's 413
office from the sale of flags, insignia, seals, frames for 414
resolutions, and similar items shall be deposited in the state 415
treasury to the credit of the senate miscellaneous sales fund, 416
which is hereby created. Money credited to the fund shall be
used solely to pay costs of procuring such items. Any costs of 417
procuring such items in excess of the money available in the fund 418
shall be paid out of the regular appropriation to the senate. 419
All money collected by the house executive secretary's 421
office OF THE CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF 422
REPRESENTATIVES for the sale of flags, insignia, seals, frames 423
for resolutions, and similar items shall be deposited in the 424
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state treasury to the credit of the house miscellaneous sales
fund, which is hereby created. Money credited to the fund shall 425
be used solely to pay costs of procuring such items. Any costs 426
of procuring such items in excess of the money available in the 427
fund shall be paid out of the regular appropriation to the house 428
OF REPRESENTATIVES.
Sec. 102.09. (A) The secretary of state and the county 437
board of elections shall furnish, to each candidate for elective 438
office who is required to file a financial disclosure statement 439
by section 102.02 of the Revised Code, a financial disclosure 440
form, and shall notify the appropriate ethics commission, within 441
fifteen days of the name of the candidate, and of the subsequent 442
withdrawal, disqualification, or death of the candidate. The 443
candidate shall acknowledge receipt of the financial disclosure 444
form in writing. 445
(B) The secretary of state and the county board of 447
elections shall furnish to each person who is appointed to fill a 448
vacancy for an unexpired term in an elective office, and who is 449
required to file a financial disclosure statement by section 450
102.02 of the Revised Code, a financial disclosure form, and 451
shall notify the appropriate ethics commission within fifteen 452
days of being notified by the appointing authority, of the name 453
and position of the public official and the date of appointment. 454
The person shall acknowledge receipt of the financial disclosure 455
form in writing. 456
(C) The public agency or appointing authority that 458
employs, appoints, or promotes any public official or employee 459
who, as a result of such employment, appointment, or promotion, 460
is required to file a financial disclosure statement by section 461
102.02 of the Revised Code, shall, within fifteen days of the 462
employment, appointment, or promotion, furnish the public 463
official or employee with a financial disclosure form, and shall 464
notify the appropriate ethics commission of the name and position 465
of the public official or employee and the date of employment, 466
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appointment, or promotion. The public official or employee shall 467
acknowledge receipt of the financial disclosure form in writing. 468
(D) The clerk of the senate and executive secretary THE 470
CHIEF ADMINISTRATIVE OFFICER of the house of representatives 471
shall distribute to every member of his THE CLERK'S OR CHIEF 472
ADMINISTRATIVE OFFICER'S respective house prior to the first day 473
of February a copy of the form for filing the financial 475
disclosure statement under section 102.02 of the Revised Code. 476
The member shall acknowledge his receipt OF THE FORM in writing. 477
(E) Within fifteen days after any public official or 479
employee begins the performance of his official duties, the 480
public agency with which he THE OFFICIAL OR EMPLOYEE serves or 481
the appointing authority shall furnish him THE OFFICIAL OR 483
EMPLOYEE a copy of Chapter 102. and section 2921.42 of the 485
Revised Code, and may furnish such other materials as the
appropriate ethics commission prepares for distribution. The 486
official or employee shall acknowledge their receipt in writing. 487
The requirements of this division do not apply at the time of 488
reappointment or reelection. 489
Sec. 103.15. At the close of each second regular session 498
of the general assembly, the clerk of the senate and the 499
legislative clerk of the house of representatives shall deliver 501
to the director of the Ohio legislative service commission copies 502
of all bills, joint resolutions, important petitions, memorials, 503
and other legislative document DOCUMENTS passed or presented 504
during each session of the general assembly. 505
Sec. 105.61. (A) As used in this section, "elected 514
officials" means all of the following:
(1) The chief justice and justices of the supreme court, 516
judges of courts of appeals and common pleas courts, and all 517
other judges of courts of record; 518
(2) The governor, lieutenant governor, secretary of state, 520
auditor of state, treasurer of state, and attorney general; 521
(3) Clerks of the courts of common pleas, county auditors, 523
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county commissioners, county coroners, county engineers, county 524
recorders, county treasurers, prosecuting attorneys, and 525
sheriffs;
(4) Township trustees and clerks. 527
(B) The elected officials compensation commission created 530
under section 105.62 of the Revised Code shall periodically 531
evaluate the salaries and duties of elected officials to 532
determine whether the salaries of elected officials are fair and 533
adequate compensation for the duties they are required to 534
perform. If the commission determines that these salaries are
not fair and adequate compensation for these duties, it shall 535
recommend necessary adjustments at the times specified in 536
division (C) of this section. 537
(C) Any recommendations that the commission makes to 539
adjust the salaries of any or all elected officials shall be 541
filed with the legislative clerk of the house of representatives 543
and the clerk of the senate on or after the first day of January 544
but before the thirtieth day of September of an odd-numbered 545
year.
Sec. 123.151. (A) As used in this section, "minority 554
business enterprise" has the meaning given in division (E)(1) of 555
section 122.71 of the Revised Code. 556
(B)(1) The director of administrative services shall make 558
rules in accordance with Chapter 119. of the Revised Code 559
establishing procedures by which minority businesses may apply to 560
the equal employment opportunity coordinator for certification as 561
minority business enterprises. 562
(2) Any minority business enterprise that desires to bid 564
on a contract under division (C)(1) or (D)(1) of this section or 565
to be a minority business subcontractor or materialman MATERIALS 567
SUPPLIER under division (C)(2) or (D)(2) of this section shall 568
first apply to the coordinator for certification. The 569
coordinator shall approve the application of any minority 570
business enterprise that complies with the rules adopted under 571
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this division. Any person adversely affected by an order of the 572
coordinator denying certification as a minority business 573
enterprise may appeal as provided in Chapter 119. of the Revised 574
Code. The coordinator shall prepare and maintain a list of 575
certified minority business enterprises.
(C)(1) From the contracts to be awarded under section 577
123.15 and Chapter 153. of the Revised Code, the director shall 578
select a number of contracts with an aggregate value of 579
approximately five per cent of the total estimated value of 580
contracts to be awarded in the current fiscal year. The director 581
shall set aside the contracts so selected for bidding by minority 582
business enterprises only. The bidding procedures for such 583
contracts shall be the same as for all other contracts awarded 584
under section 123.15 and Chapter 153. of the Revised Code except 585
that only minority business enterprises certified and listed 586
under division (B) of this section shall be qualified to submit 587
bids. 588
(2)(a) Any contractor awarded a contract authorized by 590
section 123.15 and Chapter 153. of the Revised Code or a contract 591
included under division (D) of this section shall make every 592
effort to ensure that certified minority business subcontractors 593
and materialmen MATERIALS SUPPLIERS participate in the contract. 594
In the case of contracts specified in division (A) of section 597
153.50 of the Revised Code, the total value of subcontracts 599
awarded to and materials and services purchased from minority 600
businesses shall be at least ten per cent of the total value of 601
the contract, wherever possible and whenever the contractor 602
awards subcontracts or purchases materials or services. In the 603
case of all other contracts, the total value of subcontracts 604
awarded to certified minority businesses shall equal at least 605
five per cent of the total value of the contract. The total 606
value of both the subcontracts awarded to and the purchases of 607
materials made from such businesses shall equal at least ten per 608
cent of the total value of the contract, wherever possible and 609
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whenever the contractor awards subcontracts or purchases 610
materials or services. 611
(b) Except as provided in divisions (C)(3) and (4) of this 613
section, the department of administrative services shall not 614
enter into any contract authorized under section 123.15 and 615
Chapter 153. of the Revised Code, including any contract set 616
aside under division (C)(1) of this section, unless the contract 617
contains a provision stipulating that the contractor, to the 618
extent that it subcontracts work, will award subcontracts 619
totaling no less than five per cent of the total value of the 620
contract to minority businesses certified under division (B) of 621
this section and that the total value of both the materials 622
purchased from minority businesses certified under division (B) 623
of this section and of the subcontracts awarded, to the extent 624
that it subcontracts work, to such minority businesses will equal 625
at least seven per cent of the total value of the contract; 626
except that in the case of contracts specified in division (A) of 627
section 153.50 of the Revised Code, the contractor shall 631
stipulate that the total value of both the subcontracts awarded 632
to and the materials and services purchased from minority
businesses certified under division (B) of this section will 633
equal at least seven per cent of the total value of the contract; 634
but for the purposes of meeting the seven per cent requirement, 635
the value of services shall not be more than five per cent of the 636
total value of the contract. To the extent that the contractor 637
subcontracts work less than the percentages required to be 638
subcontracted to minority business enterprises as established in 639
this section, the total value of the subcontracts awarded to 640
minority business enterprises certified under division (B) of 641
this section need not exceed the actual amount of such 642
subcontracts awarded. 643
(3) Where a contractor is unable to agree to the provision 645
required by division (C)(2) of this section because, having made 646
a good faith effort, the contractor is unable to locate qualified 648
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minority businesses available to accept subcontracts or sell 649
materials or services, the contractor may apply to the 650
coordinator and the set aside review board created under division 652
(C)(4) of this section for a waiver or modification of the 653
provision. The coordinator shall review the application and 654
shall make a recommendation to the board to allow or disallow the 655
request. After receipt of the coordinator's recommendation, the 656
board shall review the request. If the board finds that the 657
contractor has made a good faith effort to locate and reach 658
agreement with minority business subcontractors and materialmen 659
MATERIALS SUPPLIERS or service providers but has been unable to 661
do so due to circumstances beyond the reasonable control of the 662
contractor, it may authorize the contract to include, in lieu of 663
the provision required by division (C)(2) of this section, a 664
provision stipulating a lesser percentage of the total value of 665
the contract to be designated for minority business 666
subcontractors and materialmen MATERIALS SUPPLIERS or it may 668
waive such provision entirely, or stipulate a higher percentage 669
of services permissible in contracts specified in division (A) of 671
section 153.50 of the Revised Code. If the board does not grant 673
the contractor's application for waiver or modification, and if 674
the contractor is unable to agree with the provision required by 675
division (C)(2) of this section, the contractor's bid shall be 676
deemed nonresponsive to the specifications for which the bid was 677
submitted. Such nonresponsiveness shall not be a basis for 678
forfeiture of a bid guaranty or bond required by law if the
contractor made application to the board for a waiver or 679
modification within ten days following notification of award of 680
the contract. 681
If a contractor requests a waiver or modification because 683
the contractor intends to contract with an enterprise that has 685
sought certification as a minority business enterprise in 686
accordance with division (B)(2) of this section, but the 687
coordinator has not rendered a decision certifying the 688
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enterprise, the board may grant the modification or waiver 689
requested, insofar as it applies to that enterprise, if the 690
enterprise's application for certification was filed with the 691
coordinator at least sixty days prior to the contractor's request 692
for waiver or modification and the contractor gives assurances 693
satisfactory to the board that the contractor will award a 694
contract to the enterprise seeking certification. 695
(4) There is hereby created in the department of 697
administrative services the set aside review board, consisting of 698
the director of administrative services or the director's 699
designee, one member of the house of representatives appointed by 701
the governor with the recommendation of the speaker of the house 702
of representatives, and one member of the senate appointed by the 703
governor with the recommendation of the president of the senate. 704
Legislative members of the board shall serve four-year terms. Any 706
legislative vacancy on the board shall be filled in the same
manner as the original appointment. Members of the board shall 707
not receive compensation but shall be reimbursed for all 708
necessary expenses incurred in the course of their official 709
duties. 710
The board shall hear all applications of contractors for 712
waiver or modification of the contract provision required by 713
division (C)(2) of this section and shall make a decision on each 714
such application within thirty days of its receipt by the board. 715
(5) The director shall adopt rules in accordance with 717
Chapter 119. of the Revised Code requiring the following notice 718
to be included in boldface type and capital letters in all bid 719
notifications and specifications for any contract authorized 720
under section 123.15 and Chapter 153. of the Revised Code and in 721
any contract covered by division (D) of this section: "Minority 722
business set-aside requirements as specified in section 123.151 723
of the Revised Code apply to this project. Copies of section 724
123.151 of the Revised Code can be obtained from any of the 725
offices of the department of administrative services." The rules 726
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shall specify the number of days after the date on which bids are 727
opened by which the successful bidder shall notify the 728
contracting agency concerning the provisions the bidder has made 730
or reasonably can be expected to make for meeting the provisions 731
of division (C)(2) of this section. 732
(D)(1) To the extent that any state agency, other than the 734
department of administrative services, and any port authority is 735
authorized to enter into contracts for construction, the agency 736
shall set aside a number of contracts the aggregate value of 737
which equals approximately five per cent of the aggregate value 738
of construction contracts for the current fiscal year for bidding 739
by minority business enterprises only. The bidding procedures 740
for the contracts set aside for minority business enterprises 741
shall be the same as for all other contracts awarded by the 742
agency or port authority, except that only minority business 743
enterprises certified and listed under division (B) of this 744
section shall be qualified to submit bids. 745
(2) All contracts for construction entered into by any 747
state agency, other than the department of administrative 748
services, and any port authority including contracts set aside 749
under division (D)(1) of this section, shall contain the same 750
provision required by division (C)(2) of this section, subject to 751
modification or waiver by the set aside review board in the 752
manner specified by divisions (C)(3) and (4) of this section. The 754
rules of the director adopted under division (C)(5) of this
section shall be applicable to contracts under this division. 755
(E) In the case of contracts set aside under division 757
(C)(1) or (D)(1) of this section, if no bid is submitted by a 758
minority business enterprise, the contract shall be awarded 759
according to normal bidding procedures. The contracting agency 760
or port authority shall from time to time set aside such 761
additional contracts for bidding only by minority business 762
enterprises as are necessary to replace those contracts 763
previously set aside on which no minority business enterprises 764
17
bid and to ensure that, in any fiscal year, the aggregate amount 765
of construction contracts awarded to minority business 766
enterprises will equal approximately five per cent of the total 767
amount of construction contracts awarded by the agency or port 768
authority. 769
(F) This section does not preclude any minority business 771
enterprise from bidding on any other contract not specifically 772
set aside for minority business enterprises. 773
(G) No funds of any state agency or port authority shall 775
be expended in any fiscal year for construction until the 776
director of administrative services certifies or the chairperson 778
of the port authority, whichever is appropriate, to the equal 779
employment opportunity coordinator, the clerk of the senate, and 780
the legislative clerk of the house of representatives that 781
approximately five per cent of the aggregate amount of the 782
projected expenditure for construction in the fiscal year has 783
been set aside as provided for in this section. 784
(H) The department of administrative services, every other 786
state agency authorized to enter into contracts for construction 787
or contracts for purchases of equipment, materials, supplies, 788
contracts of insurance, or services, and every port authority 789
shall file a report every ninety days with the equal employment 790
opportunity coordinator. The report shall be filed at a time and 791
in a form prescribed by the coordinator. The report shall 792
include the name of each minority business enterprise that the 793
agency or port authority entered into a contract with during the 794
preceding ninety-day period and the total value and type of each 795
such contract. No later than thirty days after the end of each 796
fiscal year, the coordinator shall notify in writing each state 797
agency and port authority that has not complied with the 798
reporting requirements of this division for the prior fiscal 799
year. A copy of this notification regarding a state agency shall 800
be submitted to the director of budget and management. No later 801
than thirty days after the notification, the agency or port 802
18
authority shall submit to the coordinator the information 803
necessary to comply with the reporting requirements of this 804
division. If, after the expiration of this thirty-day period, 805
the agency has not complied with the reporting requirements of 806
this division, the coordinator shall certify to the director of 807
budget and management that the agency has not complied with the 808
reporting requirements of this division. A copy of this 809
certification shall be submitted to the agency. Thereafter, no 810
funds of the state agency required to report by this division 811
shall be expended during the fiscal year for construction or 812
purchases of equipment, materials, supplies, contracts of 813
insurance, or services until the coordinator certifies to the 814
director of budget and management that the agency has complied 815
with the reporting requirements of this division for the prior 816
fiscal year. 817
If any port authority has not complied with the reporting 819
requirement after the expiration of the thirty-day period, the 820
coordinator shall certify to the speaker of the house of 821
representatives and the president of the senate that the port 822
authority has not complied with the reporting requirements of 823
this division. A copy of this certification shall be submitted 824
to the port authority. Upon receipt of the certification, the 825
speaker of the house of representatives and the president of the 826
senate shall take such action or make such recommendations to the 827
members of the general assembly as they consider necessary to 828
correct the situation. 829
(I) Any person who intentionally misrepresents himself or 831
herself SELF as owning, controlling, operating, or participating 833
in a minority business enterprise for the purpose of obtaining 834
contracts, subcontracts, or any other benefits under this section 835
shall be guilty of theft by deception as provided for in section 836
2913.02 of the Revised Code. 837
Sec. 124.18. (A) Forty hours shall be the standard work 847
week for all employees whose salary or wage is paid in whole or 848
19
in part by the state or by any state-supported college or 849
university. When any employee whose salary or wage is paid in 850
whole or in part by the state or by any state-supported college 851
or university is required by an authorized administrative 852
authority to be in an active pay status more than forty hours in 853
any calendar week, the employee shall be compensated for such 854
time over forty hours, except as otherwise provided in this 856
section, at one and one-half times the employee's regular rate of 857
pay. The use of sick leave shall not be considered to be active 858
pay status for the purposes of earning overtime or compensatory 859
time by employees whose wages are paid directly by warrant of the 860
auditor of state. A flexible hours employee is not entitled to 861
compensation for overtime work unless the employee's authorized 862
administrative authority required the employee to be in active 864
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 866
in the same calendar week.
The authorized administrative authority shall be designated 868
by the appointing authority to the director of administrative 869
services. Such compensation for overtime work shall be paid no 870
later than at the conclusion of the next succeeding pay period. 871
If the employee elects to take compensatory time off in 873
lieu of overtime pay, for any overtime worked, such compensatory 874
time shall be granted by the employee's administrative superior, 876
on a time and one-half basis, at a time mutually convenient to 877
the employee and the administrative superior. An employee may 878
accrue compensatory time to a maximum of two hundred forty hours, 879
except that public safety employees and other employees who meet 880
the criteria established in the "Federal Fair Labor Standards Act 881
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 882
accrue a maximum of four hundred eighty hours of compensatory 883
time. An employee shall be paid at the employee's regular rate 885
of pay for any hours of compensatory time accrued in excess of 886
these maximum amounts if the employee has not used the 887
20
compensatory time within one hundred eighty days after it is 888
granted, if the employee transfers to another agency of the 889
state, or if a change in the employee's status exempts the 890
employee from the payment of overtime compensation. Upon the 892
termination of employment, any employee with accrued but unused 893
compensatory time shall be paid for that time at a rate that is 894
the greater of the employee's final regular rate of pay or the 895
employee's average regular rate of pay during the employee's last 896
three years of employment with the state. 897
No overtime, as described in this section, can be paid 899
unless it has been authorized by the authorized administrative 900
authority. Employees may be exempted from the payment of 901
compensation as required by this section only under the criteria 902
for exemption from the payment of overtime compensation 903
established in the "Federal Fair Labor Standards Act of 1938," 52 904
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 905
of the director of administrative services, the appointing 906
authority may establish a policy to grant compensatory time or to 907
pay compensation to state employees who are exempt from overtime 908
compensation. With the approval of the board of county 909
commissioners, a county human services department may establish a 910
policy to grant compensatory time or to pay compensation to 911
employees of the department who are exempt from overtime 912
compensation.
(B) An employee, whose salary or wage is paid in whole or 914
in part by the state, shall be paid for the holidays declared in 915
section 124.19 of the Revised Code and shall not be required to 916
work on such holidays, unless in the opinion of the employee's 917
responsible administrative authority failure to work on such 918
holidays would impair the public service. An employee shall not 919
be paid for a holiday unless the employee was in active pay 920
status on the scheduled work day immediately preceding the 922
holiday. In the event that any of the holidays declared in 923
section 124.19 of the Revised Code should fall on Saturday, the 924
21
Friday immediately preceding shall be observed as the holiday. 925
In the event that any of the holidays declared in section 124.19 926
of the Revised Code should fall on Sunday, the Monday immediately 927
succeeding shall be observed as the holiday. If an employee's 928
work schedule is other than Monday through Friday, the employee 929
shall be entitled to holiday pay for holidays observed on the 931
employee's day off regardless of the day of the week on which 933
they are observed. A full-time permanent employee is entitled to 934
eight hours of pay for each holiday regardless of the employee's 935
work shift and work schedule. A flexible hours employee is 936
entitled to holiday pay for the number of hours for which the 937
employee normally would have been scheduled to work. Part-time 938
permanent employees shall be paid holiday pay for that portion of 939
any holiday for which they would normally have been scheduled to 940
work. When an employee who is eligible for overtime pay under 941
this section is required by the employee's responsible 942
administrative authority to work on the day observed as a 944
holiday, the employee shall be entitled to pay for such time 946
worked at one and one-half times the employee's regular rate of 947
pay in addition to the employee's regular pay, or to be granted 949
compensatory time off at time and one-half thereafter, at the 950
employee's option. Payment at such rate shall be excluded in the 951
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 953
employees in an agency who are flexible hours employees. The 954
appointing authority may establish for each flexible hours 955
employee a specified minimum number of hours to be worked each 956
day that is consistent with the "Federal Fair Labor Standards Act 957
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 958
(D) This section shall be uniformly administered for 960
employees as defined in section 124.01 of the Revised Code and by 961
the personnel departments of state-supported colleges and 962
universities for employees of state-supported colleges and 963
universities. If employees are not paid directly by warrant of 964
22
the auditor of state, the political subdivision shall determine 966
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 967
compensatory time. 968
(E) Policies relating to the payment of overtime pay or 970
the granting of compensatory time off shall be adopted by the 971
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 973
representatives for employees of the house of representatives, by 974
the clerk of the senate for employees of the senate, and by the 975
director of the legislative service commission for all other 976
legislative employees.
(F) As used in this section, "regular rate of pay" means 978
the base rate of pay an employee receives plus any pay 979
supplements received pursuant to section 124.181 of the Revised 980
Code.
Sec. 125.081. (A) From the purchases that the department 989
of administrative services is required by law to make through 990
competitive selection, the director shall select a number of such 991
purchases, the aggregate value of which equals approximately 992
fifteen per cent of the estimated total value of all such 993
purchases to be made in the current fiscal year. The director 994
shall set aside the purchases selected for competition only by 995
minority business enterprises, as defined in division (E)(1) of 996
section 122.71 of the Revised Code. The competitive selection 997
procedures for such purchases set aside shall be the same as for 998
all other purchases the department is required to make through 999
competitive selection, except that only minority business 1,000
enterprises certified by the equal employment opportunity 1,001
coordinator of the department of administrative services in 1,002
accordance with the rules adopted under division (B)(1) of 1,003
section 123.151 of the Revised Code and listed by the director 1,004
under division (B) of section 125.08 of the Revised Code shall be 1,005
qualified to compete. 1,006
(B) To the extent that any agency of the state, other than 1,008
23
the department of administrative services, the legislative and 1,009
judicial branches, boards of elections, and the adjutant general, 1,010
is authorized to make purchases, the agency shall set aside a 1,011
number of purchases, the aggregate value of which equals 1,012
approximately fifteen per cent of the aggregate value of such 1,013
purchases for the current fiscal year for competition by minority 1,014
business enterprises only. The procedures for such purchases 1,015
shall be the same as for all other such purchases made by the 1,016
agency, except that only minority business enterprises certified 1,017
by the equal employment opportunity coordinator in accordance 1,018
with rules adopted under division (B)(1) of section 123.151 of 1,019
the Revised Code shall be qualified to compete. 1,020
(C) In the case of purchases set aside under division (A) 1,022
or (B) of this section, if no bid is submitted by a minority 1,023
business enterprise, the purchase shall be made according to 1,024
usual procedures. The contracting agency shall from time to time 1,025
set aside such additional purchases for which only minority 1,026
business enterprises may compete, as are necessary to replace 1,027
those purchases previously set aside for which no minority 1,028
business enterprises bid and to ensure that, in any fiscal year, 1,029
the aggregate amount of contracts awarded to minority business 1,030
enterprises will equal approximately fifteen per cent of the 1,031
total amount of contracts awarded by the agency. 1,032
(D) The provisions of this section shall not preclude any 1,034
minority business enterprise from competing for any other state 1,035
purchases that are not specifically set aside for minority 1,036
business enterprises. 1,037
(E) No funds of any state agency shall be expended in any 1,039
fiscal year for any purchase for which competitive selection is 1,040
required, until the director of the department of administrative 1,041
services certifies to the equal employment opportunity 1,042
coordinator, the clerk of the senate, and the legislative clerk 1,043
of the house of representatives of the general assembly that 1,044
approximately fifteen per cent of the aggregate amount of the 1,045
24
projected expenditure for such purchases in the fiscal year has 1,046
been set aside as provided for in this section. 1,047
(F) Any person who intentionally misrepresents himself 1,049
SELF as owning, controlling, operating, or participating in a 1,050
minority business enterprise for the purpose of obtaining 1,051
contracts, subcontracts, or any other benefits under this section 1,052
shall be guilty of theft by deception as provided for in section 1,053
2913.02 of the Revised Code. 1,054
Sec. 125.31. (A) The department of administrative 1,063
services shall have supervision of all public printing except as 1,064
follows: 1,065
(1) Printing for the general assembly shall be under the 1,067
supervision of the clerk of the senate and the executive 1,068
secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,069
representatives.
(2) Printing for the Ohio arts council shall be under the 1,072
supervision of the council.
(3) Printing for the capitol square review and advisory 1,075
board shall be under the supervision of the board.
(4) Printing for the bureau of workers' compensation shall 1,078
be under the supervision of the administrator of workers'
compensation unless the administrator requests the department to 1,079
supervise printing for the bureau. 1,080
(5) Printing for state-supported institutions of higher 1,082
education shall be under the supervision of the department of 1,083
purchasing of each such institution or the department or officer 1,084
within each institution that performs the functions of a 1,085
department of purchasing. 1,086
(B) The department of administrative services shall 1,088
determine, except as otherwise specifically provided by law, the 1,090
number of copies to be printed of each publication or document, 1,091
the source of reproduction, the manner of binding, THE quality of 1,092
paper, AND the general kind, size, and spacing of type to be used 1,093
in all reports, publications, bulletins, documents, or pamphlets 1,094
25
printed at public expense.
The department shall not use its authority to curtail the 1,097
release of public information by any elected state official. 1,098
(C) For the purposes of sections 125.31 to 125.76 of the 1,100
Revised Code, all functions, powers, and duties assigned to the 1,101
department of administrative services are considered to be 1,102
assigned to the division of state printing within the department 1,103
of administrative services. 1,104
Sec. 125.42. (A) No officer, board, or commission, except 1,113
the clerk of the senate and the executive secretary CHIEF 1,114
ADMINISTRATIVE OFFICER of the house of representatives as to 1,115
first and second class printing, shall print or cause to be 1,116
printed at the public expense, any report, bulletin, document, or 1,117
pamphlet, unless such report, bulletin, document, or pamphlet is 1,118
first submitted to, and the printing thereof approved by, the 1,119
department of administrative services. If such department 1,120
approves the printing, it shall determine the form of such
printing and the number of copies. 1,121
If such approval is given, the department shall cause the 1,123
same to be printed and bound as provided by sections 125.47 to 1,124
125.56 of the Revised Code, except as otherwise provided by 1,125
section 125.45 of the Revised Code; and when printed, such 1,126
publications or forms shall be delivered to the ordering officer,
board, commission, or department, or sold at a price not to 1,127
exceed the total cost.
(B) The department of administrative services annually 1,129
shall set a maximum cost per page and a maximum total cost for 1,130
the printing by any board, commission, council, or other public 1,131
body of the state of any annual report or any other report that 1,132
it is required by law to produce. No board, commission, council, 1,133
or other public body of the state shall expend or incur the 1,134
expenditure of any amount in excess of these maximum amounts
without the prior approval of the department. This division does 1,135
not apply to the general assembly or any court. 1,136
26
Sec. 125.58. The department of administrative services 1,145
shall promptly notify each successful bidder of the acceptance of 1,146
his THE BIDDER'S proposal for state printing. If such bidder 1,147
fails to execute his THE contract because of death or other 1,148
cause, or if he THE BIDDER fails to execute the work required by 1,149
his THE contract in a proper manner and with reasonable 1,151
promptness, or his THE contract is abandoned, or its execution is 1,153
temporarily suspended, the department may enter into a contract
with another person for the prompt execution of the work for the 1,154
lowest price which may be obtained. Before any work is relet in 1,155
consequence of the misconduct or default of the contractor, the 1,156
department shall give him THE CONTRACTOR written notice thereof. 1,157
The department of administrative services or, the clerk of the 1,158
senate, or the executive secretary CHIEF ADMINISTRATIVE OFFICER 1,159
of the house of representatives may set a daily penalty charge 1,160
for late orders, provided the penalty schedule and amount are 1,161
stated in the invitation to bid for said THE printing. 1,162
Sec. 125.59. The journals of the two houses of the general 1,171
assembly shall be printed in the form specified in the invitation 1,172
to bid, provided there is no unnecessary spacing, or blank or 1,173
broken lines on pages. The number of copies specified by the 1,174
clerk of the senate and the executive secretary CHIEF 1,175
ADMINISTRATIVE OFFICER of the house of representatives, not to 1,176
exceed one thousand total, shall be printed daily during each 1,177
session of the general assembly, bound in pamphlet form without
covers, and the portion of the journal of the senate shall 1,178
precede the portion of the journal of the house of 1,179
representatives in each pamphlet.
Sec. 125.60. Each day the number of copies ordered shall 1,188
be delivered to the clerk of the senate and the executive 1,189
secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,190
representatives on or before the time specified. The composition 1,191
used in printing the daily journals shall be retained for use in 1,192
the final journals.
27
Sec. 127.16. (A) Upon the request of either a state 1,201
agency or the director of budget and management and after the 1,202
controlling board determines that an emergency or a sufficient 1,203
economic reason exists, the controlling board may approve the 1,204
making of a purchase without competitive selection as provided in 1,205
division (B) of this section. 1,206
(B) Except as otherwise provided in this section, no state 1,208
agency, using money that has been appropriated to it directly, 1,209
shall: 1,210
(1) Make any purchase from a particular supplier, that 1,212
would amount to fifty thousand dollars or more when combined with 1,213
both the amount of all disbursements to the supplier during the 1,214
fiscal year for purchases made by the agency and the amount of 1,215
all outstanding encumbrances for purchases made by the agency 1,216
from the supplier, unless the purchase is made by competitive 1,217
selection or with the approval of the controlling board; 1,218
(2) Lease real estate from a particular supplier, if the 1,220
lease would amount to seventy-five thousand dollars or more when 1,221
combined with both the amount of all disbursements to the 1,222
supplier during the fiscal year for real estate leases made by 1,223
the agency and the amount of all outstanding encumbrances for 1,224
real estate leases made by the agency from the supplier, unless 1,225
the lease is made by competitive selection or with the approval 1,226
of the controlling board. 1,227
(C) Any person who authorizes a purchase in violation of 1,229
division (B) of this section shall be liable to the state for any 1,230
state funds spent on the purchase, and the attorney general shall 1,231
collect the amount from the person. 1,232
(D) Nothing in division (B) of this section shall be 1,234
construed as: 1,235
(1) A limitation upon the authority of the director of 1,237
transportation as granted in sections 5501.17, 5517.02, and 1,238
5525.14 of the Revised Code; 1,239
(2) Applying to medicaid provider agreements under Chapter 1,241
28
5111. of the Revised Code or payments or provider agreements 1,244
under disability assistance medical assistance established under 1,245
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,247
supplier by a state licensing board under Title XLVII of the 1,248
Revised Code; 1,249
(4) Applying to entertainment contracts for the Ohio state 1,251
fair entered into by the Ohio expositions commission, provided 1,252
that the controlling board has given its approval to the 1,253
commission to enter into such contracts and has approved a total 1,254
budget amount for such contracts as agreed upon by commission 1,255
action, and that the commission causes to be kept itemized 1,256
records of the amounts of money spent under each contract and 1,257
annually files those records with the legislative clerk of the 1,258
house of representatives and the clerk of the senate following 1,259
the close of the fair; 1,260
(5) Limiting the authority of the chief of the division of 1,262
mines and reclamation to contract for reclamation work with an 1,263
operator mining adjacent land as provided in section 1513.27 of 1,264
the Revised Code; 1,265
(6) Applying to investment transactions and procedures of 1,267
any state agency, except that the agency shall file with the 1,268
board the name of any person with whom the agency contracts to 1,269
make, broker, service, or otherwise manage its investments, as 1,270
well as the commission, rate, or schedule of charges of such 1,271
person with respect to any investment transactions to be 1,272
undertaken on behalf of the agency. The filing shall be in a 1,273
form and at such times as the board considers appropriate. 1,274
(7) Applying to purchases made with money for the per cent 1,276
for arts program established by section 3379.10 of the Revised 1,277
Code; 1,278
(8) Applying to purchases made by the rehabilitation 1,280
services commission of services, or supplies, that are provided 1,281
to persons with disabilities, or to purchases made by the 1,282
29
commission in connection with the eligibility determinations it 1,283
makes for applicants of programs administered by the social 1,284
security administration; 1,285
(9) Applying to payments by the department of human 1,287
services under section 5111.13 of the Revised Code for group 1,288
health plan premiums, deductibles, coinsurance, and other 1,289
cost-sharing expenses; 1,290
(10) Applying to any agency of the legislative branch of 1,292
the state government; 1,293
(11) Applying to agreements entered into under section 1,295
5101.11, 5101.21, or 5101.211 of the Revised Code; 1,296
(12) Applying to purchases of services by the adult parole 1,298
authority under section 2967.14 of the Revised Code or by the 1,299
department of youth services under section 5139.08 of the Revised 1,300
Code; 1,301
(13) Applying to dues or fees paid for membership in an 1,303
organization or association; 1,304
(14) Applying to purchases of utility services pursuant to 1,306
section 9.30 of the Revised Code; 1,307
(15) Applying to purchases made in accordance with rules 1,309
adopted by the department of administrative services of motor 1,310
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,311
such vehicles; 1,312
(16) Applying to purchases of tickets for passenger air 1,314
transportation; 1,315
(17) Applying to purchases necessary to provide public 1,317
notifications required by law or to provide notifications of job 1,318
openings; 1,319
(18) Applying to the judicial branch of state government; 1,321
(19) Applying to purchases of liquor for resale by the 1,323
department or, on and after July 1, 1997, the division of liquor 1,324
control;
(20) Applying to purchases of motor courier and freight 1,326
services made in accordance with department of administrative 1,327
30
services rules; 1,328
(21) Applying to purchases from the United States postal 1,330
service and purchases of stamps and postal meter replenishment 1,331
from vendors at rates established by the United States postal 1,332
service; 1,333
(22) Applying to purchases of books, periodicals, 1,335
pamphlets, newspapers, maintenance subscriptions, and other 1,336
published materials; 1,337
(23) Applying to purchases from other state agencies, 1,339
including state-assisted institutions of higher education; 1,340
(24) Limiting the authority of the director of 1,342
environmental protection to enter into contracts under division 1,343
(D) of section 3745.14 of the Revised Code to conduct compliance 1,344
reviews, as defined in division (A) of that section; 1,345
(25) Applying to purchases from a qualified nonprofit 1,347
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,348
Code; 1,349
(26) Applying to payments by the department of human 1,351
services to the United States department of health and human 1,352
services for printing and mailing notices pertaining to the tax 1,353
refund offset program of the internal revenue service of the 1,354
United States department of the treasury; 1,355
(27) Applying to contracts entered into by the department 1,357
of mental retardation and developmental disabilities under 1,358
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,359
(28) Applying to payments made by the department of mental 1,361
health under a physician recruitment program authorized by 1,362
section 5119.101 of the Revised Code; 1,363
(29) Applying to contracts entered into with persons by 1,365
the director of commerce for unclaimed funds collection and 1,366
remittance efforts as provided in division (F) of section 169.03 1,368
of the Revised Code. The director shall keep an itemized 1,371
accounting of unclaimed funds collected by those persons and 1,372
amounts paid to them for their services.
31
(E) Notwithstanding division (B)(1) of this section, the 1,374
cumulative purchase threshold shall be seventy-five thousand 1,375
dollars for the departments of mental retardation and 1,376
developmental disabilities, mental health, rehabilitation and 1,377
correction, and youth services. 1,378
(F) When determining whether a state agency has reached 1,380
the cumulative purchase thresholds established in divisions 1,381
(B)(1), (B)(2), and (E) of this section, all of the following 1,382
purchases by such agency shall not be considered: 1,383
(1) Purchases made through competitive selection or with 1,385
controlling board approval; 1,386
(2) Purchases listed in division (D) of this section; 1,388
(3) For the purposes of the thresholds of divisions (B)(1) 1,390
and (E) of this section only, leases of real estate. 1,391
(G) As used in this section, "competitive selection," 1,393
"purchase," "supplies," and "services" have the same meanings as 1,394
in section 125.01 of the Revised Code. 1,395
Sec. 129.52. An amount of money in the improvements bond 1,404
retirement fund created by Section 2f of Article VIII, Ohio 1,405
Constitution sufficient to pay all interest, principal, and 1,406
charges for the issuance and retirement of bonds or other 1,407
obligations issued pursuant to Section 2f of Article VIII, Ohio 1,408
Constitution and section 129.50 of the Revised Code, due and 1,409
payable during that calendar year, is hereby pledged and 1,410
appropriated for that purpose. 1,411
Whenever on the first day of any calendar quarter or if on 1,413
receipt of the proceeds of the sale of bonds or other obligations 1,414
to be used to retire outstanding bonds or other obligations, 1,415
there are sufficient moneys to the credit of the improvements 1,416
bond retirement fund created by Section 2f of Article VIII, Ohio 1,417
Constitution, to meet in full all requirements of interest, 1,418
principal, and charges for the issuance and retirement of bonds 1,419
or other obligations issued pursuant to Section 2f of Article 1,420
VIII, Ohio Constitution and section 129.50 of the Revised Code, 1,421
32
due and payable during the then current calendar year and to 1,422
provide the necessary accruals during such year for such 1,423
requirements for the next succeeding calendar year, the 1,424
commissioners of the sinking fund shall make a certification of 1,425
such fact to the clerk of the senate, the executive secretary 1,426
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,428
the treasurer of state, together with the amount of moneys in 1,429
such bond retirement fund in excess of such requirements and 1,430
accruals thereon to be paid from that fund. The treasurer of 1,431
state shall transfer and expend moneys in excess of the amount so 1,432
required to be retained in the improvements bond retirement fund 1,433
created by Section 2f of Article VIII, Ohio Constitution at such 1,434
times and as may be provided by law. 1,435
Sec. 129.56. Upon the payment in full of all interest, 1,444
principal, and charges for the issuance and retirement of all 1,445
bonds and other obligations issued pursuant to Section 2f of 1,446
Article VIII, Ohio Constitution and section 129.50 of the Revised 1,447
Code, the commissioners of the sinking fund shall make a
certification of such fact to the clerk of the senate, the 1,448
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,450
representatives, and the treasurer of state.
Sec. 129.64. Upon the payment in full of all interest, 1,459
principal, and charges for the issuance and retirement of all 1,460
bonds and notes issued pursuant to Section 2h of Article VIII, 1,461
Ohio Constitution, and section 129.60 of the Revised Code, the 1,462
commissioners of the sinking fund shall make a certification of 1,463
such fact to the clerk of the senate, the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,465
the treasurer of state.
Sec. 149.091. The secretary of state shall publish and 1,474
distribute a maximum of nine hundred copies of the session laws 1,475
in permanently bound form, either annually or biennially. The 1,476
permanently bound volumes shall contain copies of all enrolled 1,477
acts and joint resolutions, and shall contain a subject index and 1,478
33
a table indicating Revised Code sections affected. The secretary 1,479
of state shall cause to be printed in each volume his THE 1,480
SECRETARY OF STATE'S certificate that the laws, as assembled 1,482
therein, are true copies of the original enrolled bills in his 1,483
THE SECRETARY OF STATE'S office.
The secretary of state shall distribute the permanently 1,485
bound volumes of the session laws in the following manner: 1,486
(A) One hundred nine copies shall be forwarded to the 1,488
legislative clerk of the house of representatives. 1,489
(B) Forty-three copies shall be forwarded to the clerk of 1,491
the senate. 1,492
(C) One copy shall be forwarded to each county auditor. 1,494
(D) One copy shall be forwarded to each county law 1,496
library. 1,497
(E) Seventy-five copies shall be forwarded to the Ohio 1,499
supreme court. 1,500
(F) Two copies shall be forwarded to the division of the 1,502
library of congress. 1,503
(G) Two copies shall be forwarded to the state library. 1,505
(H) Two copies shall be forwarded to the Ohio historical 1,507
society. 1,508
(I) Thirteen copies shall be forwarded to the legislative 1,510
service commission. 1,511
(J) Two hundred copies may be distributed, free of charge, 1,513
to public officials. 1,514
(K) Remaining copies may be sold by the secretary of state 1,516
at a price to be determined by the department of administrative 1,517
services, but such selling price shall not exceed by ten per cent 1,518
the cost of publication and distribution. 1,519
Sec. 149.17. Highway maps shall be published by the state 1,528
and shall be officially designated as "Highway Maps of Ohio." The 1,530
director of transportation may designate the improved roads by 1,531
color, and revise such maps from time to time as the improvement 1,532
of the roads may justify.
34
The director shall secure a copyright of the said maps from 1,534
time to time when so published. The director may distribute the 1,535
first edition of these maps, which has been published as a 1,536
bulletin of the department of transportation, as follows: to 1,537
each county commissioner, county auditor, and county engineer, 1,538
one copy; to the director for distribution among those who 1,539
gratuitously helped in preparing maps, one hundred fifty copies; 1,540
for distribution among the several state departments, three 1,541
hundred copies; to the state library, one hundred copies; to each 1,542
newspaper correspondent of the general assembly, one copy; to the 1,543
clerk of the senate and TO the legislative clerk and executive 1,545
secretary THE CHIEF ADMINISTRATIVE OFFICER of the house of 1,546
representatives, one copy each; to each sergeant at arms, of the 1,547
senate and of the house of representatives, one copy; the 1,548
remaining copies to be equally divided among the members of the 1,549
general assembly.
Sec. 164.11. (A) The issuer shall, on or before the 1,558
fifteenth day of January of each calendar year, certify to the 1,559
office of budget and management the total amount of moneys 1,560
required during that calendar year to meet in full all payments 1,561
of bond service charges and financing costs due and payable in 1,562
that calendar year on outstanding obligations, the principal 1,563
amount of notes and any financing costs which are to be paid from 1,564
the proceeds of the bonds anticipated or of renewal notes issued 1,565
pursuant to section 164.09 of the Revised Code, and the balance 1,566
required to be otherwise provided. 1,567
(B) When the moneys to the credit of the bond service fund 1,569
are sufficient to provide for payment of the balance required as 1,570
stated in the certificate provided for in division (A) of this 1,571
section, the issuer shall certify such fact to the office of 1,572
budget and management. 1,573
(C) If and so long as the moneys to the credit of the bond 1,575
service fund are insufficient to meet in full all payments of the 1,576
balance required as stated in the certificate provided for in 1,577
35
division (A) of this section, the issuer shall at such times as 1,578
provided in the bond proceedings, and in any event within ten 1,579
days prior to the date any such payments are due, certify to the 1,580
office of budget and management the total amount of such bond 1,581
service charges, the amount of moneys to the credit of the bond 1,582
service fund, and the amount of additional money necessary to be 1,583
credited to the bond service fund to meet in full the payment of 1,584
such bond service charges when due. 1,585
(D) If upon the certification provided for in division (A) 1,587
or (C) of this section, or if on presentation of obligations for 1,588
payment of bond service charges when due, there are insufficient 1,589
moneys in the bond service fund for payment of bond service 1,590
charges and costs of credit facilities as so certified, the 1,591
issuer shall, upon consultation with the director of budget and 1,592
management, transfer a sufficient amount to the bond service fund 1,593
from the undistributed receipts derived from all fees, taxes, 1,594
excises, and other receipts of the state, except fees, excises, 1,595
or taxes relating to the registration, operation, or use of 1,596
vehicles on the public highways, or to fuels used for propelling 1,597
such vehicles, which excises and taxes, other than those 1,598
excepted, are and shall be deemed to be levied, in addition to 1,599
the purposes otherwise provided for by law, to provide in 1,600
accordance with sections 164.09 to 164.12 of the Revised Code and 1,601
the bond proceedings for the payment of bond service charges and 1,602
costs of credit facilities. The levy and collection of such 1,603
excises and taxes and their application to the payment of the 1,604
bond service charges and costs relating to credit facilities, as 1,605
provided by this section, shall continue and is hereby covenanted 1,606
with the holders of such obligations and providers of credit 1,607
facilities to be continued so long as such obligations are 1,608
outstanding. 1,609
(E) The general assembly may from time to time repeal or 1,611
reduce any fee, excise, or tax pledged pursuant to Section 2k or 1,613
2m of Article VIII, Ohio Constitution, to the payment of the bond 1,614
36
service charges, and may levy any new or increased fee, excise, 1,615
or tax to meet the pledge to the payment of bond service charges 1,616
on outstanding obligations of the state's full faith and credit, 1,617
revenues, and taxing power, except fees, excises, or taxes 1,618
relating to the registration, operation, or use of vehicles on 1,619
the public highways, or to fuels used for propelling such 1,620
vehicles. Nothing in this division authorizes any impairment of 1,621
the obligation of this state to levy and collect sufficient fees, 1,622
excises, and taxes to pay bond service charges on obligations 1,623
outstanding in accordance with their terms. 1,624
(F) Upon the payment or provision for payment in full of 1,626
all bond service charges on all obligations in accordance with 1,627
their terms, the issuer shall certify such fact to the clerk of 1,628
the senate, the legislative clerk of the house of 1,629
representatives, the office of budget and management, and the 1,630
commissioners of the sinking fund. Upon making such 1,631
certification the issuer shall transfer all moneys then remaining 1,632
to the credit of the bond service fund, and not needed for the 1,633
purpose of paying bond service charges, to the general revenue 1,634
fund. 1,635
Sec. 1555.14. Upon the payment in full of all interest, 1,644
principal, and charges for the retirement of all obligations 1,645
issued pursuant to Section 15 of Article VIII, Ohio Constitution, 1,646
and section 1555.08 of the Revised Code, the commissioners of the 1,647
sinking fund shall make a certification of such fact to the clerk 1,648
of the senate, the legislative clerk of the house of
representatives, and the treasurer of state. 1,649
Upon receipt of such certification the treasurer of state 1,651
shall transfer all moneys then remaining to the credit of the 1,652
coal research and development bond service fund to the general 1,653
revenue fund.
Sec. 2331.11. The following persons are privileged from 1,662
arrest: 1,663
(A) Members, the executive secretary CHIEF ADMINISTRATIVE 1,665
37
OFFICER of the house OF REPRESENTATIVES, the legislative clerk of 1,667
the house OF REPRESENTATIVES, clerks, sergeants at arms, 1,668
doorkeepers, and messengers of the senate and house of
representatives, during the sessions of the general assembly, and 1,669
while traveling to and from such sessions, allowing one day for 1,670
every twenty-five miles of the distance, by the route most 1,671
usually traveled; whoever arrests such a person in violation of 1,672
this division shall pay one hundred dollars, to be recovered by 1,673
civil action, in the name and for the use of the person injured; 1,674
(B) Electors, while going to, returning from, or in 1,676
attendance at elections; 1,677
(C) Judges of the courts, while attending court, and also 1,679
during the time necessarily employed in going to, holding, and 1,680
returning from the court which it is their duty to attend; 1,681
(D) Attorneys, clerks of courts, sheriffs, coroners, 1,683
constables, criers, suitors, jurors, and witnesses, while going 1,684
to, attending, or returning from court; 1,685
(E) Israelites and such other persons as religiously 1,687
observe the last or any other day of the week as a day of 1,688
worship, on such day, within, going to, or returning from their 1,689
places of worship, or during the time of service, and while going 1,690
to or returning therefrom; 1,691
(F) A person doing militia duty under the order of such 1,693
person's commanding officer or while going to or returning from 1,694
the place of duty or parade. 1,695
Sec. 3317.09. All moneys distributed to a school district, 1,704
including any cooperative education or joint vocational school 1,706
district and all moneys distributed to any educational service
center, by the state whether from a state or federal source, 1,708
shall be accounted for by the division of school finance of the 1,709
department of education. All moneys distributed shall be coded 1,710
as to county, school district or educational service center,
source, and other pertinent information, and at the end of each 1,712
month, a report of such distribution shall be made by such 1,713
38
division of school finance to the clerk of the senate and the 1,714
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,716
representatives, to the Ohio legislative service commission to be 1,717
available for examination by any member of either house, to each 1,718
school district and educational service center, and to the
governor. 1,719
On or before the first day of September in each year, a 1,721
copy of the annual statistical report required in sections 1,722
3319.33 and 3319.34 of the Revised Code shall be filed by the 1,723
state board of education with the clerk of the senate and the 1,724
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,725
representatives, the Ohio legislative service commission, the 1,727
governor, and the auditor of state. The report shall contain an 1,728
analysis for the prior fiscal year on an accrual basis of revenue 1,729
receipts from all sources and expenditures for all purposes for 1,730
each school district and each educational service center, 1,731
including each joint vocational and cooperative education school 1,732
district, in the state. If any board of education or any 1,733
educational service center governing board fails to make the 1,734
report required in sections 3319.33 and 3319.34 of the Revised 1,735
Code, the superintendent of public instruction shall be without 1,736
authority to distribute funds to that school district or 1,737
educational service center pursuant to sections 3317.022 to 1,739
3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19 of the Revised 1,740
Code until such time as the required reports are filed with all 1,741
specified officers, boards, or agencies.
The state school foundation program shall consist of all 1,743
payments of state funds made pursuant to sections 3317.022 to 1,744
3317.0211 of the Revised Code. 1,745
Sec. 5117.12. (A) On or before the thirty-first day of 1,754
August of each year, each energy company shall file a written 1,755
report with the tax commissioner regarding the impact, if any, of 1,756
the requirements of division (E) of section 5117.11 of the 1,757
Revised Code on the number of uncollectible and past due 1,758
39
residential accounts for the twelve-month period ending on the 1,759
preceding thirty-first day of July. The report shall include 1,760
such information as is prescribed by the tax commissioner. The 1,761
information shall be based on actual reviews of residential 1,762
customer accounts and shall be presented in verifiable form. The 1,763
tax commissioner may consult with the public utilities commission 1,764
and the consumers' counsel in prescribing the contents of such 1,765
reports and complying with the requirements of division (C)(4) of 1,766
this section. 1,767
(B) Before the thirty-first day of January of each year, 1,769
the tax commissioner shall prepare a written report including a 1,770
final review of the Ohio energy credit program for which 1,771
applications were required to be mailed or provided by the 1,772
fifteenth day of June of the second preceding calendar year 1,773
pursuant to section 5117.03 of the Revised Code and an interim 1,774
review of the program for which applications were required to be 1,775
mailed or provided by the fifteenth day of June of the preceding 1,776
calendar year under such section. On or before the thirty-first 1,777
day of January of each year, the commissioner shall provide 1,778
written copies of such report to the speaker of the house of 1,779
representatives, president of the senate, minority leaders of the 1,780
house of representatives and senate, chairpersons of the house 1,782
finance-appropriations committee and senate finance committee,
chairpersons of the committees of the house of representatives 1,783
and senate customarily entrusted with matters concerning public 1,784
utilities, legislative clerk of the house OF REPRESENTATIVES, and 1,786
clerk of the senate.
(C) Each report prepared under division (B) of this 1,788
section shall include a review of: 1,789
(1) Program costs; 1,791
(2) The number of persons receiving credits or payments 1,793
under the program; 1,794
(3) Progress in the implementation of any changes in the 1,796
program made by the general assembly within the period covered by 1,797
40
the report; 1,798
(4) The impact, if any, of the requirements of division 1,800
(E) of section 5117.11 of the Revised Code on the number of 1,801
uncollectible and past due residential accounts of energy 1,802
companies for the twelve-month period ending on the preceding 1,803
thirty-first day of July; 1,804
(5) The impact of any federal energy assistance programs 1,806
available to the same groups of people as are eligible for the 1,807
energy credit program under sections 5117.01 to 5117.12 of the 1,808
Revised Code, together with any recommendations on modifications 1,809
that may, because of the federal programs, be needed in the 1,810
energy credit program; 1,811
(6) Any suggestions for improving the program; 1,813
(7) Any other matters considered appropriate by the 1,815
commissioner. 1,816
(D) The tax commissioner shall consult with the auditor of 1,818
state, energy companies, energy dealers, department of aging, and 1,819
commission on Hispanic-Latino affairs in the preparation of any 1,821
report under this section. The commissioner may require 1,822
information from such agencies for the purpose of preparing such 1,823
report.
Sec. 5119.39. (A) The director of mental health may enter 1,832
into agreements with any person, political subdivision, or state 1,833
agency for the sale or lease of land or facilities under the 1,834
jurisdiction of the director in the following manner: 1,835
(1) The director shall designate lands and facilities that 1,837
are not needed by the department and are under the jurisdiction 1,838
of the department. 1,839
(2) The director shall have a preliminary appraisal made 1,841
of any lands or facilities designated under division (A) of this 1,842
section by a disinterested professional appraiser from the 1,843
department of administrative services. The appraiser shall 1,844
deliver to the director a signed certificate of the probable 1,845
market value of the lands and facilities as determined from the 1,846
41
preliminary appraisal. 1,847
(3) The director shall certify to the legislative clerk of 1,849
the house of representatives and to the clerk of the senate a 1,850
list of all lands and facilities which may be sold or leased, and 1,851
shall include with the list the results of the preliminary 1,852
appraisals of the lands and facilities, a general description of 1,853
the land and facilities, and a description of the current use of 1,854
the land and facilities. 1,855
(4) Every list of lands and facilities certified by the 1,857
director to the legislative clerk of the house of representatives 1,858
and to the clerk of the senate under division (A)(3) of this 1,859
section, shall immediately be transmitted by the respective 1,860
clerks to the committees in the house and the senate to which 1,861
land conveyance bills are usually referred. If either committee 1,862
files in its clerk's office, within sixty calendar days of the 1,863
original certification of the lands and facilities by the 1,864
director, a report disapproving the sale or lease of any lands or 1,865
facilities, the sale or lease of the lands or facilities 1,866
disapproved in the report shall not be made under this section. 1,867
With respect to a sale or lease of lands and facilities that has 1,868
not been disapproved under this division, the director shall 1,869
certify those lands and facilities to the auditor of state. 1,870
(5) After certification to the auditor of state under 1,872
division (A)(4) of this section, the director of mental health 1,873
shall have a formal appraisal made of the lands and facilities by 1,874
a disinterested professional appraiser from the department of 1,875
administrative services. The director may accept the formal 1,876
appraisal or he may reject it and order a new formal appraisal by 1,877
a disinterested professional appraiser who shall not be from the 1,878
department of administrative services. The director may then 1,879
sell or lease the lands or facilities in accordance with this 1,880
division and department of administrative services procedures as 1,881
set forth in Chapter 123. of the Revised Code. Any such deed or 1,882
lease shall be prepared and recorded pursuant to section 5301.13 1,883
42
of the Revised Code. The department of administrative services 1,884
shall be the sole agent for the state and shall complete the sale 1,885
or lease of the lands or facilities, up to and including the 1,886
closing thereof, after the director approves the sale price. The 1,887
director and the director of administrative services may, if it 1,888
is determined to be in the best interests of the state, agree to 1,889
sell surplus land for an amount less than the formal appraised 1,890
value but shall not sell any land for less than two-thirds of the 1,891
formal appraised value. 1,892
(B) Coincident with his THE certification MADE under 1,894
division (A)(3) of this section concerning lands which may be 1,895
sold, the director shall give written notice of his THE 1,896
DIRECTOR'S intention to sell the lands by certified mail to the 1,897
executive officer of each county, township, municipal 1,899
corporation, and school district within which the lands are 1,900
situated. In each notice, the director shall specify the 1,901
conditions under which the lands shall be sold, including whether 1,902
the lands will be sold as a single unit or sold in specific 1,903
parcels that he THE DIRECTOR designates, and shall solicit from 1,904
the subdivision offers to purchase the lands in accordance with
the conditions he THE DIRECTOR has specified and at a price equal 1,906
to the preliminary appraised value determined pursuant to 1,907
division (A)(2) of this section. If, within thirty days of 1,908
having certified the lands to the auditor of state under division 1,909
(A)(4) of this section, the director receives from the executive 1,910
officer of a subdivision a written offer to purchase the lands at 1,911
or above the price specified in his THE DIRECTOR'S original 1,912
notice to the officer, provided such offer otherwise complies 1,913
with the conditions of purchase specified in his THE DIRECTOR'S 1,914
original notice, the director shall forthwith enter into an 1,915
agreement to sell the lands to the subdivision. The agreement 1,916
shall incorporate any and all terms that are acceptable to both 1,917
parties and that are consistent with the terms specified in the 1,918
director's original notice. If no offer to purchase is received 1,919
43
by the director within the thirty-day period provided in this 1,920
division, the director's original notice shall be considered 1,921
withdrawn and he THE DIRECTOR shall be under no obligation to 1,922
sell any of the lands specified in the notice to the subdivision. 1,924
If two or more offers to purchase the same parcels of land are 1,925
received by the director within the required time period from the 1,926
executive officers of two or more subdivisions, the director 1,927
shall accept the offer or offers to purchase that he THE DIRECTOR 1,928
considers to be in the best interests of the state and of the 1,930
department of mental health and shall proceed to enter into 1,931
agreements of sale pursuant to this division. If all of the 1,932
director's original notices relating to a given parcel of land 1,933
become withdrawn, he THE DIRECTOR may thereupon proceed to sell 1,934
the parcel as otherwise provided in this section. No subdivision
may commence an action to enforce the provisions of this 1,935
division, or to seek any other legal or equitable remedy relative 1,936
to this division, with respect to any lands certified to the 1,937
auditor of state under division (A)(4) of this section, except 1,938
within sixty days of the date on which the lands were so 1,939
certified.
(C) Any agreement under this section shall be at such 1,941
terms as will be in the best interests of the state and the 1,942
department of mental health. However, the terms of any agreement 1,943
for sale shall include a provision that the purchaser will abide 1,944
by any comprehensive plan for the area that has been adopted by 1,945
the local government in which the property is located before the 1,946
parties enter into the agreement. No lease shall be of a 1,947
duration greater than fifteen years. No agreement, except an 1,948
agreement entered into under division (B) of this section, shall 1,949
be entered into before the proposal to sell or lease the land or 1,950
facilities has been advertised once each week for four weeks in a 1,951
newspaper of general circulation in every county in which the 1,952
lands or facilities are located and if the preliminary appraised 1,953
value of the land to be sold or leased is more than one hundred 1,954
44
thousand dollars, advertisement shall be made once each week for 1,955
four weeks in at least two newspapers in the state having a daily 1,956
circulation of one hundred thousand or more. If a city in this 1,957
state is served by more than one newspaper having a circulation 1,958
of one hundred thousand or more, advertisement may be made in 1,959
only one of the newspapers serving the city. 1,960
(D) Each deed or lease prepared and recorded pursuant to 1,962
this section shall contain a recital stating that all provisions 1,963
of this section have been complied with. The recital shall be 1,964
considered binding and conclusive against all subdivisions of the 1,965
state provided no action has been commenced pursuant to division 1,966
(B) of this section. Any deed or lease containing such a recital 1,967
shall be conclusively presumed to have been executed in 1,968
compliance with this section insofar as title or other interest 1,969
of any bona fide purchasers, lessees, or transferees of the 1,970
property is concerned. 1,971
(E) Nothing in this section shall be construed as 1,973
establishing a precedent for the disposal of state lands and 1,974
facilities by other departments of the state. 1,975
Sec. 5123.231. (A) Until June 30, 1981, or until the 1,984
department of mental retardation and developmental disabilities 1,985
has achieved substantial compliance with the standards for the 1,986
physical facilities and equipment of institutions under its 1,987
jurisdiction as required by section 5123.16 of the Revised Code, 1,988
the director of the department may enter into agreements with any 1,989
person, political subdivision, or state agency for the sale or 1,990
lease of land or facilities under the jurisdiction of the 1,991
director in the following manner: 1,992
(1) The director shall designate lands and facilities that 1,994
are not needed by the department and are under the jurisdiction 1,995
of the department. 1,996
(2) The director shall have a preliminary appraisal made 1,998
of any lands or facilities designated under division (A) of this 1,999
section by a disinterested professional appraiser from the 2,000
45
department of administrative services. The appraiser shall 2,001
deliver to the director a signed certificate of the probable 2,002
market value of the lands and facilities as determined from the 2,003
preliminary appraisal. 2,004
(3) The director shall certify to the legislative clerk of 2,006
the house of representatives and to the clerk of the senate a 2,007
list of all lands and facilities which may be sold or leased, and 2,008
shall include with the list the results of the preliminary 2,009
appraisals of the lands and facilities, a general description of 2,010
the land and facilities, and a description of the current use of 2,011
the land and facilities. 2,012
(4) Every list of lands and facilities certified by the 2,014
director to the legislative clerk of the house of representatives 2,015
and to the clerk of the senate under division (A)(3) of this 2,016
section, shall immediately be transmitted by the respective 2,017
clerks to the committees in the house and the senate to which 2,018
land conveyance bills are usually referred. If either committee 2,019
files in its clerk's office, within sixty calendar days of the 2,020
original certification of the lands and facilities by the 2,021
director, a report disapproving the sale or lease of any lands or 2,022
facilities, the sale or lease of the lands or facilities 2,023
disapproved in the report shall not be made under this section. 2,024
With respect to a sale or lease of lands and facilities that has 2,025
not been disapproved under this division, the director shall 2,026
certify those lands and facilities to the auditor of state. 2,027
(5) After certification to the auditor of state under 2,029
division (A)(4) of this section, the director shall have a formal 2,030
appraisal made of the lands and facilities by a disinterested 2,031
professional appraiser from the department of administrative 2,032
services. The director may accept the formal appraisal or he THE 2,033
DIRECTOR may reject it and order a new formal appraisal by a 2,035
disinterested professional appraiser who shall not be from the 2,036
department of administrative services. The director may then 2,037
sell or lease the lands or facilities in accordance with this 2,038
46
division and department of administrative services procedures as 2,039
set forth in Chapter 123. of the Revised Code. Any such deed or 2,040
lease shall be prepared and recorded pursuant to section 5301.13 2,041
of the Revised Code. The department of administrative services 2,042
shall be the sole agent for the state and shall complete the sale 2,043
or lease of the lands or facilities, up to and including the 2,044
closing thereof, after the director approves the sale price. The 2,045
director and the director of administrative services may, if it 2,046
is determined to be in the best interests of the state, agree to 2,047
sell surplus land for an amount less than the formal appraised 2,048
value but shall not sell any land for less than two-thirds of the 2,049
formal appraised value. 2,050
(B) Coincident with his THE DIRECTOR'S certification under 2,052
division (A)(3) of this section concerning lands which may be 2,054
sold, the director shall give written notice of his THE intention 2,055
to sell the lands by certified mail to the executive officer of 2,057
each county, township, municipal corporation, and school district 2,058
within which the lands are situated. In each notice, the 2,059
director shall specify the conditions under which the lands shall 2,060
be sold, including whether the lands will be sold as a single 2,061
unit or sold in specific parcels that he THE DIRECTOR designates, 2,062
and shall solicit from the subdivision offers to purchase the 2,064
lands in accordance with the conditions he THE DIRECTOR has 2,065
specified and at a price equal to the preliminary appraised value 2,067
determined pursuant to division (A)(2) of this section. If, 2,068
within thirty days of having certified the lands to the auditor 2,069
of state under division (A)(4) of this section, the director 2,070
receives from the executive officer of a subdivision a written 2,071
offer to purchase the lands at or above the price specified in 2,072
his THE DIRECTOR'S original notice to the officer, provided such 2,074
offer otherwise complies with the conditions of purchase 2,075
specified in his THE DIRECTOR'S original notice, the director 2,076
shall forthwith enter into an agreement to sell the lands to the 2,077
subdivision. The agreement shall incorporate any and all terms 2,078
47
that are acceptable to both parties and that are consistent with 2,079
the terms specified in the director's original notice. If no 2,080
offer to purchase is received by the director within the 2,081
thirty-day period provided in this division, the director's 2,082
original notice shall be considered withdrawn and he THE DIRECTOR 2,084
shall be under no obligation to sell any of the lands specified 2,085
in the notice to the subdivision. If two or more offers to 2,086
purchase the same parcels of land are received by the director 2,087
within the required time period from the executive officers of 2,088
two or more subdivisions, the director shall accept the offer or 2,089
offers to purchase that he THE DIRECTOR considers to be in the 2,090
best interests of the state and of the department and shall 2,092
proceed to enter into agreements of sale pursuant to this 2,093
division. If all of the director's original notices relating to 2,094
a given parcel of land become withdrawn, he THE DIRECTOR may 2,095
thereupon proceed to sell the parcel as otherwise provided in 2,097
this section. No subdivision may commence an action to enforce 2,098
the provisions of this division, or to seek any other legal or 2,099
equitable remedy relative to this division, with respect to any 2,100
lands certified to the auditor of state under division (A)(4) of 2,101
this section, except within sixty days of the date on which the 2,102
lands were so certified.
(C) Any agreement under this section shall be at such 2,104
terms as will be in the best interests of the state and the 2,105
department of mental retardation and developmental disabilities. 2,106
However, the terms of any agreement for sale shall include a 2,107
provision that the purchaser will abide by any comprehensive plan 2,108
for the area that has been adopted by the local government in 2,109
which the property is located before the parties enter into the 2,110
agreement. No lease shall be of a duration greater than forty 2,111
years. No agreement, except an agreement entered into under 2,112
division (B) of this section, shall be entered into before the 2,113
proposal to sell or lease the land or facilities has been 2,114
advertised once each week for four weeks in a newspaper of 2,115
48
general circulation in every county in which the lands or 2,116
facilities are located and if the preliminary appraised value of 2,117
the land to be sold or leased is more than one hundred thousand 2,118
dollars advertisement shall be made once each week for four weeks 2,119
in at least two newspapers in the state having a daily 2,120
circulation of one hundred thousand or more. If a city in this 2,121
state is served by more than one newspaper having a circulation 2,122
of one hundred thousand or more, advertisement may be made in 2,123
only one of the newspapers serving the city. 2,124
(D) Each deed or lease prepared and recorded pursuant to 2,126
this section shall contain a recital stating that all provisions 2,127
of this section have been complied with. The recital shall be 2,128
considered binding and conclusive against all subdivisions of the 2,129
state provided no action has been commenced pursuant to division 2,130
(B) of this section. Any deed or lease containing such a recital 2,131
shall be conclusively presumed to have been executed in 2,132
compliance with this section insofar as title or other interest 2,133
of any bona fide purchasers, lessees, or transferees of the 2,134
property is concerned. 2,135
(E) Except as otherwise provided in this division, all 2,137
moneys received from the sale or lease of lands and facilities 2,138
under this section shall be deposited in the state treasury to 2,139
the credit of the general revenue fund. All moneys received from 2,140
the sale or lease of lands and facilities under this section that 2,141
were purchased with funds from the mental health facilities 2,142
improvement fund created by division (F) of section 154.20 of the 2,143
Revised Code shall be credited to the mental health facilities 2,144
improvement fund. 2,145
(F) Nothing in this section shall be construed as 2,147
establishing a precedent for the disposal of state lands and 2,148
facilities by other departments of the state. 2,149
Sec. 5528.19. Upon the payment in full of all interest, 2,158
principal, and charges for the retirement of all bonds and other 2,160
obligations which may be issued pursuant to Section 2g of Article 2,161
49
VIII, Ohio Constitution and sections 5528.10 and 5528.11 of the 2,162
Revised Code, the commissioners of the sinking fund shall make a 2,163
certification of such fact to the clerk of the senate, the
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 2,164
representatives, and the treasurer of state. 2,165
Upon the receipt of such certification, the treasurer of 2,167
state shall transfer all moneys remaining to the credit of the 2,168
highway improvement bond retirement fund, created by section 2,169
5528.12 of the Revised Code, to the highway obligations bond 2,170
retirement fund created by section 5528.32 of the Revised Code. 2,171
Sec. 5528.56. (A) The treasurer of state on behalf of the 2,180
commissioners of the sinking fund, on or before the fifteenth day 2,181
of July of each fiscal year, shall certify to the office of 2,182
budget and management the total amount of moneys required during 2,183
that fiscal year to meet in full all payments of bond service 2,184
charges and financing costs which are not to be paid from the 2,185
proceeds of the bonds anticipated or of renewal notes issued 2,186
pursuant to section 5528.54 of the Revised Code.
(B) When the moneys to the credit of the bond service fund 2,188
are sufficient to provide for payment of the amount required as 2,189
stated in the certificate provided for in division (A) of this 2,190
section, the commissioners shall certify such fact to the office 2,191
of budget and management.
(C) If and so long as the moneys to the credit of the bond 2,193
service fund, together with any other funds available for the 2,194
purpose, are insufficient to meet in full all payments of the 2,195
amount required as stated in the certificate provided for in 2,196
division (A) of this section, the commissioners shall at such 2,197
times as provided in the bond proceedings, and in any event 2,198
within ten days prior to the date any such payments are due,
certify to the office of budget and management the total amount 2,199
of such bond service charges and financing costs, the amount of 2,200
moneys to the credit of the bond service fund and any other funds 2,201
available for the purpose, and the amount of additional money 2,202
50
necessary to be credited to the bond service fund to meet in full 2,203
the payment of such bond service charges and financing costs when
due.
(D) If upon the certification provided for in division (A) 2,206
or (C) of this section, or if on presentation of obligations for 2,207
payment of bond service charges when due, there are insufficient 2,208
moneys in the bond service fund and any other funds available for
the purpose for payment of bond service charges and financing 2,209
costs as so certified, the commissioners, upon consultation with 2,210
the director of budget and management, shall transfer a 2,211
sufficient amount to the bond service fund from the receipts 2,212
derived from all excises, taxes, and other revenues of the state, 2,213
including those referred to in Section 5a of Article XII, Ohio 2,214
Constitution, which excises, taxes, and revenues are and shall be 2,215
deemed to be levied, in addition to the purposes otherwise 2,216
provided for by law, to provide in accordance with sections 2,217
5528.51 to 5528.56 of the Revised Code and the bond proceedings
for the payment of bond service charges and financing costs. The 2,218
levy and collection of such excises, taxes, and revenues and 2,220
their application to the payment of the bond service charges and 2,221
financing costs, as provided by this section, shall continue and 2,222
the state hereby covenants with the holders of such obligations
and providers of credit enhancement facilities be continued, so 2,223
long as such obligations are outstanding. In each year that 2,224
moneys referred to in Section 5a of Article XII, Ohio 2,225
Constitution pledged to the payment of bond service charges on 2,226
obligations issued pursuant to sections 5528.51 to 5528.55 of the 2,227
Revised Code are available for that purpose, such moneys shall be 2,228
appropriated thereto and the required application of any other 2,229
excises, taxes, and revenues shall be reduced in corresponding 2,230
amount.
(E) The general assembly may from time to time repeal or 2,232
reduce any excise, tax, or other source of revenue pledged 2,233
pursuant to Section 2m of Article VIII, Ohio Constitution, and 2,235
51
this section to the payment of the bond service charges, and may 2,236
levy any new or increased excise, tax, or revenue source to meet 2,237
the pledge to the payment of bond service charges on outstanding 2,238
obligations of the state's full faith and credit, revenue, and
taxing power. Nothing in this division authorizes any impairment 2,239
of the obligation of this state to levy, charge, and collect 2,240
sufficient excises, taxes, and revenues to pay bond service 2,241
charges on obligations outstanding in accordance with their 2,242
terms.
(F) Upon the payment or provision for payment in full of 2,244
all bond service charges on all obligations in accordance with 2,245
their terms, the commissioners shall certify that fact to the 2,246
clerk of the senate, the legislative clerk of the house of 2,247
representatives, the treasurer of state, and the office of budget 2,249
and management. Upon making such certification the treasurer of 2,250
state shall transfer to the general revenue fund all moneys then
remaining to the credit of the bond service fund and not needed 2,251
for the purpose of paying bond service charges. 2,252
Section 2. That existing sections 101.23, 101.25, 101.271, 2,254
101.272, 101.29, 101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 2,255
101.62, 101.65, 101.67, 101.69, 102.09, 103.15, 105.61, 123.151, 2,256
124.18, 125.081, 125.31, 125.42, 125.58, 125.59, 125.60, 127.16, 2,257
129.52, 129.56, 129.64, 149.091, 149.17, 164.11, 1555.14, 2,258
2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and
5528.56 of the Revised Code are hereby repealed. 2,259
Section 3. The Office of Clerk of the House of 2,261
Representatives is a continuation of the former Office of 2,262
Legislative Clerk of the House of Representatives. The 2,263
individual holding office as Legislative Clerk of the House of 2,264
Representatives immediately before the effective date of this act 2,265
holds office as Clerk of the House of Representatives on and 2,266
after the effective date of this act. 2,267
Section 4. The Office of Chief Administrative Officer of 2,269
the House of Representatives is a continuation of the former 2,270
52
Office of the Executive Secretary of the House of 2,271
Representatives. The individual holding office as Executive 2,272
Secretary of the House of Representatives immediately before the 2,273
effective date of this act holds office as Chief Administrative 2,274
Officer of the House of Representatives on and after the 2,275
effective date of this act.
Section 5. Section 127.16 of the Revised Code is presented 2,277
in this act as a composite of the section as amended by both Am. 2,279
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 2,281
letters. This is in recognition of the principle stated in 2,282
division (B) of section 1.52 of the Revised Code that such 2,283
amendments are to be harmonized where not substantively 2,284
irreconcilable and constitutes a legislative finding that such is 2,285
the resulting version in effect prior to the effective date of 2,286
this act.