As Reported by the Committee of Conference*

124th General Assembly
Regular Session
2001-2002
Am. Sub. H. B. No. 94


REPRESENTATIVES Carey, Calvert, Core, Peterson, Husted, Grendell, Faber, Evans, Metzger, Buehrer, Hoops, Widowfield, Hughes, Clancy, Gilb, Raga, Webster, Womer Benjamin, DeWine, Collier, Setzer, Niehaus, Reidelbach, Flowers, Cates, Fessler, Schmidt, Hagan

SENATORS White, Jacobson, Spada, Amstutz, Johnson, Carnes, Harris, Mead, Hottinger, Coughlin, R. A. Gardner, Blessing, Wachtmann, Mumper



A BILL
To amend sections 9.03, 9.06, 9.821, 9.822, 101.15,1
101.27, 101.30, 101.311, 101.34, 101.37, 101.72,2
101.73, 102.02, 102.03, 102.031, 102.06, 103.143, 3
105.41, 107.10, 111.16, 111.18, 111.23, 111.25,4
118.08, 120.06, 120.16, 120.26, 120.33, 121.40, 5
121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 6
124.82, 125.22, 126.11, 126.21, 127.16, 131.01, 7
133.021, 133.06, 133.07, 135.80, 135.81, 135.82, 8
135.83, 135.84, 135.85, 135.86, 135.87, 140.01, 9
145.01, 145.33, 147.01, 147.02, 147.03, 147.05,10
147.06, 147.13, 147.14, 147.37, 147.371, 151.04,11
166.03, 169.01, 173.35, 173.40, 173.46, 173.47,12
175.03, 175.21, 175.22, 175.24, 179.02, 179.03,13
179.04, 181.51, 181.52, 181.54, 181.55, 181.56,14
183.09, 183.10, 183.17, 183.28, 183.30, 301.27,15
307.86, 313.091, 325.071, 329.04, 329.042, 339.05, 16
340.02, 340.03, 340.08, 340.091, 349.01, 503.162, 17
504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 18
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 19
1309.401, 1309.402, 1309.42, 1329.01, 1329.04,20
1329.06, 1329.07, 1329.42, 1329.421, 1329.45,21
1329.56, 1329.58, 1329.60, 1329.601, 1345.21,22
1501.01, 1501.23, 1501.40, 1503.011, 1507.01,23
1509.06, 1509.071, 1509.08, 1509.11, 1509.23,24
1513.05, 1513.13, 1513.14, 1514.11, 1517,05, 25
1517.06, 1517.07, 1521.04, 1531.35, 1533.13,26
1547.67, 1561.05, 1561.07, 1561.11, 1561.12, 27
1561.13, 1561.14, 1561.15, 1561.16, 1561.17, 28
1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 29
1561.23, 1561.26, 1561.35, 1561.351, 1561.46, 30
1561.51, 1561.52, 1563.13, 1565.04, 1565.06, 31
1565.07, 1565.08, 1565.25, 1701.05, 1701.07,32
1701.81, 1702.05, 1702.06, 1702.43, 1702.59,33
1703.04, 1703.041, 1703.15, 1703.17, 1703.27,34
1703.31, 1705.05, 1705.06, 1705.38, 1705.55,35
1746.04, 1746.06, 1746.15, 1747.03, 1747.04,36
1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 37
1782.09, 1782.433, 1785.06, 1901.26, 1907.24, 38
2303.201, 2317.02, 2317.022, 2329.66, 2715.041, 39
2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 40
3109.14, 3119.022, 3301.075, 3301.70, 3301.80, 41
3301.85, 3307.05, 3311.057, 3313.201, 3313.37,42
3313.41, 3313.603, 3313.64, 3314.07, 3314.08,43
3314.09, 3316.20, 3317.01, 3317.012, 3317.013,44
3317.014, 3317.02, 3317.021, 3317.022, 3317.023,45
3317.024, 3317.029, 3317.0210, 3317.0212,46
3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,47
3317.06, 3317.064, 3317.10, 3317.11, 3317.13,48
3317.16, 3317.161, 3317.162, 3317.19, 3317.20, 49
3318.01, 3318.04, 3318.05, 3318.053, 3318.06, 50
3318.08, 3318.10, 3318.12, 3318.31, 3318.36,51
3318.362, 3318.37, 3318.38, 3319.19, 3321.01,52
3323.09, 3323.091, 3327.10, 3333.02, 3333.03,53
3333.043, 3333.12, 3333.13, 3333.21, 3333.22,54
3345.05, 3345.19, 3353.07, 3383.01, 3383.02,55
3383.04, 3383.07, 3505.063, 3701.04, 3701.142,56
3701.77, 3701.771, 3701.772, 3702.68, 3704.034, 57
3721.10, 3721.12, 3721.13, 3721.15, 3721.16, 58
3721.17, 3721.51, 3721.56, 3722.01, 3722.15, 59
3722.16, 3734.28, 3734.57, 3734.82, 3734.901, 60
3734.904, 3735.27, 3745.014, 3745.04, 3745.11,61
3745.22, 3750.02, 3750.13, 3769.08, 3769.085, 62
3769.087, 3769.20, 3770.06, 3773.56, 3793.04, 63
3902.23, 3923.28, 3923.29, 3923.30, 4105.17,64
4115.10, 4121.44, 4123.27, 4301.12, 4301.17, 65
4301.24, 4301.422, 4301.43, 4303.33, 4303.331,66
4503.10, 4503.102, 4503.12, 4503.182, 4504.05, 67
4505.061, 4506.08, 4507.23, 4507.24, 4507.50,68
4507.52, 4511.81, 4519.03, 4519.10, 4519.56,69
4519.69, 4701.10, 4701.16, 4707.01, 4707.011,70
4707.02, 4707.03, 4707.04, 4707.05, 4707.06,71
4707.07, 4707.071, 4707.072, 4707.08, 4707.09,72
4707.10, 4707.11, 4707.111, 4707.12, 4707.13,73
4707.15, 4707.152, 4707.16, 4707.19, 4707.20,74
4707.21, 4707.23, 4707.99, 4713.10, 4715.03,75
4715.13, 4715.14, 4715.16, 4715.21, 4715.24,76
4715.27, 4717.02, 4717.07, 4717.08, 4717.09,77
4723.08, 4723.32, 4723.79, 4725.44, 4725.48,78
4725.49, 4731.14, 4731.281, 4731.53, 4734.20, 79
4736.12, 4736.14, 4743.05, 4755.01, 4761.05,80
4775.01, 4775.02, 4775.08, 4775.99, 4779.01,81
4779.02, 4779.16, 4779.19, 4779.20, 4779.26, 82
4911.17, 4921.18, 4923.11, 5101.071, 5101.14,83
5101.141, 5101.145, 5101.184, 5101.19, 5101.35, 84
5101.36, 5101.50, 5101.521, 5101.54, 5101.80,85
5101.83, 5101.85, 5101.853, 5101.854, 5103.031, 86
5103.033, 5103.036, 5103.0312, 5103.0313, 87
5103.0314, 5103.0316, 5103.07, 5104.32, 5104.341, 88
5107.02, 5107.10, 5107.14, 5107.18, 5108.01, 89
5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 90
5111.01, 5111.022, 5111.041, 5111.17, 5111.22, 91
5111.231, 5111.25, 5111.251, 5111.262, 5111.28,92
5111.29, 5111.87, 5119.01, 5119.06, 5119.22,93
5119.61, 5122.31, 5123.01, 5123.041, 5123.043, 94
5123.082, 5123.60, 5123.71, 5123.76, 5126.01,95
5126.041, 5126.042, 5126.05, 5126.051, 5126.053,96
5126.06, 5126.071, 5126.08, 5126.11, 5126.12,97
5126.15, 5126.16, 5126.18, 5126.19, 5126.20,98
5126.22, 5126.25, 5126.31, 5126.311, 5126.32,99
5126.357, 5126.431, 5139.01, 5139.11, 5139.29,100
5139.31, 5153.16, 5153.165, 5153.60, 5153.69,101
5153.78, 5703.17, 5703.49, 5705.091, 5705.19,102
5705.41, 5705.44, 5709.17, 5711.33, 5721.30,103
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 104
5727.82, 5727.84, 5727.85, 5727.86, 5727.87, 105
5728.08, 5729.07, 5731.21, 5733.02, 5733.021, 106
5733.053, 5733.056, 5733.06, 5733.12, 5733.122, 107
5733.18, 5733.351, 5733.401, 5733.42, 5735.06, 108
5735.061, 5739.01, 5739.02, 5739.024, 5739.032,109
5739.07, 5739.102, 5739.12, 5739.121, 5739.13, 110
5739.18, 5741.10, 5741.12, 5743.62, 5743.63, 111
5745.03, 5745.04, 5747.122, 5747.221, 5747.39, 112
5749.06, 6109.13, 6109.21, 6111.035, and113
6111.044; to amend, for the purpose of adopting114
new section numbers as indicated in parentheses,115
sections 3317.161 (3317.052), 3317.162 (3317.053),116
5101.19 (329.19), 5101.071 (5101.251), 5101.853117
(5101.851), 5101.854 (5101.853), 5108.06118
(5108.03), 5108.07 (5108.05), 5108.08 (5108.06),119
and 5111.87 (5111.871); to enact new sections120
3318.052, 5101.852, 5108.07, 5108.08, 5111.34,121
5111.87, and 5126.054 and sections 101.302,122
101.303, 101.691, 103.33, 107.24, 340.16, 504.21,123
1502.12, 1513.10, 1521.19, 3125.18, 3302.041,124
3303.01, 3305.061, 3311.058, 3311.062, 3314.072,125
3314.091, 3317.0217, 3318.042, 3318.051, 3318.086,126
3318.363, 3318.50, 3318.51, 3318.52, 3353.11,127
3383.09, 3701.61, 3701.92, 3704.143, 3721.161, 128
3721.162, 3734.821, 3745.10, 3745.15, 3750.081, 129
4117.102, 4503.034, 4504.051, 4715.031, 4723.062,130
4731.573, 4771.22, 4905.87, 5101.5110, 5101.801, 131
5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,132
5111.63, 5111.85, 5111.86, 5111.872, 5111.873,133
5119.611, 5119.612, 5123.044, 5123.045, 5123.046,134
5123.047, 5123.048, 5123.049, 5123.0410,135
5123.0411, 5123.0412, 5123.0413, 5126.035, 136
5126.036, 5126.046, 5126.055, 5126.056, 137
5126.14, 5126.221, 5126.313, 5139.87, and 5153.06;138
to contingently enact section 1309.525; and to139
repeal sections 9.832, 103.31, 103.32, 105.45, 140
105.46, 121.51, 121.52, 121.53, 131.41, 166.032, 141
307.031, 1329.68, 1503.35, 1503.351, 1507.12, 142
1561.10, 1561.53, 1561.54, 1561.55, 2151.652,143
3317.0215, 3318.052, 3318.055, 3318.061, 3318.081, 144
3318.13, 3318.14, 3318.17, 3318.361, 3701.88, 145
3702.17, 3729.01, 3729.02, 3729.03, 3729.05,146
3729.10, 3729.11, 3729.12, 3729.14, 3729.15,147
3729.16, 3729.17, 3729.18, 3729.21, 3729.22,148
3729.23, 3729.24, 3729.26, 3729.29, 3729.36,149
3729.40, 3729.41, 3729.43, 3729.45, 3729.46,150
3729.55, 3729.61, 3729.99, 5101.143, 5101.52,151
5101.541, 5101.542, 5101.543, 5101.851, 5101.852, 152
5111.34, 5111.341, 5111.88, 5126.054, 5139.28, 153
and 5741.18 of the Revised Code; to amend the154
versions of sections 5139.29, 5139.31, and 5705.19 155
and to repeal the version of section 2151.652 of 156
the Revised Code that are scheduled to take effect157
January 1, 2002; and to amend the versions of158
sections 5139.01 and 5139.11 of the Revised Code159
that are scheduled to take effect January 1, 2002,160
and to amend Section 153 of Am. Sub. H.B. 117 of161
the 121st General Assembly, as subsequently162
amended; to amend Section 3 of Am. Sub. H.B. 440163
of the 121st General Assembly, as subsequently164
amended; to amend Section 5 of Am. Sub. S.B. 50 of165
the 121st General Assembly, as subsequently166
amended; to amend Section 3 of Am. Sub. H.B. 215167
of the 122nd General Assembly, as subsequently168
amended; to amend Section 3 of Am. Sub. H.B. 621169
of the 122nd General Assembly, as subsequently170
amended; to amend Sections 6.02, 9, 21.01, and 23 171
of Am. Sub. H.B. 640 of the 123rd General172
Assembly; to amend Sections 6.01 and 18 of Am.173
Sub. H.B. 640 of the 123rd General Assembly, as174
subsequently amended; to amend Section 9 of Am.175
Sub. S.B. 192 of the 123rd General Assembly; to176
amend Section 18 of Am. Sub. S.B. 192 of the 123rd177
General Assembly, as subsequently amended; to178
amend Section 4 of Am. S.B. 210 of the 123rd179
General Assembly; to amend Sections 9a and 28.43 180
of Sub. S.B. 245 of the 123rd General Assembly; to181
amend Section 129 of Am. Sub. H.B. 283 of the182
123rd General Assembly; to amend Section 1 of Sub.183
H.B. 574 of the 123rd General Assembly; to amend184
Sections 10 and 13 of Am. Sub. S.B. 287 of the185
123rd General Assembly; to repeal Section 4 of Am.186
Sub. H.B. 478 of the 119th General Assembly, as187
subsequently amended; to repeal Section 18 of Am.188
Sub. H.B. 650 of the 122nd General Assembly, as189
subsequently amended; to repeal Section 17 of Am.190
Sub. H.B. 282 of the 123rd General Assembly, as191
subsequently amended; to repeal Section 180 of Am 192
Sub. H.B. 283 of the 123rd General Assembly; to 193
repeal Section 9 of Sub. S.B. 245 of the 123rd 194
General Assembly; to repeal Section 15 of Am. Sub. 195
S.B. 287 of the 123rd General Assembly; and to196
repeal Section 201 of this act on January 16, 197
2002, to make operating appropriations for the 198
biennium beginning July 1, 2001, and ending June 199
30, 2003, to provide authorization and conditions 200
for the operation of state programs, to amend 201
sections 1517.05, 1517.06, and 1517.07 of the 202
Revised Code effective two years after their 203
effective date in this act to terminiate certain 204
amendments made to those sections by this act, and 205
to provide that the provisions of this act 206
relative to the practices of orthotics, 207
prosthetics, and pedorthics terminate on December208
31, 2004, when sections 4779.01, 4779.02, 4779.16, 209
4779.19, 4779.20, and 4779.26 of the Revised Code 210
are repealed on that date.211


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

       Section 1. That sections 9.03, 9.06, 9.821, 9.822, 101.15,212
101.27, 101.30, 101.311, 101.34, 101.37, 101.72, 101.73, 102.02, 213
102.03, 102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18, 214
111.23, 111.25, 118.08, 120.06, 120.16, 120.26, 120.33, 121.40,215
121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 124.82, 125.22,216
126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 135.80, 217
135.81, 135.82, 135.83, 135.84, 135.85, 135.86, 135.87, 140.01, 218
145.01, 145.33, 147.01, 147.02, 147.03, 147.05, 147.06, 147.13,219
147.14, 147.37, 147.371, 151.04, 166.03, 169.01, 173.35, 173.40,220
173.46, 173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03,221
179.04, 181.51, 181.52, 181.54, 181.55, 181.56, 183.09, 183.10,222
183.17, 183.28, 183.30, 301.27, 307.86, 313.091, 325.071, 329.04, 223
329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01, 503.162,224
504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63, 901.81,225
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,226
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,227
1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01, 1501.23,228
1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08, 1509.11, 229
1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1517.05, 1517.06, 230
1517.07, 1521.04, 1531.35, 1533.13, 1547.67, 1561.05, 1561.07, 231
1561.11, 1561.12, 1561.13, 1561.14, 1561.15, 1561.16, 1561.17, 232
1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 1561.23, 1561.26, 233
1561.35, 1561.351, 1561.46, 1561.51, 1561.52, 1563.13, 1565.04, 234
1565.06, 1565.07, 1565.08, 1565.25, 1701.05, 1701.07, 1701.81, 235
1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15, 236
1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55, 237
1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63, 238
1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26, 239
1907.24, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,240
2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 3109.14, 241
3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05, 3311.057,242
3313.201, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08,243
3314.09, 3316.20, 3317.01, 3317.012, 3317.013, 3317.014, 3317.02,244
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0210, 245
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051, 246
3317.06, 3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161, 247
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.05, 3318.053, 248
3318.06, 3318.08, 3318.10, 3318.12, 3318.31, 3318.36, 3318.362, 249
3318.37, 3318.38, 3319.19, 3321.01, 3323.09, 3323.091, 3327.10,250
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21, 3333.22,251
3345.05, 3345.19, 3353.07, 3383.01, 3383.02, 3383.04, 3383.07,252
3505.063, 3701.04, 3701.142, 3701.77, 3701.771, 3701.772, 253
3702.68, 3704.034, 3721.10, 3721.12, 3721.13, 3721.15, 3721.16,254
3721.17, 3721.51, 3721.56, 3722.01, 3722.15, 3722.16, 3734.28, 255
3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014, 3745.04,256
3745.11, 3745.22, 3750.02, 3750.13, 3769.08, 3769.085, 3769.087, 257
3769.20, 3770.06, 3773.56, 3793.04, 3902.23, 3923.28, 3923.29, 258
3923.30, 4105.17, 4115.10, 4121.44, 4123.27, 4301.12, 4301.17, 259
4301.24, 4301.422, 4301.43, 4303.33, 4303.331, 4503.10, 4503.102, 260
4503.12, 4503.182, 4504.05, 4505.061, 4506.08, 4507.23, 4507.24, 261
4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69,262
4701.10, 4701.16, 4707.01, 4707.011, 4707.02, 4707.03, 4707.04, 263
4707.05, 4707.06, 4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 264
4707.10, 4707.11, 4707.111, 4707.12, 4707.13, 4707.15, 4707.152, 265
4707.16, 4707.19, 4707.20, 4707.21, 4707.23, 4707.99, 4713.10, 266
4715.03, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27,267
4717.02, 4717.07, 4717.08, 4717.09, 4723.08, 4723.32, 4723.79, 268
4725.44, 4725.48, 4725.49, 4731.14, 4731.281, 4731.53, 4734.20, 269
4736.12, 4736.14, 4743.05, 4755.01, 4761.05, 4775.01, 4775.02, 270
4775.08, 4775.99, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20, 271
4779.26, 4911.17, 4921.18, 4923.11, 5101.071, 5101.14, 5101.141,272
5101.145, 5101.184, 5101.19, 5101.35, 5101.36, 5101.50, 5101.521, 273
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031, 274
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314, 5103.0316, 275
5103.07, 5104.32, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18, 276
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,277
5111.022, 5111.041, 5111.17, 5111.22, 5111.231, 5111.25,278
5111.251, 5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06,279
5119.22, 5119.61, 5122.31, 5123.01, 5123.041, 5123.043, 280
5123.082, 5123.60, 5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 281
5126.05, 5126.051, 5126.053, 5126.06, 5126.071, 5126.08, 5126.11, 282
5126.12, 5126.15, 5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 283
5126.25, 5126.31, 5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 284
5139.11, 5139.29, 5139.31, 5153.16, 5153.165, 5153.60, 5153.69, 285
5153.78, 5703.17, 5703.49, 5705.091, 5705.19, 5705.41, 5705.44,286
5709.17, 5711.33, 5721.30, 5725.31, 5727.25, 5727.26, 5727.81,287
5727.811, 5727.82, 5727.84, 5727.85, 5727.86, 5727.87, 5728.08,288
5729.07, 5731.21, 5733.02, 5733.021, 5733.053, 5733.056, 5733.06, 289
5733.12, 5733.122, 5733.18, 5733.351, 5733.401, 5733.42, 5735.06, 290
5735.061, 5739.01, 5739.02, 5739.024, 5739.032, 5739.07, 5739.102, 291
5739.12, 5739.121, 5739.13, 5739.18, 5741.10, 5741.12, 5743.62, 292
5743.63, 5745.03, 5745.04, 5747.122, 5747.221, 5747.39, 5749.06, 293
6109.13, 6109.21, 6111.035, and 6111.044 be amended; sections 294
3317.161 (3317.052), 3317.162 (3317.053), 5101.19 (329.19), 295
5101.071 (5101.251), 5101.853 (5101.851), 5101.854 (5101.853), 296
5108.06 (5108.03), 5108.07 (5108.05), 5108.08 (5108.06), and 297
5111.87 (5111.871) be amended for the purpose of adopting new 298
section numbers as indicated in parentheses; new sections 299
3318.052, 5101.852, 5108.07, 5108.08, 5111.34, 5111.87, and 300
5126.054 and sections 101.302, 101.303, 101.691, 103.33, 107.24, 301
340.16, 504.21, 1502.12, 1513.10, 1521.19, 3125.18, 3302.041, 302
3303.01, 3305.061, 3311.058, 3311.062, 3314.072, 3314.091, 303
3317.0217, 3318.042, 3318.051, 3318.086, 3318.363, 3318.50,304
3318.51, 3318.52, 3353.11, 3383.09, 3701.61, 3701.92, 3704.143, 305
3721.161, 3721.162, 3734.821, 3745.10, 3745.15, 3750.081, 306
4117.102, 4503.034, 4504.051, 4715.031, 4723.062, 4731.573, 307
4771.22, 4905.87, 5101.5110, 5101.801, 5101.821, 5111.0110,308
5111.042, 5111.081, 5111.171, 5111.63, 5111.85, 5111.86, 309
5111.872, 5111.873, 5119.611, 5119.612, 5123.044, 5123.045, 310
5123.046, 5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, 311
5123.0412, 5123.0413, 5126.035, 5126.036, 5126.046, 5126.055, 312
5126.056, 5126.14, 5126.221, 5126.313, 5139.87, and 5153.06 be313
enacted; and section 1309.525 of the Revised Code contingently be 314
enacted to read as follows:315

       Sec. 9.03.  (A) As used in this section, "political316
subdivision" means any body corporate and politic, except a317
municipal corporation that has adopted a charter under Section 7318
of Article XVIII, Ohio Constitution, and except a county that has319
adopted a charter under Sections 3 and 4 of Article X, Ohio320
Constitution, to which both of the following apply:321

       (1) It is responsible for governmental activities only in a322
geographic area smaller than the state.323

       (2) It is subject to the sovereign immunity of the state.324

       (B) Except as otherwise provided in division (C) of this325
section, the governing body of a political subdivision may use326
public funds to publish and distribute newsletters, or to use any327
other means, to communicate information about the plans, policies,328
and operations of the political subdivision to members of the329
public within the political subdivision and to other persons who330
may be affected by the political subdivision.331

       (C) Except as otherwise provided in division (A)(5)(7) of332
section 340.03 or division (A)(12) of section 340.033 of the333
Revised Code, no governing body of a political subdivision shall334
use public funds to do any of the following:335

       (1) Publish, distribute, or otherwise communicate336
information that does any of the following:337

       (a) Contains defamatory, libelous, or obscene matter;338

       (b) Promotes alcoholic beverages, cigarettes or other339
tobacco products, or any illegal product, service, or activity;340

       (c) Promotes illegal discrimination on the basis of race,341
color, religion, national origin, handicap, age, or ancestry;342

       (d) Supports or opposes any labor organization or any action343
by, on behalf of, or against any labor organization;344

       (e) Supports or opposes the nomination or election of a345
candidate for public office, the investigation, prosecution, or346
recall of a public official, or the passage of a levy or bond347
issue.348

       (2) Compensate any employee of the political subdivision for349
time spent on any activity to influence the outcome of an election350
for any of the purposes described in division (C)(1)(e) of this351
section. Division (C)(2) of this section does not prohibit the352
use of public funds to compensate an employee of a political353
subdivision for attending a public meeting to present information354
about the political subdivision's finances, activities, and355
governmental actions in a manner that is not designed to influence356
the outcome of an election or the passage of a levy or bond issue,357
even though the election, levy, or bond issue is discussed or358
debated at the meeting.359

       (D) Nothing in this section prohibits or restricts any360
political subdivision from sponsoring, participating in, or doing361
any of the following:362

       (1) Charitable or public service advertising that is not363
commercial in nature;364

       (2) Advertising of exhibitions, performances, programs,365
products, or services that are provided by employees of a366
political subdivision or are provided at or through premises owned367
or operated by a political subdivision;368

       (3) Licensing an interest in a name or mark that is owned or369
controlled by the political subdivision.370

       (E) As used in this section, "cigarettes" and "tobacco371
product" have the same meanings as in section 5743.01 of the372
Revised Code.373

       Sec. 9.06.  (A)(1) The department of rehabilitation and374
correction shall contract for the private operation and management375
pursuant to this section of the initial intensive program prison376
established pursuant to section 5120.033 of the Revised Code and377
may contract for the private operation and management of any other378
facility under this section. Counties and municipal corporations379
to the extent authorized in sections 307.93, 341.35, 753.03, and380
753.15 of the Revised Code, may contract for the private operation381
and management of a facility under this section. A contract382
entered into under this section shall be for an initial term of383
not more than two years, with an option to renew for additional384
periods of two years.385

       (2) Not later than December 31, 1998, theThe department of386
rehabilitation and correction, by rule, shall adopt minimum387
criteria and specifications that a person or entity, other than a388
person or entity that satisfies the criteria set forth in division389
(A)(3)(a) of this section and subject to division (I) of this390
section, must satisfy in order to apply to operate and manage as a391
contractor pursuant to this section the initial intensive program392
prison established pursuant to section 5120.033 of the Revised393
Code.394

       (3) Subject to division (I) of this section, any person or395
entity that applies to operate and manage a facility as a396
contractor pursuant to this section shall satisfy one or more of397
the following criteria:398

       (a) The person or entity is accredited by the American399
correctional association and, at the time of the application,400
operates and manages one or more facilities accredited by the401
American correctional association.402

       (b) The person or entity satisfies all of the minimum403
criteria and specifications adopted by the department of404
rehabilitation and correction pursuant to division (A)(2) of this405
section, provided that this alternative shall be available only in406
relation to the initial intensive program prison established407
pursuant to section 5120.033 of the Revised Code.408

       (4) Subject to division (I) of this section, before a public409
entity may enter into a contract under this section, the410
contractor shall convincingly demonstrate to the public entity411
that it can operate the facility with the inmate capacity required412
by the public entity and provide the services required in this413
section and realize at least a five per cent savings over the414
projected cost to the public entity of providing these same415
services to operate the facility that is the subject of the416
contract. No out-of-state prisoners may be housed in any facility417
that is the subject of a contract entered into under this section.418

       (B) Subject to division (I) of this section, any contract419
entered into under this section shall include all of the420
following:421

       (1) A requirement that the contractor retain the422
contractor's accreditation from the American correctional423
association throughout the contract term or, if the contractor424
applied pursuant to division (A)(3)(b) of this section, continue425
complying with the applicable criteria and specifications adopted426
by the department of rehabilitation and correction pursuant to427
division (A)(2) of this section;428

       (2) A requirement that all of the following conditions be429
met:430

       (a) The contractor begins the process of accrediting the431
facility with the American correctional association no later than432
sixty days after the facility receives its first inmate.433

       (b) The contractor receives accreditation of the facility434
within twelve months after the date the contractor applies to the435
American correctional association for accreditation.436

       (c) Once the accreditation is received, the contractor437
maintains it for the duration of the contract term.438

       (d) If the contractor does not comply with divisions439
(B)(2)(a) to (c) of this section, the contractor is in violation440
of the contract, and the public entity may revoke the contract at441
its discretion.442

       (3) A requirement that the contractor comply with all rules443
promulgated by the department of rehabilitation and correction444
that apply to the operation and management of correctional445
facilities, including the minimum standards for jails in Ohio and446
policies regarding the use of force and the use of deadly force,447
although the public entity may require more stringent standards,448
and comply with any applicable laws, rules, or regulations of the449
federal, state, and local governments, including, but not limited450
to, sanitation, food service, safety, and health regulations. The451
contractor shall be required to send copies of reports of452
inspections completed by the appropriate authorities regarding453
compliance with rules and regulations to the director of454
rehabilitation and correction or the director's designee and, if455
contracting with a local public entity, to the governing authority456
of that entity.457

       (4) A requirement that the contractor report for458
investigation all crimes in connection with the facility to the459
public entity, to all local law enforcement agencies with460
jurisdiction over the place at which the facility is located, and,461
for a crime committed at a state correctional institution, to the462
state highway patrol;463

       (5) A requirement that the contractor immediately report all464
escapes from the facility, and the apprehension of all escapees,465
by telephone and in writing to all local law enforcement agencies466
with jurisdiction over the place at which the facility is located,467
to the prosecuting attorney of the county in which the facility is468
located, to the state highway patrol, to a daily newspaper having469
general circulation in the county in which the facility is470
located, and, if the institutionfacility is a state correctional471
institution, to the department of rehabilitation and correction.472
The written notice may be by either facsimile transmission or473
mail. A failure to comply with this requirement regarding an474
escape is a violation of section 2921.22 of the Revised Code.475

       (6) A requirement that, if the facility is a state476
correctional institution, the contractor provide a written report477
within specified time limits to the director of rehabilitation and478
correction or the director's designee of all unusual incidents at479
the facility as defined in rules promulgated by the department of480
rehabilitation and correction or, if the facility is a local481
correctional institution, that the contractor provide a written482
report of all unusual incidents at the facility to the governing483
authority of the local public entity;484

       (7) A requirement that the contractor maintain proper485
control of inmates' personal funds pursuant to rules promulgated486
by the department of rehabilitation and correction, for state487
correctional institutions, or pursuant to the minimum standards488
for jails along with any additional standards established by the489
local public entity, for local correctional institutions, and that490
records pertaining to these funds be made available to491
representatives of the public entity for review or audit;492

       (8) A requirement that the contractor prepare and distribute493
to the director of rehabilitation and correction or, if494
contracting with a local public entity, to the governing authority495
of the local entity, annual budget income and expenditure496
statements and funding source financial reports;497

       (9) A requirement that the public entity appoint and498
supervise a full-time contract monitor, that the contractor499
provide suitable office space for the contract monitor at the500
facility, and that the contractor allow the contract monitor501
unrestricted access to all parts of the facility and all records502
of the facility except the contractor's financial records;503

       (10) A requirement that if the facility is a state504
correctional institution, designated department of rehabilitation505
and correction staff members be allowed access to the facility in506
accordance with rules promulgated by the department;507

       (11) A requirement that the contractor provide internal and508
perimeter security as agreed upon in the contract;509

       (12) If the facility is a state correctional institution, a510
requirement that the contractor impose discipline on inmates511
housed in a state correctional institution, only in accordance512
with rules promulgated by the department of rehabilitation and513
correction;514

       (13) A requirement that the facility be staffed at all times515
with a staffing pattern approved by the public entity and adequate516
both to ensure supervision of inmates and maintenance of security517
within the facility, and to provide for programs, transportation,518
security, and other operational needs. In determining security519
needs, the contractor shall be required to consider, among other520
things, the proximity of the facility to neighborhoods and521
schools.522

       (14) If the contract is with a local public entity, a523
requirement that the contractor provide services and programs,524
consistent with the minimum standards for jails promulgated by the525
department of rehabilitation and correction under section 5120.10526
of the Revised Code;527

       (15) A clear statement that no immunity from liability528
granted to the state, and no immunity from liability granted to529
political subdivisions under Chapter 2744. of the Revised Code,530
shall extend to the contractor or any of the contractor's531
employees;532

       (16) A statement that all documents and records relevant to533
the facility shall be maintained in the same manner required for,534
and subject to the same laws, rules, and regulations as apply to,535
the records of the public entity;536

       (17) Authorization for the public entity to impose a fine on537
the contractor from a schedule of fines included in the contract538
for the contractor's failure to perform its contractual duties, or539
to cancel the contract, as the public entity considers540
appropriate. If a fine is imposed, the public entity may reduce541
the payment owed to the contractor pursuant to any invoice in the542
amount of the imposed fine.543

       (18) A statement that all services provided or goods544
produced at the facility shall be subject to the same regulations,545
and the same distribution limitations, as apply to goods and546
services produced at other correctional institutions;547

       (19) Authorization for the department to establish one or548
more prison industries at a facility operated and managed by a549
contractor for the department;550

       (20) A requirement that, if the facility is an intensive551
program prison established pursuant to section 5120.033 of the552
Revised Code, the facility shall comply with all criteria for553
intensive program prisons of that type that are set forth in that554
section;555

       (21) If the institution is a state correctional institution,556
a requirement that the contractor provide clothing for all inmates557
housed in the facility that is conspicuous in its color, style, or558
color and style, that conspicuously identifies its wearer as an559
inmate, and that is readily distinguishable from clothing of a560
nature that normally is worn outside the facility by non-inmates,561
that the contractor require all inmates housed in the facility to562
wear the clothing so provided, and that the contractor not permit563
any inmate, while inside or on the premises of the facility or564
while being transported to or from the facility, to wear any565
clothing of a nature that does not conspicuously identify its566
wearer as an inmate and that normally is worn outside the facility567
by non-inmates.568

       (C) No contract entered into under this section may require,569
authorize, or imply a delegation of the authority or570
responsibility of the public entity to a contractor for any of the571
following:572

       (1) Developing or implementing procedures for calculating573
inmate release and parole eligibility dates and recommending the574
granting or denying of parole, although the contractor may submit575
written reports that have been prepared in the ordinary course of576
business;577

       (2) Developing or implementing procedures for calculating578
and awarding earned credits, approving the type of work inmates579
may perform and the wage or earned credits, if any, that may be580
awarded to inmates engaging in suchthat work, and granting,581
denying, or revoking earned credits;582

       (3) For inmates serving a term imposed for a felony offense583
committed prior to July 1, 1996, or for a misdemeanor offense,584
developing or implementing procedures for calculating and awarding585
good time, approving the good time, if any, that may be awarded to586
inmates engaging in work, and granting, denying, or revoking good587
time;588

       (4) For inmates serving a term imposed for a felony offense589
committed on or after July 1, 1996, extending an inmate's term590
pursuant to the provisions of law governing bad time;591

       (5) Classifying an inmate or placing an inmate in a more or592
a less restrictive custody than the custody ordered by the public593
entity;594

       (6) Approving inmates for work release;595

       (7) Contracting for local or long distance telephone596
services for inmates or receiving commissions from suchthose597
services at a facility that is owned by or operated under a598
contract with the department.599

       (D) A contractor that has been approved to operate a600
facility under this section, and a person or entity that enters601
into a contract for specialized services, as described in division602
(I) of this section, relative to an intensive program prison603
established pursuant to section 5120.033 of the Revised Code to be604
operated by a contractor that has been approved to operate the605
prison under this section, shall provide an adequate policy of606
insurance specifically including, but not limited to, insurance607
for civil rights claims as determined by a risk management or608
actuarial firm with demonstrated experience in public liability609
for state governments. The insurance policy shall provide that610
the state, including all state agencies, and all political611
subdivisions of the state with jurisdiction over the facility or612
in which a facility is located are named as insured, and that the613
state and its political subdivisions shall be sent any notice of614
cancellation. The contractor may not self-insure.615

       A contractor that has been approved to operate a facility616
under this section, and a person or entity that enters into a617
contract for specialized services, as described in division (I) of618
this section, relative to an intensive program prison established619
pursuant to section 5120.033 of the Revised Code to be operated by620
a contractor that has been approved to operate the prison under621
this section, shall indemnify and hold harmless the state, its622
officers, agents, and employees, and any local government entity623
in the state having jurisdiction over the facility or ownership of624
the facility, shall reimburse the state for its costs in defending625
the state or any of its officers, agents, or employees, and shall626
reimburse any local government entity of that nature for its costs627
in defending the local government entity, from all of the628
following:629

       (1) Any claims or losses for services rendered by the630
contractor, person, or entity performing or supplying services in631
connection with the performance of the contract;632

       (2) Any failure of the contractor, person, or entity or its633
officers or employees to adhere to the laws, rules, regulations,634
or terms agreed to in the contract;635

       (3) Any constitutional, federal, state, or civil rights636
claim brought against the state related to the facility operated637
and managed by the contractor;638

       (4) Any claims, losses, demands, or causes of action arising639
out of the contractor's, person's, or entity's activities in this640
state;641

       (5) Any attorney's fees or court costs arising from any642
habeas corpus actions or other inmate suits that may arise from643
any event that occurred at the facility or was a result of such an644
event, or arise over the conditions, management, or operation of645
the facility, which fees and costs shall include, but not be646
limited to, attorney's fees for the state's representation and for647
any court-appointed representation of any inmate, and the costs of648
any special judge who may be appointed to hear suchthose actions649
or suits.650

       (E) Private correctional officers of a contractor operating651
and managing a facility pursuant to a contract entered into under652
this section may carry and use firearms in the course of their653
employment only after being certified as satisfactorily completing654
an approved training program as described in division (A) of655
section 109.78 of the Revised Code.656

       (F) Upon notification by the contractor of an escape from,657
or of a disturbance at, the facility that is the subject of a658
contract entered into under this section, the department of659
rehabilitation and correction and state and local law enforcement660
agencies shall use all reasonable means to recapture escapees or661
quell any disturbance. Any cost incurred by the state or its662
political subdivisions relating to the apprehension of an escapee663
or the quelling of a disturbance at the facility shall be664
chargeable to and borne by the contractor. The contractor shall665
also reimburse the state or its political subdivisions for all666
reasonable costs incurred relating to the temporary detention of667
the escapee following recapture.668

       (G) Any offense that would be a crime if committed at a669
state correctional institution or jail, workhouse, prison, or670
other correctional facility shall be a crime if committed by or671
with regard to inmates at facilities operated pursuant to a672
contract entered into under this section.673

       (H) A contractor operating and managing a facility pursuant674
to a contract entered into under this section shall pay any inmate675
workers at the facility at the rate approved by the public entity.676
Inmates working at the facility shall not be considered employees677
of the contractor.678

       (I) In contracting for the private operation and management679
pursuant to division (A) of this section of the initial intensive680
program prison established pursuant to section 5120.033 of the681
Revised Code or of any other intensive program prison established682
pursuant to that section, the department of rehabilitation and683
correction may enter into a contract with a contractor for the684
general operation and management of the prison and may enter into685
one or more separate contracts with other persons or entities for686
the provision of specialized services for persons confined in the687
prison, including, but not limited to, security or training688
services or medical, counseling, educational, or similar treatment689
programs. If, pursuant to this division, the department enters690
into a contract with a contractor for the general operation and691
management of the prison and also enters into one or more692
specialized service contracts with other persons or entities, all693
of the following apply:694

       (1) The contract for the general operation and management695
shall comply with all requirements and criteria set forth in this696
section, and all provisions of this section apply in relation to697
the prison operated and managed pursuant to the contract.698

       (2) Divisions (A)(2), (B), and (C) of this section do not699
apply in relation to any specialized services contract, except to700
the extent that the provisions of those divisions clearly are701
relevant to the specialized services to be provided under the702
specialized services contract. Division (D) of this section703
applies in relation to each specialized services contract.704

       (J) As used in this section:705

       (1) "Public entity" means the department of rehabilitation706
and correction, or a county or municipal corporation or a707
combination of counties and municipal corporations, that has708
jurisdiction over a facility that is the subject of a contract709
entered into under this section.710

       (2) "Local public entity" means a county or municipal711
corporation, or a combination of counties and municipal712
corporations, that has jurisdiction over a jail, workhouse, or713
other correctional facility used only for misdemeanants that is714
the subject of a contract entered into under this section.715

       (3) "Governing authority of a local public entity" means, for716
a county, the board of county commissioners; for a municipal717
corporation, the legislative authority; for a combination of718
counties and municipal corporation, all the boards of county719
commissioners and municipal legislative authorities that joined to720
create the facility.721

       (4) "Contractor" means a person whoor entity that enters722
into a contract under this section to operate and manage a jail,723
workhouse, or other correctional facility.724

       (5) "Facility" means the specific county, multicounty,725
municipal, municipal-county, or multicounty-municipal jail,726
workhouse, prison, or other type of correctional institution or727
facility used only for misdemeanants, or a state correctional728
institution, that is the subject of a contract entered into under729
this section.730

       (6) "Person or entity" in the case of a contract for the731
private operation and management of a state correctional732
institution, includes an employee organization, as defined in733
section 4117.01 of the Revised Code, that represents employees at734
state correctional institutions.735

       Sec. 9.821.  (A) The department of administrative services736
shall direct and manage for state agencies all risk management and737
insurance programs authorized under section 9.822 of the Revised738
Code.739

       (B) The office of risk management is hereby established740
within the department of administrative services. The director of741
administrative services, or a deputy director appointed by the742
director, shall control and supervise the office.743

       (C) The office may take any of the following actions that it744
determines to be in the best interests of the state:745

       (1) Provide all insurance coverages for the state,746
including, but not limited to, automobile liability, casualty,747
property, public liability, and, except as provided in division748
(C)(6) of this section, fidelity bond insurance;. The cost of749
insurance coverage shall be paid from appropriations made to the750
state agencies that the office has designated to receive the751
coverage.752

       (2) Provide coverage of legal expenses that are necessary753
and related to the legal defense of claims against the state;754

       (3) Purchase insurance policies consistent with sections755
125.01 to 125.111 of the Revised Code, develop and administer756
self-insurance programs, or do both;757

       (4) Consolidate and combine state insurance coverages;758

       (5) Provide technical services in risk management and759
insurance to state agencies;760

       (6)(a) Establish and administer a self-insured fidelity bond761
program for a particular class or subclass of state officer,762
employee, or agent, if, prior to the establishment and763
administration of this program, the director does both of the764
following:765

       (i) Holds a hearing in accordance with Chapter 119. of the766
Revised Code to determine whether fidelity bond insurance for that767
particular class or subclass of state officer, employee, or agent768
is available in the voluntary market;769

       (ii) If, as a result of that hearing, the director770
determines that fidelity bond insurance for a particular class or771
subclass of state officer, employee, or agent is unavailable in772
the voluntary market and that the absence of this insurance773
threatens the operation of state government and will be774
detrimental to the general welfare of the citizens of this state,775
adopts rules in accordance with Chapter 119. of the Revised Code776
to establish standards and procedures governing the establishment,777
administration, and termination of the fidelity bond program for778
that particular class or subclass of state officer, employee, or779
agent.780

       (b) Division (C)(6)(a) of this section does not apply to any781
self-insured blanket fidelity bond program that, on the effective782
date of this sectionSeptember 20, 1993, has been established783
pursuant to section 9.831 or 9.832 of the Revised Code.784

       (7) Except as provided in division (C)(6) of this section,785
adopt and publish, in accordance with section 111.15 of the786
Revised Code, necessary rules and procedures governing the787
administration of the state's insurance and risk management788
activities.789

       (D) No state agency, except a state agency exempted under790
section 125.02 or 125.04 of the Revised Code from the department's791
purchasing authority, shall purchase any insurance described in792
this section except as authorized by the department and in793
accordance with terms, conditions, and procurement methods794
established by the department.795

       (E) With respect to any civil action, demand, or claim796
against the state that could be filed in the court of claims,797
nothing in sections 9.82 to 9.823 of the Revised Code shall be798
interpreted to permit the settlement or compromise of those civil799
actions, demands, or claims, except in the manner provided in800
Chapter 2743. of the Revised Code.801

       Sec. 9.822.  (A) The department of administrative services802
through the office of risk management shall establish an insurance803
plan or plans, whichthat may provide for self-insurance or the804
purchase of insurance, or both, for any of the following purposes:805

       (1) Insuring state real and personal property against losses806
occasioned by fire, windstorm, or other accidents and perils;807

       (2) Insuring the state and its officers and employees808
against liability resulting from any civil action, demand, or809
claim against the state or its officers and employees arising out810
of any act or omission of an officer or employee in the811
performance of hisofficial duties, except acts and omissions for812
which indemnification is prohibited under section 9.87 of the813
Revised Code;814

       (3) Insuring the state through the fidelity bonding of state815
officers, employees, and agents who are required by law to provide816
a fidelity bond.817

       (B)(1) Prior to the establishment of any self-insured818
fidelity bond program for a particular class or subclass of state819
officer, employee, or agent authorized pursuant to division (A)(3)820
of this section, the director of administrative services shall821
follow the procedures for holding a hearing and adopting rules set822
forth in division (C)(6)(a) of section 9.821 of the Revised Code.823

       (2) Division (B)(1) of this section does not apply to any824
self-insured blanket fidelity bond program that, on the effective825
date of this sectionSeptember 20, 1993, has been established826
pursuant to section 9.831 or 9.832 of the Revised Code.827

       (3) The director shall prepare annually a written report828
detailing any self-insured fidelity bond program established829
pursuant to division (A)(3) of this section. The report shall830
include, but is not limited to, information relating to premiums831
collected, income from recovery, loss experience, and832
administrative costs of the program. A copy of the report,833
together with a copy of those portions of the most recent reports834
submitted under division (D) of section 9.823 of the Revised Code835
and pertainingthat pertain to any such self-insured fidelity bond836
program, shall be submitted to the speaker of the house of837
representatives and the president of the senate by the firstlast838
day of SeptemberMarch of each year.839

       Sec. 101.15.  (A) As used in this section:840

       (1) "Caucus" means all of the members of either house of the841
general assembly who are members of the same political party.842

       (2) "Committee" means any committee of either house of the843
general assembly, a joint committee of both houses of the general844
assembly, including a committee of conference, or a subcommittee845
of any committee listed in division (A)(2) of this section.846

       (3) "Meeting" means any prearranged discussion of the public847
business of a committee by a majority of its members.848

       (B) Except as otherwise provided in division (F) of this849
section, all meetings of any committee are declared to be public850
meetings open to the public at all times. The secretary assigned851
to the chairperson of the committee shall prepare, file, and852
maintain the minutes of every regular or special meeting of a853
committee. The committee, at its next regular or special meeting,854
shall approve the minutes prepared, filed, and maintained by the855
secretary, or, if the minutes prepared, filed, and maintained by856
the secretary require correction before their approval, the857
committee shall correct and approve the minutes at the next858
following regular or special meeting. The committee shall make859
the minutes available for public inspection not later than seven860
days after the meeting the minutes reflect or not later than the861
committee's next regular or special meeting, whichever occurs862
first.863

       (C) Each committee shall establish by rule a reasonable864
method whereby any person may determine the time and place of all865
regularly scheduled meetings and the time, place, and purpose of866
all special meetings. No committee shall hold a regular or867
special meeting unless it gives at least twenty-four hours'868
advance notice to the news media that have requested notification.869

       The rulemethod established by each committee shall provide870
that, upon request and payment of a reasonable fee, any person may871
obtain reasonable advance notification of all meetings at which872
any specific type of public business will be discussed. Provisions873
for advance notification may include, but are not limited to,874
mailing the agenda of meetings to all subscribers on a mailing875
list or mailing notices in self-addressed stamped envelopes876
provided by the person who desires advance notification.877

       (D) Any action of a committee relating to a bill or878
resolution, or any other formal action of a committee, is invalid879
unless taken in an open meeting of the committee. Any action of a880
committee relating to a bill or resolution, or any other formal881
action of a committee, taken in an open meeting is invalid if it882
results from deliberations in a meeting not open to the public.883

       (E)(1) Any person may bring an action to enforce this884
section. An action under this division shall be brought within885
two years after the date of the alleged violation or threatened886
violation. Upon proof of a violation or threatened violation of887
this section in an action brought by any person, the court of888
common pleas shall issue an injunction to compel the members of889
the committee to comply with its provisions.890

       (2)(a) If the court of common pleas issues an injunction891
under division (E)(1) of this section, the court shall order the892
committee that it enjoins to pay a civil forfeiture of five893
hundred dollars to the party that sought the injunction and shall894
award to that party all court costs and, subject to reduction as895
described in this division, reasonable attorney's fees. The896
court, in its discretion, may reduce an award of attorney's fees897
to the party that sought the injunction or not award attorney's898
fees to that party if the court determines both of the following:899

       (i) That, based on the ordinary application of statutory law900
and case law as it existed at the time of the violation or901
threatened violation that was the basis of the injunction, a902
well-informed committee reasonably would believe that the903
committee was not violating or threatening to violate this904
section;905

       (ii) That a well-informed committee reasonably would believe906
that the conduct or threatened conduct that was the basis of the907
injunction would serve the public policy that underlies the908
authority that is asserted as permitting that conduct or909
threatened conduct.910

       (b) If the court of common pleas does not issue an911
injunction under division (E)(1) of this section and the court912
determines at that time that the bringing of the action was913
frivolous conduct as defined in division (A) of section 2323.51 of914
the Revised Code, the court shall award to the committee all court915
costs and reasonable attorney's fees, as determined by the court.916

       (3) Irreparable harm and prejudice to the party that sought917
the injunction shall be conclusively and irrebuttably presumed918
upon proof of a violation or threatened violation of this section.919

       (4) A member of a committee who knowingly violates an920
injunction issued under division (E)(1) of this section may be921
removed from office by an action brought in the court of common922
pleas for that purpose by the prosecuting attorney of Franklin923
county or by the attorney general.924

       (5) The remedies described in divisions (E)(1) to (4) of925
this section shall be the exclusive remedies for a violation of926
this section.927

       (F) This section does not apply to or affect either of the928
following:929

       (1) All meetings of the joint legislative ethics committee930
created under section 101.34 of the Revised Code other than a931
meeting that is held for any of the following purposes:932

       (a) To consider the adoption, amendment, or recission of any933
rule that the joint legislative ethics committee is authorized to934
adopt pursuant to division (B)(11) of section 101.34, division (E)935
of section 101.78, division (B) of section 102.02, or division (E)936
of section 121.68 of the Revised Code;937

       (b) To discuss and consider changes to any administrative938
operation of the joint legislative ethics committee other than any939
matter described in division (G) of section 121.22 of the Revised940
Code;941

       (c) To discuss pending or proposed legislation.942

       (2) Meetings of a caucus.943

       (G) For purposes of division (F)(1)(a) of this section, an944
advisory opinion, written opinion, or decision relative to a945
complaint is not a rule.946

       Sec. 101.27.  (A)(1) Every member of the senate, except the947
members elected president, president pro tempore, assistant948
president pro tempore, majority whip, minority leader, assistant949
minority leader, minority whip, and assistant minority whip, shall950
receive as compensation a salary of fifty-one thousand six951
hundred seventy-four dollars a year during the senator's term of952
office. Every member of the house of representatives, except the953
members elected speaker, speaker pro tempore, majority floor954
leader, assistant majority floor leader, majority whip, assistant955
majority whip, minority leader, assistant minority leader,956
minority whip, and assistant minority whip, shall receive as957
compensation a salary of fifty-one thousand six hundred958
seventy-four dollars a year during the representative's term of959
office. Such salaries shall be paid in equal monthly installments960
during such term. All monthly payments shall be made on or before961
the fifth day of each month. Upon the death of any member of the962
general assembly during the member's term of office, any unpaid963
salary due such member for the remainder of the member's term964
shall be paid to the member's dependent, surviving spouse,965
children, mother, or father, in the order in which the966
relationship is set forth in this section in monthly installments.967

       (2) Each member shall receive a travel allowance968
reimbursement per mile each way, at the same mileage rate allowed969
for the reimbursement of travel expenses of state agents as970
provided by rule of the director of budget and management pursuant971
to division (B) of section 126.31 of the Revised Code, for mileage972
not more than once a week during the session for travel incurred973
by a member from and to the member's place of residence, by the974
most direct highway route of public travel to and from the seat of975
government, to be paid quarterly on the last day of March, June,976
September, and December of each year.977

       (3) The member of the senate elected president and the978
member of the house of representatives elected speaker shall each979
receive as compensation a salary of eighty thousand five hundred980
forty-nine dollars a year during the president's or speaker's term981
of office.982

       The member of the senate elected president pro tempore, the983
member of the senate elected minority leader, the member of the984
house of representatives elected speaker pro tempore, and the985
member of the house of representatives elected minority leader986
shall each receive as compensation a salary of seventy-three987
thousand four hundred ninety-three dollars a year during the988
member's term of office. The member of the house of989
representatives elected majority floor leader and the member of990
the senate elected assistant president pro tempore shall each991
receive as compensation a salary of sixty-nine thousand two992
hundred twenty-seven dollars a year during the member's term of993
office. The member of the senate elected assistant minority994
leader and the member of the house of representatives elected995
assistant minority leader shall each receive as compensation a996
salary of sixty-seven thousand ninety-nine dollars a year during997
the member's term of office. The member of the senate elected998
majority whip and the member of the house of representatives999
elected assistant majority floor leader shall each receive a1000
salary of sixty-four thousand nine hundred sixty-seven dollars a1001
year during the member's term of office. The member of the senate1002
elected minority whip, the member of the house of representatives1003
elected majority whip, and the member of the house of1004
representatives elected minority whip shall each receive as1005
compensation a salary of sixty thousand seven hundred six1006
dollars a year during the member's term of office. The member of1007
the house of representatives elected assistant majority whip shall1008
receive as compensation a salary of fifty-six thousand four1009
hundred forty-three dollars a year during the member's term of1010
office. The member of the house of representatives elected1011
assistant minority whip and the member of the senate elected1012
assistant minority whip shall each receive a salary of fifty-four1013
thousand sixty dollars a year during the member's term of office.1014

       (4) The chairperson of the finance committee of each house1015
shall receive an additional sum of ten thousand dollars annually. 1016
The chairperson of each standing committee of each house other1017
than the finance committee shall receive an additional sum of six1018
thousand five hundred dollars annually. The chairperson of each1019
standing subcommittee of a finance committee shall receive an1020
additional sum of six thousand five hundred dollars annually. 1021
The vice-chairperson of the finance committee of each house shall1022
receive an additional sum of five thousand five hundred dollars1023
annually. The ranking minority member of the finance committee1024
of each house shall receive an additional sum of six thousand1025
five hundred dollars annually. The ranking minority member of1026
each standing subcommittee of a finance committee shall receive an1027
additional sum of five thousand dollars annually. The1028
chairperson of each standing subcommittee of each house other than1029
a standing subcommittee of the finance committee shall receive an1030
additional sum of five thousand dollars annually. The1031
vice-chairperson and ranking minority member of each standing1032
committee of each house other than the finance committee shall1033
each receive an additional sum of five thousand dollars1034
annually. Except for the ranking minority member of each standing1035
subcommittee of a finance committee, the ranking minority member1036
of each standing subcommittee of each house shall receive an1037
additional sum of two thousand five hundred dollars annually.1038

       No member may receive more than one additional sum for1039
serving as chairperson, vice-chairperson, or ranking minority1040
member of a standing committee or standing subcommittee,1041
regardless of the number of standing committees or standing1042
subcommittees on which the member serves as chairperson,1043
vice-chairperson, or ranking minority member.1044

       (5) If a member is absent without leave, or is not excused1045
on the member's return, there shall be deducted from the member's1046
compensation twenty dollars for each day's absence.1047

       (B) Each calendar year from 2002 through 2008, the salary1048
amounts under divisions (A)(1) and (3) of this section shall be1049
increased by the lesser of the following:1050

       (1) Three per cent;1051

       (2) The percentage increase, if any, in the consumer price1052
index over the twelve-month period that ends on the thirtieth day1053
of September of the immediately preceding year, rounded to the1054
nearest one-tenth of one per cent.1055

       (C) As used in this section:1056

       (1) "Consumer price index" means the consumer price index1057
prepared by the United States bureau of labor statistics (U.S.1058
city average for urban wage earners and clerical workers: all1059
items, 1982-1984=100), or, if that index is no longer published, a1060
generally available comparable index.1061

       (2) "Finance committee" means the finance committee of the1062
senate and the finance-appropriations committee of the house of1063
representatives.1064

       Sec. 101.30.  (A) As used in this section and in sections1065
101.302 and 101.303 of the Revised Code:1066

       (1) "Legislative document" includes, but is not limited to,1067
all of the following:1068

       (a) A working paper, work product, correspondence,1069
preliminary draft, note, proposed bill or resolution, proposed1070
amendment to a bill or resolution, analysis, opinion, memorandum,1071
or other document in whatever form or format prepared by1072
legislative staff for a member of the general assembly or for1073
general assembly staff;1074

       (b) Any document or material in whatever form or format1075
provided by a member of the general assembly or general assembly1076
staff to legislative staff that requests, or that provides1077
information or materials to assist in, the preparation of any of1078
the items described in division (A)(1)(a) of this section;1079

       (c) Any summary of a bill or resolution or of an amendment1080
to a bill or resolution in whatever form or format that is1081
prepared by or in the possession of a member of the general1082
assembly or general assembly staff, if the summary is prepared1083
before the bill, resolution, or amendment is filed for1084
introduction or presented at a committee hearing or floor session,1085
as applicable.1086

       (2) "Legislative staff" means the staff of the legislative1087
service commission, legislative budget office of the legislative1088
service commission, or any other legislative agency included in1089
the legislative service commission budget group.1090

       (3) "General assembly staff" means an officer or employee of1091
either house of the general assembly who acts on behalf of a1092
member of the general assembly or on behalf of a committee or1093
either house of the general assembly.1094

       (B)(1) Legislative staff shall maintain a confidential1095
relationship with each member of the general assembly, and with1096
each member of the general assembly staff, with respect to1097
communications between the member of the general assembly or1098
general assembly staff and legislative staff. Except as otherwise1099
provided in this division and division (C) of this section, a1100
legislative document arising out of this confidential relationship1101
is not a public record for purposes of section 149.43 of the1102
Revised Code. When it is in the public interest and with the1103
consent of the commission, the director of the commission may1104
release to the public any legislative document in the possession1105
of the commission staff arising out of a confidential relationship1106
with a former member of the general assembly or former member of1107
the general assembly staff who is not available to make the1108
legislative document a public record as provided in division (C)1109
of this section because of death or disability, whom the director1110
is unable to contact for that purpose, or who fails to respond to1111
the director after the director has made a reasonable number of1112
attempts to make such contact.1113

       (2) Legislative documents that are not public records under1114
divisions (B)(1) and (C) of this section are not subject to1115
subpoena duces tecum. A member of the general assembly, member of1116
the general assembly staff, or member of the legislative staff1117
neither is subject to subpoena or subpoena duces tecum, nor may be1118
compelled to testify, with regard to legislative documents that1119
are not public records under divisions (B)(1) and (C) of this1120
section.1121

       (C)(1) A legislative document is a public record for1122
purposes of section 149.43 of the Revised Code if it is an1123
analysis, synopsis, fiscal note, or local impact statement1124
prepared by legislative staff that is required to be prepared by1125
law, or by a rule of either house of the general assembly, for the1126
benefit of the members of either or both of those houses or any1127
legislative committee and if it has been presented to those1128
members.1129

       (2) A legislative document is a public record for purposes1130
of section 149.43 of the Revised Code if a member of the general1131
assembly for whom legislative staff prepared the legislative1132
document does any of the following:1133

       (a) Files it for introduction with the clerk of the senate1134
or the clerk of the house of representatives, if it is a bill or1135
resolution;1136

       (b) Presents it at a committee hearing or floor session, if1137
it is an amendment to a bill or resolution or is a substitute bill1138
or resolution;1139

       (c) Releases it, or authorizes general assembly staff or1140
legislative staff to release it, to the public.1141

       Sec. 101.302.  A member of the general assembly, a member of1142
the general assembly staff, and a member of the legislative staff,1143
in their respective capacities as such, are not liable in a civil1144
action for any legislative act or duty. In relation to any1145
legislative act or duty, a member of the general assembly, a1146
member of the general assembly staff, or a member of the1147
legislative staff is not subject to subpoena or subpoena duces1148
tecum in a civil action, may not be made party to a civil action,1149
and may not be compelled to testify or to produce tangible1150
evidence in a civil action.1151

       This section is cumulative to Ohio Constitution, Article II,1152
Section 12.1153

       Sec. 101.303.  A member of the legislative staff shall not1154
be compelled to testify or to produce tangible evidence concerning1155
any communication with or any advice or assistance given to a1156
member of the general assembly or a member of the general assembly1157
staff in relation to any legislative act or duty.1158

       Sec. 101.311.  (A) As used in this section, "capitol square"1159
has the same meaning as in section 105.41 of the Revised Code.1160

       (B)(1) The speaker of the house of representatives shall1161
appoint a sergeant at arms for the house of representatives.1162

       (2) The speaker of the house of representatives shall adopt1163
a policy specifying the minimum continuing training required for a1164
person to maintain employment as house sergeant at arms or an1165
assistant house sergeant at arms. The continuing training for the1166
house sergeant at arms if the house sergeant at arms has arrest1167
authority pursuant to division (E)(1) of this section and for all1168
assistant sergeantsergeants at arms shall include firearms1169
requalification under section 109.801 of the Revised Code.1170

       (C)(1) The house sergeant at arms may appoint assistant1171
house sergeants at arms to assist the house sergeant at arms in1172
performing the duties described in divisions (D) and (E) of this1173
section. The house sergeant at arms shall not appoint a person to1174
be an assistant house sergeant at arms unless one of the following1175
applies:1176

       (a) The person previously has been awarded a certificate by1177
the executive director of the Ohio peace officer training1178
commission attesting to the person's satisfactory completion of an1179
approved state, county, municipal, or department of natural1180
resources peace officer basic training program, the person1181
previously has been employed as a peace officer, the prior1182
employment of the person as a peace officer contains no breaks in1183
service of more than one year, and the person has successfully1184
completed a firearms requalification program under section 109.8011185
of the Revised Code.1186

       (b) The person previously has been awarded a certificate by1187
the executive director of the Ohio peace officer training1188
commission attesting to the person's satisfactory completion of an1189
approved state, county, municipal, or department of natural1190
resources peace officer basic training program, the person1191
previously has been employed as a peace officer, the prior1192
employment of the person as a peace officer contains a break in1193
service of one year or more and not more than four years, the1194
person has received all updated training required by the house1195
sergeant at arms, and the person has successfully completed a1196
firearms requalification program under section 109.801 of the1197
Revised Code.1198

       (c) The person previously has been employed as a trooper of1199
the state highway patrol, within one year prior to employment as1200
an assistant house sergeant at arms the person had arrest1201
authority as a trooper of the state highway patrol, and the person1202
has successfully completed a firearms requalification program1203
under section 109.801 of the Revised Code.1204

       (d) The person previously has been employed as a trooper of1205
the state highway patrol, the prior employment as a trooper of the1206
state highway patrol contains a break in service of one year or1207
more and not more than four years, the person has received all1208
updated training required by the house sergeant at arms, and the1209
person has successfully completed a firearms requalification1210
program under section 109.801 of the Revised Code.1211

       (2) In order to maintain employment as the house sergeant at1212
arms or an assistant house sergeant at arms, the sergeant at arms1213
or assistant sergeant at arms shall successfully complete all1214
continuing training programs required by the speaker of the house1215
of representatives under division (B)(2) of this section. If the1216
house sergeant at arms or an assistant house sergeant at arms has1217
a peace officer basic training certificate, or comparable1218
certification issued by another law enforcement agency, the house1219
sergeant at arms or the assistant house sergeant at arms also may1220
complete whatever additional training is needed to maintain that1221
certification. The Ohio peace officer training academy, a state,1222
county, municipal, or department of natural resources training1223
program, or any other program offering continuing training of that1224
nature shall admit the house sergeant at arms or assistant house1225
sergeant at arms to the continuing training program necessary for1226
that sergeant at arms or assistant sergeant at arms to retain that1227
certification.1228

        (3) Any person who has been appointed as the sergeant at1229
arms pursuant to division (B) of this section or as an assistant1230
sergeant at arms pursuant to division (C) of this section on or1231
after the first day of March 2000, and who has received a1232
certificate of completion of basic training programs pursuant to1233
division (D) of section 109.75 of the Revised Code shall be1234
considered a peace officer during the term of the person's1235
appointment as the sergeant at arms or as an assistant sergeant at1236
arms for the purposes of maintaining a current and valid basic1237
training certificate pursuant to rules adopted under section1238
109.74 of the Revised Code. 1239

       (D)(1) The house sergeant at arms shall do all of the1240
following:1241

       (a) Maintain good order in the corridors, committee rooms,1242
and offices of the house of representatives in the vern riffeVern1243
Riffe center, the hall and gallery of the house of1244
representatives, and those areas of the vern riffeVern Riffe1245
center under the exclusive use and control of the house of1246
representatives. This section shall not affect or abridge the1247
authority or responsibility of the state highway patrol.1248

       (b) Strictly enforce the rules of the house of1249
representatives regulating admission of persons to the floor of1250
the house of representatives;1251

       (c) Serve all subpoenas and warrants issued by the house of1252
representatives or any duly authorized officer or committee of the1253
house of representatives;1254

       (d) On order for a call of the house of representatives,1255
arrest or cause to be arrested members of the house of1256
representatives and bring the members into the house of1257
representatives;1258

       (e) Execute or cause to be executed a warrant for the arrest1259
of a person failing to appear or produce a paper or record1260
pursuant to house of representatives subpoena or order pursuant to1261
section 101.43 of the Revised Code and convey the person to the1262
house of representatives. If the house sergeant at arms does not1263
have arrest authority pursuant to division (E)(1) of this section,1264
the house sergeant at arms shall cause the warrant to be executed1265
and the person to be conveyed to the house of representatives.1266

       (f) At the direction of the speaker of the house of1267
representatives, provide security for members of the house of1268
representatives, house of representatives and other legislative1269
employees, and other persons.1270

       (2) While providing security pursuant to division (D)(1)(f)1271
of this section, assistant house sergeants at arms, and the house1272
sergeant at arms if the house sergeant at arms has arrest1273
authority pursuant to division (E)(1) of this section, shall have1274
the same arrest powers as other peace officers to apprehend1275
criminal offenders who endanger or threaten the security of any1276
person being protected, no matter where the arrest occurs. The1277
jurisdiction of an assistant house sergeant at arms and the house1278
sergeant at arms if the house sergeant at arms has arrest1279
authority pursuant to division (E)(1) of this section shall be1280
concurrent with that of peace officers of the county, township, or1281
municipal corporation in which the violation occurs and with the1282
state highway patrol.1283

       (E)(1) The house sergeant at arms has the authority1284
specified under section 2935.03 of the Revised Code for peace1285
officers to enforce all state laws, municipal ordinances, and1286
township resolutions and to make arrests for any violation of1287
those laws, ordinances, and resolutions in all areas identified in1288
division (D)(1)(a) of this section as areas in which the house1289
sergeant at arms is to maintain good order, and while providing1290
security pursuant to division (D)(1)(f) of this section if any of1291
the following apply:1292

       (a) The house sergeant at arms previously has been awarded a1293
certificate by the executive director of the Ohio peace officer1294
training commission attesting to the house sergeant at arm's1295
arms's satisfactory completion of an approved state, county,1296
municipal, or department of natural resources peace officer basic1297
training program, the house sergeant at arms previously has been1298
employed as a peace officer, the prior employment of the house1299
sergeant at arms as a peace officer contains no breaks in service1300
that would require the house sergeant at arms to receive updated1301
training by the Ohio peace officer training academy, and the house1302
sergeant at arms has successfully completed a firearms1303
requalification program under section 109.801 of the Revised Code.1304

       (b) The house sergeant at arms previously has been awarded a1305
certificate by the executive director of the Ohio peace officer1306
training commission attesting to the house sergeant at arm's1307
arms's satisfactory completion of an approved state, county,1308
municipal, or department of natural resources peace officer basic1309
training program, the house sergeant at arms previously has been1310
employed as a peace officer, the prior employment of the house1311
sergeant at arms as a peace officer contains a break in service1312
that would require the house sergeant at arms to receive updated1313
training by the Ohio peace officer training academy, the house1314
sergeant at arms has received that updated training, and the house1315
sergeant at arms has successfully completed a firearms1316
requalification program under section 109.801 of the Revised Code.1317

       (c) The house sergeant at arms previously has been employed1318
as a trooper of the state highway patrol, within one year prior to1319
employment as house sergeant at arms the house sergeant at arms1320
had arrest authority as a trooper of the state highway patrol, and1321
the house sergeant at arms has successfully completed a firearms1322
requalification program under section 109.801 of the Revised Code.1323

       (2) Assistant house sergeants at arms have the authority1324
specified under section 2935.03 of the Revised Code for peace1325
officers to enforce all state laws, municipal ordinances, and1326
township resolutions and to make arrests for any violation of1327
those laws, ordinances, and resolutions in all areas identified in1328
division (D)(1)(a) of this section as areas in which the house1329
sergeant at arms is to maintain good order, and while providing1330
security pursuant to division (D)(1)(f) of this section.1331

       (3) The jurisdiction of the house sergeant at arms, if the1332
house sergeant at arms has arrest authority pursuant to division1333
(E)(1) of this section, and of an assistant house sergeant at arms1334
shall be concurrent with that of peace officers of the county,1335
township, or municipal corporation in which the violation occurs1336
and with the state highway patrol.1337

       (4) If the house sergeant at arms has arrest authority1338
pursuant to division (E)(1) of this section, the speaker of the1339
house of representatives shall issue to the house sergeant at arms1340
a commission indicating the sergeant at arm'sarms's authority to1341
make arrests as provided in this section. The speaker of the1342
house of representatives, upon the recommendation of the house1343
sergeant at arms, shall issue to each assistant house sergeant at1344
arms a commission indicating the assistant sergeant at arm's1345
arms's authority to make arrests as provided in this section. The1346
speaker of the house of representatives shall furnish a suitable1347
badge to the house sergeant at arms, if the house sergeant at arms1348
has arrest authority under division (E)(1) of this section, and to1349
each commissioned assistant house sergeant at arms as evidence of1350
the sergeant at arm'sarms's or assistant sergeant at arm'sarms's1351
authority.1352

       Sec. 101.34.  (A) There is hereby created a joint1353
legislative ethics committee to serve the general assembly. The1354
committee shall be composed of twelve members, six each from the1355
two major political parties, and each member shall serve on the1356
committee during the member's term as a member of that general1357
assembly. Six members of the committee shall be members of the1358
house of representatives appointed by the speaker of the house of1359
representatives, not more than three from the same political1360
party, and six members of the committee shall be members of the1361
senate appointed by the president of the senate, not more than1362
three from the same political party. A vacancy in the committee1363
shall be filled for the unexpired term in the same manner as an1364
original appointment. The members of the committee shall be1365
appointed within fifteen days after the first day of the first1366
regular session of each general assembly and the committee shall1367
meet and proceed to recommend an ethics code not later than thirty1368
days after the first day of the first regular session of each1369
general assembly.1370

       In the first regular session of each general assembly, the1371
speaker of the house of representatives shall appoint the1372
chairperson of the committee from among the house members of the1373
committee and the president of the senate shall appoint the1374
vice-chairperson of the committee from among the senate members of1375
the committee. In the second regular session of each general1376
assembly, the president of the senate shall appoint the1377
chairperson of the committee from among the senate members of the1378
committee and the speaker of the house of representatives shall1379
appoint the vice-chairperson of the committee from among the house1380
members of the committee. The chairperson, vice-chairperson, and1381
members of the committee shall serve until their respective1382
successors are appointed or until they are no longer members of1383
the general assembly.1384

       The committee shall meet at the call of the chairperson or1385
upon the written request of seven members of the committee.1386

       (B) The joint legislative ethics committee:1387

       (1) Shall recommend a code of ethics which is consistent1388
with law to govern all members and employees of each house of the1389
general assembly and all candidates for the office of member of1390
each house;1391

       (2) May receive and hear any complaint which alleges a1392
breach of any privilege of either house, or misconduct of any1393
member, employee, or candidate, or any violation of the1394
appropriate code of ethics;1395

       (3) May obtain information with respect to any complaint1396
filed pursuant to this section and to that end may enforce the1397
attendance and testimony of witnesses, and the production of books1398
and papers;1399

       (4) May recommend whatever sanction is appropriate with1400
respect to a particular member, employee, or candidate as will1401
best maintain in the minds of the public a good opinion of the1402
conduct and character of members and employees of the general1403
assembly;1404

       (5) May recommend legislation to the general assembly1405
relating to the conduct and ethics of members and employees of and1406
candidates for the general assembly;1407

       (6) Shall employ an executive director for the committee and1408
may employ such other staff as the committee determines necessary1409
to assist it in exercising its powers and duties. The executive1410
director and staff of the committee shall be known as the office1411
of legislative inspector general. At least one member of the1412
staff of the committee shall be an attorney at law licensed to1413
practice law in this state. The appointment and removal of the1414
executive director shall require the approval of at least eight1415
members of the committee.1416

       (7) May employ a special counsel to assist the committee in1417
exercising its powers and duties. The appointment and removal of1418
a special counsel shall require the approval of at least eight1419
members of the committee.1420

       (8) Shall act as an advisory body to the general assembly1421
and to individual members, candidates, and employees on questions1422
relating to ethics, possible conflicts of interest, and financial1423
disclosure;1424

       (9) Shall provide for the proper forms on which the1425
statement required pursuant to section 102.02 of the Revised Code1426
shall be filed and instructions as to the filing of the statement;1427

       (10) Exercise the powers and duties prescribed under1428
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised1429
Code;1430

       (11) Adopt in accordance with section 111.15 of the Revised1431
Code any rules that are necessary to implement and clarify Chapter1432
102. and sections 2921.42 and 2921.43 of the Revised Code.1433

       (C) There is hereby created in the state treasury the joint1434
legislative ethics committee fund. All money collected from1435
registration fees and late filing fees prescribed under sections1436
101.72 and 121.62 of the Revised Code shall be deposited into the1437
state treasury to the credit of the fund. Money credited to the1438
fund and any interest and earnings from the fund shall be used1439
solely for the operation of the joint legislative ethics committee1440
and the office of legislative inspector general and for the1441
purchase of data storage and computerization facilities for the1442
statements filed with the joint committee under sections 101.73,1443
101.74, 121.63, and 121.64 of the Revised Code.1444

       (D) The chairperson of the joint committee shall issue a1445
written report, not later than the thirty-first day of January of1446
each year, to the speaker and minority leader of the house of1447
representatives and to the president and minority leader of the1448
senate that lists the number of committee meetings and1449
investigations the committee conducted during the immediately1450
preceding calendar year and the number of advisory opinions it1451
issued during the immediately preceding calendar year.1452

       (E) Any investigative report that contains facts and1453
findings regarding a complaint filed with the committee and that1454
is prepared by the staff of the committee or a special counsel to1455
the committee shall become a public record upon its acceptance by1456
a vote of the majority of the members of the committee, except for1457
any names of specific individuals and entities contained in the1458
report. If the committee recommends disciplinary action or1459
reports its findings to the appropriate prosecuting authority for1460
proceedings in prosecution of the violations alleged in the1461
complaint, the investigatory report regarding the complaint shall1462
become a public record in its entirety.1463

       (F)(1) Any file obtained by or in the possession of the1464
former house ethics committee or former senate ethics committee1465
shall become the property of the joint legislative ethics1466
committee. Any such file is confidential if either of the1467
following applies:1468

       (a) It is confidential under section 102.06 of the Revised1469
Code or the legislative code of ethics.1470

       (b) If the file was obtained from the former house ethics1471
committee or from the former senate ethics committee, it was1472
confidential under any statute or any provision of a code of1473
ethics that governed the file.1474

       (2) As used in this division, "file" includes, but is not1475
limited to, evidence, documentation, or any other tangible thing.1476

       Sec. 101.37. (A) There is hereby created the joint council on1477
mental retardation and developmental disabilities. The joint1478
council shall consist of three members of the house of1479
representatives appointed by the speaker of the house of1480
representatives, not more than two of whom shall be members of the1481
same political party, three members of the senate appointed by the1482
president of the senate, not more than two of whom shall be1483
members of the same political party, and the director of mental1484
retardation and developmental disabilities. At least one member1485
of the joint council appointed by the speaker of the house of1486
representatives and at least one member appointed by the president1487
of the senate shall be a member of the house or senate committee1488
with primary responsibility for appropriation issues and at least1489
one member appointed by the speaker and at least one member1490
appointed by the president shall be a member of the house or1491
senate committee with primary responsibility for human services1492
issues. Members1493

       Members of the joint council shall be reimbursed for their1494
actual and necessary expenses incurred in the performance of their1495
official duties, provided that reimbursement for such expenses1496
shall not exceed limits imposed upon the department of mental1497
retardation and developmental disabilities by administrative rules1498
regulating travel within this state. Members shall receive no1499
other compensation. The1500

       The joint council shall organize itself within fifteen days1501
after the commencement of each regular session of the general1502
assembly by electing a chairperson and vice-chairperson. The1503
joint council may meet upon the call of the chairperson, the1504
director, or on the request of any three members. Members1505

       Members of the joint council who are appointed from the1506
general assembly shall serve until the expiration of their terms1507
in the general assembly. Any vacancies occurring among the1508
general assembly members of the joint council shall be filled in1509
the manner of the original appointment.1510

       (B) The joint council shall do all of the following:1511

       (A)(1) Appoint the original members of the citizen's1512
advisory council at any institution under the control of the1513
department of mental retardation and developmental disabilities1514
that is created after November 15, 1981;1515

       (B)(2) Make final determinations in any dispute between the1516
director of mental retardation and developmental disabilities and1517
a citizen's advisory council concerning the appointment of members1518
to the citizen's advisory council, as provided for in section1519
5123.092 of the Revised Code;1520

       (C)(3) Receive reports from citizen's advisory councils on1521
or before the thirty-first day of January of each year, as1522
required by section 5123.093 of the Revised Code;1523

       (D)(4) Receive reports as appropriate concerning extenuating1524
circumstances at institutions under the control of the department1525
of mental retardation and developmental disabilities;1526

       (E)(5) Conduct reviews and make recommendations to the1527
director of mental retardation and developmental disabilities with1528
respect to any disputes between the department of mental1529
retardation and developmental disabilities and entities that have1530
entered into contracts with the department for the provision of1531
protective services to individuals with mental retardation or1532
developmental disabilities;1533

       (6) Provide the director of mental retardation and1534
developmental disabilities with advice on legislative and fiscal1535
issues affecting the department of mental retardation and1536
developmental disabilities, county boards of mental retardation1537
and developmental disabilities, persons with mental retardation or1538
developmental disabilities, and providers of services to persons1539
with mental retardation or developmental disabilities and on1540
related issues the director requests the joint council to address;1541

       (F)(7) On behalf of the director of mental retardation and1542
developmental disabilities, advocate to the general assembly1543
legislative issues about which the joint council has provided1544
advice to the director.1545

       (C) Reports and any correspondence received by the joint1546
council shall be deposited with the legislative service1547
commission, which shall retain them for not less than three years1548
after the date of deposit.1549

       Sec. 101.691. (A) Either house of the general assembly or any 1550
legislative agency may dispose of any excess or surplus supplies 1551
that it possesses by sale, lease, donation, or other transfer, 1552
including, but not limited to, sale by public auction over the 1553
internet, as defined in section 341.42 of the Revised Code. 1554
Nothing in this division prohibits either house of the general 1555
assembly or a legislative agency from having the director of 1556
administrative services dispose of excess or surplus supplies of 1557
that house under sections 125.12 to 125.14 of the Revised Code.1558

        (B) Any proceeds from sales, leases, or other transfers1559
made under division (A) of this section shall be deposited in the1560
house of representatives reimbursement special revenue fund, the1561
senate reimbursement special revenue fund, or a legislative agency1562
special revenue fund identified by the director of the agency, as1563
appropriate.1564

       Sec. 101.72.  (A) Each legislative agent and employer,1565
within ten days following an engagement of a legislative agent,1566
shall file with the joint legislative ethics committee an initial1567
registration statement showing all of the following:1568

       (1) The name, business address, and occupation of the1569
legislative agent;1570

       (2) The name and business address of the employer and the1571
real party in interest on whose behalf the legislative agent is1572
actively advocating, if it is different from the employer. For1573
the purposes of division (A) of this section, where a trade1574
association or other charitable or fraternal organization that is1575
exempt from federal income taxation under subsection 501(c) of the1576
federal Internal Revenue Code is the employer, the statement need1577
not list the names and addresses of each member of the association1578
or organization, so long as the association or organization itself1579
is listed.1580

       (3) A brief description of the type of legislation to which1581
the engagement relates.1582

       (B) In addition to the initial registration statement1583
required by division (A) of this section, each legislative agent1584
and employer shall file with the joint committee, not later than1585
the last day of January, May, and September of each year, an1586
updated registration statement that confirms the continuing1587
existence of each engagement described in an initial registration1588
statement and that lists the specific bills or resolutions on1589
which the agent actively advocated under that engagement during1590
the period covered by the updated statement, and with it any1591
statement of expenditures required to be filed by section 101.731592
of the Revised Code and any details of financial transactions1593
required to be filed by section 101.74 of the Revised Code.1594

       (C) If a legislative agent is engaged by more than one1595
employer, the agent shall file a separate initial and updated1596
registration statement for each engagement. If an employer1597
engages more than one legislative agent, the employer need file1598
only one updated registration statement under division (B) of this1599
section, which shall contain the information required by division1600
(B) of this section regarding all of the legislative agents1601
engaged by the employer.1602

       (D)(1) A change in any information required by division1603
(A)(1), (2), or (B) of this section shall be reflected in the next1604
updated registration statement filed under division (B) of this1605
section.1606

       (2) Within thirty days after the termination of an1607
engagement, the legislative agent who was employed under the1608
engagement shall send written notification of the termination to1609
the joint committee.1610

       (E) Except as otherwise provided in this division, a1611
registration fee of ten dollars shall be charged for filing an1612
initial registration statement. All money collected from this1613
registration feefees under this division and late filing fees1614
under division (G) of this section shall be deposited to the1615
credit of the joint legislative ethics committee fund created1616
under section 101.34 of the Revised Code. An1617

       An officer or employee of a state agency who actively1618
advocates in a fiduciary capacity as a representative of that1619
state agency need not pay the registration fee prescribed by this1620
division or file expenditure statements under section 101.73 of1621
the Revised Code. As used in this division, "state agency" does1622
not include a state institution of higher education as defined in1623
section 3345.011 of the Revised Code.1624

       (F) Upon registration pursuant to division (A) of this1625
section, the legislative agent shall be issued a card by the joint1626
committee showing that the legislative agent is registered. The1627
registration card and the legislative agent's registration shall1628
be valid from the date of their issuance until the next1629
thirty-first day of December of an even-numbered year.1630

       (G) The executive director of the joint committee shall be1631
responsible for reviewing each registration statement filed with1632
the joint committee under this section and for determining whether1633
the statement contains all of the information required by this1634
section. If the joint committee determines that the registration1635
statement does not contain all of the required information or that1636
a legislative agent or employer has failed to file a registration1637
statement, the joint committee shall send written notification by1638
certified mail to the person who filed the registration statement1639
regarding the deficiency in the statement or to the person who1640
failed to file the registration statement regarding the failure.1641
Any person so notified by the joint committee shall, not later1642
than fifteen days after receiving the notice, file a registration1643
statement or an amended registration statement that does contain1644
all of the information required by this section. If any person1645
who receives a notice under this division fails to file a1646
registration statement or such an amended registration statement1647
within this fifteen-day period, the joint committee shall notify1648
the attorney general, who may take appropriate action as1649
authorized under section 101.79 of the Revised Code. If the joint1650
committee notifies the attorney general under this division, the1651
joint committee shall also notify in writing the governor and each1652
member of the general assembly of the pending investigationassess1653
a late filing fee equal to twelve dollars and fifty cents per day,1654
up to a maximum of one hundred dollars, upon that person. The1655
joint committee may waive the late filing fee for good cause1656
shown.1657

       (H) On or before the fifteenth day of March of each year,1658
the joint committee shall, in the manner and form that it1659
determines, publish a report containing statistical information on1660
the registration statements filed with it under this section1661
during the preceding year.1662

       Sec. 101.73.  (A) Each legislative agent and each employer1663
shall file in the office of the joint legislative ethics1664
committee, with the updated registration statement required by1665
division (B) of section 101.72 of the Revised Code, a statement of1666
expenditures as specified in divisions (B) and (C) of this1667
section. A legislative agent shall file a separate statement of1668
expenditures under this section for each employer engaging himthe1669
legislative agent.1670

       (B)(1) In addition to the information required by divisions1671
(B)(2) and (3) of this section, a statement filed by a legislative1672
agent shall show the total amount of expenditures made by the1673
legislative agent during the reporting period covered by the1674
statement.1675

       (2) If, during a reporting period covered by a statement, an1676
employer or any legislative agent hethe employer engaged made,1677
either separately or in combination with each other, either1678
directly or indirectly, expenditures to, at the request of, for1679
the benefit of, or on behalf of any particular member of the1680
general assembly, any particular member of the controlling board,1681
the governor, the director of a department created under section1682
121.02 of the Revised Code, or any particular member of the staff1683
of any of the public officers or employees listed in division1684
(B)(2) of this section, then the employer or legislative agent1685
shall also state all of the following:1686

       (a) The name of the public officer or employee to whom, at1687
whose request, for whose benefit, or on whose behalf the1688
expenditures were made;1689

       (b) The total amount of the expenditures made;1690

       (c) A brief description of the expenditures made;1691

       (d) The approximate date the expenditures were made;1692

       (e) The specific items of legislation, if any, for which the1693
expenditures were made and the identity of the client on whose1694
behalf each expenditure was made.1695

       As used in division (B)(2) of this section, "expenditures"1696
does not include expenditures made by a legislative agent as1697
payment for meals and other food and beverages.1698

       (3) If, during a reporting period covered by a statement, a1699
legislative agent made expenditures as payment for meals and other1700
food and beverages, other than for meals and other food and1701
beverages provided to a member of the general assembly at a1702
meeting at which the member participated in a panel, seminar, or1703
speaking engagement or provided to a member of the general1704
assembly at a meeting or convention of a national organization to1705
which either house of the general assembly, any legislative1706
agency, or any other state agency, including, but not limited to, 1707
any legislative agency or state institution of higher education 1708
as defined in section 3345.011 of the Revised Code, pays 1709
membership dues, that, when added to the amount of previous 1710
payments made for meals and other food and beverages by that 1711
legislative agent during that same calendar year, exceeded a total 1712
of fifty dollars to, at the request of, for the benefit of, or on 1713
behalf of any particular member of the general assembly, any1714
particular member of the controlling board, the governor, the1715
director of a department created under section 121.02 of the1716
Revised Code, or any particular member of the staff of any of the1717
public officers or employees listed in division (B)(3) of this1718
section, then the legislative agent shall also state all of the1719
following regarding those expenditures:1720

       (a) The name of the public officer or employee to whom, at1721
whose request, for whose benefit, or on whose behalf the1722
expenditures were made;1723

       (b) The total amount of the expenditures made;1724

       (c) A brief description of the expenditures made;1725

       (d) The approximate date the expenditures were made;1726

       (e) The specific items of legislation, if any, for which the1727
expenditures were made and the identity of the client on whose1728
behalf each expenditure was made.1729

       (C) In addition to the information required by divisions1730
(B)(2) and (3) of this section, a statement filed by an employer1731
shall show the total amount of expenditures made by the employer1732
filing the statement during the period covered by the statement.1733
As used in this section, "expenditures" does not include the1734
expenses of maintaining office facilities or the compensation paid1735
to legislative agents engaged by an employer.1736

       No employer is required to show any expenditure on a1737
statement filed under this division if the expenditure is reported1738
on a statement filed under division (B) of this section by a1739
legislative agent engaged by the employer.1740

       (D) Any statement required to be filed under this section1741
shall be filed at the times specified in section 101.72 of the1742
Revised Code. Each statement shall cover expenditures made during1743
the four-calendar-month period that ended on the last day of the1744
month immediately preceding the month in which the statement is1745
required to be filed.1746

       No portion of the amount of an expenditure for a dinner,1747
party, or other function sponsored by an employer or legislative1748
agent need be attributed to, or counted toward the amount for, a1749
reporting period specified in division (B)(2) or (3) of this1750
section if the sponsor has invited to the function all the members1751
of either of the following:1752

       (1) The general assembly;1753

       (2) Either house of the general assembly.1754

       However, the amount spent for such function and its date and1755
purpose shall be reported separately on the statement required to1756
be filed under this section and the amount spent for the function1757
shall be added with other expenditures for the purpose of1758
determining the total amount of expenditures reported in the1759
statement under division (B)(1) or (C) of this section.1760

       If it is impractical or impossible for a legislative agent or1761
employer to determine exact dollar amounts or values of1762
expenditures, reporting of good faith estimates, based upon1763
reasonable accounting procedures, constitutes compliance with this1764
section.1765

       (E) All legislative agents and employers shall retain1766
receipts or maintain records for all expenditures that are1767
required to be reported pursuant to this section. These receipts1768
or records shall be maintained for a period ending on the1769
thirty-first day of December of the second calendar year after the1770
year in which the expenditure was made.1771

       (F)(1) An employer or legislative agent who is required to1772
file an expenditure statement under division (B) or (C) of this1773
section shall deliver a copy of the statement, or of the portion1774
showing the expenditure, to the public officer or employee who is1775
listed in the statement as having received the expenditure or on1776
whose behalf it was made, at least ten days before the date on1777
which the statement is filed.1778

       (2) If, during a reporting period covered by an expenditure1779
statement filed under division (B)(2) of this section, an employer1780
or any legislative agent hethe employer engaged made, either1781
separately or in combination with each other, either directly or1782
indirectly, expenditures for transportation, lodging, or food and1783
beverages purchased for consumption on the premises in which the1784
food and beverages were sold to, at the request of, for the1785
benefit of, or on behalf of any of the public officers or1786
employees described in division (B)(2) of this section, the1787
employer or legislative agent shall deliver to the public officer1788
or employee a statement that contains all of the nondisputed1789
information prescribed in division (B)(2)(a) through (e) of this1790
section with respect to the expenditures described in division1791
(F)(2) of this section. The statement of expenditures made under1792
division (F)(2) of this section shall be delivered to the public1793
officer or employee to whom, at whose request, for whose benefit,1794
or on whose behalf those expenditures were made on the same day in1795
which a copy of the expenditure statement or of a portion showing1796
the expenditure is delivered to the public officer or employee1797
under division (F)(1) of this section. An employer is not1798
required to show any expenditure on a statement delivered under1799
division (F)(2) of this section if the expenditure is shown on a1800
statement delivered under division (F)(2) of this section by a1801
legislative agent engaged by the employer.1802

       Sec. 102.02.  (A) Except as otherwise provided in division1803
(H) of this section, every person who is elected to or is a1804
candidate for a state, county, or city office, or the office of1805
member of the United States congress, and every person who is1806
appointed to fill a vacancy for an unexpired term in such an1807
elective office; all members of the state board of education; the1808
director, assistant directors, deputy directors, division chiefs,1809
or persons of equivalent rank of any administrative department of1810
the state; the president or other chief administrative officer of1811
every state institution of higher education as defined in section1812
3345.011 of the Revised Code; the chief executive officer of each1813
state retirement system; all members of the board of commissioners1814
on grievances and discipline of the supreme court and the ethics1815
commission created under section 102.05 of the Revised Code; every1816
business manager, treasurer, or superintendent of a city, local,1817
exempted village, joint vocational, or cooperative education1818
school district or an educational service center; every person who1819
is elected to or is a candidate for the office of member of a1820
board of education of a city, local, exempted village, joint1821
vocational, or cooperative education school district or of a1822
governing board of an educational service center that has a total1823
student count of twelve thousand or more as most recently1824
determined by the department of education pursuant to section1825
3317.03 of the Revised Code; every person who is appointed to the1826
board of education of a municipal school district pursuant to1827
division (B) or (F) of section 3311.71 of the Revised Code; all1828
members of the board of directors of a sanitary district1829
established under Chapter 6115. of the Revised Code and organized1830
wholly for the purpose of providing a water supply for domestic,1831
municipal, and public use that includes two municipal corporations1832
in two counties; every public official or employee who is paid a1833
salary or wage in accordance with schedule C of section 124.15 or1834
schedule E-2 of section 124.152 of the Revised Code; members of1835
the board of trustees and the executive director of the tobacco1836
use prevention and control foundation; members of the board of1837
trustees and the executive director of the southern Ohio1838
agricultural and community development foundation; members and the1839
executive director of the biomedical research and technology1840
transfer commission; and every other public official or employee1841
who is designated by the appropriate ethics commission pursuant to1842
division (B) of this section shall file with the appropriate1843
ethics commission on a form prescribed by the commission, a1844
statement disclosing all of the following:1845

       (1) The name of the person filing the statement and each1846
member of the person's immediate family and all names under which1847
the person or members of the person's immediate family do1848
business;1849

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this1850
section and except as otherwise provided in section 102.022 of the1851
Revised Code, identification of every source of income, other than1852
income from a legislative agent identified in division (A)(2)(b)1853
of this section, received during the preceding calendar year, in1854
the person's own name or by any other person for the person's use1855
or benefit, by the person filing the statement, and a brief1856
description of the nature of the services for which the income was1857
received. If the person filing the statement is a member of the1858
general assembly, the statement shall identify the amount of every1859
source of income received in accordance with the following ranges1860
of amounts: zero or more, but less than one thousand dollars; one1861
thousand dollars or more, but less than ten thousand dollars; ten1862
thousand dollars or more, but less than twenty-five thousand1863
dollars; twenty-five thousand dollars or more, but less than fifty1864
thousand dollars; fifty thousand dollars or more, but less than1865
one hundred thousand dollars; and one hundred thousand dollars or1866
more. Division (A)(2)(a) of this section shall not be construed1867
to require a person filing the statement who derives income from a1868
business or profession to disclose the individual items of income1869
that constitute the gross income of that business or profession,1870
except for those individual items of income that are attributable1871
to the person's or, if the income is shared with the person, the1872
partner's, solicitation of services or goods or performance,1873
arrangement, or facilitation of services or provision of goods on1874
behalf of the business or profession of clients, including1875
corporate clients, who are legislative agents as defined in1876
section 101.70 of the Revised Code. A person who files the1877
statement under this section shall disclose the identity of and1878
the amount of income received from a person who the public1879
official or employee knows or has reason to know is doing or1880
seeking to do business of any kind with the public official's or1881
employee's agency.1882

       (b) If the person filing the statement is a member of the1883
general assembly, the statement shall identify every source of1884
income and the amount of that income that was received from a1885
legislative agent, as defined in section 101.70 of the Revised1886
Code, during the preceding calendar year, in the person's own name1887
or by any other person for the person's use or benefit, by the1888
person filing the statement, and a brief description of the nature1889
of the services for which the income was received. Division1890
(A)(2)(b) of this section requires the disclosure of clients of1891
attorneys or persons licensed under section 4732.12 of the Revised1892
Code, or patients of persons certified under section 4731.14 of1893
the Revised Code, if those clients or patients are legislative1894
agents. Division (A)(2)(b) of this section requires a person1895
filing the statement who derives income from a business or1896
profession to disclose those individual items of income that1897
constitute the gross income of that business or profession that1898
are received from legislative agents.1899

       (c) Except as otherwise provided in division (A)(2)(c) of1900
this section, division (A)(2)(a) of this section applies to1901
attorneys, physicians, and other persons who engage in the1902
practice of a profession and who, pursuant to a section of the1903
Revised Code, the common law of this state, a code of ethics1904
applicable to the profession, or otherwise, generally are required1905
not to reveal, disclose, or use confidences of clients, patients,1906
or other recipients of professional services except under1907
specified circumstances or generally are required to maintain1908
those types of confidences as privileged communications except1909
under specified circumstances. Division (A)(2)(a) of this section1910
does not require an attorney, physician, or other professional1911
subject to a confidentiality requirement as described in division1912
(A)(2)(c) of this section to disclose the name, other identity, or1913
address of a client, patient, or other recipient of professional1914
services if the disclosure would threaten the client, patient, or1915
other recipient of professional services, would reveal details of1916
the subject matter for which legal, medical, or professional1917
advice or other services were sought, or would reveal an otherwise1918
privileged communication involving the client, patient, or other1919
recipient of professional services. Division (A)(2)(a) of this1920
section does not require an attorney, physician, or other1921
professional subject to a confidentiality requirement as described1922
in division (A)(2)(c) of this section to disclose in the brief1923
description of the nature of services required by division1924
(A)(2)(a) of this section any information pertaining to specific1925
professional services rendered for a client, patient, or other1926
recipient of professional services that would reveal details of1927
the subject matter for which legal, medical, or professional1928
advice was sought or would reveal an otherwise privileged1929
communication involving the client, patient, or other recipient of1930
professional services.1931

       (3) The name of every corporation on file with the secretary1932
of state that is incorporated in this state or holds a certificate1933
of compliance authorizing it to do business in this state, trust,1934
business trust, partnership, or association that transacts1935
business in this state in which the person filing the statement or1936
any other person for the person's use and benefit had during the1937
preceding calendar year an investment of over one thousand dollars1938
at fair market value as of the thirty-first day of December of the1939
preceding calendar year, or the date of disposition, whichever is1940
earlier, or in which the person holds any office or has a1941
fiduciary relationship, and a description of the nature of the1942
investment, office, or relationship. Division (A)(3) of this1943
section does not require disclosure of the name of any bank,1944
savings and loan association, credit union, or building and loan1945
association with which the person filing the statement has a1946
deposit or a withdrawable share account.1947

       (4) All fee simple and leasehold interests to which the1948
person filing the statement holds legal title to or a beneficial1949
interest in real property located within the state, excluding the1950
person's residence and property used primarily for personal1951
recreation;1952

       (5) The names of all persons residing or transacting1953
business in the state to whom the person filing the statement1954
owes, in the person's own name or in the name of any other person,1955
more than one thousand dollars. Division (A)(5) of this section1956
shall not be construed to require the disclosure of debts owed by1957
the person resulting from the ordinary conduct of a business or1958
profession or debts on the person's residence or real property1959
used primarily for personal recreation, except that the1960
superintendent of financial institutions shall disclose the names1961
of all state-chartered savings and loan associations and of all1962
service corporations subject to regulation under division (E)(2)1963
of section 1151.34 of the Revised Code to whom the superintendent1964
in the superintendent's own name or in the name of any other1965
person owes any money, and that the superintendent and any deputy1966
superintendent of banks shall disclose the names of all1967
state-chartered banks and all bank subsidiary corporations subject1968
to regulation under section 1109.44 of the Revised Code to whom1969
the superintendent or deputy superintendent owes any money.1970

       (6) The names of all persons residing or transacting1971
business in the state, other than a depository excluded under1972
division (A)(3) of this section, who owe more than one thousand1973
dollars to the person filing the statement, either in the person's1974
own name or to any person for the person's use or benefit.1975
Division (A)(6) of this section shall not be construed to require1976
the disclosure of clients of attorneys or persons licensed under1977
section 4732.12 or 4732.15 of the Revised Code, or patients of1978
persons certified under section 4731.14 of the Revised Code, nor1979
the disclosure of debts owed to the person resulting from the1980
ordinary conduct of a business or profession.1981

       (7) Except as otherwise provided in section 102.022 of the1982
Revised Code, the source of each gift of over seventy-five1983
dollars, or of each gift of over twenty-five dollars received by a1984
member of the general assembly from a legislative agent, received1985
by the person in the person's own name or by any other person for1986
the person's use or benefit during the preceding calendar year,1987
except gifts received by will or by virtue of section 2105.06 of1988
the Revised Code, or received from spouses, parents, grandparents,1989
children, grandchildren, siblings, nephews, nieces, uncles, aunts,1990
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,1991
fathers-in-law, mothers-in-law, or any person to whom the person1992
filing the statement stands in loco parentis, or received by way1993
of distribution from any inter vivos or testamentary trust1994
established by a spouse or by an ancestor;1995

       (8) Except as otherwise provided in section 102.022 of the1996
Revised Code, identification of the source and amount of every1997
payment of expenses incurred for travel to destinations inside or1998
outside this state that is received by the person in the person's1999
own name or by any other person for the person's use or benefit2000
and that is incurred in connection with the person's official2001
duties, except for expenses for travel to meetings or conventions2002
of a national or state organization to which either house of the2003
general assembly, any legislative agency, aany state agency, 2004
including, but not limited to, any legislative agency or state 2005
institution of higher education as defined in section 3345.0312006
3345.011 of the Revised Code, any other state agencypays2007
membership dues, or any political subdivision or any office or2008
agency of a political subdivision pays membership dues;2009

       (9) Except as otherwise provided in section 102.022 of the2010
Revised Code, identification of the source of payment of expenses2011
for meals and other food and beverages, other than for meals and2012
other food and beverages provided at a meeting at which the person2013
participated in a panel, seminar, or speaking engagement or at a2014
meeting or convention of a national or state organization to which2015
either house of the general assembly, any legislative agency, a2016
any state agency, including, but not limited to, any legislative 2017
agency or state institution of higher education as defined in2018
section 3345.0313345.011 of the Revised Code, any other state2019
agencypays membership dues, or any political subdivision or any2020
office or agency of a political subdivision pays membership dues,2021
that are incurred in connection with the person's official duties2022
and that exceed one hundred dollars aggregated per calendar year;2023

       (10) If the financial disclosure statement is filed by a2024
public official or employee described in division (B)(2) of2025
section 101.73 of the Revised Code or division (B)(2) of section2026
121.63 of the Revised Code who receives a statement from a2027
legislative agent, executive agency lobbyist, or employer that2028
contains the information described in division (F)(2) of section2029
101.73 of the Revised Code or division (G)(2) of section 121.63 of2030
the Revised Code, all of the nondisputed information contained in2031
the statement delivered to that public official or employee by the2032
legislative agent, executive agency lobbyist, or employer under2033
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of2034
the Revised Code. As used in division (A)(10) of this section,2035
"legislative agent,""executive agency lobbyist," and "employer"2036
have the same meanings as in sections 101.70 and 121.60 of the2037
Revised Code.2038

       A person may file a statement required by this section in2039
person or by mail. A person who is a candidate for elective2040
office shall file the statement no later than the thirtieth day2041
before the primary, special, or general election at which the2042
candidacy is to be voted on, whichever election occurs soonest,2043
except that a person who is a write-in candidate shall file the2044
statement no later than the twentieth day before the earliest2045
election at which the person's candidacy is to be voted on. A2046
person who holds elective office shall file the statement on or2047
before the fifteenth day of April of each year unless the person2048
is a candidate for office. A person who is appointed to fill a2049
vacancy for an unexpired term in an elective office shall file the2050
statement within fifteen days after the person qualifies for2051
office. Other persons shall file an annual statement on or before2052
the fifteenth day of April or, if appointed or employed after that2053
date, within ninety days after appointment or employment. No2054
person shall be required to file with the appropriate ethics2055
commission more than one statement or pay more than one filing fee2056
for any one calendar year.2057

       The appropriate ethics commission, for good cause, may extend2058
for a reasonable time the deadline for filing a disclosure2059
statement under this section.2060

       A statement filed under this section is subject to public2061
inspection at locations designated by the appropriate ethics2062
commission except as otherwise provided in this section.2063

       (B) The Ohio ethics commission, the joint legislative ethics2064
committee, and the board of commissioners on grievances and2065
discipline of the supreme court, using the rule-making procedures2066
of Chapter 119. of the Revised Code, may require any class of2067
public officials or employees under its jurisdiction and not2068
specifically excluded by this section whose positions involve a2069
substantial and material exercise of administrative discretion in2070
the formulation of public policy, expenditure of public funds,2071
enforcement of laws and rules of the state or a county or city, or2072
the execution of other public trusts, to file an annual statement2073
on or before the fifteenth day of April under division (A) of this2074
section. The appropriate ethics commission shall send the public2075
officials or employees written notice of the requirement by the2076
fifteenth day of February of each year the filing is required2077
unless the public official or employee is appointed after that2078
date, in which case the notice shall be sent within thirty days2079
after appointment, and the filing shall be made not later than2080
ninety days after appointment.2081

       Except for disclosure statements filed by members of the2082
board of trustees and the executive director of the tobacco use2083
prevention and control foundation, members of the board of2084
trustees and the executive director of the southern Ohio2085
agricultural and community development foundation, and members and2086
the executive director of the biomedical research and technology2087
transfer commission, disclosure statements filed under this2088
division with the Ohio ethics commission by members of boards,2089
commissions, or bureaus of the state for which no compensation is2090
received other than reasonable and necessary expenses shall be2091
kept confidential. Disclosure statements filed with the Ohio2092
ethics commission under division (A) of this section by business2093
managers, treasurers, and superintendents of city, local, exempted2094
village, joint vocational, or cooperative education school2095
districts or educational service centers shall be kept2096
confidential, except that any person conducting an audit of any2097
such school district or educational service center pursuant to2098
section 115.56 or Chapter 117. of the Revised Code may examine the2099
disclosure statement of any business manager, treasurer, or2100
superintendent of that school district or educational service2101
center. The Ohio ethics commission shall examine each disclosure2102
statement required to be kept confidential to determine whether a2103
potential conflict of interest exists for the person who filed the2104
disclosure statement. A potential conflict of interest exists if2105
the private interests of the person, as indicated by the person's2106
disclosure statement, might interfere with the public interests2107
the person is required to serve in the exercise of the person's2108
authority and duties in the person's office or position of2109
employment. If the commission determines that a potential2110
conflict of interest exists, it shall notify the person who filed2111
the disclosure statement and shall make the portions of the2112
disclosure statement that indicate a potential conflict of2113
interest subject to public inspection in the same manner as is2114
provided for other disclosure statements. Any portion of the2115
disclosure statement that the commission determines does not2116
indicate a potential conflict of interest shall be kept2117
confidential by the commission and shall not be made subject to2118
public inspection, except as is necessary for the enforcement of2119
Chapters 102. and 2921. of the Revised Code and except as2120
otherwise provided in this division.2121

       (C) No person shall knowingly fail to file, on or before the2122
applicable filing deadline established under this section, a2123
statement that is required by this section.2124

       (D) No person shall knowingly file a false statement that is2125
required to be filed under this section.2126

       (E)(1) Except as provided in divisions (E)(2) and (3) of2127
this section, on and after March 2, 1994, the statement required2128
by division (A) or (B) of this section shall be accompanied by a2129
filing fee of twenty-five dollars.2130

       (2) The statement required by division (A) of this section2131
shall be accompanied by a filing fee to be paid by the person who2132
is elected or appointed to, or is a candidate for, any of the2133
following offices:2134

For state office, except member of 2135
state board of education $50 2136
For office of member of United States 2137
congress or member of general assembly $25 2138
For county office $25 2139
 45 2140
For city office $10 2141
 20 2142
For office of member of state board 2143
of education $10 2144
 20 2145
For office of member of city, local, 2146
exempted village, or cooperative 2147
education board of 2148
education or educational service 2149
center governing board $ 5 2150
For position of business manager, 2151
treasurer, or superintendent of 2152
city, local, exempted village, joint 2153
vocational, or cooperative education 2154
school district or 2155
educational service center $ 5 2156
For office of member of the board of 2157
trustees of a state college or university $50 2158

       (3) No judge of a court of record or candidate for judge of2159
such a court of record, and no referee or magistrate serving a2160
court of record, shall be required to pay the fee required under2161
division (E)(1) or (2) or (F) of this section.2162

       (4) For any public official who is appointed to a2163
nonelective office of the state and for any employee who holds a2164
nonelective position in a public agency of the state, the state2165
agency that is the primary employer of the state official or2166
employee shall pay the fee required under division (E)(1) or (F)2167
of this section.2168

       (F) If a statement required to be filed under this section2169
is not filed by the date on which it is required to be filed, the2170
appropriate ethics commission shall assess the person required to2171
file the statement a late filing fee equal to one-half of the2172
applicable filing fee for each day the statement is not filed,2173
except that the total amount of the late filing fee shall not2174
exceed one hundred dollars.2175

       (G)(1) The appropriate ethics commission other than the Ohio2176
ethics commission shall deposit all fees it receives under2177
divisions (E) and (F) of this section into the general revenue2178
fund of the state.2179

       (2) The Ohio ethics commission shall deposit all receipts,2180
including, but not limited to, fees it receives under divisions2181
(E) and (F) of this section and all moneys it receives from2182
settlements under division (G) of section 102.06 of the Revised2183
Code, into the Ohio ethics commission fund, which is hereby2184
created in the state treasury. All moneys credited to the fund2185
shall be used solely for expenses related to the operation and2186
statutory functions of the commission.2187

       (H) Division (A) of this section does not apply to a person2188
elected or appointed to the office of precinct, ward, or district2189
committee member under Chapter 3517. of the Revised Code; a2190
presidential elector; a delegate to a national convention; village2191
or township officials and employees; any physician or psychiatrist2192
who is paid a salary or wage in accordance with schedule C of2193
section 124.15 or schedule E-2 of section 124.152 of the Revised2194
Code and whose primary duties do not require the exercise of2195
administrative discretion; or any member of a board, commission,2196
or bureau of any county or city who receives less than one2197
thousand dollars per year for serving in that position.2198

       Sec. 102.03.  (A)(1) No present or former public official or2199
employee shall, during public employment or service or for twelve2200
months thereafter, represent a client or act in a representative2201
capacity for any person on any matter in which the public official2202
or employee personally participated as a public official or2203
employee through decision, approval, disapproval, recommendation,2204
the rendering of advice, investigation, or other substantial2205
exercise of administrative discretion.2206

       (2) For twenty-four months after the conclusion of service,2207
no former commissioner or attorney examiner of the public2208
utilities commission shall represent a public utility, as defined2209
in section 4905.02 of the Revised Code, or act in a representative2210
capacity on behalf of such a utility before any state board,2211
commission, or agency.2212

       (3) For twenty-four months after the conclusion of2213
employment or service, no former public official or employee who2214
personally participated as a public official or employee through2215
decision, approval, disapproval, recommendation, the rendering of2216
advice, the development or adoption of solid waste management2217
plans, investigation, inspection, or other substantial exercise of2218
administrative discretion under Chapter 343. or 3734. of the2219
Revised Code shall represent a person who is the owner or operator2220
of a facility, as defined in section 3734.01 of the Revised Code,2221
or who is an applicant for a permit or license for a facility2222
under that chapter, on any matter in which the public official or2223
employee personally participated as a public official or employee.2224

       (4) For a period of one year after the conclusion of2225
employment or service as a member or employee of the general2226
assembly, no former member or employee of the general assembly2227
shall represent, or act in a representative capacity for, any2228
person on any matter before the general assembly, any committee of2229
the general assembly, or the controlling board. Division (A)(4)2230
of this section does not apply to or affect a person who separates2231
from service with the general assembly on or before December 31,2232
1995. As used in division (A)(4) of this section "person" does2233
not include any state agency or political subdivision of the2234
state.2235

       (5) As used in divisions (A)(1), (2), and (3) of this2236
section, "matter" includes any case, proceeding, application,2237
determination, issue, or question, but does not include the2238
proposal, consideration, or enactment of statutes, rules,2239
ordinances, resolutions, or charter or constitutional amendments.2240
As used in division (A)(4) of this section, "matter" includes the2241
proposal, consideration, or enactment of statutes, resolutions, or2242
constitutional amendments. As used in division (A) of this2243
section, "represent" includes any formal or informal appearance2244
before, or any written or oral communication with, any public2245
agency on behalf of any person.2246

       (6) Nothing contained in division (A) of this section shall2247
prohibit, during such period, a former public official or employee2248
from being retained or employed to represent, assist, or act in a2249
representative capacity for the public agency by which the public2250
official or employee was employed or on which the public official2251
or employee served.2252

       (7) Division (A) of this section shall not be construed to2253
prohibit the performance of ministerial functions, including, but2254
not limited to, the filing or amendment of tax returns,2255
applications for permits and licenses, incorporation papers, and2256
other similar documents.2257

       (B) No present or former public official or employee shall2258
disclose or use, without appropriate authorization, any2259
information acquired by the public official or employee in the2260
course of the public official's or employee's official duties that2261
is confidential because of statutory provisions, or that has been2262
clearly designated to the public official or employee as2263
confidential when that confidential designation is warranted2264
because of the status of the proceedings or the circumstances2265
under which the information was received and preserving its2266
confidentiality is necessary to the proper conduct of government2267
business.2268

       (C) No public official or employee shall participate within2269
the scope of duties as a public official or employee, except2270
through ministerial functions as defined in division (A) of this2271
section, in any license or rate-making proceeding that directly2272
affects the license or rates of any person, partnership, trust,2273
business trust, corporation, or association in which the public2274
official or employee or immediate family owns or controls more2275
than five per cent. No public official or employee shall2276
participate within the scope of duties as a public official or2277
employee, except through ministerial functions as defined in2278
division (A) of this section, in any license or rate-making2279
proceeding that directly affects the license or rates of any2280
person to whom the public official or employee or immediate2281
family, or a partnership, trust, business trust, corporation, or2282
association of which the public official or employee or the public2283
official's or employee's immediate family owns or controls more2284
than five per cent, has sold goods or services totaling more than2285
one thousand dollars during the preceding year, unless the public2286
official or employee has filed a written statement acknowledging2287
that sale with the clerk or secretary of the public agency and the2288
statement is entered in any public record of the agency's2289
proceedings. This division shall not be construed to require the2290
disclosure of clients of attorneys or persons licensed under2291
section 4732.12 or 4732.15 of the Revised Code, or patients of2292
persons certified under section 4731.14 of the Revised Code.2293

       (D) No public official or employee shall use or authorize2294
the use of the authority or influence of office or employment to2295
secure anything of value or the promise or offer of anything of2296
value that is of such a character as to manifest a substantial and2297
improper influence upon the public official or employee with2298
respect to that person's duties.2299

       (E) No public official or employee shall solicit or accept2300
anything of value that is of such a character as to manifest a2301
substantial and improper influence upon the public official or2302
employee with respect to that person's duties.2303

       (F) No person shall promise or give to a public official or2304
employee anything of value that is of such a character as to2305
manifest a substantial and improper influence upon the public2306
official or employee with respect to that person's duties.2307

       (G) In the absence of bribery or another offense under the2308
Revised Code or a purpose to defraud, contributions made to a2309
campaign committee, political party, legislative campaign fund,2310
political action committee, or political contributing entity on2311
behalf of an elected public officer or other public official or2312
employee who seeks elective office shall be considered to accrue2313
ordinarily to the public official or employee for the purposes of2314
divisions (D), (E), and (F) of this section.2315

       As used in this division, "contributions," "campaign2316
committee," "political party," "legislative campaign fund,"2317
"political action committee," and "political contributing entity"2318
have the same meanings as in section 3517.01 of the Revised Code.2319

       (H) No public official or employee, except for the president2320
or other chief administrative officer of or a member of a board of2321
trustees of a state institution of higher education as defined in2322
section 3345.011 of the Revised Code, who is required to file a2323
financial disclosure statement under section 102.02 of the Revised2324
Code shall solicit or accept, and no person shall give to that2325
public official or employee, an honorarium. This division and2326
divisions (D), (E), and (F) of this section do not prohibit a2327
public official or employee who is required to file a financial2328
disclosure statement under section 102.02 of the Revised Code from2329
accepting and do not prohibit a person from giving to that public2330
official or employee the payment of actual travel expenses,2331
including any expenses incurred in connection with the travel for2332
lodging, and meals, food, and beverages provided to the public2333
official or employee at a meeting at which the public official or2334
employee participates in a panel, seminar, or speaking engagement2335
or provided to the public official or employee at a meeting or2336
convention of a national organization to which either house of the2337
general assembly, any legislative agency, or any other state2338
agency, including, but not limited to, any state legislative 2339
agencyor state institution of higher education as defined in2340
section 3345.011 of the Revised Code, pays membership dues. This2341
division and divisions (D), (E), and (F) of this section do not2342
prohibit a public official or employee who is not required to file2343
a financial disclosure statement under section 102.02 of the2344
Revised Code from accepting and do not prohibit a person from2345
promising or giving to that public official or employee an2346
honorarium or the payment of travel, meal, and lodging expenses if2347
the honorarium, expenses, or both were paid in recognition of2348
demonstrable business, professional, or esthetic interests of the2349
public official or employee that exist apart from public office or2350
employment, including, but not limited to, such a demonstrable2351
interest in public speaking and were not paid by any person or2352
other entity, or by any representative or association of those2353
persons or entities, that is regulated by, doing business with, or2354
seeking to do business with the department, division, institution,2355
board, commission, authority, bureau, or other instrumentality of2356
the governmental entity with which the public official or employee2357
serves.2358

       (I) A public official or employee may accept travel, meals,2359
and lodging or expenses or reimbursement of expenses for travel,2360
meals, and lodging in connection with conferences, seminars, and2361
similar events related to official duties if the travel, meals,2362
and lodging, expenses, or reimbursement is not of such a character2363
as to manifest a substantial and improper influence upon the2364
public official or employee with respect to that person's duties.2365
The house of representatives and senate, in their code of ethics,2366
and the Ohio ethics commission, under section 111.15 of the2367
Revised Code, may adopt rules setting standards and conditions for2368
the furnishing and acceptance of such travel, meals, and lodging,2369
expenses, or reimbursement.2370

       A person who acts in compliance with this division and any2371
applicable rules adopted under it, or any applicable, similar2372
rules adopted by the supreme court governing judicial officers and2373
employees, does not violate division (D), (E), or (F) of this2374
section. This division does not preclude any person from seeking2375
an advisory opinion from the appropriate ethics commission under2376
section 102.08 of the Revised Code.2377

       (J) For purposes of divisions (D), (E), and (F) of this2378
section, the membership of a public official or employee in an2379
organization shall not be considered, in and of itself, to be of2380
such a character as to manifest a substantial and improper2381
influence on the public official or employee with respect to that2382
person's duties. As used in this division, "organization" means a2383
church or a religious, benevolent, fraternal, or professional2384
organization that is tax exempt under subsection 501(a) and2385
described in subsection 501(c)(3), (4), (8), (10), or (19) of the2386
"Internal Revenue Code of 1986." This division does not apply to2387
a public official or employee who is an employee of an2388
organization, serves as a trustee, director, or officer of an2389
organization, or otherwise holds a fiduciary relationship with an2390
organization. This division does not allow a public official or2391
employee who is a member of an organization to participate,2392
formally or informally, in deliberations, discussions, or voting2393
on a matter or to use his official position with regard to the2394
interests of the organization on the matter if the public official2395
or employee has assumed a particular responsibility in the2396
organization with respect to the matter or if the matter would2397
affect that person's personal, pecuniary interests.2398

       (K) It is not a violation of this section for a prosecuting2399
attorney to appoint assistants and employees in accordance with2400
division (B) of section 309.06 and section 2921.421 of the Revised2401
Code, for a chief legal officer of a municipal corporation or an2402
official designated as prosecutor in a municipal corporation to2403
appoint assistants and employees in accordance with sections2404
733.621 and 2921.421 of the Revised Code, for a township law2405
director appointed under section 504.15 of the Revised Code to2406
appoint assistants and employees in accordance with sections2407
504.151 and 2921.421 of the Revised Code, or for a coroner to2408
appoint assistants and employees in accordance with division (B)2409
of section 313.05 of the Revised Code.2410

       As used in this division, "chief legal officer" has the same2411
meaning as in section 733.621 of the Revised Code.2412

       Sec. 102.031.  (A) As used in this section:2413

       (1) "Actively advocating," "employer," "financial2414
transaction," "legislation," and "legislative agent" have the same2415
meanings as in section 101.70 of the Revised Code.2416

       (2) "Business associate" means a person with whom a member2417
of the general assembly is conducting or undertaking a financial2418
transaction.2419

       (3) "Contribution" has the same meaning as in section2420
3517.01 of the Revised Code.2421

       (4) "Employee" does not include a member of the general2422
assembly whose nonlegislative position of employment does not2423
involve the performance of or the authority to perform2424
administrative or supervisory functions; or whose nonlegislative2425
position of employment, if hethe member is a public employee,2426
does not involve a substantial and material exercise of2427
administrative discretion in the formulation of public policy,2428
expenditure of public funds, enforcement of laws and rules of the2429
state or a county or city, or execution of other public trusts.2430

       (B) No member of the general assembly shall vote on any2431
legislation that hethe member knows is then being actively2432
advocated if hethe member is one of the following with respect to2433
a legislative agent or employer that is then actively advocating2434
on that legislation:2435

       (1) An employee;2436

       (2) A business associate;2437

       (3) A person, other than an employee, who is hired under2438
contract to perform certain services and such position involves a2439
substantial and material exercise of administrative discretion in2440
the formulation of public policy.2441

       (C) No member of the general assembly shall knowingly accept2442
any of the following from a legislative agent:2443

       (1) The payment of any expenses for travel or lodging except2444
as otherwise authorized by division (H) of section 102.03 of the2445
Revised Code;2446

       (2) More than seventy-five dollars aggregated per calendar2447
year as payment for meals and other food and beverages, other than2448
for those meals and other food and beverages provided to the2449
member at a meeting at which the member participates in a panel,2450
seminar, or speaking engagement, at a meeting or convention of a2451
national organization to which either house of the general2452
assembly, any legislative agency, or any other state agency, 2453
including, but not limited to, any legislative agencyor state 2454
institution of higher education as defined in section 3345.011 of 2455
the Revised Code, pays membership dues, or at a dinner, party, or 2456
function to which all members of the general assembly or all 2457
members of either house of the general assembly are invited;2458

       (3) A gift of any amount in the form of cash or the2459
equivalent of cash, or a gift of any other thing of value whose2460
value exceeds seventy-five dollars. As used in division (C)(3) of2461
this section, "gift" does not include any contribution or any2462
gifts of meals and other food and beverages or the payment of2463
expenses incurred for travel to destinations either inside or2464
outside this state that is received by the member of the general2465
assembly and that is incurred in connection with the member's2466
official duties.2467

       (D) It is not a violation of division (C)(2) of this section2468
if, within sixty days after receiving notice from a legislative2469
agent that the legislative agent has provided a member of the2470
general assembly with more than seventy-five dollars aggregated in2471
a calendar year as payment for meals and other food and beverages,2472
the member of the general assembly returns to that legislative2473
agent the amount received that exceeds seventy-five dollars.2474

       (E) The joint legislative ethics committee may impose a fine2475
of not more than one thousand dollars upon a member of the general2476
assembly who violates division (B) of this section.2477

       Sec. 102.06.  (A) The appropriate ethics commission shall2478
receive and may initiate complaints against persons subject to2479
Chapter 102. of the Revised Code concerning conduct alleged to be2480
in violation of this chapter or section 2921.42 or 2921.43 of the2481
Revised Code. All complaints except those by the commission shall2482
be by affidavit made on personal knowledge, subject to the2483
penalties of perjury. Complaints by the commission shall be by2484
affidavit, based upon reasonable cause to believe that a violation2485
has occurred.2486

       (B) The commission shall investigate complaints, may2487
investigate charges presented to it, and may request further2488
information, including the specific amount of income from a2489
source, from any person filing with the commission a statement2490
required by section 102.02 of the Revised Code, if the information2491
sought is directly relevant to a complaint or charges received by2492
the commission pursuant to this section. This information is2493
confidential, except that the commission, at its discretion, may2494
share information gathered in the course of any investigation2495
with, or disclose the information to, the inspector general, any 2496
appropriate prosecuting authority, any law enforcement agency, or 2497
any other appropriate ethics commission. The person so requested 2498
shall furnish the information to the commission, unless within 2499
fifteen days from the date of the request the person files an 2500
action for declaratory judgment challenging the legitimacy of the 2501
request in the court of common pleas of the county of histhe 2502
person's residence, histhe person's place of employment, or 2503
Franklin county. The requested information need not be furnished 2504
to the commission during the pendency of the judicial proceedings. 2505
Proceedings of the commission in connection with the declaratory 2506
judgment action shall be kept confidential except as otherwise 2507
provided by this section. Before the commission proceeds to take 2508
any formal action against a person who is the subject of an 2509
investigation based on charges presented to the commission, a 2510
complaint shall be filed against the person. If the commission 2511
finds that a complaint is not frivolous, and there is reasonable 2512
cause to believe that the facts alleged in a complaint constitute 2513
a violation of section 102.02, 102.03, 102.04, 102.07, 2921.42, or2514
2921.43 of the Revised Code, it shall hold a hearing. If the2515
commission does not so find, it shall dismiss the complaint and2516
notify the accused person in writing of the dismissal of the2517
complaint. The commission shall not make a report of its finding2518
unless the accused person requests a report. Upon the request of2519
the accused person, the commission shall make a public report of2520
its finding. The person against whom the complaint is directed2521
shall be given reasonable notice by certified mail of the date,2522
time, and place of the hearing and a statement of the charges and2523
the law directly involved and shall be given the opportunity to be 2524
represented by counsel, to have counsel appointed for himthe2525
person if hethe person is unable to afford counsel without undue2526
hardship, to examine the evidence against himthe person, to 2527
produce evidence and to call and subpoena witnesses in histhe 2528
person's defense, to confront histhe person's accusers, and to 2529
cross-examine witnesses. The commission shall have a stenographic 2530
record made of the hearing. The hearing shall be closed to the 2531
public.2532

       (C)(1)(a) If upon the basis of the hearing, the commission2533
finds by a preponderance of the evidence that the facts alleged in2534
the complaint are true and constitute a violation of section2535
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised2536
Code, it shall report its findings to the appropriate prosecuting2537
authority for proceedings in prosecution of the violation and to2538
the appointing or employing authority of the accused.2539

       (b) If the Ohio ethics commission reports its findings to2540
the appropriate prosecuting authority under division (C)(1)(a) of2541
this section and the prosecuting authority has not initiated any2542
official action on those findings within ninety days after2543
receiving the commission's report of them, then the commission may2544
publicly comment that no official action has been taken on its2545
findings, except that the commission shall make no comment in2546
violation of the Rules of Criminal Procedure or about any2547
indictment that has been sealed pursuant to any law or those2548
rules. The commission shall make no comment regarding the merits2549
of its findings. As used in division (C)(1)(b) of this section,2550
"official action" means prosecution, closure after investigation,2551
or grand jury action resulting in a true bill of indictment or no2552
true bill of indictment.2553

       (2) If the appropriate ethics commission does not find by a2554
preponderance of the evidence that the facts alleged in the2555
complaint are true and constitute a violation of section 102.02,2556
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code or2557
if the commission has not scheduled a hearing within ninety days2558
after the complaint is filed or has not finally disposed of the2559
complaint within six months after it has been heard, it shall2560
dismiss the complaint and notify the accused person in writing of2561
the dismissal of the complaint. The commission shall not make a2562
report of its finding unless the accused person requests a report.2563
Upon the request of the accused person, the commission shall make2564
a public report of the finding, but in this case all evidence and2565
the record of the hearing shall remain confidential unless the2566
accused person also requests that the evidence and record be made2567
public. Upon request by the accused person, the commission shall2568
make the evidence and the record available for public inspection.2569

       (D) The commission, or a member of the commission, may2570
administer oaths, and the commission may issue subpoenas to any2571
person in the state compelling the attendance of witnesses and the2572
production of relevant papers, books, accounts, and records. The2573
commission shall issue subpoenas to compel the attendance of2574
witnesses and the production of documents upon the request of an2575
accused person. Section 101.42 of the Revised Code shall govern2576
the issuance of these subpoenas insofar as applicable. Upon the2577
refusal of any person to obey a subpoena or to be sworn or to2578
answer as a witness, the commission may apply to the court of2579
common pleas of Franklin county under section 2705.03 of the2580
Revised Code. The court shall hold proceedings in accordance with2581
Chapter 2705. of the Revised Code. The commission or the accused2582
person may take the depositions of witnesses residing within or2583
without the state in the same manner as prescribed by law for the2584
taking of depositions in civil actions in the court of common2585
pleas.2586

       (E) At least once each year, the Ohio ethics commission2587
shall report on its activities of the immediately preceding year2588
to the majority and minority leaders of the senate and house of2589
representatives of the general assembly. The report shall2590
indicate the total number of complaints received, initiated, and2591
investigated by the commission, the total number of complaints for2592
which formal hearings were held, and the total number of2593
complaints for which formal prosecution was recommended or2594
requested by the commission. The report also shall indicate the2595
nature of the inappropriate conduct alleged in each complaint and2596
the governmental entity with which any employee or official that2597
is the subject of a complaint was employed at the time of the2598
alleged inappropriate conduct.2599

       (F) All papers, records, affidavits, and documents upon any2600
complaint, inquiry, or investigation relating to the proceedings2601
of the appropriate commission shall be sealed and are private and2602
confidential, except as otherwise provided in this section and2603
section 102.07 of the Revised Code.2604

       (G)(1) When a complaint or charge is before it, the Ohio2605
ethics commission or the appropriate prosecuting authority, in2606
consultation with the person filing the complaint or charge, the2607
accused, and any other person the commission or prosecuting2608
authority considers necessary, may compromise or settle the2609
complaint or charge with the agreement of the accused. The2610
compromise or settlement may include mediation, restitution,2611
rescission of affected contracts, forfeiture of any benefits2612
resulting from a violation or potential violation of law,2613
resignation of a public official or employee, or any other relief2614
that is agreed upon between the commission or prosecuting2615
authority and the accused.2616

       (2) Any settlement agreement entered into under division2617
(G)(1) of this section shall be in writing and be accompanied by a2618
statement of the findings of the commission or prosecuting2619
authority and the reasons for entering into the agreement. The2620
commission or prosecuting authority shall retain the agreement and2621
statement in itsthe commission's or hisprosecuting attorney's2622
office and, in itsthe commission's or hisprosecuting authority's2623
discretion, may make the agreement, the statement, and any2624
supporting information public, unless the agreement provides2625
otherwise.2626

       (3) If a settlement agreement is breached by the accused,2627
the commission or prosecuting authority, in itsthe commission's2628
or hisprosecuting authority's discretion, may rescind the2629
agreement and reinstitute any investigation, hearing, or2630
prosecution of the accused. No information obtained from the2631
accused in reaching the settlement that is not otherwise2632
discoverable from the accused shall be used in any proceeding2633
before the commission or by the appropriate prosecuting authority2634
in prosecuting the violation. Notwithstanding any other section of2635
the Revised Code, if a settlement agreement is breached, any2636
statute of limitations for a violation of this chapter or section2637
2921.42 or 2921.43 of the Revised Code is tolled from the date the2638
complaint or charge is filed until the date the settlement2639
agreement is breached.2640

       Sec. 103.143.  In addition to its duties under section 103.142641
of the Revised Code, the legislative budget office of the2642
legislative service commission shall, in accordance with this2643
section, review all bills assigned to a committee of the general2644
assembly, complete the appropriate local impact statements2645
required by this section, and compile and distribute these2646
statements as required by division (D) of this section.2647

       (A) Subject to division (F) of this section, whenever any2648
bill is introduced into either house of the general assembly and2649
receives second consideration pursuant to the rules of that house,2650
the bill shall be reviewed immediately by the legislative budget2651
officer. Upon completing this review, the legislative budget2652
officer shall determine whether the bill could result in a net2653
additional cost to school districts, counties, townships, or2654
municipal corporations from any new or expanded program or service2655
that school districts, counties, townships, or municipal2656
corporations would be required to perform or administer under the2657
bill. If the legislative budget officer determines that it could2658
result in such a cost, the legislative budget officeservice2659
commission shall prepare a local impact statement in the manner2660
specified in this section. Immediately upon determining the2661
potential for a net additional cost, the legislative budget2662
officer shall notify the sponsor of the bill, the chairperson of2663
the committee to which the bill has been assigned, and the2664
presiding officer and minority leader of the house in which the2665
bill originates of the legislative budget officer's determination2666
by signing and dating a statement to be delivered to them.2667

       If a local impact statement is required, the legislative2668
budget officeservice commission shall, as soon as possible but no2669
later than thirty days after the date the bill is scheduled for a2670
first hearing in a committee in the house in which the bill was2671
introduced or no later than thirty days after being requested to2672
do so by the chairperson of such a committee, prepare a statement2673
containing the most accurate estimate possible, in dollars, of the2674
net additional costs, if any, that will be required of school2675
districts, counties, townships, or municipal corporations to2676
perform or administer a new or expanded program or service2677
required under the bill. Copies of this statement shall be sent2678
to the governor, the speaker of the house of representatives, the2679
president of the senate, the sponsor of the bill, the minority2680
leader in both houses, and the chairperson of the committee to2681
which the bill has been assigned.2682

       No bill for which a local impact statement is required by2683
this section shall be voted out of committee until after the2684
committee members have received and considered the statement or,2685
if the bill was amended in committee, the revised statement,2686
unless the bill is voted out of committee by a two-thirds vote of2687
the membership of the committee.2688

       (B) In preparing a local impact statement, the legislative2689
budget officeservice commission may request any department,2690
division, institution, board, commission, authority, bureau, or2691
other instrumentality or officer of the state, a school district,2692
a county, a municipal corporation, or a township to provide any of2693
the following information:2694

       (1) An estimate, in dollars, of the amount by which the bill2695
would increase or decrease the revenues received or expenditures2696
made by the instrumentality, officer, or entity;2697

       (2) Any other information the legislative budget office2698
service commission considers necessary for it to understand or2699
explain the fiscal effect of the bill.2700

       An instrumentality, officer, or entity shall comply with a2701
request as soon as reasonably possible, but not later than fifteen2702
days, after receiving it. The legislative budget officeservice2703
commission shall specify the manner of compliance in its request,2704
and if necessary may specify a period of time longer than fifteen2705
days for compliance. The legislative budget officeservice2706
commission may consider any information provided under division2707
(B)(1) or (2) of this section in preparing a local impact2708
statement.2709

       (C) Any time a bill is amended, the legislative budget2710
officeservice commission shall, as soon as reasonably possible,2711
revise the local impact statement to reflect changes made by2712
amendment.2713

       (D) The legislative budget officeservice commission shall2714
annually compile the final local impact statements completed for2715
all laws passed by both houses of the general assembly in the2716
preceding year. It shall send a copy of this compilation as a2717
draft report to the state and local government commission and to2718
associations or nonprofit organizations formed for the improvement2719
of school districts or municipal, township, or county government2720
or for their elected officials by the last day of July of each2721
year. Upon receiving the draft report, the state and local2722
government commission shall solicit comments from these2723
associations and organizations may comment about the actual fiscal2724
impact of bills passed during the year covered by the report. The2725
commission shall review and comment on the draft report before2726
returning it to the legislative budget office, along with theand2727
forward those comments of the associations and organizations,to2728
the legislative service commission by the last day of August. The2729
legislative budget officeservice commission shall then prepare a2730
final report consisting of the compiled local impact statements2731
and all forwarded comments returned by the state and local2732
government commission. The final report shall be completed by the2733
last day of September and copies of the report shall be sent to2734
the governor, the speaker of the house of representatives, and the2735
president of the senate.2736

       (E) As used in this section, "net additional cost" means any2737
cost incurred or anticipated to be incurred by a school district,2738
county, township, or municipal corporation in performing or2739
administering a new or expanded program or service required by a2740
state law other than any of the following:2741

       (1) A cost arising from the exercise of authority granted by2742
a state law rather than from the performance of a duty or2743
obligation imposed by a state law;2744

       (2) New duties or obligations that create only a minimal2745
cost for affected school districts, counties, townships, or2746
municipal corporations. The legislative budget officeservice2747
commission shall determine what constitutes such a minimal cost.2748
Before making this determination, the legislative budget office2749
service commission shall notify the state organizations that2750
represent school districts, counties, townships, and municipal2751
corporations regarding the proposed determination and provide a2752
thirty-day period for these organizations and individual school2753
districts, counties, townships, and municipal corporations to2754
comment on it.2755

       (3) A cost arising from a law passed as a result of a2756
federal mandate.2757

       The amounts described in division (E)(2) of this section2758
include only the amounts remaining after subtracting from such2759
costs any revenues received or receivable by the school district,2760
county, township, or municipal corporation on account of the2761
program or service, including the following:2762

       (a) Fees charged to the recipients of the program or2763
service;2764

       (b) State or federal aid paid specifically or categorically2765
in connection with the program or service;2766

       (c) Any offsetting savings resulting from the diminution or2767
elimination of any other program or service directly attributable2768
to the performance or administration of the required program or2769
service.2770

       (F) This section does not apply to any of the following:2771

       (1) The main biennial operating appropriations bill;2772

       (2) The biennial operating appropriations bill for state2773
agencies supported by motor fuel tax revenue;2774

       (3) The biennial operating appropriations bill or bills for2775
the bureau of workers' compensation and the industrial commission;2776

       (4) Any other bill that makes the principal biennial2777
operating appropriations for one or more state agencies;2778

       (5) The bill that primarily contains corrections and2779
supplemental appropriations to the biennial operating2780
appropriations bills;2781

       (6) The main biennial capital appropriations bill;2782

       (7) The bill that primarily contains reappropriations from2783
previous capital appropriations bills.2784

       Sec. 103.33. This section shall be known as "The Community2785
Organizations Access Procedure Act."2786

       Any state agency that is eligible to receive federal funds2787
under a federal grant program and that cannot or has decided that2788
it will not participate fully in the program shall promptly report2789
both of the following to the joint legislative committee on2790
federal funds:2791

       (A) That the agency cannot or has decided that it will not2792
participate fully in the program, along with the reason;2793

       (B) Whether there is some means allowable under federal law2794
by which counties or not-for-profit organizations can receive the2795
federal funds to participate in the program, as by being agents or2796
grantees of the agency.2797

       If there is a means whereby counties or not-for-profit2798
organizations can so participate in the program, the agency shall2799
post on a generally accessible internet website detailed2800
information about the program and the means by which the counties2801
or not-for-profit organizations can participate in the program.2802
The information shall be posted within ample time for the counties2803
or not-for-profit organizations to participate fully in the2804
program. Any county interested in participating in the program2805
shall apply to the agency on its own behalf. Any county that is2806
willing to be the fiscal agent for a not-for-profit organization2807
interested in participating and qualified to participate in the2808
program, or that arranges with a responsible organization to be2809
the fiscal agent for the program in the county, shall advertise or2810
otherwise inform such organizations about the program and shall2811
apply to the agency in conjunction with or on behalf of the2812
not-for-profit organization. The agency shall accept applications2813
from the counties on a first-come, first-served basis, shall apply2814
to the federal government for the funds, and shall pay the federal2815
funds to the counties when available.2816

       As used in this section, "not-for-profit organizations" means2817
organizations, including faith-based organizations, exempt from2818
federal income taxation under section 501(c)(3) of the "Internal2819
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as2820
amended.2821

       Sec. 105.41.  (A) There is hereby created the capitol square2822
review and advisory board, consisting of nine members as follows:2823

       (1) Two members of the senate, appointed by the president of2824
the senate, both of whom shall not be members of the same2825
political party;2826

       (2) Two members of the house of representatives, appointed2827
by the speaker of the house of representatives, both of whom shall2828
not be members of the same political party;2829

       (3) Five members appointed by the governor, with the advice2830
and consent of the senate, not more than three of whom shall be2831
members of the same political party, one of whom shall represent2832
the office of the state architect and engineer, one of whom shall2833
represent the Ohio arts council, one of whom shall represent the2834
Ohio historical society, one of whom shall represent the Ohio2835
building authority, and one of whom shall represent the public at2836
large.2837

       (B) Terms of office of each appointed member of the board2838
shall be for three years, except that members of the general2839
assembly appointed to the board shall be members of the board only2840
so long as they are members of the general assembly. Each member2841
shall hold office from the date of the member's appointment until2842
the end of the term for which the member was appointed. In case2843
of a vacancy occurring on the board, the president of the senate,2844
the speaker of the house of representatives, or the governor, as2845
the case may be, shall in the same manner prescribed for the2846
regular appointment to the commission, fill the vacancy by2847
appointing a member. Any member appointed to fill a vacancy2848
occurring prior to the expiration of the term for which the2849
member's predecessor was appointed shall hold office for the2850
remainder of the term. Any member shall continue in office2851
subsequent to the expiration date of the member's term until the2852
member's successor takes office, or until a period of sixty days2853
has elapsed, whichever occurs first.2854

       (C) The board shall hold meetings in a manner and at times2855
prescribed by the rules adopted by the board. A majority of the2856
board constitutes a quorum, and no action shall be taken by the2857
board unless approved by at least five voting members. At its2858
first meeting, the board shall adopt rules for the conduct of its2859
business and the election of its officers, and shall organize by2860
selecting a chairperson and other officers as it considers2861
necessary. Board members shall serve without compensation but2862
shall be reimbursed for actual and necessary expenses incurred in2863
the performance of their duties.2864

       (D) The board may do any of the following:2865

       (1) Employ or hire on a consulting basis professional,2866
technical, and clerical employees as are necessary for the2867
performance of its duties;2868

       (2) Hold public hearings at times and places as determined2869
by the board;2870

       (3) Adopt, amend, or rescind rules necessary to accomplish2871
the duties of the board as set forth in this section;2872

       (4) Sponsor, conduct, and support such social events as the2873
board may authorize and consider appropriate for the employees of2874
the board, employees and members of the general assembly,2875
employees of persons under contract with the board or otherwise2876
engaged to perform services on the premises of capitol square, or2877
other persons as the board may consider appropriate. Subject to2878
the requirements of Chapter 4303. of the Revised Code, the board2879
may provide beer, wine, and intoxicating liquor, with or without2880
charge, for suchthose events and may use funds only from the sale2881
of goods and services fund to purchase the beer, wine, and2882
intoxicating liquor the board provides.2883

       (E) The board shall do all of the following:2884

       (1) Have sole authority to coordinate and approve any2885
improvements, additions, and renovations that are made to the2886
capitol square. The improvements shall include, but not be2887
limited to, the placement of monuments and sculpture on the2888
capitol grounds.2889

       (2) OperateSubject to section 3353.07 of the Revised Code,2890
operate the capitol square, and have sole authority to regulate2891
all uses of the capitol square. The uses shall include, but not2892
be limited to, the casual and recreational use of the capitol2893
square.2894

       (3) Employ, fix the compensation of, and prescribe the2895
duties of the executive director of the board and such other2896
employees as the board considers necessary for the performance of2897
its powers and duties;2898

       (4) Establish and maintain the capitol collection trust. The2899
capitol collection trust shall consist of furniture, antiques, and2900
other items of personal property that the board shall store in2901
suitable facilities until they are ready to be placed in the2902
capitol square.2903

       (5) Perform such repair, construction, contracting,2904
purchasing, maintenance, supervisory, and operating activities as2905
the board determines are necessary for the operation and2906
maintenance of the capitol square;2907

       (6) Maintain and preserve the capitol square, in accordance2908
with guidelines issued by the United States secretary of the2909
interior for application of the secretary's standards for2910
rehabilitation adopted in 36 C.F.R. part 67.2911

       (F)(1) The capitol square review and advisory board shall2912
lease capital facilities improved or financed by the Ohio building2913
authority pursuant to Chapter 152. of the Revised Code for the use2914
of the board, and may enter into any other agreements with the2915
authority ancillary to improvement, financing, or leasing of such2916
those capital facilities, including, but not limited to, any2917
agreement required by the applicable bond proceedings authorized2918
by Chapter 152. of the Revised Code. Any lease of capital2919
facilities authorized by this section shall be governed by2920
division (D) of section 152.24 of the Revised Code.2921

       (2) Fees, receipts, and revenues received by the capitol2922
square review and advisory board from the state underground2923
parking garage constitute available receipts as defined in section2924
152.09 of the Revised Code, and may be pledged to the payment of2925
bond service charges on obligations issued by the Ohio building2926
authority pursuant to Chapter 152. of the Revised Code to improve2927
or finance capital facilities useful to the board. The authority2928
may, with the consent of the board, provide in the bond2929
proceedings for a pledge of all or sucha portion of suchthose2930
fees, receipts, and revenues as the authority determines. The2931
authority may provide in the bond proceedings or by separate2932
agreement with the board for the transfer of suchthose fees,2933
receipts, and revenues to the appropriate bond service fund or2934
bond service reserve fund as required to pay the bond service2935
charges when due, and any such provision for the transfer of such2936
those fees, receipts, and revenues shall be controlling2937
notwithstanding any other provision of law pertaining to such2938
those fees, receipts, and revenues.2939

       (3) All moneys received by the treasurer of state on account2940
of the board and required by the applicable bond proceedings or by2941
separate agreement with the board to be deposited, transferred, or2942
credited to the bond service fund or bond service reserve fund2943
established by suchthe bond proceedings shall be transferred by2944
the treasurer of state to such fund, whether or not such fundit2945
is in the custody of the treasurer of state, without necessity for2946
further appropriation, upon receipt of notice from the Ohio2947
building authority as prescribed in the bond proceedings.2948

       (G) All fees, receipts, and revenues received by the capitol2949
square review and advisory board from the state underground2950
parking garage shall be deposited into the state treasury to the2951
credit of the underground parking garage operating fund, which is2952
hereby created, to be used for the purposes specified in division2953
(F) of this section and for the operation and maintenance of the2954
garage. All investment earnings of the fund shall be credited to2955
the fund.2956

       (H) All donations received by the capitol square review and2957
advisory board shall be deposited into the state treasury to the2958
credit of the capitol square renovation gift fund, which is hereby2959
created. The fund shall be used by the capitol square review and2960
advisory board as follows:2961

       (1) To provide part or all of the funding related to2962
construction, goods, or services for the renovation of the capitol2963
square;2964

       (2) To purchase art, antiques, and artifacts for display at2965
the capitol square;2966

       (3) To award contracts or make grants to organizations for2967
educating the public regarding the historical background and2968
governmental functions of the capitol square. Chapters 125.,2969
127., and 153. and section 3517.13 of the Revised Code do not2970
apply to purchases made exclusively from the fund, notwithstanding2971
anything to the contrary in those chapters or that section. All2972
investment earnings of the fund shall be credited to the fund.2973

       (I) Except as provided in divisions (G), (H), and (J) of2974
this section, all fees, receipts, and revenues received by the2975
capitol square review and advisory board shall be deposited into2976
the state treasury to the credit of the sale of goods and services2977
fund, which is hereby created. Money credited to the fund shall2978
be used solely to pay costs of the board other than those2979
specified in divisions (F) and (G) of this section. All2980
investment earnings of the fund shall be credited to the fund.2981

       (J) There is hereby created in the state treasury the2982
capitol square improvement fund, to be used by the capitol square2983
review and advisory board to pay construction, renovation, and2984
other costs related to the capitol square for which money is not2985
otherwise available to the board. Whenever the board determines2986
that there is a need to incur suchthose costs and that the2987
unencumbered, unobligated balance to the credit of the underground2988
parking garage operating fund exceeds the amount needed for the2989
purposes specified in division (F) of this section and for the2990
operation and maintenance of the garage, the board may request the2991
director of budget and management to transfer from the underground2992
parking garage operating fund to the capitol square improvement2993
fund the amount needed to pay such construction, renovation, or2994
other costs. The director then shall thereupon transfer the2995
amount needed from the excess balance of the underground parking2996
garage operating fund.2997

       (K) As the operation and maintenance of the capitol square2998
constitute essential government functions of a public purpose, the2999
board shall not be required to pay taxes or assessments upon the3000
square, or upon any property acquired or used by the board under3001
this section, or upon any income generated by the operation of the3002
square.3003

       (L) As used in this section, "capitol square" means the3004
capitol building, senate building, capitol atrium, capitol3005
grounds, and the state underground parking garage.3006

       (M) The capitol annex shall be known as the senate building.3007

       Sec. 107.10.  The following records shall be kept in the3008
Governor'sgovernor's office:3009

       (A) A register of every bill passed by the general assembly3010
whichthat has been presented to the governor, in which is entered3011
the number of the bill, the date suchthe bill was presented to3012
the governor, and the action taken thereonon it by the governor3013
and the date thereofof the action;3014

       (B) An appointment record in which is entered the name of3015
each person appointed to an office by the governor, except3016
notaries public and commissioners, the office to which appointed,3017
the date of the appointment, the date of the commission, the date3018
of the beginning and expiration of the term, and, the result and3019
date of action by the senate, if required;3020

       (C) A record of notaries public in which is entered the name,3021
post-office address, county, date of commission, and the beginning3022
and expiration of term of each notary public appointed;3023

       (D) A record of commissioners in which is entered the name,3024
post-office address, the state, territory, or county where the3025
appointee resides, the date of commission, and the beginning and3026
expiration of term of each commissioner appointed;3027

       (E)(D) A record of requisitions in which is entered both of3028
the following: (1) an3029

       (1) An abstract of each application for a requisition,3030
showing date, by whom made, the name of the alleged fugitive, the3031
offense charged, upon the executive authority of what state,3032
territory, or country the requisition is made, and whether granted3033
or refused; (2) an3034

       (2) An abstract of requisition received, showing date of3035
receipt, from what state or territory issued, the name of the3036
alleged fugitive, the offense charged, whether a warrant was3037
issued or refused, and if issued, to the sheriff of what county,3038
or the reason for refusing to issue a warrant;.3039

       (F)(E) A pardon record in which is entered the date of each3040
application for pardon, reprieve, or commutation, the name of the3041
convict, of what crime, in what county, and at what term of court3042
hethe convict was convicted, the sentence of the court, the3043
action of the governor, the reason thereforfor that action, and3044
the date thereofof that action.3045


       Sec. 107.24. (A) As used in this section, "internet" means 3047
the international computer network of both federal and nonfederal 3048
interoperable packet switched data networks, including the 3049
graphical subnetwork called the world wide web.3050

       (B) The state, through its authorized officials, shall 3051
contract with an advertising service provider for the purpose of 3052
the provider's leasing to persons media space on state agency 3053
internet sites. The contract shall require the advertising 3054
service provider to do both of the following:3055

       (1) Comply with all standards pertaining to leases of media 3056
space on state agency internet sites that are adopted by the 3057
governor's council for electronic commerce. The council shall 3058
adopt standards of that nature, and they shall include, but not be 3059
limited to, user privacy standards. The council shall adopt 3060
initial standards of that nature within ninety days after the 3061
effective date of this section, and no contract shall be entered 3062
into under this section until those initial standards are adopted.3063

       (2) Limit leases of media space to advertisements of 3064
commercial transactions that are not in violation of the United 3065
States Constitution, the Ohio Constitution, federal statutes, or 3066
the statutes of this state.3067

       Sec. 111.16.  The secretary of state shall charge and3068
collect, for the benefit of the state, the following fees:3069

       (A) For filing and recording articles of incorporation of a3070
domestic corporation, including designation of agent:3071

       (1) Wherein the corporation shall not be authorized to issue3072
any shares of capital stock, one hundred twenty-five dollars.;3073

       (2) Wherein the corporation shall be authorized to issue3074
shares of capital stock, with or without par value:3075

       (a) Ten cents for each share authorized up to and including3076
one thousand shares;3077

       (b) Five cents for each share authorized in excess of one3078
thousand shares up to and including ten thousand shares;3079

       (c) Two cents for each share authorized in excess of ten3080
thousand shares up to and including fifty thousand shares;3081

       (d) One cent for each share authorized in excess of fifty3082
thousand shares up to and including one hundred thousand shares;3083

       (e) One-half cent for each share authorized in excess of one3084
hundred thousand shares up to and including five hundred thousand3085
shares;3086

       (f) One-quarter cent for each share authorized in excess of3087
five hundred thousand shares; provided no fee shall be less than3088
eighty-fiveone hundred twenty-five dollars or greater than one3089
hundred thousand dollars.3090

       (B) For filing and recording a certificate of amendment to3091
or amended articles of incorporation of a domestic corporation, or3092
for filing and recording a certificate of reorganization, a3093
certificate of dissolution, or an amendment to a foreign license3094
application:3095

       (1) If the domestic corporation is not authorized to issue3096
any shares of capital stock, twenty-fivefifty dollars;3097

       (2) If the domestic corporation is authorized to issue3098
shares of capital stock, thirty-fivefifty dollars, and in case of3099
any increase in the number of shares authorized to be issued, a3100
further sum computed in accordance with the schedule set forth in3101
division (A)(2) of this section less a credit computed in the same3102
manner for the number of shares previously authorized to be issued3103
by the corporation; provided no fee under division (B)(2) of this3104
section shall be greater than one hundred thousand dollars;3105

       (3) If the foreign corporation is not authorized to issue3106
any shares of capital stock, fifty dollars;3107

       (4) If the foreign corporation is authorized to issue shares3108
of capital stock, fifty dollars.3109

       (C) For filing and recording articles of incorporation of a3110
savings and loan association, one hundred twenty-five dollars; and3111
for filing and recording a certificate of amendment to or amended3112
articles of incorporation that do not involve an increase in the3113
authorized capital stock of such corporationof a savings and loan3114
association, twenty-fivefifty dollars; and for filing and3115
recording a certificate of amendment to or amended articles of3116
incorporation that do involve an increase in the authorized3117
capital stock of such corporation, thirty-five dollars;3118

       (D) For filing and recording a certificate of merger or3119
consolidation, fiftyone hundred twenty-five dollars and, in the3120
case of any new corporation resulting from a consolidation or any3121
surviving corporation that has an increased number of shares3122
authorized to be issued resulting from a merger, an additional sum3123
computed in accordance with the schedule set forth in division3124
(A)(2) of this section less a credit computed in the same manner3125
for the number of shares previously authorized to be issued or3126
represented in this state by each of the corporations for which a3127
consolidation or merger is effected by the certificate;3128

       (E) For filing and recording articles of incorporation of a3129
credit union or the American credit union guaranty association,3130
thirty-fiveone hundred twenty-five dollars, and for filing and3131
recording a certificate of increase in capital stock or any other3132
amendment of the articles of incorporation of a credit union or3133
the association, twenty-fivefifty dollars;3134

       (F) For filing and recording articles of organization of a3135
limited liability company or, for filing and recording an3136
application to become a registered foreign limited liability3137
company, for filing and recording a registration application to3138
become a domestic limited liability partnership, or for filing and3139
recording an application to become a registered foreign limited3140
liability partnership, eighty-fiveone hundred twenty-five3141
dollars;3142

       (G) For filing and recording a certificate of limited3143
partnership or an application for registration as a foreign3144
limited partnership the following apply:3145

       (1) If the certificate or application is for a limited3146
partnership or foreign limited partnership described in division3147
(A)(1) of section 1782.63 of the Revised Code, and the partnership3148
has complied with divisions (A)(1)(a) to (e) of that section, no3149
fee;3150

       (2) If the certificate or application is for a limited3151
partnership or foreign limited partnership other than a3152
partnership described in division (G)(1) of this section,3153
eighty-five, one hundred twenty-five dollars.3154

       (H) For filing a copy of papers evidencing the incorporation3155
of a municipal corporation or of annexation of territory by a3156
municipal corporation, five dollars, to be paid by the municipal3157
corporation, the petitioners therefor, or their agent;3158

       (I) For filing and recording any of the following:3159

       (1) A license to transact business in this state by a3160
foreign corporation for profit pursuant to section 1703.04 of the3161
Revised Code or a foreign nonprofit corporation pursuant to3162
section 1703.27 of the Revised Code, one hundred twenty-five3163
dollars;3164

       (2) An annual report or annual statement pursuant to section3165
1775.63 or 1785.06 of the Revised Code, tentwenty-five dollars;3166

       (3) AnyExcept as otherwise provided in this section or any3167
other section of the Revised Code, any other certificate or paper3168
that is required to be filed and recorded or is permitted by any3169
provision of the Revised Code to be filed and recorded by any3170
provision of the Revised Code with the secretary of state, ten3171
twenty-five dollars.3172

       (J) For filing any certificate or paper not required to be3173
recorded, five dollars;3174

       (K)(1) For making copies of any certificate or other paper3175
filed in the office of the secretary of state, the cost shalla3176
fee not to exceed one dollar per page, except as otherwise3177
provided in the Revised Code, and for creating and affixing the3178
seal of the office of the secretary of state to any good standing3179
or other certificate, five dollars, except that for. For copies3180
of certificates or papers required by state officers for official3181
purpose, no charge shall be made;.3182

       (2) For creating and affixing the seal of the office of the3183
secretary of state to the certificates described in division (E)3184
of section 1701.81, division (E) of section 1705.38, or division3185
(D) of section 1702.43 of the Revised Code, twenty-five dollars.3186

       (L) For a minister's license to solemnize marriages, ten3187
dollars;3188

       (M) For examining documents to be filed at a later date for3189
the purpose of advising as to the acceptability of the proposed3190
filing, tenfifty dollars;3191

       (N) For expedited filing service for filings referred to in3192
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,3193
ten dollars in addition to the fee for filing and recording3194
provided in those divisionsFifty dollars for filing and recording3195
any of the following:3196

       (1) A certificate of dissolution and accompanying documents,3197
or a certificate of cancellation, under section 1701.86, 1702.47,3198
1705.43, or 1782.10 of the Revised Code;3199

       (2) A notice of dissolution of a foreign licensed3200
corporation or a certificate of surrender of license by a foreign3201
licensed corporation under section 1703.17 of the Revised Code;3202

       (3) The withdrawal of registration of a foreign or domestic3203
limited liability partnership under section 1775.61 or 1775.64 of3204
the Revised Code, or the certificate of cancellation of3205
registration of a foreign limited liability company under section3206
1705.57 of the Revised Code;3207

       (4) The filing of a cancellation of disclaimer of general3208
partner status under Chapter 1782. of the Revised Code.3209

       (O) FeesFor filing a statement of continued existence by a3210
nonprofit corporation, twenty-five dollars;3211

       (P) For filing a restatement under section 1705.08 or3212
1782.09 of the Revised Code, an amendment to a certificate of3213
cancellation under section 1782.10 of the Revised Code, an3214
amendment under section 1705.08 or 1782.09 of the Revised Code, or3215
a correction under section 1705.55, 1775.61, 1775.64, or 1782.523216
of the Revised Code, fifty dollars;3217

       (Q) For filing for reinstatement of an entity cancelled by3218
operation of law, by the secretary of state, by order of the3219
department of taxation, or by order of a court, twenty-five3220
dollars;3221

       (R) For filing a change of agent, resignation of agent, or3222
change of agent's address under section 1701.07, 1702.06,3223
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.043224
of the Revised Code, twenty-five dollars;3225

       (S) For filing and recording any of the following:3226

       (1) An application for the exclusive right to use a name or3227
an application to reserve a name for future use under section3228
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised3229
Code, fifty dollars;3230

       (2) A trade name or fictitious name registration or report,3231
fifty dollars;3232

       (3) An application to renew any item covered by division3233
(S)(1) or (2) of this section that is permitted to be renewed,3234
twenty-five dollars;3235

       (4) An assignment of rights for use of a name covered by3236
division (S)(1), (2), or (3) of this section, the cancellation of3237
a name registration or name reservation that is so covered, or3238
notice of a change of address of the registrant of a name that is3239
so covered, twenty-five dollars.3240

       (T) For filing and recording a report to operate a business3241
trust or a real estate investment trust, either foreign or3242
domestic, one hundred twenty-five dollars; and for filing and3243
recording an amendment to a report or associated trust instrument,3244
or a surrender of authority, to operate a business trust or real3245
estate investment trust, fifty dollars;3246

       (U)(1) For filing and recording the registration of a3247
trademark, service mark, or mark of ownership, one hundred3248
twenty-five dollars;3249

       (2) For filing and recording the change of address of a3250
registrant, the assignment of rights to a registration, a renewal3251
of a registration, or the cancellation of a registration3252
associated with a trademark, service mark, or mark of ownership,3253
twenty-five dollars.3254

       Fees specified in this section may be paid by cash, check, or3255
money order, by credit cardin accordance with section 113.40 of3256
the Revised Code, or by an alternative payment program in3257
accordance with division (B) of section 111.18 of the Revised3258
Code. Any credit card number or the expiration date of any credit3259
card is not subject to disclosure under Chapter 149. of the3260
Revised Code.3261

       Sec. 111.18.  (A) The secretary of state shall keep a record3262
of all fees collected by the secretary of state and, except as3263
otherwise provided in thissubject to division (B) of section and3264
in sections 1309.401 and 1329.68 and division (C)(2) of section3265
3506.05 of the Revised Code and except as otherwise provided in3266
the Revised Code, shall pay, through June 30, 2001, fifty per cent3267
of them into the state treasury to the credit of the general3268
revenue fund and fifty per cent of them into the state treasury to3269
the credit of the corporate and uniform commercial code filing3270
fund created underby section 1309.401 of the Revised Code and3271
shall pay, on and after July 1, 2001, all of them into the state3272
treasury to the credit of the general revenue fund. Through June3273
30, 2001, all of the fees collected under divisions (I)(2) and (N)3274
of section 111.16 of the Revised Code shall be paid into the state3275
treasury to the credit of that corporate and uniform commercial3276
code filing fund. On and after July 1, 2001, the following fees3277
shall be paid into the state treasury to the credit of that3278
corporate and uniform commercial code filing fund:3279

       (1) Twenty-five dollars of each fee collected under3280
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the3281
Revised Code;3282

       (2) Twenty-five dollars of each fee collected under division3283
(C) of section 1703.031 of the Revised Code;3284

       (3) All fees collected under divisions (I)(2) and (N) of3285
section 111.16 of the Revised Code;3286

       (4) All fees collected under section 1703.08 of the Revised3287
Code;3288

       (5) Each fifty-dollar fee for amendments filed by foreign3289
nonprofit corporations under section 1703.27 of the Revised Code.3290

       (B) The secretary of state may implement a credit card3291
payment program permitting payment of any fee charged by the3292
secretary of state by means of a credit card. The secretary of3293
state may open an account outside the state treasury in a3294
financial institution for the purpose of depositing credit card3295
receipts. Within forty-eight hours following the deposit of the3296
receipts, the financial institution shall make available to the3297
secretary of state funds in the amount of the receipts. The3298
secretary of state shall then pay these funds into the state3299
treasury to the credit of the general revenue fund, except as3300
otherwise provided by the Revised Code.3301

       The secretary of state may pay the cost of any service charge3302
required by a financial institution or credit card company in3303
connection with a credit card payment program.3304

       The secretary of state shall adopt rules as necessary to3305
carry out the purposes of this division. The rules shall include3306
standards for determining eligible financial institutions and the3307
manner in which funds shall be made available and shall be3308
consistent with the standards contained in sections 135.03,3309
135.18, and 135.181 of the Revised Code.3310

       The secretary of state may implement alternative payment3311
programs that permit payment of any fee charged by the secretary3312
of state by means other than cash, check, money order, or credit3313
card; an alternative payment program may include, but is not3314
limited to, one that permits a fee to be paid by electronic means3315
of transmission. Fees paid under an alternative payment program3316
shall be deposited to the credit of the secretary of state3317
alternative payment program fund, which is hereby created. The3318
secretary of state alternative payment program fund shall be in3319
the custody of the treasurer of state but shall not be part of the3320
state treasury. Any investment income of the secretary of state3321
alternative payment program fund shall be credited to that fund3322
and used to operate the alternative payment program. Within two3323
working days following the deposit of funds to the credit of the3324
secretary of state alternative payment program fund, the secretary3325
of state shall pay those funds into the state treasury to the3326
credit of the corporate and uniform commercial code filing fund,3327
subject to division (B) of section 1309.401 of the Revised Code3328
and except as otherwise provided in the Revised Code.3329

       The secretary of state shall adopt rules necessary to carry3330
out the purposes of this division.3331

       Sec. 111.23. (A) The secretary of state, by rule, shall3332
establish, and prescribe guidelines and fees for the use of, an3333
"expedited filing service" that provides, at the option of the3334
person making such a filing, expeditious processing of any filing3335
with the secretary of state under ChaptersChapter 1309. andor3336
1329. and of any filing referred to in divisions (A), (B), (C),3337
(D), (E), (F), and (G) of section 111.16or Title XVII of the3338
Revised Code.3339

       (B) The secretary of state may adopt rules establishing, and3340
prescribing guidelines and fees for the use of, a bulk filing3341
service that provides, at the option of the person making a3342
filing, a method for providing large amounts of information. The3343
secretary of state may charge and collect fees for filings made3344
through a bulk filing service at reduced amounts from those3345
otherwise specified in or authorized by the Revised Code.3346

       (C) The secretary of state may adopt rules establishing, and3347
prescribing guidelines and fees for the use of, alternative filing3348
procedures in making filings with the secretary of state. Under3349
these rules, the secretary of state may accept any filing and3350
payment of associated fees through any electronic, digital,3351
facsimile, or other means of transmission. The filings shall be3352
made on a form prescribed by the secretary of state and shall3353
comply fully with any other requirements of the Revised Code3354
applicable to the type of filing being made.3355

       Sec. 111.25. (A) The secretary of state shall prescribe the3356
following forms for persons to use in complying with the3357
requirements of Chapter 1309. of the Revised Code for the filing3358
of financing statements and related documents:3359

       (A)(1) The financing statement described in division (A) of3360
section 1309.39 of the Revised Code;3361

       (B)(2) A form for the amendment of a financing statement3362
described in division (C) of section 1309.39 of the Revised Code;3363

       (C)(3) A continuation statement described in division (C) of3364
section 1309.40 of the Revised Code;3365

       (D)(4) A termination statement described in division (A) of3366
section 1309.41 of the Revised Code;3367

       (E)(5) A form for an assignment of rights under a financing3368
statement described in section 1309.42 of the Revised Code;3369

       (F)(6) A statement of release described in section 1309.433370
of the Revised Code.3371

       (B) The secretary of state shall prescribe the forms for3372
persons to use in complying with the requirements of Title XVII of3373
the Revised Code to the extent that those requirements relate to3374
filings with the secretary of state's office.3375

       Sec. 118.08.  (A) The members of the financial planning and3376
supervision commission shall serve without compensation, but shall3377
be paid by the commission their necessary and actual expenses3378
incurred while engaged in the business of the commission.3379

       (B) All expenses incurred for services rendered by the3380
financial supervisor for a period of twenty-four months shall be3381
paid by the commission pursuant to an appropriation made by the3382
general assembly for this purpose. Expenses incurred for services3383
rendered by the financial supervisor beyond this period shall be3384
borne by the municipal corporation, county, or township unless the3385
director of budget and management waives the costs and allows3386
payment in accordance with the following:3387

       (1) If the continued performance of the financial supervisor3388
is required for a period of twenty-five to thirty months, the3389
municipal corporation, county, or township is responsible for3390
twenty per cent of the compensation due.3391

       (2) If the continued performance of the financial supervisor3392
is required for a period of thirty-one to thirty-six months, the3393
municipal corporation, county, or township is responsible for3394
fifty per cent of the compensation due.3395

       (3) If the continued performance of the financial supervisor3396
is required for a period of thirty-seven months or more, the3397
municipal corporation, county, or township is responsible for one3398
hundred per cent of the compensation due except as otherwise3399
provided in division (B)(4) of this section.3400

       (4) Beginning in fiscal year 2000, ifIf the continued3401
performance of the financial supervisor has been required longer3402
than eight fiscal years for any municipal corporation, county, or3403
township declared to be in a fiscal emergency prior to fiscal year3404
1996, that municipal corporation, county, or township is3405
responsible for fifty per cent of the compensation due in its3406
ninth fiscal year 2000while in fiscal emergency and one hundred3407
per cent of the compensation due in its tenth fiscal year 2001and3408
every fiscal year thereafter while in fiscal emergency.3409

       (C) If the municipal corporation, county, or township fails3410
to make any payment to the financial supervisor as required by3411
this chapter, the financial supervisor may certify to the county3412
auditor the amount due, and that amount shall be withheld from the3413
municipal corporation, county, or township from any fund or funds3414
in the custody of the county auditor for distribution to the3415
municipal corporation, county, or township, except for those3416
reserved for payment of local government fund notes. Upon3417
receiving suchthe certification from the auditor of state3418
financial supervisor, the county auditor shall draw a voucher for3419
the amount against suchthose fund or funds in favor of the3420
financial supervisor.3421

       Sec. 120.06.  (A)(1) The state public defender, when3422
designated by the court or requested by a county public defender3423
or joint county public defender, may provide legal representation3424
in all courts throughout the state to indigent adults and3425
juveniles who are charged with the commission of an offense or act3426
for which the penalty or any possible adjudication includes the3427
potential loss of liberty.3428

       (2) The state public defender may provide legal3429
representation to any indigent person who, while incarcerated in3430
any state correctional institution, is charged with a felony3431
offense, for which the penalty or any possible adjudication that3432
may be imposed by a court upon conviction includes the potential3433
loss of liberty.3434

       (3) The state public defender may provide legal3435
representation to any person incarcerated in any correctional3436
institution of the state, in any matter in which the person3437
asserts the person is unlawfully imprisoned or detained.3438

       (4) The state public defender, in any case in which the3439
state public defender has provided legal representation or is3440
requested to do so by a county public defender or joint county3441
public defender, may provide legal representation on appeal.3442

       (5) The state public defender, when designated by the court3443
or requested by a county public defender, joint county public3444
defender, or the director of rehabilitation and correction, shall3445
provide legal representation in parole and probation revocation3446
matters, unless the state public defender finds that the alleged3447
parole or probation violator has the financial capacity to retain3448
the alleged violator's own counsel.3449

       (6) If the state public defender contracts with a county3450
public defender commission, a joint county public defender3451
commission, or a board of county commissioners for the provision3452
of services, under authority of division (C)(7) of section 120.043453
of the Revised Code, the state public defender shall provide legal3454
representation in accordance with the contract.3455

       (B) The state public defender shall not be required to3456
prosecute any appeal, postconviction remedy, or other proceeding3457
pursuant to division (A)(3), (4), or (5) of this section, unless3458
the state public defender first is satisfied that there is3459
arguable merit to the proceeding.3460

       (C) A court may appoint counsel or allow an indigent person3461
to select the indigent's own personal counsel to assist the state3462
public defender as co-counsel when the interests of justice so3463
require. When co-counsel is appointed to assist the state public3464
defender, the co-counsel shall receive any compensation that the3465
court may approve, not to exceed the amounts provided for in3466
section 2941.51 of the Revised Code.3467

       (D) When the state public defender is designated by the3468
court or requested by a county public defender or joint county3469
public defender to provide legal representation for an indigent3470
person in any case, other than pursuant to a contract entered into3471
under authority of division (C)(7) of section 120.04 of the3472
Revised Code, the state public defender shall send to the county3473
in which the case is filed an itemized bill for fifty per cent of3474
the actual cost of the representation. The county, upon receipt3475
of an itemized bill from the state public defender pursuant to3476
this division, shall pay fifty per cent of the actual cost of the3477
legal representation as set forth in the itemized bill. There is3478
hereby created in the state treasury the county representation3479
fund for the deposit of moneys received from counties under this3480
division. All moneys credited to the fund shall be used by the3481
state public defender to provide legal representation for indigent3482
persons when designated by the court or requested by a county or3483
joint county public defender.3484

       (E)(1) Notwithstanding any contrary provision of sections3485
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code3486
that pertains to representation by the attorney general, an3487
assistant attorney general, or special counsel of an officer or3488
employee, as defined in section 109.36 of the Revised Code, or of3489
an entity of state government, the state public defender may elect3490
to contract with, and to have the state pay pursuant to division3491
(E)(2) of this section for the services of, private legal counsel3492
to represent the Ohio public defender commission, the state public3493
defender, assistant state public defenders, other employees of the3494
commission or the state public defender, and attorneys described3495
in division (C) of section 120.41 of the Revised Code in a3496
malpractice or other civil action or proceeding that arises from3497
alleged actions or omissions related to responsibilities derived3498
pursuant to this chapter, or in a civil action that is based upon3499
alleged violations of the constitution or statutes of the United3500
States, including section 1983 of Title 42 of the United States3501
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that3502
arises from alleged actions or omissions related to3503
responsibilities derived pursuant to this chapter, if the state3504
public defender determines, in good faith, that the defendant in3505
the civil action or proceeding did not act manifestly outside the3506
scope of the defendant's employment or official responsibilities,3507
with malicious purpose, in bad faith, or in a wanton or reckless3508
manner. If the state public defender elects not to contract3509
pursuant to this division for private legal counsel in a civil3510
action or proceeding, then, in accordance with sections 109.02,3511
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the3512
attorney general shall represent or provide for the representation3513
of the Ohio public defender commission, the state public defender,3514
assistant state public defenders, other employees of the3515
commission or the state public defender, or attorneys described in3516
division (C) of section 120.41 of the Revised Code in the civil3517
action or proceeding.3518

       (2)(a) Subject to division (E)(2)(b) of this section,3519
payment from the state treasury for the services of private legal3520
counsel with whom the state public defender has contracted3521
pursuant to division (E)(1) of this section shall be accomplished3522
only through the following procedure:3523

       (i) The private legal counsel shall file with the attorney3524
general a copy of the contract; a request for an award of legal3525
fees, court costs, and expenses earned or incurred in connection3526
with the defense of the Ohio public defender commission, the state3527
public defender, an assistant state public defender, an employee,3528
or an attorney in a specified civil action or proceeding; a3529
written itemization of those fees, costs, and expenses, including3530
the signature of the state public defender and the state public3531
defender's attestation that the fees, costs, and expenses were3532
earned or incurred pursuant to division (E)(1) of this section to3533
the best of the state public defender's knowledge and information;3534
a written statement whether the fees, costs, and expenses are for3535
all legal services to be rendered in connection with that defense,3536
are only for legal services rendered to the date of the request3537
and additional legal services likely will have to be provided in3538
connection with that defense, or are for the final legal services3539
rendered in connection with that defense; a written statement3540
indicating whether the private legal counsel previously submitted3541
a request for an award under division (E)(2) of this section in3542
connection with that defense and, if so, the date and the amount3543
of each award granted; and, if the fees, costs, and expenses are3544
for all legal services to be rendered in connection with that3545
defense or are for the final legal services rendered in connection3546
with that defense, a certified copy of any judgment entry in the3547
civil action or proceeding or a signed copy of any settlement3548
agreement entered into between the parties to the civil action or3549
proceeding.3550

       (ii) Upon receipt of a request for an award of legal fees,3551
court costs, and expenses and the requisite supportive3552
documentation described in division (E)(2)(a)(i) of this section,3553
the attorney general shall review the request and documentation;3554
determine whether any of the limitations specified in division3555
(E)(2)(b) of this section apply to the request; and, if an award3556
of legal fees, court costs, or expenses is permissible after3557
applying the limitations, prepare a document awarding legal fees,3558
court costs, or expenses to the private legal counsel. The3559
document shall name the private legal counsel as the recipient of3560
the award; specify the total amount of the award as determined by3561
the attorney general; itemize the portions of the award that3562
represent legal fees, court costs, and expenses; specify any3563
limitation applied pursuant to division (E)(2)(b) of this section3564
to reduce the amount of the award sought by the private legal3565
counsel; state that the award is payable from the state treasury3566
pursuant to division (E)(2)(a)(iii) of this section; and be3567
approved by the inclusion of the signatures of the attorney3568
general, the state public defender, and the private legal counsel.3569

       (iii) The attorney general shall forward a copy of the3570
document prepared pursuant to division (E)(2)(a)(ii) of this3571
section to the director of budget and management. The award of3572
legal fees, court costs, or expenses shall be paid out of the3573
state public defender's appropriations, to the extent there is a3574
sufficient available balance in those appropriations. If the3575
state public defender does not have a sufficient available balance3576
in the state public defender's appropriations to pay the entire3577
award of legal fees, court costs, or expenses, the director shall3578
make application for a transfer of appropriations out of the3579
emergency purposes account or any other appropriation for3580
emergencies or contingencies in an amount equal to the portion of3581
the award that exceeds the sufficient available balance in the3582
state public defender's appropriations. A transfer of3583
appropriations out of the emergency purposes account or any other3584
appropriation for emergencies or contingencies shall be authorized3585
if there are sufficient moneys greater than the sum total of then3586
pending emergency purposes account requests, or requests for3587
releases from the other appropriation. If a transfer of3588
appropriations out of the emergency purposes account or other3589
appropriation for emergencies or contingencies is made to pay an3590
amount equal to the portion of the award that exceeds the3591
sufficient available balance in the state public defender's3592
appropriations, the director shall cause the payment to be made to3593
the private legal counsel. If sufficient moneys do not exist in3594
the emergency purposes account or other appropriation for3595
emergencies or contingencies to pay an amount equal to the portion3596
of the award that exceeds the sufficient available balance in the3597
state public defender's appropriations, the private legal counsel3598
shall request the general assembly to make an appropriation3599
sufficient to pay an amount equal to the portion of the award that3600
exceeds the sufficient available balance in the state public3601
defender's appropriations, and no payment in that amount shall be3602
made until the appropriation has been made. The private legal3603
counsel shall make the request during the current biennium and3604
during each succeeding biennium until a sufficient appropriation3605
is made.3606

       (b) An award of legal fees, court costs, and expenses3607
pursuant to division (E) of this section is subject to the3608
following limitations:3609

       (i) The maximum award or maximum aggregate of a series of3610
awards of legal fees, court costs, and expenses to the private3611
legal counsel in connection with the defense of the Ohio public3612
defender commission, the state public defender, an assistant state3613
public defender, an employee, or an attorney in a specified civil3614
action or proceeding shall not exceed fifty thousand dollars.3615

       (ii) The private legal counsel shall not be awarded legal3616
fees, court costs, or expenses to the extent the fees, costs, or3617
expenses are covered by a policy of malpractice or other3618
insurance.3619

       (iii) The private legal counsel shall be awarded legal fees3620
and expenses only to the extent that the fees and expenses are3621
reasonable in light of the legal services rendered by the private3622
legal counsel in connection with the defense of the Ohio public3623
defender commission, the state public defender, an assistant state3624
public defender, an employee, or an attorney in a specified civil3625
action or proceeding.3626

       (c) If, pursuant to division (E)(2)(a) of this section, the3627
attorney general denies a request for an award of legal fees,3628
court costs, or expenses to private legal counsel because of the3629
application of a limitation specified in division (E)(2)(b) of3630
this section, the attorney general shall notify the private legal3631
counsel in writing of the denial and of the limitation applied.3632

       (d) If, pursuant to division (E)(2)(c) of this section, a3633
private legal counsel receives a denial of an award notification3634
or if a private legal counsel refuses to approve a document under3635
division (E)(2)(a)(ii) of this section because of the proposed3636
application of a limitation specified in division (E)(2)(b) of3637
this section, the private legal counsel may commence a civil3638
action against the attorney general in the court of claims to3639
prove the private legal counsel's entitlement to the award sought,3640
to prove that division (E)(2)(b) of this section does not prohibit3641
or otherwise limit the award sought, and to recover a judgment for3642
the amount of the award sought. A civil action under division3643
(E)(2)(d) of this section shall be commenced no later than two3644
years after receipt of a denial of award notification or, if the3645
private legal counsel refused to approve a document under division3646
(E)(2)(a)(ii) of this section because of the proposed application3647
of a limitation specified in division (E)(2)(b) of this section,3648
no later than two years after the refusal. Any judgment of the3649
court of claims in favor of the private legal counsel shall be3650
paid from the state treasury in accordance with division (E)(2)(a)3651
of this section.3652

       (F) If a court appoints the office of the state public3653
defender to represent a petitioner in a postconviction relief3654
proceeding under section 2953.21 of the Revised Code, the3655
petitioner has received a sentence of death, and the proceeding3656
relates to that sentence, all of the attorneys who represent the3657
petitioner in the proceeding pursuant to the appointment, whether3658
an assistant state public defender, the state public defender, or3659
another attorney, shall be certified under Rule 6520 of the Rules3660
of Superintendence for Common Pleasthe Courts of Ohio to3661
represent indigent defendants charged with or convicted of an3662
offense for which the death penalty can be or has been imposed.3663

       Sec. 120.16.  (A)(1) The county public defender shall3664
provide legal representation to indigent adults and juveniles who3665
are charged with the commission of an offense or act that is a3666
violation of a state statute and for which the penalty or any3667
possible adjudication includes the potential loss of liberty and3668
in postconviction proceedings as defined in this section.3669

       (2) The county public defender may provide legal3670
representation to indigent adults and juveniles charged with the3671
violation of an ordinance of a municipal corporation for which the3672
penalty or any possible adjudication includes the potential loss3673
of liberty, if the county public defender commission has3674
contracted with the municipal corporation to provide legal3675
representation for indigent persons charged with a violation of an3676
ordinance of the municipal corporation.3677

       (B) The county public defender shall provide the legal3678
representation authorized by division (A) of this section at every3679
stage of the proceedings following arrest, detention, service of3680
summons, or indictment.3681

       (C) The county public defender may request the state public3682
defender to prosecute any appeal or other remedy before or after3683
conviction that the county public defender decides is in the3684
interests of justice, and may provide legal representation in3685
parole and probation revocation matters.3686

       (D) The county public defender shall not be required to3687
prosecute any appeal, postconviction remedy, or other proceeding,3688
unless the county public defender is first satisfied there is3689
arguable merit to the proceeding.3690

       (E) Nothing in this section shall prevent a court from3691
appointing counsel other than the county public defender or from3692
allowing an indigent person to select the indigent person's own3693
personal counsel to represent the indigent person. A court may3694
also appoint counsel or allow an indigent person to select the3695
indigent person's own personal counsel to assist the county public3696
defender as co-counsel when the interests of justice so require.3697

       (F) Information as to the right to legal representation by3698
the county public defender or assigned counsel shall be afforded3699
to an accused person immediately upon arrest, when brought before3700
a magistrate, or when formally charged, whichever occurs first.3701

       (G) If a court appoints the office of the county public3702
defender to represent a petitioner in a postconviction relief3703
proceeding under section 2953.21 of the Revised Code, the3704
petitioner has received a sentence of death, and the proceeding3705
relates to that sentence, all of the attorneys who represent the3706
petitioner in the proceeding pursuant to the appointment, whether3707
an assistant county public defender or the county public defender,3708
shall be certified under Rule 6520 of the Rules of3709
Superintendence for Common Pleasthe Courts of Ohio to represent3710
indigent defendants charged with or convicted of an offense for3711
which the death penalty can be or has been imposed.3712

       Sec. 120.26.  (A)(1) The joint county public defender shall3713
provide legal representation to indigent adults and juveniles who3714
are charged with the commission of an offense or act that is a3715
violation of a state statute and for which the penalty or any3716
possible adjudication includes the potential loss of liberty and3717
in postconviction proceedings as defined in this section.3718

       (2) The joint county public defender may provide legal3719
representation to indigent adults and juveniles charged with the3720
violation of an ordinance of a municipal corporation for which the3721
penalty or any possible adjudication includes the potential loss3722
of liberty, if the joint county public defender commission has3723
contracted with the municipal corporation to provide legal3724
representation for indigent persons charged with a violation of an3725
ordinance of the municipal corporation.3726

       (B) The joint county public defender shall provide the legal3727
representation authorized by division (A) of this section at every3728
stage of the proceedings following arrest, detention, service of3729
summons, or indictment.3730

       (C) The joint county public defender may request the Ohio3731
public defender to prosecute any appeal or other remedy before or3732
after conviction that the joint county public defender decides is3733
in the interests of justice and may provide legal representation3734
in parole and probation revocation matters.3735

       (D) The joint county public defender shall not be required3736
to prosecute any appeal, postconviction remedy, or other3737
proceeding, unless the joint county public defender is first3738
satisfied that there is arguable merit to the proceeding.3739

       (E) Nothing in this section shall prevent a court from3740
appointing counsel other than the joint county public defender or3741
from allowing an indigent person to select the indigent person's3742
own personal counsel to represent the indigent person. A court3743
may also appoint counsel or allow an indigent person to select the3744
indigent person's own personal counsel to assist the joint county3745
public defender as co-counsel when the interests of justice so3746
require.3747

       (F) Information as to the right to legal representation by3748
the joint county public defender or assigned counsel shall be3749
afforded to an accused person immediately upon arrest, when3750
brought before a magistrate, or when formally charged, whichever3751
occurs first.3752

       (G) If a court appoints the office of the joint county3753
public defender to represent a petitioner in a postconviction3754
relief proceeding under section 2953.21 of the Revised Code, the3755
petitioner has received a sentence of death, and the proceeding3756
relates to that sentence, all of the attorneys who represent the3757
petitioner in the proceeding pursuant to the appointment, whether3758
an assistant joint county defender or the joint county public3759
defender, shall be certified under Rule 6520 of the Rules of3760
Superintendence for Common Pleasthe Courts of Ohio to represent3761
indigent defendants charged with or convicted of an offense for3762
which the death penalty can be or has been imposed.3763

       Sec. 120.33.  (A) In lieu of using a county public defender3764
or joint county public defender to represent indigent persons in3765
the proceedings set forth in division (A) of section 120.16 of the3766
Revised Code, the board of county commissioners of any county may3767
adopt a resolution to pay counsel who are either personally3768
selected by the indigent person or appointed by the court. The3769
resolution shall include those provisions the board of county3770
commissioners considers necessary to provide effective3771
representation of indigent persons in any proceeding for which3772
counsel is provided under this section. The resolution shall3773
include provisions for contracts with any municipal corporation3774
under which the municipal corporation shall reimburse the county3775
for counsel appointed to represent indigent persons charged with3776
violations of the ordinances of the municipal corporation.3777

       (1) In a county that adopts a resolution to pay counsel, an3778
indigent person shall have the right to do either of the3779
following:3780

       (a) To select the person's own personal counsel to represent3781
the person in any proceeding included within the provisions of the3782
resolution;3783

       (b) To request the court to appoint counsel to represent the3784
person in such a proceeding.3785

       (2) The court having jurisdiction over the proceeding in a3786
county that adopts a resolution to pay counsel shall, after3787
determining that the person is indigent and entitled to legal3788
representation under this section, do either of the following:3789

       (a) By signed journal entry recorded on its docket, enter3790
the name of the lawyer selected by the indigent person as counsel3791
of record;3792

       (b) Appoint counsel for the indigent person if the person3793
has requested the court to appoint counsel and, by signed journal3794
entry recorded on its dockets, enter the name of the lawyer3795
appointed for the indigent person as counsel of record.3796

       (3) The board of county commissioners shall establish a3797
schedule of fees by case or on an hourly basis to be paid to3798
counsel for legal services provided pursuant to a resolution3799
adopted under this section. Prior to establishing the schedule,3800
the board of county commissioners shall request the bar3801
association or associations of the county to submit a proposed3802
schedule. The schedule submitted shall be subject to the review,3803
amendment, and approval of the board of county commissioners.3804

       (4) Counsel selected by the indigent person or appointed by3805
the court at the request of an indigent person in a county that3806
adopts a resolution to pay counsel, except for counsel appointed3807
to represent a person charged with any violation of an ordinance3808
of a municipal corporation that has not contracted with the county3809
commissioners for the payment of appointed counsel, shall be paid3810
by the county and shall receive the compensation and expenses the3811
court approves. Each request for payment shall be accompanied by3812
a financial disclosure form and an affidavit of indigency that are3813
completed by the indigent person on forms prescribed by the state3814
public defender. Compensation and expenses shall not exceed the3815
amounts fixed by the board of county commissioners in the schedule3816
adopted pursuant to division (A)(3) of this section. No court3817
shall approve compensation and expenses that exceed the amount3818
fixed pursuant to division (A)(3) of this section.3819

       The fees and expenses approved by the court shall not be3820
taxed as part of the costs and shall be paid by the county.3821
However, if the person represented has, or may reasonably be3822
expected to have, the means to meet some part of the cost of the3823
services rendered to the person, the person shall pay the county3824
an amount that the person reasonably can be expected to pay. 3825
Pursuant to section 120.04 of the Revised Code, the county shall3826
pay to the state public defender a percentage of the payment3827
received from the person in an amount proportionate to the3828
percentage of the costs of the person's case that were paid to the3829
county by the state public defender pursuant to this section. The3830
money paid to the state public defender shall be credited to the3831
client payment fund created pursuant to division (B)(5) of section3832
120.04 of the Revised Code.3833

       The county auditor shall draw a warrant on the county3834
treasurer for the payment of counsel in the amount fixed by the3835
court, plus the expenses the court fixes and certifies to the3836
auditor. The county auditor shall report periodically, but not3837
less than annually, to the board of county commissioners and to3838
the Ohio public defender commission the amounts paid out pursuant3839
to the approval of the court. The board of county commissioners,3840
after review and approval of the auditor's report, may then3841
certify it to the state public defender for reimbursement. If a3842
request for reimbursement is not accompanied by a financial3843
disclosure form and an affidavit of indigency completed by the3844
indigent person on forms prescribed by the state public defender,3845
the state public defender shall not pay the requested3846
reimbursement. If a request for the reimbursement of the cost of3847
counsel in any case is not received by the state public defender3848
within ninety days after the end of the calendar month in which3849
the case is finally disposed of by the court, unless the county3850
has requested and the state public defender has granted an3851
extension of the ninety-day limit, the state public defender shall3852
not pay the requested reimbursement. The state public defender3853
shall also review the report and, in accordance with the3854
standards, guidelines, and maximums established pursuant to3855
divisions (B)(7) and (8) of section 120.04 of the Revised Code,3856
prepare a voucher for fifty per cent of the total cost of each3857
county appointed counsel system in the period of time covered by3858
the certified report and a voucher for fifty per cent of the costs3859
and expenses that are reimbursable under section 120.35 of the3860
Revised Code, if any, or, if the amount of money appropriated by3861
the general assembly to reimburse counties for the operation of3862
county public defender offices, joint county public defender3863
offices, and county appointed counsel systems is not sufficient to3864
pay fifty per cent of the total cost of all of the offices and3865
systems other than costs and expenses that are reimbursable under3866
section 120.35 of the Revised Code, for the lesser amount required3867
by section 120.34 of the Revised Code.3868

       (5) If any county appointed counsel system fails to maintain3869
the standards for the conduct of the system established by the3870
rules of the Ohio public defender commission pursuant to divisions3871
(B) and (C) of section 120.03 or the standards established by the3872
state public defender pursuant to division (B)(7) of section3873
120.04 of the Revised Code, the Ohio public defender commission3874
shall notify the board of county commissioners of the county that3875
the county appointed counsel system has failed to comply with its3876
rules or the standards of the state public defender. Unless the3877
board of county commissioners corrects the conduct of its3878
appointed counsel system to comply with the rules and standards3879
within ninety days after the date of the notice, the state public3880
defender may deny all or part of the county's reimbursement from3881
the state provided for in division (A)(4) of this section.3882

       (B) In lieu of using a county public defender or joint3883
county public defender to represent indigent persons in the3884
proceedings set forth in division (A) of section 120.16 of the3885
Revised Code, and in lieu of adopting the resolution and following3886
the procedure described in division (A) of this section, the board3887
of county commissioners of any county may contract with the state3888
public defender for the state public defender's legal3889
representation of indigent persons. A contract entered into3890
pursuant to this division may provide for payment for the services3891
provided on a per case, hourly, or fixed contract basis.3892

       (C) If a court appoints an attorney pursuant to this section3893
to represent a petitioner in a postconviction relief proceeding3894
under section 2953.21 of the Revised Code, the petitioner has3895
received a sentence of death, and the proceeding relates to that3896
sentence, the attorney who represents the petitioner in the3897
proceeding pursuant to the appointment shall be certified under3898
Rule 6520 of the Rules of Superintendence for Common Pleasthe3899
Courts of Ohio to represent indigent defendants charged with or3900
convicted of an offense for which the death penalty can be or has3901
been imposed.3902

       Sec. 121.40.  (A) There is hereby created the governor's3903
Ohio community service council consisting of twenty-one members3904
including the superintendent of public instruction or the3905
superintendent's designee, the chancellor of the Ohio board of3906
regents or the chancellor's designee, the director of natural3907
resources or the director's designee, the director of youth3908
services or the director's designee, the director of aging or the3909
director's designee, the director of job and family services or3910
the director's designee, the chairperson of the committee of the3911
house of representatives dealing with education or the3912
chairperson's designee, the chairperson of the committee of the3913
senate dealing with education or the chairperson's designee, and3914
thirteen members who shall be appointed by the governor with the3915
advice and consent of the senate and who shall serve terms of3916
office of three years. The appointees shall include educators,3917
including teachers and administrators; representatives of youth3918
organizations; students and parents; representatives of3919
organizations engaged in volunteer program development and3920
management throughout the state, including youth and conservation3921
programs; and representatives of business, government, nonprofit3922
organizations, social service agencies, veterans organizations,3923
religious organizations, or philanthropies that support or3924
encourage volunteerism within the state. Members of the council3925
shall receive no compensation, but shall be reimbursed for actual3926
and necessary expenses incurred in the performance of their3927
official duties.3928

       (B) The council shall appoint an executive director for the3929
council, who shall be in the unclassified civil service. The3930
executive director shall supervise the council's activities and3931
report to the council on the progress of those activities. The3932
executive director shall do all things necessary for the efficient3933
and effective implementation of the duties of the council.3934

       The responsibilities assigned to the executive director do3935
not relieve the members of the council from final responsibility3936
for the proper performance of the requirements of this division3937
section.3938

       (C) The council or its designee shall do all of the3939
following:3940

       (1) Employ, promote, supervise, and remove all employees as3941
needed in connection with the performance of its duties under this3942
section and may assign duties to those employees as necessary to3943
achieve the most efficient performance of its functions, and to3944
that end may establish, change, or abolish positions, and assign3945
and reassign duties and responsibilities of any employee of the3946
council. Personnel employed by the council who are subject to3947
Chapter 4117. of the Revised Code shall retain all of their rights3948
and benefits conferred pursuant to that chapter. Nothing in this3949
chapter shall be construed as eliminating or interfering with3950
Chapter 4117. of the Revised Code or the rights and benefits3951
conferred under that chapter to public employees or to any3952
bargaining unit.3953

       (2) Maintain its office in Columbus, and may hold sessions3954
at any place within the state;3955

       (3) Acquire facilities, equipment, and supplies necessary to3956
house the council, its employees, and files and records under its3957
control, and to discharge any duty imposed upon it by law. The3958
expense of these acquisitions shall be audited and paid for in the3959
same manner as other state expenses. For that purpose, the3960
council shall prepare and submit to the office of budget and3961
management a budget for each biennium according to sections3962
101.532 and 107.03 of the Revised Code. The budget submitted3963
shall cover the costs of the council and its staff in the3964
discharge of any duty imposed upon the council by law. The3965
council shall not delegate any authority to obligate funds.3966

       (4) Pay its own payroll and other operating expenses from3967
line items designated by the general assembly;3968

       (5) Retain its fiduciary responsibility as appointing3969
authority. Any transaction instructions shall be certified by the3970
appointing authority or its designee.3971

       (6) Establish the overall policy and management of the3972
council in accordance with this chapter;3973

       (7) Assist in coordinating and preparing the state3974
application for funds under sections 101 to 184 of the "National3975
and Community Service Act of 1990," 104 Stat. 3127 (1990), 423976
U.S.C.A. 12411 to 12544, and amendments theretoas amended, assist3977
in administering and overseeing the "National and Community3978
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the3979
americorps program in this state, and assist in developing3980
objectives for a comprehensive strategy to encourage and expand3981
community service programs throughout the state;3982

       (8) Assist the state board of education, school districts,3983
the board of regents, and institutions of higher education in3984
coordinating community service education programs through3985
cooperative efforts between institutions and organizations in the3986
public and private sectors;3987

       (9) Assist the departments of natural resources, youth3988
services, aging, and job and family services in coordinating3989
community service programs through cooperative efforts between3990
institutions and organizations in the public and private sectors;3991

       (10) Suggest individuals and organizations that are3992
available to assist school districts, institutions of higher3993
education, and the departments of natural resources, youth3994
services, aging, and job and family services in the establishment3995
of community service programs and assist in investigating sources3996
of funding for implementing suchthese programs;3997

       (11) Assist in evaluating the state's efforts in providing3998
community service programs using standards and methods that are3999
consistent with any statewide objectives for suchthese programs4000
and provide information to the state board of education, school4001
districts, the board of regents, institutions of higher education,4002
and the departments of natural resources, youth services, aging,4003
and job and family services to guide them in making decisions4004
about these programs;4005

       (12) Assist the state board of education in complying with4006
section 3301.70 of the Revised Code and the board of regents in4007
complying with division (B)(2) of section 3333.043 of the Revised4008
Code.4009

       (D) The department of aging shall serve as the council's4010
fiscal agent. Beginning on July 1, 1997, whenever reference is4011
made in any law, contract, or document to the functions of the4012
department of youth services as fiscal agent to the council, the4013
reference shall be deemed to refer to the department of aging. The4014
department of aging shall have no responsibility for or obligation4015
to the council prior to July 1, 1997. Any validation, cure,4016
right, privilege, remedy, obligation, or liability shall be4017
retained by the council.4018

       As used in this section, "fiscal agent" means technical4019
support and includes the following technical support services:4020

       (1) Preparing and processing payroll and other personnel4021
documents that the council executes as the appointing authority.4022
The department of aging shall not approve any payroll or other4023
personnel-related documents.4024

       (2) Maintaining ledgers of accounts and reports of account4025
balances, and monitoring budgets and allotment plans in4026
consultation with the council. The department shall not approve4027
any biennial budget, grant, expenditure, audit, or fiscal-related4028
document.4029

       (3) Performing other routine support services that the4030
director of aging or the director's designee and the council or4031
its designee consider appropriate to achieve efficiency.4032

       (E) The council or its designee has the following authority4033
and responsibility relative to fiscal matters:4034

       (1) Sole authority to draw funds for any and all federal4035
programs in which the council is authorized to participate;4036

       (2) Sole authority to expend funds from their accounts for4037
programs and any other necessary expenses the council may incur4038
and its subgrantees may incur;4039

       (3) Responsibility to cooperate with and inform the4040
department of aging as fiscal agent to ensure that the department4041
is fully apprised of all financial transactions.4042

       The council shall follow all state procurement requirements.4043

       The department of aging shall determine fees to be charged to4044
the council, which shall be in proportion to the services4045
performed for the council.4046

       The council shall pay fees owed to the department of aging4047
from a general revenue fund of the council or from any other fund4048
from which the operating expenses of the council are paid. Any4049
amounts set aside for a fiscal year for the payment of suchthese4050
fees shall be used only for the services performed for the council4051
by the department of aging in that fiscal year.4052

       Sec. 121.63.  (A) Each executive agency lobbyist and each4053
employer shall file with the joint legislative ethics committee,4054
with the updated registration statement required by division (B)4055
of section 121.62 of the Revised Code, a statement of expenditures4056
as specified in divisions (B) and (C) of this section. An4057
executive agency lobbyist shall file a separate statement of4058
expenditures under this section for each employer that engages him4059
the executive agency lobbyist.4060

       (B)(1) In addition to the information required by divisions4061
(B)(2) and (3) of this section, a statement filed by an executive4062
agency lobbyist shall show the total amount of expenditures made4063
during the reporting period covered by the statement by the4064
executive agency lobbyist.4065

       (2) If, during a reporting period covered by a statement, an4066
employer or any executive agency lobbyist hethe employer engaged4067
made, either separately or in combination with each other,4068
expenditures to, at the request of, for the benefit of, or on4069
behalf of a particular elected executive official, the director of4070
a department created under section 121.02 of the Revised Code, a4071
particular executive agency official, or a particular member of4072
the staff of any public officer listed in division (B)(2) of this4073
section, the employer or executive agency lobbyist also shall4074
state the name of the public officer or employee to whom, at whose4075
request, for whose benefit, or on whose behalf the expenditures4076
were made, the total amount of the expenditures made, a brief4077
description of the expenditures made, the approximate date the4078
expenditures were made, the executive agency decision, if any,4079
sought to be influenced, and the identity of the client on whose4080
behalf the expenditure was made.4081

       As used in division (B)(2) of this section, "expenditures"4082
does not include expenditures made by an executive agency lobbyist4083
as payment for meals and other food and beverages.4084

       (3) If, during a reporting period covered by a statement, an4085
executive agency lobbyist made expenditures as payment for meals4086
and other food and beverages, other than for meals and other food4087
and beverages provided at a meeting at which the person4088
participated in a panel, seminar, or speaking engagement or at a4089
meeting or convention of a national organization to which either4090
house of the general assembly, any legislative agency, or any4091
other state agency, including, but not limited to, any legislative 4092
agencyor state institution of higher education as defined in 4093
section 3345.011 of the Revised Code, pays membership dues, that, 4094
when added to the amount of previous payments made for meals and4095
other food and beverages by that executive agency lobbyist during 4096
that same calendar year, exceeded a total of fifty dollars to, at4097
the request of, for the benefit of, or on behalf of a particular4098
elected executive official, the director of a department created4099
under section 121.02 of the Revised Code, a particular executive4100
agency official, or any particular member of the staff of any of4101
the public officers or employees listed in division (B)(3) of this 4102
section, then the executive agency lobbyist shall also state 4103
regarding those expenditures the name of the public officer or 4104
employee to whom, at whose request, for whose benefit, or on whose 4105
behalf the expenditures were made, the total amount of the 4106
expenditures made, a brief description of the expenditures made, 4107
the approximate date the expenditures were made, the executive 4108
agency decision, if any, sought to be influenced, and the identity 4109
of the client on whose behalf the expenditure was made.4110

       (C) In addition to the information required by divisions4111
(B)(2) and (3) of this section, a statement filed by an employer4112
shall show the total amount of expenditures made by the employer4113
filing the statement during the period covered by the statement.4114
As used in this section, "expenditures" does not include the4115
expenses of maintaining office facilities, or the compensation4116
paid to executive agency lobbyists engaged to influence executive4117
agency decisions or conduct executive agency lobbying activity.4118

       No employer shall be required to show any expenditure on a4119
statement filed under this division if the expenditure is reported4120
on a statement filed under division (B)(1), (2), or (3) of this4121
section by an executive agency lobbyist engaged by the employer.4122

       (D) Any statement required to be filed under this section4123
shall be filed at the times specified in section 121.62 of the4124
Revised Code. Each statement shall cover expenditures made during4125
the four-calendar-month period that ended on the last day of the4126
month immediately preceding the month in which the statement is4127
required to be filed.4128

       (E) If it is impractical or impossible for an executive4129
agency lobbyist or employer to determine exact dollar amounts or4130
values of expenditures, reporting of good faith estimates, based4131
on reasonable accounting procedures, constitutes compliance with4132
this division.4133

       (F) Executive agency lobbyists and employers shall retain4134
receipts or maintain records for all expenditures that are4135
required to be reported pursuant to this section. These receipts4136
or records shall be maintained for a period ending on the4137
thirty-first day of December of the second calendar year after the4138
year in which the expenditure was made.4139

       (G)(1) At least ten days before the date on which the4140
statement is filed, each employer or executive agency lobbyist who4141
is required to file an expenditure statement under division (B)(2)4142
or (3) of this section shall deliver a copy of the statement, or4143
the portion showing the expenditure, to the public officer or4144
employee who is listed in the statement as having received the4145
expenditure or on whose behalf it was made.4146

       (2) If, during a reporting period covered by an expenditure4147
statement filed under division (B)(2) of this section, an employer4148
or any executive agency lobbyist hethe employer engaged made,4149
either separately or in combination with each other, either4150
directly or indirectly, expenditures for an honorarium or for4151
transportation, lodging, or food and beverages purchased for4152
consumption on the premises in which the food and beverages were4153
sold to, at the request of, for the benefit or, or on behalf of4154
any of the public officers or employees described in division4155
(B)(2) of this section, the employer or executive agency lobbyist4156
shall deliver to the public officer or employee a statement that4157
contains all of the nondisputed information prescribed in division4158
(B)(2) of this section with respect to the expenditures described4159
in division (G)(2) of this section. The statement of expenditures4160
made under division (G)(2) of this section shall be delivered to4161
the public officer or employee to whom, at whose request, for4162
whose benefit, or on whose behalf those expenditures were made on4163
the same day in which a copy of the expenditure statement or of a4164
portion showing the expenditure is delivered to the public officer4165
or employee under division (G)(1) of this section. An employer is4166
not required to show any expenditure on a statement delivered4167
under division (G)(2) of this section if the expenditure is shown4168
on a statement delivered under division (G)(2) of this section by4169
a legislative agent engaged by the employer.4170

       Sec. 122.011.  (A) The department of development shall4171
develop and promote plans and programs designed to assure that4172
state resources are efficiently used, economic growth is properly4173
balanced, community growth is developed in an orderly manner, and4174
local governments are coordinated with each other and the state,4175
and for such purposes may do all of the following:4176

       (1) Serve as a clearinghouse for information, data, and4177
other materials that may be helpful or necessary to persons or4178
local governments, as provided in section 122.07 of the Revised4179
Code;4180

       (2) Prepare and activate plans for the retention,4181
development, expansion, and use of the resources and commerce of4182
the state, as provided in section 122.04 of the Revised Code;4183

       (3) Assist and cooperate with federal, state, and local4184
governments and agencies of federal, state, and local governments4185
in the coordination of programs to carry out the functions and4186
duties of the department;4187

       (4) Encourage and foster research and development4188
activities, conduct studies related to the solution of community4189
problems, and develop recommendations for administrative or4190
legislative actions, as provided in section 122.03 of the Revised4191
Code;4192

       (5) Serve as the economic and community development planning4193
agency, which shall prepare and recommend plans and programs for4194
the orderly growth and development of this state and which shall4195
provide planning assistance, as provided in section 122.06 of the4196
Revised Code;4197

       (6) Cooperate with and provide technical assistance to state4198
departments, political subdivisions, regional and local planning4199
commissions, tourist associations, councils of government,4200
community development groups, community action agencies, and other4201
appropriate organizations for carrying out the functions and4202
duties of the department or for the solution of community4203
problems;4204

       (7) Coordinate the activities of state agencies that have an4205
impact on carrying out the functions and duties of the department;4206

       (8) Encourage and assist the efforts of and cooperate with4207
local governments to develop mutual and cooperative solutions to4208
their common problems that relate to carrying out the purposes of4209
this section;4210

       (9) Study existing structure, operations, and financing of4211
regional or local government and those state activities that4212
involve significant relations with regional or local governmental4213
units, recommend to the governor and to the general assembly such4214
changes in these provisions and activities as will improve the4215
operations of regional or local government, and conduct other4216
studies of legal provisions that affect problems related to4217
carrying out the purposes of this section;4218

       (10) Appoint, with the approval of the governor, technical4219
and other advisory councils as it considers appropriate, as4220
provided in section 122.09 of the Revised Code;4221

       (11) Create and operate a division of community development4222
to develop and administer programs and activities that are4223
authorized by federal statute or the Revised Code;4224

       (12) Until July 1, 2001, review, analyze, and summarize4225
applications and information regarding the family farm loan4226
program forwarded to the department by a financial institution4227
pursuant to section 901.81 of the Revised Code, and forward the4228
applications, information, analyses, and summaries to the director4229
of agriculture;4230

       (13) Until July 1, 20012003, establish fees and charges, in4231
consultation with the director of agriculture, for purchasing4232
loans from financial institutions and providing loan guarantees4233
under the family farm loan program created under sections 901.804234
to 901.83 of the Revised Code;4235

       (14)(13) Provide loan servicing for the loans purchased and4236
loan guarantees provided under section 901.80 of the Revised Code4237
as that section existed prior to July 1, 20012003;4238

       (15)(14) Until July 1, 20012003, and upon approval by the4239
controlling board under division (A)(3) of section 901.82 of the4240
Revised Code of the release of money to be used for purchasing a4241
loan or providing a loan guarantee, request the release of that4242
money in accordance with division (B) of section 166.03 of the4243
Revised Code for use for the purposes of the fund created by4244
section 166.031 of the Revised Code.4245

       (B) The department, by rule, shall establish criteria4246
defining nonprofit corporations that are eligible for appointment4247
as qualified agents pursuant to sections 135.81 to 135.88 of the4248
Revised Code. The criteria shall require that a corporation be4249
organized pursuant to Chapter 1702. of the Revised Code and have4250
as its primary purpose the promotion of economic development or4251
the creation or retention of jobs and job opportunities. The4252
criteria may include a specification as to the professional4253
qualifications of the corporation employees, a minimum elapsed4254
period of time since the corporation was organized, current and4255
former activities of the corporation, and such other criteria4256
reasonably related to the foregoing that relate to the ability of4257
the corporation to act as a qualified agent for the purposes of4258
sections 135.51135.81 to 135.88 of the Revised Code.4259

       (C) The director of development may request the attorney4260
general to, and the attorney general, in accordance with section4261
109.02 of the Revised Code, shall bring a civil action in any4262
court of competent jurisdiction. The director may be sued in the4263
director's official capacity, in connection with this chapter, in4264
accordance with Chapter 2743. of the Revised Code.4265

       Sec. 122.71.  As used in sections 122.71 to 122.83 of the4266
Revised Code:4267

       (A) "Financial institution" means any banking corporation,4268
trust company, insurance company, savings and loan association,4269
building and loan association, or corporation, partnership,4270
federal lending agency, foundation, or other institution engaged4271
in lending or investing funds for industrial or business purposes.4272

       (B) "Project" means any real or personal property connected4273
with or being a part of an industrial, distribution, commercial,4274
or research facility to be acquired, constructed, reconstructed,4275
enlarged, improved, furnished, or equipped, or any combination4276
thereof, with the aid provided under sections 122.71 to 122.83 of4277
the Revised Code, for industrial, commercial, distribution, and4278
research development of the state.4279

       (C) "Mortgage" means the lien imposed on a project by a4280
mortgage on real property, or by financing statements on personal4281
property, or a combination of a mortgage and financing statements4282
when a project consists of both real and personal property.4283

       (D) "Mortgagor" means the principal user of a project or the4284
person, corporation, partnership, or association unconditionally4285
guaranteeing performance by the principal user of its obligations4286
under the mortgage.4287

       (E)(1) "Minority business enterprise" means an individual who4288
is a United States citizen and owns and controls a business, or a4289
partnership, corporation, or joint venture of any kind that is4290
owned and controlled by United States citizens who, which citizen4291
or citizens are residents of this state or nonresidents of this4292
state who have a significant presence in this state, and who are4293
members of one of the following economically disadvantaged groups:4294
Blacks, American Indians, Hispanics, and Orientals.4295

       (2) "Owned and controlled" means that at least fifty-one per4296
cent of the business, including corporate stock if a corporation,4297
is owned by persons who belong to one or more of the groups set4298
forth in division (E)(1) of this section, and that those owners4299
have control over the management and day-to-day operations of the4300
business and an interest in the capital, assets, and profits and4301
losses of the business proportionate to their percentage of4302
ownership. In order to qualify as a minority business enterprise,4303
a business shall have been owned and controlled by those persons4304
at least one year prior to being awarded a contract pursuant to4305
this section.4306

       (F) "Community improvement corporation" means a corporation4307
organized under Chapter 1724. of the Revised Code.4308

       (G) "Ohio development corporation" means a corporation4309
organized under Chapter 1726. of the Revised Code.4310

       (H) "Minority contractors business assistance organization"4311
means an entity engaged in the provision of management and4312
technical business assistance to minority business enterprise4313
entrepreneurs.4314

       (I) "Minority business supplier development council" means a4315
nonprofit organization established as an affiliate of the national4316
minority supplier development council.4317

       Sec. 122.76.  (A) The director of development, with4318
controlling board approval, may lend funds to minority business4319
enterprises and to community improvement corporations and, Ohio4320
development corporations, minority contractors business assistance4321
organizations, and minority business supplier development4322
councils for the purpose of loaning funds to minority business4323
enterprises and for the purpose of procuring or improving real or4324
personal property, or both, for the establishment, location, or4325
expansion of industrial, distribution, commercial, or research4326
facilities in the state, if the director determines, in the4327
director's sole discretion, that all of the following apply:4328

       (1) The project is economically sound and will benefit the4329
people of the state by increasing opportunities for employment, by4330
strengthening the economy of the state, or expanding minority4331
business enterprises;.4332

       (2) The proposed minority business enterprise borrower is4333
unable to finance the proposed project through ordinary financial4334
channels at comparable terms;.4335

       (3) The value of the project is, or, upon completion4336
thereof, will be, at least equal to the total amount of the money4337
expended in the procurement or improvement of the project, and of4338
which amount one or more financial institutions or other4339
governmental entities have loaned not less than thirty per cent;4340
of that amount.4341

       (4) The amount to be loaned by the director will not exceed4342
sixty per cent of the total amount expended in the procurement or4343
improvement of the project;.4344

       (5) The amount to be loaned by the director will be4345
adequately secured by a first or second mortgage upon the project,4346
or by mortgages, leases, liens, assignments, or pledges on or of4347
other property or contracts as the director requires, and that4348
such mortgage will not be subordinate to any other liens or4349
mortgages except the liens securing loans or investments made by4350
financial institutions referred to in division (A)(3) of this4351
section, and the liens securing loans previously made by any4352
financial institution in connection with the procurement or4353
expansion of all or part of a project.4354

       (B) Any proposed minority business enterprise borrower4355
submitting an application for assistance under this section shall4356
not have defaulted on a previous loan from the director, and no4357
full or limited partner, or major shareholder, or holder of an4358
equity interest of the proposed minority business enterprise4359
borrower shall have defaulted on a loan from the director;.4360

       (C) The proposed minority business enterprise borrower shall4361
demonstrate to the satisfaction of the director that it is able to4362
successfully compete in the private sector if it obtains the4363
necessary financial, technical, or managerial support and that4364
support is available through the director, the minority business4365
development office of the department of development, or other4366
identified and acceptable sources. In determining whether a4367
minority business enterprise borrower will be able to successfully4368
compete, the director may give consideration to such factors as4369
the successful completion of or participation in courses of study,4370
recognized by the board of regents as providing financial,4371
technical, or managerial skills related to the operation of the4372
business, by the economically disadvantaged individual, owner, or4373
partner, and the prior success of the individual, owner, or4374
partner in personal, career, or business activities, as well as to4375
other factors identified by the director.4376

       (D) The director shall not lend funds for the purpose of4377
procuring or improving motor vehicles, power-driven vehicles,4378
office equipment, raw materials, small tools, supplies,4379
inventories, or accounts receivable.4380

       Sec. 122.92.  There is hereby created in the department of4381
development a minority business development division. The4382
division shall do all of the following:4383

       (A) Provide technical, managerial, and counseling services4384
and assistance to minority business enterprises;4385

       (B) Provide procurement and bid packaging assistance to4386
minority business enterprises;4387

       (C) Provide bonding technical assistance to minority4388
business enterprises;4389

       (D) Participate with other state departments and agencies as4390
appropriate in developing specific plans and specific program4391
goals for programs to assist in the establishment and development4392
of minority business enterprises and establish regular performance4393
monitoring and reporting systems to ensure that those goals are4394
being achieved;4395

       (E) Implement state law and policy supporting minority4396
business enterprise development, and assist in the coordination of4397
plans, programs, and operations of state government which affect4398
or may contribute to the establishment, preservation, and4399
strengthening of minority business enterprises;4400

       (F) Assist in the coordination of activities and resources4401
of state agencies and local governments, business and trade4402
associations, universities, foundations, professional4403
organizations, and volunteer and other groups, to promote the4404
growth of minority business enterprises;4405

       (G) Establish a center for the development, collection, and4406
dissemination of information that will be helpful to persons in4407
establishing or expanding minority business enterprises in this4408
state;4409

       (H) Design, implement, and assist in experimental and4410
demonstration projects designed to overcome the special problems4411
of minority business enterprises;4412

       (I) Coordinate reviews of all proposed state training and4413
technical assistance activities in direct support of minority4414
business enterprise programs to ensure consistency with program4415
goals and to preclude duplication of efforts by other state4416
agencies;4417

       (J) Recommend appropriate legislative or executive actions4418
to enhance minority business enterprise opportunities in the4419
state;4420

       (K) Assist minority business enterprises in obtaining4421
governmental or commercial financing for business expansion,4422
establishment of new businesses, or industrial development4423
projects;4424

       (L) Assist minority business enterprises in contract4425
procurement from government and commercial sources;4426

       (M) Establish procedures to identify groups who have been4427
disadvantaged because of racial, cultural, or ethnic circumstances4428
without regard to the individual qualities of the members of the4429
group;4430

       (N) Establish procedures to identify persons who have been4431
economically disadvantaged;4432

       (O) Provide grant assistance to nonprofit entities that4433
promote economic development, development corporations, community4434
improvement corporations, and incubator business entities, if the4435
entities or corporations focus on business, technical, and4436
financial assistance to minority business enterprises to assist4437
the enterprises with fixed asset financing;4438

       (P) Do all acts and things necessary or proper to carry out4439
the powers expressly granted and duties imposed by sections 122.924440
to 122.94 of the Revised Code.4441

       Sec. 124.24.  Notwithstanding sections 124.01 to 124.64 and4442
Chapter 145. of the Revised Code, the examinations of applicants4443
for the positions of deputy mine inspector, superintendent of4444
rescue stations, assistant superintendent of rescue stations,4445
electrical inspectors, gas storage well inspector, and mine4446
chemists in the division of mineral resources management,4447
department of natural resources, as provided in Chapters 1561.,4448
1563., 1565., and 1567. of the Revised Code shall be provided for,4449
conducted, and administered by the mine examining board created by4450
section 1561.10 of the Revised Codechief of the division of4451
mineral resources management.4452

       From the returns of the examinations the mine examining board4453
chief shall prepare eligible lists of the persons whose general4454
average standing upon examinations for such grade or class is not4455
less than the minimum fixed by the rules of the boardadopted4456
under section 1561.05 of the Revised Code and who are otherwise4457
eligible. All appointments to a position shall be made from such4458
eligible list in the same manner as appointments are made from4459
eligible lists prepared by the director of administrative4460
services. Any person upon being appointed to fill one of the4461
positions provided for in this section, from any such eligible4462
list, shall have the same standing, rights, privileges, and status4463
as other state employees in the classified service.4464

       Sec. 124.82.  (A) Except as provided in division (D) of this4465
section, the department of administrative services, in4466
consultation with the superintendent of insurance, shall, in4467
accordance with competitive selection procedures of Chapter 125.4468
of the Revised Code, contract with an insurance company or a4469
health plan in combination with an insurance company, authorized4470
to do business in this state, for the issuance of a policy or4471
contract of health, medical, hospital, dental, or surgical4472
benefits, or any combination thereofof those benefits, covering4473
state employees who are paid directly by warrant of the auditor of4474
state, including elected state officials. The department may4475
fulfill its obligation under this division by exercising its4476
authority under division (A)(2) of section 124.81 of the Revised4477
Code.4478

       (B) The department may, in addition, in consultation with4479
the superintendent of insurance, negotiate and contract with4480
health insuring corporations holding a certificate of authority4481
under Chapter 1751. of the Revised Code, in their approved service4482
areas only, for issuance of a contract or contracts of health care4483
services, covering state employees who are paid directly by4484
warrant of the auditor of state, including elected state4485
officials. Except for health insuring corporations, no more than4486
one insurance carrier or health plan shall be contracted with to4487
provide the same plan of benefits, provided that:4488

       (1) The amount of the premium or cost for such coverage4489
contributed by the state, for an individual or for an individual4490
and the individual's family, does not exceed that same amount of4491
the premium or cost contributed by the state under division (A) of4492
this section;4493

       (2) The employee be permitted to exercise the option as to4494
which plan the employee will select under division (A) or (B) of4495
this section, at a time that shall be determined by the4496
department;4497

       (3) The health insuring corporations do not refuse to accept4498
the employee, or the employee and the employee's family, if the4499
employee exercises the option to select care provided by the4500
corporations;4501

       (4) The employee may choose participation in only one of the4502
plans sponsored by the department;4503

       (5) The director of health examines and certifies to the4504
department that the quality and adequacy of care rendered by the4505
health insuring corporations meet at least the standards of care4506
provided by hospitals and physicians in that employee's community,4507
who would be providing such care as would be covered by a contract4508
awarded under division (A) of this section.4509

       (C) All or any portion of the cost, premium, or charge for4510
the coverage in divisions (A) and (B) of this section may be paid4511
in such manner or combination of manners as the department4512
determines and may include the proration of health care costs,4513
premiums, or charges for part-time employees.4514

       (D) Notwithstanding division (A) of this section, the4515
department may provide benefits equivalent to those that may be4516
paid under a policy or contract issued by an insurance company or4517
a health plan pursuant to division (A) of this section.4518

       (E) This section does not prohibit the state office of4519
collective bargaining from entering into an agreement with an4520
employee representative for the purposes of providing fringe4521
benefits, including, but not limited to, hospitalization, surgical4522
care, major medical care, disability, dental care, vision care,4523
medical care, hearing aids, prescription drugs, group life4524
insurance, sickness and accident insurance, group legal services4525
or other benefits, or any combination thereof, to employees paid4526
directly by warrant of the auditor of state through a jointly4527
administered trust fund. The employer's contribution for the cost4528
of the benefit care shall be mutually agreed to in the4529
collectively bargained agreement. The amount, type, and structure4530
of fringe benefits provided under this division is subject to the4531
determination of the board of trustees of the jointly administered4532
trust fund. Notwithstanding any other provision of the Revised4533
Code, competitive bidding does not apply to the purchase of fringe4534
benefits for employees under this division when such benefits are4535
provided through a jointly administered trust fund.4536

       (F) Members of state boards and commissions who are members4537
of the public employees retirement system may be covered by any4538
policy, contract, or plan of benefits or services described in4539
division (A) or (B) of this section if they pay the entire amount4540
of the premiums, costs, or charges for that coverage.4541

       Sec. 125.22.  (A) The department of administrative services4542
shall establish the central service agency to perform routine4543
support for the following boards and commissions:4544

       (1) State board of examiners of architects;4545

       (2) Barber board;4546

       (3) State chiropractic board;4547

       (4) State board of cosmetology;4548

       (5) Accountancy board;4549

       (6) State dental board;4550

       (7) State board of optometry;4551

       (8) Ohio occupational therapy, physical therapy, and4552
athletic trainers board;4553

       (9) State board of registration for professional engineers4554
and surveyors;4555

       (10) State board of sanitarian registration;4556

       (11) Board of embalmers and funeral directors;4557

       (12) State board of psychology;4558

       (13) Ohio optical dispensers board;4559

       (14) Board of speech pathology and audiology;4560

       (15) Counselor and social worker board;4561

       (16) State veterinary medical licensing board;4562

       (17) Ohio board of dietetics;4563

       (18) Commission on Hispanic-Latino affairs;4564

       (19) Ohio respiratory care board;4565

       (20) Ohio commission on African-American males.4566

       (B)(1) Notwithstanding any other section of the Revised4567
Code, the agency shall perform the following routine support4568
services for the boards and commissions named in division (A) of4569
this section unless the controlling board exempts a board or4570
commission from this requirement on the recommendation of the4571
director of administrative services:4572

       (a) Preparing and processing payroll and other personnel4573
documents;4574

       (b) Preparing and processing vouchers, purchase orders,4575
encumbrances, and other accounting documents;4576

       (c) Maintaining ledgers of accounts and balances;4577

       (d) Preparing and monitoring budgets and allotment plans in4578
consultation with the boards and commissions;4579

       (e) Maintaining information required by section 3729.40 of4580
the Revised Code;4581

       (f) Other routine support services that the director of4582
administrative services considers appropriate to achieve4583
efficiency.4584

       (2) The agency may perform other services which a board or4585
commission named in division (A) of this section delegates to the4586
agency and the agency accepts.4587

       (3) The agency may perform any service for any professional4588
or occupational licensing board not named in division (A) of this4589
section or any commission if the board or commission requests such4590
service and the agency accepts.4591

       (C) The director of administrative services shall be the4592
appointing authority for the agency.4593

       (D) The agency shall determine the fees to be charged to the4594
boards and commissions, which shall be in proportion to the4595
services performed for each board or commission.4596

       (E) Each board or commission named in division (A) of this4597
section and any other board or commission requesting services from4598
the agency shall pay these fees to the agency from the general4599
revenue fund maintenance account of the board or commission or4600
from such other fund as the operating expenses of the board or4601
commission are paid. Any amounts set aside for a fiscal year by a4602
board or commission to allow for the payment of fees shall be used4603
only for the services performed by the agency in that fiscal year.4604
All receipts collected by the agency shall be deposited in the4605
state treasury to the credit of the central service agency fund,4606
which is hereby created. All expenses incurred by the agency in4607
performing services for the boards or commissions shall be paid4608
from the fund.4609

       (F) Nothing in this section shall be construed as a grant of4610
authority for the central service agency to initiate or deny4611
personnel or fiscal actions for the boards and commissions.4612

       Sec. 126.11.  (A)(1) The director of budget and management4613
shall, upon consultation with the treasurer of state, coordinate4614
and approve the scheduling of initial sales of publicly offered4615
securities of the state and of publicly offered fractionalized4616
interests in or securitized issues of public obligations of the4617
state. The director shall from time to time develop and4618
distribute to state issuers an approved sale schedule for each of4619
the obligations covered by this division (A) or (B) of this4620
section. This divisionDivision (A) of this section applies only4621
to those obligations on which the state or a state agency is the4622
direct obligor or obligor on any backup security or related credit4623
enhancement facility or source of money subject to state4624
appropriations that is intended for payment of those obligations.4625

       (2) The issuers of obligations pursuant to section 151.03,4626
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code4627
shall submit to the director:4628

       (a) For review and approval: the projected sale date,4629
amount, and type of obligations proposed to be sold; their4630
purpose, security, and source of payment; and the proposed4631
structure and maturity schedule;4632

       (b) For review and comment: the authorizing order or4633
resolution; preliminary and final offering documents; method of4634
sale; preliminary and final pricing information; and any written4635
reports or recommendations of financial advisors or consultants4636
relating to those obligations;4637

       (c) Promptly after each sale of those obligations: final4638
terms, including sale price, maturity schedule and yields, and4639
sources and uses; names of the original purchasers or4640
underwriters; a copy of the final offering document and of the4641
transcript of proceedings; and any other pertinent information4642
requested by the director.4643

       (3) The issuer of obligations pursuant to section 151.06 or4644
151.08 or Chapter 154. or 3318. of the Revised Code shall submit4645
to the director:4646

       (a) For review and mutual agreement: the projected sale4647
date, amount, and type of obligations proposed to be sold; their4648
purpose, security, and source of payment; and the proposed4649
structure and maturity schedule;4650

       (b) For review and comment: the authorizing order or4651
resolution; preliminary and final offering documents; method of4652
sale; preliminary and final pricing information; and any written4653
reports or recommendations of financial advisors or consultants4654
relating to those obligations;4655

       (c) Promptly after each sale of those obligations: final4656
terms, including sale price, maturity schedule and yields, and4657
sources and uses; names of the original purchasers or4658
underwriters; a copy of the final offering document and of the4659
transcript of proceedings; and any other pertinent information4660
requested by the director.4661

       (4) The issuers of obligations pursuant to Chapter 166.,4662
4981., 5540., or 6121., or section 5531.10, of the Revised Code4663
shall submit to the director:4664

       (a) For review and comment: the projected sale date, amount,4665
and type of obligations proposed to be sold; the purpose,4666
security, and source of payment; and preliminary and final4667
offering documents;4668

       (b) Promptly after each sale of those obligations: final4669
terms, including a maturity schedule; names of the original4670
purchasers or underwriters; a copy of the complete continuing4671
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent4672
rule as from time to time in effect; and any other pertinent4673
information requested by the director.4674

       (5) Not later than thirty days after the end of a fiscal4675
year, each issuer of obligations subject to divisions (A) and (B)4676
of this section shall submit to the director and to the treasurer4677
of state a sale plan for the then current fiscal year for each4678
type of obligation, projecting the amount and term of each4679
issuance, the method of sale, and the month of sale.4680

       (B) Issuers of obligations pursuant to section 3318.085 or4681
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,4682
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of4683
securities issued pursuant to Chapter 165. of the Revised Code4684
other than a county or municipal corporation, shall submit to the4685
director copies of the preliminary and final offering documents4686
upon their availability if not previously submitted pursuant to4687
division (A) of this section.4688

       (C) Not later than the first day of January of each year,4689
every state agency obligated to make payments on outstanding4690
public obligations with respect to which fractionalized interests4691
have been publicly issued, such as certificates of participation,4692
shall submit a report to the director of the amounts payable from4693
state appropriations under those public obligations during the4694
then current and next two fiscal years, identifying the4695
appropriation or intended appropriation from which payment is4696
expected to be made.4697

       (D)(1) Information relating generally to the historic,4698
current, or future demographics or economy or financial condition4699
or funds or general operations of the state, and descriptions of4700
any state contractual obligations relating to public obligations,4701
to be contained in any offering document, continuing disclosure4702
document, or written presentation prepared, approved, or provided,4703
or committed to be provided, by an issuer in connection with the4704
original issuance and sale of, or rating, remarketing, or credit4705
enhancement facilities relating to, public obligations referred to4706
in division (A) of this section shall be approved as to format and4707
accuracy by the director before being presented, published, or4708
disseminated in preliminary, draft, or final form, or publicly4709
filed in paper, electronic, or other format.4710

       (2) Except for information described in division (D)(1) of4711
this section that is to be contained in an offering document,4712
continuing disclosure document, or written presentation, division4713
(D)(1) of this section does not inhibit direct communication4714
between an issuer and a rating agency, remarketing agent, or4715
credit enhancement provider concerning an issuance of public4716
obligations referred to in division (A) of this section or matters4717
associated with that issuance.4718

       (3) The materials approved and provided pursuant to division4719
(D) of this section are the information relating to the particular4720
subjects provided by the state or state agencies that are required4721
or contemplated by any applicable state or federal securities laws4722
and any commitments by the state or state agencies made under4723
those laws. Reliance for the purpose should not be placed on any4724
other information publicly provided, in any format including4725
electronic, by any state agency for other purposes, including4726
general information provided to the public or to portions of the4727
public. A statement to that effect shall be included in those4728
materials so approved or provided.4729

       (E) Issuers of obligations referred to in division (A) of4730
this section may take steps, by formal agreement, covenants in the4731
proceedings, or otherwise, as may be necessary or appropriate to4732
comply or permit compliance with applicable lawful disclosure4733
requirements relating to those obligations, and may, subject to4734
division (D) of this section, provide, make available, or file4735
copies of any required disclosure materials as necessary or4736
appropriate. Any such formal agreement or covenant relating to4737
subjects referred to in division (D) of this section, and any4738
description of that agreement or covenant to be contained in any4739
offering document, shall be approved by the director before being4740
entered into or published or publicly disseminated in preliminary,4741
draft, or final form or publicly filed in paper, electronic, or4742
other format. The director shall be responsible for making all4743
filings in compliance with those requirements relating to direct4744
obligations of the state, including fractionalized interests in4745
those obligations.4746

       (F) No state agency or official shall, without the approval4747
of the director of budget and management, do either of the4748
following:4749

       (1) Enter into or commit to enter into a public obligation4750
under which fractionalized interests in the payments are to be4751
publicly offered, which payments are anticipated to be made from4752
money from any source appropriated or to be appropriated by the4753
general assembly or in which the provision stated in section 9.944754
of the Revised Code is not included;4755

       (2) Except as otherwise expressly authorized for the purpose4756
by law, agree or commit to provide, from money from any source to4757
be appropriated in the future by the general assembly, financial4758
assistance to or participation in the costs of capital facilities,4759
or the payment of debt charges, directly or by way of a credit4760
enhancement facility, a reserve, rental payments, or otherwise, on4761
obligations issued to pay costs of capital facilities.4762

       (G) As used in this section, "credit enhancement4763
facilities," "debt charges," "fractionalized interests in public4764
obligations," "obligor," "public issuer," and "securities" have4765
the same meanings as in section 133.01 of the Revised Code;4766
"public obligation" has the same meaning as in division (GG)(2) of4767
section 133.01 of the Revised Code; "obligations" means securities4768
or public obligations or fractionalized interests in them;4769
"issuers" means issuers of securities or state obligors on public4770
obligations; "offering document" means an official statement,4771
offering circular, private placement memorandum, or prospectus, or4772
similar document; and "director" means the director of budget and4773
management or the employee of the office of budget and management4774
designated by the director for the purpose.4775

       Sec. 126.21.  (A) The director of budget and management4776
shall do all of the following:4777

       (1) Keep all necessary accounting records;4778

       (2) Prescribe and maintain the accounting system of the4779
state and establish appropriate accounting procedures and charts4780
of accounts;4781

       (3) Establish procedures for the use of written, electronic,4782
optical, or other communications media for approving payment4783
vouchers;4784

       (4) Reconcile, in the case of any variation between the4785
amount of any appropriation and the aggregate amount of items of4786
the appropriation, with the advice and assistance of the state4787
agency affected by it and the legislative budget office of the4788
legislative service commission, totals so as to correspond in the4789
aggregate with the total appropriation. In the case of a conflict4790
between the item and the total of which it is a part, the item4791
shall be considered the intended appropriation.4792

       (5) Evaluate on an ongoing basis and, if necessary,4793
recommend improvements to the internal controls used in state4794
agencies;4795

       (6) Authorize the establishment of petty cash accounts. The4796
director of budget and management may withdraw approval for any4797
petty cash account and require the officer in charge to return to4798
the state treasury any unexpended balance shown by the officer's4799
accounts to be on hand. Any officer who is issued a warrant for4800
petty cash shall render a detailed account of the expenditures of4801
the petty cash and shall report when requested the balance of4802
petty cash on hand at any time.4803

       (7) Process orders, invoices, vouchers, claims, and payrolls4804
and prepare financial reports and statements;4805

       (8) Perform extensions, reviews, and compliance checks prior4806
to approving a payment as the director considers necessary;4807

       (9) Issue the official comprehensive annual financial report4808
of the state. The report shall cover all funds and account groups4809
of the state reporting entity and shall include general purpose4810
basic financial statements and required supplementary information4811
prepared in accordance with generally accepted accounting4812
principles and other information as the director provides. All4813
state agencies, authorities, institutions, offices, retirement4814
systems, and other component units of the state reporting entity4815
as determined by the director shall furnish the director whatever4816
financial statements and other information the director requests4817
for the report, in the form, at the times, covering the periods,4818
and with the attestation the director prescribes. The information4819
for state institutions of higher education, as defined in section4820
3345.011 of the Revised Code, shall be submitted to the director4821
by the Ohio board of regents. The board shall establish a due4822
date by which each such institution shall submit the information4823
to the board, but no such date shall be later than one hundred4824
twenty days after the end of the state fiscal year unless a later4825
date is approved by the director.4826

       (B) In addition to the director's duties under division (A)4827
of this section, the director of budget and management may4828
establish and administer one or more state payment card programs4829
that permit or require state agencies to use a payment card to4830
purchase equipment, materials, supplies, or services in accordance4831
with guidelines issued by the director. The director may contract4832
with one or more vendors to provide the payment cards and payment4833
card services. State agencies may only participate in state4834
payment card programs that the director establishes pursuant to4835
this section.4836

       Sec. 127.16.  (A) Upon the request of either a state agency4837
or the director of budget and management and after the controlling4838
board determines that an emergency or a sufficient economic reason4839
exists, the controlling board may approve the making of a purchase4840
without competitive selection as provided in division (B) of this4841
section.4842

       (B) Except as otherwise provided in this section, no state4843
agency, using money that has been appropriated to it directly,4844
shall:4845

       (1) Make any purchase from a particular supplier, that would4846
amount to fifty thousand dollars or more when combined with both4847
the amount of all disbursements to the supplier during the fiscal4848
year for purchases made by the agency and the amount of all4849
outstanding encumbrances for purchases made by the agency from the4850
supplier, unless the purchase is made by competitive selection or4851
with the approval of the controlling board;4852

       (2) Lease real estate from a particular supplier, if the4853
lease would amount to seventy-five thousand dollars or more when4854
combined with both the amount of all disbursements to the supplier4855
during the fiscal year for real estate leases made by the agency4856
and the amount of all outstanding encumbrances for real estate4857
leases made by the agency from the supplier, unless the lease is4858
made by competitive selection or with the approval of the4859
controlling board.4860

       (C) Any person who authorizes a purchase in violation of4861
division (B) of this section shall be liable to the state for any4862
state funds spent on the purchase, and the attorney general shall4863
collect the amount from the person.4864

       (D) Nothing in division (B) of this section shall be4865
construed as:4866

       (1) A limitation upon the authority of the director of4867
transportation as granted in sections 5501.17, 5517.02, and4868
5525.14 of the Revised Code;4869

       (2) Applying to medicaid provider agreements under Chapter4870
5111. of the Revised Code or payments or provider agreements under4871
disability assistance medical assistance established under Chapter4872
5115. of the Revised Code;4873

       (3) Applying to the purchase of examinations from a sole4874
supplier by a state licensing board under Title XLVII of the4875
Revised Code;4876

       (4) Applying to entertainment contracts for the Ohio state4877
fair entered into by the Ohio expositions commission, provided4878
that the controlling board has given its approval to the4879
commission to enter into such contracts and has approved a total4880
budget amount for such contracts as agreed upon by commission4881
action, and that the commission causes to be kept itemized records4882
of the amounts of money spent under each contract and annually4883
files those records with the clerk of the house of representatives4884
and the clerk of the senate following the close of the fair;4885

       (5) Limiting the authority of the chief of the division of4886
mineral resources management to contract for reclamation work with4887
an operator mining adjacent land as provided in section 1513.27 of4888
the Revised Code;4889

       (6) Applying to investment transactions and procedures of4890
any state agency, except that the agency shall file with the board4891
the name of any person with whom the agency contracts to make,4892
broker, service, or otherwise manage its investments, as well as4893
the commission, rate, or schedule of charges of such person with4894
respect to any investment transactions to be undertaken on behalf4895
of the agency. The filing shall be in a form and at such times as4896
the board considers appropriate.4897

       (7) Applying to purchases made with money for the per cent4898
for arts program established by section 3379.10 of the Revised4899
Code;4900

       (8) Applying to purchases made by the rehabilitation4901
services commission of services, or supplies, that are provided to4902
persons with disabilities, or to purchases made by the commission4903
in connection with the eligibility determinations it makes for4904
applicants of programs administered by the social security4905
administration;4906

       (9) Applying to payments by the department of job and family4907
services under section 5111.13 of the Revised Code for group4908
health plan premiums, deductibles, coinsurance, and other4909
cost-sharing expenses;4910

       (10) Applying to any agency of the legislative branch of the4911
state government;4912

       (11) Applying to agreements or contracts entered into under4913
section 5101.11, 5101.21, or 5101.211 of the Revised Code;4914

       (12) Applying to purchases of services by the adult parole4915
authority under section 2967.14 of the Revised Code or by the4916
department of youth services under section 5139.08 of the Revised4917
Code;4918

       (13) Applying to dues or fees paid for membership in an4919
organization or association;4920

       (14) Applying to purchases of utility services pursuant to4921
section 9.30 of the Revised Code;4922

       (15) Applying to purchases made in accordance with rules4923
adopted by the department of administrative services of motor4924
vehicle, aviation, or watercraft fuel, or emergency repairs of4925
such vehicles;4926

       (16) Applying to purchases of tickets for passenger air4927
transportation;4928

       (17) Applying to purchases necessary to provide public4929
notifications required by law or to provide notifications of job4930
openings;4931

       (18) Applying to the judicial branch of state government;4932

       (19) Applying to purchases of liquor for resale by the4933
division of liquor control;4934

       (20) Applying to purchases of motor courier and freight4935
services made in accordance with department of administrative4936
services rules;4937

       (21) Applying to purchases from the United States postal4938
service and purchases of stamps and postal meter replenishment4939
from vendors at rates established by the United States postal4940
service;4941

       (22) Applying to purchases of books, periodicals, pamphlets,4942
newspapers, maintenance subscriptions, and other published4943
materials;4944

       (23) Applying to purchases from other state agencies,4945
including state-assisted institutions of higher education;4946

       (24) Limiting the authority of the director of environmental4947
protection to enter into contracts under division (D) of section4948
3745.14 of the Revised Code to conduct compliance reviews, as4949
defined in division (A) of that section;4950

       (25) Applying to purchases from a qualified nonprofit agency4951
pursuant to sections 4115.31 to 4115.35 of the Revised Code;4952

       (26) Applying to payments by the department of job and4953
family services to the United States department of health and4954
human services for printing and mailing notices pertaining to the4955
tax refund offset program of the internal revenue service of the4956
United States department of the treasury;4957

       (27) Applying to contracts entered into by the department of4958
mental retardation and developmental disabilities under sections4959
5123.18, 5123.182, and 5111.252 of the Revised Code;4960

       (28) Applying to payments made by the department of mental4961
health under a physician recruitment program authorized by section4962
5119.101 of the Revised Code;4963

       (29) Applying to contracts entered into with persons by the4964
director of commerce for unclaimed funds collection and remittance4965
efforts as provided in division (F) of section 169.03 of the4966
Revised Code. The director shall keep an itemized accounting of4967
unclaimed funds collected by those persons and amounts paid to4968
them for their services.4969

       (30) Applying to purchases made by a state institution of4970
higher education in accordance with the terms of a contract4971
between the vendor and an inter-university purchasing group4972
comprised of purchasing officers of state institutions of higher4973
education;4974

       (31) Applying to the department of job and family services'4975
purchases of health assistance services under the children's4976
health insurance program part I provided for under section 5101.504977
of the Revised Code or the children's health insurance program4978
part II provided for under section 5101.51 of the Revised Code;4979

       (32) Applying to payments by the attorney general from the4980
reparations fund to hospitals and other emergency medical4981
facilities for performing medical examinations to collect physical4982
evidence pursuant to section 2907.28 of the Revised Code;4983

       (33) Applying to contracts with a contracting authority or4984
administrative receiver under division (G)(2) of section 5126.0554985
of the Revised Code.4986

       (E) Notwithstanding division (B)(1) of this section, the4987
cumulative purchase threshold shall be seventy-five thousand4988
dollars for the departments of mental retardation and4989
developmental disabilities, mental health, rehabilitation and4990
correction, and youth services.4991

       (F) When determining whether a state agency has reached the4992
cumulative purchase thresholds established in divisions (B)(1),4993
(B)(2), and (E) of this section, all of the following purchases by4994
such agency shall not be considered:4995

       (1) Purchases made through competitive selection or with4996
controlling board approval;4997

       (2) Purchases listed in division (D) of this section;4998

       (3) For the purposes of the thresholds of divisions (B)(1)4999
and (E) of this section only, leases of real estate.5000

       (G) As used in this section, "competitive selection,"5001
"purchase," "supplies," and "services" have the same meanings as5002
in section 125.01 of the Revised Code.5003

       Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,5004
125., 126., 127., and 131. of the Revised Code, and any statute5005
that uses the terms in connection with state accounting or5006
budgeting:5007

       (A) "Account" means any record, element, or summary in which5008
financial transactions are identified and recorded as debit or5009
credit transactions in order to summarize items of a similar5010
nature or classification.5011

       (B) "Accounting procedure" means the arrangement of all5012
processes which discover, record, and summarize financial5013
information to produce financial statements and reports and to5014
provide internal control.5015

       (C) "Accounting system" means the total structure of records5016
and procedures which discover, record, classify, and report5017
information on the financial position and operations of a5018
governmental unit or any of its funds, balanced account groups,5019
and organizational components.5020

       (D) "Allocation" means a portion of an appropriation which is5021
designated for expenditure by specific organizational units or for5022
special purposes, activities, or objects that do not relate to a5023
period of time.5024

       (E) "Allotment" means all or part of an appropriation which5025
may be encumbered or expended within a specific period of time.5026

       (F) "Appropriation" means an authorization granted by the5027
general assembly to make expenditures and to incur obligations for5028
specific purposes.5029

       (G) "Assets" means resources owned, controlled, or otherwise5030
used or held by the state which have monetary value.5031

       (H) "Budget" means the plan of financial operation embodying5032
an estimate of proposed expenditures and obligations for a given5033
period and the proposed means of financing them.5034

       (I) "Direct deposit" is a form of electronic funds transfer5035
in which money is electronically deposited into the account of a5036
person or entity at a financial institution.5037

       (J) "Disbursement" means a payment made for any purpose.5038

       (K) "Electronic benefit transfer" means the electronic5039
delivery of benefits through automated teller machines, point of5040
sale terminals, or other electronic media pursuant to section5041
5101.33 of the Revised Code.5042

       (L) "Electronic funds transfer" means the electronic movement5043
of funds via automated clearing house or wire transfer.5044

       (M) "Encumbrancing document" means a document reserving all5045
or part of an appropriation.5046

       (N) "Expenditure" means a reduction of the balance of an5047
appropriation after legal requirements have been met.5048

       (O) "Fund" means an independent fiscal and accounting entity5049
with a self-balancing set of accounts recording cash or other5050
resources, together with all related liabilities, obligations,5051
reserves, and fund balances which are segregated for the purpose5052
of carrying on specific activities or attaining certain objectives5053
in accordance with special rules, restrictions, or limitations.5054

       (P) "Lapse" means the automatic termination of an5055
appropriation at the end of the fiscal period for which it was5056
appropriated.5057

       (Q) "Reappropriation" means an appropriation of a previous5058
appropriation that is continued in force in a succeeding5059
appropriation period. "Reappropriation" shall be equated with and5060
incorporated in the term "appropriation."5061

       (R) "Voucher" means the document used to transmit a claim for5062
payment and evidentiary matter related to the claim.5063

       (S) "Warrant" means an order drawn upon the treasurer of5064
state by the auditor of state directing the treasurer of state to5065
pay a specified amount, including an order to make a lump-sum5066
payment to a financial institution for the transfer of funds by5067
direct deposit or the drawdown of funds by electronic benefit5068
transfer, and the resulting electronic transfer to or by the5069
ultimate payees.5070

       The terms defined in this section shall be used, on all5071
accounting forms, reports, formal rules, and budget requests5072
produced by a state agency, only as defined in this section.5073

       Sec. 133.021.  The general assembly hereby finds and declares5074
that the "Tax Reform Act of 1986" (the "Act") establishes a5075
unified volume ceiling on the aggregate amount of private activity5076
bonds whichthat can be issued in each state. The amount of the5077
unified volume ceiling is the product of seventy-five dollars5078
multiplied by the state population in 1987 and fifty dollars5079
multiplied by the state population in each succeeding calendar5080
yearshall be the amount determined as set forth in section 146(d) 5081
of the Internal Revenue Code.5082

       The general assembly further finds and declares that the Act5083
requires the state to allocate its volume ceiling according to a5084
specified formula unless a different procedure is established by5085
the governor or general assembly.5086

       The general assembly further finds and declares that pursuant5087
to authorization of state legislation the general assembly has, by5088
division (D)(3) of section 133.02 of the Revised Code, effective5089
October 30, 1989, provided for delegating such function to the5090
governor and for further delegation as therein provided, subject5091
to such prospectively effective actions as may subsequently be5092
taken by the general assembly.5093

       The general assembly further finds and declares that it5094
desires to by legislation provide for an efficient, effective, and5095
equitable procedure under which the state will allocate the5096
unified volume ceiling.5097

       The general assembly therefore finds and declares that it is5098
necessary to create the joint select committee on volume cap to5099
create a process for the allocation of the unified volume ceiling.5100

       (A) Pursuant to section 146(e)(2)(B)(ii) of the Internal5101
Revenue Code, which provides that a state may by law provide a5102
different formula for allocating the state ceiling, there is5103
hereby created the joint select committee on volume cap to provide5104
for the allocation and the reallocation of the unified volume5105
ceiling among the governmental units (or other authorities) in the5106
state having authority to issue tax exempt private activity bonds.5107

       (B) The committee shall consist of eight members. Two5108
members shall be from the house of representatives appointed by5109
the speaker of the house of representatives; two members shall be5110
from the senate appointed by the president of the senate; and four5111
members shall be appointed by the governor. Each member shall be5112
selected for his or herthe member's knowledge and experience in5113
tax exempt private activity bonds. The members shall serve at the5114
pleasure of the appointing authority. A vacancy shall be filled5115
in the same manner as the original appointment.5116

       (C) The purpose of the committee shall be to maximize the5117
economic benefits of the unified volume ceiling to all citizens of5118
the state. To this end, the joint select committee on volume cap5119
shall:5120

       (1) Annually, survey the governmental units (or other5121
authorities) in the state having authority to issue tax exempt5122
private activity bonds concerning:5123

       (a) The amount of tax exempt private activity bonds issued5124
for the previous calendar year; and5125

       (b) The amount requested for the calendar year allocation5126
currently under consideration.5127

       (2) Set forth procedures for making allocations,5128
reallocation and carry forward of the state's unified volume5129
ceiling in accordance with the Act;5130

       (3)(2) Develop strategies for allocating and reallocating5131
the unified volume ceiling which are designed to maximize the5132
availability of tax exempt private activity bonds among competing5133
sectors of the state.5134

       (D) To provide for the orderly and prompt issuance of5135
private activity bonds, the committee is authorized to allocate5136
the unified volume ceiling among those governmental units (or5137
other authorities) in the state having authority to issue tax5138
exempt private activity bonds. The committee shall reserve a5139
portion of the unified volume ceiling to be allocated for5140
multi-family rental housing projects. The committee in5141
determination of unified volume ceiling allocations and5142
reallocations shall consider the following:5143

       (1) The interest of the state with regard to long-term5144
economic development, housing, education, redevelopment, and solid5145
waste management;5146

       (2) The projected increase of jobs in the state;5147

       (3) The needs of political subdivisions.5148

       (E) The director of development shall adopt rules in5149
accordance with Chapter 119. of the Revised Code to carry out the5150
purposes of this section.5151

       Sec. 133.06.  (A) A school district shall not incur, without5152
a vote of the electors, net indebtedness that exceeds an amount5153
equal to one-tenth of one per cent of its tax valuation, except as5154
provided in divisions (G) and (H) of this section and in division5155
(C) of section 3313.372 of the Revised Code, or as prescribed in5156
section 3318.052 of the Revised Code.5157

       (B) Except as provided in divisions (E) and, (F), and (I) of5158
this section, a school district shall not incur net indebtedness5159
that exceeds an amount equal to nine per cent of its tax5160
valuation.5161

       (C) A school district shall not submit to a vote of the5162
electors the question of the issuance of securities in an amount5163
that will make the district's net indebtedness after the issuance5164
of the securities exceed an amount equal to four per cent of its5165
tax valuation, unless the superintendent of public instruction,5166
acting under policies adopted by the state board of education, and5167
the tax commissioner, acting under written policies of the5168
commissioner, consent to the submission. A request for the5169
consents shall be made at least thirty days prior to the election5170
at which the question is to be submitted, except that the5171
superintendent of public instruction and the tax commissioner may5172
waive this thirty-day deadline or grant their consents after the5173
election if the school district shows good cause for such waiver5174
or consent after the election.5175

       (D) In calculating the net indebtedness of a school5176
district, none of the following shall be considered:5177

       (1) Securities issued to acquire school buses and other5178
equipment used in transporting pupils or issued pursuant to5179