As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 649 5
1997-1998 6
REPRESENTATIVES GARDNER-GARCIA-HARRIS-CORBIN-WILLAMOWSKI-VESPER 8
_________________________________________________________________ 10
A B I L L
To amend sections 101.23, 101.271, 101.272, 101.29, 12
101.31, 101.32, 101.33, 101.51, 101.52, 101.55, 13
101.61, 101.63, 101.65, 101.66, 101.69, 102.09, 14
103.15, 121.40, 123.151, 124.18, 125.081, 125.31, 16
125.42, 125.47, 125.48, 125.58, 125.76, 127.16, 17
129.52, 129.56, 129.64, 149.07, 149.09, 149.091,
149.13, 149.17, 164.11, 1555.14, 2331.11, 19
3317.09, 4121.03, 5117.12, 5119.39, 5123.231,
5528.19, and 5528.56; to amend, for the purpose 20
of adopting new section numbers as indicated in
parentheses, sections 101.51 (101.531), 101.52 21
(101.53), 101.55 (101.532), 101.61 (101.54), 22
101.63 (101.541), 101.65 (101.542), and 101.66
(101.543); to enact new sections 101.25, 101.51, 23
and 101.52, and sections 101.521, 101.522,
101.523, and 101.524; and to repeal sections 24
101.25, 101.50, 101.53, 101.62, 101.64, 101.67, 25
125.59, 125.60, 125.63, and 149.06 of the Revised
Code and to amend Section 192 of Am. Sub. H.B. 26
215 of the 122nd General Assembly to improve 27
operations of the General Assembly by permitting
members to resign without a vote of acceptance, 29
modernizing the legislative printing laws,
transferring responsibility for preservation of 30
the final journals to the Ohio Historical
Society, retitling the Legislative Clerk of the 32
House as the Clerk of the House, retitling the 33
Executive Secretary of the House as the Chief
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Administrative Officer of the House, updating the 34
mileage paid to certain officers of the Senate 35
and House, clarifying that only the principal 36
sergeant at arms is to be paid mileage, and
modernizing the law establishing privilege from 37
arrest.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 101.23, 101.271, 101.272, 101.29, 41
101.31, 101.32, 101.33, 101.51, 101.52, 101.55, 101.61, 101.63, 42
101.65, 101.66, 101.69, 102.09, 103.15, 121.40, 123.151, 124.18, 43
125.081, 125.31, 125.42, 125.47, 125.48, 125.58, 125.76, 127.16, 44
129.52, 129.56, 129.64, 149.07, 149.09, 149.091, 149.13, 149.17, 45
164.11, 1555.14, 2331.11, 3317.09, 4121.03, 5117.12, 5119.39, 46
5123.231, 5528.19, and 5528.56 be amended; sections 101.51 48
(101.531), 101.52 (101.53), 101.55 (101.532), 101.61 (101.54), 49
101.63 (101.541), 101.65 (101.542), and 101.66 (101.543) be
amended for the purpose of adopting new section numbers as 50
indicated in parentheses; and new sections 101.25, 101.51, and 51
101.52 and sections 101.521, 101.522, 101.523, and 101.524 of the 52
Revised Code be enacted to read as follows: 53
Sec. 101.23. The oath of office of senators and 62
representatives, the president and president pro tempore of the 63
senate, the speaker and speaker pro tempore of the house of 64
representatives, and the clerk of the senate, executive secretary 65
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 67
house of representatives, and their assistants, and the sergeant 68
at arms, and assistant sergeant at arms of each house, may be 69
administered by a member or by a person authorized to administer 70
oaths.
Sec. 101.25. DURING A REGULAR SESSION OF THE GENERAL 72
ASSEMBLY, A SENATOR WHO DESIRES TO RESIGN SHALL DO SO BY 73
PRESENTING A LETTER OF RESIGNATION TO THE PRESIDENT OF THE SENATE 75
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AND A REPRESENTATIVE WHO DESIRES TO RESIGN SHALL DO SO BY 77
PRESENTING A LETTER OF RESIGNATION TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OR SPEAKER SHALL VERIFY 78
AUTHENTICITY OF THE LETTER OF RESIGNATION AND, UPON DOING SO, 79
SHALL SEND A LETTER OF ACKNOWLEDGMENT TO THE RESIGNING SENATOR OR 80
REPRESENTATIVE.
WHEN THE GENERAL ASSEMBLY HAS ADJOURNED ITS REGULAR SESSION 82
SINE DIE, A SENATOR OR REPRESENTATIVE WHO DESIRES TO RESIGN SHALL 83
DO SO BY PRESENTING A LETTER OF RESIGNATION TO THE GOVERNOR. THE 84
GOVERNOR SHALL VERIFY AUTHENTICITY OF THE LETTER OF RESIGNATION 85
AND, UPON DOING SO, SHALL SEND A LETTER OF ACKNOWLEDGEMENT TO THE 86
RESIGNING SENATOR OR REPRESENTATIVE.
AN ACKNOWLEDGED RESIGNATION TAKES EFFECT AT THE TIME 88
SPECIFIED IN THE LETTER OF RESIGNATION. IF AN ACKNOWLEDGED 89
RESIGNATION OCCURS DURING A REGULAR SESSION OF THE GENERAL 90
ASSEMBLY, THE CLERK OF THE SENATE OR CLERK OF THE HOUSE OF 91
REPRESENTATIVES SHALL SPREAD THE LETTER OF RESIGNATION UPON THE
SENATE OR HOUSE OF REPRESENTATIVES JOURNAL. 92
THIS SECTION DOES NOT APPLY TO A MEMBER-ELECT WHO RESIGNS 94
BEFORE THE GENERAL ASSEMBLY HAS ORGANIZED. 95
Sec. 101.271. (A) As used in this section, "medical 104
insurance premium" means any premium payment made under a 105
contract with an insurance company, nonprofit health plan, health 106
insuring corporation, or any combination of such organizations, 108
pursuant to section 124.82 of the Revised Code. 109
(B) After the general election in each even-numbered year, 111
the clerk of the senate, with the assistance of the department of 112
administrative services, shall estimate the cost of the medical 113
insurance premiums that will be necessary to provide coverage, on 114
the same basis as for a similarly situated state employee, for 115
each person who is elected to a term as senator at such election, 116
or appointed to fill the unexpired portion of any such term, and 117
any of the senator's dependents qualified for coverage at the 119
time the senator assumes office. Using this estimate, the clerk 120
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shall determine a fixed amount to be paid by the state in equal 121
monthly installments on behalf of the senator each year of the 122
senator's term as a medical insurance premium, but in no event in 123
an amount to exceed the total premium required in any month by 125
the contract of the state by the carrier. Any amount not paid in 126
such a case shall be placed in reserve and applied against any 127
subsequent month's premium up to the full amount thereof until 128
the entire amount has been paid along with the original estimate 129
for each month. This fixed amount shall be such that, as nearly 130
as can be predicted, the sum of the monthly premiums paid for the 131
senator during the senator's term shall equal the total amount of 133
medical insurance premiums that will be paid for such an 134
employee, as required by section 124.82 of the Revised Code, 135
during that term. The senator shall pay the difference between 136
the amount so fixed and the total premium required by the 137
contract of the state with the carrier.
(C) After the general election in each even-numbered year, 139
the executive secretary CHIEF ADMINISTRATIVE OFFICER of the house 141
of representatives, with the assistance of the department of 142
administrative services, shall estimate the cost of the medical 143
insurance premiums that will be necessary to provide coverage, on 144
the same basis as for a similarly situated state employee, for 145
each person who is elected to a term as representative at such 146
election, or appointed to fill the unexpired portion of any such 147
term, and any of the representative's dependents qualified for 148
coverage at the time the representative assumes office. Using 149
this estimate, the executive secretary CHIEF ADMINISTRATIVE 150
OFFICER shall determine a fixed amount to be paid by the state in 151
equal monthly installments on behalf of the representative each 152
year of the representative's term as a medical insurance premium, 154
but in no event in an amount to exceed the total premium required 155
in any month by the contract of the state with the carrier. Any 156
amount not paid in such a case shall be placed in reserve and 157
applied against any subsequent month's premium up to the full 158
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amount thereof until the entire reserve has been paid along with 159
the original estimate for each month. This fixed amount shall be 160
such that, as nearly as can be predicted, the sum of the monthly 161
premiums paid for the representative during the representative's 162
term shall equal the total amount of medical insurance premiums 164
that will be paid for such an employee, as required by section 165
124.82 of the Revised Code, during that term. The representative 166
shall pay the difference between the amount so fixed and the 167
total premium required by the contract of the state with the 168
carrier.
Sec. 101.272. (A) The house reimbursement fund is hereby 177
created in the state treasury. The fund shall consist of refunds 178
from the department of administrative services of overpayments of 179
medical insurance premiums accumulated under division (C) of 180
section 101.271 of the Revised Code; amounts received by the 181
house executive secretary's office OF THE CHIEF ADMINISTRATIVE 182
OFFICER OF THE HOUSE OF REPRESENTATIVES for salvage and recycling 183
of equipment, materials, and supplies; and payments from members 184
and employees for incidental use of house equipment or 185
facilities. The fund shall be used to pay operating expenses of 186
the house of representatives. 187
(B) The senate reimbursement fund is hereby created in the 189
state treasury. The fund shall consist of refunds from the 190
department of administrative services of overpayments of medical 191
insurance premiums accumulated under division (B) of section 192
101.271 of the Revised Code; amounts received by the senate 193
clerk's office for salvage and recycling of equipment, materials, 194
and supplies; and payments from members and employees for 195
incidental use of senate equipment or facilities. The fund shall 196
be used to pay operating expenses of the senate. 197
Sec. 101.29. The senate and the house of representatives 206
shall choose their own officials and employees, respectively, and 207
fix their compensation. The clerk of the senate, executive 208
secretary THE CHIEF ADMINISTRATIVE OFFICER and legislative THE 209
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clerk of the house of representatives, and THE PRINCIPAL 211
sergeants at arms designated by the respective houses shall 213
receive ten cents A TRAVEL ALLOWANCE per mile each way twice a 214
month from and to their place of residence, if outside Franklin 215
county, by the most direct highway route of public travel, to be 216
paid monthly, AT THE SAME MILEAGE RATE ALLOWED FOR THE 218
REIMBURSEMENT OF TRAVEL EXPENSES OF STATE AGENTS AS PROVIDED BY 219
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT ADOPTED PURSUANT TO
DIVISION (B) OF SECTION 126.31 OF THE REVISED CODE. 221
THE SENTENCE OF THIS SECTION REQUIRING PAYMENT FOR MILEAGE 223
DOES NOT INCLUDE THE ASSISTANT SERGEANTS AT ARMS DESIGNATED BY 224
THE SENATE AND HOUSE OF REPRESENTATIVES. 225
Sec. 101.31. The clerk of the senate, executive secretary 234
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE clerk of the 235
house of representatives, and the sergeant at arms of each house 236
shall be present and assist in the organization of the next 237
succeeding general assembly. 238
Sec. 101.32. The clerk of the senate and executive 247
secretary, THE CHIEF ADMINISTRATIVE OFFICER of the house of 248
representatives, and the sergeant at arms of each house shall 249
have control of their respective assistants, and each house by 250
resolution may dismiss any of them whose services are not needed, 251
or who do not perform their duties satisfactorily. 252
Sec. 101.33. During the absence or disability of the clerk 261
of the senate, legislative clerk of the house of representatives, 262
or sergeant at arms of either house, the respective house of the 264
general assembly may constitute one of the assistant clerks, 265
clerk pro tempore or legislative clerk pro tempore, or one of the 267
assistant sergeant at arms, sergeant at arms pro tempore, and the 268
assistant so appointed shall have the powers to perform the
duties required of his THE ASSISTANT'S principal. 269
Sec. 101.51. AS USED IN SECTIONS 101.51 TO 101.543 OF THE 272
REVISED CODE:
(A) "COMPOSITION" INCLUDES SHAPE, SIZE, PAPER, TYPEFACE, 275
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TYPEFACE SIZE, LINE WIDTH, MARGINS, SPACING, DIVISION, BINDING, 276
AND OTHER MATTERS RELATING TO THE MAKEUP OF A DOCUMENT. 277
(B) "DOCUMENT" MEANS A BILL, ACT, RESOLUTION, JOURNAL, 280
PAMPHLET LAW, BULLETIN, INDEX, REPORT, FORM, OR OTHER DOCUMENT 281
THAT IS USED IN THE PROCEEDINGS OR OPERATIONS OF, OR THAT IS LAID 282
BEFORE, THE SENATE OR HOUSE OF REPRESENTATIVES. 283
(C) "METHOD OF PRINTING" MEANS A METHOD OF PRINTING THAT 286
MECHANICALLY OR ELECTRONICALLY PRODUCES OR REPRODUCES A DOCUMENT 287
BY COMPLETELY AND ACCURATELY TRANSFERRING TO PAPER OR TO 288
ELECTRONIC MEMORY, THE CHARACTERS OF WHICH THE TEXT OF THE 289
DOCUMENT IS COMPOSED.
Sec. 101.52. THE CLERK OF THE SENATE AND THE CLERK OF THE 292
HOUSE OF REPRESENTATIVES ARE CUSTODIANS OF THE DOCUMENTS IN 293
POSSESSION OF THE SENATE OR HOUSE OF REPRESENTATIVES, AND ARE 294
RESPONSIBLE FOR THE PRINTING OF A DOCUMENT WHEN ITS PRINTING 295
BECOMES NECESSARY IN THE COURSE OF THE PROCEEDINGS OR OPERATIONS 296
OF THE CLERK'S RESPECTIVE HOUSE. THE CLERK SHALL DISCHARGE THIS 297
RESPONSIBILITY FOR PRINTING, WHETHER FOR A PARTICULAR DOCUMENT OR 298
FOR A PARTICULAR CLASS OF DOCUMENTS, BY PRINTING THE DOCUMENT 299
INTERNALLY IN THE CLERK'S OFFICE, BY CONTRACTING WITH A PRIVATE 300
PRINTER OUTSIDE THE CLERK'S OFFICE, BY PARTICIPATING IN THE 301
PUBLIC PRINTING SERVICES PROVIDED BY THE DEPARTMENT OF 302
ADMINISTRATIVE SERVICES, OR BY REQUESTING THE DIRECTOR OF 303
ADMINISTRATIVE SERVICES TO LET A CONTRACT FOR THE PRINTING. IN 305
CHOOSING AMONG THESE METHODS OF PRINTING A DOCUMENT OR CLASS OF 306
DOCUMENTS, THE CLERK SHALL NOT SELECT A METHOD UNLESS IT
REASONABLY APPEARS UNDER THE CIRCUMSTANCES THAT THE METHOD WILL 307
ENABLE THE CLERK SUCCESSFULLY AND EFFICIENTLY TO DISCHARGE THE 308
CLERK'S RESPONSIBILITY FOR PRINTING THE DOCUMENT OR CLASS OF 309
DOCUMENTS. 310
Sec. 101.521. IF THE CLERK OF THE SENATE OR THE CLERK OF 313
THE HOUSE OF REPRESENTATIVES PRINTS A DOCUMENT OR CLASS OF 314
DOCUMENTS INTERNALLY IN THE CLERK'S OFFICE, THE CLERK SHALL 315
COMPOSE THE DOCUMENT AND SELECT THE METHOD OF PRINTING TO BE 316
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USED. EXCEPT FOR MATTERS OF COMPOSITION AND QUANTITY PRESCRIBED 317
BY LAW, BY RULE OF THE SENATE OR HOUSE OF REPRESENTATIVES, BY 318
JOINT RULE OF BOTH HOUSES, OR BY ORDER OF THE SENATE OR HOUSE OF 319
REPRESENTATIVES, THE CLERK, TAKING INTO CONSIDERATION MEANS OF 320
EFFECTIVELY COMMUNICATING THE CONTENT OF THE DOCUMENT, SHALL 321
DETERMINE THE COMPOSITION OF THE DOCUMENT, AND, TAKING INTO 322
CONSIDERATION THE USES TO WHICH THE DOCUMENT FORESEEABLY IS TO BE 323
PUT, SHALL DETERMINE THE APPROXIMATE QUANTITY OF THE DOCUMENT TO 324
BE PRINTED.
Sec. 101.522. IF THE CLERK OF THE SENATE OR THE CLERK OF 327
THE HOUSE OF REPRESENTATIVES CONTRACTS WITH A PRIVATE PRINTER 328
OUTSIDE THE CLERK'S OFFICE TO PRINT A DOCUMENT OR CLASS OF 329
DOCUMENTS, THE CLERK SHALL NEGOTIATE AND AGREE WITH THE PRINTER 330
UPON THOSE TERMS AS ARE NECESSARY AND PROPER WITH RESPECT TO THE 331
PRINTING JOB BEING CONTRACTED FOR. THE TERMS ARE TO INCLUDE 332
PROVISIONS WITH RESPECT TO:
(A) COMPOSITION OF THE DOCUMENT, REFLECTING MEANS OF 335
EFFECTIVELY COMMUNICATING THE CONTENT OF THE DOCUMENT, SUBJECT TO 336
MATTERS OF COMPOSITION PRESCRIBED BY LAW, BY RULE OF THE SENATE 337
OR HOUSE OF REPRESENTATIVES, BY JOINT RULE OF BOTH HOUSES, OR BY 338
ORDER OF THE SENATE OR HOUSE OF REPRESENTATIVES; 339
(B) METHOD OF PRINTING TO BE USED; 341
(C) DELIVERY TO THE CLERK OF PROOF SHEETS, RETURN TO THE 344
PRINTER OF CORRECTED PROOFS, AND MAKING OF CORRECTIONS; 345
(D) APPROXIMATE QUANTITY TO BE PRINTED, REFLECTING THE 348
USES TO WHICH THE DOCUMENT FORESEEABLY IS TO BE PUT, SUBJECT TO 349
MATTERS OF QUANTITY PRESCRIBED BY LAW, BY RULE OF THE SENATE OR 350
HOUSE OF REPRESENTATIVES, BY JOINT RULE OF BOTH HOUSES, OR BY 351
ORDER OF THE SENATE OR HOUSE OF REPRESENTATIVES; 352
(E) DEADLINES; 354
(F) COMPENSATION TO BE PAID TO THE PRINTER FOR SERVICES 357
RENDERED AND MATERIALS PROVIDED, AND ANY LIQUIDATED DAMAGES TO BE 358
CHARGED AGAINST THE PRINTER FOR MISFEASANCE OR NONFEASANCE; 359
(G) TERM OF THE CONTRACT; AND 361
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(H) OTHER MATTERS AS ARE NECESSARY AND PROPER FOR 364
EFFICIENT, TIMELY, AND SUCCESSFUL PERFORMANCE OF THE PRINTING 365
JOB.
Sec. 101.523. IF THE CLERK OF THE SENATE OR THE CLERK OF 368
THE HOUSE OF REPRESENTATIVES PRINTS A DOCUMENT OR CLASS OF 369
DOCUMENTS BY PARTICIPATING IN THE PUBLIC PRINTING SERVICES 370
PROVIDED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES, THE CLERK 371
SHALL NEGOTIATE AND AGREE WITH THE DIRECTOR OF ADMINISTRATIVE 372
SERVICES WITH RESPECT TO THE PRINTING SERVICES THE DEPARTMENT IS 373
TO PROVIDE TO THE CLERK. TERMS OF PARTICIPATION, EXCEPT AS MAY 374
BE LIMITED BY THE LAW GOVERNING THE DEPARTMENT'S PUBLIC PRINTING 375
SERVICES, ARE THE SAME AS THOSE TO BE INCLUDED IN A CONTRACT WITH 376
A PRIVATE PRINTER. THE CLERK AND THE DIRECTOR SHALL MEMORIALIZE 377
THEIR AGREEMENT IN A MEMORANDUM. 378
Sec. 101.524. UPON REQUEST OF THE CLERK OF THE SENATE OR 380
THE CLERK OF THE HOUSE OF REPRESENTATIVES TO LET A CONTRACT FOR 381
PRINTING, THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL NEGOTIATE 384
AND ENTER INTO A CONTRACT FOR THE PRINTING REQUESTED BY THE
CLERK.
Sec. 101.52 101.53. After passage and before enrollment, 393
bills shall be printed in ten point type on pages containing 395
seven and one-half by four and one-half inches of solid matter, 396
on paper specified by the state in its notice for proposals for 397
state printing. Bills shall be printed in the exact language in 398
which they were passed, under the supervision of the clerk of the 399
house in which they originated. New matter shall be indicated by 400
capitalization and old matter omitted by striking through such 401
matter. Prior capitalization in a Revised Code section shall be 402
indicated by italicized type. 403
Five copies of each bill shall be printed in a form 405
suitable for distribution as enrolled bills and not less than one 406
thousand nor more than six thousand copies of each bill shall be 407
printed in a form suitable for distribution as pamphlet laws. The 409
pamphlet laws shall be prepared as follows:
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(A) Copies in such number as may be agreed upon by the 411
clerk of the senate and the executive secretary of the house, but 412
in no case shall more than five thousand be printed and 413
apportioned among the senators and representatives; 414
(B) Five hundred copies for distribution by the secretary 417
of state. 418
Sec. 101.51 101.531. The bills and resolutions shall be 427
printed in ten point type and each page shall contain not less 430
than thirty lines of solid matter four and one-half inches in 431
length, with eighteen points of open space between the lines. 432
The material used in printing the bill BILLS shall be held and 433
used to print the pamphlet laws provided for in section 101.52 of 434
the Revised Code and the session laws provided for in section 435
149.091 of the Revised Code. The lines of each bill shall be 437
numbered.
Sec. 101.55 101.532. The main operating appropriations 446
bill shall not contain appropriations for the industrial 448
commission or the bureau of workers' compensation. 449
Appropriations for these two agencies shall be enacted in
separate legislation BILLS. 450
Sec. 101.61 101.54. The clerk of the senate and the 459
legislative clerk of the house of representatives shall keep a 461
daily journal of the proceedings of his THE CLERK'S house of the 463
general assembly, which shall be read and corrected in his THE 464
CLERK'S presence. After the reading, CORRECTION, and approval of 466
the journal, it shall be attested by the clerk or legislative 467
clerk and recorded in books furnished by the secretary of state. 468
The recorded journals shall be deposited with the secretary of 469
state, OHIO HISTORICAL SOCIETY and be the true journals. The 470
original daily journal, as kept, corrected, approved, and 471
attested, shall be delivered USED by the clerk or legislative 472
clerk to the printer of PRINT the journals for his use in 473
printing them. The clerk or legislative clerk shall read and 475
correct the proof sheets, carefully compare them with the 476
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recorded journals, and correct any errors. 477
Sec. 101.63 101.541. Six hundred copies of the journals of 486
the senate and house of representatives respectively shall be 488
printed. To each printed FINAL journal there shall be an 490
appendix of petitions and memorials, reports of committees,
special reports, communications of officers or boards, and other 491
papers and documents laid before either or both houses. No such 492
paper or document shall be printed in either appendix unless 494
ordered by the house before which it is laid. If a paper or 495
document is laid before both houses, and ordered printed by both, 496
it shall be printed only in the appendix to the senate journal.
The abstract of votes for governor and other state officers shall 498
be printed in the appendix to the senate journal. The standing 499
rules shall be printed in the appendix to each journal. 500
Sec. 101.65 101.542. The clerk of the senate and the 509
legislative clerk of the house of representatives shall make an 511
index to the journal kept by him JOURNALS OF THE SENATE AND HOUSE 512
OF REPRESENTATIVES, and an index of its appendix, and deliver 513
them to the printer, who TO THE APPENDIX TO BOTH JOURNALS. THE 514
CLERK OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTATIVES 515
shall print them at the end of the proper volumes. The clerk of 516
the senate and the legislative clerk of the house of 517
representatives shall make an index to the recorded journal and 518
deliver it to the secretary of state, who shall preserve it with
the recorded journal THE INDEXES IN THE APPENDIX TO THE FINAL 519
SENATE AND HOUSE OF REPRESENTATIVES JOURNALS. 520
Sec. 101.66 101.543. The DAILY SENATE AND HOUSE OF 529
REPRESENTATIVES JOURNALS SHALL BE PRINTED DAILY DURING EACH 530
SESSION OF THE GENERAL ASSEMBLY IN PAMPHLET FORM WITHOUT COVERS. 531
THE SENATE JOURNAL SHALL PRECEDE THE HOUSE OF REPRESENTATIVES 532
JOURNAL IN THE PAMPHLET. THE COMPOSITION USED IN PRINTING THE 533
DAILY JOURNALS SHALL BE RETAINED FOR USE IN PRINTING THE FINAL 534
JOURNALS.
THE FINAL SENATE AND HOUSE OF REPRESENTATIVES journals and 536
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appendixes shall be PRINTED AFTER ADJOURNMENT SINE DIE AND BE 537
bound in half law binding. Each THE RESPECTIVE journal OF EACH 538
HOUSE and its proper appendix shall compose one volume unless the 540
secretary of state CLERK OF THE SENATE OR CLERK OF THE HOUSE OF 541
REPRESENTATIVES, AS THE CASE MAY BE, directs that they be bound 542
in separate volumes.
Sec. 101.69. All money collected by the senate clerk's 551
office from the sale of flags, insignia, seals, frames for 552
resolutions, and similar items shall be deposited in the state 553
treasury to the credit of the senate miscellaneous sales fund, 554
which is hereby created. Money credited to the fund shall be
used solely to pay costs of procuring such items. Any costs of 555
procuring such items in excess of the money available in the fund 556
shall be paid out of the regular appropriation to the senate. 557
All money collected by the house executive secretary's 559
office OF THE CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF 560
REPRESENTATIVES for the sale of flags, insignia, seals, frames 561
for resolutions, and similar items shall be deposited in the 562
state treasury to the credit of the house miscellaneous sales
fund, which is hereby created. Money credited to the fund shall 563
be used solely to pay costs of procuring such items. Any costs 564
of procuring such items in excess of the money available in the 565
fund shall be paid out of the regular appropriation to the house 566
OF REPRESENTATIVES.
Sec. 102.09. (A) The secretary of state and the county 575
board of elections shall furnish, to each candidate for elective 576
office who is required to file a financial disclosure statement 577
by section 102.02 of the Revised Code, a financial disclosure 578
form, and shall notify the appropriate ethics commission, within 579
fifteen days of the name of the candidate, and of the subsequent 580
withdrawal, disqualification, or death of the candidate. The 581
candidate shall acknowledge receipt of the financial disclosure 582
form in writing. 583
(B) The secretary of state and the county board of 585
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elections shall furnish to each person who is appointed to fill a 586
vacancy for an unexpired term in an elective office, and who is 587
required to file a financial disclosure statement by section 588
102.02 of the Revised Code, a financial disclosure form, and 589
shall notify the appropriate ethics commission within fifteen 590
days of being notified by the appointing authority, of the name 591
and position of the public official and the date of appointment. 592
The person shall acknowledge receipt of the financial disclosure 593
form in writing. 594
(C) The public agency or appointing authority that 596
employs, appoints, or promotes any public official or employee 597
who, as a result of such employment, appointment, or promotion, 598
is required to file a financial disclosure statement by section 599
102.02 of the Revised Code, shall, within fifteen days of the 600
employment, appointment, or promotion, furnish the public 601
official or employee with a financial disclosure form, and shall 602
notify the appropriate ethics commission of the name and position 603
of the public official or employee and the date of employment, 604
appointment, or promotion. The public official or employee shall 605
acknowledge receipt of the financial disclosure form in writing. 606
(D) The clerk of the senate and executive secretary of the 609
house of representatives shall distribute to every member of his 610
respective house prior to the first day of February a copy of the 612
form for filing the financial disclosure statement under section 613
102.02 of the Revised Code. The member shall acknowledge his 614
receipt in writing. 615
(E) Within fifteen days after any public official or 617
employee begins the performance of his official duties, the 618
public agency with which he THE OFFICIAL OR EMPLOYEE serves or 619
the appointing authority shall furnish him THE OFFICIAL OR 621
EMPLOYEE a copy of Chapter 102. and section 2921.42 of the 623
Revised Code, and may furnish such other materials as the
appropriate ethics commission prepares for distribution. The 624
official or employee shall acknowledge their receipt in writing. 625
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The requirements of this division do not apply at the time of 626
reappointment or reelection. 627
Sec. 103.15. At the close of each second regular session 636
of the general assembly, the clerk of the senate and the 637
legislative clerk of the house of representatives shall deliver 639
to the director of the Ohio legislative service commission copies 640
of all bills, joint resolutions, important petitions, memorials, 641
and other legislative document DOCUMENTS passed or presented 642
during each session of the general assembly. 643
Sec. 121.40. (A) There is hereby created the governor's 652
community service council consisting of twenty-one members 653
including the superintendent of public instruction or the 654
superintendent's designee, the chancellor of the Ohio board of 655
regents or the chancellor's designee, the director of natural 656
resources or the director's designee, the director of youth 657
services or the director's designee, the director of aging or the 659
director's designee, the director of human services or the 660
director's designee, the chairperson of the committee of the 661
house of representatives dealing with education or the 662
chairperson's designee, the chairperson of the committee of the 663
senate dealing with education or the chairperson's designee, and 664
thirteen members who shall be appointed by the governor with the 666
advice and consent of the senate and who shall serve terms of 667
office of three years. The appointees shall include educators, 668
including teachers and administrators; representatives of youth 669
organizations; students and parents; representatives of 670
organizations engaged in volunteer program development and
management throughout the state, including youth and conservation 671
programs; and representatives of business, government, nonprofit 672
organizations, social service agencies, veterans organizations, 673
religious organizations, or philanthropies that support or 674
encourage volunteerism within the state. Members of the council 676
shall receive no compensation, but shall be reimbursed for actual 677
and necessary expenses incurred in the performance of their 678
15
official duties.
(B) The council shall appoint an executive director for 680
the council, who shall be in the unclassified civil service. The 682
executive director shall supervise the council's activities and 683
report to the council on the progress of those activities. The 685
executive director shall do all things necessary for the 686
efficient and effective implementation of the duties of the 687
council.
The responsibilities assigned to the executive director do 689
not relieve the members of the council from final responsibility 690
for the proper performance of the requirements of this division. 691
(C) The council or its designee shall do all of the 695
following:
(1) Employ, promote, supervise, and remove all employees 698
as needed in connection with the performance of its duties under 700
this section and may assign duties to those employees as
necessary to achieve the most efficient performance of its 701
functions, and to that end may establish, change, or abolish 702
positions, and assign and reassign duties and responsibilities of 703
any employee of the council. Personnel employed by the council 704
who are subject to Chapter 4117. of the Revised Code shall retain 706
all of their rights and benefits conferred pursuant to that 707
chapter. Nothing in this chapter shall be construed as 708
eliminating or interfering with Chapter 4117. of the Revised Code 710
or the rights and benefits conferred under that chapter to public 711
employees or to any bargaining unit. 712
(2) Maintain its office in Columbus, and may hold sessions 715
at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary 717
to house the council, its employees, and files and records under 718
its control, and to discharge any duty imposed upon it by law. 719
The expense of these acquisitions shall be audited and paid for 720
in the same manner as other state expenses. For that purpose, 721
the council shall prepare and submit to the office of budget and
16
management a budget for each biennium according to sections 722
101.55 101.532 and 107.03 of the Revised Code. The budget 724
submitted shall cover the costs of the council and its staff in 725
the discharge of any duty imposed upon the council by law. The 726
council shall not delegate any authority to obligate funds. 727
(4) Pay its own payroll and other operating expenses from 729
line items designated by the general assembly; 730
(5) Retain its fiduciary responsibility as appointing 732
authority. Any transaction instructions shall be certified by 733
the appointing authority or its designee. 734
(6) Establish the overall policy and management of the 736
council in accordance with this chapter; 737
(7) Assist in coordinating and preparing the state 739
application for funds under sections 101 to 184 of the "National 740
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 741
U.S.C.A. 12411 to 12544, and amendments thereto, assist in 742
administering and overseeing the "National and Community Service 743
Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the 744
americorps program in this state, and assist in developing 745
objectives for a comprehensive strategy to encourage and expand 746
community service programs throughout the state;
(8) Assist the state board of education, school districts, 748
the board of regents, and institutions of higher education in 749
coordinating community service education programs through 750
cooperative efforts between institutions and organizations in the 751
public and private sectors; 752
(9) Assist the departments of natural resources, youth 754
services, aging, and human services in coordinating community 755
service programs through cooperative efforts between institutions 756
and organizations in the public and private sectors; 757
(10) Suggest individuals and organizations that are 759
available to assist school districts, institutions of higher 760
education, and the departments of natural resources, youth 761
services, aging, and human services in the establishment of 762
17
community service programs and assist in investigating sources of 763
funding for implementing such programs; 764
(11) Assist in evaluating the state's efforts in providing 766
community service programs using standards and methods that are 767
consistent with any statewide objectives for such programs and 768
provide information to the state board of education, school 769
districts, the board of regents, institutions of higher 770
education, and the departments of natural resources, youth 771
services, aging, and human services to guide them in making 772
decisions about these programs; 773
(12) Assist the state board of education in complying with 775
section 3301.70 of the Revised Code and the board of regents in 776
complying with division (B)(2) of section 3333.043 of the Revised 777
Code. 778
(D) The department of aging shall serve as the council's 780
fiscal agent. Beginning on July 1, 1997, whenever reference is 781
made in any law, contract, or document to the functions of the 782
department of youth services as fiscal agent to the council, the 783
reference shall be deemed to refer to the department of aging. 784
The department of aging shall have no responsibilty for or
obligation to the council prior to July 1, 1997. Any validation, 785
cure, right, privilege, remedy, obligation, or liability shall be 786
retained by the council.
As used in this section, "fiscal agent" means technical 788
support and includes the following technical support services: 789
(1) Preparing and processing payroll and other personnel 791
documents that the council executes as the appointing authority. 792
The department of aging shall not approve any payroll or other 793
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account 795
balances, and monitoring budgets and allotment plans in 796
consultation with the council. The department shall not approve 797
any biennial budget, grant, expenditure, audit, or fiscal-related 798
document.
18
(3) Performing other routine support services that the 800
director of aging or the director's designee and the council or 801
its designee consider appropriate to achieve efficiency. 802
(E) The council or its designee has the following 804
authority and responsibility relative to fiscal matters: 805
(1) Sole authority to draw funds for any and all federal 807
programs in which the council is authorized to participate; 808
(2) Sole authority to expend funds from their accounts for 810
programs and any other necessary expenses the council may incur 811
and its subgrantees may incur;
(3) Responsibility to cooperate with and inform the 813
department of aging as fiscal agent to ensure that the department 814
is fully apprised of all financial transactions. 815
The council shall follow all state procurement 817
requirements.
The department of aging shall determine fees to be charged 819
to the council, which shall be in proportion to the services 820
performed for the council.
The council shall pay fees owed to the department of aging 822
from a general revenue fund of the council or from any other fund 823
from which the operating expenses of the council are paid. Any 824
amounts set aside for a fiscal year for the payment of such fees 825
shall be used only for the services performed for the council by 826
the department of aging in that fiscal year.
Sec. 123.151. (A) As used in this section, "minority 836
business enterprise" has the meaning given in division (E)(1) of 837
section 122.71 of the Revised Code. 838
(B)(1) The director of administrative services shall make 840
rules in accordance with Chapter 119. of the Revised Code 841
establishing procedures by which minority businesses may apply to 842
the equal employment opportunity coordinator for certification as 843
minority business enterprises. 844
(2) Any minority business enterprise that desires to bid 846
on a contract under division (C)(1) or (D)(1) of this section or 847
19
to be a minority business subcontractor or materialman MATERIALS 849
SUPPLIER under division (C)(2) or (D)(2) of this section shall 850
first apply to the coordinator for certification. The 851
coordinator shall approve the application of any minority 852
business enterprise that complies with the rules adopted under 853
this division. Any person adversely affected by an order of the 854
coordinator denying certification as a minority business 855
enterprise may appeal as provided in Chapter 119. of the Revised 856
Code. The coordinator shall prepare and maintain a list of 857
certified minority business enterprises.
(C)(1) From the contracts to be awarded under section 859
123.15 and Chapter 153. of the Revised Code, the director shall 860
select a number of contracts with an aggregate value of 861
approximately five per cent of the total estimated value of 862
contracts to be awarded in the current fiscal year. The director 863
shall set aside the contracts so selected for bidding by minority 864
business enterprises only. The bidding procedures for such 865
contracts shall be the same as for all other contracts awarded 866
under section 123.15 and Chapter 153. of the Revised Code except 867
that only minority business enterprises certified and listed 868
under division (B) of this section shall be qualified to submit 869
bids. 870
(2)(a) Any contractor awarded a contract authorized by 872
section 123.15 and Chapter 153. of the Revised Code or a contract 873
included under division (D) of this section shall make every 874
effort to ensure that certified minority business subcontractors 875
and materialmen MATERIALS SUPPLIERS participate in the contract. 876
In the case of contracts specified in division (A) of section 879
153.50 of the Revised Code, the total value of subcontracts 881
awarded to and materials and services purchased from minority 882
businesses shall be at least ten per cent of the total value of 883
the contract, wherever possible and whenever the contractor 884
awards subcontracts or purchases materials or services. In the 885
case of all other contracts, the total value of subcontracts 886
20
awarded to certified minority businesses shall equal at least 887
five per cent of the total value of the contract. The total 888
value of both the subcontracts awarded to and the purchases of 889
materials made from such businesses shall equal at least ten per 890
cent of the total value of the contract, wherever possible and 891
whenever the contractor awards subcontracts or purchases 892
materials or services. 893
(b) Except as provided in divisions (C)(3) and (4) of this 895
section, the department of administrative services shall not 896
enter into any contract authorized under section 123.15 and 897
Chapter 153. of the Revised Code, including any contract set 898
aside under division (C)(1) of this section, unless the contract 899
contains a provision stipulating that the contractor, to the 900
extent that it subcontracts work, will award subcontracts 901
totaling no less than five per cent of the total value of the 902
contract to minority businesses certified under division (B) of 903
this section and that the total value of both the materials 904
purchased from minority businesses certified under division (B) 905
of this section and of the subcontracts awarded, to the extent 906
that it subcontracts work, to such minority businesses will equal 907
at least seven per cent of the total value of the contract; 908
except that in the case of contracts specified in division (A) of 909
section 153.50 of the Revised Code, the contractor shall 913
stipulate that the total value of both the subcontracts awarded 914
to and the materials and services purchased from minority
businesses certified under division (B) of this section will 915
equal at least seven per cent of the total value of the contract; 916
but for the purposes of meeting the seven per cent requirement, 917
the value of services shall not be more than five per cent of the 918
total value of the contract. To the extent that the contractor 919
subcontracts work less than the percentages required to be 920
subcontracted to minority business enterprises as established in 921
this section, the total value of the subcontracts awarded to 922
minority business enterprises certified under division (B) of 923
21
this section need not exceed the actual amount of such 924
subcontracts awarded. 925
(3) Where a contractor is unable to agree to the provision 927
required by division (C)(2) of this section because, having made 928
a good faith effort, the contractor is unable to locate qualified 930
minority businesses available to accept subcontracts or sell 931
materials or services, the contractor may apply to the 932
coordinator and the set aside review board created under division 934
(C)(4) of this section for a waiver or modification of the 935
provision. The coordinator shall review the application and 936
shall make a recommendation to the board to allow or disallow the 937
request. After receipt of the coordinator's recommendation, the 938
board shall review the request. If the board finds that the 939
contractor has made a good faith effort to locate and reach 940
agreement with minority business subcontractors and materialmen 941
MATERIALS SUPPLIERS or service providers but has been unable to 943
do so due to circumstances beyond the reasonable control of the 944
contractor, it may authorize the contract to include, in lieu of 945
the provision required by division (C)(2) of this section, a 946
provision stipulating a lesser percentage of the total value of 947
the contract to be designated for minority business 948
subcontractors and materialmen MATERIALS SUPPLIERS or it may 950
waive such provision entirely, or stipulate a higher percentage 951
of services permissible in contracts specified in division (A) of 953
section 153.50 of the Revised Code. If the board does not grant 955
the contractor's application for waiver or modification, and if 956
the contractor is unable to agree with the provision required by 957
division (C)(2) of this section, the contractor's bid shall be 958
deemed nonresponsive to the specifications for which the bid was 959
submitted. Such nonresponsiveness shall not be a basis for 960
forfeiture of a bid guaranty or bond required by law if the
contractor made application to the board for a waiver or 961
modification within ten days following notification of award of 962
the contract. 963
22
If a contractor requests a waiver or modification because 965
the contractor intends to contract with an enterprise that has 967
sought certification as a minority business enterprise in 968
accordance with division (B)(2) of this section, but the 969
coordinator has not rendered a decision certifying the 970
enterprise, the board may grant the modification or waiver 971
requested, insofar as it applies to that enterprise, if the 972
enterprise's application for certification was filed with the 973
coordinator at least sixty days prior to the contractor's request 974
for waiver or modification and the contractor gives assurances 975
satisfactory to the board that the contractor will award a 976
contract to the enterprise seeking certification. 977
(4) There is hereby created in the department of 979
administrative services the set aside review board, consisting of 980
the director of administrative services or the director's 981
designee, one member of the house of representatives appointed by 983
the governor with the recommendation of the speaker of the house 984
of representatives, and one member of the senate appointed by the 985
governor with the recommendation of the president of the senate. 986
Legislative members of the board shall serve four-year terms. Any 988
legislative vacancy on the board shall be filled in the same
manner as the original appointment. Members of the board shall 989
not receive compensation but shall be reimbursed for all 990
necessary expenses incurred in the course of their official 991
duties. 992
The board shall hear all applications of contractors for 994
waiver or modification of the contract provision required by 995
division (C)(2) of this section and shall make a decision on each 996
such application within thirty days of its receipt by the board. 997
(5) The director shall adopt rules in accordance with 999
Chapter 119. of the Revised Code requiring the following notice 1,000
to be included in boldface type and capital letters in all bid 1,001
notifications and specifications for any contract authorized 1,002
under section 123.15 and Chapter 153. of the Revised Code and in 1,003
23
any contract covered by division (D) of this section: "Minority 1,004
business set-aside requirements as specified in section 123.151 1,005
of the Revised Code apply to this project. Copies of section 1,006
123.151 of the Revised Code can be obtained from any of the 1,007
offices of the department of administrative services." The rules 1,008
shall specify the number of days after the date on which bids are 1,009
opened by which the successful bidder shall notify the 1,010
contracting agency concerning the provisions the bidder has made 1,012
or reasonably can be expected to make for meeting the provisions 1,013
of division (C)(2) of this section. 1,014
(D)(1) To the extent that any state agency, other than the 1,016
department of administrative services, and any port authority is 1,017
authorized to enter into contracts for construction, the agency 1,018
shall set aside a number of contracts the aggregate value of 1,019
which equals approximately five per cent of the aggregate value 1,020
of construction contracts for the current fiscal year for bidding 1,021
by minority business enterprises only. The bidding procedures 1,022
for the contracts set aside for minority business enterprises 1,023
shall be the same as for all other contracts awarded by the 1,024
agency or port authority, except that only minority business 1,025
enterprises certified and listed under division (B) of this 1,026
section shall be qualified to submit bids. 1,027
(2) All contracts for construction entered into by any 1,029
state agency, other than the department of administrative 1,030
services, and any port authority including contracts set aside 1,031
under division (D)(1) of this section, shall contain the same 1,032
provision required by division (C)(2) of this section, subject to 1,033
modification or waiver by the set aside review board in the 1,034
manner specified by divisions (C)(3) and (4) of this section. The 1,036
rules of the director adopted under division (C)(5) of this
section shall be applicable to contracts under this division. 1,037
(E) In the case of contracts set aside under division 1,039
(C)(1) or (D)(1) of this section, if no bid is submitted by a 1,040
minority business enterprise, the contract shall be awarded 1,041
24
according to normal bidding procedures. The contracting agency 1,042
or port authority shall from time to time set aside such 1,043
additional contracts for bidding only by minority business 1,044
enterprises as are necessary to replace those contracts 1,045
previously set aside on which no minority business enterprises 1,046
bid and to ensure that, in any fiscal year, the aggregate amount 1,047
of construction contracts awarded to minority business 1,048
enterprises will equal approximately five per cent of the total 1,049
amount of construction contracts awarded by the agency or port 1,050
authority. 1,051
(F) This section does not preclude any minority business 1,053
enterprise from bidding on any other contract not specifically 1,054
set aside for minority business enterprises. 1,055
(G) No funds of any state agency or port authority shall 1,057
be expended in any fiscal year for construction until the 1,058
director of administrative services certifies or the chairperson 1,060
of the port authority, whichever is appropriate, CERTIFIES to the 1,061
equal employment opportunity coordinator, the clerk of the 1,063
senate, and the legislative clerk of the house of representatives 1,064
that approximately five per cent of the aggregate amount of the 1,065
projected expenditure for construction in the fiscal year has 1,066
been set aside as provided for in this section. 1,067
(H) The department of administrative services, every other 1,069
state agency authorized to enter into contracts for construction 1,070
or contracts for purchases of equipment, materials, supplies, 1,071
contracts of insurance, or services, and every port authority 1,072
shall file a report every ninety days with the equal employment 1,073
opportunity coordinator. The report shall be filed at a time and 1,074
in a form prescribed by the coordinator. The report shall 1,075
include the name of each minority business enterprise that the 1,076
agency or port authority entered into a contract with during the 1,077
preceding ninety-day period and the total value and type of each 1,078
such contract. No later than thirty days after the end of each 1,079
fiscal year, the coordinator shall notify in writing each state 1,080
25
agency and port authority that has not complied with the 1,081
reporting requirements of this division for the prior fiscal 1,082
year. A copy of this notification regarding a state agency shall 1,083
be submitted to the director of budget and management. No later 1,084
than thirty days after the notification, the agency or port 1,085
authority shall submit to the coordinator the information 1,086
necessary to comply with the reporting requirements of this 1,087
division. If, after the expiration of this thirty-day period, 1,088
the agency has not complied with the reporting requirements of 1,089
this division, the coordinator shall certify to the director of 1,090
budget and management that the agency has not complied with the 1,091
reporting requirements of this division. A copy of this 1,092
certification shall be submitted to the agency. Thereafter, no 1,093
funds of the state agency required to report by this division 1,094
shall be expended during the fiscal year for construction or 1,095
purchases of equipment, materials, supplies, contracts of 1,096
insurance, or services until the coordinator certifies to the 1,097
director of budget and management that the agency has complied 1,098
with the reporting requirements of this division for the prior 1,099
fiscal year. 1,100
If any port authority has not complied with the reporting 1,102
requirement after the expiration of the thirty-day period, the 1,103
coordinator shall certify to the speaker of the house of 1,104
representatives and the president of the senate that the port 1,105
authority has not complied with the reporting requirements of 1,106
this division. A copy of this certification shall be submitted 1,107
to the port authority. Upon receipt of the certification, the 1,108
speaker of the house of representatives and the president of the 1,109
senate shall take such action or make such recommendations to the 1,110
members of the general assembly as they consider necessary to 1,111
correct the situation. 1,112
(I) Any person who intentionally misrepresents himself or 1,114
herself SELF as owning, controlling, operating, or participating 1,116
in a minority business enterprise for the purpose of obtaining 1,117
26
contracts, subcontracts, or any other benefits under this section 1,118
shall be guilty of theft by deception as provided for in section 1,119
2913.02 of the Revised Code. 1,120
Sec. 124.18. (A) Forty hours shall be the standard work 1,130
week for all employees whose salary or wage is paid in whole or 1,131
in part by the state or by any state-supported college or 1,132
university. When any employee whose salary or wage is paid in 1,133
whole or in part by the state or by any state-supported college 1,134
or university is required by an authorized administrative 1,135
authority to be in an active pay status more than forty hours in 1,136
any calendar week, the employee shall be compensated for such 1,137
time over forty hours, except as otherwise provided in this 1,139
section, at one and one-half times the employee's regular rate of 1,140
pay. The use of sick leave shall not be considered to be active 1,141
pay status for the purposes of earning overtime or compensatory 1,142
time by employees whose wages are paid directly by warrant of the 1,143
auditor of state. A flexible-hours employee is not entitled to 1,144
compensation for overtime work unless the employee's authorized 1,145
administrative authority required the employee to be in active 1,147
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 1,149
in the same calendar week.
The authorized administrative authority shall be designated 1,151
by the appointing authority to the director of administrative 1,152
services. Such compensation for overtime work shall be paid no 1,153
later than at the conclusion of the next succeeding pay period. 1,154
If the employee elects to take compensatory time off in 1,156
lieu of overtime pay, for any overtime worked, such compensatory 1,157
time shall be granted by the employee's administrative superior, 1,159
on a time and one-half basis, at a time mutually convenient to 1,160
the employee and the administrative superior. An employee may 1,161
accrue compensatory time to a maximum of two hundred forty hours, 1,162
except that public safety employees and other employees who meet 1,163
the criteria established in the "Federal Fair Labor Standards Act 1,164
27
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 1,165
accrue a maximum of four hundred eighty hours of compensatory 1,166
time. An employee shall be paid at the employee's regular rate 1,168
of pay for any hours of compensatory time accrued in excess of 1,169
these maximum amounts if the employee has not used the 1,170
compensatory time within one hundred eighty days after it is 1,171
granted, if the employee transfers to another agency of the 1,172
state, or if a change in the employee's status exempts the 1,173
employee from the payment of overtime compensation. Upon the 1,175
termination of employment, any employee with accrued but unused 1,176
compensatory time shall be paid for that time at a rate that is 1,177
the greater of the employee's final regular rate of pay or the 1,178
employee's average regular rate of pay during the employee's last 1,179
three years of employment with the state. 1,180
No overtime, as described in this section, can be paid 1,182
unless it has been authorized by the authorized administrative 1,183
authority. Employees may be exempted from the payment of 1,184
compensation as required by this section only under the criteria 1,185
for exemption from the payment of overtime compensation 1,186
established in the "Federal Fair Labor Standards Act of 1938," 52 1,187
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 1,188
of the director of administrative services, the appointing 1,189
authority may establish a policy to grant compensatory time or to 1,190
pay compensation to state employees who are exempt from overtime 1,191
compensation. With the approval of the board of county 1,192
commissioners, a county human services department may establish a 1,193
policy to grant compensatory time or to pay compensation to 1,194
employees of the department who are exempt from overtime 1,195
compensation.
(B) An employee, whose salary or wage is paid in whole or 1,197
in part by the state, shall be paid for the holidays declared in 1,198
section 124.19 of the Revised Code and shall not be required to 1,199
work on such holidays, unless in the opinion of the employee's 1,200
responsible administrative authority failure to work on such 1,201
28
holidays would impair the public service. An employee shall not 1,202
be paid for a holiday unless the employee was in active pay 1,203
status on the scheduled work day immediately preceding the 1,205
holiday. In the event that any of the holidays declared in 1,206
section 124.19 of the Revised Code should fall on Saturday, the 1,207
Friday immediately preceding shall be observed as the holiday. 1,208
In the event that any of the holidays declared in section 124.19 1,209
of the Revised Code should fall on Sunday, the Monday immediately 1,210
succeeding shall be observed as the holiday. If an employee's 1,211
work schedule is other than Monday through Friday, the employee 1,212
shall be entitled to holiday pay for holidays observed on the 1,214
employee's day off regardless of the day of the week on which 1,216
they are observed. A full-time permanent employee is entitled to 1,217
eight hours of pay for each holiday regardless of the employee's 1,218
work shift and work schedule. A flexible-hours employee is 1,219
entitled to holiday pay for the number of hours for which the 1,220
employee normally would have been scheduled to work. Part-time 1,221
permanent employees shall be paid holiday pay for that portion of 1,222
any holiday for which they would normally have been scheduled to 1,223
work. When an employee who is eligible for overtime pay under 1,224
this section is required by the employee's responsible 1,225
administrative authority to work on the day observed as a 1,227
holiday, the employee shall be entitled to pay for such time 1,229
worked at one and one-half times the employee's regular rate of 1,230
pay in addition to the employee's regular pay, or to be granted 1,232
compensatory time off at time and one-half thereafter, at the 1,233
employee's option. Payment at such rate shall be excluded in the 1,234
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 1,236
employees in an agency who are flexible-hours employees. The 1,237
appointing authority may establish for each flexible-hours 1,238
employee a specified minimum number of hours to be worked each 1,239
day that is consistent with the "Federal Fair Labor Standards Act 1,240
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 1,241
29
(D) This section shall be uniformly administered for 1,243
employees as defined in section 124.01 of the Revised Code and by 1,244
the personnel departments of state-supported colleges and 1,245
universities for employees of state-supported colleges and 1,246
universities. If employees are not paid directly by warrant of 1,247
the auditor of state, the political subdivision shall determine 1,249
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 1,250
compensatory time. 1,251
(E) Policies relating to the payment of overtime pay or 1,253
the granting of compensatory time off shall be adopted by the 1,254
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,256
representatives for employees of the house of representatives, by 1,257
the clerk of the senate for employees of the senate, and by the 1,258
director of the legislative service commission for all other 1,259
legislative employees.
(F) As used in this section, "regular rate of pay" means 1,261
the base rate of pay an employee receives plus any pay 1,262
supplements received pursuant to section 124.181 of the Revised 1,263
Code.
Sec. 125.081. (A) From the purchases that the department 1,272
of administrative services is required by law to make through 1,273
competitive selection, the director OF ADMINISTRATIVE SERVICES 1,274
shall select a number of such purchases, the aggregate value of 1,276
which equals approximately fifteen per cent of the estimated 1,277
total value of all such purchases to be made in the current 1,278
fiscal year. The director shall set aside the purchases selected 1,279
for competition only by minority business enterprises, as defined 1,280
in division (E)(1) of section 122.71 of the Revised Code. The 1,281
competitive selection procedures for such purchases set aside 1,282
shall be the same as for all other purchases the department is 1,283
required to make through competitive selection, except that only 1,284
minority business enterprises certified by the equal employment 1,285
opportunity coordinator of the department of administrative 1,286
30
services in accordance with the rules adopted under division 1,287
(B)(1) of section 123.151 of the Revised Code and listed by the 1,288
director under division (B) of section 125.08 of the Revised Code 1,289
shall be qualified to compete. 1,290
(B) To the extent that any agency of the state, other than 1,292
the department of administrative services, the legislative and 1,293
judicial branches, boards of elections, and the adjutant general, 1,294
is authorized to make purchases, the agency shall set aside a 1,295
number of purchases, the aggregate value of which equals 1,296
approximately fifteen per cent of the aggregate value of such 1,297
purchases for the current fiscal year for competition by minority 1,298
business enterprises only. The procedures for such purchases 1,299
shall be the same as for all other such purchases made by the 1,300
agency, except that only minority business enterprises certified 1,301
by the equal employment opportunity coordinator in accordance 1,302
with rules adopted under division (B)(1) of section 123.151 of 1,303
the Revised Code shall be qualified to compete. 1,304
(C) In the case of purchases set aside under division (A) 1,306
or (B) of this section, if no bid is submitted by a minority 1,307
business enterprise, the purchase shall be made according to 1,308
usual procedures. The contracting agency shall from time to time 1,309
set aside such additional purchases for which only minority 1,310
business enterprises may compete, as are necessary to replace 1,311
those purchases previously set aside for which no minority 1,312
business enterprises bid and to ensure that, in any fiscal year, 1,313
the aggregate amount of contracts awarded to minority business 1,314
enterprises will equal approximately fifteen per cent of the 1,315
total amount of contracts awarded by the agency. 1,316
(D) The provisions of this section shall not preclude any 1,318
minority business enterprise from competing for any other state 1,319
purchases that are not specifically set aside for minority 1,320
business enterprises. 1,321
(E) No funds of any state agency shall be expended in any 1,323
fiscal year for any purchase for which competitive selection is 1,324
31
required, until the director of the department of administrative 1,325
services certifies to the equal employment opportunity 1,326
coordinator, the clerk of the senate, and the legislative clerk 1,327
of the house of representatives of the general assembly that 1,328
approximately fifteen per cent of the aggregate amount of the 1,329
projected expenditure for such purchases in the fiscal year has 1,330
been set aside as provided for in this section. 1,331
(F) Any person who intentionally misrepresents himself 1,333
SELF as owning, controlling, operating, or participating in a 1,334
minority business enterprise for the purpose of obtaining 1,335
contracts, subcontracts, or any other benefits under this section 1,336
shall be guilty of theft by deception as provided for in section 1,337
2913.02 of the Revised Code. 1,338
Sec. 125.31. (A) The department of administrative 1,347
services shall have supervision of all public printing except as 1,348
follows: 1,349
(1) Printing for the general assembly shall be under the 1,351
supervision SOLE RESPONSIBILITY of the clerk of the senate and 1,353
the executive secretary CLERK of the house of representatives 1,354
UNLESS THE CLERK OF THE SENATE OR THE CLERK OF THE HOUSE OF 1,355
REPRESENTATIVES CHOOSES EITHER OF THE OPTIONS SPECIFIED IN
SECTION 101.523 OR 101.524 OF THE REVISED CODE. 1,356
(2) Printing for the Ohio arts council shall be under the 1,359
supervision of the council.
(3) Printing for the capitol square review and advisory 1,362
board shall be under the supervision of the board.
(4) Printing for the bureau of workers' compensation shall 1,365
be under the supervision of the administrator of workers'
compensation unless the administrator requests the department to 1,366
supervise printing for the bureau. 1,367
(5) Printing for state-supported institutions of higher 1,369
education shall be under the supervision of the department of 1,370
purchasing of each such institution or the department or officer 1,371
within each institution that performs the functions of a 1,372
32
department of purchasing. 1,373
(B) The department of administrative services shall 1,375
determine, except as otherwise specifically provided by law, the 1,377
number of copies to be printed of each publication or document, 1,378
the source of reproduction, the manner of binding, quality of 1,379
paper, the general kind, size, and spacing of type to be used in 1,380
all reports, publications, bulletins, documents, or pamphlets 1,381
printed at public expense.
The department shall not use its authority to curtail the 1,384
release of public information by any elected state official. 1,385
(C) For the purposes of sections 125.31 to 125.76 of the 1,387
Revised Code, all functions, powers, and duties assigned to the 1,388
department of administrative services are considered to be 1,389
assigned to the division of state printing within the department 1,390
of administrative services. 1,391
Sec. 125.42. (A) No officer, board, or commission, except 1,400
the clerk of the senate and the executive secretary CLERK of the 1,401
house of representatives as to first and second class printing, 1,403
shall print or cause to be printed at the public expense, any 1,404
report, bulletin, document, or pamphlet, unless such report,
bulletin, document, or pamphlet is first submitted to, and the 1,405
printing thereof approved by, the department of administrative 1,406
services. If such department approves the printing, it shall 1,407
determine the form of such printing and the number of copies. 1,408
If such approval is given, the department shall cause the 1,410
same to be printed and bound as provided by sections 125.47 to 1,411
125.56 of the Revised Code, except as otherwise provided by 1,412
section 125.45 of the Revised Code; and when printed, such 1,413
publications or forms shall be delivered to the ordering officer,
board, commission, or department, or sold at a price not to 1,414
exceed the total cost.
(B) The department of administrative services annually 1,416
shall set a maximum cost per page and a maximum total cost for 1,417
the printing by any board, commission, council, or other public 1,418
33
body of the state of any annual report or any other report that 1,419
it is required by law to produce. No board, commission, council, 1,420
or other public body of the state shall expend or incur the 1,421
expenditure of any amount in excess of these maximum amounts
without the prior approval of the department. This division does 1,422
not apply to the general assembly or any court. 1,423
Sec. 125.47. The printing for the state shall be divided 1,432
into four classes and, EXCEPT AS OTHERWISE PROVIDED IN THIS 1,433
SECTION, each class shall be let in separate contracts as 1,434
follows:
(A) First Class. Bills for the two houses of the general 1,436
assembly, resolutions and other matters ordered by either of them 1,437
to be printed in bill form, general and local laws, joint 1,438
resolutions;
(B) Second Class. The journals and bulletins of the 1,440
senate and house of representatives, and reports, communications, 1,441
and other documents which form part of the journals; 1,442
(C) Third class. Reports, communications, and other 1,444
documents ordered by the general assembly, or either house 1,445
thereof, or by the executive department or elective state 1,446
officers to be printed in pamphlet form or required to be bound, 1,447
not including the laws, joint resolutions, and journals of the
senate and house of representatives; 1,448
(D) Fourth class. Blanks, circulars, and other work for 1,450
the use of the executive departments, and elective state 1,451
officers, not including those to be printed in pamphlet form or 1,452
required to be bound.
The printing for the third and fourth classes may be let in 1,454
one or more contracts, as the director of administrative services 1,455
requires.
THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY LET A CONTRACT 1,457
FOR PRINTING OF THE FIRST OR SECOND CLASS, OR FOR PRINTING OF THE 1,458
THIRD CLASS INSOFAR AS IT INVOLVES REPORTS, COMMUNICATIONS, OR 1,459
OTHER DOCUMENTS ORDERED BY THE GENERAL ASSEMBLY OR EITHER HOUSE 1,460
34
THEREOF, ONLY IF, AND THEN ONLY TO THE EXTENT THAT, EITHER (1) 1,461
THE DIRECTOR AND THE CLERK OF THE SENATE OR THE CLERK OF THE
HOUSE OF REPRESENTATIVES HAVE AGREED UPON TERMS FOR THE CLERK'S 1,462
PARTICIPATION IN THE PUBLIC PRINTING SERVICES PROVIDED BY THE 1,463
DEPARTMENT OF ADMINISTRATIVE SERVICES OR (2) THE CLERK OF THE 1,464
SENATE OR CLERK OF THE HOUSE OF REPRESENTATIVES HAS REQUESTED THE 1,465
DIRECTOR OF ADMINISTRATIVE SERVICES TO LET A CONTRACT FOR 1,466
PRINTING.
Sec. 125.48. Biennially, between the first day of June and 1,478
the first day of August, the department of administrative 1,479
services shall give notice pursuant to sections 125.07 and 125.08 1,480
of the Revised Code that sealed proposals will be received at its 1,481
office for executing the several classes of public printing, 1,482
including the necessary binding, for the term of two years from 1,483
the first Monday of October next ensuing for classes one and two 1,484
printing, and terms not to exceed two years for classes three and 1,485
four.
bureau employment services 1,487
Sec. 125.58. The department of administrative services 1,496
shall promptly notify each successful bidder of the acceptance of 1,497
his THE BIDDER'S proposal for state printing. If such bidder 1,498
fails to execute his THE contract because of death or other 1,499
cause, or if he THE BIDDER fails to execute the work required by 1,500
his THE contract in a proper manner and with reasonable 1,502
promptness, or his THE contract is abandoned, or its execution is 1,504
temporarily suspended, the department may enter into a contract
with another person for the prompt execution of the work for the 1,505
lowest price which may be obtained. Before any work is relet in 1,506
consequence of the misconduct or default of the contractor, the 1,507
department shall give him THE CONTRACTOR written notice thereof. 1,508
The department of administrative services or the clerk of the 1,509
senate or the executive secretary of the house of representatives 1,510
may set a daily penalty charge for late orders, provided the 1,511
penalty schedule and amount are stated in the invitation to bid
35
for said THE printing. 1,512
Sec. 125.76. All printing and binding for the state, not 1,521
authorized by sections 125.43 to 125.71 or section 3345.10 of the 1,522
Revised Code, except FOR maps AND PRINTING THAT IS THE SOLE 1,524
RESPONSIBILITY OF THE CLERK OF THE SENATE OR THE CLERK OF THE 1,525
HOUSE OF REPRESENTATIVES, shall be subject to such sections so 1,526
far as practical, and whether provided for by law or resolution 1,527
of the general assembly the department of administrative services 1,528
shall advertise for proposals and let contracts therefor as 1,529
provided in such sections.
Sec. 127.16. (A) Upon the request of either a state 1,538
agency or the director of budget and management and after the 1,539
controlling board determines that an emergency or a sufficient 1,540
economic reason exists, the controlling board may approve the 1,541
making of a purchase without competitive selection as provided in 1,542
division (B) of this section. 1,543
(B) Except as otherwise provided in this section, no state 1,545
agency, using money that has been appropriated to it directly, 1,546
shall: 1,547
(1) Make any purchase from a particular supplier, that 1,549
would amount to fifty thousand dollars or more when combined with 1,550
both the amount of all disbursements to the supplier during the 1,551
fiscal year for purchases made by the agency and the amount of 1,552
all outstanding encumbrances for purchases made by the agency 1,553
from the supplier, unless the purchase is made by competitive 1,554
selection or with the approval of the controlling board; 1,555
(2) Lease real estate from a particular supplier, if the 1,557
lease would amount to seventy-five thousand dollars or more when 1,558
combined with both the amount of all disbursements to the 1,559
supplier during the fiscal year for real estate leases made by 1,560
the agency and the amount of all outstanding encumbrances for 1,561
real estate leases made by the agency from the supplier, unless 1,562
the lease is made by competitive selection or with the approval 1,563
of the controlling board. 1,564
36
(C) Any person who authorizes a purchase in violation of 1,566
division (B) of this section shall be liable to the state for any 1,567
state funds spent on the purchase, and the attorney general shall 1,568
collect the amount from the person. 1,569
(D) Nothing in division (B) of this section shall be 1,571
construed as: 1,572
(1) A limitation upon the authority of the director of 1,574
transportation as granted in sections 5501.17, 5517.02, and 1,575
5525.14 of the Revised Code; 1,576
(2) Applying to medicaid provider agreements under Chapter 1,578
5111. of the Revised Code or payments or provider agreements 1,581
under disability assistance medical assistance established under 1,582
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 1,584
supplier by a state licensing board under Title XLVII of the 1,585
Revised Code; 1,586
(4) Applying to entertainment contracts for the Ohio state 1,588
fair entered into by the Ohio expositions commission, provided 1,589
that the controlling board has given its approval to the 1,590
commission to enter into such contracts and has approved a total 1,591
budget amount for such contracts as agreed upon by commission 1,592
action, and that the commission causes to be kept itemized 1,593
records of the amounts of money spent under each contract and 1,594
annually files those records with the legislative clerk of the 1,595
house of representatives and the clerk of the senate following 1,596
the close of the fair; 1,597
(5) Limiting the authority of the chief of the division of 1,599
mines and reclamation to contract for reclamation work with an 1,600
operator mining adjacent land as provided in section 1513.27 of 1,601
the Revised Code; 1,602
(6) Applying to investment transactions and procedures of 1,604
any state agency, except that the agency shall file with the 1,605
board the name of any person with whom the agency contracts to 1,606
make, broker, service, or otherwise manage its investments, as 1,607
37
well as the commission, rate, or schedule of charges of such 1,608
person with respect to any investment transactions to be 1,609
undertaken on behalf of the agency. The filing shall be in a 1,610
form and at such times as the board considers appropriate. 1,611
(7) Applying to purchases made with money for the per cent 1,613
for arts program established by section 3379.10 of the Revised 1,614
Code; 1,615
(8) Applying to purchases made by the rehabilitation 1,617
services commission of services, or supplies, that are provided 1,618
to persons with disabilities, or to purchases made by the 1,619
commission in connection with the eligibility determinations it 1,620
makes for applicants of programs administered by the social 1,621
security administration; 1,622
(9) Applying to payments by the department of human 1,624
services under section 5111.13 of the Revised Code for group 1,625
health plan premiums, deductibles, coinsurance, and other 1,626
cost-sharing expenses; 1,627
(10) Applying to any agency of the legislative branch of 1,629
the state government; 1,630
(11) Applying to agreements entered into under section 1,632
5101.11, 5101.21, or 5101.211 of the Revised Code; 1,633
(12) Applying to purchases of services by the adult parole 1,635
authority under section 2967.14 of the Revised Code or by the 1,636
department of youth services under section 5139.08 of the Revised 1,637
Code; 1,638
(13) Applying to dues or fees paid for membership in an 1,640
organization or association; 1,641
(14) Applying to purchases of utility services pursuant to 1,643
section 9.30 of the Revised Code; 1,644
(15) Applying to purchases made in accordance with rules 1,646
adopted by the department of administrative services of motor 1,647
vehicle, aviation, or watercraft fuel, or emergency repairs of 1,648
such vehicles; 1,649
(16) Applying to purchases of tickets for passenger air 1,651
38
transportation; 1,652
(17) Applying to purchases necessary to provide public 1,654
notifications required by law or to provide notifications of job 1,655
openings; 1,656
(18) Applying to the judicial branch of state government; 1,658
(19) Applying to purchases of liquor for resale by the 1,660
department or, on and after July 1, 1997, the division of liquor 1,661
control;
(20) Applying to purchases of motor courier and freight 1,663
services made in accordance with department of administrative 1,664
services rules; 1,665
(21) Applying to purchases from the United States postal 1,667
service and purchases of stamps and postal meter replenishment 1,668
from vendors at rates established by the United States postal 1,669
service; 1,670
(22) Applying to purchases of books, periodicals, 1,672
pamphlets, newspapers, maintenance subscriptions, and other 1,673
published materials; 1,674
(23) Applying to purchases from other state agencies, 1,676
including state-assisted institutions of higher education; 1,677
(24) Limiting the authority of the director of 1,679
environmental protection to enter into contracts under division 1,680
(D) of section 3745.14 of the Revised Code to conduct compliance 1,681
reviews, as defined in division (A) of that section; 1,682
(25) Applying to purchases from a qualified nonprofit 1,684
agency pursuant to sections 4115.31 to 4115.35 of the Revised 1,685
Code; 1,686
(26) Applying to payments by the department of human 1,688
services to the United States department of health and human 1,689
services for printing and mailing notices pertaining to the tax 1,690
refund offset program of the internal revenue service of the 1,691
United States department of the treasury; 1,692
(27) Applying to contracts entered into by the department 1,694
of mental retardation and developmental disabilities under 1,695
39
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 1,696
(28) Applying to payments made by the department of mental 1,698
health under a physician recruitment program authorized by 1,699
section 5119.101 of the Revised Code; 1,700
(29) Applying to contracts entered into with persons by 1,702
the director of commerce for unclaimed funds collection and 1,703
remittance efforts as provided in division (F) of section 169.03 1,705
of the Revised Code. The director shall keep an itemized 1,708
accounting of unclaimed funds collected by those persons and 1,709
amounts paid to them for their services.
(E) Notwithstanding division (B)(1) of this section, the 1,711
cumulative purchase threshold shall be seventy-five thousand 1,712
dollars for the departments of mental retardation and 1,713
developmental disabilities, mental health, rehabilitation and 1,714
correction, and youth services. 1,715
(F) When determining whether a state agency has reached 1,717
the cumulative purchase thresholds established in divisions 1,718
(B)(1), (B)(2), and (E) of this section, all of the following 1,719
purchases by such agency shall not be considered: 1,720
(1) Purchases made through competitive selection or with 1,722
controlling board approval; 1,723
(2) Purchases listed in division (D) of this section; 1,725
(3) For the purposes of the thresholds of divisions (B)(1) 1,727
and (E) of this section only, leases of real estate. 1,728
(G) As used in this section, "competitive selection," 1,730
"purchase," "supplies," and "services" have the same meanings as 1,731
in section 125.01 of the Revised Code. 1,732
Sec. 129.52. An amount of money in the improvements bond 1,741
retirement fund created by Section 2f of Article VIII, Ohio 1,742
Constitution, sufficient to pay all interest, principal, and 1,743
charges for the issuance and retirement of bonds or other 1,744
obligations issued pursuant to Section 2f of Article VIII, Ohio 1,745
Constitution, and section 129.50 of the Revised Code, due and 1,746
payable during that calendar year, is hereby pledged and 1,747
40
appropriated for that purpose. 1,748
Whenever on the first day of any calendar quarter or if on 1,750
receipt of the proceeds of the sale of bonds or other obligations 1,751
to be used to retire outstanding bonds or other obligations, 1,752
there are sufficient moneys to the credit of the improvements 1,753
bond retirement fund created by Section 2f of Article VIII, Ohio 1,754
Constitution, to meet in full all requirements of interest, 1,755
principal, and charges for the issuance and retirement of bonds 1,756
or other obligations issued pursuant to Section 2f of Article 1,757
VIII, Ohio Constitution, and section 129.50 of the Revised Code, 1,758
due and payable during the then current calendar year and to 1,759
provide the necessary accruals during such year for such 1,760
requirements for the next succeeding calendar year, the 1,761
commissioners of the sinking fund shall make a certification of 1,762
such fact to the clerk of the senate, the executive secretary 1,763
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,765
the treasurer of state, together with the amount of moneys in 1,766
such bond retirement fund in excess of such requirements and 1,767
accruals thereon to be paid from that fund. The treasurer of 1,768
state shall transfer and expend moneys in excess of the amount so 1,769
required to be retained in the improvements bond retirement fund 1,770
created by Section 2f of Article VIII, Ohio Constitution, at such 1,771
times and as may be provided by law. 1,772
Sec. 129.56. Upon the payment in full of all interest, 1,781
principal, and charges for the issuance and retirement of all 1,782
bonds and other obligations issued pursuant to Section 2f of 1,783
Article VIII, Ohio Constitution, and section 129.50 of the 1,785
Revised Code, the commissioners of the sinking fund shall make a
certification of such fact to the clerk of the senate, the 1,786
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 1,788
representatives, and the treasurer of state.
Sec. 129.64. Upon the payment in full of all interest, 1,797
principal, and charges for the issuance and retirement of all 1,798
bonds and notes issued pursuant to Section 2h of Article VIII, 1,799
41
Ohio Constitution, and section 129.60 of the Revised Code, the 1,800
commissioners of the sinking fund shall make a certification of 1,801
such fact to the clerk of the senate, the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house of representatives, and 1,803
the treasurer of state.
Sec. 149.07. One bound copy of each of the FINAL journals 1,812
and appendixes, and fifty copies of maps of Ohio showing 1,814
congressional, senatorial, and judicial districts of the state 1,815
shall be sent to each member of the general assembly.
Sec. 149.09. The secretary of state shall distribute the 1,824
pamphlet laws printed in accordance with section 101.52 of the 1,825
Revised Code in the following manner: one copy of each pamphlet 1,826
law shall be forwarded to each county law library, one copy of 1,827
each pamphlet law shall be forwarded to each county auditor, and 1,829
one hundred copies of each pamphlet law shall be forwarded to the
state library board, which shall forward to each library that 1,830
receives publications under section 149.12 of the Revised Code 1,831
one copy of each pamphlet law received. Any remaining copies of 1,832
each pamphlet law received by the secretary of state shall be 1,833
distributed by the secretary of state on the request of 1,834
interested persons.
Sec. 149.091. The secretary of state shall publish and 1,843
distribute a maximum of nine hundred copies of the session laws 1,844
in permanently bound form, either annually or biennially. The 1,845
permanently bound volumes shall contain copies of all enrolled 1,846
acts and joint resolutions, and shall contain a subject index and 1,847
a table indicating Revised Code sections affected. The secretary 1,848
of state shall cause to be printed in each volume his THE 1,849
SECRETARY OF STATE'S certificate that the laws, as assembled 1,851
therein, are true copies of the original enrolled bills in his 1,852
THE SECRETARY OF STATE'S office.
The secretary of state shall distribute the permanently 1,854
bound volumes of the session laws in the following manner: 1,855
(A) One hundred nine copies shall be forwarded to the 1,857
42
legislative clerk of the house of representatives. 1,858
(B) Forty-three copies shall be forwarded to the clerk of 1,860
the senate. 1,861
(C) One copy shall be forwarded to each county auditor. 1,863
(D) One copy shall be forwarded to each county law 1,865
library. 1,866
(E) Seventy-five copies shall be forwarded to the Ohio 1,868
supreme court. 1,869
(F) Two copies shall be forwarded to the division of the 1,871
library of congress. 1,872
(G) Two copies shall be forwarded to the state library. 1,874
(H) Two copies shall be forwarded to the Ohio historical 1,876
society. 1,877
(I) Thirteen copies shall be forwarded to the legislative 1,879
service commission. 1,880
(J) Two hundred copies may be distributed, free of charge, 1,882
to public officials. 1,883
(K) Remaining copies may be sold by the secretary of state 1,885
at a price to be determined by the department of administrative 1,886
services, but such selling price shall not exceed by ten per cent 1,887
the cost of publication and distribution. 1,888
Sec. 149.13. (A) The general assembly or any agency or 1,897
committee thereof and each department, division, bureau, board, 1,898
commission, or other agency of the state government, whenever it 1,899
prints or reproduces a report, pamphlet, or other publication, 1,900
including reports generated through electronic data processing, 1,901
whether prepared on contract or by the general assembly or the 1,902
department, division, bureau, board, commission, or other agency, 1,903
shall, except where the report, pamphlet, or other publication is 1,904
reproduced by equipment normally used by it at its offices, cause 1,905
to be placed on the first page, or the front, back, or inside 1,906
cover, the number of copies produced and the cost per copy of the 1,907
report, pamphlet, or other publication based on the expenses 1,908
calculated under section 125.49 of the Revised Code. 1,909
43
(B) This section does not apply to: 1,911
(1) Bills, acts, or legislative journals, OR EDUCATIONAL 1,913
MATERIALS published by the general assembly or to any fiscal, 1,915
substantive, or technical analysis or explanation of particular 1,916
bills before the general assembly; 1,917
(2) Any regularly produced daily or weekly summary or 1,919
listings of bills or acts of the general assembly; 1,920
(3) Press releases; 1,922
(4) Official forms, or instructions on how to fill out the 1,924
forms; 1,925
(5) Any publication or report of less than twenty-five 1,927
copies generated through electronic data processing. 1,928
Sec. 149.17. Highway maps shall be published by the state 1,937
and shall be officially designated as "Highway Maps of Ohio." The 1,939
director of transportation may designate the improved roads by 1,940
color, and revise such maps from time to time as the improvement 1,941
of the roads may justify.
The director shall secure a copyright of the said maps from 1,943
time to time when so published. The director may distribute the 1,944
first edition of these maps, which has been published as a 1,945
bulletin of the department of transportation, as follows: to 1,946
each county commissioner, county auditor, and county engineer, 1,947
one copy; to the director for distribution among those who 1,948
gratuitously helped in preparing maps, one hundred fifty copies; 1,949
for distribution among the several state departments, three 1,950
hundred copies; to the state library, one hundred copies; to each 1,951
newspaper correspondent of the general assembly, one copy; to the 1,952
clerk of the senate and TO the legislative clerk and executive 1,954
secretary THE CHIEF ADMINISTRATIVE OFFICER of the house of 1,955
representatives, one copy each; to each sergeant at arms, of the 1,956
senate and of the house of representatives, one copy; the 1,957
remaining copies to be equally divided among the members of the 1,958
general assembly.
Sec. 164.11. (A) The issuer shall, on or before the 1,967
44
fifteenth day of January of each calendar year, certify to the 1,968
office of budget and management the total amount of moneys 1,969
required during that calendar year to meet in full all payments 1,970
of bond service charges and financing costs due and payable in 1,971
that calendar year on outstanding obligations, the principal 1,972
amount of notes and any financing costs which are to be paid from 1,973
the proceeds of the bonds anticipated or of renewal notes issued 1,974
pursuant to section 164.09 of the Revised Code, and the balance 1,975
required to be otherwise provided. 1,976
(B) When the moneys to the credit of the bond service fund 1,978
are sufficient to provide for payment of the balance required as 1,979
stated in the certificate provided for in division (A) of this 1,980
section, the issuer shall certify such fact to the office of 1,981
budget and management. 1,982
(C) If and so long as the moneys to the credit of the bond 1,984
service fund are insufficient to meet in full all payments of the 1,985
balance required as stated in the certificate provided for in 1,986
division (A) of this section, the issuer shall at such times as 1,987
provided in the bond proceedings, and in any event within ten 1,988
days prior to the date any such payments are due, certify to the 1,989
office of budget and management the total amount of such bond 1,990
service charges, the amount of moneys to the credit of the bond 1,991
service fund, and the amount of additional money necessary to be 1,992
credited to the bond service fund to meet in full the payment of 1,993
such bond service charges when due. 1,994
(D) If upon the certification provided for in division (A) 1,996
or (C) of this section, or if on presentation of obligations for 1,997
payment of bond service charges when due, there are insufficient 1,998
moneys in the bond service fund for payment of bond service 1,999
charges and costs of credit facilities as so certified, the 2,000
issuer shall, upon consultation with the director of budget and 2,001
management, transfer a sufficient amount to the bond service fund 2,002
from the undistributed receipts derived from all fees, taxes, 2,003
excises, and other receipts of the state, except fees, excises, 2,004
45
or taxes relating to the registration, operation, or use of 2,005
vehicles on the public highways, or to fuels used for propelling 2,006
such vehicles, which excises and taxes, other than those 2,007
excepted, are and shall be deemed to be levied, in addition to 2,008
the purposes otherwise provided for by law, to provide in 2,009
accordance with sections 164.09 to 164.12 of the Revised Code and 2,010
the bond proceedings for the payment of bond service charges and 2,011
costs of credit facilities. The levy and collection of such 2,012
excises and taxes and their application to the payment of the 2,013
bond service charges and costs relating to credit facilities, as 2,014
provided by this section, shall continue and is hereby covenanted 2,015
with the holders of such obligations and providers of credit 2,016
facilities to be continued so long as such obligations are 2,017
outstanding. 2,018
(E) The general assembly may from time to time repeal or 2,020
reduce any fee, excise, or tax pledged pursuant to Section 2k or 2,022
2m of Article VIII, Ohio Constitution, to the payment of the bond 2,023
service charges, and may levy any new or increased fee, excise, 2,024
or tax to meet the pledge to the payment of bond service charges 2,025
on outstanding obligations of the state's full faith and credit, 2,026
revenues, and taxing power, except fees, excises, or taxes 2,027
relating to the registration, operation, or use of vehicles on 2,028
the public highways, or to fuels used for propelling such 2,029
vehicles. Nothing in this division authorizes any impairment of 2,030
the obligation of this state to levy and collect sufficient fees, 2,031
excises, and taxes to pay bond service charges on obligations 2,032
outstanding in accordance with their terms. 2,033
(F) Upon the payment or provision for payment in full of 2,035
all bond service charges on all obligations in accordance with 2,036
their terms, the issuer shall certify such fact to the clerk of 2,037
the senate, the legislative clerk of the house of 2,038
representatives, the office of budget and management, and the 2,039
commissioners of the sinking fund. Upon making such 2,040
certification the issuer shall transfer all moneys then remaining 2,041
46
to the credit of the bond service fund, and not needed for the 2,042
purpose of paying bond service charges, to the general revenue 2,043
fund. 2,044
Sec. 1555.14. Upon the payment in full of all interest, 2,053
principal, and charges for the retirement of all obligations 2,054
issued pursuant to Section 15 of Article VIII, Ohio Constitution, 2,055
and section 1555.08 of the Revised Code, the commissioners of the 2,056
sinking fund shall make a certification of such fact to the clerk 2,057
of the senate, the legislative clerk of the house of
representatives, and the treasurer of state. 2,058
Upon receipt of such certification the treasurer of state 2,060
shall transfer all moneys then remaining to the credit of the 2,061
coal research and development bond service fund to the general 2,062
revenue fund.
Sec. 2331.11. The (A) THE following persons are 2,071
privileged from arrest: 2,073
(A)(1) Members, the executive secretary CHIEF 2,075
ADMINISTRATIVE OFFICER of the house OF REPRESENTATIVES, the 2,077
legislative clerk of the house OF REPRESENTATIVES, clerks, 2,078
sergeants at arms, doorkeepers, and messengers STAFF of the 2,080
senate and house of representatives, during the sessions of the 2,081
general assembly, and while traveling to and from such sessions, 2,082
allowing one day for every twenty-five miles of the distance, by 2,083
the route most usually traveled; whoever arrests such a person in 2,084
violation of this division shall pay one hundred dollars, to be 2,085
recovered by civil action, in the name and for the use of the 2,086
person injured;
(B)(2) Electors, while going to, returning from, or in 2,088
attendance at elections; 2,089
(C)(3) Judges of the courts, while attending court, and 2,091
also during the time necessarily employed in going to, holding, 2,092
and returning from the court which THAT it is their duty to 2,093
attend;
(D)(4) Attorneys, BAILIFFS, clerks of courts, sheriffs, 2,096
47
coroners, constables, criers, suitors PLAINTIFFS, DEFENDANTS, 2,097
jurors, and witnesses, AND OTHER OFFICERS OR EMPLOYEES OF THE 2,098
COURT, while going to, attending, or returning from court; 2,100
(E) Israelites and such other persons as religiously 2,102
observe the last or any other day of the week as a (5) PERSONS 2,104
WHO, ON THEIR TRADITIONAL day of worship, on such day, ARE 2,105
within, going to, or returning from their places PLACE of 2,107
worship, or during the time of ARE WORSHIPPING AT A service, and 2,108
while OR ARE going to or returning therefrom; 2,109
(F) A person doing militia duty under the order of such 2,111
person's commanding officer or while going to or returning from 2,112
the place of duty or parade FROM A SERVICE. 2,113
(B) WHOEVER ARRESTS A PERSON IN VIOLATION OF DIVISION (A) 2,116
OF THIS SECTION SHALL PAY ONE HUNDRED DOLLARS, TO BE RECOVERED BY
CIVIL ACTION, IN THE NAME AND FOR THE USE OF THE PERSON INJURED. 2,117
Sec. 3317.09. All moneys distributed to a school district, 2,126
including any cooperative education or joint vocational school 2,128
district and all moneys distributed to any educational service
center, by the state whether from a state or federal source, 2,130
shall be accounted for by the division of school finance of the 2,131
department of education. All moneys distributed shall be coded 2,132
as to county, school district or educational service center,
source, and other pertinent information, and at the end of each 2,134
month, a report of such distribution shall be made by such 2,135
division of school finance to the clerk of the senate and the 2,136
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 2,138
representatives, to the Ohio legislative service commission to be 2,139
available for examination by any member of either house, to each 2,140
school district and educational service center, and to the
governor. 2,141
On or before the first day of September in each year, a 2,143
copy of the annual statistical report required in sections 2,144
3319.33 and 3319.34 of the Revised Code shall be filed by the 2,145
state board of education with the clerk of the senate and the 2,146
48
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 2,147
representatives, the Ohio legislative service commission, the 2,149
governor, and the auditor of state. The report shall contain an 2,150
analysis for the prior fiscal year on an accrual basis of revenue 2,151
receipts from all sources and expenditures for all purposes for 2,152
each school district and each educational service center, 2,153
including each joint vocational and cooperative education school 2,154
district, in the state. If any board of education or any 2,155
educational service center governing board fails to make the 2,156
report required in sections 3319.33 and 3319.34 of the Revised 2,157
Code, the superintendent of public instruction shall be without 2,158
authority to distribute funds to that school district or 2,159
educational service center pursuant to sections 3317.022 to 2,160
3317.0212, 3317.11, 3317.16, 3317.17, or 3317.19 of the Revised 2,162
Code until such time as the required reports are filed with all 2,163
specified officers, boards, or agencies.
Sec. 4121.03. (A) The governor shall appoint from among 2,172
the members of the industrial commission the chairperson of the 2,174
industrial commission. The chairperson shall serve as 2,175
chairperson at the pleasure of the governor. The chairperson is 2,177
the head of the commission and its chief executive officer. 2,178
(B) The chairperson shall appoint, after consultation with 2,181
other commission members and obtaining the approval of at least 2,182
one other commission member, an executive director of the 2,183
commission. The executive director shall serve at the pleasure
of the chairperson. The executive director, under the direction 2,184
of the chairperson, shall perform all of the following duties: 2,185
(1) Act as chief administrative officer for the 2,187
commission; 2,188
(2) Ensure that all commission personnel follow the rules 2,190
of the commission; 2,191
(3) Ensure that all orders, awards, and determinations are 2,193
properly heard and signed, prior to attesting to the documents; 2,194
(4) Coordinate, to the fullest extent possible, commission 2,196
49
activities with the bureau of workers' compensation activities; 2,197
(5) Do all things necessary for the efficient and 2,199
effective implementation of the duties of the commission. 2,200
The responsibilities assigned to the executive director of 2,202
the commission do not relieve the chairperson from final 2,204
responsibility for the proper performance of the acts specified 2,205
in this division.
(C) The chairperson shall do all of the following: 2,207
(1) Except as otherwise provided in this division, employ, 2,210
promote, supervise, remove, and establish the compensation of all 2,211
employees as needed in connection with the performance of the 2,212
commission's duties under this chapter and Chapters 4123., 4127., 2,214
and 4131. of the Revised Code and may assign to them their duties 2,215
to the extent necessary to achieve the most efficient performance 2,216
of its functions, and to that end may establish, change, or 2,217
abolish positions, and assign and reassign duties and 2,218
responsibilities of every employee of the commission. The civil 2,219
service status of any person employed by the commission prior to 2,220
November 3, 1989, is not affected by this section. Personnel 2,221
employed by the bureau or the commission who are subject to 2,222
Chapter 4117. of the Revised Code shall retain all of their 2,223
rights and benefits conferred pursuant to that chapter as it 2,224
presently exists or is hereafter amended and nothing in this 2,225
chapter or Chapter 4123. of the Revised Code shall be construed 2,226
as eliminating or interfering with Chapter 4117. of the Revised 2,227
Code or the rights and benefits conferred under that chapter to 2,228
public employees or to any bargaining unit. 2,229
(2) Hire district and staff hearing officers after 2,233
consultation with other commission members and obtaining the 2,234
approval of at least one other commission member;
(3) Fire staff and district hearing officers when the 2,236
chairperson finds appropriate after obtaining the approval of at 2,237
least one other commission member; 2,238
(4) Maintain the office for the commission in Columbus; 2,240
50
(5) To the maximum extent possible, use electronic data 2,242
processing equipment for the issuance of orders immediately 2,243
following a hearing, scheduling of hearings and medical 2,244
examinations, tracking of claims, retrieval of information, and 2,245
any other matter within the commission's jurisdiction, and shall 2,246
provide and input information into the electronic data processing 2,247
equipment as necessary to effect the success of the claims 2,248
tracking system established pursuant to division (B)(15) of 2,249
section 4121.121 of the Revised Code; 2,250
(6) Exercise all administrative and nonadjudicatory powers 2,253
and duties conferred upon the commission by Chapters 4121., 2,254
4123., 4127., and 4131. of the Revised Code; 2,255
(7) Approve all contracts for special services. 2,257
(D) The chairperson is responsible for all administrative 2,260
matters and may secure for the commission facilities, equipment, 2,262
and supplies necessary to house the commission, any employees, 2,263
and files and records under the commission's control and to 2,265
discharge any duty imposed upon the commission by law, the 2,266
expense thereof to be audited and paid in the same manner as 2,268
other state expenses. For that purpose, the chairperson, 2,269
separately from the budget prepared by the administrator of 2,271
workers' compensation, shall prepare and submit to the office of 2,272
budget and management a budget for each biennium according to 2,273
sections 101.55 101.532 and 107.03 of the Revised Code. The 2,274
budget submitted shall cover the costs of the commission and 2,275
staff and district hearing officers in the discharge of any duty 2,276
imposed upon the chairperson, the commission, and hearing 2,277
officers by law.
(E) A majority of the commission constitutes a quorum to 2,280
transact business. No vacancy impairs the rights of the 2,281
remaining members to exercise all of the powers of the 2,282
commission, so long as a majority remains. Any investigation, 2,283
inquiry, or hearing that the commission may hold or undertake may 2,285
be held or undertaken by or before any one member of the
51
commission, or before one of the deputies of the commission, 2,286
except as otherwise provided in this chapter and Chapters 4123., 2,288
4127., and 4131. of the Revised Code. Every order made by a 2,290
member, or by a deputy, when approved and confirmed by a majority 2,292
of the members, and so shown on its record of proceedings, is the 2,293
order of the commission. The commission may hold sessions at any 2,294
place within the state. The commission is responsible for all of 2,295
the following:
(1) Establishing the overall adjudicatory policy and 2,297
management of the commission under this chapter and Chapters 2,298
4123., 4127., and 4131. of the Revised Code, except for those 2,299
administrative matters within the jurisdiction of the 2,300
chairperson, bureau of workers' compensation, and the 2,301
administrator of workers' compensation under those chapters; 2,302
(2) Hearing appeals and reconsiderations under this 2,304
chapter and chapters 4123., 4127., and 4131. of the Revised Code; 2,306
(3) Engaging in rulemaking where required by this chapter 2,309
or Chapter 4123., 4127., or 4131. of the Revised Code. 2,310
Sec. 5117.12. (A) On or before the thirty-first day of 2,320
August of each year, each energy company shall file a written 2,321
report with the tax commissioner regarding the impact, if any, of 2,322
the requirements of division (E) of section 5117.11 of the 2,323
Revised Code on the number of uncollectible and past due 2,324
residential accounts for the twelve-month period ending on the 2,325
preceding thirty-first day of July. The report shall include 2,326
such information as is prescribed by the tax commissioner. The 2,327
information shall be based on actual reviews of residential 2,328
customer accounts and shall be presented in verifiable form. The 2,329
tax commissioner may consult with the public utilities commission 2,330
and the consumers' counsel in prescribing the contents of such 2,331
reports and complying with the requirements of division (C)(4) of 2,332
this section. 2,333
(B) Before the thirty-first day of January of each year, 2,335
the tax commissioner shall prepare a written report including a 2,336
52
final review of the Ohio energy credit program for which 2,337
applications were required to be mailed or provided by the 2,338
fifteenth day of June of the second preceding calendar year 2,339
pursuant to section 5117.03 of the Revised Code and an interim 2,340
review of the program for which applications were required to be 2,341
mailed or provided by the fifteenth day of June of the preceding 2,342
calendar year under such section. On or before the thirty-first 2,343
day of January of each year, the commissioner shall provide 2,344
written copies of such report to the speaker of the house of 2,345
representatives, president of the senate, minority leaders of the 2,346
house of representatives and senate, chairpersons of the house 2,348
finance-appropriations FINANCE AND APPROPRIATIONS committee and 2,349
senate finance committee, chairpersons of the committees of the 2,350
house of representatives and senate customarily entrusted with 2,351
matters concerning public utilities, legislative clerk of the 2,352
house OF REPRESENTATIVES, and clerk of the senate. 2,353
(C) Each report prepared under division (B) of this 2,355
section shall include a review of: 2,356
(1) Program costs; 2,358
(2) The number of persons receiving credits or payments 2,360
under the program; 2,361
(3) Progress in the implementation of any changes in the 2,363
program made by the general assembly within the period covered by 2,364
the report; 2,365
(4) The impact, if any, of the requirements of division 2,367
(E) of section 5117.11 of the Revised Code on the number of 2,368
uncollectible and past due residential accounts of energy 2,369
companies for the twelve-month period ending on the preceding 2,370
thirty-first day of July; 2,371
(5) The impact of any federal energy assistance programs 2,373
available to the same groups of people as are eligible for the 2,374
energy credit program under sections 5117.01 to 5117.12 of the 2,375
Revised Code, together with any recommendations on modifications 2,376
that may, because of the federal programs, be needed in the 2,377
53
energy credit program; 2,378
(6) Any suggestions for improving the program; 2,380
(7) Any other matters considered appropriate by the 2,382
commissioner. 2,383
(D) The tax commissioner shall consult with the auditor of 2,385
state, energy companies, energy dealers, department of aging, and 2,386
commission on Hispanic-Latino affairs in the preparation of any 2,388
report under this section. The commissioner may require 2,389
information from such agencies for the purpose of preparing such 2,390
report.
Sec. 5119.39. (A) The director of mental health may enter 2,399
into agreements with any person, political subdivision, or state 2,400
agency for the sale or lease of land or facilities under the 2,401
jurisdiction of the director in the following manner: 2,402
(1) The director shall designate lands and facilities that 2,404
are not needed by the department and are under the jurisdiction 2,405
of the department. 2,406
(2) The director shall have a preliminary appraisal made 2,408
of any lands or facilities designated under division (A) of this 2,409
section by a disinterested professional appraiser from the 2,410
department of administrative services. The appraiser shall 2,411
deliver to the director a signed certificate of the probable 2,412
market value of the lands and facilities as determined from the 2,413
preliminary appraisal. 2,414
(3) The director shall certify to the legislative clerk of 2,416
the house of representatives and to the clerk of the senate a 2,417
list of all lands and facilities which may be sold or leased, and 2,418
shall include with the list the results of the preliminary 2,419
appraisals of the lands and facilities, a general description of 2,420
the land and facilities, and a description of the current use of 2,421
the land and facilities. 2,422
(4) Every list of lands and facilities certified by the 2,424
director to the legislative clerk of the house of representatives 2,425
and to the clerk of the senate under division (A)(3) of this 2,426
54
section, shall immediately be transmitted by the respective 2,427
clerks to the committees in the house and the senate to which 2,428
land conveyance bills are usually referred. If either committee 2,429
files in its clerk's office, within sixty calendar days of the 2,430
original certification of the lands and facilities by the 2,431
director, a report disapproving the sale or lease of any lands or 2,432
facilities, the sale or lease of the lands or facilities 2,433
disapproved in the report shall not be made under this section. 2,434
With respect to a sale or lease of lands and facilities that has 2,435
not been disapproved under this division, the director shall 2,436
certify those lands and facilities to the auditor of state. 2,437
(5) After certification to the auditor of state under 2,439
division (A)(4) of this section, the director of mental health 2,440
shall have a formal appraisal made of the lands and facilities by 2,441
a disinterested professional appraiser from the department of 2,442
administrative services. The director may accept the formal 2,443
appraisal or he may reject it and order a new formal appraisal by 2,444
a disinterested professional appraiser who shall not be from the 2,445
department of administrative services. The director may then 2,446
sell or lease the lands or facilities in accordance with this 2,447
division and department of administrative services procedures as 2,448
set forth in Chapter 123. of the Revised Code. Any such deed or 2,449
lease shall be prepared and recorded pursuant to section 5301.13 2,450
of the Revised Code. The department of administrative services 2,451
shall be the sole agent for the state and shall complete the sale 2,452
or lease of the lands or facilities, up to and including the 2,453
closing thereof, after the director approves the sale price. The 2,454
director and the director of administrative services may, if it 2,455
is determined to be in the best interests of the state, agree to 2,456
sell surplus land for an amount less than the formal appraised 2,457
value but shall not sell any land for less than two-thirds of the 2,458
formal appraised value. 2,459
(B) Coincident with his THE certification MADE under 2,461
division (A)(3) of this section concerning lands which may be 2,462
55
sold, the director shall give written notice of his THE 2,463
DIRECTOR'S intention to sell the lands by certified mail to the 2,464
executive officer of each county, township, municipal 2,466
corporation, and school district within which the lands are 2,467
situated. In each notice, the director shall specify the 2,468
conditions under which the lands shall be sold, including whether 2,469
the lands will be sold as a single unit or sold in specific 2,470
parcels that he THE DIRECTOR designates, and shall solicit from 2,471
the subdivision offers to purchase the lands in accordance with
the conditions he THE DIRECTOR has specified and at a price equal 2,473
to the preliminary appraised value determined pursuant to 2,474
division (A)(2) of this section. If, within thirty days of 2,475
having certified the lands to the auditor of state under division 2,476
(A)(4) of this section, the director receives from the executive 2,477
officer of a subdivision a written offer to purchase the lands at 2,478
or above the price specified in his THE DIRECTOR'S original 2,479
notice to the officer, provided such offer otherwise complies 2,480
with the conditions of purchase specified in his THE DIRECTOR'S 2,481
original notice, the director shall forthwith enter into an 2,482
agreement to sell the lands to the subdivision. The agreement 2,483
shall incorporate any and all terms that are acceptable to both 2,484
parties and that are consistent with the terms specified in the 2,485
director's original notice. If no offer to purchase is received 2,486
by the director within the thirty-day period provided in this 2,487
division, the director's original notice shall be considered 2,488
withdrawn and he THE DIRECTOR shall be under no obligation to 2,489
sell any of the lands specified in the notice to the subdivision. 2,491
If two or more offers to purchase the same parcels of land are 2,492
received by the director within the required time period from the 2,493
executive officers of two or more subdivisions, the director 2,494
shall accept the offer or offers to purchase that he THE DIRECTOR 2,495
considers to be in the best interests of the state and of the 2,497
department of mental health and shall proceed to enter into 2,498
agreements of sale pursuant to this division. If all of the 2,499
56
director's original notices relating to a given parcel of land 2,500
become withdrawn, he THE DIRECTOR may thereupon proceed to sell 2,501
the parcel as otherwise provided in this section. No subdivision
may commence an action to enforce the provisions of this 2,502
division, or to seek any other legal or equitable remedy relative 2,503
to this division, with respect to any lands certified to the 2,504
auditor of state under division (A)(4) of this section, except 2,505
within sixty days of the date on which the lands were so 2,506
certified.
(C) Any agreement under this section shall be at such 2,508
terms as will be in the best interests of the state and the 2,509
department of mental health. However, the terms of any agreement 2,510
for sale shall include a provision that the purchaser will abide 2,511
by any comprehensive plan for the area that has been adopted by 2,512
the local government in which the property is located before the 2,513
parties enter into the agreement. No lease shall be of a 2,514
duration greater than fifteen years. No agreement, except an 2,515
agreement entered into under division (B) of this section, shall 2,516
be entered into before the proposal to sell or lease the land or 2,517
facilities has been advertised once each week for four weeks in a 2,518
newspaper of general circulation in every county in which the 2,519
lands or facilities are located and if the preliminary appraised 2,520
value of the land to be sold or leased is more than one hundred 2,521
thousand dollars, advertisement shall be made once each week for 2,522
four weeks in at least two newspapers in the state having a daily 2,523
circulation of one hundred thousand or more. If a city in this 2,524
state is served by more than one newspaper having a circulation 2,525
of one hundred thousand or more, advertisement may be made in 2,526
only one of the newspapers serving the city. 2,527
(D) Each deed or lease prepared and recorded pursuant to 2,529
this section shall contain a recital stating that all provisions 2,530
of this section have been complied with. The recital shall be 2,531
considered binding and conclusive against all subdivisions of the 2,532
state provided no action has been commenced pursuant to division 2,533
57
(B) of this section. Any deed or lease containing such a recital 2,534
shall be conclusively presumed to have been executed in 2,535
compliance with this section insofar as title or other interest 2,536
of any bona fide purchasers, lessees, or transferees of the 2,537
property is concerned. 2,538
(E) Nothing in this section shall be construed as 2,540
establishing a precedent for the disposal of state lands and 2,541
facilities by other departments of the state. 2,542
Sec. 5123.231. (A) Until June 30, 1981, or until the 2,551
department of mental retardation and developmental disabilities 2,552
has achieved substantial compliance with the standards for the 2,553
physical facilities and equipment of institutions under its 2,554
jurisdiction as required by section 5123.16 of the Revised Code, 2,555
the director of the department may enter into agreements with any 2,556
person, political subdivision, or state agency for the sale or 2,557
lease of land or facilities under the jurisdiction of the 2,558
director in the following manner: 2,559
(1) The director shall designate lands and facilities that 2,561
are not needed by the department and are under the jurisdiction 2,562
of the department. 2,563
(2) The director shall have a preliminary appraisal made 2,565
of any lands or facilities designated under division (A) of this 2,566
section by a disinterested professional appraiser from the 2,567
department of administrative services. The appraiser shall 2,568
deliver to the director a signed certificate of the probable 2,569
market value of the lands and facilities as determined from the 2,570
preliminary appraisal. 2,571
(3) The director shall certify to the legislative clerk of 2,573
the house of representatives and to the clerk of the senate a 2,574
list of all lands and facilities which may be sold or leased, and 2,575
shall include with the list the results of the preliminary 2,576
appraisals of the lands and facilities, a general description of 2,577
the land and facilities, and a description of the current use of 2,578
the land and facilities. 2,579
58
(4) Every list of lands and facilities certified by the 2,581
director to the legislative clerk of the house of representatives 2,582
and to the clerk of the senate under division (A)(3) of this 2,583
section, shall immediately be transmitted by the respective 2,584
clerks to the committees in the house and the senate to which 2,585
land conveyance bills are usually referred. If either committee 2,586
files in its clerk's office, within sixty calendar days of the 2,587
original certification of the lands and facilities by the 2,588
director, a report disapproving the sale or lease of any lands or 2,589
facilities, the sale or lease of the lands or facilities 2,590
disapproved in the report shall not be made under this section. 2,591
With respect to a sale or lease of lands and facilities that has 2,592
not been disapproved under this division, the director shall 2,593
certify those lands and facilities to the auditor of state. 2,594
(5) After certification to the auditor of state under 2,596
division (A)(4) of this section, the director shall have a formal 2,597
appraisal made of the lands and facilities by a disinterested 2,598
professional appraiser from the department of administrative 2,599
services. The director may accept the formal appraisal or he THE 2,600
DIRECTOR may reject it and order a new formal appraisal by a 2,602
disinterested professional appraiser who shall not be from the 2,603
department of administrative services. The director may then 2,604
sell or lease the lands or facilities in accordance with this 2,605
division and department of administrative services procedures as 2,606
set forth in Chapter 123. of the Revised Code. Any such deed or 2,607
lease shall be prepared and recorded pursuant to section 5301.13 2,608
of the Revised Code. The department of administrative services 2,609
shall be the sole agent for the state and shall complete the sale 2,610
or lease of the lands or facilities, up to and including the 2,611
closing thereof, after the director approves the sale price. The 2,612
director and the director of administrative services may, if it 2,613
is determined to be in the best interests of the state, agree to 2,614
sell surplus land for an amount less than the formal appraised 2,615
value but shall not sell any land for less than two-thirds of the 2,616
59
formal appraised value. 2,617
(B) Coincident with his THE DIRECTOR'S certification under 2,619
division (A)(3) of this section concerning lands which may be 2,621
sold, the director shall give written notice of his THE intention 2,622
to sell the lands by certified mail to the executive officer of 2,624
each county, township, municipal corporation, and school district 2,625
within which the lands are situated. In each notice, the 2,626
director shall specify the conditions under which the lands shall 2,627
be sold, including whether the lands will be sold as a single 2,628
unit or sold in specific parcels that he THE DIRECTOR designates, 2,629
and shall solicit from the subdivision offers to purchase the 2,631
lands in accordance with the conditions he THE DIRECTOR has 2,632
specified and at a price equal to the preliminary appraised value 2,634
determined pursuant to division (A)(2) of this section. If, 2,635
within thirty days of having certified the lands to the auditor 2,636
of state under division (A)(4) of this section, the director 2,637
receives from the executive officer of a subdivision a written 2,638
offer to purchase the lands at or above the price specified in 2,639
his THE DIRECTOR'S original notice to the officer, provided such 2,641
offer otherwise complies with the conditions of purchase 2,642
specified in his THE DIRECTOR'S original notice, the director 2,643
shall forthwith enter into an agreement to sell the lands to the 2,644
subdivision. The agreement shall incorporate any and all terms 2,645
that are acceptable to both parties and that are consistent with 2,646
the terms specified in the director's original notice. If no 2,647
offer to purchase is received by the director within the 2,648
thirty-day period provided in this division, the director's 2,649
original notice shall be considered withdrawn and he THE DIRECTOR 2,651
shall be under no obligation to sell any of the lands specified 2,652
in the notice to the subdivision. If two or more offers to 2,653
purchase the same parcels of land are received by the director 2,654
within the required time period from the executive officers of 2,655
two or more subdivisions, the director shall accept the offer or 2,656
offers to purchase that he THE DIRECTOR considers to be in the 2,657
60
best interests of the state and of the department and shall 2,659
proceed to enter into agreements of sale pursuant to this 2,660
division. If all of the director's original notices relating to 2,661
a given parcel of land become withdrawn, he THE DIRECTOR may 2,662
thereupon proceed to sell the parcel as otherwise provided in 2,664
this section. No subdivision may commence an action to enforce 2,665
the provisions of this division, or to seek any other legal or 2,666
equitable remedy relative to this division, with respect to any 2,667
lands certified to the auditor of state under division (A)(4) of 2,668
this section, except within sixty days of the date on which the 2,669
lands were so certified.
(C) Any agreement under this section shall be at such 2,671
terms as will be in the best interests of the state and the 2,672
department of mental retardation and developmental disabilities. 2,673
However, the terms of any agreement for sale shall include a 2,674
provision that the purchaser will abide by any comprehensive plan 2,675
for the area that has been adopted by the local government in 2,676
which the property is located before the parties enter into the 2,677
agreement. No lease shall be of a duration greater than forty 2,678
years. No agreement, except an agreement entered into under 2,679
division (B) of this section, shall be entered into before the 2,680
proposal to sell or lease the land or facilities has been 2,681
advertised once each week for four weeks in a newspaper of 2,682
general circulation in every county in which the lands or 2,683
facilities are located and if the preliminary appraised value of 2,684
the land to be sold or leased is more than one hundred thousand 2,685
dollars advertisement shall be made once each week for four weeks 2,686
in at least two newspapers in the state having a daily 2,687
circulation of one hundred thousand or more. If a city in this 2,688
state is served by more than one newspaper having a circulation 2,689
of one hundred thousand or more, advertisement may be made in 2,690
only one of the newspapers serving the city. 2,691
(D) Each deed or lease prepared and recorded pursuant to 2,693
this section shall contain a recital stating that all provisions 2,694
61
of this section have been complied with. The recital shall be 2,695
considered binding and conclusive against all subdivisions of the 2,696
state provided no action has been commenced pursuant to division 2,697
(B) of this section. Any deed or lease containing such a recital 2,698
shall be conclusively presumed to have been executed in 2,699
compliance with this section insofar as title or other interest 2,700
of any bona fide purchasers, lessees, or transferees of the 2,701
property is concerned. 2,702
(E) Except as otherwise provided in this division, all 2,704
moneys received from the sale or lease of lands and facilities 2,705
under this section shall be deposited in the state treasury to 2,706
the credit of the general revenue fund. All moneys received from 2,707
the sale or lease of lands and facilities under this section that 2,708
were purchased with funds from the mental health facilities 2,709
improvement fund created by division (F) of section 154.20 of the 2,710
Revised Code shall be credited to the mental health facilities 2,711
improvement fund. 2,712
(F) Nothing in this section shall be construed as 2,714
establishing a precedent for the disposal of state lands and 2,715
facilities by other departments of the state. 2,716
Sec. 5528.19. Upon the payment in full of all interest, 2,725
principal, and charges for the retirement of all bonds and other 2,727
obligations which may be issued pursuant to Section 2g of Article 2,728
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the 2,730
Revised Code, the commissioners of the sinking fund shall make a 2,731
certification of such fact to the clerk of the senate, the
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of 2,732
representatives, and the treasurer of state. 2,733
Upon the receipt of such certification, the treasurer of 2,735
state shall transfer all moneys remaining to the credit of the 2,736
highway improvement bond retirement fund, created by section 2,737
5528.12 of the Revised Code, to the highway obligations bond 2,738
retirement fund created by section 5528.32 of the Revised Code. 2,739
Sec. 5528.56. (A) The treasurer of state on behalf of the 2,748
62
commissioners of the sinking fund, on or before the fifteenth day 2,749
of July of each fiscal year, shall certify to the office of 2,750
budget and management the total amount of moneys required during 2,751
that fiscal year to meet in full all payments of bond service 2,752
charges and financing costs which are not to be paid from the 2,753
proceeds of the bonds anticipated or of renewal notes issued 2,754
pursuant to section 5528.54 of the Revised Code.
(B) When the moneys to the credit of the bond service fund 2,756
are sufficient to provide for payment of the amount required as 2,757
stated in the certificate provided for in division (A) of this 2,758
section, the commissioners shall certify such fact to the office 2,759
of budget and management.
(C) If and so long as the moneys to the credit of the bond 2,761
service fund, together with any other funds available for the 2,762
purpose, are insufficient to meet in full all payments of the 2,763
amount required as stated in the certificate provided for in 2,764
division (A) of this section, the commissioners shall at such 2,765
times as provided in the bond proceedings, and in any event 2,766
within ten days prior to the date any such payments are due,
certify to the office of budget and management the total amount 2,767
of such bond service charges and financing costs, the amount of 2,768
moneys to the credit of the bond service fund and any other funds 2,769
available for the purpose, and the amount of additional money 2,770
necessary to be credited to the bond service fund to meet in full 2,771
the payment of such bond service charges and financing costs when
due.
(D) If upon the certification provided for in division (A) 2,774
or (C) of this section, or if on presentation of obligations for 2,775
payment of bond service charges when due, there are insufficient 2,776
moneys in the bond service fund and any other funds available for
the purpose for payment of bond service charges and financing 2,777
costs as so certified, the commissioners, upon consultation with 2,778
the director of budget and management, shall transfer a 2,779
sufficient amount to the bond service fund from the receipts 2,780
63
derived from all excises, taxes, and other revenues of the state, 2,781
including those referred to in Section 5a of Article XII, Ohio 2,782
Constitution, which excises, taxes, and revenues are and shall be 2,783
deemed to be levied, in addition to the purposes otherwise 2,784
provided for by law, to provide in accordance with sections 2,785
5528.51 to 5528.56 of the Revised Code and the bond proceedings
for the payment of bond service charges and financing costs. The 2,786
levy and collection of such excises, taxes, and revenues and 2,788
their application to the payment of the bond service charges and 2,789
financing costs, as provided by this section, shall continue and 2,790
the state hereby covenants with the holders of such obligations
and providers of credit enhancement facilities be continued, so 2,791
long as such obligations are outstanding. In each year that 2,792
moneys referred to in Section 5a of Article XII, Ohio 2,793
Constitution, pledged to the payment of bond service charges on 2,795
obligations issued pursuant to sections 5528.51 to 5528.55 of the 2,796
Revised Code are available for that purpose, such moneys shall be 2,797
appropriated thereto and the required application of any other 2,798
excises, taxes, and revenues shall be reduced in corresponding 2,799
amount.
(E) The general assembly may from time to time repeal or 2,801
reduce any excise, tax, or other source of revenue pledged 2,802
pursuant to Section 2m of Article VIII, Ohio Constitution, and 2,804
this section to the payment of the bond service charges, and may 2,805
levy any new or increased excise, tax, or revenue source to meet 2,806
the pledge to the payment of bond service charges on outstanding 2,807
obligations of the state's full faith and credit, revenue, and
taxing power. Nothing in this division authorizes any impairment 2,808
of the obligation of this state to levy, charge, and collect 2,809
sufficient excises, taxes, and revenues to pay bond service 2,810
charges on obligations outstanding in accordance with their 2,811
terms.
(F) Upon the payment or provision for payment in full of 2,813
all bond service charges on all obligations in accordance with 2,814
64
their terms, the commissioners shall certify that fact to the 2,815
clerk of the senate, the legislative clerk of the house of 2,816
representatives, the treasurer of state, and the office of budget 2,818
and management. Upon making such certification the treasurer of 2,819
state shall transfer to the general revenue fund all moneys then
remaining to the credit of the bond service fund and not needed 2,820
for the purpose of paying bond service charges. 2,821
Section 2. That existing sections 101.23, 101.271, 2,823
101.272, 101.29, 101.31, 101.32, 101.33, 101.51, 101.52, 101.55, 2,824
101.61, 101.63, 101.65, 101.66, 101.69, 102.09, 103.15, 121.40, 2,826
123.151, 124.18, 125.081, 125.31, 125.42, 125.47, 125.48, 125.58, 2,827
125.76, 127.16, 129.52, 129.56, 129.64, 149.07, 149.09, 149.091, 2,828
149.13, 149.17, 164.11, 1555.14, 2331.11, 3317.09, 4121.03, 2,829
5117.12, 5119.39, 5123.231, 5528.19, and 5528.56 and sections 2,831
101.25, 101.50, 101.53, 101.62, 102.64, 101.67, 125.59, 125.60, 2,832
125.63, and 149.06 of the Revised Code are hereby repealed.
Section 3. That Section 192 of Am. Sub. H.B. 215 of the 2,834
122nd General Assembly be amended to read as follows: 2,835
"Sec. 192. Governor's Community Service Council 2,837
The administrative duties of the Department of Youth 2,839
Services pertaining to the Governor's Community Service Council 2,840
as imposed by section 121.40 of the Revised Code are transferred 2,841
to the Governor's Community Service Council on July 1, 1997. 2,842
The Council shall employ, promote, supervise, and remove 2,844
employees as needed in connection with the performance of its 2,845
duties under section 121.40 of the Revised Code and may assign 2,846
duties to employees to the extent necessary to achieve the most 2,847
efficient performance of its duties and functions, and to that 2,848
end may establish, change, or abolish positions, and assign and
reassign duties and responsibilities of employees of the Council. 2,849
Employees of the Department of Youth Services, as 2,851
determined by the collective bargaining agreement in force on the 2,852
effective date of this section, who are the direct staff of the 2,853
Governor's Community Service Council shall be transferred to and 2,854
65
become employees of the Council on July 1, 1997.
Employees transferred under this section shall retain their 2,856
civil service qualifications and status. Effective with the 2,857
first pay period in which personnel services expenses are charged 2,858
against fiscal year 1998 appropriations, the transferred 2,859
employees shall retain their respective civil service 2,860
classifications and status and any rights conferred by Chapter
4117. of the Revised Code as it now exists or is hereafter 2,861
amended. Nothing in section 121.40 of the Revised Code, as 2,862
amended by this act AM. SUB. H.B. 215 OF THE 122nd GENERAL 2,864
ASSEMBLY, shall be construed as eliminating or interfering with 2,865
Chapter 4117. of the Revised Code, or the rights and benefits 2,866
conferred under that chapter to public employees or to any
bargaining unit provided by collective bargaining agreements 2,867
negotiated under Chapter 4117. of the Revised Code. 2,868
Notwithstanding section 124.13 of the Revised Code, all 2,870
vacation leave time and other benefits earned by these employees 2,871
of the Department of Youth Services shall be deemed to have been 2,872
earned by them as employees of the Council. 2,873
Effective July 1, 1997, whenever reference is made in any 2,875
law, contract, or document to the functions of the Department of 2,876
Youth Services as fiscal agent to the Governor's Community 2,877
Service Council, the reference shall be deemed to refer to the 2,878
Department of Aging, and "fiscal agent" has the meaning given in
division (D) of section 121.40 of the Revised Code as amended by 2,879
this act H.B. 215. The Department of Aging shall have no 2,881
responsibility for or obligation to the Council prior to July 1,
1997. Any validation, cure, right, privilege, remedy, 2,882
obligation, or liability shall be retained by the Council. 2,883
On or before July 1, 1997, the Department of Aging and the 2,885
Council shall enter into an agreement regarding the relationship 2,886
between the Department of Aging as fiscal agent and the Council. 2,887
On or before July 1, 1997, the Department of Youth Services 2,889
and the Department of Aging shall enter into an agreement for the 2,890
66
transfer of all assets, books, records, documents, files, 2,891
transcripts, and other material pertaining to the Council. 2,892
The Council shall maintain its office in Columbus and may 2,894
hold sessions at any place within the state. 2,895
The Council may acquire facilities, equipment, and supplies 2,897
necessary to house the Council, its employees, and files and 2,898
records under the Council's control and to discharge any duty 2,899
imposed upon it by law. The expense of those acquisitions shall 2,900
be audited and paid in the same manner as other state expenses. 2,901
For that purpose, the Council shall prepare and submit to the
Office of Budget and Management a budget for each biennium 2,903
according to sections 101.55 101.532 and 107.03 of the Revised 2,904
Code. The budget submitted shall cover the costs of the Council 2,906
and staff in the discharge of any duty imposed upon the Council 2,907
by law."
Section 4. That existing Section 192 of Am. Sub. H.B. 215 2,909
of the 122nd General Assembly is hereby repealed. 2,910
Section 5. The Office of Clerk of the House of 2,912
Representatives is a continuation of the former Office of 2,913
Legislative Clerk of the House of Representatives. The 2,914
individual holding office as Legislative Clerk of the House of 2,915
Representatives immediately before the effective date of this act 2,916
holds office as Clerk of the House of Representatives on and 2,917
after the effective date of this act. 2,918
Section 6. The Office of Chief Administrative Officer of 2,920
the House of Representatives is a continuation of the former 2,921
Office of the Executive Secretary of the House of 2,922
Representatives. The individual holding office as Executive 2,923
Secretary of the House of Representatives immediately before the 2,924
effective date of this act holds office as Chief Administrative 2,925
Officer of the House of Representatives on and after the 2,926
effective date of this act.
Section 7. Section 125.48 of the Revised Code is presented 2,928
in this act as a composite of the section as amended by both Am. 2,930
67
Sub. S.B. 99 and Am. Sub. S.B. 162 of the 121st General Assembly,
with the new language of neither of the acts shown in capital 2,932
letters. Section 127.16 of the Revised Code is presented in this 2,933
act as a composite of the section as amended by both Am. Sub. 2,935
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 letters. 2,937
This is in recognition of the principle stated in division (B) of 2,938
section 1.52 of the Revised Code that such amendments are to be 2,939
harmonized where not substantively irreconcilable and constitutes 2,940
a legislative finding that such is the resulting version in 2,941
effect prior to the effective date of this act. 2,942