As Reported by the House Finance and Appropriations Committee

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


REPRESENTATIVE Carey



A BILL
To amend sections 9.06, 9.821, 9.822, 103.143,1
102.02, 105.41, 111.16, 111.18, 111.23, 111.25,2
118.08, 120.06, 120.16, 120.26, 120.33, 121.40,3
122.011, 122.71, 122.76, 122.92, 125.22, 126.11, 4
126.21, 127.16, 131.01, 133.021, 133.06, 133.07,5
140.01, 166.03, 169.01, 173.40, 175.22, 179.02,6
179.03, 179.04, 181.51, 181.52, 181.54, 181.56,7
183.09, 183.10, 183.17, 301.27, 325.071, 329.042,8
349.01, 503.162, 504.03, 504.04, 505.24, 507.09,9
901.43, 901.63, 901.81, 901.82, 917.07, 917.99,10
1309.40, 1309.401, 1309.402, 1309.42, 1329.01,11
1329.04, 1329.06, 1329.07, 1329.42, 1329.421,12
1329.45, 1329.56, 1329.58, 1329.60, 1329.601,13
1501.01, 1501.40, 1503.011, 1507.01, 1509.071,14
1514.11, 1521.04, 1531.35, 1533.13, 1547.67,15
1561.26, 1701.05, 1701.07, 1701.81, 1702.05,16
1702.06, 1702.43, 1702.59, 1703.04, 1703.041,17
1703.15, 1703.17, 1703.27, 1703.31, 1705.05,18
1705.06, 1705.38, 1705.55, 1746.04, 1746.06, 19
1746.15, 1747.03, 1747.04, 1747.10, 1775.63,20
1775.64, 1782.04, 1782.08, 1782.09, 1782.433,21
1785.06, 1901.26, 1907.24, 2151.34, 2303.201, 22
2317.02, 2317.022, 2329.66, 2715.041, 2715.045,23
2716.13, 2921.13, 2949.091, 2953.21, 3109.14,24
3301.075, 3301.70, 3301.80, 3311.057, 3313.37,25
3313.41, 3313.603, 3313.608, 3313.64, 3314.07,26
3314.08, 3314.09, 3317.01, 3317.012, 3317.013,27
3317.014, 3317.02, 3317.021, 3317.022, 3317.023,28
3317.024, 3317.029, 3317.0212, 3317.0213,29
3317.0216, 3317.03, 3317.05, 3317.051, 3317.064,30
3317.11, 3317.13, 3317.16, 3317.161, 3317.162,31
3317.19, 3317.20, 3318.04, 3318.05, 3318.052,32
3318.06, 3318.08, 3318.12, 3318.31, 3318.36,33
3318.362, 3318.37, 3318.38, 3319.19, 3321.01,34
3323.09, 3323.091, 3333.02, 3333.03, 3333.043,35
3333.12, 3333.13, 3333.21, 3333.22, 3383.01,36
3383.02, 3383.04, 3383.07, 3701.142, 3702.68,37
3721.07, 3721.12, 3721.16, 3721.17, 3734.57,38
3734.82, 3734.901, 3745.014, 3745.04, 3745.11,39
3745.22, 3750.02, 3769.08, 3769.20, 3770.06,40
3793.04, 3902.23, 3923.28, 3923.30, 4105.17,41
4115.10, 4121.44, 4123.27, 4301.43, 4504.05,42
4511.81, 4701.10, 4701.16, 4713.10, 4715.03,43
4715.13, 4715.14, 4715.16, 4715.21, 4715.24,44
4715.27, 4717.02, 4717.07, 4717.08, 4717.09,45
4723.08, 4723.79, 4731.14, 4731.53, 4736.12,46
4736.14, 4743.05, 4775.01, 4775.02, 4775.08, 47
4775.99, 5101.071, 5101.14, 5101.141, 5101.145,48
5101.184, 5101.19, 5101.36, 5101.521, 5101.54,49
5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 50
5103.031, 5103.033, 5103.036, 5103.0312,51
5103.0313, 5103.0316, 5103.07, 5107.02, 5107.10,52
5107.14, 5107.18, 5108.01, 5108.06, 5108.07,53
5108.08, 5108.09, 5108.10, 5111.01, 5111.041, 54
5111.17, 5111.20, 5111.22, 5111.23, 5111.231,55
5111.25, 5111.251, 5111.255, 5111.28, 5111.29,56
5111.58, 5111.87, 5119.01, 5119.06, 5119.61, 57
5123.01, 5123.041, 5123.60, 5123.71, 5123.76,58
5126.01, 5126.042, 5126.05, 5126.051, 5126.12,59
5126.18, 5126.357, 5126.431, 5139.01, 5139.11,60
5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 61
5705.091, 5705.41, 5705.44, 5709.17, 5721.30,62
5725.31, 5727.81, 5727.811, 5727.84, 5727.85,63
5729.07, 5733.053, 5733.056, 5733.06, 5733.122,64
5733.401, 5733.42, 5739.01, 5739.02, 5739.024,65
5747.122, 5747.221, 5747.39, 6101.25, 6109.13,66
6109.21, and 6111.035; to amend, for the purpose67
of adopting new section numbers as indicated in68
parentheses, sections 3317.161 (3317.052),69
3317.162 (3317.053), 5101.19 (329.19), 5101.07170
(5101.251), 5101.853 (5101.851), 5101.85471
(5101.853), 5108.06 (5108.03), 5108.07 (5108.05),72
5108.08 (5108.06), 5111.34 (5111.206), and 5111.8773
(5111.871); to enact new sections 5101.852,74
5108.07, 5108.08, 5111.34, 5111.341, 5111.87, and75
5126.054 and sections 103.33, 340.16, 504.21, 991.20, 76
1502.12, 1513.10, 1521.19, 3302.041, 3303.01,77
3305.061, 3311.058, 3314.072, 3314.091, 3317.0217,78
3318.042, 3318.051, 3318.363, 3318.50, 3318.51,79
3318.52, 3383.09, 3701.61, 3701.92, 3704.143, 3745.10,80
3745.15, 4715.031, 4723.062, 4731.573, 4905.87,81
5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,82
5111.342, 5111.343, 5111.344, 5111.345, 5111.346,83
5111.347, 5111.348, 5111.349, 5111.3410,84
5111.3411, 5111.3412, 5111.3413, 5111.3414,85
5111.3415, 5111.63, 5111.64, 5111.85, 5111.86,86
5111.872, 5111.873, 5123.044, 5123.045, 5123.046,87
5123.047, 5123.048, 5123.049, 5123.0410,88
5123.0411, 5123.0412, 5123.0413, 5123.195,89
5126.046, 5126.047, 5126.055, and 5126.056; and to90
repeal sections 9.832, 105.45, 105.46, 121.51,91
121.52, 121.53, 131.41, 166.032, 307.031, 1329.68,92
1503.35, 1503.351, 1507.12, 2151.341, 3317.0215,93
3318.055, 3318.061, 3318.081, 3318.13, 3318.14,94
3318.17, 3318.361, 3702.17, 3729.01, 3729.02,95
3729.03, 3729.05, 3729.10, 3729.11, 3729.12,96
3729.14, 3729.15, 3729.16, 3729.17, 3729.18,97
3729.21, 3729.22, 3729.23, 3729.24, 3729.26,98
3729.29, 3729.36, 3729.40, 3729.41, 3729.43,99
3729.45, 3729.46, 3729.55, 3729.61, 3729.99,100
5101.143, 5101.52, 5101.541, 5101.542, 5101.543,101
5101.851, 5101.852, 5111.341, 5111.88, 5126.054,102
and 5139.281 of the Revised Code; to amend the103
versions of sections 2152.43 and 5139.31 of the104
Revised Code that are scheduled to take effect105
January 1, 2002; and to amend the versions of106
sections 5139.01 and 5139.11 of the Revised Code107
that are scheduled to take effect January 1, 2002,108
and to amend Section 153 of Am. Sub. H.B. 117 of109
the 121st General Assembly, as subsequently110
amended; to amend Section 3 of Am. Sub. H.B. 440111
of the 121st General Assembly, as subsequently112
amended; to amend Section 5 of Am. Sub. S.B. 50 of113
the 121st General Assembly, as subsequently114
amended; to amend Section 3 of Am. Sub. H.B. 215115
of the 122nd General Assembly, as subsequently116
amended; to amend Section 3 of Am. Sub. H.B. 621117
of the 122nd General Assembly, as subsequently118
amended; to amend Section 9 of Am. Sub. S.B. 192119
of the 123rd General Assembly; to amend Section 4120
of Am. S.B. 210 of the 123rd General Assembly; to121
amend Sections 129 and 180 of Am. Sub. H.B. 283 of122
the 123rd General Assembly; to amend Sections 10123
and 13 of Am. Sub. S.B. 287 of the 123rd General124
Assembly to repeal Section 18 of Am. Sub. H.B. 650125
of the 122nd General Assembly, as subsequently126
amended; to repeal Section 17 of Am. Sub. H.B. 282127
of the 123rd General Assembly, as subsequently128
amended; to repeal Section 15 of Am. Sub. S.B. 287129
of the 123rd General Assembly and to repeal130
Section 173 of this act on January 16, 2002 to131
make operating appropriations for the biennium132
beginning July 1, 2001, and ending June 30, 2003,133
and to provide authorization and conditions for134
the operation of state programs.135


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

       Section 1. That sections 9.06, 9.821, 9.822, 103.143, 102.02,136
105.41, 111.16, 111.18, 111.23, 111.25, 118.08, 120.06, 120.16,137
120.26, 120.33, 121.40, 122.011, 122.71, 122.76, 122.92, 125.22,138
126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 140.01,139
166.03, 169.01, 173.40, 175.22, 179.02, 179.03, 179.04, 181.51,140
181.52, 181.54, 181.56, 183.09, 183.10, 183.17, 301.27, 325.071,141
329.042, 349.01, 503.162, 504.03, 504.04, 505.24, 507.09, 901.43,142
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401,143
1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 144
1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1501.01,145
1501.40, 1503.011, 1507.01, 1509.071, 1514.11, 1521.04, 1531.35,146
1533.13, 1547.67, 1561.26, 1701.05, 1701.07, 1701.81, 1702.05,147
1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 148
1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55, 1746.04,149
1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63, 1775.64,150
1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26, 1907.24,151
2151.34, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,152
2715.045, 2716.13, 2921.13, 2949.091, 2953.21, 3109.14, 3301.075,153
3301.70, 3301.80, 3311.057, 3313.37, 3313.41, 3313.603, 3313.608,154
3313.64, 3314.07, 3314.08, 3314.09, 3317.01, 3317.012, 3317.013,155
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,156
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,157
3317.051, 3317.064, 3317.11, 3317.13, 3317.16, 3317.161, 3317.162,158
3317.19, 3317.20, 3318.04, 3318.05, 3318.052, 3318.06, 3318.08,159
3318.12, 3318.31, 3318.36, 3318.362, 3318.37, 3318.38, 3319.19,160
3321.01, 3323.09, 3323.091, 3333.02, 3333.03, 3333.043, 3333.12,161
3333.13, 3333.21, 3333.22, 3383.01, 3383.02, 3383.04, 3383.07,162
3701.142, 3702.68, 3721.07, 3721.12, 3721.16, 3721.17, 3734.57,163
3734.82, 3734.901, 3745.014, 3745.04, 3745.11, 3745.22, 3750.02,164
3769.08, 3769.20, 3770.06, 3793.04, 3902.23, 3923.28, 3923.30, 165
4105.17, 4115.10, 4121.44, 4123.27, 4301.43, 4504.05, 4511.81,166
4701.10, 4701.16, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16,167
4715.21, 4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09,168
4723.08, 4723.79, 4731.14, 4731.53, 4736.12, 4736.14, 4743.05,169
4775.01, 4775.02, 4775.08, 4775.99, 5101.071, 5101.14, 5101.141,170
5101.145, 5101.184, 5101.19, 5101.36, 5101.521, 5101.54, 5101.80,171
5101.83, 5101.85, 5101.853, 5101.854, 5103.031, 5103.033,172
5103.036, 5103.0312, 5103.0313, 5103.0316, 5103.07, 5107.02,173
5107.10, 5107.14, 5107.18, 5108.01, 5108.06, 5108.07, 5108.08,174
5108.09, 5108.10, 5111.01, 5111.041, 5111.17, 5111.20, 5111.22,175
5111.23, 5111.231, 5111.25, 5111.251, 5111.255, 5111.28, 5111.29,176
5111.58, 5111.87, 5119.01, 5119.06, 5119.61, 5123.01, 5123.041,177
5123.60, 5123.71, 5123.76, 5126.01, 5126.042, 5126.05, 5126.051,178
5126.12, 5126.18, 5126.357, 5126.431, 5139.01, 5139.11, 5139.31,179
5153.165, 5153.60, 5153.69, 5153.78, 5705.091, 5705.41, 5705.44,180
5709.17, 5721.30, 5725.31, 5727.81, 5727.811, 5727.84, 5727.85,181
5729.07, 5733.053, 5733.056, 5733.06, 5733.122, 5733.401, 5733.42,182
5739.01, 5739.02, 5739.024, 5747.122, 5747.221, 5747.39, 6101.25,183
6109.13, 6109.21, and 6111.035 be amended; sections 3317.161184
(3317.052), 3317.162 (3317.053), 5101.19 (329.19), 5101.071185
(5101.251), 5101.853 (5101.851), 5101.854 (5101.853), 5108.06186
(5108.03), 5108.07 (5108.05), 5108.08 (5108.06), 5111.34187
(5111.206), and 5111.87 (5111.871) be amended for the purpose of188
adopting new section numbers as indicated in parentheses; and new189
sections 5101.852, 5108.07, 5108.08, 5111.34, 5111.341, 5111.87,190
and 5126.054 and sections 103.33, 340.16, 504.21, 991.20, 1502.12,191
1513.10, 1521.19, 3302.041, 3303.01, 3305.061, 3311.058, 3314.072,192
3314.091, 3317.0217, 3318.042, 3318.051, 3318.363, 3318.50,193
3318.51, 3318.52, 3383.09, 3701.61, 3701.92, 3704.143, 3745.10, 3745.15,194
4715.031, 4723.062, 4731.573, 4905.87, 5101.821, 5111.0110,195
5111.042, 5111.081, 5111.171, 5111.342, 5111.343, 5111.344,196
5111.345, 5111.346, 5111.347, 5111.348, 5111.349, 5111.3410,197
5111.3411, 5111.3412, 5111.3413, 5111.3414, 5111.3415, 5111.63,198
5111.64, 5111.85, 5111.86, 5111.872, 5111.873, 5123.044,199
5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,200
5123.0411, 5123.0412, 5123.0413, 5123.195, 5126.046, 5126.047,201
5126.055, and 5126.056 of the Revised Code be enacted to read as202
follows:203

       Sec. 9.06.  (A)(1) The department of rehabilitation and204
correction shall contract for the private operation and management205
pursuant to this section of the initial intensive program prison206
established pursuant to section 5120.033 of the Revised Code and207
may contract for the private operation and management of any other208
facility under this section. Counties and municipal corporations209
to the extent authorized in sections 307.93, 341.35, 753.03, and210
753.15 of the Revised Code, may contract for the private operation211
and management of a facility under this section. A contract212
entered into under this section shall be for an initial term of213
not more than two years, with an option to renew for additional214
periods of two years.215

       (2) Not later than December 31, 1998, the The department of216
rehabilitation and correction, by rule, shall adopt minimum217
criteria and specifications that a person or entity, other than a218
person or entity that satisfies the criteria set forth in division219
(A)(3)(a) of this section and subject to division (I) of this220
section, must satisfy in order to apply to operate and manage as a221
contractor pursuant to this section the initial intensive program222
prison established pursuant to section 5120.033 of the Revised223
Code.224

       (3) Subject to division (I) of this section, any person or225
entity that applies to operate and manage a facility as a226
contractor pursuant to this section shall satisfy one or more of227
the following criteria:228

       (a) The person or entity is accredited by the American229
correctional association and, at the time of the application,230
operates and manages one or more facilities accredited by the231
American correctional association.232

       (b) The person or entity satisfies all of the minimum233
criteria and specifications adopted by the department of234
rehabilitation and correction pursuant to division (A)(2) of this235
section, provided that this alternative shall be available only in236
relation to the initial intensive program prison established237
pursuant to section 5120.033 of the Revised Code.238

       (4) Subject to division (I) of this section, before a public239
entity may enter into a contract under this section, the240
contractor shall convincingly demonstrate to the public entity241
that it can operate the facility with the inmate capacity required242
by the public entity and provide the services required in this243
section and realize at least a five per cent savings over the244
projected cost to the public entity of providing these same245
services to operate the facility that is the subject of the246
contract. No out-of-state prisoners may be housed in any facility247
that is the subject of a contract entered into under this section.248

       (B) Subject to division (I) of this section, any contract249
entered into under this section shall include all of the250
following:251

       (1) A requirement that the contractor retain the252
contractor's accreditation from the American correctional253
association throughout the contract term or, if the contractor254
applied pursuant to division (A)(3)(b) of this section, continue255
complying with the applicable criteria and specifications adopted256
by the department of rehabilitation and correction pursuant to257
division (A)(2) of this section;258

       (2) A requirement that all of the following conditions be259
met:260

       (a) The contractor begins the process of accrediting the261
facility with the American correctional association no later than262
sixty days after the facility receives its first inmate.263

       (b) The contractor receives accreditation of the facility264
within twelve months after the date the contractor applies to the265
American correctional association for accreditation.266

       (c) Once the accreditation is received, the contractor267
maintains it for the duration of the contract term.268

       (d) If the contractor does not comply with divisions269
(B)(2)(a) to (c) of this section, the contractor is in violation270
of the contract, and the public entity may revoke the contract at271
its discretion.272

       (3) A requirement that the contractor comply with all rules273
promulgated by the department of rehabilitation and correction274
that apply to the operation and management of correctional275
facilities, including the minimum standards for jails in Ohio and276
policies regarding the use of force and the use of deadly force,277
although the public entity may require more stringent standards,278
and comply with any applicable laws, rules, or regulations of the279
federal, state, and local governments, including, but not limited280
to, sanitation, food service, safety, and health regulations. The281
contractor shall be required to send copies of reports of282
inspections completed by the appropriate authorities regarding283
compliance with rules and regulations to the director of284
rehabilitation and correction or the director's designee and, if285
contracting with a local public entity, to the governing authority286
of that entity.287

       (4) A requirement that the contractor report for288
investigation all crimes in connection with the facility to the289
public entity, to all local law enforcement agencies with290
jurisdiction over the place at which the facility is located, and,291
for a crime committed at a state correctional institution, to the292
state highway patrol;293

       (5) A requirement that the contractor immediately report all294
escapes from the facility, and the apprehension of all escapees,295
by telephone and in writing to all local law enforcement agencies296
with jurisdiction over the place at which the facility is located,297
to the prosecuting attorney of the county in which the facility is298
located, to the state highway patrol, to a daily newspaper having299
general circulation in the county in which the facility is300
located, and, if the institution facility is a state correctional301
institution, to the department of rehabilitation and correction.302
The written notice may be by either facsimile transmission or303
mail. A failure to comply with this requirement regarding an304
escape is a violation of section 2921.22 of the Revised Code.305

       (6) A requirement that, if the facility is a state306
correctional institution, the contractor provide a written report307
within specified time limits to the director of rehabilitation and308
correction or the director's designee of all unusual incidents at309
the facility as defined in rules promulgated by the department of310
rehabilitation and correction or, if the facility is a local311
correctional institution, that the contractor provide a written312
report of all unusual incidents at the facility to the governing313
authority of the local public entity;314

       (7) A requirement that the contractor maintain proper315
control of inmates' personal funds pursuant to rules promulgated316
by the department of rehabilitation and correction, for state317
correctional institutions, or pursuant to the minimum standards318
for jails along with any additional standards established by the319
local public entity, for local correctional institutions, and that320
records pertaining to these funds be made available to321
representatives of the public entity for review or audit;322

       (8) A requirement that the contractor prepare and distribute323
to the director of rehabilitation and correction or, if324
contracting with a local public entity, to the governing authority325
of the local entity, annual budget income and expenditure326
statements and funding source financial reports;327

       (9) A requirement that the public entity appoint and328
supervise a full-time contract monitor, that the contractor329
provide suitable office space for the contract monitor at the330
facility, and that the contractor allow the contract monitor331
unrestricted access to all parts of the facility and all records332
of the facility except the contractor's financial records;333

       (10) A requirement that if the facility is a state334
correctional institution, designated department of rehabilitation335
and correction staff members be allowed access to the facility in336
accordance with rules promulgated by the department;337

       (11) A requirement that the contractor provide internal and338
perimeter security as agreed upon in the contract;339

       (12) If the facility is a state correctional institution, a340
requirement that the contractor impose discipline on inmates341
housed in a state correctional institution, only in accordance342
with rules promulgated by the department of rehabilitation and343
correction;344

       (13) A requirement that the facility be staffed at all times345
with a staffing pattern approved by the public entity and adequate346
both to ensure supervision of inmates and maintenance of security347
within the facility, and to provide for programs, transportation,348
security, and other operational needs. In determining security349
needs, the contractor shall be required to consider, among other350
things, the proximity of the facility to neighborhoods and351
schools.352

       (14) If the contract is with a local public entity, a353
requirement that the contractor provide services and programs,354
consistent with the minimum standards for jails promulgated by the355
department of rehabilitation and correction under section 5120.10356
of the Revised Code;357

       (15) A clear statement that no immunity from liability358
granted to the state, and no immunity from liability granted to359
political subdivisions under Chapter 2744. of the Revised Code,360
shall extend to the contractor or any of the contractor's361
employees;362

       (16) A statement that all documents and records relevant to363
the facility shall be maintained in the same manner required for,364
and subject to the same laws, rules, and regulations as apply to,365
the records of the public entity;366

       (17) Authorization for the public entity to impose a fine on367
the contractor from a schedule of fines included in the contract368
for the contractor's failure to perform its contractual duties, or369
to cancel the contract, as the public entity considers370
appropriate. If a fine is imposed, the public entity may reduce371
the payment owed to the contractor pursuant to any invoice in the372
amount of the imposed fine.373

       (18) A statement that all services provided or goods374
produced at the facility shall be subject to the same regulations,375
and the same distribution limitations, as apply to goods and376
services produced at other correctional institutions;377

       (19) Authorization for the department to establish one or378
more prison industries at a facility operated and managed by a379
contractor for the department;380

       (20) A requirement that, if the facility is an intensive381
program prison established pursuant to section 5120.033 of the382
Revised Code, the facility shall comply with all criteria for383
intensive program prisons of that type that are set forth in that384
section;385

       (21) If the institution is a state correctional institution,386
a requirement that the contractor provide clothing for all inmates387
housed in the facility that is conspicuous in its color, style, or388
color and style, that conspicuously identifies its wearer as an389
inmate, and that is readily distinguishable from clothing of a390
nature that normally is worn outside the facility by non-inmates,391
that the contractor require all inmates housed in the facility to392
wear the clothing so provided, and that the contractor not permit393
any inmate, while inside or on the premises of the facility or394
while being transported to or from the facility, to wear any395
clothing of a nature that does not conspicuously identify its396
wearer as an inmate and that normally is worn outside the facility397
by non-inmates.398

       (C) No contract entered into under this section may require,399
authorize, or imply a delegation of the authority or400
responsibility of the public entity to a contractor for any of the401
following:402

       (1) Developing or implementing procedures for calculating403
inmate release and parole eligibility dates and recommending the404
granting or denying of parole, although the contractor may submit405
written reports that have been prepared in the ordinary course of406
business;407

       (2) Developing or implementing procedures for calculating408
and awarding earned credits, approving the type of work inmates409
may perform and the wage or earned credits, if any, that may be410
awarded to inmates engaging in such that work, and granting,411
denying, or revoking earned credits;412

       (3) For inmates serving a term imposed for a felony offense413
committed prior to July 1, 1996, or for a misdemeanor offense,414
developing or implementing procedures for calculating and awarding415
good time, approving the good time, if any, that may be awarded to416
inmates engaging in work, and granting, denying, or revoking good417
time;418

       (4) For inmates serving a term imposed for a felony offense419
committed on or after July 1, 1996, extending an inmate's term420
pursuant to the provisions of law governing bad time;421

       (5) Classifying an inmate or placing an inmate in a more or422
a less restrictive custody than the custody ordered by the public423
entity;424

       (6) Approving inmates for work release;425

       (7) Contracting for local or long distance telephone426
services for inmates or receiving commissions from such those427
services at a facility that is owned by or operated under a428
contract with the department.429

       (D) A contractor that has been approved to operate a430
facility under this section, and a person or entity that enters431
into a contract for specialized services, as described in division432
(I) of this section, relative to an intensive program prison433
established pursuant to section 5120.033 of the Revised Code to be434
operated by a contractor that has been approved to operate the435
prison under this section, shall provide an adequate policy of436
insurance specifically including, but not limited to, insurance437
for civil rights claims as determined by a risk management or438
actuarial firm with demonstrated experience in public liability439
for state governments. The insurance policy shall provide that440
the state, including all state agencies, and all political441
subdivisions of the state with jurisdiction over the facility or442
in which a facility is located are named as insured, and that the443
state and its political subdivisions shall be sent any notice of444
cancellation. The contractor may not self-insure.445

       A contractor that has been approved to operate a facility446
under this section, and a person or entity that enters into a447
contract for specialized services, as described in division (I) of448
this section, relative to an intensive program prison established449
pursuant to section 5120.033 of the Revised Code to be operated by450
a contractor that has been approved to operate the prison under451
this section, shall indemnify and hold harmless the state, its452
officers, agents, and employees, and any local government entity453
in the state having jurisdiction over the facility or ownership of454
the facility, shall reimburse the state for its costs in defending455
the state or any of its officers, agents, or employees, and shall456
reimburse any local government entity of that nature for its costs457
in defending the local government entity, from all of the458
following:459

       (1) Any claims or losses for services rendered by the460
contractor, person, or entity performing or supplying services in461
connection with the performance of the contract;462

       (2) Any failure of the contractor, person, or entity or its463
officers or employees to adhere to the laws, rules, regulations,464
or terms agreed to in the contract;465

       (3) Any constitutional, federal, state, or civil rights466
claim brought against the state related to the facility operated467
and managed by the contractor;468

       (4) Any claims, losses, demands, or causes of action arising469
out of the contractor's, person's, or entity's activities in this470
state;471

       (5) Any attorney's fees or court costs arising from any472
habeas corpus actions or other inmate suits that may arise from473
any event that occurred at the facility or was a result of such an474
event, or arise over the conditions, management, or operation of475
the facility, which fees and costs shall include, but not be476
limited to, attorney's fees for the state's representation and for477
any court-appointed representation of any inmate, and the costs of478
any special judge who may be appointed to hear such those actions479
or suits.480

       (E) Private correctional officers of a contractor operating481
and managing a facility pursuant to a contract entered into under482
this section may carry and use firearms in the course of their483
employment only after being certified as satisfactorily completing484
an approved training program as described in division (A) of485
section 109.78 of the Revised Code.486

       (F) Upon notification by the contractor of an escape from,487
or of a disturbance at, the facility that is the subject of a488
contract entered into under this section, the department of489
rehabilitation and correction and state and local law enforcement490
agencies shall use all reasonable means to recapture escapees or491
quell any disturbance. Any cost incurred by the state or its492
political subdivisions relating to the apprehension of an escapee493
or the quelling of a disturbance at the facility shall be494
chargeable to and borne by the contractor. The contractor shall495
also reimburse the state or its political subdivisions for all496
reasonable costs incurred relating to the temporary detention of497
the escapee following recapture.498

       (G) Any offense that would be a crime if committed at a499
state correctional institution or jail, workhouse, prison, or500
other correctional facility shall be a crime if committed by or501
with regard to inmates at facilities operated pursuant to a502
contract entered into under this section.503

       (H) A contractor operating and managing a facility pursuant504
to a contract entered into under this section shall pay any inmate505
workers at the facility at the rate approved by the public entity.506
Inmates working at the facility shall not be considered employees507
of the contractor.508

       (I) In contracting for the private operation and management509
pursuant to division (A) of this section of the initial intensive510
program prison established pursuant to section 5120.033 of the511
Revised Code or of any other intensive program prison established512
pursuant to that section, the department of rehabilitation and513
correction may enter into a contract with a contractor for the514
general operation and management of the prison and may enter into515
one or more separate contracts with other persons or entities for516
the provision of specialized services for persons confined in the517
prison, including, but not limited to, security or training518
services or medical, counseling, educational, or similar treatment519
programs. If, pursuant to this division, the department enters520
into a contract with a contractor for the general operation and521
management of the prison and also enters into one or more522
specialized service contracts with other persons or entities, all523
of the following apply:524

       (1) The contract for the general operation and management525
shall comply with all requirements and criteria set forth in this526
section, and all provisions of this section apply in relation to527
the prison operated and managed pursuant to the contract.528

       (2) Divisions (A)(2), (B), and (C) of this section do not529
apply in relation to any specialized services contract, except to530
the extent that the provisions of those divisions clearly are531
relevant to the specialized services to be provided under the532
specialized services contract. Division (D) of this section533
applies in relation to each specialized services contract.534

       (J) As used in this section:535

       (1) "Public entity" means the department of rehabilitation536
and correction, or a county or municipal corporation or a537
combination of counties and municipal corporations, that has538
jurisdiction over a facility that is the subject of a contract539
entered into under this section.540

       (2) "Local public entity" means a county or municipal541
corporation, or a combination of counties and municipal542
corporations, that has jurisdiction over a jail, workhouse, or543
other correctional facility used only for misdemeanants that is544
the subject of a contract entered into under this section.545

       (3) "Governing authority of a local public entity" means, for546
a county, the board of county commissioners; for a municipal547
corporation, the legislative authority; for a combination of548
counties and municipal corporation, all the boards of county549
commissioners and municipal legislative authorities that joined to550
create the facility.551

       (4) "Contractor" means a person who or entity that enters552
into a contract under this section to operate and manage a jail,553
workhouse, or other correctional facility.554

       (5) "Facility" means the specific county, multicounty,555
municipal, municipal-county, or multicounty-municipal jail,556
workhouse, prison, or other type of correctional institution or557
facility used only for misdemeanants, or a state correctional558
institution, that is the subject of a contract entered into under559
this section.560

       (6) "Person or entity" in the case of a contract for the561
private operation and management of a state correctional562
institution, includes an employee organization, as defined in563
section 4117.01 of the Revised Code, that represents employees at564
state correctional institutions.565

       Sec. 9.821.  (A) The department of administrative services566
shall direct and manage for state agencies all risk management and567
insurance programs authorized under section 9.822 of the Revised568
Code.569

       (B) The office of risk management is hereby established570
within the department of administrative services. The director of571
administrative services, or a deputy director appointed by the572
director, shall control and supervise the office.573

       (C) The office may take any of the following actions that it574
determines to be in the best interests of the state:575

       (1) Provide all insurance coverages for the state,576
including, but not limited to, automobile liability, casualty,577
property, public liability, and, except as provided in division578
(C)(6) of this section, fidelity bond insurance;. The cost of579
insurance coverage shall be paid from appropriations made to the580
state agencies that the office has designated to receive the581
coverage.582

       (2) Provide coverage of legal expenses that are necessary583
and related to the legal defense of claims against the state;584

       (3) Purchase insurance policies consistent with sections585
125.01 to 125.111 of the Revised Code, develop and administer586
self-insurance programs, or do both;587

       (4) Consolidate and combine state insurance coverages;588

       (5) Provide technical services in risk management and589
insurance to state agencies;590

       (6)(a) Establish and administer a self-insured fidelity bond591
program for a particular class or subclass of state officer,592
employee, or agent, if, prior to the establishment and593
administration of this program, the director does both of the594
following:595

       (i) Holds a hearing in accordance with Chapter 119. of the596
Revised Code to determine whether fidelity bond insurance for that597
particular class or subclass of state officer, employee, or agent598
is available in the voluntary market;599

       (ii) If, as a result of that hearing, the director600
determines that fidelity bond insurance for a particular class or601
subclass of state officer, employee, or agent is unavailable in602
the voluntary market and that the absence of this insurance603
threatens the operation of state government and will be604
detrimental to the general welfare of the citizens of this state,605
adopts rules in accordance with Chapter 119. of the Revised Code606
to establish standards and procedures governing the establishment,607
administration, and termination of the fidelity bond program for608
that particular class or subclass of state officer, employee, or609
agent.610

       (b) Division (C)(6)(a) of this section does not apply to any611
self-insured blanket fidelity bond program that, on the effective612
date of this section September 20, 1993, has been established613
pursuant to section 9.831 or 9.832 of the Revised Code.614

       (7) Except as provided in division (C)(6) of this section,615
adopt and publish, in accordance with section 111.15 of the616
Revised Code, necessary rules and procedures governing the617
administration of the state's insurance and risk management618
activities.619

       (D) No state agency, except a state agency exempted under620
section 125.02 or 125.04 of the Revised Code from the department's621
purchasing authority, shall purchase any insurance described in622
this section except as authorized by the department and in623
accordance with terms, conditions, and procurement methods624
established by the department.625

       (E) With respect to any civil action, demand, or claim626
against the state that could be filed in the court of claims,627
nothing in sections 9.82 to 9.823 of the Revised Code shall be628
interpreted to permit the settlement or compromise of those civil629
actions, demands, or claims, except in the manner provided in630
Chapter 2743. of the Revised Code.631

       Sec. 9.822.  (A) The department of administrative services632
through the office of risk management shall establish an insurance633
plan or plans, which that may provide for self-insurance or the634
purchase of insurance, or both, for any of the following purposes:635

       (1) Insuring state real and personal property against losses636
occasioned by fire, windstorm, or other accidents and perils;637

       (2) Insuring the state and its officers and employees638
against liability resulting from any civil action, demand, or639
claim against the state or its officers and employees arising out640
of any act or omission of an officer or employee in the641
performance of his official duties, except acts and omissions for642
which indemnification is prohibited under section 9.87 of the643
Revised Code;644

       (3) Insuring the state through the fidelity bonding of state645
officers, employees, and agents who are required by law to provide646
a fidelity bond.647

       (B)(1) Prior to the establishment of any self-insured648
fidelity bond program for a particular class or subclass of state649
officer, employee, or agent authorized pursuant to division (A)(3)650
of this section, the director of administrative services shall651
follow the procedures for holding a hearing and adopting rules set652
forth in division (C)(6)(a) of section 9.821 of the Revised Code.653

       (2) Division (B)(1) of this section does not apply to any654
self-insured blanket fidelity bond program that, on the effective655
date of this section September 20, 1993, has been established656
pursuant to section 9.831 or 9.832 of the Revised Code.657

       (3) The director shall prepare annually a written report658
detailing any self-insured fidelity bond program established659
pursuant to division (A)(3) of this section. The report shall660
include, but is not limited to, information relating to premiums661
collected, income from recovery, loss experience, and662
administrative costs of the program. A copy of the report,663
together with a copy of those portions of the most recent reports664
submitted under division (D) of section 9.823 of the Revised Code665
and pertaining that pertain to any such self-insured fidelity bond666
program, shall be submitted to the speaker of the house of667
representatives and the president of the senate by the first last668
day of September March of each year.669

       Sec. 102.02.  (A) Except as otherwise provided in division670
(H) of this section, every person who is elected to or is a671
candidate for a state, county, or city office, or the office of672
member of the United States congress, and every person who is673
appointed to fill a vacancy for an unexpired term in such an674
elective office; all members of the state board of education; the675
director, assistant directors, deputy directors, division chiefs,676
or persons of equivalent rank of any administrative department of677
the state; the president or other chief administrative officer of678
every state institution of higher education as defined in section679
3345.011 of the Revised Code; the chief executive officer of each680
state retirement system; all members of the board of commissioners681
on grievances and discipline of the supreme court and the ethics682
commission created under section 102.05 of the Revised Code; every683
business manager, treasurer, or superintendent of a city, local,684
exempted village, joint vocational, or cooperative education685
school district or an educational service center; every person who686
is elected to or is a candidate for the office of member of a687
board of education of a city, local, exempted village, joint688
vocational, or cooperative education school district or of a689
governing board of an educational service center that has a total690
student count of twelve thousand or more as most recently691
determined by the department of education pursuant to section692
3317.03 of the Revised Code; every person who is appointed to the693
board of education of a municipal school district pursuant to694
division (B) or (F) of section 3311.71 of the Revised Code; all695
members of the board of directors of a sanitary district696
established under Chapter 6115. of the Revised Code and organized697
wholly for the purpose of providing a water supply for domestic,698
municipal, and public use that includes two municipal corporations699
in two counties; every public official or employee who is paid a700
salary or wage in accordance with schedule C of section 124.15 or701
schedule E-2 of section 124.152 of the Revised Code; members of702
the board of trustees and the executive director of the tobacco703
use prevention and control foundation; members of the board of704
trustees and the executive director of the southern Ohio705
agricultural and community development foundation; members and the706
executive director of the biomedical research and technology707
transfer commission; and every other public official or employee708
who is designated by the appropriate ethics commission pursuant to709
division (B) of this section shall file with the appropriate710
ethics commission on a form prescribed by the commission, a711
statement disclosing all of the following:712

       (1) The name of the person filing the statement and each713
member of the person's immediate family and all names under which714
the person or members of the person's immediate family do715
business;716

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this717
section and except as otherwise provided in section 102.022 of the718
Revised Code, identification of every source of income, other than719
income from a legislative agent identified in division (A)(2)(b)720
of this section, received during the preceding calendar year, in721
the person's own name or by any other person for the person's use722
or benefit, by the person filing the statement, and a brief723
description of the nature of the services for which the income was724
received. If the person filing the statement is a member of the725
general assembly, the statement shall identify the amount of every726
source of income received in accordance with the following ranges727
of amounts: zero or more, but less than one thousand dollars; one728
thousand dollars or more, but less than ten thousand dollars; ten729
thousand dollars or more, but less than twenty-five thousand730
dollars; twenty-five thousand dollars or more, but less than fifty731
thousand dollars; fifty thousand dollars or more, but less than732
one hundred thousand dollars; and one hundred thousand dollars or733
more. Division (A)(2)(a) of this section shall not be construed734
to require a person filing the statement who derives income from a735
business or profession to disclose the individual items of income736
that constitute the gross income of that business or profession,737
except for those individual items of income that are attributable738
to the person's or, if the income is shared with the person, the739
partner's, solicitation of services or goods or performance,740
arrangement, or facilitation of services or provision of goods on741
behalf of the business or profession of clients, including742
corporate clients, who are legislative agents as defined in743
section 101.70 of the Revised Code. A person who files the744
statement under this section shall disclose the identity of and745
the amount of income received from a person who the public746
official or employee knows or has reason to know is doing or747
seeking to do business of any kind with the public official's or748
employee's agency.749

       (b) If the person filing the statement is a member of the750
general assembly, the statement shall identify every source of751
income and the amount of that income that was received from a752
legislative agent, as defined in section 101.70 of the Revised753
Code, during the preceding calendar year, in the person's own name754
or by any other person for the person's use or benefit, by the755
person filing the statement, and a brief description of the nature756
of the services for which the income was received. Division757
(A)(2)(b) of this section requires the disclosure of clients of758
attorneys or persons licensed under section 4732.12 of the Revised759
Code, or patients of persons certified under section 4731.14 of760
the Revised Code, if those clients or patients are legislative761
agents. Division (A)(2)(b) of this section requires a person762
filing the statement who derives income from a business or763
profession to disclose those individual items of income that764
constitute the gross income of that business or profession that765
are received from legislative agents.766

       (c) Except as otherwise provided in division (A)(2)(c) of767
this section, division (A)(2)(a) of this section applies to768
attorneys, physicians, and other persons who engage in the769
practice of a profession and who, pursuant to a section of the770
Revised Code, the common law of this state, a code of ethics771
applicable to the profession, or otherwise, generally are required772
not to reveal, disclose, or use confidences of clients, patients,773
or other recipients of professional services except under774
specified circumstances or generally are required to maintain775
those types of confidences as privileged communications except776
under specified circumstances. Division (A)(2)(a) of this section777
does not require an attorney, physician, or other professional778
subject to a confidentiality requirement as described in division779
(A)(2)(c) of this section to disclose the name, other identity, or780
address of a client, patient, or other recipient of professional781
services if the disclosure would threaten the client, patient, or782
other recipient of professional services, would reveal details of783
the subject matter for which legal, medical, or professional784
advice or other services were sought, or would reveal an otherwise785
privileged communication involving the client, patient, or other786
recipient of professional services. Division (A)(2)(a) of this787
section does not require an attorney, physician, or other788
professional subject to a confidentiality requirement as described789
in division (A)(2)(c) of this section to disclose in the brief790
description of the nature of services required by division791
(A)(2)(a) of this section any information pertaining to specific792
professional services rendered for a client, patient, or other793
recipient of professional services that would reveal details of794
the subject matter for which legal, medical, or professional795
advice was sought or would reveal an otherwise privileged796
communication involving the client, patient, or other recipient of797
professional services.798

       (3) The name of every corporation on file with the secretary799
of state that is incorporated in this state or holds a certificate800
of compliance authorizing it to do business in this state, trust,801
business trust, partnership, or association that transacts802
business in this state in which the person filing the statement or803
any other person for the person's use and benefit had during the804
preceding calendar year an investment of over one thousand dollars805
at fair market value as of the thirty-first day of December of the806
preceding calendar year, or the date of disposition, whichever is807
earlier, or in which the person holds any office or has a808
fiduciary relationship, and a description of the nature of the809
investment, office, or relationship. Division (A)(3) of this810
section does not require disclosure of the name of any bank,811
savings and loan association, credit union, or building and loan812
association with which the person filing the statement has a813
deposit or a withdrawable share account.814

       (4) All fee simple and leasehold interests to which the815
person filing the statement holds legal title to or a beneficial816
interest in real property located within the state, excluding the817
person's residence and property used primarily for personal818
recreation;819

       (5) The names of all persons residing or transacting820
business in the state to whom the person filing the statement821
owes, in the person's own name or in the name of any other person,822
more than one thousand dollars. Division (A)(5) of this section823
shall not be construed to require the disclosure of debts owed by824
the person resulting from the ordinary conduct of a business or825
profession or debts on the person's residence or real property826
used primarily for personal recreation, except that the827
superintendent of financial institutions shall disclose the names828
of all state-chartered savings and loan associations and of all829
service corporations subject to regulation under division (E)(2)830
of section 1151.34 of the Revised Code to whom the superintendent831
in the superintendent's own name or in the name of any other832
person owes any money, and that the superintendent and any deputy833
superintendent of banks shall disclose the names of all834
state-chartered banks and all bank subsidiary corporations subject835
to regulation under section 1109.44 of the Revised Code to whom836
the superintendent or deputy superintendent owes any money.837

       (6) The names of all persons residing or transacting838
business in the state, other than a depository excluded under839
division (A)(3) of this section, who owe more than one thousand840
dollars to the person filing the statement, either in the person's841
own name or to any person for the person's use or benefit.842
Division (A)(6) of this section shall not be construed to require843
the disclosure of clients of attorneys or persons licensed under844
section 4732.12 or 4732.15 of the Revised Code, or patients of845
persons certified under section 4731.14 of the Revised Code, nor846
the disclosure of debts owed to the person resulting from the847
ordinary conduct of a business or profession.848

       (7) Except as otherwise provided in section 102.022 of the849
Revised Code, the source of each gift of over seventy-five850
dollars, or of each gift of over twenty-five dollars received by a851
member of the general assembly from a legislative agent, received852
by the person in the person's own name or by any other person for853
the person's use or benefit during the preceding calendar year,854
except gifts received by will or by virtue of section 2105.06 of855
the Revised Code, or received from spouses, parents, grandparents,856
children, grandchildren, siblings, nephews, nieces, uncles, aunts,857
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,858
fathers-in-law, mothers-in-law, or any person to whom the person859
filing the statement stands in loco parentis, or received by way860
of distribution from any inter vivos or testamentary trust861
established by a spouse or by an ancestor;862

       (8) Except as otherwise provided in section 102.022 of the863
Revised Code, identification of the source and amount of every864
payment of expenses incurred for travel to destinations inside or865
outside this state that is received by the person in the person's866
own name or by any other person for the person's use or benefit867
and that is incurred in connection with the person's official868
duties, except for expenses for travel to meetings or conventions869
of a national or state organization to which either house of the870
general assembly, any legislative agency, a state institution of871
higher education as defined in section 3345.031 of the Revised872
Code, any other state agency, or any political subdivision or any873
office or agency of a political subdivision pays membership dues;874

       (9) Except as otherwise provided in section 102.022 of the875
Revised Code, identification of the source of payment of expenses876
for meals and other food and beverages, other than for meals and877
other food and beverages provided at a meeting at which the person878
participated in a panel, seminar, or speaking engagement or at a879
meeting or convention of a national or state organization to which880
either house of the general assembly, any legislative agency, a881
state institution of higher education as defined in section882
3345.031 of the Revised Code, any other state agency, or any883
political subdivision or any office or agency of a political884
subdivision pays membership dues, that are incurred in connection885
with the person's official duties and that exceed one hundred886
dollars aggregated per calendar year;887

       (10) If the financial disclosure statement is filed by a888
public official or employee described in division (B)(2) of889
section 101.73 of the Revised Code or division (B)(2) of section890
121.63 of the Revised Code who receives a statement from a891
legislative agent, executive agency lobbyist, or employer that892
contains the information described in division (F)(2) of section893
101.73 of the Revised Code or division (G)(2) of section 121.63 of894
the Revised Code, all of the nondisputed information contained in895
the statement delivered to that public official or employee by the896
legislative agent, executive agency lobbyist, or employer under897
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of898
the Revised Code. As used in division (A)(10) of this section,899
"legislative agent," "executive agency lobbyist," and "employer"900
have the same meanings as in sections 101.70 and 121.60 of the901
Revised Code.902

       A person may file a statement required by this section in903
person or by mail. A person who is a candidate for elective904
office shall file the statement no later than the thirtieth day905
before the primary, special, or general election at which the906
candidacy is to be voted on, whichever election occurs soonest,907
except that a person who is a write-in candidate shall file the908
statement no later than the twentieth day before the earliest909
election at which the person's candidacy is to be voted on. A910
person who holds elective office shall file the statement on or911
before the fifteenth day of April of each year unless the person912
is a candidate for office. A person who is appointed to fill a913
vacancy for an unexpired term in an elective office shall file the914
statement within fifteen days after the person qualifies for915
office. Other persons shall file an annual statement on or before916
the fifteenth day of April or, if appointed or employed after that917
date, within ninety days after appointment or employment. No918
person shall be required to file with the appropriate ethics919
commission more than one statement or pay more than one filing fee920
for any one calendar year.921

       The appropriate ethics commission, for good cause, may extend922
for a reasonable time the deadline for filing a disclosure923
statement under this section.924

       A statement filed under this section is subject to public925
inspection at locations designated by the appropriate ethics926
commission except as otherwise provided in this section.927

       (B) The Ohio ethics commission, the joint legislative ethics928
committee, and the board of commissioners on grievances and929
discipline of the supreme court, using the rule-making procedures930
of Chapter 119. of the Revised Code, may require any class of931
public officials or employees under its jurisdiction and not932
specifically excluded by this section whose positions involve a933
substantial and material exercise of administrative discretion in934
the formulation of public policy, expenditure of public funds,935
enforcement of laws and rules of the state or a county or city, or936
the execution of other public trusts, to file an annual statement937
on or before the fifteenth day of April under division (A) of this938
section. The appropriate ethics commission shall send the public939
officials or employees written notice of the requirement by the940
fifteenth day of February of each year the filing is required941
unless the public official or employee is appointed after that942
date, in which case the notice shall be sent within thirty days943
after appointment, and the filing shall be made not later than944
ninety days after appointment.945

       Except for disclosure statements filed by members of the946
board of trustees and the executive director of the tobacco use947
prevention and control foundation, members of the board of948
trustees and the executive director of the southern Ohio949
agricultural and community development foundation, and members and950
the executive director of the biomedical research and technology951
transfer commission, disclosure statements filed under this952
division with the Ohio ethics commission by members of boards,953
commissions, or bureaus of the state for which no compensation is954
received other than reasonable and necessary expenses shall be955
kept confidential. Disclosure statements filed with the Ohio956
ethics commission under division (A) of this section by business957
managers, treasurers, and superintendents of city, local, exempted958
village, joint vocational, or cooperative education school959
districts or educational service centers shall be kept960
confidential, except that any person conducting an audit of any961
such school district or educational service center pursuant to962
section 115.56 or Chapter 117. of the Revised Code may examine the963
disclosure statement of any business manager, treasurer, or964
superintendent of that school district or educational service965
center. The Ohio ethics commission shall examine each disclosure966
statement required to be kept confidential to determine whether a967
potential conflict of interest exists for the person who filed the968
disclosure statement. A potential conflict of interest exists if969
the private interests of the person, as indicated by the person's970
disclosure statement, might interfere with the public interests971
the person is required to serve in the exercise of the person's972
authority and duties in the person's office or position of973
employment. If the commission determines that a potential974
conflict of interest exists, it shall notify the person who filed975
the disclosure statement and shall make the portions of the976
disclosure statement that indicate a potential conflict of977
interest subject to public inspection in the same manner as is978
provided for other disclosure statements. Any portion of the979
disclosure statement that the commission determines does not980
indicate a potential conflict of interest shall be kept981
confidential by the commission and shall not be made subject to982
public inspection, except as is necessary for the enforcement of983
Chapters 102. and 2921. of the Revised Code and except as984
otherwise provided in this division.985

       (C) No person shall knowingly fail to file, on or before the986
applicable filing deadline established under this section, a987
statement that is required by this section.988

       (D) No person shall knowingly file a false statement that is989
required to be filed under this section.990

       (E)(1) Except as provided in divisions (E)(2) and (3) of991
this section, on and after March 2, 1994, the statement required992
by division (A) or (B) of this section shall be accompanied by a993
filing fee of twenty-five dollars.994

       (2) The statement required by division (A) of this section995
shall be accompanied by a filing fee to be paid by the person who996
is elected or appointed to, or is a candidate for, any of the997
following offices:998

For state office, except member of 999
state board of education$50 1000
For office of member of United States 1001
congress or member of general assembly$25 1002
For county office$25 1003
 451004
For city office$10 1005
 201006
For office of member of state board 1007
of education$10 1008
 201009
For office of member of city, local, 1010
exempted village, or cooperative 1011
education board of 1012
education or educational service 1013
center governing board$ 5 1014
For position of business manager, 1015
treasurer, or superintendent of 1016
city, local, exempted village, joint 1017
vocational, or cooperative education 1018
school district or 1019
educational service center$ 5 1020
For office of member of the board of1021
trustees of a state college or university$501022

       (3) No judge of a court of record or candidate for judge of1023
such a court of record, and no referee or magistrate serving a1024
court of record, shall be required to pay the fee required under1025
division (E)(1) or (2) or (F) of this section.1026

       (4) For any public official who is appointed to a1027
nonelective office of the state and for any employee who holds a1028
nonelective position in a public agency of the state, the state1029
agency that is the primary employer of the state official or1030
employee shall pay the fee required under division (E)(1) or (F)1031
of this section.1032

       (F) If a statement required to be filed under this section1033
is not filed by the date on which it is required to be filed, the1034
appropriate ethics commission shall assess the person required to1035
file the statement a late filing fee equal to one-half of the1036
applicable filing fee for each day the statement is not filed,1037
except that the total amount of the late filing fee shall not1038
exceed one hundred dollars.1039

       (G)(1) The appropriate ethics commission other than the Ohio1040
ethics commission shall deposit all fees it receives under1041
divisions (E) and (F) of this section into the general revenue1042
fund of the state.1043

       (2) The Ohio ethics commission shall deposit all receipts,1044
including, but not limited to, fees it receives under divisions1045
(E) and (F) of this section and all moneys it receives from1046
settlements under division (G) of section 102.06 of the Revised1047
Code, into the Ohio ethics commission fund, which is hereby1048
created in the state treasury. All moneys credited to the fund1049
shall be used solely for expenses related to the operation and1050
statutory functions of the commission.1051

       (H) Division (A) of this section does not apply to a person1052
elected or appointed to the office of precinct, ward, or district1053
committee member under Chapter 3517. of the Revised Code; a1054
presidential elector; a delegate to a national convention; village1055
or township officials and employees; any physician or psychiatrist1056
who is paid a salary or wage in accordance with schedule C of1057
section 124.15 or schedule E-2 of section 124.152 of the Revised1058
Code and whose primary duties do not require the exercise of1059
administrative discretion; or any member of a board, commission,1060
or bureau of any county or city who receives less than one1061
thousand dollars per year for serving in that position.1062

       Sec. 103.143.  In addition to its duties under section 103.141063
of the Revised Code, the legislative budget office of the1064
legislative service commission shall, in accordance with this1065
section, review all bills assigned to a committee of the general1066
assembly, complete the appropriate local impact statements1067
required by this section, and compile and distribute these1068
statements as required by division (D) of this section.1069

       (A) Subject to division (F) of this section, whenever any1070
bill is introduced into either house of the general assembly and1071
receives second consideration pursuant to the rules of that house,1072
the bill shall be reviewed immediately by the legislative budget1073
officer. Upon completing this review, the legislative budget1074
officer shall determine whether the bill could result in a net1075
additional cost to school districts, counties, townships, or1076
municipal corporations from any new or expanded program or service1077
that school districts, counties, townships, or municipal1078
corporations would be required to perform or administer under the1079
bill. If the legislative budget officer determines that it could1080
result in such a cost, the legislative budget office service1081
commission shall prepare a local impact statement in the manner1082
specified in this section. Immediately upon determining the1083
potential for a net additional cost, the legislative budget1084
officer shall notify the sponsor of the bill, the chairperson of1085
the committee to which the bill has been assigned, and the1086
presiding officer and minority leader of the house in which the1087
bill originates of the legislative budget officer's determination1088
by signing and dating a statement to be delivered to them.1089

       If a local impact statement is required, the legislative1090
budget office service commission shall, as soon as possible but no1091
later than thirty days after the date the bill is scheduled for a1092
first hearing in a committee in the house in which the bill was1093
introduced or no later than thirty days after being requested to1094
do so by the chairperson of such a committee, prepare a statement1095
containing the most accurate estimate possible, in dollars, of the1096
net additional costs, if any, that will be required of school1097
districts, counties, townships, or municipal corporations to1098
perform or administer a new or expanded program or service1099
required under the bill. Copies of this statement shall be sent1100
to the governor, the speaker of the house of representatives, the1101
president of the senate, the sponsor of the bill, the minority1102
leader in both houses, and the chairperson of the committee to1103
which the bill has been assigned.1104

       No bill for which a local impact statement is required by1105
this section shall be voted out of committee until after the1106
committee members have received and considered the statement or,1107
if the bill was amended in committee, the revised statement,1108
unless the bill is voted out of committee by a two-thirds vote of1109
the membership of the committee.1110

       (B) In preparing a local impact statement, the legislative1111
budget office service commission may request any department,1112
division, institution, board, commission, authority, bureau, or1113
other instrumentality or officer of the state, a school district,1114
a county, a municipal corporation, or a township to provide any of1115
the following information:1116

       (1) An estimate, in dollars, of the amount by which the bill1117
would increase or decrease the revenues received or expenditures1118
made by the instrumentality, officer, or entity;1119

       (2) Any other information the legislative budget office1120
service commission considers necessary for it to understand or1121
explain the fiscal effect of the bill.1122

       An instrumentality, officer, or entity shall comply with a1123
request as soon as reasonably possible, but not later than fifteen1124
days, after receiving it. The legislative budget office service1125
commission shall specify the manner of compliance in its request,1126
and if necessary may specify a period of time longer than fifteen1127
days for compliance. The legislative budget office service1128
commission may consider any information provided under division1129
(B)(1) or (2) of this section in preparing a local impact1130
statement.1131

       (C) Any time a bill is amended, the legislative budget1132
office service commission shall, as soon as reasonably possible,1133
revise the local impact statement to reflect changes made by1134
amendment.1135

       (D) The legislative budget office service commission shall1136
annually compile the final local impact statements completed for1137
all laws passed by both houses of the general assembly in the1138
preceding year. It shall send a copy of this compilation as a1139
draft report to the state and local government commission and to1140
associations or nonprofit organizations formed for the improvement1141
of school districts or municipal, township, or county government1142
or for their elected officials by the last day of July of each1143
year. Upon receiving the draft report, the state and local1144
government commission shall solicit comments from these1145
associations and organizations may comment about the actual fiscal1146
impact of bills passed during the year covered by the report. The1147
commission shall review and comment on the draft report before1148
returning it to the legislative budget office, along with the and1149
forward those comments of the associations and organizations, to1150
the legislative service commission by the last day of August. The1151
legislative budget office service commission shall then prepare a1152
final report consisting of the compiled local impact statements1153
and all forwarded comments returned by the state and local1154
government commission. The final report shall be completed by the1155
last day of September and copies of the report shall be sent to1156
the governor, the speaker of the house of representatives, and the1157
president of the senate.1158

       (E) As used in this section, "net additional cost" means any1159
cost incurred or anticipated to be incurred by a school district,1160
county, township, or municipal corporation in performing or1161
administering a new or expanded program or service required by a1162
state law other than any of the following:1163

       (1) A cost arising from the exercise of authority granted by1164
a state law rather than from the performance of a duty or1165
obligation imposed by a state law;1166

       (2) New duties or obligations that create only a minimal1167
cost for affected school districts, counties, townships, or1168
municipal corporations. The legislative budget office service1169
commission shall determine what constitutes such a minimal cost.1170
Before making this determination, the legislative budget office1171
service commission shall notify the state organizations that1172
represent school districts, counties, townships, and municipal1173
corporations regarding the proposed determination and provide a1174
thirty-day period for these organizations and individual school1175
districts, counties, townships, and municipal corporations to1176
comment on it.1177

       (3) A cost arising from a law passed as a result of a1178
federal mandate.1179

       The amounts described in division (E)(2) of this section1180
include only the amounts remaining after subtracting from such1181
costs any revenues received or receivable by the school district,1182
county, township, or municipal corporation on account of the1183
program or service, including the following:1184

       (a) Fees charged to the recipients of the program or1185
service;1186

       (b) State or federal aid paid specifically or categorically1187
in connection with the program or service;1188

       (c) Any offsetting savings resulting from the diminution or1189
elimination of any other program or service directly attributable1190
to the performance or administration of the required program or1191
service.1192

       (F) This section does not apply to any of the following:1193

       (1) The main biennial operating appropriations bill;1194

       (2) The biennial operating appropriations bill for state1195
agencies supported by motor fuel tax revenue;1196

       (3) The biennial operating appropriations bill or bills for1197
the bureau of workers' compensation and the industrial commission;1198

       (4) Any other bill that makes the principal biennial1199
operating appropriations for one or more state agencies;1200

       (5) The bill that primarily contains corrections and1201
supplemental appropriations to the biennial operating1202
appropriations bills;1203

       (6) The main biennial capital appropriations bill;1204

       (7) The bill that primarily contains reappropriations from1205
previous capital appropriations bills.1206

       "       Sec. 103.33. This section shall be known as "The Community3
Organizations Access Procedure Act."4

       Any state agency that is eligible to receive federal funds5
under a federal grant program and that cannot or has decided that6
it will not participate fully in the program shall promptly report7
both of the following to the joint legislative committee on8
federal funds:9

       (A) That the agency cannot or has decided that it will not10
participate fully in the program, along with the reason;11

       (B) Whether there is some means allowable under federal law12
by which counties or not-for-profit organizations can receive the13
federal funds to participate in the program, as by being agents or14
grantees of the agency.15

       If there is a means whereby counties or not-for-profit16
organizations can so participate in the program, the agency shall17
post on a generally accessible internet website detailed18
information about the program and the means by which the counties19
or not-for-profit organizations can participate in the program.20
The information shall be posted within ample time for the counties21
or not-for-profit organizations to participate fully in the22
program. Any county interested in participating in the program23
shall apply to the agency on its own behalf. Any county that is24
willing to be the fiscal agent for a not-for-profit organization25
interested in participating and qualified to participate in the26
program, or that arranges with a responsible organization to be27
the fiscal agent for the program in the county, shall advertise or28
otherwise inform such organizations about the program and shall29
apply to the agency in conjunction with or on behalf of the30
not-for-profit organization. The agency shall accept applications31
from the counties on a first-come, first-served basis, shall apply32
to the federal government for the funds, and shall pay the federal33
funds to the counties when available.34

       As used in this section, "not-for-profit organizations" means35
organizations, including faith-based organizations, exempt from36
federal income taxation under section 501(c)(3) of the "Internal37
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as38
amended."39

       Sec. 105.41.  (A) There is hereby created the capitol square1207
review and advisory board, consisting of nine members as follows:1208

       (1) Two members of the senate, appointed by the president of1209
the senate, both of whom shall not be members of the same1210
political party;1211

       (2) Two members of the house of representatives, appointed1212
by the speaker of the house of representatives, both of whom shall1213
not be members of the same political party;1214

       (3) Five members appointed by the governor, with the advice1215
and consent of the senate, not more than three of whom shall be1216
members of the same political party, one of whom shall represent1217
the office of the state architect and engineer, one of whom shall1218
represent the Ohio arts council, one of whom shall represent the1219
Ohio historical society, one of whom shall represent the Ohio1220
building authority, and one of whom shall represent the public at1221
large.1222

       (B) Terms of office of each appointed member of the board1223
shall be for three years, except that members of the general1224
assembly appointed to the board shall be members of the board only1225
so long as they are members of the general assembly. Each member1226
shall hold office from the date of the member's appointment until1227
the end of the term for which the member was appointed. In case1228
of a vacancy occurring on the board, the president of the senate,1229
the speaker of the house of representatives, or the governor, as1230
the case may be, shall in the same manner prescribed for the1231
regular appointment to the commission, fill the vacancy by1232
appointing a member. Any member appointed to fill a vacancy1233
occurring prior to the expiration of the term for which the1234
member's predecessor was appointed shall hold office for the1235
remainder of the term. Any member shall continue in office1236
subsequent to the expiration date of the member's term until the1237
member's successor takes office, or until a period of sixty days1238
has elapsed, whichever occurs first.1239

       (C) The board shall hold meetings in a manner and at times1240
prescribed by the rules adopted by the board. A majority of the1241
board constitutes a quorum, and no action shall be taken by the1242
board unless approved by at least five voting members. At its1243
first meeting, the board shall adopt rules for the conduct of its1244
business and the election of its officers, and shall organize by1245
selecting a chairperson and other officers as it considers1246
necessary. Board members shall serve without compensation but1247
shall be reimbursed for actual and necessary expenses incurred in1248
the performance of their duties.1249

       (D) The board may do any of the following:1250

       (1) Employ or hire on a consulting basis professional,1251
technical, and clerical employees as are necessary for the1252
performance of its duties;1253

       (2) Hold public hearings at times and places as determined1254
by the board;1255

       (3) Adopt, amend, or rescind rules necessary to accomplish1256
the duties of the board as set forth in this section;1257

       (4) Sponsor, conduct, and support such social events as the1258
board may authorize and consider appropriate for the employees of1259
the board, employees and members of the general assembly,1260
employees of persons under contract with the board or otherwise1261
engaged to perform services on the premises of capitol square, or1262
other persons as the board may consider appropriate. Subject to1263
the requirements of Chapter 4303. of the Revised Code, the board1264
may provide beer, wine, and intoxicating liquor, with or without1265
charge, for such those events and may use funds only from the sale1266
of goods and services fund to purchase the beer, wine, and1267
intoxicating liquor the board provides.1268

       (E) The board shall do all of the following:1269

       (1) Have sole authority to coordinate and approve any1270
improvements, additions, and renovations that are made to the1271
capitol square. The improvements shall include, but not be1272
limited to, the placement of monuments and sculpture on the1273
capitol grounds.1274

       (2) Operate the capitol square, and have sole authority to1275
regulate all uses of the capitol square. The uses shall include,1276
but not be limited to, the casual and recreational use of the1277
capitol square.1278

       (3) Employ, fix the compensation of, and prescribe the1279
duties of the executive director of the board and such other1280
employees as the board considers necessary for the performance of1281
its powers and duties;1282

       (4) Establish and maintain the capitol collection trust. The1283
capitol collection trust shall consist of furniture, antiques, and1284
other items of personal property that the board shall store in1285
suitable facilities until they are ready to be placed in the1286
capitol square.1287

       (5) Perform such repair, construction, contracting,1288
purchasing, maintenance, supervisory, and operating activities as1289
the board determines are necessary for the operation and1290
maintenance of the capitol square;1291

       (6) Maintain and preserve the capitol square, in accordance1292
with guidelines issued by the United States secretary of the1293
interior for application of the secretary's standards for1294
rehabilitation adopted in 36 C.F.R. part 67.1295

       (F)(1) The capitol square review and advisory board shall1296
lease capital facilities improved or financed by the Ohio building1297
authority pursuant to Chapter 152. of the Revised Code for the use1298
of the board, and may enter into any other agreements with the1299
authority ancillary to improvement, financing, or leasing of such1300
those capital facilities, including, but not limited to, any1301
agreement required by the applicable bond proceedings authorized1302
by Chapter 152. of the Revised Code. Any lease of capital1303
facilities authorized by this section shall be governed by1304
division (D) of section 152.24 of the Revised Code.1305

       (2) Fees, receipts, and revenues received by the capitol1306
square review and advisory board from the state underground1307
parking garage constitute available receipts as defined in section1308
152.09 of the Revised Code, and may be pledged to the payment of1309
bond service charges on obligations issued by the Ohio building1310
authority pursuant to Chapter 152. of the Revised Code to improve1311
or finance capital facilities useful to the board. The authority1312
may, with the consent of the board, provide in the bond1313
proceedings for a pledge of all or such a portion of such those1314
fees, receipts, and revenues as the authority determines. The1315
authority may provide in the bond proceedings or by separate1316
agreement with the board for the transfer of such those fees,1317
receipts, and revenues to the appropriate bond service fund or1318
bond service reserve fund as required to pay the bond service1319
charges when due, and any such provision for the transfer of such1320
those fees, receipts, and revenues shall be controlling1321
notwithstanding any other provision of law pertaining to such1322
those fees, receipts, and revenues.1323

       (3) All moneys received by the treasurer of state on account1324
of the board and required by the applicable bond proceedings or by1325
separate agreement with the board to be deposited, transferred, or1326
credited to the bond service fund or bond service reserve fund1327
established by such the bond proceedings shall be transferred by1328
the treasurer of state to such fund, whether or not such fund it1329
is in the custody of the treasurer of state, without necessity for1330
further appropriation, upon receipt of notice from the Ohio1331
building authority as prescribed in the bond proceedings.1332

       (G) All fees, receipts, and revenues received by the capitol1333
square review and advisory board from the state underground1334
parking garage shall be deposited into the state treasury to the1335
credit of the underground parking garage operating fund, which is1336
hereby created, to be used for the purposes specified in division1337
(F) of this section and for the operation and maintenance of the1338
garage. All investment earnings of the fund shall be credited to1339
the fund.1340

       (H) All donations received by the capitol square review and1341
advisory board shall be deposited into the state treasury to the1342
credit of the capitol square renovation gift fund, which is hereby1343
created. The fund shall be used by the capitol square review and1344
advisory board as follows:1345

       (1) To provide part or all of the funding related to1346
construction, goods, or services for the renovation of the capitol1347
square;1348

       (2) To purchase art, antiques, and artifacts for display at1349
the capitol square;1350

       (3) To award contracts or make grants to organizations for1351
educating the public regarding the historical background and1352
governmental functions of the capitol square. Chapters 125.,1353
127., and 153. and section 3517.13 of the Revised Code do not1354
apply to purchases made exclusively from the fund, notwithstanding1355
anything to the contrary in those chapters or that section. All1356
investment earnings of the fund shall be credited to the fund.1357

       (I) Except as provided in divisions (G), (H), and (J) of1358
this section, all fees, receipts, and revenues received by the1359
capitol square review and advisory board shall be deposited into1360
the state treasury to the credit of the sale of goods and services1361
fund, which is hereby created. Money credited to the fund shall1362
be used solely to pay costs of the board other than those1363
specified in divisions (F) and (G) of this section. All1364
investment earnings of the fund shall be credited to the fund.1365

       (J) There is hereby created in the state treasury the1366
capitol square improvement government television and1367
telecommunications operating fund, to be used by the capitol1368
square review and advisory board to pay construction, renovation1369
for the operations, improvements, and educational projects of, and1370
any other costs related to, any television or telecommunications1371
studio the capitol square board authorizes to carry out its1372
functions under this section, for which money is not otherwise1373
available to the board. Whenever the board determines that there1374
is a need to incur such those costs and that the unencumbered,1375
unobligated balance to the credit of the underground parking1376
garage operating fund exceeds the amount needed for the purposes1377
specified in division (F) of this section and for the operation1378
and maintenance of the garage, the board may request the director1379
of budget and management to transfer from the underground parking1380
garage operating fund to the capitol square improvement government1381
television and telecommunications operating fund the amount needed1382
to pay such construction, renovation, or for the operations,1383
improvements, and educational projects of, and the other costs1384
related to, the studio. The director then shall thereupon1385
transfer the amount needed from the excess balance of the1386
underground parking garage operating fund.1387

       (K) As the operation and maintenance of the capitol square1388
constitute essential government functions of a public purpose, the1389
board shall not be required to pay taxes or assessments upon the1390
square, or upon any property acquired or used by the board under1391
this section, or upon any income generated by the operation of the1392
square.1393

       (L) As used in this section, "capitol square" means the1394
capitol building, senate building, capitol atrium, capitol1395
grounds, and the state underground parking garage.1396

       (M) The capitol annex shall be known as the senate building.1397

       Sec. 111.16.  The secretary of state shall charge and1398
collect, for the benefit of the state, the following fees:1399

       (A) For filing and recording articles of incorporation of a1400
domestic corporation, including designation of agent:1401

       (1) Wherein the corporation shall not be authorized to issue1402
any shares of capital stock, one hundred twenty-five dollars.;1403

       (2) Wherein the corporation shall be authorized to issue1404
shares of capital stock, with or without par value:1405

       (a) Ten cents for each share authorized up to and including1406
one thousand shares;1407

       (b) Five cents for each share authorized in excess of one1408
thousand shares up to and including ten thousand shares;1409

       (c) Two cents for each share authorized in excess of ten1410
thousand shares up to and including fifty thousand shares;1411

       (d) One cent for each share authorized in excess of fifty1412
thousand shares up to and including one hundred thousand shares;1413

       (e) One-half cent for each share authorized in excess of one1414
hundred thousand shares up to and including five hundred thousand1415
shares;1416

       (f) One-quarter cent for each share authorized in excess of1417
five hundred thousand shares; provided no fee shall be less than1418
eighty-five one hundred twenty-five dollars or greater than one1419
hundred thousand dollars.1420

       (B) For filing and recording a certificate of amendment to1421
or amended articles of incorporation of a domestic corporation, or1422
for filing and recording a certificate of reorganization, a1423
certificate of dissolution, or an amendment to a foreign license1424
application:1425

       (1) If the domestic corporation is not authorized to issue1426
any shares of capital stock, twenty-five fifty dollars;1427

       (2) If the domestic corporation is authorized to issue1428
shares of capital stock, thirty-five fifty dollars, and in case of1429
any increase in the number of shares authorized to be issued, a1430
further sum computed in accordance with the schedule set forth in1431
division (A)(2) of this section less a credit computed in the same1432
manner for the number of shares previously authorized to be issued1433
by the corporation; provided no fee under division (B)(2) of this1434
section shall be greater than one hundred thousand dollars;1435

       (3) If the foreign corporation is not authorized to issue1436
any shares of capital stock, fifty dollars;1437

       (4) If the foreign corporation is authorized to issue shares1438
of capital stock, fifty dollars.1439

       (C) For filing and recording articles of incorporation of a1440
savings and loan association, one hundred twenty-five dollars; and1441
for filing and recording a certificate of amendment to or amended1442
articles of incorporation that do not involve an increase in the1443
authorized capital stock of such corporation of a savings and loan1444
association, twenty-five fifty dollars; and for filing and1445
recording a certificate of amendment to or amended articles of1446
incorporation that do involve an increase in the authorized1447
capital stock of such corporation, thirty-five dollars;1448

       (D) For filing and recording a certificate of merger or1449
consolidation, fifty one hundred twenty-five dollars and, in the1450
case of any new corporation resulting from a consolidation or any1451
surviving corporation that has an increased number of shares1452
authorized to be issued resulting from a merger, an additional sum1453
computed in accordance with the schedule set forth in division1454
(A)(2) of this section less a credit computed in the same manner1455
for the number of shares previously authorized to be issued or1456
represented in this state by each of the corporations for which a1457
consolidation or merger is effected by the certificate;1458

       (E) For filing and recording articles of incorporation of a1459
credit union or the American credit union guaranty association,1460
thirty-five one hundred twenty-five dollars, and for filing and1461
recording a certificate of increase in capital stock or any other1462
amendment of the articles of incorporation of a credit union or1463
the association, twenty-five fifty dollars;1464

       (F) For filing and recording articles of organization of a1465
limited liability company or, for filing and recording an1466
application to become a registered foreign limited liability1467
company, for filing and recording a registration application to1468
become a domestic limited liability partnership, or for filing and1469
recording an application to become a registered foreign limited1470
liability partnership, eighty-five one hundred twenty-five1471
dollars;1472

       (G) For filing and recording a certificate of limited1473
partnership or an application for registration as a foreign1474
limited partnership the following apply:1475

       (1) If the certificate or application is for a limited1476
partnership or foreign limited partnership described in division1477
(A)(1) of section 1782.63 of the Revised Code, and the partnership1478
has complied with divisions (A)(1)(a) to (e) of that section, no1479
fee;1480

       (2) If the certificate or application is for a limited1481
partnership or foreign limited partnership other than a1482
partnership described in division (G)(1) of this section,1483
eighty-five, one hundred twenty-five dollars.1484

       (H) For filing a copy of papers evidencing the incorporation1485
of a municipal corporation or of annexation of territory by a1486
municipal corporation, five dollars, to be paid by the municipal1487
corporation, the petitioners therefor, or their agent;1488

       (I) For filing and recording any of the following:1489

       (1) A license to transact business in this state by a1490
foreign corporation for profit pursuant to section 1703.04 of the1491
Revised Code or a foreign nonprofit corporation pursuant to1492
section 1703.27 of the Revised Code, one hundred twenty-five1493
dollars;1494

       (2) An annual report or annual statement pursuant to section1495
1775.63 or 1785.06 of the Revised Code, ten twenty-five dollars;1496

       (3) Any Except as otherwise provided in this section or any1497
other section of the Revised Code, any other certificate or paper1498
that is required to be filed and recorded or is permitted by any1499
provision of the Revised Code to be filed and recorded by any1500
provision of the Revised Code with the secretary of state, ten1501
twenty-five dollars.1502

       (J) For filing any certificate or paper not required to be1503
recorded, five dollars;1504

       (K)(1) For making copies of any certificate or other paper1505
filed in the office of the secretary of state, the cost shall a1506
fee not to exceed one dollar per page, except as otherwise1507
provided in the Revised Code, and for creating and affixing the1508
seal of the office of the secretary of state to any good standing1509
or other certificate, five dollars, except that for. For copies1510
of certificates or papers required by state officers for official1511
purpose, no charge shall be made;.1512

       (2) For creating and affixing the seal of the office of the1513
secretary of state to the certificates described in division (E)1514
of section 1701.81, division (E) of section 1705.38, or division1515
(D) of section 1702.43 of the Revised Code, twenty-five dollars.1516

       (L) For a minister's license to solemnize marriages, ten1517
dollars;1518

       (M) For examining documents to be filed at a later date for1519
the purpose of advising as to the acceptability of the proposed1520
filing, ten fifty dollars;1521

       (N) For expedited filing service for filings referred to in1522
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,1523
ten dollars in addition to the fee for filing and recording1524
provided in those divisions Fifty dollars for filing and recording1525
any of the following:1526

       (1) A certificate of dissolution and accompanying documents,1527
or a certificate of cancellation, under section 1701.86, 1702.47,1528
1705.43, or 1782.10 of the Revised Code;1529

       (2) A notice of dissolution of a foreign licensed1530
corporation or a certificate of surrender of license by a foreign1531
licensed corporation under section 1703.17 of the Revised Code;1532

       (3) The withdrawal of registration of a foreign or domestic1533
limited liability partnership under section 1775.61 or 1775.64 of1534
the Revised Code, or the certificate of cancellation of1535
registration of a foreign limited liability company under section1536
1705.57 of the Revised Code;1537

       (4) The filing of a cancellation of disclaimer of general1538
partner status under Chapter 1782. of the Revised Code.1539

       (O) Fees For filing a statement of continued existence by a1540
nonprofit corporation, twenty-five dollars;1541

       (P) For filing a restatement under section 1705.08 or1542
1782.09 of the Revised Code, an amendment to a certificate of1543
cancellation under section 1782.10 of the Revised Code, an1544
amendment under section 1705.08 or 1782.09 of the Revised Code, or1545
a correction under section 1705.55, 1775.61, 1775.64, or 1782.521546
of the Revised Code, fifty dollars;1547

       (Q) For filing for reinstatement of an entity cancelled by1548
operation of law, by the secretary of state, by order of the1549
department of taxation, or by order of a court, twenty-five1550
dollars;1551

       (R) For filing a change of agent, resignation of agent, or1552
change of agent's address under section 1701.07, 1702.06,1553
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.041554
of the Revised Code, twenty-five dollars;1555

       (S) For filing and recording any of the following:1556

       (1) An application for the exclusive right to use a name or1557
an application to reserve a name for future use under section1558
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised1559
Code, fifty dollars;1560

       (2) A trade name or fictitious name registration or report,1561
fifty dollars;1562

       (3) An application to renew any item covered by division1563
(S)(1) or (2) of this section that is permitted to be renewed,1564
twenty-five dollars;1565

       (4) An assignment of rights for use of a name covered by1566
division (S)(1), (2), or (3) of this section, the cancellation of1567
a name registration or name reservation that is so covered, or1568
notice of a change of address of the registrant of a name that is1569
so covered, twenty-five dollars.1570

       (T) For filing and recording a report to operate a business1571
trust or a real estate investment trust, either foreign or1572
domestic, one hundred twenty-five dollars; and for filing and1573
recording an amendment to a report or associated trust instrument,1574
or a surrender of authority, to operate a business trust or real1575
estate investment trust, fifty dollars;1576

       (U)(1) For filing and recording the registration of a1577
trademark, service mark, or mark of ownership, one hundred1578
twenty-five dollars;1579

       (2) For filing and recording the change of address of a1580
registrant, the assignment of rights to a registration, a renewal1581
of a registration, or the cancellation of a registration1582
associated with a trademark, service mark, or mark of ownership,1583
twenty-five dollars.1584

       Fees specified in this section may be paid by cash, check, or1585
money order or by credit card, or an alternative payment program,1586
in accordance with division (B) or (C) of section 111.18 of the1587
Revised Code. Any credit card number or the expiration date of1588
any credit card is not subject to disclosure under Chapter 149. of1589
the Revised Code.1590

       Sec. 111.18.  (A) The secretary of state shall keep a record1591
of all fees collected by the secretary of state and, except as1592
otherwise provided in this subject to division (B) of section and1593
in sections 1309.401 and 1329.68 and division (C)(2) of section1594
3506.05 of the Revised Code and except as otherwise provided in1595
the Revised Code, shall pay, through June 30, 2001, fifty per cent1596
of them into the state treasury to the credit of the general1597
revenue fund and fifty per cent of them into the state treasury to1598
the credit of the corporate and uniform commercial code filing1599
fund created under by section 1309.401 of the Revised Code and1600
shall pay, on and after July 1, 2001, all of them into the state1601
treasury to the credit of the general revenue fund. Through June1602
30, 2001, all of the fees collected under divisions (I)(2) and (N)1603
of section 111.16 of the Revised Code shall be paid into the state1604
treasury to the credit of that corporate and uniform commercial1605
code filing fund. On and after July 1, 2001, the following fees1606
shall be paid into the state treasury to the credit of that1607
corporate and uniform commercial code filing fund:1608

       (1) Twenty-five dollars of each fee collected under1609
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the1610
Revised Code;1611

       (2) Twenty-five dollars of each fee collected under division1612
(C) of section 1703.031 of the Revised Code;1613

       (3) All fees collected under divisions (I)(2) and (N) of1614
section 111.16 of the Revised Code;1615

       (4) All fees collected under section 1703.08 of the Revised1616
Code;1617

       (5) Each fifty-dollar fee for amendments filed by foreign1618
nonprofit corporations under section 1703.27 of the Revised Code.1619

       (B) The secretary of state may implement a credit card1620
payment program permitting that permits payment of any fee charged1621
by the secretary of state by means of a credit card. The1622
secretary of state may open an account outside the state treasury1623
in a financial institution for the purpose of depositing credit1624
card receipts. Within forty-eight hours following the deposit of1625
the receipts, the financial institution shall make available to1626
the secretary of state funds in the amount of the receipts. The1627
secretary of state then shall then pay these those funds into the1628
state treasury to the credit of the general revenue corporate and1629
uniform commercial code filing fund, subject to division (B) of1630
section 1309.401 of the Revised Code and except as otherwise1631
provided by in the Revised Code.1632

       The secretary of state may pay the cost of any service charge1633
required by a financial institution or credit card company in1634
connection with a credit card payment program.1635

       The secretary of state shall adopt rules as necessary to1636
carry out the purposes of this division. The rules shall include1637
standards for determining eligible financial institutions and the1638
manner in which funds shall be made available and shall be1639
consistent with the standards contained in sections 135.03,1640
135.18, and 135.181 of the Revised Code.1641

       (C) The secretary of state may implement alternative payment1642
programs that permit payment of any fee charged by the secretary1643
of state by means other than cash, check, money order, or credit1644
card; an alternative payment program may include, but is not1645
limited to, one that permits a fee to be paid by electronic means1646
of transmission. The secretary of state may open an account1647
outside the state treasury in a financial institution for the1648
purpose of operating an alternative payment program. Within1649
forty-eight hours following the deposit of funds into such an1650
account, the financial institution shall make available to the1651
secretary of state the deposited funds. The secretary of state1652
then shall pay those funds into the state treasury to the credit1653
of the corporate and uniform commercial code filing fund, subject1654
to division (B) of section 1309.401 of the Revised Code and except1655
as otherwise provided in the Revised Code.1656

       The secretary of state may pay the cost of any service charge1657
required by a financial institution or service company in1658
connection with an alternative payment program.1659

       The secretary of state shall adopt rules necessary to carry1660
out the purposes of this division. The rules shall include1661
standards for determining eligible financial institutions and the1662
manner in which funds shall be made available and shall be1663
consistent with the standards contained in sections 135.03,1664
135.18, and 135.181 of the Revised Code.1665

       Sec. 111.23.  (A) The secretary of state, by rule, shall1666
establish, and prescribe guidelines and fees for the use of, an1667
"expedited filing service" that provides, at the option of the1668
person making such a filing, expeditious processing of any filing1669
with the secretary of state under Chapters Chapter 1309. and or1670
1329. and of any filing referred to in divisions (A), (B), (C),1671
(D), (E), (F), and (G) of section 111.16 or Title XVII of the1672
Revised Code.1673

       (B) The secretary of state may adopt rules establishing, and1674
prescribing guidelines and fees for the use of, a bulk filing1675
service that provides, at the option of the person making a1676
filing, a method for providing large amounts of information. The1677
secretary of state may charge and collect fees for filings made1678
through a bulk filing service at reduced amounts from those1679
otherwise specified in or authorized by the Revised Code.1680

       (C) The secretary of state may adopt rules establishing, and1681
prescribing guidelines and fees for the use of, alternative filing1682
procedures in making filings with the secretary of state. Under1683
these rules, the secretary of state may accept any filing and1684
payment of associated fees through any electronic, digital,1685
facsimile, or other means of transmission. The filings shall be1686
made on a form prescribed by the secretary of state and shall1687
comply fully with any other requirements of the Revised Code1688
applicable to the type of filing being made.1689

       Sec. 111.25.  (A) The secretary of state shall prescribe the1690
following forms for persons to use in complying with the1691
requirements of Chapter 1309. of the Revised Code for the filing1692
of financing statements and related documents:1693

       (A)(1) The financing statement described in division (A) of1694
section 1309.39 of the Revised Code;1695

       (B)(2) A form for the amendment of a financing statement1696
described in division (C) of section 1309.39 of the Revised Code;1697

       (C)(3) A continuation statement described in division (C) of1698
section 1309.40 of the Revised Code;1699

       (D)(4) A termination statement described in division (A) of1700
section 1309.41 of the Revised Code;1701

       (E)(5) A form for an assignment of rights under a financing1702
statement described in section 1309.42 of the Revised Code;1703

       (F)(6) A statement of release described in section 1309.431704
of the Revised Code.1705

       (B) The secretary of state shall prescribe the forms for1706
persons to use in complying with the requirements of Title XVII of1707
the Revised Code to the extent that those requirements relate to1708
filings with the secretary of state's office.1709

       Sec. 118.08.  (A) The members of the financial planning and1710
supervision commission shall serve without compensation, but shall1711
be paid by the commission their necessary and actual expenses1712
incurred while engaged in the business of the commission.1713

       (B) All expenses incurred for services rendered by the1714
financial supervisor for a period of twenty-four months shall be1715
paid by the commission pursuant to an appropriation made by the1716
general assembly for this purpose. Expenses incurred for services1717
rendered by the financial supervisor beyond this period shall be1718
borne by the municipal corporation, county, or township unless the1719
director of budget and management waives the costs and allows1720
payment in accordance with the following:1721

       (1) If the continued performance of the financial supervisor1722
is required for a period of twenty-five to thirty months, the1723
municipal corporation, county, or township is responsible for1724
twenty per cent of the compensation due.1725

       (2) If the continued performance of the financial supervisor1726
is required for a period of thirty-one to thirty-six months, the1727
municipal corporation, county, or township is responsible for1728
fifty per cent of the compensation due.1729

       (3) If the continued performance of the financial supervisor1730
is required for a period of thirty-seven months or more, the1731
municipal corporation, county, or township is responsible for one1732
hundred per cent of the compensation due except as otherwise1733
provided in division (B)(4) of this section.1734

       (4) Beginning in fiscal year 2000, if If the continued1735
performance of the financial supervisor has been required longer1736
than eight fiscal years for any municipal corporation, county, or1737
township declared to be in a fiscal emergency prior to fiscal year1738
1996, that municipal corporation, county, or township is1739
responsible for fifty per cent of the compensation due in its1740
ninth fiscal year 2000 while in fiscal emergency and one hundred1741
per cent of the compensation due in its tenth fiscal year 2001 and1742
every fiscal year thereafter while in fiscal emergency.1743

       (C) If the municipal corporation, county, or township fails1744
to make any payment to the financial supervisor as required by1745
this chapter, the financial supervisor may certify to the county1746
auditor the amount due, and that amount shall be withheld from the1747
municipal corporation, county, or township from any fund or funds1748
in the custody of the county auditor for distribution to the1749
municipal corporation, county, or township, except for those1750
reserved for payment of local government fund notes. Upon1751
receiving such the certification from the auditor of state1752
financial supervisor, the county auditor shall draw a voucher for1753
the amount against such those fund or funds in favor of the1754
financial supervisor.1755

       Sec. 120.06.  (A)(1) The state public defender, when1756
designated by the court or requested by a county public defender1757
or joint county public defender, may provide legal representation1758
in all courts throughout the state to indigent adults and1759
juveniles who are charged with the commission of an offense or act1760
for which the penalty or any possible adjudication includes the1761
potential loss of liberty.1762

       (2) The state public defender may provide legal1763
representation to any indigent person who, while incarcerated in1764
any state correctional institution, is charged with a felony1765
offense, for which the penalty or any possible adjudication that1766
may be imposed by a court upon conviction includes the potential1767
loss of liberty.1768

       (3) The state public defender may provide legal1769
representation to any person incarcerated in any correctional1770
institution of the state, in any matter in which the person1771
asserts the person is unlawfully imprisoned or detained.1772

       (4) The state public defender, in any case in which the1773
state public defender has provided legal representation or is1774
requested to do so by a county public defender or joint county1775
public defender, may provide legal representation on appeal.1776

       (5) The state public defender, when designated by the court1777
or requested by a county public defender, joint county public1778
defender, or the director of rehabilitation and correction, shall1779
provide legal representation in parole and probation revocation1780
matters, unless the state public defender finds that the alleged1781
parole or probation violator has the financial capacity to retain1782
the alleged violator's own counsel.1783

       (6) If the state public defender contracts with a county1784
public defender commission, a joint county public defender1785
commission, or a board of county commissioners for the provision1786
of services, under authority of division (C)(7) of section 120.041787
of the Revised Code, the state public defender shall provide legal1788
representation in accordance with the contract.1789

       (B) The state public defender shall not be required to1790
prosecute any appeal, postconviction remedy, or other proceeding1791
pursuant to division (A)(3), (4), or (5) of this section, unless1792
the state public defender first is satisfied that there is1793
arguable merit to the proceeding.1794

       (C) A court may appoint counsel or allow an indigent person1795
to select the indigent's own personal counsel to assist the state1796
public defender as co-counsel when the interests of justice so1797
require. When co-counsel is appointed to assist the state public1798
defender, the co-counsel shall receive any compensation that the1799
court may approve, not to exceed the amounts provided for in1800
section 2941.51 of the Revised Code.1801

       (D) When the state public defender is designated by the1802
court or requested by a county public defender or joint county1803
public defender to provide legal representation for an indigent1804
person in any case, other than pursuant to a contract entered into1805
under authority of division (C)(7) of section 120.04 of the1806
Revised Code, the state public defender shall send to the county1807
in which the case is filed an itemized bill for fifty per cent of1808
the actual cost of the representation. The county, upon receipt1809
of an itemized bill from the state public defender pursuant to1810
this division, shall pay fifty per cent of the actual cost of the1811
legal representation as set forth in the itemized bill. There is1812
hereby created in the state treasury the county representation1813
fund for the deposit of moneys received from counties under this1814
division. All moneys credited to the fund shall be used by the1815
state public defender to provide legal representation for indigent1816
persons when designated by the court or requested by a county or1817
joint county public defender.1818

       (E)(1) Notwithstanding any contrary provision of sections1819
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code1820
that pertains to representation by the attorney general, an1821
assistant attorney general, or special counsel of an officer or1822
employee, as defined in section 109.36 of the Revised Code, or of1823
an entity of state government, the state public defender may elect1824
to contract with, and to have the state pay pursuant to division1825
(E)(2) of this section for the services of, private legal counsel1826
to represent the Ohio public defender commission, the state public1827
defender, assistant state public defenders, other employees of the1828
commission or the state public defender, and attorneys described1829
in division (C) of section 120.41 of the Revised Code in a1830
malpractice or other civil action or proceeding that arises from1831
alleged actions or omissions related to responsibilities derived1832
pursuant to this chapter, or in a civil action that is based upon1833
alleged violations of the constitution or statutes of the United1834
States, including section 1983 of Title 42 of the United States1835
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that1836
arises from alleged actions or omissions related to1837
responsibilities derived pursuant to this chapter, if the state1838
public defender determines, in good faith, that the defendant in1839
the civil action or proceeding did not act manifestly outside the1840
scope of the defendant's employment or official responsibilities,1841
with malicious purpose, in bad faith, or in a wanton or reckless1842
manner. If the state public defender elects not to contract1843
pursuant to this division for private legal counsel in a civil1844
action or proceeding, then, in accordance with sections 109.02,1845
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the1846
attorney general shall represent or provide for the representation1847
of the Ohio public defender commission, the state public defender,1848
assistant state public defenders, other employees of the1849
commission or the state public defender, or attorneys described in1850
division (C) of section 120.41 of the Revised Code in the civil1851
action or proceeding.1852

       (2)(a) Subject to division (E)(2)(b) of this section,1853
payment from the state treasury for the services of private legal1854
counsel with whom the state public defender has contracted1855
pursuant to division (E)(1) of this section shall be accomplished1856
only through the following procedure:1857

       (i) The private legal counsel shall file with the attorney1858
general a copy of the contract; a request for an award of legal1859
fees, court costs, and expenses earned or incurred in connection1860
with the defense of the Ohio public defender commission, the state1861
public defender, an assistant state public defender, an employee,1862
or an attorney in a specified civil action or proceeding; a1863
written itemization of those fees, costs, and expenses, including1864
the signature of the state public defender and the state public1865
defender's attestation that the fees, costs, and expenses were1866
earned or incurred pursuant to division (E)(1) of this section to1867
the best of the state public defender's knowledge and information;1868
a written statement whether the fees, costs, and expenses are for1869
all legal services to be rendered in connection with that defense,1870
are only for legal services rendered to the date of the request1871
and additional legal services likely will have to be provided in1872
connection with that defense, or are for the final legal services1873
rendered in connection with that defense; a written statement1874
indicating whether the private legal counsel previously submitted1875
a request for an award under division (E)(2) of this section in1876
connection with that defense and, if so, the date and the amount1877
of each award granted; and, if the fees, costs, and expenses are1878
for all legal services to be rendered in connection with that1879
defense or are for the final legal services rendered in connection1880
with that defense, a certified copy of any judgment entry in the1881
civil action or proceeding or a signed copy of any settlement1882
agreement entered into between the parties to the civil action or1883
proceeding.1884

       (ii) Upon receipt of a request for an award of legal fees,1885
court costs, and expenses and the requisite supportive1886
documentation described in division (E)(2)(a)(i) of this section,1887
the attorney general shall review the request and documentation;1888
determine whether any of the limitations specified in division1889
(E)(2)(b) of this section apply to the request; and, if an award1890
of legal fees, court costs, or expenses is permissible after1891
applying the limitations, prepare a document awarding legal fees,1892
court costs, or expenses to the private legal counsel. The1893
document shall name the private legal counsel as the recipient of1894
the award; specify the total amount of the award as determined by1895
the attorney general; itemize the portions of the award that1896
represent legal fees, court costs, and expenses; specify any1897
limitation applied pursuant to division (E)(2)(b) of this section1898
to reduce the amount of the award sought by the private legal1899
counsel; state that the award is payable from the state treasury1900
pursuant to division (E)(2)(a)(iii) of this section; and be1901
approved by the inclusion of the signatures of the attorney1902
general, the state public defender, and the private legal counsel.1903

       (iii) The attorney general shall forward a copy of the1904
document prepared pursuant to division (E)(2)(a)(ii) of this1905
section to the director of budget and management. The award of1906
legal fees, court costs, or expenses shall be paid out of the1907
state public defender's appropriations, to the extent there is a1908
sufficient available balance in those appropriations. If the1909
state public defender does not have a sufficient available balance1910
in the state public defender's appropriations to pay the entire1911
award of legal fees, court costs, or expenses, the director shall1912
make application for a transfer of appropriations out of the1913
emergency purposes account or any other appropriation for1914
emergencies or contingencies in an amount equal to the portion of1915
the award that exceeds the sufficient available balance in the1916
state public defender's appropriations. A transfer of1917
appropriations out of the emergency purposes account or any other1918
appropriation for emergencies or contingencies shall be authorized1919
if there are sufficient moneys greater than the sum total of then1920
pending emergency purposes account requests, or requests for1921
releases from the other appropriation. If a transfer of1922
appropriations out of the emergency purposes account or other1923
appropriation for emergencies or contingencies is made to pay an1924
amount equal to the portion of the award that exceeds the1925
sufficient available balance in the state public defender's1926
appropriations, the director shall cause the payment to be made to1927
the private legal counsel. If sufficient moneys do not exist in1928
the emergency purposes account or other appropriation for1929
emergencies or contingencies to pay an amount equal to the portion1930
of the award that exceeds the sufficient available balance in the1931
state public defender's appropriations, the private legal counsel1932
shall request the general assembly to make an appropriation1933
sufficient to pay an amount equal to the portion of the award that1934
exceeds the sufficient available balance in the state public1935
defender's appropriations, and no payment in that amount shall be1936
made until the appropriation has been made. The private legal1937
counsel shall make the request during the current biennium and1938
during each succeeding biennium until a sufficient appropriation1939
is made.1940

       (b) An award of legal fees, court costs, and expenses1941
pursuant to division (E) of this section is subject to the1942
following limitations:1943

       (i) The maximum award or maximum aggregate of a series of1944
awards of legal fees, court costs, and expenses to the private1945
legal counsel in connection with the defense of the Ohio public1946
defender commission, the state public defender, an assistant state1947
public defender, an employee, or an attorney in a specified civil1948
action or proceeding shall not exceed fifty thousand dollars.1949

       (ii) The private legal counsel shall not be awarded legal1950
fees, court costs, or expenses to the extent the fees, costs, or1951
expenses are covered by a policy of malpractice or other1952
insurance.1953

       (iii) The private legal counsel shall be awarded legal fees1954
and expenses only to the extent that the fees and expenses are1955
reasonable in light of the legal services rendered by the private1956
legal counsel in connection with the defense of the Ohio public1957
defender commission, the state public defender, an assistant state1958
public defender, an employee, or an attorney in a specified civil1959
action or proceeding.1960

       (c) If, pursuant to division (E)(2)(a) of this section, the1961
attorney general denies a request for an award of legal fees,1962
court costs, or expenses to private legal counsel because of the1963
application of a limitation specified in division (E)(2)(b) of1964
this section, the attorney general shall notify the private legal1965
counsel in writing of the denial and of the limitation applied.1966

       (d) If, pursuant to division (E)(2)(c) of this section, a1967
private legal counsel receives a denial of an award notification1968
or if a private legal counsel refuses to approve a document under1969
division (E)(2)(a)(ii) of this section because of the proposed1970
application of a limitation specified in division (E)(2)(b) of1971
this section, the private legal counsel may commence a civil1972
action against the attorney general in the court of claims to1973
prove the private legal counsel's entitlement to the award sought,1974
to prove that division (E)(2)(b) of this section does not prohibit1975
or otherwise limit the award sought, and to recover a judgment for1976
the amount of the award sought. A civil action under division1977
(E)(2)(d) of this section shall be commenced no later than two1978
years after receipt of a denial of award notification or, if the1979
private legal counsel refused to approve a document under division1980
(E)(2)(a)(ii) of this section because of the proposed application1981
of a limitation specified in division (E)(2)(b) of this section,1982
no later than two years after the refusal. Any judgment of the1983
court of claims in favor of the private legal counsel shall be1984
paid from the state treasury in accordance with division (E)(2)(a)1985
of this section.1986

       (F) If a court appoints the office of the state public1987
defender to represent a petitioner in a postconviction relief1988
proceeding under section 2953.21 of the Revised Code, the1989
petitioner has received a sentence of death, and the proceeding1990
relates to that sentence, all of the attorneys who represent the1991
petitioner in the proceeding pursuant to the appointment, whether1992
an assistant state public defender, the state public defender, or1993
another attorney, shall be certified under Rule 65 20 of the Rules1994
of Superintendence for Common Pleas the Courts of Ohio to1995
represent indigent defendants charged with or convicted of an1996
offense for which the death penalty can be or has been imposed.1997

       Sec. 120.16.  (A)(1) The county public defender shall1998
provide legal representation to indigent adults and juveniles who1999
are charged with the commission of an offense or act that is a2000
violation of a state statute and for which the penalty or any2001
possible adjudication includes the potential loss of liberty and2002
in postconviction proceedings as defined in this section.2003

       (2) The county public defender may provide legal2004
representation to indigent adults and juveniles charged with the2005
violation of an ordinance of a municipal corporation for which the2006
penalty or any possible adjudication includes the potential loss2007
of liberty, if the county public defender commission has2008
contracted with the municipal corporation to provide legal2009
representation for indigent persons charged with a violation of an2010
ordinance of the municipal corporation.2011

       (B) The county public defender shall provide the legal2012
representation authorized by division (A) of this section at every2013
stage of the proceedings following arrest, detention, service of2014
summons, or indictment.2015

       (C) The county public defender may request the state public2016
defender to prosecute any appeal or other remedy before or after2017
conviction that the county public defender decides is in the2018
interests of justice, and may provide legal representation in2019
parole and probation revocation matters.2020

       (D) The county public defender shall not be required to2021
prosecute any appeal, postconviction remedy, or other proceeding,2022
unless the county public defender is first satisfied there is2023
arguable merit to the proceeding.2024

       (E) Nothing in this section shall prevent a court from2025
appointing counsel other than the county public defender or from2026
allowing an indigent person to select the indigent person's own2027
personal counsel to represent the indigent person. A court may2028
also appoint counsel or allow an indigent person to select the2029
indigent person's own personal counsel to assist the county public2030
defender as co-counsel when the interests of justice so require.2031

       (F) Information as to the right to legal representation by2032
the county public defender or assigned counsel shall be afforded2033
to an accused person immediately upon arrest, when brought before2034
a magistrate, or when formally charged, whichever occurs first.2035

       (G) If a court appoints the office of the county public2036
defender to represent a petitioner in a postconviction relief2037
proceeding under section 2953.21 of the Revised Code, the2038
petitioner has received a sentence of death, and the proceeding2039
relates to that sentence, all of the attorneys who represent the2040
petitioner in the proceeding pursuant to the appointment, whether2041
an assistant county public defender or the county public defender,2042
shall be certified under Rule 65 20 of the Rules of2043
Superintendence for Common Pleas the Courts of Ohio to represent2044
indigent defendants charged with or convicted of an offense for2045
which the death penalty can be or has been imposed.2046

       Sec. 120.26.  (A)(1) The joint county public defender shall2047
provide legal representation to indigent adults and juveniles who2048
are charged with the commission of an offense or act that is a2049
violation of a state statute and for which the penalty or any2050
possible adjudication includes the potential loss of liberty and2051
in postconviction proceedings as defined in this section.2052

       (2) The joint county public defender may provide legal2053
representation to indigent adults and juveniles charged with the2054
violation of an ordinance of a municipal corporation for which the2055
penalty or any possible adjudication includes the potential loss2056
of liberty, if the joint county public defender commission has2057
contracted with the municipal corporation to provide legal2058
representation for indigent persons charged with a violation of an2059
ordinance of the municipal corporation.2060

       (B) The joint county public defender shall provide the legal2061
representation authorized by division (A) of this section at every2062
stage of the proceedings following arrest, detention, service of2063
summons, or indictment.2064

       (C) The joint county public defender may request the Ohio2065
public defender to prosecute any appeal or other remedy before or2066
after conviction that the joint county public defender decides is2067
in the interests of justice and may provide legal representation2068
in parole and probation revocation matters.2069

       (D) The joint county public defender shall not be required2070
to prosecute any appeal, postconviction remedy, or other2071
proceeding, unless the joint county public defender is first2072
satisfied that there is arguable merit to the proceeding.2073

       (E) Nothing in this section shall prevent a court from2074
appointing counsel other than the joint county public defender or2075
from allowing an indigent person to select the indigent person's2076
own personal counsel to represent the indigent person. A court2077
may also appoint counsel or allow an indigent person to select the2078
indigent person's own personal counsel to assist the joint county2079
public defender as co-counsel when the interests of justice so2080
require.2081

       (F) Information as to the right to legal representation by2082
the joint county public defender or assigned counsel shall be2083
afforded to an accused person immediately upon arrest, when2084
brought before a magistrate, or when formally charged, whichever2085
occurs first.2086

       (G) If a court appoints the office of the joint county2087
public defender to represent a petitioner in a postconviction2088
relief proceeding under section 2953.21 of the Revised Code, the2089
petitioner has received a sentence of death, and the proceeding2090
relates to that sentence, all of the attorneys who represent the2091
petitioner in the proceeding pursuant to the appointment, whether2092
an assistant joint county defender or the joint county public2093
defender, shall be certified under Rule 65 20 of the Rules of2094
Superintendence for Common Pleas the Courts of Ohio to represent2095
indigent defendants charged with or convicted of an offense for2096
which the death penalty can be or has been imposed.2097

       Sec. 120.33.  (A) In lieu of using a county public defender2098
or joint county public defender to represent indigent persons in2099
the proceedings set forth in division (A) of section 120.16 of the2100
Revised Code, the board of county commissioners of any county may2101
adopt a resolution to pay counsel who are either personally2102
selected by the indigent person or appointed by the court. The2103
resolution shall include those provisions the board of county2104
commissioners considers necessary to provide effective2105
representation of indigent persons in any proceeding for which2106
counsel is provided under this section. The resolution shall2107
include provisions for contracts with any municipal corporation2108
under which the municipal corporation shall reimburse the county2109
for counsel appointed to represent indigent persons charged with2110
violations of the ordinances of the municipal corporation.2111

       (1) In a county that adopts a resolution to pay counsel, an2112
indigent person shall have the right to do either of the2113
following:2114

       (a) To select the person's own personal counsel to represent2115
the person in any proceeding included within the provisions of the2116
resolution;2117

       (b) To request the court to appoint counsel to represent the2118
person in such a proceeding.2119

       (2) The court having jurisdiction over the proceeding in a2120
county that adopts a resolution to pay counsel shall, after2121
determining that the person is indigent and entitled to legal2122
representation under this section, do either of the following:2123

       (a) By signed journal entry recorded on its docket, enter2124
the name of the lawyer selected by the indigent person as counsel2125
of record;2126

       (b) Appoint counsel for the indigent person if the person2127
has requested the court to appoint counsel and, by signed journal2128
entry recorded on its dockets, enter the name of the lawyer2129
appointed for the indigent person as counsel of record.2130

       (3) The board of county commissioners shall establish a2131
schedule of fees by case or on an hourly basis to be paid to2132
counsel for legal services provided pursuant to a resolution2133
adopted under this section. Prior to establishing the schedule,2134
the board of county commissioners shall request the bar2135
association or associations of the county to submit a proposed2136
schedule. The schedule submitted shall be subject to the review,2137
amendment, and approval of the board of county commissioners.2138

       (4) Counsel selected by the indigent person or appointed by2139
the court at the request of an indigent person in a county that2140
adopts a resolution to pay counsel, except for counsel appointed2141
to represent a person charged with any violation of an ordinance2142
of a municipal corporation that has not contracted with the county2143
commissioners for the payment of appointed counsel, shall be paid2144
by the county and shall receive the compensation and expenses the2145
court approves. Each request for payment shall be accompanied by2146
a financial disclosure form and an affidavit of indigency that are2147
completed by the indigent person on forms prescribed by the state2148
public defender. Compensation and expenses shall not exceed the2149
amounts fixed by the board of county commissioners in the schedule2150
adopted pursuant to division (A)(3) of this section. No court2151
shall approve compensation and expenses that exceed the amount2152
fixed pursuant to division (A)(3) of this section.2153

       The fees and expenses approved by the court shall not be2154
taxed as part of the costs and shall be paid by the county.2155
However, if the person represented has, or may reasonably be2156
expected to have, the means to meet some part of the cost of the2157
services rendered to the person, the person shall pay the county2158
an amount that the person reasonably can be expected to pay. 2159
Pursuant to section 120.04 of the Revised Code, the county shall2160
pay to the state public defender a percentage of the payment2161
received from the person in an amount proportionate to the2162
percentage of the costs of the person's case that were paid to the2163
county by the state public defender pursuant to this section. The2164
money paid to the state public defender shall be credited to the2165
client payment fund created pursuant to division (B)(5) of section2166
120.04 of the Revised Code.2167

       The county auditor shall draw a warrant on the county2168
treasurer for the payment of counsel in the amount fixed by the2169
court, plus the expenses the court fixes and certifies to the2170
auditor. The county auditor shall report periodically, but not2171
less than annually, to the board of county commissioners and to2172
the Ohio public defender commission the amounts paid out pursuant2173
to the approval of the court. The board of county commissioners,2174
after review and approval of the auditor's report, may then2175
certify it to the state public defender for reimbursement. If a2176
request for reimbursement is not accompanied by a financial2177
disclosure form and an affidavit of indigency completed by the2178
indigent person on forms prescribed by the state public defender,2179
the state public defender shall not pay the requested2180
reimbursement. If a request for the reimbursement of the cost of2181
counsel in any case is not received by the state public defender2182
within ninety days after the end of the calendar month in which2183
the case is finally disposed of by the court, unless the county2184
has requested and the state public defender has granted an2185
extension of the ninety-day limit, the state public defender shall2186
not pay the requested reimbursement. The state public defender2187
shall also review the report and, in accordance with the2188
standards, guidelines, and maximums established pursuant to2189
divisions (B)(7) and (8) of section 120.04 of the Revised Code,2190
prepare a voucher for fifty per cent of the total cost of each2191
county appointed counsel system in the period of time covered by2192
the certified report and a voucher for fifty per cent of the costs2193
and expenses that are reimbursable under section 120.35 of the2194
Revised Code, if any, or, if the amount of money appropriated by2195
the general assembly to reimburse counties for the operation of2196
county public defender offices, joint county public defender2197
offices, and county appointed counsel systems is not sufficient to2198
pay fifty per cent of the total cost of all of the offices and2199
systems other than costs and expenses that are reimbursable under2200
section 120.35 of the Revised Code, for the lesser amount required2201
by section 120.34 of the Revised Code.2202

       (5) If any county appointed counsel system fails to maintain2203
the standards for the conduct of the system established by the2204
rules of the Ohio public defender commission pursuant to divisions2205
(B) and (C) of section 120.03 or the standards established by the2206
state public defender pursuant to division (B)(7) of section2207
120.04 of the Revised Code, the Ohio public defender commission2208
shall notify the board of county commissioners of the county that2209
the county appointed counsel system has failed to comply with its2210
rules or the standards of the state public defender. Unless the2211
board of county commissioners corrects the conduct of its2212
appointed counsel system to comply with the rules and standards2213
within ninety days after the date of the notice, the state public2214
defender may deny all or part of the county's reimbursement from2215
the state provided for in division (A)(4) of this section.2216

       (B) In lieu of using a county public defender or joint2217
county public defender to represent indigent persons in the2218
proceedings set forth in division (A) of section 120.16 of the2219
Revised Code, and in lieu of adopting the resolution and following2220
the procedure described in division (A) of this section, the board2221
of county commissioners of any county may contract with the state2222
public defender for the state public defender's legal2223
representation of indigent persons. A contract entered into2224
pursuant to this division may provide for payment for the services2225
provided on a per case, hourly, or fixed contract basis.2226

       (C) If a court appoints an attorney pursuant to this section2227
to represent a petitioner in a postconviction relief proceeding2228
under section 2953.21 of the Revised Code, the petitioner has2229
received a sentence of death, and the proceeding relates to that2230
sentence, the attorney who represents the petitioner in the2231
proceeding pursuant to the appointment shall be certified under2232
Rule 65 20 of the Rules of Superintendence for Common Pleas the2233
Courts of Ohio to represent indigent defendants charged with or2234
convicted of an offense for which the death penalty can be or has2235
been imposed.2236

       Sec. 121.40.  (A) There is hereby created the governor's2237
Ohio community service council consisting of twenty-one members2238
including the superintendent of public instruction or the2239
superintendent's designee, the chancellor of the Ohio board of2240
regents or the chancellor's designee, the director of natural2241
resources or the director's designee, the director of youth2242
services or the director's designee, the director of aging or the2243
director's designee, the director of job and family services or2244
the director's designee, the chairperson of the committee of the2245
house of representatives dealing with education or the2246
chairperson's designee, the chairperson of the committee of the2247
senate dealing with education or the chairperson's designee, and2248
thirteen members who shall be appointed by the governor with the2249
advice and consent of the senate and who shall serve terms of2250
office of three years. The appointees shall include educators,2251
including teachers and administrators; representatives of youth2252
organizations; students and parents; representatives of2253
organizations engaged in volunteer program development and2254
management throughout the state, including youth and conservation2255
programs; and representatives of business, government, nonprofit2256
organizations, social service agencies, veterans organizations,2257
religious organizations, or philanthropies that support or2258
encourage volunteerism within the state. Members of the council2259
shall receive no compensation, but shall be reimbursed for actual2260
and necessary expenses incurred in the performance of their2261
official duties.2262

       (B) The council shall appoint an executive director for the2263
council, who shall be in the unclassified civil service. The2264
executive director shall supervise the council's activities and2265
report to the council on the progress of those activities. The2266
executive director shall do all things necessary for the efficient2267
and effective implementation of the duties of the council.2268

       The responsibilities assigned to the executive director do2269
not relieve the members of the council from final responsibility2270
for the proper performance of the requirements of this division2271
section.2272

       (C) The council or its designee shall do all of the2273
following:2274

       (1) Employ, promote, supervise, and remove all employees as2275
needed in connection with the performance of its duties under this2276
section and may assign duties to those employees as necessary to2277
achieve the most efficient performance of its functions, and to2278
that end may establish, change, or abolish positions, and assign2279
and reassign duties and responsibilities of any employee of the2280
council. Personnel employed by the council who are subject to2281
Chapter 4117. of the Revised Code shall retain all of their rights2282
and benefits conferred pursuant to that chapter. Nothing in this2283
chapter shall be construed as eliminating or interfering with2284
Chapter 4117. of the Revised Code or the rights and benefits2285
conferred under that chapter to public employees or to any2286
bargaining unit.2287

       (2) Maintain its office in Columbus, and may hold sessions2288
at any place within the state;2289

       (3) Acquire facilities, equipment, and supplies necessary to2290
house the council, its employees, and files and records under its2291
control, and to discharge any duty imposed upon it by law. The2292
expense of these acquisitions shall be audited and paid for in the2293
same manner as other state expenses. For that purpose, the2294
council shall prepare and submit to the office of budget and2295
management a budget for each biennium according to sections2296
101.532 and 107.03 of the Revised Code. The budget submitted2297
shall cover the costs of the council and its staff in the2298
discharge of any duty imposed upon the council by law. The2299
council shall not delegate any authority to obligate funds.2300

       (4) Pay its own payroll and other operating expenses from2301
line items designated by the general assembly;2302

       (5) Retain its fiduciary responsibility as appointing2303
authority. Any transaction instructions shall be certified by the2304
appointing authority or its designee.2305

       (6) Establish the overall policy and management of the2306
council in accordance with this chapter;2307

       (7) Assist in coordinating and preparing the state2308
application for funds under sections 101 to 184 of the "National2309
and Community Service Act of 1990," 104 Stat. 3127 (1990), 422310
U.S.C.A. 12411 to 12544, and amendments thereto as amended, assist2311
in administering and overseeing the "National and Community2312
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the2313
americorps program in this state, and assist in developing2314
objectives for a comprehensive strategy to encourage and expand2315
community service programs throughout the state;2316

       (8) Assist the state board of education, school districts,2317
the board of regents, and institutions of higher education in2318
coordinating community service education programs through2319
cooperative efforts between institutions and organizations in the2320
public and private sectors;2321

       (9) Assist the departments of natural resources, youth2322
services, aging, and job and family services in coordinating2323
community service programs through cooperative efforts between2324
institutions and organizations in the public and private sectors;2325

       (10) Suggest individuals and organizations that are2326
available to assist school districts, institutions of higher2327
education, and the departments of natural resources, youth2328
services, aging, and job and family services in the establishment2329
of community service programs and assist in investigating sources2330
of funding for implementing such these programs;2331

       (11) Assist in evaluating the state's efforts in providing2332
community service programs using standards and methods that are2333
consistent with any statewide objectives for such these programs2334
and provide information to the state board of education, school2335
districts, the board of regents, institutions of higher education,2336
and the departments of natural resources, youth services, aging,2337
and job and family services to guide them in making decisions2338
about these programs;2339

       (12) Assist the state board of education in complying with2340
section 3301.70 of the Revised Code and the board of regents in2341
complying with division (B)(2) of section 3333.043 of the Revised2342
Code.2343

       (D) The department of aging shall serve as the council's2344
fiscal agent. Beginning on July 1, 1997, whenever reference is2345
made in any law, contract, or document to the functions of the2346
department of youth services as fiscal agent to the council, the2347
reference shall be deemed to refer to the department of aging. The2348
department of aging shall have no responsibility for or obligation2349
to the council prior to July 1, 1997. Any validation, cure,2350
right, privilege, remedy, obligation, or liability shall be2351
retained by the council.2352

       As used in this section, "fiscal agent" means technical2353
support and includes the following technical support services:2354

       (1) Preparing and processing payroll and other personnel2355
documents that the council executes as the appointing authority.2356
The department of aging shall not approve any payroll or other2357
personnel-related documents.2358

       (2) Maintaining ledgers of accounts and reports of account2359
balances, and monitoring budgets and allotment plans in2360
consultation with the council. The department shall not approve2361
any biennial budget, grant, expenditure, audit, or fiscal-related2362
document.2363

       (3) Performing other routine support services that the2364
director of aging or the director's designee and the council or2365
its designee consider appropriate to achieve efficiency.2366

       (E) The council or its designee has the following authority2367
and responsibility relative to fiscal matters:2368

       (1) Sole authority to draw funds for any and all federal2369
programs in which the council is authorized to participate;2370

       (2) Sole authority to expend funds from their accounts for2371
programs and any other necessary expenses the council may incur2372
and its subgrantees may incur;2373

       (3) Responsibility to cooperate with and inform the2374
department of aging as fiscal agent to ensure that the department2375
is fully apprised of all financial transactions.2376

       The council shall follow all state procurement requirements.2377

       The department of aging shall determine fees to be charged to2378
the council, which shall be in proportion to the services2379
performed for the council.2380

       The council shall pay fees owed to the department of aging2381
from a general revenue fund of the council or from any other fund2382
from which the operating expenses of the council are paid. Any2383
amounts set aside for a fiscal year for the payment of such these2384
fees shall be used only for the services performed for the council2385
by the department of aging in that fiscal year.2386

       Sec. 122.011.  (A) The department of development shall2387
develop and promote plans and programs designed to assure that2388
state resources are efficiently used, economic growth is properly2389
balanced, community growth is developed in an orderly manner, and2390
local governments are coordinated with each other and the state,2391
and for such purposes may do all of the following:2392

       (1) Serve as a clearinghouse for information, data, and2393
other materials that may be helpful or necessary to persons or2394
local governments, as provided in section 122.07 of the Revised2395
Code;2396

       (2) Prepare and activate plans for the retention,2397
development, expansion, and use of the resources and commerce of2398
the state, as provided in section 122.04 of the Revised Code;2399

       (3) Assist and cooperate with federal, state, and local2400
governments and agencies of federal, state, and local governments2401
in the coordination of programs to carry out the functions and2402
duties of the department;2403

       (4) Encourage and foster research and development2404
activities, conduct studies related to the solution of community2405
problems, and develop recommendations for administrative or2406
legislative actions, as provided in section 122.03 of the Revised2407
Code;2408

       (5) Serve as the economic and community development planning2409
agency, which shall prepare and recommend plans and programs for2410
the orderly growth and development of this state and which shall2411
provide planning assistance, as provided in section 122.06 of the2412
Revised Code;2413

       (6) Cooperate with and provide technical assistance to state2414
departments, political subdivisions, regional and local planning2415
commissions, tourist associations, councils of government,2416
community development groups, community action agencies, and other2417
appropriate organizations for carrying out the functions and2418
duties of the department or for the solution of community2419
problems;2420

       (7) Coordinate the activities of state agencies that have an2421
impact on carrying out the functions and duties of the department;2422

       (8) Encourage and assist the efforts of and cooperate with2423
local governments to develop mutual and cooperative solutions to2424
their common problems that relate to carrying out the purposes of2425
this section;2426

       (9) Study existing structure, operations, and financing of2427
regional or local government and those state activities that2428
involve significant relations with regional or local governmental2429
units, recommend to the governor and to the general assembly such2430
changes in these provisions and activities as will improve the2431
operations of regional or local government, and conduct other2432
studies of legal provisions that affect problems related to2433
carrying out the purposes of this section;2434

       (10) Appoint, with the approval of the governor, technical2435
and other advisory councils as it considers appropriate, as2436
provided in section 122.09 of the Revised Code;2437

       (11) Create and operate a division of community development2438
to develop and administer programs and activities that are2439
authorized by federal statute or the Revised Code;2440

       (12) Until July 1, 2001, review, analyze, and summarize2441
applications and information regarding the family farm loan2442
program forwarded to the department by a financial institution2443
pursuant to section 901.81 of the Revised Code, and forward the2444
applications, information, analyses, and summaries to the director2445
of agriculture;2446

       (13) Until July 1, 2001 2003, establish fees and charges, in2447
consultation with the director of agriculture, for purchasing2448
loans from financial institutions and providing loan guarantees2449
under the family farm loan program created under sections 901.802450
to 901.83 of the Revised Code;2451

       (14)(13) Provide loan servicing for the loans purchased and2452
loan guarantees provided under section 901.80 of the Revised Code2453
as that section existed prior to July 1, 2001 2003;2454

       (15)(14) Until July 1, 2001 2003, and upon approval by the2455
controlling board under division (A)(3) of section 901.82 of the2456
Revised Code of the release of money to be used for purchasing a2457
loan or providing a loan guarantee, request the release of that2458
money in accordance with division (B) of section 166.03 of the2459
Revised Code for use for the purposes of the fund created by2460
section 166.031 of the Revised Code.2461

       (B) The department, by rule, shall establish criteria2462
defining nonprofit corporations that are eligible for appointment2463
as qualified agents pursuant to sections 135.81 to 135.88 of the2464
Revised Code. The criteria shall require that a corporation be2465
organized pursuant to Chapter 1702. of the Revised Code and have2466
as its primary purpose the promotion of economic development or2467
the creation or retention of jobs and job opportunities. The2468
criteria may include a specification as to the professional2469
qualifications of the corporation employees, a minimum elapsed2470
period of time since the corporation was organized, current and2471
former activities of the corporation, and such other criteria2472
reasonably related to the foregoing that relate to the ability of2473
the corporation to act as a qualified agent for the purposes of2474
sections 135.51 135.81 to 135.88 of the Revised Code.2475

       (C) The director of development may request the attorney2476
general to, and the attorney general, in accordance with section2477
109.02 of the Revised Code, shall bring a civil action in any2478
court of competent jurisdiction. The director may be sued in the2479
director's official capacity, in connection with this chapter, in2480
accordance with Chapter 2743. of the Revised Code.2481

       Sec. 122.71.  As used in sections 122.71 to 122.83 of the2482
Revised Code:2483

       (A) "Financial institution" means any banking corporation,2484
trust company, insurance company, savings and loan association,2485
building and loan association, or corporation, partnership,2486
federal lending agency, foundation, or other institution engaged2487
in lending or investing funds for industrial or business purposes.2488

       (B) "Project" means any real or personal property connected2489
with or being a part of an industrial, distribution, commercial,2490
or research facility to be acquired, constructed, reconstructed,2491
enlarged, improved, furnished, or equipped, or any combination2492
thereof, with the aid provided under sections 122.71 to 122.83 of2493
the Revised Code, for industrial, commercial, distribution, and2494
research development of the state.2495

       (C) "Mortgage" means the lien imposed on a project by a2496
mortgage on real property, or by financing statements on personal2497
property, or a combination of a mortgage and financing statements2498
when a project consists of both real and personal property.2499

       (D) "Mortgagor" means the principal user of a project or the2500
person, corporation, partnership, or association unconditionally2501
guaranteeing performance by the principal user of its obligations2502
under the mortgage.2503

       (E)(1) "Minority business enterprise" means an individual who2504
is a United States citizen and owns and controls a business, or a2505
partnership, corporation, or joint venture of any kind that is2506
owned and controlled by United States citizens who, which citizen2507
or citizens are residents of this state or nonresidents of this2508
state who have a significant presence in this state, and who are2509
members of one of the following economically disadvantaged groups:2510
Blacks, American Indians, Hispanics, and Orientals.2511

       (2) "Owned and controlled" means that at least fifty-one per2512
cent of the business, including corporate stock if a corporation,2513
is owned by persons who belong to one or more of the groups set2514
forth in division (E)(1) of this section, and that those owners2515
have control over the management and day-to-day operations of the2516
business and an interest in the capital, assets, and profits and2517
losses of the business proportionate to their percentage of2518
ownership. In order to qualify as a minority business enterprise,2519
a business shall have been owned and controlled by those persons2520
at least one year prior to being awarded a contract pursuant to2521
this section.2522

       (F) "Community improvement corporation" means a corporation2523
organized under Chapter 1724. of the Revised Code.2524

       (G) "Ohio development corporation" means a corporation2525
organized under Chapter 1726. of the Revised Code.2526

       (H) "Minority contractors business assistance organization"2527
means an entity engaged in the provision of management and2528
technical business assistance to minority business enterprise2529
entrepreneurs.2530

       (I) "Minority business supplier development council" means a2531
nonprofit organization established as an affiliate of the national2532
minority supplier development council.2533

       Sec. 122.76.  (A) The director of development, with2534
controlling board approval, may lend funds to minority business2535
enterprises and to community improvement corporations and, Ohio2536
development corporations, minority contractors business assistance2537
organizations, and minority business supplier development2538
councils for the purpose of loaning funds to minority business2539
enterprises and for the purpose of procuring or improving real or2540
personal property, or both, for the establishment, location, or2541
expansion of industrial, distribution, commercial, or research2542
facilities in the state, if the director determines, in the2543
director's sole discretion, that all of the following apply:2544

       (1) The project is economically sound and will benefit the2545
people of the state by increasing opportunities for employment, by2546
strengthening the economy of the state, or expanding minority2547
business enterprises;.2548

       (2) The proposed minority business enterprise borrower is2549
unable to finance the proposed project through ordinary financial2550
channels at comparable terms;.2551

       (3) The value of the project is, or, upon completion2552
thereof, will be, at least equal to the total amount of the money2553
expended in the procurement or improvement of the project, and of2554
which amount one or more financial institutions or other2555
governmental entities have loaned not less than thirty per cent;2556
of that amount.2557

       (4) The amount to be loaned by the director will not exceed2558
sixty per cent of the total amount expended in the procurement or2559
improvement of the project;.2560

       (5) The amount to be loaned by the director will be2561
adequately secured by a first or second mortgage upon the project,2562
or by mortgages, leases, liens, assignments, or pledges on or of2563
other property or contracts as the director requires, and that2564
such mortgage will not be subordinate to any other liens or2565
mortgages except the liens securing loans or investments made by2566
financial institutions referred to in division (A)(3) of this2567
section, and the liens securing loans previously made by any2568
financial institution in connection with the procurement or2569
expansion of all or part of a project.2570

       (B) Any proposed minority business enterprise borrower2571
submitting an application for assistance under this section shall2572
not have defaulted on a previous loan from the director, and no2573
full or limited partner, or major shareholder, or holder of an2574
equity interest of the proposed minority business enterprise2575
borrower shall have defaulted on a loan from the director;.2576

       (C) The proposed minority business enterprise borrower shall2577
demonstrate to the satisfaction of the director that it is able to2578
successfully compete in the private sector if it obtains the2579
necessary financial, technical, or managerial support and that2580
support is available through the director, the minority business2581
development office of the department of development, or other2582
identified and acceptable sources. In determining whether a2583
minority business enterprise borrower will be able to successfully2584
compete, the director may give consideration to such factors as2585
the successful completion of or participation in courses of study,2586
recognized by the board of regents as providing financial,2587
technical, or managerial skills related to the operation of the2588
business, by the economically disadvantaged individual, owner, or2589
partner, and the prior success of the individual, owner, or2590
partner in personal, career, or business activities, as well as to2591
other factors identified by the director.2592

       (D) The director shall not lend funds for the purpose of2593
procuring or improving motor vehicles, power-driven vehicles,2594
office equipment, raw materials, small tools, supplies,2595
inventories, or accounts receivable.2596

       Sec. 122.92.  There is hereby created in the department of2597
development a minority business development division. The2598
division shall do all of the following:2599

       (A) Provide technical, managerial, and counseling services2600
and assistance to minority business enterprises;2601

       (B) Provide procurement and bid packaging assistance to2602
minority business enterprises;2603

       (C) Provide bonding technical assistance to minority2604
business enterprises;2605

       (D) Participate with other state departments and agencies as2606
appropriate in developing specific plans and specific program2607
goals for programs to assist in the establishment and development2608
of minority business enterprises and establish regular performance2609
monitoring and reporting systems to ensure that those goals are2610
being achieved;2611

       (E) Implement state law and policy supporting minority2612
business enterprise development, and assist in the coordination of2613
plans, programs, and operations of state government which affect2614
or may contribute to the establishment, preservation, and2615
strengthening of minority business enterprises;2616

       (F) Assist in the coordination of activities and resources2617
of state agencies and local governments, business and trade2618
associations, universities, foundations, professional2619
organizations, and volunteer and other groups, to promote the2620
growth of minority business enterprises;2621

       (G) Establish a center for the development, collection, and2622
dissemination of information that will be helpful to persons in2623
establishing or expanding minority business enterprises in this2624
state;2625

       (H) Design, implement, and assist in experimental and2626
demonstration projects designed to overcome the special problems2627
of minority business enterprises;2628

       (I) Coordinate reviews of all proposed state training and2629
technical assistance activities in direct support of minority2630
business enterprise programs to ensure consistency with program2631
goals and to preclude duplication of efforts by other state2632
agencies;2633

       (J) Recommend appropriate legislative or executive actions2634
to enhance minority business enterprise opportunities in the2635
state;2636

       (K) Assist minority business enterprises in obtaining2637
governmental or commercial financing for business expansion,2638
establishment of new businesses, or industrial development2639
projects;2640

       (L) Assist minority business enterprises in contract2641
procurement from government and commercial sources;2642

       (M) Establish procedures to identify groups who have been2643
disadvantaged because of racial, cultural, or ethnic circumstances2644
without regard to the individual qualities of the members of the2645
group;2646

       (N) Establish procedures to identify persons who have been2647
economically disadvantaged;2648

       (O) Provide grant assistance to nonprofit entities that2649
promote economic development, development corporations, community2650
improvement corporations, and incubator business entities, if the2651
entities or corporations focus on business, technical, and2652
financial assistance to minority business enterprises to assist2653
the enterprises with fixed asset financing;2654

       (P) Do all acts and things necessary or proper to carry out2655
the powers expressly granted and duties imposed by sections 122.922656
to 122.94 of the Revised Code.2657

       Sec. 125.22.  (A) The department of administrative services2658
shall establish the central service agency to perform routine2659
support for the following boards and commissions:2660

       (1) State board of examiners of architects;2661

       (2) Barber board;2662

       (3) State chiropractic board;2663

       (4) State board of cosmetology;2664

       (5) Accountancy board;2665

       (6) State dental board;2666

       (7) State board of optometry;2667

       (8) Ohio occupational therapy, physical therapy, and2668
athletic trainers board;2669

       (9) State board of registration for professional engineers2670
and surveyors;2671

       (10) State board of sanitarian registration;2672

       (11) Board of embalmers and funeral directors;2673

       (12) State board of psychology;2674

       (13) Ohio optical dispensers board;2675

       (14) Board of speech pathology and audiology;2676

       (15) Counselor and social worker board;2677

       (16) State veterinary medical licensing board;2678

       (17) Ohio board of dietetics;2679

       (18) Commission on Hispanic-Latino affairs;2680

       (19) Ohio respiratory care board;2681

       (20) Ohio commission on African-American males.2682

       (B)(1) Notwithstanding any other section of the Revised2683
Code, the agency shall perform the following routine support2684
services for the boards and commissions named in division (A) of2685
this section unless the controlling board exempts a board or2686
commission from this requirement on the recommendation of the2687
director of administrative services:2688

       (a) Preparing and processing payroll and other personnel2689
documents;2690

       (b) Preparing and processing vouchers, purchase orders,2691
encumbrances, and other accounting documents;2692

       (c) Maintaining ledgers of accounts and balances;2693

       (d) Preparing and monitoring budgets and allotment plans in2694
consultation with the boards and commissions;2695

       (e) Maintaining information required by section 3729.40 of2696
the Revised Code;2697

       (f) Other routine support services that the director of2698
administrative services considers appropriate to achieve2699
efficiency.2700

       (2) The agency may perform other services which a board or2701
commission named in division (A) of this section delegates to the2702
agency and the agency accepts.2703

       (3) The agency may perform any service for any professional2704
or occupational licensing board not named in division (A) of this2705
section or any commission if the board or commission requests such2706
service and the agency accepts.2707

       (C) The director of administrative services shall be the2708
appointing authority for the agency.2709

       (D) The agency shall determine the fees to be charged to the2710
boards and commissions, which shall be in proportion to the2711
services performed for each board or commission.2712

       (E) Each board or commission named in division (A) of this2713
section and any other board or commission requesting services from2714
the agency shall pay these fees to the agency from the general2715
revenue fund maintenance account of the board or commission or2716
from such other fund as the operating expenses of the board or2717
commission are paid. Any amounts set aside for a fiscal year by a2718
board or commission to allow for the payment of fees shall be used2719
only for the services performed by the agency in that fiscal year.2720
All receipts collected by the agency shall be deposited in the2721
state treasury to the credit of the central service agency fund,2722
which is hereby created. All expenses incurred by the agency in2723
performing services for the boards or commissions shall be paid2724
from the fund.2725

       (F) Nothing in this section shall be construed as a grant of2726
authority for the central service agency to initiate or deny2727
personnel or fiscal actions for the boards and commissions.2728

       Sec. 126.11.  (A)(1) The director of budget and management2729
shall, upon consultation with the treasurer of state, coordinate2730
and approve the scheduling of initial sales of publicly offered2731
securities of the state and of publicly offered fractionalized2732
interests in or securitized issues of public obligations of the2733
state. The director shall from time to time develop and2734
distribute to state issuers an approved sale schedule for each of2735
the obligations covered by this division (A) of this section. This2736
division Division (A) of this section applies only to those2737
nonconduit obligations on which the state or a state agency is the2738
direct obligor or obligor on any backup security or related credit2739
enhancement facility or source of money subject to state2740
appropriations that is intended for payment of those obligations.2741

       (2) The issuers of obligations pursuant to section 151.03,2742
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code2743
shall submit to the director:2744

       (a) For review and approval: the projected sale date,2745
amount, and type of obligations proposed to be sold; their2746
purpose, security, and source of payment; and the proposed2747
structure and maturity schedule;2748

       (b) For review and comment: the authorizing order or2749
resolution; preliminary and final offering documents; method of2750
sale; preliminary and final pricing information; and any written2751
reports or recommendations of financial advisors or consultants2752
relating to those obligations;2753

       (c) Promptly after each sale of those obligations: final2754
terms, including sale price, maturity schedule and yields, and2755
sources and uses; names of the original purchasers or2756
underwriters; a copy of the final offering document and of the2757
transcript of proceedings; and any other pertinent information2758
requested by the director.2759

       (3) The issuer of obligations pursuant to section 151.06 or2760
151.08 or Chapter 154. or 3318. of the Revised Code shall submit2761
to the director:2762

       (a) For review and mutual agreement: the projected sale2763
date, amount, and type of obligations proposed to be sold; their2764
purpose, security, and source of payment; and the proposed2765
structure and maturity schedule;2766

       (b) For review and comment: the authorizing order or2767
resolution; preliminary and final offering documents; method of2768
sale; preliminary and final pricing information; and any written2769
reports or recommendations of financial advisors or consultants2770
relating to those obligations;2771

       (c) Promptly after each sale of those obligations: final2772
terms, including sale price, maturity schedule and yields, and2773
sources and uses; names of the original purchasers or2774
underwriters; a copy of the final offering document and of the2775
transcript of proceedings; and any other pertinent information2776
requested by the director.2777

       (4) The issuers of obligations pursuant to Chapter 166.,2778
4981., 5540., or 6121., or section 5531.10, of the Revised Code2779
shall submit to the director:2780

       (a) For review and comment: the projected sale date, amount,2781
and type of obligations proposed to be sold; the purpose,2782
security, and source of payment; and preliminary and final2783
offering documents;2784

       (b) Promptly after each sale of those obligations: final2785
terms, including a maturity schedule; names of the original2786
purchasers or underwriters; a copy of the complete continuing2787
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent2788
rule as from time to time in effect; and any other pertinent2789
information requested by the director.2790

       (5) Not later than thirty days after the end of a fiscal2791
year, each issuer of obligations subject to divisions (A) and (B)2792
of this section shall submit to the director and to the treasurer2793
of state a sale plan for the then current fiscal year for each2794
type of obligation, projecting the amount and term of each2795
issuance, the method of sale, and the month of sale.2796

       (B) Issuers of obligations pursuant to section 3318.085 or2797
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,2798
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of2799
securities issued pursuant to Chapter 165. of the Revised Code2800
other than a county or municipal corporation, shall submit to the2801
director copies of the preliminary and final offering documents2802
upon their availability if not previously submitted pursuant to2803
division (A) of this section.2804

       (C) Not later than the first day of January of each year,2805
every state agency obligated to make payments on outstanding2806
public obligations with respect to which fractionalized interests2807
have been publicly issued, such as certificates of participation,2808
shall submit a report to the director of the amounts payable from2809
state appropriations under those public obligations during the2810
then current and next two fiscal years, identifying the2811
appropriation or intended appropriation from which payment is2812
expected to be made.2813

       (D)(1) Information relating generally to the historic,2814
current, or future demographics or economy or financial condition2815
or funds or general operations of the state, and descriptions of2816
any state contractual obligations relating to public obligations,2817
to be contained in any offering document, continuing disclosure2818
document, or written presentation prepared, approved, or provided,2819
or committed to be provided, by an issuer in connection with the2820
original issuance and sale of, or rating, remarketing, or credit2821
enhancement facilities relating to, public obligations referred to2822
in division (A) of this section shall be approved as to format and2823
accuracy by the director before being presented, published, or2824
disseminated in preliminary, draft, or final form, or publicly2825
filed in paper, electronic, or other format.2826

       (2) Except for information described in division (D)(1) of2827
this section that is to be contained in an offering document,2828
continuing disclosure document, or written presentation, division2829
(D)(1) of this section does not inhibit direct communication2830
between an issuer and a rating agency, remarketing agent, or2831
credit enhancement provider concerning an issuance of public2832
obligations referred to in division (A) of this section or matters2833
associated with that issuance.2834

       (3) The materials approved and provided pursuant to division2835
(D) of this section are the information relating to the particular2836
subjects provided by the state or state agencies that are required2837
or contemplated by any applicable state or federal securities laws2838
and any commitments by the state or state agencies made under2839
those laws. Reliance for the purpose should not be placed on any2840
other information publicly provided, in any format including2841
electronic, by any state agency for other purposes, including2842
general information provided to the public or to portions of the2843
public. A statement to that effect shall be included in those2844
materials so approved or provided.2845

       (E) Issuers of obligations referred to in division (A) of2846
this section may take steps, by formal agreement, covenants in the2847
proceedings, or otherwise, as may be necessary or appropriate to2848
comply or permit compliance with applicable lawful disclosure2849
requirements relating to those obligations, and may, subject to2850
division (D) of this section, provide, make available, or file2851
copies of any required disclosure materials as necessary or2852
appropriate. Any such formal agreement or covenant relating to2853
subjects referred to in division (D) of this section, and any2854
description of that agreement or covenant to be contained in any2855
offering document, shall be approved by the director before being2856
entered into or published or publicly disseminated in preliminary,2857
draft, or final form or publicly filed in paper, electronic, or2858
other format. The director shall be responsible for making all2859
filings in compliance with those requirements relating to direct2860
obligations of the state, including fractionalized interests in2861
those obligations.2862

       (F) No state agency or official shall, without the approval2863
of the director of budget and management, do either of the2864
following:2865

       (1) Enter into or commit to enter into a public obligation2866
under which fractionalized interests in the payments are to be2867
publicly offered, which payments are anticipated to be made from2868
money from any source appropriated or to be appropriated by the2869
general assembly or in which the provision stated in section 9.942870
of the Revised Code is not included;2871

       (2) Except as otherwise expressly authorized for the purpose2872
by law, agree or commit to provide, from money from any source to2873
be appropriated in the future by the general assembly, financial2874
assistance to or participation in the costs of capital facilities,2875
or the payment of debt charges, directly or by way of a credit2876
enhancement facility, a reserve, rental payments, or otherwise, on2877
obligations issued to pay costs of capital facilities.2878

       (G) As used in this section, "credit enhancement2879
facilities," "debt charges," "fractionalized interests in public2880
obligations," "obligor," "public issuer," and "securities" have2881
the same meanings as in section 133.01 of the Revised Code;2882
"public obligation" has the same meaning as in division (GG)(2) of2883
section 133.01 of the Revised Code; "obligations" means securities2884
or public obligations or fractionalized interests in them;2885
"issuers" means issuers of securities or state obligors on public2886
obligations; "offering document" means an official statement,2887
offering circular, private placement memorandum, or prospectus, or2888
similar document; and "director" means the director of budget and2889
management or the employee of the office of budget and management2890
designated by the director for the purpose.2891

       Sec. 126.21.  (A) The director of budget and management2892
shall do all of the following:2893

       (1) Keep all necessary accounting records;2894

       (2) Prescribe and maintain the accounting system of the2895
state and establish appropriate accounting procedures and charts2896
of accounts;2897

       (3) Establish procedures for the use of written, electronic,2898
optical, or other communications media for approving payment2899
vouchers;2900

       (4) Reconcile, in the case of any variation between the2901
amount of any appropriation and the aggregate amount of items of2902
the appropriation, with the advice and assistance of the state2903
agency affected by it and the legislative budget office of the2904
legislative service commission, totals so as to correspond in the2905
aggregate with the total appropriation. In the case of a conflict2906
between the item and the total of which it is a part, the item2907
shall be considered the intended appropriation.2908

       (5) Evaluate on an ongoing basis and, if necessary,2909
recommend improvements to the internal controls used in state2910
agencies;2911

       (6) Authorize the establishment of petty cash accounts. The2912
director of budget and management may withdraw approval for any2913
petty cash account and require the officer in charge to return to2914
the state treasury any unexpended balance shown by the officer's2915
accounts to be on hand. Any officer who is issued a warrant for2916
petty cash shall render a detailed account of the expenditures of2917
the petty cash and shall report when requested the balance of2918
petty cash on hand at any time.2919

       (7) Process orders, invoices, vouchers, claims, and payrolls2920
and prepare financial reports and statements;2921

       (8) Perform extensions, reviews, and compliance checks prior2922
to approving a payment as the director considers necessary;2923

       (9) Issue the official comprehensive annual financial report2924
of the state. The report shall cover all funds and account groups2925
of the state reporting entity and shall include general purpose2926
basic financial statements and required supplementary information2927
prepared in accordance with generally accepted accounting2928
principles and other information as the director provides. All2929
state agencies, authorities, institutions, offices, retirement2930
systems, and other component units of the state reporting entity2931
as determined by the director shall furnish the director whatever2932
financial statements and other information the director requests2933
for the report, in the form, at the times, covering the periods,2934
and with the attestation the director prescribes. The information2935
for state institutions of higher education, as defined in section2936
3345.011 of the Revised Code, shall be submitted to the director2937
by the Ohio board of regents. The board shall establish a due2938
date by which each such institution shall submit the information2939
to the board, but no such date shall be later than one hundred2940
twenty days after the end of the state fiscal year unless a later2941
date is approved by the director.2942

       (B) In addition to the director's duties under division (A)2943
of this section, the director of budget and management may2944
establish and administer one or more state payment card programs2945
that permit or require state agencies to use a payment card to2946
purchase equipment, materials, supplies, or services in accordance2947
with guidelines issued by the director. The director may contract2948
with one or more vendors to provide the payment cards and payment2949
card services. State agencies may only participate in state2950
payment card programs that the director establishes pursuant to2951
this section.2952

       Sec. 127.16.  (A) Upon the request of either a state agency2953
or the director of budget and management and after the controlling2954
board determines that an emergency or a sufficient economic reason2955
exists, the controlling board may approve the making of a purchase2956
without competitive selection as provided in division (B) of this2957
section.2958

       (B) Except as otherwise provided in this section, no state2959
agency, using money that has been appropriated to it directly,2960
shall:2961

       (1) Make any purchase from a particular supplier, that would2962
amount to fifty thousand dollars or more when combined with both2963
the amount of all disbursements to the supplier during the fiscal2964
year for purchases made by the agency and the amount of all2965
outstanding encumbrances for purchases made by the agency from the2966
supplier, unless the purchase is made by competitive selection or2967
with the approval of the controlling board;2968

       (2) Lease real estate from a particular supplier, if the2969
lease would amount to seventy-five thousand dollars or more when2970
combined with both the amount of all disbursements to the supplier2971
during the fiscal year for real estate leases made by the agency2972
and the amount of all outstanding encumbrances for real estate2973
leases made by the agency from the supplier, unless the lease is2974
made by competitive selection or with the approval of the2975
controlling board.2976

       (C) Any person who authorizes a purchase in violation of2977
division (B) of this section shall be liable to the state for any2978
state funds spent on the purchase, and the attorney general shall2979
collect the amount from the person.2980

       (D) Nothing in division (B) of this section shall be2981
construed as:2982

       (1) A limitation upon the authority of the director of2983
transportation as granted in sections 5501.17, 5517.02, and2984
5525.14 of the Revised Code;2985

       (2) Applying to medicaid provider agreements under Chapter2986
5111. of the Revised Code or payments or provider agreements under2987
disability assistance medical assistance established under Chapter2988
5115. of the Revised Code;2989

       (3) Applying to the purchase of examinations from a sole2990
supplier by a state licensing board under Title XLVII of the2991
Revised Code;2992

       (4) Applying to entertainment contracts for the Ohio state2993
fair entered into by the Ohio expositions commission, provided2994
that the controlling board has given its approval to the2995
commission to enter into such contracts and has approved a total2996
budget amount for such contracts as agreed upon by commission2997
action, and that the commission causes to be kept itemized records2998
of the amounts of money spent under each contract and annually2999
files those records with the clerk of the house of representatives3000
and the clerk of the senate following the close of the fair;3001

       (5) Limiting the authority of the chief of the division of3002
mineral resources management to contract for reclamation work with3003
an operator mining adjacent land as provided in section 1513.27 of3004
the Revised Code;3005

       (6) Applying to investment transactions and procedures of3006
any state agency, except that the agency shall file with the board3007
the name of any person with whom the agency contracts to make,3008
broker, service, or otherwise manage its investments, as well as3009
the commission, rate, or schedule of charges of such person with3010
respect to any investment transactions to be undertaken on behalf3011
of the agency. The filing shall be in a form and at such times as3012
the board considers appropriate.3013

       (7) Applying to purchases made with money for the per cent3014
for arts program established by section 3379.10 of the Revised3015
Code;3016

       (8) Applying to purchases made by the rehabilitation3017
services commission of services, or supplies, that are provided to3018
persons with disabilities, or to purchases made by the commission3019
in connection with the eligibility determinations it makes for3020
applicants of programs administered by the social security3021
administration;3022

       (9) Applying to payments by the department of job and family3023
services under section 5111.13 of the Revised Code for group3024
health plan premiums, deductibles, coinsurance, and other3025
cost-sharing expenses;3026

       (10) Applying to any agency of the legislative branch of the3027
state government;3028

       (11) Applying to agreements or contracts entered into under3029
section 5101.11, 5101.21, or 5101.211 of the Revised Code;3030

       (12) Applying to purchases of services by the adult parole3031
authority under section 2967.14 of the Revised Code or by the3032
department of youth services under section 5139.08 of the Revised3033
Code;3034

       (13) Applying to dues or fees paid for membership in an3035
organization or association;3036

       (14) Applying to purchases of utility services pursuant to3037
section 9.30 of the Revised Code;3038

       (15) Applying to purchases made in accordance with rules3039
adopted by the department of administrative services of motor3040
vehicle, aviation, or watercraft fuel, or emergency repairs of3041
such vehicles;3042

       (16) Applying to purchases of tickets for passenger air3043
transportation;3044

       (17) Applying to purchases necessary to provide public3045
notifications required by law or to provide notifications of job3046
openings;3047

       (18) Applying to the judicial branch of state government;3048

       (19) Applying to purchases of liquor for resale by the3049
division of liquor control;3050

       (20) Applying to purchases of motor courier and freight3051
services made in accordance with department of administrative3052
services rules;3053

       (21) Applying to purchases from the United States postal3054
service and purchases of stamps and postal meter replenishment3055
from vendors at rates established by the United States postal3056
service;3057

       (22) Applying to purchases of books, periodicals, pamphlets,3058
newspapers, maintenance subscriptions, and other published3059
materials;3060

       (23) Applying to purchases from other state agencies,3061
including state-assisted institutions of higher education;3062

       (24) Limiting the authority of the director of environmental3063
protection to enter into contracts under division (D) of section3064
3745.14 of the Revised Code to conduct compliance reviews, as3065
defined in division (A) of that section;3066

       (25) Applying to purchases from a qualified nonprofit agency3067
pursuant to sections 4115.31 to 4115.35 of the Revised Code;3068

       (26) Applying to payments by the department of job and3069
family services to the United States department of health and3070
human services for printing and mailing notices pertaining to the3071
tax refund offset program of the internal revenue service of the3072
United States department of the treasury;3073

       (27) Applying to contracts entered into by the department of3074
mental retardation and developmental disabilities under sections3075
5123.18, 5123.182, and 5111.252 of the Revised Code;3076

       (28) Applying to payments made by the department of mental3077
health under a physician recruitment program authorized by section3078
5119.101 of the Revised Code;3079

       (29) Applying to contracts entered into with persons by the3080
director of commerce for unclaimed funds collection and remittance3081
efforts as provided in division (F) of section 169.03 of the3082
Revised Code. The director shall keep an itemized accounting of3083
unclaimed funds collected by those persons and amounts paid to3084
them for their services.3085

       (30) Applying to purchases made by a state institution of3086
higher education in accordance with the terms of a contract3087
between the vendor and an inter-university purchasing group3088
comprised of purchasing officers of state institutions of higher3089
education;3090

       (31) Applying to the department of job and family services'3091
purchases of health assistance services under the children's3092
health insurance program part I provided for under section 5101.503093
of the Revised Code or the children's health insurance program3094
part II provided for under section 5101.51 of the Revised Code;3095

       (32) Applying to payments by the attorney general from the3096
reparations fund to hospitals and other emergency medical3097
facilities for performing medical examinations to collect physical3098
evidence pursuant to section 2907.28 of the Revised Code.3099

       (E) Notwithstanding division (B)(1) of this section, the3100
cumulative purchase threshold shall be seventy-five thousand3101
dollars for the departments of mental retardation and3102
developmental disabilities, mental health, rehabilitation and3103
correction, and youth services.3104

       (F) When determining whether a state agency has reached the3105
cumulative purchase thresholds established in divisions (B)(1),3106
(B)(2), and (E) of this section, all of the following purchases by3107
such agency shall not be considered:3108

       (1) Purchases made through competitive selection or with3109
controlling board approval;3110

       (2) Purchases listed in division (D) of this section;3111

       (3) For the purposes of the thresholds of divisions (B)(1)3112
and (E) of this section only, leases of real estate.3113

       (G) As used in this section, "competitive selection,"3114
"purchase," "supplies," and "services" have the same meanings as3115
in section 125.01 of the Revised Code.3116

       Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,3117
125., 126., 127., and 131. of the Revised Code, and any statute3118
that uses the terms in connection with state accounting or3119
budgeting:3120

       (A) "Account" means any record, element, or summary in which3121
financial transactions are identified and recorded as debit or3122
credit transactions in order to summarize items of a similar3123
nature or classification.3124

       (B) "Accounting procedure" means the arrangement of all3125
processes which discover, record, and summarize financial3126
information to produce financial statements and reports and to3127
provide internal control.3128

       (C) "Accounting system" means the total structure of records3129
and procedures which discover, record, classify, and report3130
information on the financial position and operations of a3131
governmental unit or any of its funds, balanced account groups,3132
and organizational components.3133

       (D) "Allocation" means a portion of an appropriation which is3134
designated for expenditure by specific organizational units or for3135
special purposes, activities, or objects that do not relate to a3136
period of time.3137

       (E) "Allotment" means all or part of an appropriation which3138
may be encumbered or expended within a specific period of time.3139

       (F) "Appropriation" means an authorization granted by the3140
general assembly to make expenditures and to incur obligations for3141
specific purposes.3142

       (G) "Assets" means resources owned, controlled, or otherwise3143
used or held by the state which have monetary value.3144

       (H) "Budget" means the plan of financial operation embodying3145
an estimate of proposed expenditures and obligations for a given3146
period and the proposed means of financing them.3147

       (I) "Direct deposit" is a form of electronic funds transfer3148
in which money is electronically deposited into the account of a3149
person or entity at a financial institution.3150

       (J) "Disbursement" means a payment made for any purpose.3151

       (K) "Electronic benefit transfer" means the electronic3152
delivery of benefits through automated teller machines, point of3153
sale terminals, or other electronic media pursuant to section3154
5101.33 of the Revised Code.3155

       (L) "Electronic funds transfer" means the electronic movement3156
of funds via automated clearing house or wire transfer.3157

       (M) "Encumbrancing document" means a document reserving all3158
or part of an appropriation.3159

       (N) "Expenditure" means a reduction of the balance of an3160
appropriation after legal requirements have been met.3161

       (O) "Fund" means an independent fiscal and accounting entity3162
with a self-balancing set of accounts recording cash or other3163
resources, together with all related liabilities, obligations,3164
reserves, and fund balances which are segregated for the purpose3165
of carrying on specific activities or attaining certain objectives3166
in accordance with special rules, restrictions, or limitations.3167

       (P) "Lapse" means the automatic termination of an3168
appropriation at the end of the fiscal period for which it was3169
appropriated.3170

       (Q) "Reappropriation" means an appropriation of a previous3171
appropriation that is continued in force in a succeeding3172
appropriation period. "Reappropriation" shall be equated with and3173
incorporated in the term "appropriation."3174

       (R) "Voucher" means the document used to transmit a claim for3175
payment and evidentiary matter related to the claim.3176

       (S) "Warrant" means an order drawn upon the treasurer of3177
state by the auditor of state directing the treasurer of state to3178
pay a specified amount, including an order to make a lump-sum3179
payment to a financial institution for the transfer of funds by3180
direct deposit or the drawdown of funds by electronic benefit3181
transfer, and the resulting electronic transfer to or by the3182
ultimate payees.3183

       The terms defined in this section shall be used, on all3184
accounting forms, reports, formal rules, and budget requests3185
produced by a state agency, only as defined in this section.3186

       Sec. 133.021.  The general assembly hereby finds and declares3187
that the "Tax Reform Act of 1986" (the "Act") establishes a3188
unified volume ceiling on the aggregate amount of private activity3189
bonds which can be issued in each state. The unified volume3190
ceiling is the product of seventy-five dollars multiplied by the3191
state population in 1987 and fifty dollars multiplied by the state3192
population in each succeeding calendar year.3193

       The general assembly further finds and declares that the Act3194
requires the state to allocate its volume ceiling according to a3195
specified formula unless a different procedure is established by3196
the governor or general assembly.3197

       The general assembly further finds and declares that pursuant3198
to authorization of state legislation the general assembly has, by3199
division (D)(3) of section 133.02 of the Revised Code, effective3200
October 30, 1989, provided for delegating such function to the3201
governor and for further delegation as therein provided, subject3202
to such prospectively effective actions as may subsequently be3203
taken by the general assembly.3204

       The general assembly further finds and declares that it3205
desires to by legislation provide for an efficient, effective, and3206
equitable procedure under which the state will allocate the3207
unified volume ceiling.3208

       The general assembly therefore finds and declares that it is3209
necessary to create the joint select committee on volume cap to3210
create a process for the allocation of the unified volume ceiling.3211

       (A) Pursuant to section 146(e)(2)(B)(ii) of the Internal3212
Revenue Code, which provides that a state may by law provide a3213
different formula for allocating the state ceiling, there is3214
hereby created the joint select committee on volume cap to provide3215
for the allocation and the reallocation of the unified volume3216
ceiling among the governmental units (or other authorities) in the3217
state having authority to issue tax exempt private activity bonds.3218

       (B) The committee shall consist of eight members. Two3219
members shall be from the house of representatives appointed by3220
the speaker of the house of representatives; two members shall be3221
from the senate appointed by the president of the senate; and four3222
members shall be appointed by the governor. Each member shall be3223
selected for his or her the member's knowledge and experience in3224
tax exempt private activity bonds. The members shall serve at the3225
pleasure of the appointing authority. A vacancy shall be filled3226
in the same manner as the original appointment.3227

       (C) The purpose of the committee shall be to maximize the3228
economic benefits of the unified volume ceiling to all citizens of3229
the state. To this end, the joint select committee on volume cap3230
shall:3231

       (1) Annually, survey the governmental units (or other3232
authorities) in the state having authority to issue tax exempt3233
private activity bonds concerning:3234

       (a) The amount of tax exempt private activity bonds issued3235
for the previous calendar year; and3236

       (b) The amount requested for the calendar year allocation3237
currently under consideration.3238

       (2) Set forth procedures for making allocations,3239
reallocation and carry forward of the state's unified volume3240
ceiling in accordance with the Act;3241

       (3)(2) Develop strategies for allocating and reallocating3242
the unified volume ceiling which are designed to maximize the3243
availability of tax exempt private activity bonds among competing3244
sectors of the state.3245

       (D) To provide for the orderly and prompt issuance of3246
private activity bonds, the committee is authorized to allocate3247
the unified volume ceiling among those governmental units (or3248
other authorities) in the state having authority to issue tax3249
exempt private activity bonds. The committee shall reserve a3250
portion of the unified volume ceiling to be allocated for3251
multi-family rental housing projects. The committee in3252
determination of unified volume ceiling allocations and3253
reallocations shall consider the following:3254

       (1) The interest of the state with regard to long-term3255
economic development, housing, education, redevelopment, and solid3256
waste management;3257

       (2) The projected increase of jobs in the state;3258

       (3) The needs of political subdivisions.3259

       (E) The director of development shall adopt rules in3260
accordance with Chapter 119. of the Revised Code to carry out the3261
purposes of this section.3262

       Sec. 133.06.  (A) A school district shall not incur, without3263
a vote of the electors, net indebtedness that exceeds an amount3264
equal to one-tenth of one per cent of its tax valuation, except as3265
provided in divisions (G) and (H) of this section and in division3266
(C) of section 3313.372 of the Revised Code, or as prescribed in3267
section 3318.052 of the Revised Code.3268

       (B) Except as provided in divisions (E) and, (F), and (I) of3269
this section, a school district shall not incur net indebtedness3270
that exceeds an amount equal to nine per cent of its tax3271
valuation.3272

       (C) A school district shall not submit to a vote of the3273
electors the question of the issuance of securities in an amount3274
that will make the district's net indebtedness after the issuance3275
of the securities exceed an amount equal to four per cent of its3276
tax valuation, unless the superintendent of public instruction,3277
acting under policies adopted by the state board of education, and3278
the tax commissioner, acting under written policies of the3279
commissioner, consent to the submission. A request for the3280
consents shall be made at least thirty days prior to the election3281
at which the question is to be submitted, except that the3282
superintendent of public instruction and the tax commissioner may3283
waive this thirty-day deadline or grant their consents after the3284
election if the school district shows good cause for such waiver3285
or consent after the election.3286

       (D) In calculating the net indebtedness of a school3287
district, none of the following shall be considered:3288

       (1) Securities issued to acquire school buses and other3289
equipment used in transporting pupils or issued pursuant to3290
division (D) of section 133.10 of the Revised Code;3291

       (2) Securities issued under division (F) of this section,3292
under section 133.301 of the Revised Code, and, to the extent in3293
excess of the limitation stated in division (B) of this section,3294
under division (E) of this section;3295

       (3) Indebtedness resulting from the dissolution of a joint3296
vocational school district under section 3311.217 of the Revised3297
Code, evidenced by outstanding securities of that joint vocational3298
school district;3299

       (4) Loans, evidenced by any securities, received under3300
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the3301
Revised Code;3302

       (5) Debt incurred under section 3313.374 of the Revised3303
Code;3304

       (6) Debt incurred pursuant to division (B)(5) of section3305
3313.37 of the Revised Code to acquire computers and related3306
hardware;3307

       (7) Debt incurred under section 3318.041 of the Revised3308
Code.3309

       (E) A school district may become a special needs district as3310
to certain securities as provided in division (E) of this section.3311

       (1) A board of education, by resolution, may declare its3312
school district to be a special needs district by determining both3313
of the following:3314

       (a) The student population is not being adequately serviced3315
by the existing permanent improvements of the district.3316

       (b) The district cannot obtain sufficient funds by the3317
issuance of securities within the limitation of division (B) of3318
this section to provide additional or improved needed permanent3319
improvements in time to meet the needs.3320

       (2) The board of education shall certify a copy of that3321
resolution to the superintendent of public instruction with a3322
statistical report showing all of the following:3323

       (a) A history of and a projection of the growth of the3324
student population;3325

       (b) The history of and a projection of the growth of the tax3326
valuation;3327

       (c) The projected needs;3328

       (d) The estimated cost of permanent improvements proposed to3329
meet such projected needs.3330

       (3) The superintendent of public instruction shall certify3331
the district as an approved special needs district if the3332
superintendent finds both of the following:3333

       (a) The district does not have available sufficient3334
additional funds from state or federal sources to meet the3335
projected needs.3336

       (b) The projection of the potential average growth of tax3337
valuation during the next five years, according to the information3338
certified to the superintendent and any other information the3339
superintendent obtains, indicates a likelihood of potential3340
average growth of tax valuation of the district during the next3341
five years of an average of not less than three per cent per year.3342
The findings and certification of the superintendent shall be3343
conclusive.3344

       (4) An approved special needs district may incur net3345
indebtedness by the issuance of securities in accordance with the3346
provisions of this chapter in an amount that does not exceed an3347
amount equal to the greater of the following:3348

       (a) Nine per cent of the sum of its tax valuation plus an3349
amount that is the product of multiplying that tax valuation by3350
the percentage by which the tax valuation has increased over the3351
tax valuation on the first day of the sixtieth month preceding the3352
month in which its board determines to submit to the electors the3353
question of issuing the proposed securities;3354

       (b) Nine per cent of the sum of its tax valuation plus an3355
amount that is the product of multiplying that tax valuation by3356
the percentage, determined by the superintendent of public3357
instruction, by which that tax valuation is projected to increase3358
during the next ten years.3359

       (F) A school district may issue securities for emergency3360
purposes, in a principal amount that does not exceed an amount3361
equal to three per cent of its tax valuation, as provided in this3362
division.3363

       (1) A board of education, by resolution, may declare an3364
emergency if it determines both of the following:3365

       (a) School buildings or other necessary school facilities in3366
the district have been wholly or partially destroyed, or condemned3367
by a constituted public authority, or that such buildings or3368
facilities are partially constructed, or so constructed or planned3369
as to require additions and improvements to them before the3370
buildings or facilities are usable for their intended purpose, or3371
that corrections to permanent improvements are necessary to remove3372
or prevent health or safety hazards.3373

       (b) Existing fiscal and net indebtedness limitations make3374
adequate replacement, additions, or improvements impossible.3375

       (2) Upon the declaration of an emergency, the board of3376
education may, by resolution, submit to the electors of the3377
district pursuant to section 133.18 of the Revised Code the3378
question of issuing securities for the purpose of paying the cost,3379
in excess of any insurance or condemnation proceeds received by3380
the district, of permanent improvements to respond to the3381
emergency need.3382

       (3) The procedures for the election shall be as provided in3383
section 133.18 of the Revised Code, except that:3384

       (a) The form of the ballot shall describe the emergency3385
existing, refer to this division as the authority under which the3386
emergency is declared, and state that the amount of the proposed3387
securities exceeds the limitations prescribed by division (B) of3388
this section;3389

       (b) The resolution required by division (B) of section3390
133.18 of the Revised Code shall be certified to the county3391
auditor and the board of elections at least seventy-five days3392
prior to the election;3393

       (c) The county auditor shall advise and, not later than3394
sixty-five days before the election, confirm that advice by3395
certification to, the board of education of the information3396
required by division (C) of section 133.18 of the Revised Code;3397

       (d) The board of education shall then certify its resolution3398
and the information required by division (D) of section 133.18 of3399
the Revised Code to the board of elections not less than sixty3400
days prior to the election.3401

       (4) Notwithstanding division (B) of section 133.21 of the3402
Revised Code, the first principal payment of securities issued3403
under this division may be set at any date not later than sixty3404
months after the earliest possible principal payment otherwise3405
provided for in that division.3406

       (G) The board of education may contract with an architect,3407
professional engineer, or other person experienced in the design3408
and implementation of energy conservation measures for an analysis3409
and recommendations pertaining to installations, modifications of3410
installations, or remodeling that would significantly reduce3411
energy consumption in buildings owned by the district. The report3412
shall include estimates of all costs of such installations,3413
modifications, or remodeling, including costs of design,3414
engineering, installation, maintenance, repairs, and debt service,3415
and estimates of the amounts by which energy consumption and3416
resultant operational and maintenance costs, as defined by the3417
Ohio school facilities commission, would be reduced.3418

       If the board finds after receiving the report that the amount3419
of money the district would spend on such installations,3420
modifications, or remodeling is not likely to exceed the amount of3421
money it would save in energy and resultant operational and3422
maintenance costs over the ensuing fifteen years, the board may3423
submit to the commission a copy of its findings and a request for3424
approval to incur indebtedness to finance the making or3425
modification of installations or the remodeling of buildings for3426
the purpose of significantly reducing energy consumption.3427

       If the commission determines that the board's findings are3428
reasonable, it shall approve the board's request. Upon receipt of3429
the commission's approval, the district may issue securities3430
without a vote of the electors in a principal amount not to exceed3431
nine-tenths of one per cent of its tax valuation for the purpose3432
of making such installations, modifications, or remodeling, but3433
the total net indebtedness of the district without a vote of the3434
electors incurred under this and all other sections of the Revised3435
Code shall not exceed one per cent of the district's tax3436
valuation.3437

       So long as any securities issued under division (G) of this3438
section remain outstanding, the board of education shall monitor3439
the energy consumption and resultant operational and maintenance3440
costs of buildings in which installations or modifications have3441
been made or remodeling has been done pursuant to division (G) of3442
this section and shall maintain and annually update a report3443
documenting the reductions in energy consumption and resultant3444
operational and maintenance cost savings attributable to such3445
installations, modifications, or remodeling. The report shall be3446
certified by an architect or engineer independent of any person3447
that provided goods or services to the board in connection with3448
the energy conservation measures that are the subject of the3449
report. The resultant operational and maintenance cost savings3450
shall be certified by the school district treasurer. The report3451
shall be made available to the commission upon request.3452

       (H) With the consent of the superintendent of public3453
instruction, a school district may incur without a vote of the3454
electors net indebtedness that exceeds the amounts stated in3455
divisions (A) and (G) of this section for the purpose of paying3456
costs of permanent improvements, if and to the extent that both of3457
the following conditions are satisfied:3458

       (1) The fiscal officer of the school district estimates that3459
receipts of the school district from payments made under or3460
pursuant to agreements entered into pursuant to section 725.02,3461
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,3462
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised3463
Code, or distributions under division (C) of section 5709.43 of3464
the Revised Code, or any combination thereof, are, after3465
accounting for any appropriate coverage requirements, sufficient3466
in time and amount, and are committed by the proceedings, to pay3467
the debt charges on the securities issued to evidence that3468
indebtedness and payable from those receipts, and the taxing3469
authority of the district confirms the fiscal officer's estimate,3470
which confirmation is approved by the superintendent of public3471
instruction;3472

       (2) The fiscal officer of the school district certifies, and3473
the taxing authority of the district confirms, that the district,3474
at the time of the certification and confirmation, reasonably3475
expects to have sufficient revenue available for the purpose of3476
operating such permanent improvements for their intended purpose3477
upon acquisition or completion thereof, and the superintendent of3478
public instruction approves the taxing authority's confirmation.3479

       The maximum maturity of securities issued under division (H)3480
of this section shall be the lesser of twenty years or the maximum3481
maturity calculated under section 133.20 of the Revised Code.3482

       (I) A school district may incur net indebtedness by the3483
issuance of securities in accordance with the provisions of this3484
chapter in excess of the limit specified in division (B) of this3485
section when necessary to raise the school district portion of the3486
basic project cost pursuant to Chapter 3318. of the Revised Code.3487
The school facilities commission shall notify the superintendent3488
of public instruction whenever a school district will exceed the3489
nine per cent limit pursuant to this division.3490

       Sec. 133.07.  (A) A county shall not incur, without a vote3491
of the electors, either of the following:3492

       (1) Net indebtedness for all purposes that exceeds an amount3493
equal to one per cent of its tax valuation;3494

       (2) Net indebtedness for the purpose of paying the county's3495
share of the cost of the construction, improvement, maintenance,3496
or repair of state highways that exceeds an amount equal to3497
one-half of one per cent of its tax valuation.3498

       (B) A county shall not incur total net indebtedness that3499
exceeds an amount equal to one of the following limitations that3500
applies to the county:3501

       (1) A county with a valuation not exceeding one hundred3502
million dollars, three per cent of that tax valuation;3503

       (2) A county with a tax valuation exceeding one hundred3504
million dollars but not exceeding three hundred million dollars,3505
three million dollars plus one and one-half per cent of that tax3506
valuation in excess of one hundred million dollars;3507

       (3) A county with a tax valuation exceeding three hundred3508
million dollars, six million dollars plus two and one-half per3509
cent of that tax valuation in excess of three hundred million3510
dollars.3511

       (C) In calculating the net indebtedness of a county, none of3512
the following securities shall be considered:3513

       (1) Securities described in section 307.201 of the Revised3514
Code;3515

       (2) Self-supporting securities issued for any purposes,3516
including, but not limited to, any of the following general3517
purposes:3518

       (a) Water systems or facilities;3519

       (b) Sanitary sewerage systems or facilities, or surface and3520
storm water drainage and sewerage systems or facilities, or a3521
combination of those systems or facilities;3522

       (c) County or joint county scrap tire collection, storage,3523
monocell, monofill, or recovery facilities, or any combination of3524
those facilities;3525

       (d) Off-street parking lots, facilities, or buildings, or3526
on-street parking facilities, or any combination of off-street and3527
on-street parking facilities;3528

       (e) Facilities for the care or treatment of the sick or3529
infirm, and for housing the persons providing that care or3530
treatment and their families;3531

       (f) Recreational, sports, convention, auditorium, museum,3532
trade show, and other public attraction facilities;3533

       (g) Facilities for natural resources exploration,3534
development, recovery, use, and sale;3535

       (h) Correctional and detention facilities and related3536
rehabilitation facilities.3537

       (3) Securities issued for the purpose of purchasing,3538
constructing, improving, or extending water or sanitary or surface3539
and storm water sewerage systems or facilities, or a combination3540
of those systems or facilities, to the extent that an agreement3541
entered into with another subdivision requires the other3542
subdivision to pay to the county amounts equivalent to debt3543
charges on the securities;3544

       (4) Voted general obligation securities issued for the3545
purpose of permanent improvements for sanitary sewerage or water3546
systems or facilities to the extent that the total principal3547
amount of voted securities outstanding for the purpose does not3548
exceed an amount equal to two per cent of the county's tax3549
valuation;3550

       (5) Securities issued for permanent improvements to house3551
agencies, departments, boards, or commissions of the county or of3552
any municipal corporation located, in whole or in part, in the3553
county, to the extent that the revenues, other than revenues from3554
unvoted county property taxes, derived from leases or other3555
agreements between the county and those agencies, departments,3556
boards, commissions, or municipal corporations relating to the use3557
of the permanent improvements are sufficient to cover the cost of3558
all operating expenses of the permanent improvements paid by the3559
county and debt charges on the securities;3560

       (6) Securities issued pursuant to section 133.08 of the3561
Revised Code;3562

       (7) Securities issued for the purpose of acquiring or3563
constructing roads, highways, bridges, or viaducts, for the3564
purpose of acquiring or making other highway permanent3565
improvements, or for the purpose of procuring and maintaining3566
computer systems for the office of the clerk of any3567
county-operated municipal court, for the office of the clerk of3568
the court of common pleas, or for the office of the clerk of the3569
probate, juvenile, or domestic relations division of the court of3570
common pleas to the extent that the legislation authorizing the3571
issuance of the securities includes a covenant to appropriate from3572
moneys distributed to the county pursuant to division (B) of3573
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or3574
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a3575
sufficient amount to cover debt charges on and financing costs3576
relating to the securities as they become due;3577

       (8) Securities issued for the purpose of acquiring,3578
constructing, improving, and equipping a county, multicounty, or3579
multicounty-municipal jail, workhouse, juvenile detention3580
facility, or correctional facility;3581

       (9) Securities issued for the acquisition, construction,3582
equipping, or repair of any permanent improvement or any class or3583
group of permanent improvements enumerated in a resolution adopted3584
pursuant to division (D) of section 5739.026 of the Revised Code3585
to the extent that the legislation authorizing the issuance of the3586
securities includes a covenant to appropriate from moneys received3587
from the taxes authorized under section 5739.023 and division3588
(A)(5) of section 5739.026 of the Revised Code an amount3589
sufficient to pay debt charges on the securities and those moneys3590
shall be pledged for that purpose;3591

       (10) Securities issued for county or joint county solid3592
waste or hazardous waste collection, transfer, or disposal3593
facilities, or resource recovery and solid or hazardous waste3594
recycling facilities, or any combination of those facilities;3595

       (11) Securities issued for the acquisition, construction,3596
and equipping of a port authority educational and cultural3597
facility under section 307.671 of the Revised Code;3598

       (12) Securities issued for the acquisition, construction,3599
equipping, and improving of a municipal educational and cultural3600
facility under division (B)(1) of section 307.672 of the Revised3601
Code;3602

       (13) Securities issued for energy conservation measures3603
under section 307.041 of the Revised Code;3604

       (14) Securities issued for the acquisition, construction,3605
equipping, improving, or repair of a sports facility, including3606
obligations issued to pay costs of a sports facility under section3607
307.673 of the Revised Code;3608

       (15) Securities issued under section 755.17 of the Revised3609
Code if the legislation authorizing issuance of the securities3610
includes a covenant to appropriate from revenue received from a3611
tax authorized under division (A)(5) of section 5739.026 and3612
section 5741.023 of the Revised Code an amount sufficient to pay3613
debt charges on the securities, and the board of county3614
commissioners pledges that revenue for that purpose, pursuant to3615
section 755.171 of the Revised Code;3616

       (16) Sales tax supported bonds issued pursuant to section3617
133.081 of the Revised Code for the purpose of acquiring,3618
constructing, improving, or equipping any permanent improvement to3619
the extent that the legislation authorizing the issuance of the3620
sales tax supported bonds pledges county sales taxes to the3621
payment of debt charges on the sales tax supported bonds and3622
contains a covenant to appropriate from county sales taxes a3623
sufficient amount to cover debt charges or the financing costs3624
related to the sales tax supported bonds as they become due.;3625

       (17) Bonds or notes issued under section 133.60 of the3626
Revised Code if the legislation authorizing issuance of the bonds3627
or notes includes a covenant to appropriate from revenue received3628
from a tax authorized under division (A)(9) of section 5739.0263629
and section 5741.023 of the Revised Code an amount sufficient to3630
pay the debt charges on the bonds or notes, and the board of3631
county commissioners pledges that revenue for that purpose.;3632

       (18) Securities issued under section 3707.55 of the Revised3633
Code for the acquisition of real property by a general health3634
district;3635

       (19) Securities issued under division (A)(3) of section3636
3313.37 of the Revised Code for the acquisition of real and3637
personal property by an educational service center.3638

       (D) In calculating the net indebtedness of a county, no3639
obligation incurred under division (D) of section 339.06 of the3640
Revised Code shall be considered.3641

       Sec. 140.01.  As used in this chapter:3642

       (A) "Hospital agency" means any public hospital agency or any3643
nonprofit hospital agency.3644

       (B) "Public hospital agency" means any county, board of3645
county hospital trustees established pursuant to section 339.02 of3646
the Revised Code, county hospital commission established pursuant3647
to section 339.14 of the Revised Code, municipal corporation, new3648
community authority organized under Chapter 349. of the Revised3649
Code, joint township hospital district, state or municipal3650
university or college operating or authorized to operate a3651
hospital facility, or the state.3652

       (C) "Nonprofit hospital agency" means a corporation or3653
association not for profit, no part of the net earnings of which3654
inures or may lawfully inure to the benefit of any private3655
shareholder or individual, that has authority to own or operate a3656
hospital facility or provides or is to provide services to one or3657
more other hospital agencies.3658

       (D) "Governing body" means, in the case of a county, the3659
board of county commissioners or other legislative body; in the3660
case of a board of county hospital trustees, the board; in the3661
case of a county hospital commission, the commission; in the case3662
of a municipal corporation, the council or other legislative3663
authority; in the case of a new community authority, its board of3664
trustees; in the case of a joint township hospital district, the3665
joint township district hospital board; in the case of a state or3666
municipal university or college, its board of trustees or board of3667
directors; in the case of a nonprofit hospital agency, the board3668
of trustees or other body having general management thereof of the3669
agency; and, in the case of the state, the director of development3670
or the Ohio higher educational facility commission.3671

       (E) "Hospital facilities" means buildings, structures and3672
other improvements, additions thereto and extensions thereof,3673
furnishings, equipment, and real estate and interests in real3674
estate, used or to be used for or in connection with one or more3675
hospitals, emergency, intensive, intermediate, extended,3676
long-term, or self-care facilities, diagnostic and treatment and3677
out-patient facilities, facilities related to programs for home3678
health services, clinics, laboratories, public health centers,3679
research facilities, and rehabilitation facilities, for or3680
pertaining to diagnosis, treatment, care, or rehabilitation of3681
sick, ill, injured, infirm, impaired, disabled, or handicapped3682
persons, or the prevention, detection, and control of disease, and3683
also includes education, training, and food service facilities for3684
health professions personnel, housing facilities for such3685
personnel and their families, and parking and service facilities3686
in connection with any of the foregoing; and includes any one,3687
part of, or any combination of the foregoing; and further includes3688
site improvements, utilities, machinery, facilities, furnishings,3689
and any separate or connected buildings, structures, improvements,3690
sites, utilities, facilities, or equipment to be used in, or in3691
connection with the operation or maintenance of, or supplementing3692
or otherwise related to the services or facilities to be provided3693
by, any one or more of such hospital facilities.3694

       (F) "Costs of hospital facilities" means the costs of3695
acquiring or constructing hospital facilities, costs of improving3696
one or more hospital facilities, including reconstructing,3697
rehabilitating, remodeling, renovating, and enlarging, costs of3698
equipping and furnishing such facilities, and all financing costs3699
pertaining thereto, including, without limitation thereto, costs3700
of engineering, architectural, and other professional services,3701
designs, plans, specifications and surveys, and estimates of cost,3702
costs of tests and inspections, the costs of any indemnity or3703
surety bonds and premiums on insurance, all related direct or3704
allocable administrative expenses pertaining thereto, fees and3705
expenses of trustees, depositories, and paying agents for the3706
obligations, cost of issuance of the obligations and financing3707
charges and fees and expenses of financial advisors, attorneys,3708
accountants, consultants and rating services in connection3709
therewith, capitalized interest on the obligations, amounts3710
necessary to establish reserves as required by the bond3711
proceedings, the reimbursement of all moneys advanced or applied3712
by the hospital agency or others or borrowed from others for the3713
payment of any item or items of costs of such facilities, and all3714
other expenses necessary or incident to planning or determining3715
feasibility or practicability with respect to such facilities, and3716
such other expenses as may be necessary or incident to the3717
acquisition, construction, reconstruction, rehabilitation,3718
remodeling, renovation, enlargement, improvement, equipment, and3719
furnishing of such facilities, the financing thereof, and the3720
placing of the same in use and operation, including any one, part3721
of, or combination of such classes of costs and expenses, and3722
means the costs of refinancing obligations issued by, or3723
reimbursement of money advanced by, nonprofit hospital agencies or3724
others the proceeds of which were used for the payment of costs of3725
hospital facilities, if the governing body of the public hospital3726
agency determines that the refinancing or reimbursement advances3727
the purposes of this chapter, whether or not the refinancing or3728
reimbursement is in conjunction with the acquisition or3729
construction of additional hospital facilities.3730

       (G) "Hospital receipts" means all moneys received by or on3731
behalf of a hospital agency from or in connection with the3732
ownership, operation, acquisition, construction, improvement,3733
equipping, or financing of any hospital facilities, including,3734
without limitation thereto, any rentals and other moneys received3735
from the lease, sale, or other disposition of hospital facilities,3736
and any gifts, grants, interest subsidies, or other moneys3737
received under any federal program for assistance in financing the3738
costs of hospital facilities, and any other gifts, grants, and3739
donations, and receipts therefrom, available for financing the3740
costs of hospital facilities.3741

       (H) "Obligations" means bonds, notes, or other evidences of3742
indebtedness or obligation, including interest coupons pertaining3743
thereto, issued or issuable by a public hospital agency to pay3744
costs of hospital facilities.3745

       (I) "Bond service charges" means principal, interest, and3746
call premium, if any, required to be paid on obligations.3747

       (J) "Bond proceedings" means one or more ordinances,3748
resolutions, trust agreements, indentures, and other agreements or3749
documents, and amendments and supplements to the foregoing, or any3750
combination thereof, authorizing or providing for the terms,3751
including any variable interest rates, and conditions applicable3752
to, or providing for the security of, obligations and the3753
provisions contained in such obligations.3754

       (K) "Nursing home" has the same meaning as in division (A)(1)3755
of section 5701.13 of the Revised Code.3756

       (L) "Residential care facility" has the same meaning as in3757
division (A)(2) of section 5701.13 of the Revised Code.3758

       (M) "Adult care facility" has the same meaning as in division3759
(A)(3) of section 5701.13 of the Revised Code.3760

       (N) "Independent living facility" means any self-care3761
facility or other housing facility designed or used as a residence3762
for elderly persons. An "independent living facility" does not3763
include a residential facility, or that part of a residential3764
facility, that is any of the following:3765

       (1) A hospital required to be certified by section 3727.023766
of the Revised Code;3767

       (2) A nursing home or residential care facility;3768

       (3) An adult care facility;3769

       (4) A hospice licensed under section 3712.04 of the Revised3770
Code;3771

       (5) A habilitation center as defined in section 5123.041 of3772
the Revised Code;3773

       (6) A residential facility for the mentally ill licensed by3774
the department of mental health under section 5119.22 of the3775
Revised Code;3776

       (7) A facility licensed to provide methadone treatment under3777
section 3793.11 of the Revised Code;3778

       (8) A facility certified as an alcohol and drug addiction3779
program under section 3793.06 of the Revised Code;3780

       (9) A residential facility licensed under section 5123.19 of3781
the Revised Code or a facility providing services under a contract3782
with the department of mental retardation and developmental3783
disabilities under section 5123.18 of the Revised Code;3784

       (10) A residential facility used as part of a hospital to3785
provide housing for staff of the hospital or students pursuing a3786
course of study at the hospital.3787

       Sec. 166.03.  (A) There is hereby created the facilities3788
establishment fund within the state treasury, consisting of3789
proceeds from the issuance of obligations as specified under3790
section 166.08 of the Revised Code; the moneys received by the3791
state from the sources specified in section 166.09 of the Revised3792
Code; service charges imposed under sections 166.06 and 166.07 of3793
the Revised Code; any grants, gifts, or contributions of moneys3794
received by the director of development to be used for loans made3795
under section 166.07 of the Revised Code or for the payment of the3796
allowable costs of project facilities; and all other moneys3797
appropriated or transferred to the fund. Moneys in the loan3798
guarantee fund in excess of four per cent of the unpaid principal3799
amount of loan repayments guaranteed under section 166.06 of the3800
Revised Code, but subject to the provisions and requirements of3801
any guarantee contracts, may be transferred to the facilities3802
establishment fund by the treasurer of state upon the order of the3803
director of development. Moneys received by the state under3804
Chapter 122. of the Revised Code, to the extent allocable to the3805
utilization of moneys derived from proceeds of the sale of3806
obligations pursuant to section 166.08 of the Revised Code, shall3807
be credited to the facilities establishment fund.3808

       (B) All moneys appropriated or transferred to the facilities3809
establishment fund may be released at the request of the director3810
of development for payment of allowable costs or the making of3811
loans under this chapter, for transfer to the loan guarantee fund3812
established in section 166.06 of the Revised Code, or for use for3813
the purpose of or transfer to the funds established by sections3814
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and3815
122.80 of the Revised Code and, until July 1, 2001 2003, the funds3816
established by sections 122.26 and 166.031 of the Revised Code,3817
but only for such of those purposes as are within the3818
authorization of Section 13 of Article VIII, Ohio Constitution, in3819
all cases subject to the approval of the controlling board.3820

       (C) The department of development, in the administration of3821
the facilities establishment fund, is encouraged to utilize and3822
promote the utilization of, to the maximum practicable extent, the3823
other existing programs, business incentives, and tax incentives3824
that department is required or authorized to administer or3825
supervise.3826

       Sec. 169.01.  As used in this chapter, unless the context3827
otherwise requires:3828

       (A) "Financial organization" means any bank, trust company,3829
savings bank, safe deposit company, mutual savings bank without3830
mutual stock, savings and loan association, credit union, or3831
investment company.3832

       (B)(1) "Unclaimed funds" means any moneys, rights to moneys,3833
or intangible property, described in section 169.02 of the Revised3834
Code, when, as shown by the records of the holder, the owner has3835
not, within the times provided in section 169.02 of the Revised3836
Code, done any of the following:3837

       (a) Increased, decreased, or adjusted the amount of such3838
funds;3839

       (b) Assigned, paid premiums, or encumbered such funds;3840

       (c) Presented an appropriate record for the crediting of3841
such funds or received payment of such funds by check, draft, or3842
otherwise;3843

       (d) Corresponded with the holder concerning such funds;3844

       (e) Otherwise indicated an interest in or knowledge of such3845
funds;3846

       (f) Transacted business with the holder.3847

       (2) "Unclaimed funds" does not include any of the following:3848

       (a) Money received or collected under section 9.39 of the3849
Revised Code;3850

       (b) Any payment or credit due to a business association from3851
a business association representing sums payable to suppliers, or3852
payment for services rendered, in the course of business,3853
including, but not limited to, checks or memoranda, overpayments,3854
unidentified remittances, nonrefunded overcharges, discounts,3855
refunds, and rebates;3856

       (c) Any payment or credit received by a business association3857
from a business association for tangible goods sold, or services3858
performed, in the course of business, including, but not limited3859
to, checks or memoranda, overpayments, unidentified remittances,3860
nonrefunded overcharges, discounts, refunds, and rebates;3861

       (d) Any credit due a retail customer that is represented by a3862
gift certificate, gift card, merchandise credit, or merchandise3863
credit card, redeemable only for merchandise.3864

       For purposes of divisions (B)(2)(b) and (c) of this section,3865
"business association" means any corporation, joint venture,3866
business trust, limited liability company, partnership,3867
association, or other business entity composed of one or more3868
individuals, whether or not the entity is for profit.3869

       (C) "Owner" means any person, or the person's legal3870
representative, entitled to receive or having a legal or equitable3871
interest in or claim against moneys, rights to moneys, or other3872
intangible property, subject to this chapter.3873

       (D)(1) "Holder" means any person that has possession,3874
custody, or control of moneys, rights to moneys, or other3875
intangible property, or that is indebted to another, if any of the3876
following applies:3877

       (a) Such person resides in this state;3878

       (b) Such person is formed under the laws of this state;3879

       (c) Such person is formed under the laws of the United3880
States and has an office or principal place of business in this3881
state;3882

       (d) The records of such person indicate that the last known3883
address of the owner of such moneys, rights to moneys, or other3884
intangible property is in this state;3885

       (e) The records of such person do not indicate the last3886
known address of the owner of the moneys, rights to moneys, or3887
other intangible property and the entity originating or issuing3888
the moneys, rights to moneys, or other intangible property is this3889
state or any political subdivision of this state, or is3890
incorporated, organized, created, or otherwise located in this3891
state. Division (D)(1)(e) of this section applies to all moneys,3892
rights to moneys, or other intangible property that is in the3893
possession, custody, or control of such person on or after July3894
22, 1994, whether the moneys, rights to moneys, or other3895
intangible property becomes unclaimed funds prior to or on or3896
after such that date.3897

       (2) "Holder" does not mean any hospital granted tax-exempt3898
status under section 501(c)(3) of the Internal Revenue Code or any3899
hospital owned or operated by the state or by any political3900
subdivision. Any entity in order to be exempt from the definition3901
of "holder" pursuant to this division shall make a reasonable,3902
good-faith effort to contact the owner of the unclaimed funds.3903

       (E) "Person" includes a natural person; corporation, whether3904
for profit or not for profit; copartnership; unincorporated3905
association or organization; public authority; estate; trust; two3906
or more persons having a joint or common interest; eleemosynary3907
organization; fraternal or cooperative association; other legal or3908
community entity; the United States government, including any3909
district, territory, possession, officer, agency, department,3910
authority, instrumentality, board, bureau, or court; or any state3911
or political subdivision thereof, including any officer, agency,3912
board, bureau, commission, division, department, authority, court,3913
or instrumentality.3914

       (F) "Mortgage funds" means the mortgage insurance fund3915
created by section 122.561 of the Revised Code, and the housing3916
guarantee fund created by division (D) of section 128.11 of the3917
Revised Code.3918

       (G) "Lawful claims" means any vested right a holder of3919
unclaimed funds has against the owner of such unclaimed funds.3920

       (H) "Public utility" means any entity defined as such by3921
division (A) of section 745.01 or by section 4905.02 of the3922
Revised Code.3923

       (I) "Deposit" means to place money in the custody of a3924
financial organization for the purpose of establishing an3925
income-bearing account by purchase or otherwise.3926

       (J) "Income-bearing account" means a time or savings3927
account, whether or not evidenced by a certificate of deposit, or3928
an investment account through which investments are made solely in3929
obligations of the United States or its agencies or3930
instrumentalities or guaranteed as to principal and interest by3931
the United States or its agencies or instrumentalities, debt3932
securities rated as investment grade by at least two nationally3933
recognized rating services, debt securities which the director of3934
commerce has determined to have been issued for the safety and3935
welfare of the residents of this state, and equity interests in3936
mutual funds that invest solely in some or all of the above-listed3937
securities and involve no general liability, without regard to3938
whether income earned on such accounts, securities, or interests3939
is paid periodically or at the end of a term.3940

       Sec. 173.40.  There is hereby created a component of the3941
medicaid program established under Chapter 5111. of the Revised3942
Code to be known as the preadmission screening system providing3943
options and resources today program, or PASSPORT. Through the3944
medical assistance program established under Chapter 5111. of the3945
Revised Code, the The PASSPORT program shall provide home and3946
community-based services as an alternative to nursing facility3947
placement for aged and disabled persons medicaid recipients. The3948
program shall be operated pursuant to a home and community-based3949
waiver granted by the United States secretary of health and human3950
services under section 1915 of the "Social Security Act," 49 Stat.3951
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging3952
shall administer the program. The department of aging shall enter3953
into through an interagency agreement entered into with the3954
department of job and family services regarding services provided3955
under the program to recipients of medical assistance under3956
Chapter 5111. under section 5111.86 of the Revised Code. The3957
directors of aging and job and family services shall adopt rules3958
in accordance with Chapter 119. of the Revised Code to implement3959
the program.3960

       Sec. 175.22.  (A) The department of development and the Ohio3961
housing finance agency shall each develop programs under which, in3962
accordance with rules adopted under this section, it may make3963
grants, loans, loan guarantees, and loan subsidies to counties,3964
municipal corporations, townships, local housing authorities, and3965
nonprofit organizations and may make loans, loan guarantees, and3966
loan subsidies to private developers and private lenders to assist3967
them in activities that will provide housing and housing3968
assistance for specifically targeted low- and moderate-income3969
families and individuals. Activities for which grants, loans,3970
loan guarantees, and loan subsidies may be made under this section3971
include all of the following:3972

       (1) Acquiring, financing, constructing, leasing,3973
rehabilitating, remodeling, improving, and equipping publicly or3974
privately owned housing;3975

       (2) Providing supportive services related to housing and the3976
homeless, including housing counseling;. Not more than twenty per3977
cent of the current year appropriation authority for the low- and3978
moderate-income housing trust fund shall be awarded in any fiscal3979
year for such supportive services.3980

       (3) Providing rental assistance payments or other project3981
operating subsidies that lower tenant rents.3982

       (B) Grants, loans, loan guarantees, and loan subsidies may be3983
made to counties, municipal corporations, townships, and nonprofit3984
organizations for the additional purposes of providing technical3985
assistance, design and finance services and consultation, and3986
payment of pre-development and administrative costs related to any3987
of the activities listed above.3988

       (C) In developing programs under this section, the3989
department and the agency shall invite, accept, and consider3990
public comment, and recommendations from the housing trust fund3991
advisory committee created under section 175.25 of the Revised3992
Code, on how the programs should be designed to most effectively3993
benefit low- and moderate-income families and individuals. The3994
programs developed under this section shall respond collectively3995
to housing and housing assistance needs of low- and3996
moderate-income families and individuals statewide.3997

       (D) The department and the agency, in accordance with3998
Chapter 119. of the Revised Code, shall each adopt rules under3999
which it shall administer programs developed by it under this4000
section. The rules shall prescribe procedures and forms whereby4001
counties, municipal corporations, townships, local housing4002
authorities, and nonprofit organizations may apply for grants,4003
loans, loan guarantees, and loan subsidies and private developers4004
and private lenders may apply for loans, loan guarantees, and loan4005
subsidies; eligibility criteria for the receipt of funds;4006
procedures for reviewing and granting or denying applications;4007
procedures for paying out funds; conditions on the use of funds;4008
procedures for monitoring the use of funds; and procedures under4009
which a recipient shall be required to repay funds that are4010
improperly used. The rules adopted by the department shall do4011
both of the following:4012

       (1) Require each recipient of a grant or loan made from the4013
low- and moderate-income housing trust fund for activities that4014
will provide, or assist in providing, a rental housing project, to4015
reasonably ensure that the rental housing project will be4016
affordable to those families and individuals targeted for the4017
rental housing project for the useful life of the rental housing4018
project or for thirty years, whichever is longer;4019

       (2) Require each recipient of a grant or loan made from the4020
low- and moderate-income housing trust fund for activities that4021
will provide, or assist in providing, a housing project to prepare4022
and implement a plan to reasonably assist any families and4023
individuals displaced by the housing project in obtaining decent4024
affordable housing.4025

       (E) In prescribing eligibility criteria and conditions for4026
the use of funds, neither the department nor agency is limited to4027
the criteria and conditions specified in this section and each may4028
prescribe additional eligibility criteria and conditions that4029
relate to the purposes for which grants, loans, loan guarantees,4030
and loan subsidies may be made. However, the department and4031
agency are limited by the following specifically targeted low- and4032
moderate-income guidelines:4033

       (1) Not less than seventy-five per cent of the money granted4034
and loaned under this section in any biennium shall be for4035
activities that will provide affordable housing and housing4036
assistance to families and individuals in a county whose incomes4037
are equal to or less than fifty per cent of the median income for4038
that county, as determined by the department under section 175.234039
of the Revised Code.4040

       (2) The remainder of the money granted and loaned under this4041
section in any biennium shall be for activities that will provide4042
affordable housing and housing assistance to families and4043
individuals in a county whose incomes are equal to or less than4044
eighty per cent of the median income for that county, as4045
determined by the department under section 175.23 of the Revised4046
Code.4047

       (F) In making grants, loans, loan guarantees, and loan4048
subsidies under this section, the department and the agency shall4049
give preference to viable projects and activities that will4050
benefit those families and individuals in a county whose incomes4051
are equal to or less than thirty-five per cent of the median4052
income for that county, as determined by the department under4053
section 175.23 of the Revised Code. The department and the agency4054
shall monitor the programs developed under this section to ensure4055
that money granted and loaned under this section is not used in a4056
manner that violates division (H) of section 4112.02 of the4057
Revised Code or discriminates against families with children.4058

       Sec. 179.02.  (A) There is hereby established the Ohio4059
commission on dispute resolution and conflict management,4060
consisting of twelve members, unless a vacancy exists in an4061
appointment at any given time. The purpose of the commission is4062
to provide, coordinate, fund, and evaluate dispute resolution and4063
conflict management education, training, and research programs in4064
this state, and to consult with, educate, train, provide resources4065
for, and otherwise assist and facilitate other persons and public4066
or private agencies, organizations, or entities that are engaged4067
in activities related to dispute resolution and conflict4068
management. Four members of the commission shall be appointed by4069
the governor, four members shall be appointed by the chief justice4070
of the supreme court, two members shall be appointed by the4071
president of the senate, and two members shall be appointed by the4072
speaker of the house of representatives.4073

       Within thirty days after the effective date of this section4074
June 30, 1995, the governor, the chief justice of the supreme4075
court, the president of the senate, and the speaker of the house4076
of representatives shall make initial appointments to the4077
commission. Of the initial appointments made to the commission by4078
the governor and the chief justice, two each shall be for a term4079
ending two years after the effective date of this section June 30,4080
1995, and two each shall be for a term ending four years after4081
that date. Of the initial appointments made to the commission by4082
the president of the senate and the speaker of the house of4083
representatives, one each shall be for a term ending two years4084
after the effective date of this section June 30, 1995, and one4085
each shall be for a term ending four years after that date.4086
Thereafter, terms of office shall be for three years, with each4087
term ending on the same day of the same month of the year as the4088
term that it succeeds. Each member shall hold office from the4089
date of appointment until the end of the term for which appointed.4090
Members may be reappointed. Vacancies4091

       Vacancies shall be filled in the manner provided for original4092
appointments. Any member appointed to fill a vacancy occurring4093
prior to the expiration date of the term for which the member's4094
predecessor was appointed shall hold office as a member for the4095
remainder of that term. A4096

       A member shall continue in office subsequent to the4097
expiration date of the member's term until a the member's4098
successor takes office or until a period of sixty days has4099
elapsed, whichever occurs first.4100

       (B) The commission shall meet within two weeks after all of4101
its initial members have been appointed, at a time and place4102
determined by the governor. Thereafter, the commission shall meet4103
at least quarterly, or more often upon the call of the chairman4104
chairperson or at the request of the executive director of the4105
commission. The4106

        The commission shall organize by selecting from among its4107
members a chairman chairperson, a vice-chairman vice-chairperson,4108
and such other necessary officers as are necessary. All officers4109
shall be elected annually by vote of the members of the4110
commission. Each4111

       Each member of the commission shall have one vote. Seven A4112
majority of the members constitute of the commission, as it exists4113
at any given time, constitutes a quorum, and the votes of a4114
majority of the members present at a meeting of the commission are4115
required to validate an action of the commission.4116

       (C) The members of the commission shall serve without4117
compensation, but each member shall be reimbursed for actual and4118
necessary expenses incurred in the performance of official duties,4119
and actual mileage for each mile necessarily traveled in the4120
performance of official duties.4121

       Sec. 179.03.  (A) The Ohio commission on dispute resolution4122
and conflict management shall do all of the following:4123

       (1) Appoint and set the compensation of an executive4124
director, who shall serve at the pleasure of the commission;4125

       (2) Establish and maintain a central office;4126

       (3) Adopt rules to govern the application for, and the4127
awarding of, grants made available by the commission under4128
sections 179.01 to 179.04 of the Revised Code out of the dispute4129
resolution and conflict management commission gifts, grants, and4130
reimbursements fund established by division (C) of this section;4131

       (4) Seek, solicit, and apply for grants from any public or4132
private source to provide for the operation of dispute resolution4133
and conflict management programs in this state;4134

       (5) Adopt standards for the evaluation of dispute resolution4135
and conflict management programs funded pursuant to sections4136
179.01 to 179.04 of the Revised Code;4137

       (6) Provide technical aid and assistance to dispute4138
resolution and conflict management programs, to centers that4139
provide these programs, and to public and private agencies and4140
organizations that provide these programs or engage in dispute4141
resolution and conflict management activities services;4142

       (7) Approve an annual operating budget;4143

       (8) Prepare an annual report on the operation of the4144
commission and the office established by the commission, and4145
provide the report to the governor, the supreme court, and the4146
general assembly.4147

       (B) The commission may do any of the following:4148

       (1) Receive and accept donations, grants, awards, bequests,4149
gifts, reimbursements, and similar funds from any lawful source;4150

       (2) Accept the services of volunteer workers and consultants4151
at no compensation, other than reimbursement for actual and4152
necessary expenses incurred in the performance of their official4153
duties, and reimburse any volunteer workers or consultants for4154
their actual and necessary expenses so incurred;4155

       (3) Prepare and publish statistical data and case studies4156
and other data pertinent to the development, operation, and4157
evaluation of dispute resolution and conflict management programs4158
and centers that provide these programs or engage in dispute4159
resolution and conflict management services;4160

       (4) Conduct programs that have a general objective of4161
training and educating mediators and other persons engaged in4162
providing dispute resolution and conflict management services;4163

       (5) Develop programs and curricula that are designed to4164
provide dispute resolution and conflict management training and4165
education for public and private education, as well as other4166
appropriate education forums;4167

       (6) Enter into contracts for dispute resolution and conflict4168
management services or authorize the executive director to enter4169
into those contracts.4170

       (C) There is hereby established in the state treasury the4171
dispute resolution and conflict management commission gifts,4172
grants, and reimbursements fund. All donations, grants, awards,4173
bequests, gifts, and reimbursements, and similar funds received by4174
the commission under this section shall be deposited in the fund.4175

       Sec. 179.04.  (A) No person shall be appointed executive4176
director of the Ohio commission on dispute resolution and conflict4177
management unless the person is trained in law, public affairs,4178
business administration, or social sciences and the person has4179
experience in administering dispute resolution and conflict4180
management programs or services. The executive director appointed4181
by the commission shall serve at the pleasure of the commission.4182

       (B) The executive director shall do both of the following:4183

       (1) Appoint and set the compensation of personnel who are4184
necessary for the efficient operation of the office established by4185
the commission, with the approval of the commission;4186

       (2) Keep and maintain financial records pertaining to the4187
awarding of grants and contracts authorized pursuant to under4188
sections 179.01 to 179.04 of the Revised Code, and report4189
periodically, but not less than annually, to the commission on all4190
relevant data pertaining to the operations, costs, and projected4191
needs of the office established by the commission and on4192
recommendations for legislation or amendments to court rules that4193
may be appropriate to improve dispute resolution and conflict4194
management programs.4195

       (C) The executive director may do any of the following:4196

       (1) Make all necessary arrangements to coordinate the4197
services of the office established by the commission with any4198
federal, state, county, municipal, township, or private entity or4199
program established to provide dispute resolution and conflict4200
management services and to obtain and provide all funds allowable4201
from any such entity or under any such programs program;4202

       (2) Consult and cooperate with professional groups concerned4203
with the study, development, implementation, and evaluation of4204
dispute resolution and conflict management programs and services4205
and the operation of the state dispute resolution and conflict4206
management office established by the commission;4207

       (3) Accept the services of volunteer workers and consultants4208
at no compensation, other than reimbursement for actual and4209
necessary expenses incurred in the performance of their official4210
duties, and provide for the reimbursement of any volunteer workers4211
or consultants for their actual and necessary expenses so4212
incurred;4213

       (4) Prescribe any forms that are necessary for the uniform4214
operation of sections 179.01 to 179.04 of the Revised Code;4215

       (5) With the authorization of the commission, enter into4216
contracts for dispute resolution and conflict management services.4217

       Sec. 181.51.  As used in sections 181.51 to 181.56 of the4218
Revised Code:4219

       (A) "Federal criminal justice acts" means any federal law4220
that authorizes financial assistance and other forms of assistance4221
to be given by the federal government to the states to be used for4222
the improvement of the criminal and juvenile justice systems of4223
the states.4224

       (B)(1) "Criminal justice system" includes all of the4225
functions of the following:4226

       (a) The state highway patrol, county sheriff offices,4227
municipal and township police departments, and all other law4228
enforcement agencies;4229

       (b) The courts of appeals, courts of common pleas, municipal4230
courts, county courts, and mayor's courts, when dealing with4231
criminal cases;4232

       (c) The prosecuting attorneys, city directors of law,4233
village solicitors, and other prosecuting authorities when4234
prosecuting or otherwise handling criminal cases and the county4235
and joint county public defenders and other public defender4236
agencies or offices;4237

       (d) The department of rehabilitation and correction,4238
probation departments, county and municipal jails and workhouses,4239
and any other department, agency, or facility that is concerned4240
with the rehabilitation or correction of criminal offenders;4241

       (e) Any public or private agency whose purposes include the4242
prevention of crime or the diversion, adjudication, detention, or4243
rehabilitation of criminal offenders;4244

       (f) Any public or private agency, the purposes of which4245
include assistance to crime victims or witnesses.4246

       (2) The inclusion of any public or private agency, the4247
purposes of which include assistance to crime victims or4248
witnesses, as part of the criminal justice system pursuant to4249
division (B)(1) of this section does not limit, and shall not be4250
construed as limiting, the discretion or authority of the attorney4251
general with respect to crime victim assistance and criminal4252
justice programs.4253

       (C) "Juvenile justice system" includes all of the functions4254
of the juvenile courts, the department of youth services, any4255
public or private agency whose purposes include the prevention of4256
delinquency or the diversion, adjudication, detention, or4257
rehabilitation of delinquent children, and any of the functions of4258
the criminal justice system that are applicable to children.4259

       (D) "Comprehensive plan" means a document that coordinates,4260
evaluates, and otherwise assists, on an annual or multi-year4261
basis, all any of the functions of the criminal and juvenile4262
justice systems of the state or a specified area of the state,4263
that conforms to the priorities of the state with respect to4264
criminal and juvenile justice systems, and that conforms with the4265
requirements of all federal criminal justice acts. These4266
functions may include, but are not limited to, all any of the4267
following:4268

       (1) Crime and delinquency prevention;4269

       (2) Identification, detection, apprehension, and detention4270
of persons charged with criminal offenses or delinquent acts;4271

       (3) Assistance to crime victims or witnesses, except that4272
the comprehensive plan does not include the functions of the4273
attorney general pursuant to sections 109.91 and 109.92 of the4274
Revised Code;4275

       (4) Adjudication or diversion of persons charged with4276
criminal offenses or delinquent acts;4277

       (5) Custodial treatment of criminal offenders and,4278
delinquent children, or both;4279

       (6) Institutional and noninstitutional rehabilitation of4280
criminal offenders and, delinquent children, or both.4281

       (E) "Metropolitan county criminal justice services agency"4282
means an agency that is established pursuant to division (A) of4283
section 181.54 of the Revised Code.4284

       (F) "Administrative planning district" means a district that4285
is established pursuant to division (A) or (B) of section 181.564286
of the Revised Code.4287

       (G) "Criminal justice coordinating council" means a criminal4288
justice services agency that is established pursuant to division4289
(B)(D) of section 181.56 of the Revised Code.4290

       (H) "Local elected official" means any person who is a member4291
of a board of county commissioners or township trustees or of a4292
city or village council, judge of the court of common pleas, a4293
municipal court, or a county court, sheriff, county coroner,4294
prosecuting attorney, city director of law, village solicitor, or4295
mayor.4296

       (I) "Juvenile justice coordinating council" means a juvenile4297
justice services agency that is established pursuant to division4298
(D) of section 181.56 of the Revised Code.4299

       Sec. 181.52.  (A) There is hereby created an office of4300
criminal justice services. The governor shall appoint a director4301
of the office, and the director may appoint, within the office,4302
any professional and technical personnel and other employees that4303
are necessary to enable the office to comply with sections 181.514304
to 181.56 of the Revised Code. The director and the assistant4305
director of the office, and all professional and technical4306
personnel employed within the office who are not public employees4307
as defined in section 4117.01 of the Revised Code, shall be in the4308
unclassified civil service, and all other persons employed within4309
the office shall be in the classified civil service. The director4310
may enter into any contracts, except contracts governed by Chapter4311
4117. of the Revised Code, that are necessary for the operation of4312
the office.4313

       (B) Subject to division (D)(E) of this section and subject4314
to divisions (D) to (F) of section 5120.09 of the Revised Code4315
insofar as those divisions relate to federal criminal justice acts4316
that the governor requires the department of rehabilitation and4317
correction to administer, the office of criminal justice services4318
shall do all of the following:4319

       (1) Serve as the state criminal justice services agency and4320
perform criminal and juvenile justice system planning in the4321
state, including any planning that is required by any federal law;4322

       (2) Collect, analyze, and correlate information and data4323
concerning the criminal and juvenile justice systems system in the4324
state;4325

       (3) Cooperate with and provide technical assistance to state4326
departments, administrative planning districts, metropolitan4327
county criminal justice services agencies, criminal justice4328
coordinating councils, agencies, offices, and departments of the4329
criminal and juvenile justice systems system in the state, and4330
other appropriate organizations and persons;4331

       (4) Encourage and assist agencies, offices, and departments4332
of the criminal and juvenile justice systems system in the state4333
and other appropriate organizations and persons to solve problems4334
that relate to the duties of the office;4335

       (5) Administer within the state any federal criminal justice4336
acts or juvenile justice acts that the governor requires it to4337
administer;4338

       (6) Administer funds received under the "Family Violence4339
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.4340
10401, as amended, with all powers necessary for the adequate4341
administration of those funds, including the authority to4342
establish a family violence prevention and services program.4343

       (7) Implement the state comprehensive plans;4344

       (7)(8) Audit grant activities of agencies, offices,4345
organizations, and persons that are financed in whole or in part4346
by funds granted through the office;4347

       (8)(9) Monitor or evaluate the performance of criminal and4348
juvenile justice systems system projects and programs in the state4349
that are financed in whole or in part by funds granted through the4350
office;4351

       (9)(10) Apply for, allocate, disburse, and account for4352
grants that are made available pursuant to federal criminal4353
justice acts or juvenile justice acts, or made available from4354
other federal, state, or private sources, to improve the criminal4355
and juvenile justice systems system in the state. All money from4356
such federal grants shall, if the terms under which the money is4357
received require that the money be deposited into an4358
interest-bearing fund or account, be deposited in the state4359
treasury to the credit of the federal program purposes fund, which4360
is hereby created. All investment earnings of the fund shall be4361
credited to the fund.4362

       (10)(11) Contract with federal, state, and local agencies,4363
foundations, corporations, businesses, and persons when necessary4364
to carry out the duties of the office;4365

       (11)(12) Oversee the activities of metropolitan county4366
criminal justice services agencies, administrative planning4367
districts, and criminal justice coordinating councils in the4368
state;4369

       (12)(13) Advise the general assembly and governor on4370
legislation and other significant matters that pertain to the4371
improvement and reform of criminal and juvenile justice systems in4372
the state;4373

       (13)(14) Prepare and recommend legislation to the general4374
assembly and governor for the improvement of the criminal and4375
juvenile justice systems in the state;4376

       (14)(15) Assist, advise, and make any reports that are4377
requested or required by the governor, attorney general, or4378
general assembly;4379

       (15)(16) Adopt rules pursuant to Chapter 119. of the Revised4380
Code.4381

       (C) Division Upon the request of the governor, the office of4382
criminal justice services may do any of the following:4383

        (1) Collect, analyze, or correlate information and data4384
concerning the juvenile justice system in the state;4385

       (2) Cooperate with and provide technical assistance to state4386
departments, administrative planning districts, metropolitan4387
county criminal justice service agencies, criminal justice4388
coordinating councils, agency offices, and the departments of the4389
juvenile justice system in the state and other appropriate4390
organizations and persons;4391

       (3) Encourage and assist agencies, offices, and departments4392
of the juvenile justice system in the state and other appropriate4393
organizations and persons to solve problems that relate to the4394
duties of the office.4395

       (D) Divisions (B) and (C) of this section does do not limit4396
the discretion or authority of the attorney general with respect4397
to crime victim assistance and criminal justice programs.4398

       (D)(E) Nothing in this section is intended to diminish or4399
alter the status of the office of the attorney general as a4400
criminal justice services agency.4401

       Sec. 181.54.  (A) A county may enter into an agreement with4402
the largest city within the county to establish a metropolitan4403
county criminal justice services agency, if the population of the4404
county exceeds five hundred thousand or the population of the city4405
exceeds two hundred fifty thousand.4406

       (B) A metropolitan county criminal justice services agency4407
shall do all of the following:4408

       (1) Accomplish criminal and juvenile justice systems4409
planning within its services area;4410

       (2) Collect, analyze, and correlate information and data4411
concerning the criminal and juvenile justice systems within its4412
services area;4413

       (3) Cooperate with and provide technical assistance to all4414
criminal and juvenile justice agencies and systems and other4415
appropriate organizations and persons within its services area;4416

       (4) Encourage and assist agencies of the criminal and4417
juvenile justice systems and other appropriate organizations and4418
persons to solve problems that relate to its duties;4419

       (5) Administer within its services area any federal criminal4420
justice acts or juvenile justice acts that the office of criminal4421
justice services or the department of youth services administers4422
within the state;4423

       (6) Implement the comprehensive plans for its services area;4424

       (7) Monitor or evaluate, within its services area, the4425
performance of the criminal and juvenile justice systems projects4426
and programs that are financed in whole or in part by funds4427
granted through it;4428

       (8) Apply for, allocate, and disburse grants that are made4429
available pursuant to any federal criminal justice acts, or4430
pursuant to any other federal, state, or private sources for the4431
purpose of improving the criminal and juvenile justice systems;4432

       (9) Contract with federal, state, and local agencies,4433
foundations, corporations, and other businesses or persons to4434
carry out the duties of the agency.4435

       Sec. 181.56.  (A) In counties in which a metropolitan county4436
criminal justice services agency does not exist, the office of4437
criminal justice services shall discharge the office's duties that4438
the governor requires it to administer by establishing4439
administrative planning districts for criminal justice programs.4440
An administrative planning district shall contain a group of4441
contiguous counties in which no county has a metropolitan county4442
criminal justice services agency.4443

       (B) In counties in which a metropolitan county criminal4444
justice services agency does not exist, the department of youth4445
services shall discharge the department's duty by establishing4446
administrative planning districts for juvenile justice programs. 4447

       (C) All administrative planning districts shall contain a4448
group of contiguous counties in which no county has a metropolitan4449
county criminal justice services agency. 4450

       (D) Any county or any combination of contiguous counties4451
within an administrative planning district may form a criminal4452
justice coordinating council or a juvenile justice coordinating4453
council for its respective programs, if the county or the group of4454
counties has a total population in excess of two hundred fifty4455
thousand. The council shall comply with the conditions set forth4456
in divisions (B) and (C) of section 181.55 of the Revised Code,4457
and exercise within its jurisdiction the powers and duties set4458
forth in division (B) of section 181.54 of the Revised Code.4459

       Sec. 183.09.  The fiscal year of the tobacco use prevention4460
and control foundation shall be the same as the fiscal year of the4461
state.4462

       Within ninety days after the end of each fiscal year, the4463
foundation shall submit to the governor and the general assembly4464
both of the following:4465

       (A) A report of the activities of the foundation during the4466
preceding fiscal year and an independent and objective evaluation4467
of the progress being made by the foundation in reducing tobacco4468
use by Ohioans;4469

       (B) A financial report of the foundation for the preceding4470
fiscal year, which shall include both:4471

       (1) Information on the amount and percentage of overhead and4472
administrative expenditures compared to programmatic expenditures;4473

       (2) An independent auditor's report on the general purpose4474
basic financial statements and required supplementary information4475
of the foundation. Such financial statements shall be prepared in4476
conformity with generally accepted accounting principles4477
prescribed for governmental entities.4478

       Sec. 183.10.  The law enforcement improvements trust fund is4479
hereby created in the state treasury. Money credited to the fund4480
shall be used by the attorney general to maintain, upgrade, and4481
modernize the law enforcement training, law enforcement4482
technology, and laboratory facilities equipment of the office of4483
the attorney general. All investment earnings of the fund shall4484
be credited to the fund.4485

       Sec. 183.17.  The fiscal year of the southern Ohio4486
agricultural and community development foundation shall be the4487
same as the fiscal year of the state.4488

       Within ninety days after the end of each fiscal year, the4489
foundation shall submit to the governor and the general assembly4490
both of the following:4491

       (A) A report of the activities of the foundation during the4492
preceding fiscal year. The report shall also contain an4493
independent evaluation of the progress being made by the4494
foundation in carrying out its duties.4495

       (B) A financial report of the foundation for the preceding4496
year, which shall include both:4497

       (1) Information on the amount and percentage of overhead and4498
administrative expenditures compared to programmatic expenditures;4499

       (2) An independent auditor's report on the general purpose4500
basic financial statements and required supplementary information4501
of the foundation. Such financial statements shall be prepared in4502
conformity with generally accepted accounting principles4503
prescribed for governmental entities.4504

       On or before July 1, 2010, the foundation shall report to the4505
governor and the general assembly on the progress that the4506
foundation has made in replacing the production of tobacco in4507
southern Ohio with the production of other agricultural products4508
and in mitigating the adverse economic impact of reduced tobacco4509
production in the region. In If the foundation concludes that a4510
need for additional funding still exists, the foundation may4511
request that provision be made for a portion of the payments4512
credited to the tobacco master settlement agreement fund to4513
continue to be transferred to the southern Ohio agricultural and4514
community development trust fund.4515

       Sec. 301.27.  (A) As used in this section:4516

       (1) "Credit card" includes a gasoline credit card and a4517
telephone credit card.4518

       (2) "Officer" includes an individual who also is an4519
appointing authority.4520

       (3) "Gasoline and oil expenses," "minor motor vehicle4521
maintenance expenses," and "emergency motor vehicle repair4522
expenses" refer to only those expenses incurred for motor vehicles4523
owned or leased by the county.4524

       (B) A credit card held by a board of county commissioners or4525
the office of any other county appointing authority shall be used4526
only to pay work-related food, transportation, gasoline expenses,4527
limited to the following:4528

       (1) Food expenses;4529

       (2) Transportation expenses;4530

       (3) Gasoline and oil, minor expenses;4531

       (4) Minor motor vehicle maintenance, emergency;4532

       (5) Emergency motor vehicle repair, telephone, lodging, and4533
internet expenses;4534

       (6) Telephone expenses;4535

       (7) Lodging expenses;4536

       (8) Internet service provider expenses;4537

       (9) In the case of a public children services agency,4538
expenses for purchases for children for whom the agency is4539
providing temporary emergency care pursuant to section 5153.16 of4540
the Revised Code, children in the temporary or permanent custody4541
of the agency, and children in a planned permanent living4542
arrangement.4543

       (C) A county appointing authority may apply to the board of4544
county commissioners for authorization to have an officer or4545
employee of the appointing authority use a credit card held by4546
that appointing authority. The authorization request shall state4547
whether the card is to be issued only in the name of the office of4548
the appointing authority itself or whether the issued card shall4549
also include the name of a specified officer or employee.4550

       (D) The debt incurred as a result of the use of a credit4551
card pursuant to this section shall be paid from moneys4552
appropriated to the appointing authority for work-related food,4553
transportation, gasoline and oil, minor motor vehicle maintenance,4554
emergency motor vehicle repair, telephone, lodging, and internet4555
service provider expenses listed in division (B) of this section.4556

       (E)(1) Except as otherwise provided in division (E)(2) of4557
this section, every officer or employee authorized to use a credit4558
card held by the board or appointing authority shall submit to the4559
board by the first day of each month an estimate of the officer's4560
or employee's work-related food, transportation, gasoline and oil,4561
minor motor vehicle maintenance, emergency motor vehicle repair,4562
telephone, lodging, and internet service provider expenses listed4563
in division (B) of this section for that month, unless the board4564
authorizes, by resolution, the officer or employee to submit to4565
the board such an estimate for a period longer than one month. The4566
board may revise the estimate and determine the amount it4567
approves, if any, not to exceed the estimated amount. The board4568
shall certify the amount of its determination to the county4569
auditor along with the necessary information for the auditor to4570
determine the appropriate appropriation line item from which such4571
expenditures are to be made. After receiving certification from4572
the county auditor that the determined sum of money is in the4573
treasury or in the process of collection to the credit of the4574
appropriate appropriation line item for which the credit card is4575
approved for use, and is free from previous and then-outstanding4576
obligations or certifications, the board shall authorize the4577
officer or employee to incur debt for such expenses against the4578
county's credit up to the authorized amount.4579

       (2) In lieu of following the procedure set forth in division4580
(E)(1) of this section, a board of county commissioners may adopt4581
a resolution authorizing an officer or employee of an appointing4582
authority to use a county credit card to pay for specific classes4583
of the work-related expenses listed in division (B) of this4584
section, or use a specific credit card for any of those4585
work-related expenses listed in division (B) of this section,4586
without submitting an estimate of those expenses to the board as4587
required by division (E)(1) of this section. Prior to adopting4588
the resolution, the board shall notify the county auditor. The4589
resolution shall specify whether the officer's or employee's4590
exemption extends to the use of a specific card, which card shall4591
be identified by its number, or to one or more specific4592
work-related uses from the classes of uses permitted under4593
division (B) of this section. Before any credit card exempted for4594
specific uses may be used to make purchases for uses other than4595
those specific uses listed in the resolution, the procedures4596
outlined in division (E)(1) of this section must be followed or4597
the use shall be considered an unauthorized use. Use of any4598
credit card under division (E)(2) of this section shall be limited4599
to the amount appropriated and encumbered in a specific4600
appropriation line item for the permitted use or uses designated4601
in the authorizing resolution, or, in the case of a resolution4602
that authorizes use of a specific credit card, for each of the4603
permitted uses listed in division (B) of this section, but only to4604
the extent the moneys in such appropriations are not otherwise4605
encumbered.4606

       (F)(1) Any time a county credit card approved for use for an4607
authorized amount under division (E)(1) of this section is used4608
for more than that authorized amount, the appointing authority may4609
request the board of county commissioners to authorize after the4610
fact the expenditure of any amount charged beyond the originally4611
authorized amount if, upon the board's request, the county auditor4612
certifies that sum of money is in the treasury or in the process4613
of collection to the credit of the appropriate appropriation line4614
item for which the credit card was used and is free from previous4615
and then-outstanding obligations or certifications. If the card4616
is used for more than the amount originally authorized and if for4617
any reason that amount is not authorized after the fact, then the4618
county treasury shall be reimbursed for any amount spent beyond4619
the originally authorized amount in the following manner:4620

       (a) If the card is issued in the name of a specific officer4621
or employee, then that officer or employee is liable in person and4622
upon any official bond the officer or employee has given to the4623
county to reimburse the county treasury for the amount charged to4624
the county beyond the originally authorized amount.4625

       (b) If the card was issued to the office of the appointing4626
authority, then the appointing authority is liable in person and4627
upon any official bond the appointing authority has given to the4628
county for the amount charged to the county beyond the originally4629
authorized amount.4630

       (2) Any time a county credit card authorized for use under4631
division (E)(2) of this section is used for more than the amount4632
appropriated under that division, the appointing authority may4633
request the board of county commissioners to issue a supplemental4634
appropriation or make a transfer to the proper line item account4635
as permitted in section 5705.40 of the Revised Code, to cover the4636
amount charged beyond the originally appropriated amount. If the4637
card is used for more than the amount originally appropriated and4638
if for any reason that amount is not appropriated or transferred4639
as permitted by this section, then the county treasury shall be4640
reimbursed for any amount spent beyond the originally appropriated4641
amount in the following manner:4642

       (a) If the card is issued in the name of a specific officer4643
or employee, then that officer or employee is liable in person and4644
upon any official bond the officer or employee has given to the4645
county for reimbursing the county treasury for any amount charged4646
on the card beyond the originally appropriated amount.4647

       (b) If the card is issued in the name of the office of the4648
appointing authority, then the appointing authority is liable in4649
person and upon any official bond the appointing authority has4650
given to the county for reimbursement for any amount charged on4651
the card beyond the originally appropriated amount.4652

       (3) Whenever any officer or employee authorized to use a4653
credit card held by the board or the office of any other county4654
appointing authority suspects the loss, theft, or possibility of4655
unauthorized use of the county credit card the officer or employee4656
is authorized to use, the officer or employee shall so notify the4657
officer's or employee's appointing authority or the board4658
immediately and in writing.4659

       (4) If the county auditor determines there has been a credit4660
card expenditure beyond the appropriated or authorized amount as4661
provided in division (E) of this section, the auditor immediately4662
shall notify the board of county commissioners of this fact. When4663
the board of county commissioners determines on its own or after4664
notification from the county auditor that the county treasury4665
should be reimbursed for credit card expenditures beyond the4666
appropriated or authorized amount as provided in divisions (F)(1)4667
and (2) of this section, it shall give written notice to the4668
officer or employee or appointing authority liable to the treasury4669
as provided in divisions (F)(1) and (2) of this section. If,4670
within thirty days after issuance of this written notice the4671
county treasury is not reimbursed for the amount shown on the4672
written notice, the prosecuting attorney of the county shall4673
recover that amount from the officer or employee or appointing4674
authority who is liable under this section by civil action in any4675
court of appropriate jurisdiction.4676

       (G) Use of a county credit card for any use other than those4677
permitted under division (B) of this section is a violation of law4678
for the purposes of section 2913.21 of the Revised Code.4679

       Sec. 325.071.  There shall be allowed annually to the4680
sheriff, in addition to all salary and allowances otherwise4681
provided by law, an amount equal to one-half of the official4682
salary allowed under sections division (A) of section 325.06 and4683
section 325.18 of the Revised Code, to provide for expenses that4684
the sheriff incurs in the performance of the sheriff's official4685
duties and in the furtherance of justice. Upon the order of the4686
sheriff, the county auditor shall draw the auditor's warrant on4687
the county treasurer, payable to the sheriff or any other person4688
as the order designates, for the amount the order requires. The4689
amounts the order requires, not exceeding the amount provided by4690
this section, shall be paid out of the general fund of the county.4691

       Nothing shall be paid under this section until the sheriff4692
gives bond to the state in an amount not less than the sheriff's4693
official salary, to be fixed by the court of common pleas or the4694
probate court, with sureties to be approved by either of those4695
courts. The bond shall be conditioned that the sheriff will4696
faithfully discharge all the duties enjoined upon the sheriff, and4697
pay over all moneys the sheriff receives in an official capacity.4698
The bond, with the approval of the court of common pleas or the4699
probate court of the amount of the bond and the sureties on the4700
bond, shall be deposited with the county treasurer.4701

       The sheriff annually, before the first Monday of January,4702
shall file with the county auditor an itemized statement, verified4703
by the sheriff, as to the manner in which the fund provided by4704
this section has been expended during the current year, and, if4705
any part of that fund remains in the sheriff's hands unexpended,4706
forthwith shall pay the remainder into the county treasury.4707

       Sec. 329.042.  The county department of job and family4708
services shall certify public assistance and nonpublic assistance4709
households eligible under the "Food Stamp Act of 1964," 78 Stat.4710
703, 7 U.S.C.A. 2011, as amended, and federal and state4711
regulations adopted pursuant to such act, to enable low-income4712
households to participate in the food stamp program and thereby to4713
purchase foods having a greater monetary value than is possible4714
under public assistance standard allowances or other low-income4715
budgets.4716

       The county department of job and family services shall4717
administer the distribution of food stamp coupons benefits under4718
the supervision of the department of job and family services. Such4719
coupons The benefits shall be distributed by mail in accordance4720
with sections 5101.541, 5101.542, and 5101.543 of the Revised4721
Code, or by some alternative a method approved by the department4722
of job and family services in accordance with the "Food Stamp Act4723
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and4724
regulations issued thereunder.4725

       The document referred to as the "authorization-to-participate4726
card," which shows the face value of the coupon allotment benefits4727
an eligible household is entitled to receive on presentment of the4728
document, shall be issued, immediately upon certification, to a4729
household determined under division (C) of section 5101.54 of the4730
Revised Code to be in immediate need of food assistance by being4731
personally handed by a member of the staff of the county4732
department of job and family services to the member of the4733
household in whose name application was made for participation in4734
the program or the authorized representative of such member of the4735
household.4736

       Sec. 5101.19.        Sec.  .        Sec. 329.19.  (A) Upon determining that a person or4737
persons are eligible for aid payments benefits or services under4738
Chapter 5107. or 5115. of the Revised Code any assistance program4739
administered by the county department of job and family services,4740
the county department may issue an identification card shall be4741
issued to the individual designated to receive warrants for aid4742
payments person or persons. Such cards may be made up and issued4743
by the county department of job and family services, or the4744
department of job and family services may enter into a contract4745
with any person, corporation, or agency, public or private, to4746
furnish cards to individuals certified by the county department.4747
The county department of job and family services shall determine4748
the card's material, design, and informational content, which4749
shall may include a photograph, social security number, name, and4750
signature, and shall prescribe the procedure by which it is4751
issued.4752

       (B) Any county department of job and family services which4753
on July 7, 1972 is furnishing identification cards to individuals4754
designated to receive warrants for aid payments under Chapter4755
5107. of the Revised Code, may continue to issue such cards and4756
may issue identification cards to individuals designated to4757
receive warrants for aid payments under Chapter 5115. of the4758
Revised Code under procedures developed by the county, in lieu of4759
those established under division (A) of this section, provided:4760

       (1) The information borne on the card is substantially the4761
same as that required in division (A) of this section;4762

       (2) The county complies with any regulations adopted by the4763
director of job and family services which are applicable to such a4764
procedure.4765

       (C) The individual designated to receive warrants for aid4766
payments shall present the identification card issued under this4767
section as a condition for the acceptance and payment of the4768
warrants.4769

       In issuing identification cards under this section, the4770
county department shall comply with any state or federal laws4771
governing the issuance of the cards. All expenses incurred in4772
issuing the issuance of identification cards under this section4773
shall be paid from funds appropriated available to the county4774
department of job and family services for administrative expenses.4775

       Sec. 340.16. Not later than ninety days after the effective4776
date of this section, the department of mental health and the4777
department of job and family services shall adopt rules that4778
establish requirements and procedures for prior notification and4779
service coordination between public children services agencies and4780
boards of alcohol, drug addiction, and mental health services when4781
a public children services agency refers a child in its custody to4782
a board for services funded by the board. The rules shall be4783
adopted in accordance with Chapter 119. of the Revised Code.4784

       The department of mental health and department of job and4785
family services shall collaborate in formulating a plan that4786
delineates the funding responsibilities of public children4787
services agencies and boards of alcohol, drug addiction, and4788
mental health services for services provided under section4789
5111.022 of the Revised Code to children in the custody of public4790
children services agencies. The departments shall complete the4791
plan not later than ninety days after the effective date of this4792
section.4793

       Sec. 349.01.  As used in this chapter:4794

       (A) "New community" means a community or an addition to an4795
existing community planned pursuant to this chapter so that it4796
includes facilities for the conduct of industrial, commercial,4797
residential, cultural, educational, and recreational activities,4798
and designed in accordance with planning concepts for the4799
placement of utility, open space, and other supportive facilities.4800

       (B) "New community development program" means a program for4801
the development of a new community characterized by well-balanced4802
and diversified land use patterns and which includes land4803
acquisition and land development, the acquisition, construction,4804
operation, and maintenance of community facilities, and the4805
provision of services authorized in sections 349.01 to 349.16 of4806
the Revised Code this chapter.4807

       (C) "New community district" means the area of land described4808
by the developer in the petition as set forth in division (A) of4809
section 349.03 of the Revised Code for development as a new4810
community and any lands added to such the district by amendment of4811
the resolution establishing the community authority.4812

       (D) "New community authority" means a body corporate and4813
politic in this state, established pursuant to section 349.03 of4814
the Revised Code and governed by a board of trustees as provided4815
in section 349.04 of the Revised Code.4816

       (E) "Developer" means any person, organized for carrying out4817
a new community development program who owns or controls, through4818
leases of at least seventy-five years' duration, options, or4819
contracts to purchase, the land within a new community district,4820
or any municipality municipal corporation, county, or port4821
authority that owns the land within a new community district, or4822
has the ability to acquire such land, either by voluntary4823
acquisition or condemnation in order to eliminate slum, blighted,4824
and deteriorated or deteriorating areas and to prevent the4825
recurrence thereof.4826

       (F) "Organizational board of commissioners" means, if the new4827
community district is located in only one county, the board of4828
county commissioners of such county; if located in more than one4829
county, a board consisting of the members of the board of county4830
commissioners of each of the counties in which the district is4831
located, provided that action of such board shall require a4832
majority vote of the members of each separate board of county4833
commissioners; or, if more than half of the new community district4834
is located within the boundaries of the most populous municipal4835
corporation of a county, the legislative authority of the4836
municipal corporation.4837

       (G) "Land acquisition" means the acquisition of real property4838
and interests in real property as part of a new community4839
development program.4840

       (H) "Land development" means the process of clearing and4841
grading land, making, installing, or constructing water4842
distribution systems, sewers, sewage collection systems, steam,4843
gas, and electric lines, roads, streets, curbs, gutters,4844
sidewalks, storm drainage facilities, and other installations or4845
work, whether within or without the new community district, and4846
the construction of community facilities.4847

       (I) "Community facilities" means all real property,4848
buildings, structures, or other facilities, including related4849
fixtures, equipment, and furnishings, to be owned, operated,4850
financed, constructed, and maintained under this chapter,4851
including public, community, village, neighborhood, or town4852
buildings, centers and plazas, auditoriums, day care centers,4853
recreation halls, educational facilities, hospital facilities as4854
defined in section 140.01 of the Revised Code, recreational4855
facilities, natural resource facilities, including parks and other4856
open space land, lakes and streams, cultural facilities, community4857
streets, pathway and bikeway systems, pedestrian underpasses and4858
overpasses, lighting facilities, design amenities, or other4859
community facilities, and buildings needed in connection with4860
water supply or sewage disposal installations or steam, gas, or4861
electric lines or installation.4862

       (J) "Cost" as applied to a new community development program4863
means all costs related to land acquisition and land development,4864
the acquisition, construction, maintenance, and operation of4865
community facilities and offices of the community authority, and4866
of providing furnishings and equipment therefor, financing charges4867
including interest prior to and during construction and for the4868
duration of the new community development program, planning4869
expenses, engineering expenses, administrative expenses including4870
working capital, and all other expenses necessary and incident to4871
the carrying forward of the new community development program.4872

       (K) "Income source" means any and all sources of income to4873
the community authority, including community development charges4874
of which the new community authority is the beneficiary as4875
provided in section 349.07 of the Revised Code, rentals, user fees4876
and other charges received by the new community authority, any4877
gift or grant received, any moneys received from any funds4878
invested by or on behalf of the new community authority, and4879
proceeds from the sale or lease of land and community facilities.4880

       (L) "Community development charge" means a dollar amount4881
which shall be determined on the basis of the assessed valuation4882
of real property or interests in real property in a new community4883
district sold, leased, or otherwise conveyed by the developer or4884
the new community authority, the income of the residents of such4885
property subject to such charge under section 349.07 of the4886
Revised Code, if such property is devoted to residential uses or4887
to the profits of any business, a uniform fee on each parcel of4888
such real property originally sold, leased, or otherwise conveyed4889
by the developer or new community authority, or any combination of4890
the foregoing bases.4891

       (M) "Proximate city" means any city that, as of the date of4892
filing of the petition under section 349.03 of the Revised Code,4893
is the most populous city of the county in which the proposed new4894
community district is located, is the most populous city of an4895
adjoining county if any portion of such city is within five miles4896
of any part of the boundaries of such district, or exercises4897
extraterritorial subdivision authority under section 711.09 of the4898
Revised Code with respect to any part of such district.4899

       Sec. 503.162.  (A) After certification of a resolution as4900
provided in section 503.161 of the Revised Code, the board of4901
elections shall submit the question of whether the township's name4902
shall be changed to the electors of the unincorporated area of the4903
township in accordance with division (C) of that section, and the4904
ballot language shall be substantially as follows:4905

       "Shall the township of .......... (name) change its name to4906
........ (proposed name)?4907

       .......... For name change4908

       .......... Against name change"4909

       (B) At least forty-five days before the election on this4910
question, the board of township trustees shall provide notice of4911
the election and an explanation of the proposed name change in a4912
newspaper of general circulation in the township for three4913
consecutive weeks and shall post the notice and explanation in4914
five conspicuous places in the unincorporated area of the4915
township.4916

       (C) If a majority of the votes cast on the proposition of4917
changing the township's name is in the affirmative, the name4918
change is adopted and becomes effective ninety days after the4919
board of elections certifies the election results to the clerk of4920
the township. Upon receipt of the certification of the election4921
results from the board of elections, the clerk of the township4922
shall send a copy of that certification to the secretary of state4923
and to the state and local government commission of Ohio.4924

       (D) A change in the name of a township shall not alter the4925
rights or liabilities of the township as previously named.4926

       Sec. 504.03.  (A)(1) If a limited home rule government is4927
adopted pursuant to section 504.02 of the Revised Code, it shall4928
remain in effect for at least three years except as otherwise4929
provided in division (B) of this section. At the end of that4930
period, if the board of township trustees determines that that4931
government is not in the best interests of the township, it may4932
adopt a resolution causing the board of elections to submit to the4933
electors of the unincorporated area of the township the question4934
of whether the township should continue the limited home rule4935
government. The question shall be voted upon at the next general4936
election occurring at least seventy-five days after the4937
certification of the resolution to the board of elections. After4938
certification of the resolution, the board of elections shall4939
submit the question to the electors of the unincorporated area of4940
the township, and the ballot language shall be substantially as4941
follows:4942

       "Shall the township of ........... (name) continue the4943
limited home rule government under which it is operating?4944

......For continuation of the limited home rule government 4945
......Against continuation of the limited home rule government" 4946

       (2) At least forty-five days before the election on the4947
question of continuing the limited home rule government, the board4948
of township trustees shall have notice of the election published4949
in a newspaper of general circulation in the township for three4950
consecutive weeks and have the notice posted in five conspicuous4951
places in the unincorporated area of the township.4952

       (B) The electors of a township that has adopted a limited4953
home rule government may propose at any time by initiative4954
petition, in accordance with section 504.14 of the Revised Code, a4955
resolution submitting to the electors in the unincorporated area4956
of the township, in an election, the question set forth in4957
division (A)(1) of this section.4958

       (C) If a majority of the votes cast under division (A) or4959
(B) of this section on the proposition of continuing the limited4960
home rule government is in the negative, that government is4961
terminated effective on the first day of January immediately4962
following the election, and a limited home rule government shall4963
not be adopted in the unincorporated area of the township pursuant4964
to section 504.02 of the Revised Code for at least three years4965
after that date.4966

       (D) If a limited home rule government is terminated pursuant4967
to under this section, the board of township trustees immediately4968
shall adopt a resolution repealing all resolutions adopted4969
pursuant to this chapter that are not authorized by any other4970
section of the Revised Code outside this chapter, effective on the4971
first day of January immediately following the election described4972
in division (A) or (B) of this section. However, no resolution4973
adopted under this division shall affect or impair the obligations4974
of the township under any security issued or contracts entered4975
into by the township in connection with the financing of any water4976
supply facility or sewer improvement under sections 504.18 to4977
504.20 of the Revised Code or the authority of the township to4978
collect or enforce any assessments or other revenues constituting4979
security for or source of payments of debt service charges of4980
those securities.4981

       (E) Upon the termination of a limited home rule government4982
under this section, if the township had converted its board of4983
township trustees to a five-member board under section 504.21 of4984
the Revised Code, the current board member who received the lowest4985
number of votes of the current board members who were elected at4986
the most recent election for township trustees, and the current4987
board member who received the lowest number of votes of the4988
current board members who were elected at the second most recent4989
election for township trustees, shall cease to be township4990
trustees on the date that the limited home rule government4991
terminates. Their offices likewise shall cease to exist at that4992
time, and the board shall continue as a three-member board as4993
provided in section 505.01 of the Revised Code.4994

       Sec. 504.04.  (A) A township that adopts a limited home rule4995
government may do all of the following by resolution, provided4996
that any of these resolutions, other than a resolution to supply4997
water or sewer services in accordance with sections 504.18 to4998
504.20 of the Revised Code, may be enforced only by the imposition4999
of civil fines as authorized in this chapter:5000

       (1) Exercise all powers of local self-government within the5001
unincorporated area of the township, other than powers that are in5002
conflict with general laws, except that the township shall comply5003
with the requirements and prohibitions of this chapter, and shall5004
enact no taxes other than those authorized by general law, and5005
except that no resolution adopted pursuant to this chapter shall5006
encroach upon the powers, duties, and privileges of elected5007
township officers or change, alter, combine, eliminate, or5008
otherwise modify the form or structure of the township government5009
unless the change is required or permitted by this chapter;5010

       (2) Adopt and enforce within the unincorporated area of the5011
township local police, sanitary, and other similar regulations5012
that are not in conflict with general laws or otherwise prohibited5013
by division (B) of this section;5014

       (3) Supply water and sewer services to users within the5015
unincorporated area of the township in accordance with sections5016
504.18 to 504.20 of the Revised Code.5017

       (B) No resolution adopted pursuant to this chapter shall do5018
any of the following:5019

       (1) Create a criminal offense or impose criminal penalties,5020
except as authorized by division (A) of this section;5021

       (2) Impose civil fines other than as authorized by this5022
chapter;5023

       (3) Establish or revise subdivision regulations, road5024
construction standards, urban sediment rules, or storm water and5025
drainage regulations;5026

       (4) Establish or revise building standards, building codes,5027
and other standard codes except as provided in section 504.13 of5028
the Revised Code;5029

       (5) Increase, decrease, or otherwise alter the powers or5030
duties of a township under any other chapter of the Revised Code5031
pertaining to agriculture or the conservation or development of5032
natural resources;5033

       (6) Establish regulations affecting hunting, trapping,5034
fishing, or the possession, use, or sale of firearms;5035

       (7) Establish or revise water or sewer regulations, except5036
in accordance with sections 504.18 and 504.19 of the Revised Code.5037

       Nothing in this chapter shall be construed as affecting the5038
powers of counties with regard to the subjects listed in divisions5039
(B)(3) to (5) of this section.5040

       (C) Under a limited home rule government, all officers shall5041
have the qualifications, and be nominated, elected, or appointed,5042
as provided in Chapter 505. of the Revised Code, except that the5043
board of township trustees shall appoint a full-time or part-time5044
law director pursuant to section 504.15 of the Revised Code, and5045
except that section 504.21 of the Revised Code also shall apply if5046
a five-member board of township trustees is approved for the5047
township.5048

       (D) In case of conflict between resolutions enacted by a5049
board of township trustees and municipal ordinances or5050
resolutions, the ordinance or resolution enacted by the municipal5051
corporation prevails. In case of conflict between resolutions5052
enacted by a board of township trustees and any county resolution,5053
the resolution enacted by the board of township trustees prevails.5054

       Sec. 504.21. (A) By a unanimous vote, the board of township5055
trustees of a limited home rule township may pass a resolution to5056
place on the ballot at the next general election described in this5057
division the question of whether the board should be converted5058
to a five-member board. Upon passage of the resolution, the5059
question shall be voted upon at the next general election5060
occurring at least seventy-five days after the board certifies5061
the resolution to the board of elections.5062

       (B) If a majority of the votes cast on the question of5063
converting the board of township trustees to a five-member board5064
is in the affirmative, at the next election at which any members5065
of the board are elected, two additional board members shall be5066
elected, one for a four-year term of office and the other for a5067
two-year term of office. Their successors thereafter shall be5068
elected for four-year terms of office.5069

       (C) If a board of township trustees is converted to a5070
five-member board, the board members shall be elected by5071
determining which individuals receive the highest number of votes5072
from a slate of candidates running for the office of township5073
trustee. If the first election after a township converts its5074
board of township trustees to a five-member board is an election5075
for three four-year term members and one two-year term member, the5076
three candidates who receive the highest number of votes from the5077
slate of candidates for township trustee shall serve a four-year5078
term and the candidate who receives the fourth highest number of5079
votes from that slate of candidates shall serve a two-year term.5080

       Sec. 505.24.  Each township trustee is entitled to5081
compensation as follows:5082

       (A) Except as otherwise provided in division (B) of this5083
section, an amount for each day of service in the business of the5084
township, to be paid from the township treasury as follows:5085

       (1) In townships having a budget of fifty thousand dollars5086
or less, twenty dollars per day for not more than two hundred5087
days;5088

       (2) In townships having a budget of more than fifty thousand5089
but not more than one hundred thousand dollars, twenty-four5090
dollars per day for not more than two hundred days;5091

       (3) In townships having a budget of more than one hundred5092
thousand but not more than two hundred fifty thousand dollars,5093
twenty-eight dollars and fifty cents per day for not more than two5094
hundred days;5095

       (4) In townships having a budget of more than two hundred5096
fifty thousand but not more than five hundred thousand dollars,5097
thirty-three dollars per day for not more than two hundred days;5098

       (5) In townships having a budget of more than five hundred5099
thousand but not more than seven hundred fifty thousand dollars,5100
thirty-five dollars per day for not more than two hundred days;5101

       (6) In townships having a budget of more than seven hundred5102
fifty thousand but not more than one million five hundred thousand5103
dollars, forty dollars per day for not more than two hundred days;5104

       (7) In townships having a budget of more than one million5105
five hundred thousand but not more than three million five hundred5106
thousand dollars, forty-four dollars per day for not more than two5107
hundred days;5108

       (8) In townships having a budget of more than three million5109
five hundred thousand dollars but not more than six million5110
dollars, forty-eight dollars per day for not more than two hundred5111
days;5112

       (9) In townships having a budget of more than six million5113
dollars, fifty-two dollars per day for not more than two hundred5114
days.5115

       (B) Beginning in calendar year 1999, the amounts paid as5116
specified in division (A) of this section shall be replaced by the5117
following amounts:5118

       (1) In calendar year 1999, the amounts specified in division5119
(A) of this section increased by three per cent;5120

       (2) In calendar year 2000, the amounts determined under5121
division (B)(1) of this section increased by three per cent;5122

       (3) In calendar year 2001, the amounts determined under5123
division (B)(2) of this section increased by three per cent;5124

       (4) In calendar year 2002, except in townships having a5125
budget of more than six million dollars, the amounts determined5126
under division (B)(3) of this section increased by three per cent;5127
in townships having a budget of more than six million but not more5128
than ten million dollars, seventy dollars per day for not more5129
than two hundred days; and in townships having a budget of more5130
than ten million dollars, ninety dollars per day for not more than5131
two hundred days;5132

       (5) In calendar years 2003 through 2008, the amounts5133
determined under division (B) of this section for the immediately5134
preceding calendar year increased by the lesser of the following:5135

       (a) Three per cent;5136

       (b) The percentage increase, if any, in the consumer price5137
index over the twelve-month period that ends on the thirtieth day5138
of September of the immediately preceding calendar year, rounded5139
to the nearest one-tenth of one per cent;5140

       (6) In calendar year 2009 and thereafter, the amount5141
determined under division (B) of this section for calendar year5142
2008.5143

       As used in division (B) of this section, "consumer price5144
index" has the same meaning as in section 325.18 of the Revised5145
Code.5146

       (C) Whenever members of a board of township trustees are5147
compensated per diem and not by annual salary, the board shall5148
establish, by resolution, a method by which each member of the5149
board shall periodically notify the township clerk of the number5150
of days spent in the service of the township and the kinds of5151
services rendered on those days. The per diem compensation shall5152
be paid from the township general fund or from other township5153
funds in such proportions as the kinds of services performed may5154
require. The notice shall be filed with the township clerk and5155
preserved for inspection by any persons interested.5156

       By unanimous vote, a board of township trustees may adopt a5157
method of compensation consisting of an annual salary to be paid5158
in equal monthly payments. If the office of trustee is held by5159
more than one person during any calendar year, each person holding5160
the office shall receive payments for only those months, and any5161
fractions of those months, during which the person holds the5162
office. The amount of the annual salary approved by the board5163
shall be no more than the maximum amount that could be received5164
annually by a trustee if the trustee were paid on a per diem basis5165
as specified in this division, and shall be paid from the township5166
general fund or from other township funds in such proportions as5167
the board may specify by resolution. A board of township trustees 5168
that has adopted a salary method of compensation may return to a5169
method of