As Reported by the Senate Finance and Financial Institutions Committee

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


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

SENATORS Jacobson, Spada



A BILL
To amend sections 9.03, 9.06, 9.821, 9.822, 101.15,1
101.27, 101.30, 101.34, 101.37, 101.72, 101.73,2
102.02, 102.03, 102.031, 102.06, 103.143, 105.41,3
107.10 111.16, 111.18, 111.23, 111.25, 118.08,4
119.12, 120.06, 120.16, 120.26, 120.33, 121.04,5
121.371, 121.40, 121.63, 122.011, 122.71, 122.76,6
122.92, 124.24, 124.82, 125.22, 126.11, 126.21,7
127.16, 131.01, 133.021, 133.06, 133.07, 133.80,8
133.81, 138.82, 138.83, 138.84, 138.85, 138.86,9
138.87, 140.01, 147.01, 147.02, 147.03, 147.05,10
147.06, 147.13, 147.14, 147.37, 147.371, 151.04,11
166.03, 169.01, 173.35, 173.40, 173.46, 173.47,12
175.03, 175.21, 175.22, 175.24, 179.02, 179.03,13
179.04, 181.51, 181.52, 181.54, 181.55, 181.56,14
183.09, 183.10, 183.17, 183.28, 183.30, 301.27,15
307.86, 313.091, 325.071, 329.042, 339.05, 340.02,16
340.03, 340.08, 340.091, 349.01, 503.162, 504.03,17
504.04, 505.24, 507.09, 737.03, 901.43, 901.63,18
901.81, 901.82, 917.07, 917.99, 1309.40, 19
1309.401, 1309.402, 1309.42, 1329.01, 1329.04,20
1329.06, 1329.07, 1329.42, 1329.421, 1329.45,21
1329.56, 1329.58, 1329.60, 1329.601, 1345.21,22
1501.01, 1501.04, 1501.23, 1501.40, 1503.011,23
1507.01, 1509.06, 1509.071, 1509.08, 1509.11,24
1509.23, 1513.05, 1513.13, 1513.14, 1514.11,25
1517,05, 1517.06, 1517.07, 1521.04, 1531.35,26
1533.13, 1547.67, 1561.05, 1561.07, 1561.11,27
1561.12, 1561.13, 1561.14, 1561.15, 1561.16,28
1561.17, 1561.18, 1561.19, 1561.20, 1561.21,29
1561.22, 1561.23, 1561.26, 1561.35, 1561.351,30
1561.46, 1561.51, 1561.52, 1563.13, 1565.04,31
1565.06, 1565.07, 1565.08, 1565.25, 1701.05,32
1701.07, 1701.81, 1702.05, 1702.06, 1702.43,33
1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 34
1703.27, 1703.31, 1705.05, 1705.06, 1705.38,35
1705.55, 1746.04, 1746.06, 1746.15, 1747.03,36
1747.04, 1747.10, 1775.63, 1775.64, 1782.04,37
1782.08, 1782.09, 1782.433, 1785.06, 1901.26,38
1907.24, 2303.20, 2303.201, 2317.02, 2317.022,39
2329.66, 2715.041, 2715.045, 2716.13, 2919.271,40
2921.13, 2953.21, 3109.14, 3109.17, 3119.022,41
3301.075, 3301.70, 3301.80, 3301.85, 3307.05,42
3311.057, 3313.37, 3313.41, 3313.603, 3313.64,43
3314.07, 3314.08, 3314.09, 3316.20, 3317.012,44
3317.013, 3317.014, 3317.02, 3317.021, 3317.022,45
3317.023, 3317.024, 3317.029, 3317.0210,46
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,47
3317.051, 3317.06, 3317.064, 3317.10, 3317.11,48
3317.13, 3317.16, 3317.161, 3317.162, 3317.19,49
3317.20, 3318.01, 3318.04, 3318.08, 3318.084,50
3318.10, 3318.31, 3318.36, 3319.19, 3321.01,51
3323.09, 3323.091, 3327.10, 3333.02, 3333.03,52
3333.043, 3333.12, 3333.13, 3333.21, 3333.22,53
3345.05, 3345.19, 3353.07, 3383.01, 3383.02,54
3383.04, 3383.07, 3505.063, 3517.092, 3701.04, 55
3701.142, 3701.77, 3701.771, 3701.772, 3702.68,56
3704.034, 3721.07, 3721.10, 3721.12, 3721.13,57
3721.15, 3721.16, 3721.17, 3721.51, 3721.56,58
3722.01, 3722.15, 3722.16, 3734.57, 3734.82,59
3734.901, 3734.904, 3735.27, 3745.014, 3745.04,60
3745.11, 3745.22, 3748.07, 3748.13, 3750.02,61
3750.13, 3769.08, 3769.085, 3769.087, 3769.20,62
3770.06, 3773.56, 3793.04, 3902.23, 3923.28,63
3923.29, 3923.30, 4105.17, 4115.10, 4121.44,64
4123.27, 4301.12, 4301.17, 4301.24, 4301.422,65
4301.43, 4303.33, 4303.331, 4503.10, 4503.102,66
4503.12, 4503.182, 4505.061, 4506.08, 4507.23,67
4507.24, 4507.50, 4507.52, 4511.81, 4519.03,68
4519.10, 4519.56, 4519.69, 4701.10, 4701.16,69
4707.01, 4707.011, 4707.02, 4707.03, 4707.04,70
4707.05, 4707.06, 4707.07, 4707.071, 4707.072,71
4707.08, 4707.09, 4707.10, 4707.11, 4707.111,72
4707.12, 4707.13, 4707.15, 4707.152, 4707.16,73
4707.19, 4707.20, 4707.21, 4707.23, 4707.99,74
4713.10, 4715.03, 4715.13, 4715.14, 4715.16,75
4715.21, 4715.24, 4715.27, 4717.02, 4717.07,76
4717.08, 4717.09, 4723.08, 4723.32, 4723.79,77
4725.44, 4725.48, 4725.49, 4729.65, 4731.14,78
4731.53, 4734.20, 4736.12, 4736.14, 4743.05,79
4755.01, 4761.05, 4775.01, 4775.02, 4775.08, 80
4775.99, 4779.01, 4779.02, 4779.16, 4779.19,81
4779.20, 4779.26, 4911.17, 4921.18, 4923.11,82
5101.071, 5101.14, 5101.141, 5101.145, 5101.184,83
5101.19, 5101.36, 5101.50, 5101.521, 5101.54,84
5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 85
5103.031, 5103.033, 5103.036, 5103.0312,86
5103.0313, 5103.0314, 5103.0316, 5103.07,87
5104.341, 5107.02, 5107.10, 5107.14, 5107.18, 88
5108.01, 5108.06, 5108.07, 5108.08, 5108.09,89
5108.10, 5111.01, 5111.022, 5111.041, 5111.17, 90
5111.231, 5111.25, 5111.251, 5111.262, 5111.28,91
5111.29, 5111.87, 5119.01, 5119.06, 5119.22,92
5119.61, 5120.10, 5122.31, 5123.01, 5123.041,93
5123.082, 5123.60, 5123.71, 5123.76, 5126.01,94
5126.041, 5126.042, 5126.05, 5126.051, 5126.053,95
5126.06, 5126.071, 5126.08, 5126.11, 5126.12,96
5126.15, 5126.16, 5126.18, 5126.19, 5126.20,97
5126.22, 5126.25, 5126.31, 5126.311, 5126.32,98
5126.357, 5126.431, 5139.01, 5139.11, 5139.29,99
5139.31, 5153.165, 5153.60, 5153.69, 5153.78,100
5703.17, 5703.49, 5705.091, 5705.19, 5705.41,101
5705.44, 5709.17, 5711.33, 5721.30, 5725.31,102
5727.25, 5727.26, 5727.81, 5727.811, 5727.82,103
5727.84, 5727.85, 5729.86, 5727.87, 5728.08,104
5729.07, 5731.21, 5733.02, 5733.021, 5733.053,105
5733.056, 5733.06, 5733.12, 5733.122, 5733.18,106
5733.351, 5733.401, 5733.42, 5735.06, 5735.061,107
5739.01, 5739.02, 5739.024, 5739.032, 5739.07,108
5739.102, 5739.12, 5739.121, 5739.13, 5739.18,109
5741.10, 5741.12, 5743.62, 5743.63, 5745.03,110
5745.04, 5747.122, 5747.221, 5747.39, 5749.06,111
6101.25, 6109.13, 6109.21, 6111.035, and112
6111.044; to amend, for the purpose of adopting113
new section numbers as indicated in parentheses,114
sections 3317.161 (3317.052), 3317.162 (3317.053),115
5101.19 (329.19), 5101.071 (5101.251), 5101.853116
(5101.851), 5101.854 (5101.853), 5108.06117
(5108.03), 5108.07 (5108.05), 5108.08 (5108.06),118
and 5111.87 (5111.871); to enact new sections119
3318.052, 5101.852, 5108.07, 5108.08, 5111.34,120
5111.87, and 5126.054 and sections 101.302,121
101.303, 103.33, 109.761, 122.60, 122.601,122
122.602, 122.603, 122.604, 122.605, 340.16,123
504.21, 1502.12, 1513.10, 1521.19, 3302.041,124
3303.01, 3305.061, 3311.058, 3311.062, 3314.072,125
3314.091, 3317.0217, 3318.042, 3318.086, 3318.363,126
3318.50, 3318.51, 3318.52, 3353.11, 3383.09,127
3701.92, 3721.161, 3721.162, 3745.10, 3745.15,128
3748.08, 3750.081, 4117.102, 4715.031, 4723.062,129
4731.573, 4771.22, 4905.071, 4905.87, 5101.5110,130
5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,131
5111.63, 5111.85, 5111.86, 5111.872, 5111.873,132
5119.611, 5119.612, 5123.044, 5123.045, 5123.046,133
5123.047, 5123.048, 5123.049, 5123.0410,134
5123.0411, 5123.0412, 5123.0413, 5126.035, 135
5126.046, 5126.055, 5126.056, 5126.057, 5126.14,136
5126.221, 5126.313, 5139.87, and 5153.06; to137
contingently enact section 1309.525; and to repeal138
sections 9.832, 103.31, 103.32, 105.45, 105.46,139
121.51, 121.52, 121.53, 131.41, 166.032, 307.031,140
1329.68, 1503.35, 1503.351, 1507.12, 1553.01,141
1553.02, 1553.03, 1553.04, 1553.05, 1553.06,142
1553.07, 1553.08, 1553.09, 1553.10, 1553.99,143
1561.10, 1561.53, 1561.54, 1561.55, 2151.652,144
3317.0215, 3318.052, 3701.88, 3702.17, 3729.01,145
3729.02, 3729.03, 3729.05, 3729.10, 3729.11,146
3729.12, 3729.14, 3729.15, 3729.16, 3729.17,147
3729.18, 3729.21, 3729.22, 3729.23, 3729.24,148
3729.26, 3729.29, 3729.36, 3729.40, 3729.41,149
3729.43, 3729.45, 3729.46, 3729.55, 3729.61,150
3729.99, 5101.143, 5101.52, 5101.541, 5101.542,151
5101.543, 5101.851, 5101.852, 5111.34, 5111.341,152
5111.88, 5126.054, 5139.28, and 5741.18 of the153
Revised Code; to amend the versions of sections154
5139.29, 5139.31, and 5705.19 and to repeal the155
version of section 2151.652 of the Revised Code156
that are scheduled to take effect January 1, 2002;157
and to amend the versions of sections 5139.01 and158
5139.11 of the Revised Code that are scheduled to159
take effect January 1, 2002, and to amend Section160
153 of Am. Sub. H.B. 117 of the 121st General161
Assembly, as subsequently amended; to amend162
Section 3 of Am. Sub. H.B. 440 of the 121st163
General Assembly, as subsequently amended; to164
amend Section 5 of Am. Sub. S.B. 50 of the 121st165
General Assembly, as subsequently amended; to166
amend Section 3 of Am. Sub. H.B. 215 of the 122nd167
General Assembly, as subsequently amended; to168
amend Section 3 of Am. Sub. H.B. 621 of the 122nd169
General Assembly, as subsequently amended; to170
amend Sections 6.02, 9, 21.01, and 23 of Am. Sub.171
H.B. 640 of the 123rd General Assembly; to amend172
Sections 6.01 and 18 of Am. Sub. H.B. 640 of the173
123rd General Assembly, as subsequently amended;174
to amend Section 9 of Am. Sub. S.B. 192 of the175
123rd General Assembly; to amend Section 18 of Am.176
Sub. S.B. 192 of the 123rd General Assembly, as177
subsequently amended; to amend Section 4 of Am.178
S.B. 210 of the 123rd General Assembly; to amend179
Sections 9a and 28.43 of Sub. S.B. 245 of the180
123rd General Assembly; to amend Section 129 of181
Am. Sub. H.B. 283 of the 123rd General Assembly;182
to amend Section 1 of Sub. H.B. 574 of the 123rd183
General Assembly; to amend Sections 10 and 13 of184
Am. Sub. S.B. 287 of the 123rd General Assembly;185
to repeal Section 4 of Am. Sub. H.B. 478 of the186
119th General Assembly, as subsequently amended;187
to repeal Section 18 of Am. Sub. H.B. 650 of the188
122nd General Assembly, as subsequently amended;189
to repeal Section 17 of Am. Sub. H.B. 282 of the190
123rd General Assembly, as subsequently amended;191
to repeal Section 180 of Am Sub. H.B. 283 of the192
123rd General Assembly; to repeal Section 9 of193
Sub. S.B. 245 of the 123rd General Assembly; to194
repeal Section 15 of Am. Sub. S.B. 287 of the195
123rd General Assembly; and to repeal Section 197196
of this act on January 16, 2002, to make operating197
appropriations for the biennium beginning July 1,198
2001, and ending June 30, 2003, to provide199
authorization and conditions for the operation of200
state programs, and to provide that the provisions201
of this act relative to the practices of202
orthotics, prosthetics, and pedorthics terminate203
on December 31, 2004, when sections 4779.01,204
4779.02, 4779.16, 4779.19, 4779.20, and 4779.26 of205
the Revised Code are repealed on that date.206


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

       Section 1. That sections 9.03, 9.06, 9.821, 9.822, 101.15,207
101.27, 101.30, 101.34, 101.37, 101.72, 101.73, 102.02, 102.03,208
102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18, 111.23,209
111.25, 118.08, 119.12, 120.06, 120.16, 120.26, 120.33, 121.04,210
121.371, 121.40, 121.63, 122.011, 122.71, 122.76, 122.92, 124.24,211
124.82, 125.22, 126.11, 126.21, 127.16, 131.01, 133.021, 133.06,212
133.07, 135.80, 135.81, 135.82, 135.83, 135.84, 135.85, 135.86,213
135.87, 140.01, 147.01, 147.02, 147.03, 147.05, 147.06, 147.13,214
147.14, 147.37, 147.371, 151.04, 166.03, 169.01, 173.35, 173.40,215
173.46, 173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03,216
179.04, 181.51, 181.52, 181.54, 181.55, 181.56, 183.09, 183.10,217
183.17, 183.28, 183.30, 301.27, 307.86, 313.091, 325.071,218
329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01, 503.162,219
504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63, 901.81,220
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,221
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,222
1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01, 1501.04,223
1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08,224
1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1517.05,225
1517.06, 1517.07, 1521.04, 1531.35, 1533.13, 1547.67, 1561.05,226
1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15, 1561.16,227
1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 1561.23,228
1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52, 1563.13,229
1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05, 1701.07,230
1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041,231
1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38,232
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10,233
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06,234
1901.26, 1907.24, 2303.20, 2303.201, 2317.02, 2317.022, 2329.66,235
2715.041, 2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 3109.14,236
3109.17, 3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05,237
3311.057, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08,238
3314.09, 3316.20, 3317.012, 3317.013, 3317.014, 3317.02, 3317.021,239
3317.022, 3317.023, 3317.024, 3317.029, 3317.0210, 3317.0212,240
3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06,241
3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161, 3317.162,242
3317.19, 3317.20, 3318.01, 3318.04, 3318.08, 3318.084, 3318.10,243
3318.31, 3318.36, 3319.19, 3321.01, 3323.09, 3323.091, 3327.10,244
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21, 3333.22,245
3345.05, 3345.19, 3353.07, 3383.01, 3383.02, 3383.04, 3383.07,246
3505.063, 3517.092, 3701.04, 3701.142, 3701.77, 3701.771,247
3701.772, 3702.68, 3704.034, 3721.07, 3721.10, 3721.12, 3721.13,248
3721.15, 3721.16, 3721.17, 3721.51, 3721.56, 3722.01, 3722.15,249
3722.16, 3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014,250
3745.04, 3745.11, 3745.22, 3748.07, 3748.13, 3750.02, 3750.13,251
3769.08, 3769.085, 3769.087, 3769.20, 3770.06, 3773.56, 3793.04,252
3902.23, 3923.28, 3923.29, 3923.30, 4105.17, 4115.10, 4121.44,253
4123.27, 4301.12, 4301.17, 4301.24, 4301.422, 4301.43, 4303.33,254
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08,255
4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03, 4519.10,256
4519.56, 4519.69, 4701.10, 4701.16, 4707.01, 4707.011, 4707.02,257
4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, 4707.072,258
4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, 4707.13,259
4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, 4707.23,260
4707.99, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16, 4715.21,261
4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09, 4723.08,262
4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65, 4731.14,263
4731.53, 4734.20, 4736.12, 4736.14, 4743.05, 4755.01, 4761.05,264
4775.01, 4775.02, 4775.08, 4775.99, 4779.01, 4779.02, 4779.16,265
4779.19, 4779.20, 4779.26, 4911.17, 4921.18, 4923.11, 5101.071,266
5101.14, 5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.50,267
5101.521, 5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 268
5103.031, 5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314,269
5103.0316, 5103.07, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18, 270
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,271
5111.022, 5111.041, 5111.17, 5111.231, 5111.25, 5111.251,272
5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06, 5119.22,273
5119.61, 5120.10, 5122.31, 5123.01, 5123.041, 5123.082, 5123.60,274
5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 5126.05, 5126.051,275
5126.053, 5126.06, 5126.071, 5126.08, 5126.11, 5126.12, 5126.15,276
5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.25, 5126.31,277
5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 5139.11, 5139.29,278
5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5703.17, 5703.49, 279
5705.091, 5705.19, 5705.41, 5705.44, 5709.17, 5711.33, 5721.30,280
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 5727.82, 5727.84,281
5727.85, 5727.86, 5727.87, 5728.08, 5729.07, 5731.21, 5733.02,282
5733.021, 5733.053, 5733.056, 5733.06, 5733.12, 5733.122, 5733.18,283
5733.351, 5733.401, 5733.42, 5735.06, 5735.061, 5739.01, 5739.02,284
5739.024, 5739.032, 5739.07, 5739.102, 5739.12, 5739.121, 5739.13,285
5739.18, 5741.10, 5741.12, 5743.62, 5743.63, 5745.03, 5745.04,286
5747.122, 5747.221, 5747.39, 5749.06, 6101.25, 6109.13, 6109.21,287
6111.035, and 6111.044 be amended; sections 3317.161 (3317.052),288
3317.162 (3317.053), 5101.19 (329.19), 5101.071 (5101.251),289
5101.853 (5101.851), 5101.854 (5101.853), 5108.06 (5108.03),290
5108.07 (5108.05), 5108.08 (5108.06), and 5111.87 (5111.871) be291
amended for the purpose of adopting new section numbers as292
indicated in parentheses; new sections 3318.052, 5101.852,293
5108.07, 5108.08, 5111.34, 5111.87, and 5126.054 and sections294
101.302, 101.303, 103.33, 109.761, 122.60, 122.601, 122.602,295
122.603, 122.604, 122.605, 340.16, 504.21, 1502.12, 1513.10,296
1521.19, 3302.041, 3303.01, 3305.061, 3311.058, 3311.062,297
3314.072, 3314.091, 3317.0217, 3318.042, 3318.086, 3318.363,298
3318.50, 3318.51, 3318.52, 3353.11, 3383.09, 3701.92, 3721.161,299
3721.162, 3745.10, 3745.15, 3748.08, 3750.081, 4117.102, 4715.031,300
4723.062, 4731.573, 4771.22, 4905.071, 4905.87, 5101.5110,301
5101.821, 5111.0110, 5111.042, 5111.081, 5111.171, 5111.63, 302
5111.85, 5111.86, 5111.872, 5111.873, 5119.611, 5119.612,303
5123.044, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049,304
5123.0410, 5123.0411, 5123.0412, 5123.0413, 5126.035, 5126.046,305
5126.055, 5126.056, 5126.057, 5126.14, 5126.221, 5126.313,306
5153.06, and 5139.87 be enacted; and section 1309.525 of the307
Revised Code contingently be enacted to read as follows:308

       Sec. 9.03.  (A) As used in this section, "political309
subdivision" means any body corporate and politic, except a310
municipal corporation that has adopted a charter under Section 7311
of Article XVIII, Ohio Constitution, and except a county that has312
adopted a charter under Sections 3 and 4 of Article X, Ohio313
Constitution, to which both of the following apply:314

       (1) It is responsible for governmental activities only in a315
geographic area smaller than the state.316

       (2) It is subject to the sovereign immunity of the state.317

       (B) Except as otherwise provided in division (C) of this318
section, the governing body of a political subdivision may use319
public funds to publish and distribute newsletters, or to use any320
other means, to communicate information about the plans, policies,321
and operations of the political subdivision to members of the322
public within the political subdivision and to other persons who323
may be affected by the political subdivision.324

       (C) Except as otherwise provided in division (A)(5)(7) of325
section 340.03 or division (A)(12) of section 340.033 of the326
Revised Code, no governing body of a political subdivision shall327
use public funds to do any of the following:328

       (1) Publish, distribute, or otherwise communicate329
information that does any of the following:330

       (a) Contains defamatory, libelous, or obscene matter;331

       (b) Promotes alcoholic beverages, cigarettes or other332
tobacco products, or any illegal product, service, or activity;333

       (c) Promotes illegal discrimination on the basis of race,334
color, religion, national origin, handicap, age, or ancestry;335

       (d) Supports or opposes any labor organization or any action336
by, on behalf of, or against any labor organization;337

       (e) Supports or opposes the nomination or election of a338
candidate for public office, the investigation, prosecution, or339
recall of a public official, or the passage of a levy or bond340
issue.341

       (2) Compensate any employee of the political subdivision for342
time spent on any activity to influence the outcome of an election343
for any of the purposes described in division (C)(1)(e) of this344
section. Division (C)(2) of this section does not prohibit the345
use of public funds to compensate an employee of a political346
subdivision for attending a public meeting to present information347
about the political subdivision's finances, activities, and348
governmental actions in a manner that is not designed to influence349
the outcome of an election or the passage of a levy or bond issue,350
even though the election, levy, or bond issue is discussed or351
debated at the meeting.352

       (D) Nothing in this section prohibits or restricts any353
political subdivision from sponsoring, participating in, or doing354
any of the following:355

       (1) Charitable or public service advertising that is not356
commercial in nature;357

       (2) Advertising of exhibitions, performances, programs,358
products, or services that are provided by employees of a359
political subdivision or are provided at or through premises owned360
or operated by a political subdivision;361

       (3) Licensing an interest in a name or mark that is owned or362
controlled by the political subdivision.363

       (E) As used in this section, "cigarettes" and "tobacco364
product" have the same meanings as in section 5743.01 of the365
Revised Code.366

       Sec. 9.06.  (A)(1) The department of rehabilitation and367
correction shall contract for the private operation and management368
pursuant to this section of the initial intensive program prison369
established pursuant to section 5120.033 of the Revised Code and370
may contract for the private operation and management of any other371
facility under this section. Counties and municipal corporations372
to the extent authorized in sections 307.93, 341.35, 753.03, and373
753.15 of the Revised Code, may contract for the private operation374
and management of a facility under this section. A contract375
entered into under this section shall be for an initial term of376
not more than two years, with an option to renew for additional377
periods of two years.378

       (2) Not later than December 31, 1998, the The department of379
rehabilitation and correction, by rule, shall adopt minimum380
criteria and specifications that a person or entity, other than a381
person or entity that satisfies the criteria set forth in division382
(A)(3)(a) of this section and subject to division (I) of this383
section, must satisfy in order to apply to operate and manage as a384
contractor pursuant to this section the initial intensive program385
prison established pursuant to section 5120.033 of the Revised386
Code.387

       (3) Subject to division (I) of this section, any person or388
entity that applies to operate and manage a facility as a389
contractor pursuant to this section shall satisfy one or more of390
the following criteria:391

       (a) The person or entity is accredited by the American392
correctional association and, at the time of the application,393
operates and manages one or more facilities accredited by the394
American correctional association.395

       (b) The person or entity satisfies all of the minimum396
criteria and specifications adopted by the department of397
rehabilitation and correction pursuant to division (A)(2) of this398
section, provided that this alternative shall be available only in399
relation to the initial intensive program prison established400
pursuant to section 5120.033 of the Revised Code.401

       (4) Subject to division (I) of this section, before a public402
entity may enter into a contract under this section, the403
contractor shall convincingly demonstrate to the public entity404
that it can operate the facility with the inmate capacity required405
by the public entity and provide the services required in this406
section and realize at least a five per cent savings over the407
projected cost to the public entity of providing these same408
services to operate the facility that is the subject of the409
contract. No out-of-state prisoners may be housed in any facility410
that is the subject of a contract entered into under this section.411

       (B) Subject to division (I) of this section, any contract412
entered into under this section shall include all of the413
following:414

       (1) A requirement that the contractor retain the415
contractor's accreditation from the American correctional416
association throughout the contract term or, if the contractor417
applied pursuant to division (A)(3)(b) of this section, continue418
complying with the applicable criteria and specifications adopted419
by the department of rehabilitation and correction pursuant to420
division (A)(2) of this section;421

       (2) A requirement that all of the following conditions be422
met:423

       (a) The contractor begins the process of accrediting the424
facility with the American correctional association no later than425
sixty days after the facility receives its first inmate.426

       (b) The contractor receives accreditation of the facility427
within twelve months after the date the contractor applies to the428
American correctional association for accreditation.429

       (c) Once the accreditation is received, the contractor430
maintains it for the duration of the contract term.431

       (d) If the contractor does not comply with divisions432
(B)(2)(a) to (c) of this section, the contractor is in violation433
of the contract, and the public entity may revoke the contract at434
its discretion.435

       (3) A requirement that the contractor comply with all rules436
promulgated by the department of rehabilitation and correction437
that apply to the operation and management of correctional438
facilities, including the minimum standards for jails in Ohio and439
policies regarding the use of force and the use of deadly force,440
although the public entity may require more stringent standards,441
and comply with any applicable laws, rules, or regulations of the442
federal, state, and local governments, including, but not limited443
to, sanitation, food service, safety, and health regulations. The444
contractor shall be required to send copies of reports of445
inspections completed by the appropriate authorities regarding446
compliance with rules and regulations to the director of447
rehabilitation and correction or the director's designee and, if448
contracting with a local public entity, to the governing authority449
of that entity.450

       (4) A requirement that the contractor report for451
investigation all crimes in connection with the facility to the452
public entity, to all local law enforcement agencies with453
jurisdiction over the place at which the facility is located, and,454
for a crime committed at a state correctional institution, to the455
state highway patrol;456

       (5) A requirement that the contractor immediately report all457
escapes from the facility, and the apprehension of all escapees,458
by telephone and in writing to all local law enforcement agencies459
with jurisdiction over the place at which the facility is located,460
to the prosecuting attorney of the county in which the facility is461
located, to the state highway patrol, to a daily newspaper having462
general circulation in the county in which the facility is463
located, and, if the institution facility is a state correctional464
institution, to the department of rehabilitation and correction.465
The written notice may be by either facsimile transmission or466
mail. A failure to comply with this requirement regarding an467
escape is a violation of section 2921.22 of the Revised Code.468

       (6) A requirement that, if the facility is a state469
correctional institution, the contractor provide a written report470
within specified time limits to the director of rehabilitation and471
correction or the director's designee of all unusual incidents at472
the facility as defined in rules promulgated by the department of473
rehabilitation and correction or, if the facility is a local474
correctional institution, that the contractor provide a written475
report of all unusual incidents at the facility to the governing476
authority of the local public entity;477

       (7) A requirement that the contractor maintain proper478
control of inmates' personal funds pursuant to rules promulgated479
by the department of rehabilitation and correction, for state480
correctional institutions, or pursuant to the minimum standards481
for jails along with any additional standards established by the482
local public entity, for local correctional institutions, and that483
records pertaining to these funds be made available to484
representatives of the public entity for review or audit;485

       (8) A requirement that the contractor prepare and distribute486
to the director of rehabilitation and correction or, if487
contracting with a local public entity, to the governing authority488
of the local entity, annual budget income and expenditure489
statements and funding source financial reports;490

       (9) A requirement that the public entity appoint and491
supervise a full-time contract monitor, that the contractor492
provide suitable office space for the contract monitor at the493
facility, and that the contractor allow the contract monitor494
unrestricted access to all parts of the facility and all records495
of the facility except the contractor's financial records;496

       (10) A requirement that if the facility is a state497
correctional institution, designated department of rehabilitation498
and correction staff members be allowed access to the facility in499
accordance with rules promulgated by the department;500

       (11) A requirement that the contractor provide internal and501
perimeter security as agreed upon in the contract;502

       (12) If the facility is a state correctional institution, a503
requirement that the contractor impose discipline on inmates504
housed in a state correctional institution, only in accordance505
with rules promulgated by the department of rehabilitation and506
correction;507

       (13) A requirement that the facility be staffed at all times508
with a staffing pattern approved by the public entity and adequate509
both to ensure supervision of inmates and maintenance of security510
within the facility, and to provide for programs, transportation,511
security, and other operational needs. In determining security512
needs, the contractor shall be required to consider, among other513
things, the proximity of the facility to neighborhoods and514
schools.515

       (14) If the contract is with a local public entity, a516
requirement that the contractor provide services and programs,517
consistent with the minimum standards for jails promulgated by the518
department of rehabilitation and correction under section 5120.10519
of the Revised Code;520

       (15) A clear statement that no immunity from liability521
granted to the state, and no immunity from liability granted to522
political subdivisions under Chapter 2744. of the Revised Code,523
shall extend to the contractor or any of the contractor's524
employees;525

       (16) A statement that all documents and records relevant to526
the facility shall be maintained in the same manner required for,527
and subject to the same laws, rules, and regulations as apply to,528
the records of the public entity;529

       (17) Authorization for the public entity to impose a fine on530
the contractor from a schedule of fines included in the contract531
for the contractor's failure to perform its contractual duties, or532
to cancel the contract, as the public entity considers533
appropriate. If a fine is imposed, the public entity may reduce534
the payment owed to the contractor pursuant to any invoice in the535
amount of the imposed fine.536

       (18) A statement that all services provided or goods537
produced at the facility shall be subject to the same regulations,538
and the same distribution limitations, as apply to goods and539
services produced at other correctional institutions;540

       (19) Authorization for the department to establish one or541
more prison industries at a facility operated and managed by a542
contractor for the department;543

       (20) A requirement that, if the facility is an intensive544
program prison established pursuant to section 5120.033 of the545
Revised Code, the facility shall comply with all criteria for546
intensive program prisons of that type that are set forth in that547
section;548

       (21) If the institution is a state correctional institution,549
a requirement that the contractor provide clothing for all inmates550
housed in the facility that is conspicuous in its color, style, or551
color and style, that conspicuously identifies its wearer as an552
inmate, and that is readily distinguishable from clothing of a553
nature that normally is worn outside the facility by non-inmates,554
that the contractor require all inmates housed in the facility to555
wear the clothing so provided, and that the contractor not permit556
any inmate, while inside or on the premises of the facility or557
while being transported to or from the facility, to wear any558
clothing of a nature that does not conspicuously identify its559
wearer as an inmate and that normally is worn outside the facility560
by non-inmates.561

       (C) No contract entered into under this section may require,562
authorize, or imply a delegation of the authority or563
responsibility of the public entity to a contractor for any of the564
following:565

       (1) Developing or implementing procedures for calculating566
inmate release and parole eligibility dates and recommending the567
granting or denying of parole, although the contractor may submit568
written reports that have been prepared in the ordinary course of569
business;570

       (2) Developing or implementing procedures for calculating571
and awarding earned credits, approving the type of work inmates572
may perform and the wage or earned credits, if any, that may be573
awarded to inmates engaging in such that work, and granting,574
denying, or revoking earned credits;575

       (3) For inmates serving a term imposed for a felony offense576
committed prior to July 1, 1996, or for a misdemeanor offense,577
developing or implementing procedures for calculating and awarding578
good time, approving the good time, if any, that may be awarded to579
inmates engaging in work, and granting, denying, or revoking good580
time;581

       (4) For inmates serving a term imposed for a felony offense582
committed on or after July 1, 1996, extending an inmate's term583
pursuant to the provisions of law governing bad time;584

       (5) Classifying an inmate or placing an inmate in a more or585
a less restrictive custody than the custody ordered by the public586
entity;587

       (6) Approving inmates for work release;588

       (7) Contracting for local or long distance telephone589
services for inmates or receiving commissions from such those590
services at a facility that is owned by or operated under a591
contract with the department.592

       (D) A contractor that has been approved to operate a593
facility under this section, and a person or entity that enters594
into a contract for specialized services, as described in division595
(I) of this section, relative to an intensive program prison596
established pursuant to section 5120.033 of the Revised Code to be597
operated by a contractor that has been approved to operate the598
prison under this section, shall provide an adequate policy of599
insurance specifically including, but not limited to, insurance600
for civil rights claims as determined by a risk management or601
actuarial firm with demonstrated experience in public liability602
for state governments. The insurance policy shall provide that603
the state, including all state agencies, and all political604
subdivisions of the state with jurisdiction over the facility or605
in which a facility is located are named as insured, and that the606
state and its political subdivisions shall be sent any notice of607
cancellation. The contractor may not self-insure.608

       A contractor that has been approved to operate a facility609
under this section, and a person or entity that enters into a610
contract for specialized services, as described in division (I) of611
this section, relative to an intensive program prison established612
pursuant to section 5120.033 of the Revised Code to be operated by613
a contractor that has been approved to operate the prison under614
this section, shall indemnify and hold harmless the state, its615
officers, agents, and employees, and any local government entity616
in the state having jurisdiction over the facility or ownership of617
the facility, shall reimburse the state for its costs in defending618
the state or any of its officers, agents, or employees, and shall619
reimburse any local government entity of that nature for its costs620
in defending the local government entity, from all of the621
following:622

       (1) Any claims or losses for services rendered by the623
contractor, person, or entity performing or supplying services in624
connection with the performance of the contract;625

       (2) Any failure of the contractor, person, or entity or its626
officers or employees to adhere to the laws, rules, regulations,627
or terms agreed to in the contract;628

       (3) Any constitutional, federal, state, or civil rights629
claim brought against the state related to the facility operated630
and managed by the contractor;631

       (4) Any claims, losses, demands, or causes of action arising632
out of the contractor's, person's, or entity's activities in this633
state;634

       (5) Any attorney's fees or court costs arising from any635
habeas corpus actions or other inmate suits that may arise from636
any event that occurred at the facility or was a result of such an637
event, or arise over the conditions, management, or operation of638
the facility, which fees and costs shall include, but not be639
limited to, attorney's fees for the state's representation and for640
any court-appointed representation of any inmate, and the costs of641
any special judge who may be appointed to hear such those actions642
or suits.643

       (E) Private correctional officers of a contractor operating644
and managing a facility pursuant to a contract entered into under645
this section may carry and use firearms in the course of their646
employment only after being certified as satisfactorily completing647
an approved training program as described in division (A) of648
section 109.78 of the Revised Code.649

       (F) Upon notification by the contractor of an escape from,650
or of a disturbance at, the facility that is the subject of a651
contract entered into under this section, the department of652
rehabilitation and correction and state and local law enforcement653
agencies shall use all reasonable means to recapture escapees or654
quell any disturbance. Any cost incurred by the state or its655
political subdivisions relating to the apprehension of an escapee656
or the quelling of a disturbance at the facility shall be657
chargeable to and borne by the contractor. The contractor shall658
also reimburse the state or its political subdivisions for all659
reasonable costs incurred relating to the temporary detention of660
the escapee following recapture.661

       (G) Any offense that would be a crime if committed at a662
state correctional institution or jail, workhouse, prison, or663
other correctional facility shall be a crime if committed by or664
with regard to inmates at facilities operated pursuant to a665
contract entered into under this section.666

       (H) A contractor operating and managing a facility pursuant667
to a contract entered into under this section shall pay any inmate668
workers at the facility at the rate approved by the public entity.669
Inmates working at the facility shall not be considered employees670
of the contractor.671

       (I) In contracting for the private operation and management672
pursuant to division (A) of this section of the initial intensive673
program prison established pursuant to section 5120.033 of the674
Revised Code or of any other intensive program prison established675
pursuant to that section, the department of rehabilitation and676
correction may enter into a contract with a contractor for the677
general operation and management of the prison and may enter into678
one or more separate contracts with other persons or entities for679
the provision of specialized services for persons confined in the680
prison, including, but not limited to, security or training681
services or medical, counseling, educational, or similar treatment682
programs. If, pursuant to this division, the department enters683
into a contract with a contractor for the general operation and684
management of the prison and also enters into one or more685
specialized service contracts with other persons or entities, all686
of the following apply:687

       (1) The contract for the general operation and management688
shall comply with all requirements and criteria set forth in this689
section, and all provisions of this section apply in relation to690
the prison operated and managed pursuant to the contract.691

       (2) Divisions (A)(2), (B), and (C) of this section do not692
apply in relation to any specialized services contract, except to693
the extent that the provisions of those divisions clearly are694
relevant to the specialized services to be provided under the695
specialized services contract. Division (D) of this section696
applies in relation to each specialized services contract.697

       (J) As used in this section:698

       (1) "Public entity" means the department of rehabilitation699
and correction, or a county or municipal corporation or a700
combination of counties and municipal corporations, that has701
jurisdiction over a facility that is the subject of a contract702
entered into under this section.703

       (2) "Local public entity" means a county or municipal704
corporation, or a combination of counties and municipal705
corporations, that has jurisdiction over a jail, workhouse, or706
other correctional facility used only for misdemeanants that is707
the subject of a contract entered into under this section.708

       (3) "Governing authority of a local public entity" means, for709
a county, the board of county commissioners; for a municipal710
corporation, the legislative authority; for a combination of711
counties and municipal corporation, all the boards of county712
commissioners and municipal legislative authorities that joined to713
create the facility.714

       (4) "Contractor" means a person who or entity that enters715
into a contract under this section to operate and manage a jail,716
workhouse, or other correctional facility.717

       (5) "Facility" means the specific county, multicounty,718
municipal, municipal-county, or multicounty-municipal jail,719
workhouse, prison, or other type of correctional institution or720
facility used only for misdemeanants, or a state correctional721
institution, that is the subject of a contract entered into under722
this section.723

       (6) "Person or entity" in the case of a contract for the724
private operation and management of a state correctional725
institution, includes an employee organization, as defined in726
section 4117.01 of the Revised Code, that represents employees at727
state correctional institutions.728

       Sec. 9.821.  (A) The department of administrative services729
shall direct and manage for state agencies all risk management and730
insurance programs authorized under section 9.822 of the Revised731
Code.732

       (B) The office of risk management is hereby established733
within the department of administrative services. The director of734
administrative services, or a deputy director appointed by the735
director, shall control and supervise the office.736

       (C) The office may take any of the following actions that it737
determines to be in the best interests of the state:738

       (1) Provide all insurance coverages for the state,739
including, but not limited to, automobile liability, casualty,740
property, public liability, and, except as provided in division741
(C)(6) of this section, fidelity bond insurance;. The cost of742
insurance coverage shall be paid from appropriations made to the743
state agencies that the office has designated to receive the744
coverage.745

       (2) Provide coverage of legal expenses that are necessary746
and related to the legal defense of claims against the state;747

       (3) Purchase insurance policies consistent with sections748
125.01 to 125.111 of the Revised Code, develop and administer749
self-insurance programs, or do both;750

       (4) Consolidate and combine state insurance coverages;751

       (5) Provide technical services in risk management and752
insurance to state agencies;753

       (6)(a) Establish and administer a self-insured fidelity bond754
program for a particular class or subclass of state officer,755
employee, or agent, if, prior to the establishment and756
administration of this program, the director does both of the757
following:758

       (i) Holds a hearing in accordance with Chapter 119. of the759
Revised Code to determine whether fidelity bond insurance for that760
particular class or subclass of state officer, employee, or agent761
is available in the voluntary market;762

       (ii) If, as a result of that hearing, the director763
determines that fidelity bond insurance for a particular class or764
subclass of state officer, employee, or agent is unavailable in765
the voluntary market and that the absence of this insurance766
threatens the operation of state government and will be767
detrimental to the general welfare of the citizens of this state,768
adopts rules in accordance with Chapter 119. of the Revised Code769
to establish standards and procedures governing the establishment,770
administration, and termination of the fidelity bond program for771
that particular class or subclass of state officer, employee, or772
agent.773

       (b) Division (C)(6)(a) of this section does not apply to any774
self-insured blanket fidelity bond program that, on the effective775
date of this section September 20, 1993, has been established776
pursuant to section 9.831 or 9.832 of the Revised Code.777

       (7) Except as provided in division (C)(6) of this section,778
adopt and publish, in accordance with section 111.15 of the779
Revised Code, necessary rules and procedures governing the780
administration of the state's insurance and risk management781
activities.782

       (D) No state agency, except a state agency exempted under783
section 125.02 or 125.04 of the Revised Code from the department's784
purchasing authority, shall purchase any insurance described in785
this section except as authorized by the department and in786
accordance with terms, conditions, and procurement methods787
established by the department.788

       (E) With respect to any civil action, demand, or claim789
against the state that could be filed in the court of claims,790
nothing in sections 9.82 to 9.823 of the Revised Code shall be791
interpreted to permit the settlement or compromise of those civil792
actions, demands, or claims, except in the manner provided in793
Chapter 2743. of the Revised Code.794

       Sec. 9.822.  (A) The department of administrative services795
through the office of risk management shall establish an insurance796
plan or plans, which that may provide for self-insurance or the797
purchase of insurance, or both, for any of the following purposes:798

       (1) Insuring state real and personal property against losses799
occasioned by fire, windstorm, or other accidents and perils;800

       (2) Insuring the state and its officers and employees801
against liability resulting from any civil action, demand, or802
claim against the state or its officers and employees arising out803
of any act or omission of an officer or employee in the804
performance of his official duties, except acts and omissions for805
which indemnification is prohibited under section 9.87 of the806
Revised Code;807

       (3) Insuring the state through the fidelity bonding of state808
officers, employees, and agents who are required by law to provide809
a fidelity bond.810

       (B)(1) Prior to the establishment of any self-insured811
fidelity bond program for a particular class or subclass of state812
officer, employee, or agent authorized pursuant to division (A)(3)813
of this section, the director of administrative services shall814
follow the procedures for holding a hearing and adopting rules set815
forth in division (C)(6)(a) of section 9.821 of the Revised Code.816

       (2) Division (B)(1) of this section does not apply to any817
self-insured blanket fidelity bond program that, on the effective818
date of this section September 20, 1993, has been established819
pursuant to section 9.831 or 9.832 of the Revised Code.820

       (3) The director shall prepare annually a written report821
detailing any self-insured fidelity bond program established822
pursuant to division (A)(3) of this section. The report shall823
include, but is not limited to, information relating to premiums824
collected, income from recovery, loss experience, and825
administrative costs of the program. A copy of the report,826
together with a copy of those portions of the most recent reports827
submitted under division (D) of section 9.823 of the Revised Code828
and pertaining that pertain to any such self-insured fidelity bond829
program, shall be submitted to the speaker of the house of830
representatives and the president of the senate by the first last831
day of September March of each year.832

       Sec. 101.15.  (A) As used in this section:833

       (1) "Caucus" means all of the members of either house of the834
general assembly who are members of the same political party.835

       (2) "Committee" means any committee of either house of the836
general assembly, a joint committee of both houses of the general837
assembly, including a committee of conference, or a subcommittee838
of any committee listed in division (A)(2) of this section.839

       (3) "Meeting" means any prearranged discussion of the public840
business of a committee by a majority of its members.841

       (B) Except as otherwise provided in division (F) of this842
section, all meetings of any committee are declared to be public843
meetings open to the public at all times. The secretary assigned844
to the chairperson of the committee shall prepare, file, and845
maintain the minutes of every regular or special meeting of a846
committee. The committee, at its next regular or special meeting,847
shall approve the minutes prepared, filed, and maintained by the848
secretary, or, if the minutes prepared, filed, and maintained by849
the secretary require correction before their approval, the850
committee shall correct and approve the minutes at the next851
following regular or special meeting. The committee shall make852
the minutes available for public inspection not later than seven853
days after the meeting the minutes reflect or not later than the854
committee's next regular or special meeting, whichever occurs855
first.856

       (C) Each committee shall establish by rule a reasonable857
method whereby any person may determine the time and place of all858
regularly scheduled meetings and the time, place, and purpose of859
all special meetings. No committee shall hold a regular or860
special meeting unless it gives at least twenty-four hours'861
advance notice to the news media that have requested notification.862

       The rule method established by each committee shall provide863
that, upon request and payment of a reasonable fee, any person may864
obtain reasonable advance notification of all meetings at which865
any specific type of public business will be discussed. Provisions866
for advance notification may include, but are not limited to,867
mailing the agenda of meetings to all subscribers on a mailing868
list or mailing notices in self-addressed stamped envelopes869
provided by the person who desires advance notification.870

       (D) Any action of a committee relating to a bill or871
resolution, or any other formal action of a committee, is invalid872
unless taken in an open meeting of the committee. Any action of a873
committee relating to a bill or resolution, or any other formal874
action of a committee, taken in an open meeting is invalid if it875
results from deliberations in a meeting not open to the public.876

       (E)(1) Any person may bring an action to enforce this877
section. An action under this division shall be brought within878
two years after the date of the alleged violation or threatened879
violation. Upon proof of a violation or threatened violation of880
this section in an action brought by any person, the court of881
common pleas shall issue an injunction to compel the members of882
the committee to comply with its provisions.883

       (2)(a) If the court of common pleas issues an injunction884
under division (E)(1) of this section, the court shall order the885
committee that it enjoins to pay a civil forfeiture of five886
hundred dollars to the party that sought the injunction and shall887
award to that party all court costs and, subject to reduction as888
described in this division, reasonable attorney's fees. The889
court, in its discretion, may reduce an award of attorney's fees890
to the party that sought the injunction or not award attorney's891
fees to that party if the court determines both of the following:892

       (i) That, based on the ordinary application of statutory law893
and case law as it existed at the time of the violation or894
threatened violation that was the basis of the injunction, a895
well-informed committee reasonably would believe that the896
committee was not violating or threatening to violate this897
section;898

       (ii) That a well-informed committee reasonably would believe899
that the conduct or threatened conduct that was the basis of the900
injunction would serve the public policy that underlies the901
authority that is asserted as permitting that conduct or902
threatened conduct.903

       (b) If the court of common pleas does not issue an904
injunction under division (E)(1) of this section and the court905
determines at that time that the bringing of the action was906
frivolous conduct as defined in division (A) of section 2323.51 of907
the Revised Code, the court shall award to the committee all court908
costs and reasonable attorney's fees, as determined by the court.909

       (3) Irreparable harm and prejudice to the party that sought910
the injunction shall be conclusively and irrebuttably presumed911
upon proof of a violation or threatened violation of this section.912

       (4) A member of a committee who knowingly violates an913
injunction issued under division (E)(1) of this section may be914
removed from office by an action brought in the court of common915
pleas for that purpose by the prosecuting attorney of Franklin916
county or by the attorney general.917

       (5) The remedies described in divisions (E)(1) to (4) of918
this section shall be the exclusive remedies for a violation of919
this section.920

       (F) This section does not apply to or affect either of the921
following:922

       (1) All meetings of the joint legislative ethics committee923
created under section 101.34 of the Revised Code other than a924
meeting that is held for any of the following purposes:925

       (a) To consider the adoption, amendment, or recission of any926
rule that the joint legislative ethics committee is authorized to927
adopt pursuant to division (B)(11) of section 101.34, division (E)928
of section 101.78, division (B) of section 102.02, or division (E)929
of section 121.68 of the Revised Code;930

       (b) To discuss and consider changes to any administrative931
operation of the joint legislative ethics committee other than any932
matter described in division (G) of section 121.22 of the Revised933
Code;934

       (c) To discuss pending or proposed legislation.935

       (2) Meetings of a caucus.936

       (G) For purposes of division (F)(1)(a) of this section, an937
advisory opinion, written opinion, or decision relative to a938
complaint is not a rule.939

       Sec. 101.27.  (A)(1) Every member of the senate, except the940
members elected president, president pro tempore, assistant941
president pro tempore, majority whip, minority leader, assistant942
minority leader, minority whip, and assistant minority whip, shall943
receive as compensation a salary of fifty-one thousand six944
hundred seventy-four dollars a year during the senator's term of945
office. Every member of the house of representatives, except the946
members elected speaker, speaker pro tempore, majority floor947
leader, assistant majority floor leader, majority whip, assistant948
majority whip, minority leader, assistant minority leader,949
minority whip, and assistant minority whip, shall receive as950
compensation a salary of fifty-one thousand six hundred951
seventy-four dollars a year during the representative's term of952
office. Such salaries shall be paid in equal monthly installments953
during such term. All monthly payments shall be made on or before954
the fifth day of each month. Upon the death of any member of the955
general assembly during the member's term of office, any unpaid956
salary due such member for the remainder of the member's term957
shall be paid to the member's dependent, surviving spouse,958
children, mother, or father, in the order in which the959
relationship is set forth in this section in monthly installments.960

       (2) Each member shall receive a travel allowance961
reimbursement per mile each way, at the same mileage rate allowed962
for the reimbursement of travel expenses of state agents as963
provided by rule of the director of budget and management pursuant964
to division (B) of section 126.31 of the Revised Code, for mileage965
not more than once a week during the session for travel incurred966
by a member from and to the member's place of residence, by the967
most direct highway route of public travel to and from the seat of968
government, to be paid quarterly on the last day of March, June,969
September, and December of each year.970

       (3) The member of the senate elected president and the971
member of the house of representatives elected speaker shall each972
receive as compensation a salary of eighty thousand five hundred973
forty-nine dollars a year during the president's or speaker's term974
of office.975

       The member of the senate elected president pro tempore, the976
member of the senate elected minority leader, the member of the977
house of representatives elected speaker pro tempore, and the978
member of the house of representatives elected minority leader979
shall each receive as compensation a salary of seventy-three980
thousand four hundred ninety-three dollars a year during the981
member's term of office. The member of the house of982
representatives elected majority floor leader and the member of983
the senate elected assistant president pro tempore shall each984
receive as compensation a salary of sixty-nine thousand two985
hundred twenty-seven dollars a year during the member's term of986
office. The member of the senate elected assistant minority987
leader and the member of the house of representatives elected988
assistant minority leader shall each receive as compensation a989
salary of sixty-seven thousand ninety-nine dollars a year during990
the member's term of office. The member of the senate elected991
majority whip and the member of the house of representatives992
elected assistant majority floor leader shall each receive a993
salary of sixty-four thousand nine hundred sixty-seven dollars a994
year during the member's term of office. The member of the senate995
elected minority whip, the member of the house of representatives996
elected majority whip, and the member of the house of997
representatives elected minority whip shall each receive as998
compensation a salary of sixty thousand seven hundred six999
dollars a year during the member's term of office. The member of1000
the house of representatives elected assistant majority whip shall1001
receive as compensation a salary of fifty-six thousand four1002
hundred forty-three dollars a year during the member's term of1003
office. The member of the house of representatives elected1004
assistant minority whip and the member of the senate elected1005
assistant minority whip shall each receive a salary of fifty-four1006
thousand sixty dollars a year during the member's term of office.1007

       (4) The chairperson of the finance committee of each house1008
shall receive an additional sum of ten thousand dollars annually. 1009
The chairperson of each standing committee of each house other1010
than the finance committee shall receive an additional sum of six1011
thousand five hundred dollars annually. The chairperson of each1012
standing subcommittee of a finance committee shall receive an1013
additional sum of six thousand five hundred dollars annually. 1014
The vice-chairperson of the finance committee of each house shall1015
receive an additional sum of five thousand five hundred dollars1016
annually. The ranking minority member of the finance committee1017
of each house shall receive an additional sum of six thousand1018
five hundred dollars annually. The ranking minority member of1019
each standing subcommittee of a finance committee shall receive an1020
additional sum of five thousand dollars annually. The1021
chairperson of each standing subcommittee of each house other than1022
a standing subcommittee of the finance committee shall receive an1023
additional sum of five thousand dollars annually. The1024
vice-chairperson and ranking minority member of each standing1025
committee of each house other than the finance committee shall1026
each receive an additional sum of five thousand dollars1027
annually. Except for the ranking minority member of each standing1028
subcommittee of a finance committee, the ranking minority member1029
of each standing subcommittee of each house shall receive an1030
additional sum of two thousand five hundred dollars annually.1031

       No member may receive more than one additional sum for1032
serving as chairperson, vice-chairperson, or ranking minority1033
member of a standing committee or standing subcommittee,1034
regardless of the number of standing committees or standing1035
subcommittees on which the member serves as chairperson,1036
vice-chairperson, or ranking minority member.1037

       (5) If a member is absent without leave, or is not excused1038
on the member's return, there shall be deducted from the member's1039
compensation twenty dollars for each day's absence.1040

       (B) Each calendar year from 2002 through 2008, the salary1041
amounts under divisions (A)(1) and (3) of this section shall be1042
increased by the lesser of the following:1043

       (1) Three per cent;1044

       (2) The percentage increase, if any, in the consumer price1045
index over the twelve-month period that ends on the thirtieth day1046
of September of the immediately preceding year, rounded to the1047
nearest one-tenth of one per cent.1048

       (C) As used in this section:1049

       (1) "Consumer price index" means the consumer price index1050
prepared by the United States bureau of labor statistics (U.S.1051
city average for urban wage earners and clerical workers: all1052
items, 1982-1984=100), or, if that index is no longer published, a1053
generally available comparable index.1054

       (2) "Finance committee" means the finance committee of the1055
senate and the finance-appropriations committee of the house of1056
representatives.1057

       Sec. 101.30.  (A) As used in this section and in sections1058
101.302 and 101.303 of the Revised Code:1059

       (1) "Legislative document" includes, but is not limited to,1060
all of the following:1061

       (a) A working paper, work product, correspondence,1062
preliminary draft, note, proposed bill or resolution, proposed1063
amendment to a bill or resolution, analysis, opinion, memorandum,1064
or other document in whatever form or format prepared by1065
legislative staff for a member of the general assembly or for1066
general assembly staff;1067

       (b) Any document or material in whatever form or format1068
provided by a member of the general assembly or general assembly1069
staff to legislative staff that requests, or that provides1070
information or materials to assist in, the preparation of any of1071
the items described in division (A)(1)(a) of this section;1072

       (c) Any summary of a bill or resolution or of an amendment1073
to a bill or resolution in whatever form or format that is1074
prepared by or in the possession of a member of the general1075
assembly or general assembly staff, if the summary is prepared1076
before the bill, resolution, or amendment is filed for1077
introduction or presented at a committee hearing or floor session,1078
as applicable.1079

       (2) "Legislative staff" means the staff of the legislative1080
service commission, legislative budget office of the legislative1081
service commission, or any other legislative agency included in1082
the legislative service commission budget group.1083

       (3) "General assembly staff" means an officer or employee of1084
either house of the general assembly who acts on behalf of a1085
member of the general assembly or on behalf of a committee or1086
either house of the general assembly.1087

       (B)(1) Legislative staff shall maintain a confidential1088
relationship with each member of the general assembly, and with1089
each member of the general assembly staff, with respect to1090
communications between the member of the general assembly or1091
general assembly staff and legislative staff. Except as otherwise1092
provided in this division and division (C) of this section, a1093
legislative document arising out of this confidential relationship1094
is not a public record for purposes of section 149.43 of the1095
Revised Code. When it is in the public interest and with the1096
consent of the commission, the director of the commission may1097
release to the public any legislative document in the possession1098
of the commission staff arising out of a confidential relationship1099
with a former member of the general assembly or former member of1100
the general assembly staff who is not available to make the1101
legislative document a public record as provided in division (C)1102
of this section because of death or disability, whom the director1103
is unable to contact for that purpose, or who fails to respond to1104
the director after the director has made a reasonable number of1105
attempts to make such contact.1106

       (2) Legislative documents that are not public records under1107
divisions (B)(1) and (C) of this section are not subject to1108
subpoena duces tecum. A member of the general assembly, member of1109
the general assembly staff, or member of the legislative staff1110
neither is subject to subpoena or subpoena duces tecum, nor may be1111
compelled to testify, with regard to legislative documents that1112
are not public records under divisions (B)(1) and (C) of this1113
section.1114

       (C)(1) A legislative document is a public record for1115
purposes of section 149.43 of the Revised Code if it is an1116
analysis, synopsis, fiscal note, or local impact statement1117
prepared by legislative staff that is required to be prepared by1118
law, or by a rule of either house of the general assembly, for the1119
benefit of the members of either or both of those houses or any1120
legislative committee and if it has been presented to those1121
members.1122

       (2) A legislative document is a public record for purposes1123
of section 149.43 of the Revised Code if a member of the general1124
assembly for whom legislative staff prepared the legislative1125
document does any of the following:1126

       (a) Files it for introduction with the clerk of the senate1127
or the clerk of the house of representatives, if it is a bill or1128
resolution;1129

       (b) Presents it at a committee hearing or floor session, if1130
it is an amendment to a bill or resolution or is a substitute bill1131
or resolution;1132

       (c) Releases it, or authorizes general assembly staff or1133
legislative staff to release it, to the public.1134

       Sec. 101.302.  A member of the general assembly, a member of1135
the general assembly staff, and a member of the legislative staff,1136
in their respective capacities as such, are not liable in a civil1137
action for any legislative act or duty. In relation to any1138
legislative act or duty, a member of the general assembly, a1139
member of the general assembly staff, or a member of the1140
legislative staff is not subject to subpoena or subpoena duces1141
tecum in a civil action, may not be made party to a civil action,1142
and may not be compelled to testify or to produce tangible1143
evidence in a civil action.1144

       This section is cumulative to Ohio Constitution, Article II,1145
Section 12.1146

       Sec. 101.303.  A member of the legislative staff shall not1147
be compelled to testify or to produce tangible evidence concerning1148
any communication with or any advice or assistance given to a1149
member of the general assembly or a member of the general assembly1150
staff in relation to any legislative act or duty.1151

       Sec. 101.34.  (A) There is hereby created a joint1152
legislative ethics committee to serve the general assembly. The1153
committee shall be composed of twelve members, six each from the1154
two major political parties, and each member shall serve on the1155
committee during the member's term as a member of that general1156
assembly. Six members of the committee shall be members of the1157
house of representatives appointed by the speaker of the house of1158
representatives, not more than three from the same political1159
party, and six members of the committee shall be members of the1160
senate appointed by the president of the senate, not more than1161
three from the same political party. A vacancy in the committee1162
shall be filled for the unexpired term in the same manner as an1163
original appointment. The members of the committee shall be1164
appointed within fifteen days after the first day of the first1165
regular session of each general assembly and the committee shall1166
meet and proceed to recommend an ethics code not later than thirty1167
days after the first day of the first regular session of each1168
general assembly.1169

       In the first regular session of each general assembly, the1170
speaker of the house of representatives shall appoint the1171
chairperson of the committee from among the house members of the1172
committee and the president of the senate shall appoint the1173
vice-chairperson of the committee from among the senate members of1174
the committee. In the second regular session of each general1175
assembly, the president of the senate shall appoint the1176
chairperson of the committee from among the senate members of the1177
committee and the speaker of the house of representatives shall1178
appoint the vice-chairperson of the committee from among the house1179
members of the committee. The chairperson, vice-chairperson, and1180
members of the committee shall serve until their respective1181
successors are appointed or until they are no longer members of1182
the general assembly.1183

       The committee shall meet at the call of the chairperson or1184
upon the written request of seven members of the committee.1185

       (B) The joint legislative ethics committee:1186

       (1) Shall recommend a code of ethics which is consistent1187
with law to govern all members and employees of each house of the1188
general assembly and all candidates for the office of member of1189
each house;1190

       (2) May receive and hear any complaint which alleges a1191
breach of any privilege of either house, or misconduct of any1192
member, employee, or candidate, or any violation of the1193
appropriate code of ethics;1194

       (3) May obtain information with respect to any complaint1195
filed pursuant to this section and to that end may enforce the1196
attendance and testimony of witnesses, and the production of books1197
and papers;1198

       (4) May recommend whatever sanction is appropriate with1199
respect to a particular member, employee, or candidate as will1200
best maintain in the minds of the public a good opinion of the1201
conduct and character of members and employees of the general1202
assembly;1203

       (5) May recommend legislation to the general assembly1204
relating to the conduct and ethics of members and employees of and1205
candidates for the general assembly;1206

       (6) Shall employ an executive director for the committee and1207
may employ such other staff as the committee determines necessary1208
to assist it in exercising its powers and duties. The executive1209
director and staff of the committee shall be known as the office1210
of legislative inspector general. At least one member of the1211
staff of the committee shall be an attorney at law licensed to1212
practice law in this state. The appointment and removal of the1213
executive director shall require the approval of at least eight1214
members of the committee.1215

       (7) May employ a special counsel to assist the committee in1216
exercising its powers and duties. The appointment and removal of1217
a special counsel shall require the approval of at least eight1218
members of the committee.1219

       (8) Shall act as an advisory body to the general assembly1220
and to individual members, candidates, and employees on questions1221
relating to ethics, possible conflicts of interest, and financial1222
disclosure;1223

       (9) Shall provide for the proper forms on which the1224
statement required pursuant to section 102.02 of the Revised Code1225
shall be filed and instructions as to the filing of the statement;1226

       (10) Exercise the powers and duties prescribed under1227
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised1228
Code;1229

       (11) Adopt in accordance with section 111.15 of the Revised1230
Code any rules that are necessary to implement and clarify Chapter1231
102. and sections 2921.42 and 2921.43 of the Revised Code.1232

       (C) There is hereby created in the state treasury the joint1233
legislative ethics committee fund. All money collected from1234
registration fees and late filing fees prescribed under sections1235
101.72 and 121.62 of the Revised Code shall be deposited into the1236
state treasury to the credit of the fund. Money credited to the1237
fund and any interest and earnings from the fund shall be used1238
solely for the operation of the joint legislative ethics committee1239
and the office of legislative inspector general and for the1240
purchase of data storage and computerization facilities for the1241
statements filed with the joint committee under sections 101.73,1242
101.74, 121.63, and 121.64 of the Revised Code.1243

       (D) The chairperson of the joint committee shall issue a1244
written report, not later than the thirty-first day of January of1245
each year, to the speaker and minority leader of the house of1246
representatives and to the president and minority leader of the1247
senate that lists the number of committee meetings and1248
investigations the committee conducted during the immediately1249
preceding calendar year and the number of advisory opinions it1250
issued during the immediately preceding calendar year.1251

       (E) Any investigative report that contains facts and1252
findings regarding a complaint filed with the committee and that1253
is prepared by the staff of the committee or a special counsel to1254
the committee shall become a public record upon its acceptance by1255
a vote of the majority of the members of the committee, except for1256
any names of specific individuals and entities contained in the1257
report. If the committee recommends disciplinary action or1258
reports its findings to the appropriate prosecuting authority for1259
proceedings in prosecution of the violations alleged in the1260
complaint, the investigatory report regarding the complaint shall1261
become a public record in its entirety.1262

       (F)(1) Any file obtained by or in the possession of the1263
former house ethics committee or former senate ethics committee1264
shall become the property of the joint legislative ethics1265
committee. Any such file is confidential if either of the1266
following applies:1267

       (a) It is confidential under section 102.06 of the Revised1268
Code or the legislative code of ethics.1269

       (b) If the file was obtained from the former house ethics1270
committee or from the former senate ethics committee, it was1271
confidential under any statute or any provision of a code of1272
ethics that governed the file.1273

       (2) As used in this division, "file" includes, but is not1274
limited to, evidence, documentation, or any other tangible thing.1275

       Sec. 101.37. (A) There is hereby created the joint council on1276
mental retardation and developmental disabilities. The joint1277
council shall consist of three members of the house of1278
representatives appointed by the speaker of the house of1279
representatives, not more than two of whom shall be members of the1280
same political party, three members of the senate appointed by the1281
president of the senate, not more than two of whom shall be1282
members of the same political party, and the director of mental1283
retardation and developmental disabilities. At least one member1284
of the joint council appointed by the speaker of the house of1285
representatives and at least one member appointed by the president1286
of the senate shall be a member of the house or senate committee1287
with primary responsibility for appropriation issues and at least1288
one member appointed by the speaker and at least one member1289
appointed by the president shall be a member of the house or1290
senate committee with primary responsibility for human services1291
issues. Members1292

       Members of the joint council shall be reimbursed for their1293
actual and necessary expenses incurred in the performance of their1294
official duties, provided that reimbursement for such expenses1295
shall not exceed limits imposed upon the department of mental1296
retardation and developmental disabilities by administrative rules1297
regulating travel within this state. Members shall receive no1298
other compensation. The1299

       The joint council shall organize itself within fifteen days1300
after the commencement of each regular session of the general1301
assembly by electing a chairperson and vice-chairperson. The1302
joint council may meet upon the call of the chairperson, the1303
director, or on the request of any three members. Members1304

       Members of the joint council who are appointed from the1305
general assembly shall serve until the expiration of their terms1306
in the general assembly. Any vacancies occurring among the1307
general assembly members of the joint council shall be filled in1308
the manner of the original appointment.1309

       (B) The joint council shall do all of the following:1310

       (A)(1) Appoint the original members of the citizen's1311
advisory council at any institution under the control of the1312
department of mental retardation and developmental disabilities1313
that is created after November 15, 1981;1314

       (B)(2) Make final determinations in any dispute between the1315
director of mental retardation and developmental disabilities and1316
a citizen's advisory council concerning the appointment of members1317
to the citizen's advisory council, as provided for in section1318
5123.092 of the Revised Code;1319

       (C)(3) Receive reports from citizen's advisory councils on1320
or before the thirty-first day of January of each year, as1321
required by section 5123.093 of the Revised Code;1322

       (D)(4) Receive reports as appropriate concerning extenuating1323
circumstances at institutions under the control of the department1324
of mental retardation and developmental disabilities;1325

       (E)(5) Conduct reviews and make recommendations to the1326
director of mental retardation and developmental disabilities with1327
respect to any disputes between the department of mental1328
retardation and developmental disabilities and entities that have1329
entered into contracts with the department for the provision of1330
protective services to individuals with mental retardation or1331
developmental disabilities;1332

       (6) Provide the director of mental retardation and1333
developmental disabilities with advice on legislative and fiscal1334
issues affecting the department of mental retardation and1335
developmental disabilities, county boards of mental retardation1336
and developmental disabilities, persons with mental retardation or1337
developmental disabilities, and providers of services to persons1338
with mental retardation or developmental disabilities and on1339
related issues the director requests the joint council to address;1340

       (F)(7) On behalf of the director of mental retardation and1341
developmental disabilities, advocate to the general assembly1342
legislative issues about which the joint council has provided1343
advice to the director.1344

       (C) Reports and any correspondence received by the joint1345
council shall be deposited with the legislative service1346
commission, which shall retain them for not less than three years1347
after the date of deposit.1348

       Sec. 101.72.  (A) Each legislative agent and employer,1349
within ten days following an engagement of a legislative agent,1350
shall file with the joint legislative ethics committee an initial1351
registration statement showing all of the following:1352

       (1) The name, business address, and occupation of the1353
legislative agent;1354

       (2) The name and business address of the employer and the1355
real party in interest on whose behalf the legislative agent is1356
actively advocating, if it is different from the employer. For1357
the purposes of division (A) of this section, where a trade1358
association or other charitable or fraternal organization that is1359
exempt from federal income taxation under subsection 501(c) of the1360
federal Internal Revenue Code is the employer, the statement need1361
not list the names and addresses of each member of the association1362
or organization, so long as the association or organization itself1363
is listed.1364

       (3) A brief description of the type of legislation to which1365
the engagement relates.1366

       (B) In addition to the initial registration statement1367
required by division (A) of this section, each legislative agent1368
and employer shall file with the joint committee, not later than1369
the last day of January, May, and September of each year, an1370
updated registration statement that confirms the continuing1371
existence of each engagement described in an initial registration1372
statement and that lists the specific bills or resolutions on1373
which the agent actively advocated under that engagement during1374
the period covered by the updated statement, and with it any1375
statement of expenditures required to be filed by section 101.731376
of the Revised Code and any details of financial transactions1377
required to be filed by section 101.74 of the Revised Code.1378

       (C) If a legislative agent is engaged by more than one1379
employer, the agent shall file a separate initial and updated1380
registration statement for each engagement. If an employer1381
engages more than one legislative agent, the employer need file1382
only one updated registration statement under division (B) of this1383
section, which shall contain the information required by division1384
(B) of this section regarding all of the legislative agents1385
engaged by the employer.1386

       (D)(1) A change in any information required by division1387
(A)(1), (2), or (B) of this section shall be reflected in the next1388
updated registration statement filed under division (B) of this1389
section.1390

       (2) Within thirty days after the termination of an1391
engagement, the legislative agent who was employed under the1392
engagement shall send written notification of the termination to1393
the joint committee.1394

       (E) Except as otherwise provided in this division, a1395
registration fee of ten dollars shall be charged for filing an1396
initial registration statement. All money collected from this1397
registration fee fees under this division and late filing fees1398
under division (G) of this section shall be deposited to the1399
credit of the joint legislative ethics committee fund created1400
under section 101.34 of the Revised Code. An1401

       An officer or employee of a state agency who actively1402
advocates in a fiduciary capacity as a representative of that1403
state agency need not pay the registration fee prescribed by this1404
division or file expenditure statements under section 101.73 of1405
the Revised Code. As used in this division, "state agency" does1406
not include a state institution of higher education as defined in1407
section 3345.011 of the Revised Code.1408

       (F) Upon registration pursuant to division (A) of this1409
section, the legislative agent shall be issued a card by the joint1410
committee showing that the legislative agent is registered. The1411
registration card and the legislative agent's registration shall1412
be valid from the date of their issuance until the next1413
thirty-first day of December of an even-numbered year.1414

       (G) The executive director of the joint committee shall be1415
responsible for reviewing each registration statement filed with1416
the joint committee under this section and for determining whether1417
the statement contains all of the information required by this1418
section. If the joint committee determines that the registration1419
statement does not contain all of the required information or that1420
a legislative agent or employer has failed to file a registration1421
statement, the joint committee shall send written notification by1422
certified mail to the person who filed the registration statement1423
regarding the deficiency in the statement or to the person who1424
failed to file the registration statement regarding the failure.1425
Any person so notified by the joint committee shall, not later1426
than fifteen days after receiving the notice, file a registration1427
statement or an amended registration statement that does contain1428
all of the information required by this section. If any person1429
who receives a notice under this division fails to file a1430
registration statement or such an amended registration statement1431
within this fifteen-day period, the joint committee shall notify1432
the attorney general, who may take appropriate action as1433
authorized under section 101.79 of the Revised Code. If the joint1434
committee notifies the attorney general under this division, the1435
joint committee shall also notify in writing the governor and each1436
member of the general assembly of the pending investigation assess1437
a late filing fee equal to twelve dollars and fifty cents per day,1438
up to a maximum of one hundred dollars, upon that person. The1439
joint committee may waive the late filing fee for good cause1440
shown.1441

       (H) On or before the fifteenth day of March of each year,1442
the joint committee shall, in the manner and form that it1443
determines, publish a report containing statistical information on1444
the registration statements filed with it under this section1445
during the preceding year.1446

       Sec. 101.73.  (A) Each legislative agent and each employer1447
shall file in the office of the joint legislative ethics1448
committee, with the updated registration statement required by1449
division (B) of section 101.72 of the Revised Code, a statement of1450
expenditures as specified in divisions (B) and (C) of this1451
section. A legislative agent shall file a separate statement of1452
expenditures under this section for each employer engaging him the1453
legislative agent.1454

       (B)(1) In addition to the information required by divisions1455
(B)(2) and (3) of this section, a statement filed by a legislative1456
agent shall show the total amount of expenditures made by the1457
legislative agent during the reporting period covered by the1458
statement.1459

       (2) If, during a reporting period covered by a statement, an1460
employer or any legislative agent he the employer engaged made,1461
either separately or in combination with each other, either1462
directly or indirectly, expenditures to, at the request of, for1463
the benefit of, or on behalf of any particular member of the1464
general assembly, any particular member of the controlling board,1465
the governor, the director of a department created under section1466
121.02 of the Revised Code, or any particular member of the staff1467
of any of the public officers or employees listed in division1468
(B)(2) of this section, then the employer or legislative agent1469
shall also state all of the following:1470

       (a) The name of the public officer or employee to whom, at1471
whose request, for whose benefit, or on whose behalf the1472
expenditures were made;1473

       (b) The total amount of the expenditures made;1474

       (c) A brief description of the expenditures made;1475

       (d) The approximate date the expenditures were made;1476

       (e) The specific items of legislation, if any, for which the1477
expenditures were made and the identity of the client on whose1478
behalf each expenditure was made.1479

       As used in division (B)(2) of this section, "expenditures"1480
does not include expenditures made by a legislative agent as1481
payment for meals and other food and beverages.1482

       (3) If, during a reporting period covered by a statement, a1483
legislative agent made expenditures as payment for meals and other1484
food and beverages, other than for meals and other food and1485
beverages provided to a member of the general assembly at a1486
meeting at which the member participated in a panel, seminar, or1487
speaking engagement or provided to a member of the general1488
assembly at a meeting or convention of a national organization to1489
which either house of the general assembly, any legislative1490
agency, or any other state agency or any state institution of1491
higher education as defined in section 3345.031 of the Revised1492
Code pays membership dues, that, when added to the amount of1493
previous payments made for meals and other food and beverages by1494
that legislative agent during that same calendar year, exceeded a1495
total of fifty dollars to, at the request of, for the benefit of,1496
or on behalf of any particular member of the general assembly, any1497
particular member of the controlling board, the governor, the1498
director of a department created under section 121.02 of the1499
Revised Code, or any particular member of the staff of any of the1500
public officers or employees listed in division (B)(3) of this1501
section, then the legislative agent shall also state all of the1502
following regarding those expenditures:1503

       (a) The name of the public officer or employee to whom, at1504
whose request, for whose benefit, or on whose behalf the1505
expenditures were made;1506

       (b) The total amount of the expenditures made;1507

       (c) A brief description of the expenditures made;1508

       (d) The approximate date the expenditures were made;1509

       (e) The specific items of legislation, if any, for which the1510
expenditures were made and the identity of the client on whose1511
behalf each expenditure was made.1512

       (C) In addition to the information required by divisions1513
(B)(2) and (3) of this section, a statement filed by an employer1514
shall show the total amount of expenditures made by the employer1515
filing the statement during the period covered by the statement.1516
As used in this section, "expenditures" does not include the1517
expenses of maintaining office facilities or the compensation paid1518
to legislative agents engaged by an employer.1519

       No employer is required to show any expenditure on a1520
statement filed under this division if the expenditure is reported1521
on a statement filed under division (B) of this section by a1522
legislative agent engaged by the employer.1523

       (D) Any statement required to be filed under this section1524
shall be filed at the times specified in section 101.72 of the1525
Revised Code. Each statement shall cover expenditures made during1526
the four-calendar-month period that ended on the last day of the1527
month immediately preceding the month in which the statement is1528
required to be filed.1529

       No portion of the amount of an expenditure for a dinner,1530
party, or other function sponsored by an employer or legislative1531
agent need be attributed to, or counted toward the amount for, a1532
reporting period specified in division (B)(2) or (3) of this1533
section if the sponsor has invited to the function all the members1534
of either of the following:1535

       (1) The general assembly;1536

       (2) Either house of the general assembly.1537

       However, the amount spent for such function and its date and1538
purpose shall be reported separately on the statement required to1539
be filed under this section and the amount spent for the function1540
shall be added with other expenditures for the purpose of1541
determining the total amount of expenditures reported in the1542
statement under division (B)(1) or (C) of this section.1543

       If it is impractical or impossible for a legislative agent or1544
employer to determine exact dollar amounts or values of1545
expenditures, reporting of good faith estimates, based upon1546
reasonable accounting procedures, constitutes compliance with this1547
section.1548

       (E) All legislative agents and employers shall retain1549
receipts or maintain records for all expenditures that are1550
required to be reported pursuant to this section. These receipts1551
or records shall be maintained for a period ending on the1552
thirty-first day of December of the second calendar year after the1553
year in which the expenditure was made.1554

       (F)(1) An employer or legislative agent who is required to1555
file an expenditure statement under division (B) or (C) of this1556
section shall deliver a copy of the statement, or of the portion1557
showing the expenditure, to the public officer or employee who is1558
listed in the statement as having received the expenditure or on1559
whose behalf it was made, at least ten days before the date on1560
which the statement is filed.1561

       (2) If, during a reporting period covered by an expenditure1562
statement filed under division (B)(2) of this section, an employer1563
or any legislative agent he the employer engaged made, either1564
separately or in combination with each other, either directly or1565
indirectly, expenditures for transportation, lodging, or food and1566
beverages purchased for consumption on the premises in which the1567
food and beverages were sold to, at the request of, for the1568
benefit of, or on behalf of any of the public officers or1569
employees described in division (B)(2) of this section, the1570
employer or legislative agent shall deliver to the public officer1571
or employee a statement that contains all of the nondisputed1572
information prescribed in division (B)(2)(a) through (e) of this1573
section with respect to the expenditures described in division1574
(F)(2) of this section. The statement of expenditures made under1575
division (F)(2) of this section shall be delivered to the public1576
officer or employee to whom, at whose request, for whose benefit,1577
or on whose behalf those expenditures were made on the same day in1578
which a copy of the expenditure statement or of a portion showing1579
the expenditure is delivered to the public officer or employee1580
under division (F)(1) of this section. An employer is not1581
required to show any expenditure on a statement delivered under1582
division (F)(2) of this section if the expenditure is shown on a1583
statement delivered under division (F)(2) of this section by a1584
legislative agent engaged by the employer.1585

       Sec. 102.02.  (A) Except as otherwise provided in division1586
(H) of this section, every person who is elected to or is a1587
candidate for a state, county, or city office, or the office of1588
member of the United States congress, and every person who is1589
appointed to fill a vacancy for an unexpired term in such an1590
elective office; all members of the state board of education; the1591
director, assistant directors, deputy directors, division chiefs,1592
or persons of equivalent rank of any administrative department of1593
the state; the president or other chief administrative officer of1594
every state institution of higher education as defined in section1595
3345.011 of the Revised Code; the chief executive officer of each1596
state retirement system; all members of the board of commissioners1597
on grievances and discipline of the supreme court and the ethics1598
commission created under section 102.05 of the Revised Code; every1599
business manager, treasurer, or superintendent of a city, local,1600
exempted village, joint vocational, or cooperative education1601
school district or an educational service center; every person who1602
is elected to or is a candidate for the office of member of a1603
board of education of a city, local, exempted village, joint1604
vocational, or cooperative education school district or of a1605
governing board of an educational service center that has a total1606
student count of twelve thousand or more as most recently1607
determined by the department of education pursuant to section1608
3317.03 of the Revised Code; every person who is appointed to the1609
board of education of a municipal school district pursuant to1610
division (B) or (F) of section 3311.71 of the Revised Code; all1611
members of the board of directors of a sanitary district1612
established under Chapter 6115. of the Revised Code and organized1613
wholly for the purpose of providing a water supply for domestic,1614
municipal, and public use that includes two municipal corporations1615
in two counties; every public official or employee who is paid a1616
salary or wage in accordance with schedule C of section 124.15 or1617
schedule E-2 of section 124.152 of the Revised Code; members of1618
the board of trustees and the executive director of the tobacco1619
use prevention and control foundation; members of the board of1620
trustees and the executive director of the southern Ohio1621
agricultural and community development foundation; members and the1622
executive director of the biomedical research and technology1623
transfer commission; and every other public official or employee1624
who is designated by the appropriate ethics commission pursuant to1625
division (B) of this section shall file with the appropriate1626
ethics commission on a form prescribed by the commission, a1627
statement disclosing all of the following:1628

       (1) The name of the person filing the statement and each1629
member of the person's immediate family and all names under which1630
the person or members of the person's immediate family do1631
business;1632

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this1633
section and except as otherwise provided in section 102.022 of the1634
Revised Code, identification of every source of income, other than1635
income from a legislative agent identified in division (A)(2)(b)1636
of this section, received during the preceding calendar year, in1637
the person's own name or by any other person for the person's use1638
or benefit, by the person filing the statement, and a brief1639
description of the nature of the services for which the income was1640
received. If the person filing the statement is a member of the1641
general assembly, the statement shall identify the amount of every1642
source of income received in accordance with the following ranges1643
of amounts: zero or more, but less than one thousand dollars; one1644
thousand dollars or more, but less than ten thousand dollars; ten1645
thousand dollars or more, but less than twenty-five thousand1646
dollars; twenty-five thousand dollars or more, but less than fifty1647
thousand dollars; fifty thousand dollars or more, but less than1648
one hundred thousand dollars; and one hundred thousand dollars or1649
more. Division (A)(2)(a) of this section shall not be construed1650
to require a person filing the statement who derives income from a1651
business or profession to disclose the individual items of income1652
that constitute the gross income of that business or profession,1653
except for those individual items of income that are attributable1654
to the person's or, if the income is shared with the person, the1655
partner's, solicitation of services or goods or performance,1656
arrangement, or facilitation of services or provision of goods on1657
behalf of the business or profession of clients, including1658
corporate clients, who are legislative agents as defined in1659
section 101.70 of the Revised Code. A person who files the1660
statement under this section shall disclose the identity of and1661
the amount of income received from a person who the public1662
official or employee knows or has reason to know is doing or1663
seeking to do business of any kind with the public official's or1664
employee's agency.1665

       (b) If the person filing the statement is a member of the1666
general assembly, the statement shall identify every source of1667
income and the amount of that income that was received from a1668
legislative agent, as defined in section 101.70 of the Revised1669
Code, during the preceding calendar year, in the person's own name1670
or by any other person for the person's use or benefit, by the1671
person filing the statement, and a brief description of the nature1672
of the services for which the income was received. Division1673
(A)(2)(b) of this section requires the disclosure of clients of1674
attorneys or persons licensed under section 4732.12 of the Revised1675
Code, or patients of persons certified under section 4731.14 of1676
the Revised Code, if those clients or patients are legislative1677
agents. Division (A)(2)(b) of this section requires a person1678
filing the statement who derives income from a business or1679
profession to disclose those individual items of income that1680
constitute the gross income of that business or profession that1681
are received from legislative agents.1682

       (c) Except as otherwise provided in division (A)(2)(c) of1683
this section, division (A)(2)(a) of this section applies to1684
attorneys, physicians, and other persons who engage in the1685
practice of a profession and who, pursuant to a section of the1686
Revised Code, the common law of this state, a code of ethics1687
applicable to the profession, or otherwise, generally are required1688
not to reveal, disclose, or use confidences of clients, patients,1689
or other recipients of professional services except under1690
specified circumstances or generally are required to maintain1691
those types of confidences as privileged communications except1692
under specified circumstances. Division (A)(2)(a) of this section1693
does not require an attorney, physician, or other professional1694
subject to a confidentiality requirement as described in division1695
(A)(2)(c) of this section to disclose the name, other identity, or1696
address of a client, patient, or other recipient of professional1697
services if the disclosure would threaten the client, patient, or1698
other recipient of professional services, would reveal details of1699
the subject matter for which legal, medical, or professional1700
advice or other services were sought, or would reveal an otherwise1701
privileged communication involving the client, patient, or other1702
recipient of professional services. Division (A)(2)(a) of this1703
section does not require an attorney, physician, or other1704
professional subject to a confidentiality requirement as described1705
in division (A)(2)(c) of this section to disclose in the brief1706
description of the nature of services required by division1707
(A)(2)(a) of this section any information pertaining to specific1708
professional services rendered for a client, patient, or other1709
recipient of professional services that would reveal details of1710
the subject matter for which legal, medical, or professional1711
advice was sought or would reveal an otherwise privileged1712
communication involving the client, patient, or other recipient of1713
professional services.1714

       (3) The name of every corporation on file with the secretary1715
of state that is incorporated in this state or holds a certificate1716
of compliance authorizing it to do business in this state, trust,1717
business trust, partnership, or association that transacts1718
business in this state in which the person filing the statement or1719
any other person for the person's use and benefit had during the1720
preceding calendar year an investment of over one thousand dollars1721
at fair market value as of the thirty-first day of December of the1722
preceding calendar year, or the date of disposition, whichever is1723
earlier, or in which the person holds any office or has a1724
fiduciary relationship, and a description of the nature of the1725
investment, office, or relationship. Division (A)(3) of this1726
section does not require disclosure of the name of any bank,1727
savings and loan association, credit union, or building and loan1728
association with which the person filing the statement has a1729
deposit or a withdrawable share account.1730

       (4) All fee simple and leasehold interests to which the1731
person filing the statement holds legal title to or a beneficial1732
interest in real property located within the state, excluding the1733
person's residence and property used primarily for personal1734
recreation;1735

       (5) The names of all persons residing or transacting1736
business in the state to whom the person filing the statement1737
owes, in the person's own name or in the name of any other person,1738
more than one thousand dollars. Division (A)(5) of this section1739
shall not be construed to require the disclosure of debts owed by1740
the person resulting from the ordinary conduct of a business or1741
profession or debts on the person's residence or real property1742
used primarily for personal recreation, except that the1743
superintendent of financial institutions shall disclose the names1744
of all state-chartered savings and loan associations and of all1745
service corporations subject to regulation under division (E)(2)1746
of section 1151.34 of the Revised Code to whom the superintendent1747
in the superintendent's own name or in the name of any other1748
person owes any money, and that the superintendent and any deputy1749
superintendent of banks shall disclose the names of all1750
state-chartered banks and all bank subsidiary corporations subject1751
to regulation under section 1109.44 of the Revised Code to whom1752
the superintendent or deputy superintendent owes any money.1753

       (6) The names of all persons residing or transacting1754
business in the state, other than a depository excluded under1755
division (A)(3) of this section, who owe more than one thousand1756
dollars to the person filing the statement, either in the person's1757
own name or to any person for the person's use or benefit.1758
Division (A)(6) of this section shall not be construed to require1759
the disclosure of clients of attorneys or persons licensed under1760
section 4732.12 or 4732.15 of the Revised Code, or patients of1761
persons certified under section 4731.14 of the Revised Code, nor1762
the disclosure of debts owed to the person resulting from the1763
ordinary conduct of a business or profession.1764

       (7) Except as otherwise provided in section 102.022 of the1765
Revised Code, the source of each gift of over seventy-five1766
dollars, or of each gift of over twenty-five dollars received by a1767
member of the general assembly from a legislative agent, received1768
by the person in the person's own name or by any other person for1769
the person's use or benefit during the preceding calendar year,1770
except gifts received by will or by virtue of section 2105.06 of1771
the Revised Code, or received from spouses, parents, grandparents,1772
children, grandchildren, siblings, nephews, nieces, uncles, aunts,1773
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,1774
fathers-in-law, mothers-in-law, or any person to whom the person1775
filing the statement stands in loco parentis, or received by way1776
of distribution from any inter vivos or testamentary trust1777
established by a spouse or by an ancestor;1778

       (8) Except as otherwise provided in section 102.022 of the1779
Revised Code, identification of the source and amount of every1780
payment of expenses incurred for travel to destinations inside or1781
outside this state that is received by the person in the person's1782
own name or by any other person for the person's use or benefit1783
and that is incurred in connection with the person's official1784
duties, except for expenses for travel to meetings or conventions1785
of a national or state organization to which either house of the1786
general assembly, any legislative agency, a any state agency or1787
any state institution of higher education as defined in section1788
3345.031 of the Revised Code, any other state agency pays1789
membership dues, or any political subdivision or any office or1790
agency of a political subdivision pays membership dues;1791

       (9) Except as otherwise provided in section 102.022 of the1792
Revised Code, identification of the source of payment of expenses1793
for meals and other food and beverages, other than for meals and1794
other food and beverages provided at a meeting at which the person1795
participated in a panel, seminar, or speaking engagement or at a1796
meeting or convention of a national or state organization to which1797
either house of the general assembly, any legislative agency, a1798
any state agency or any state institution of higher education as1799
defined in section 3345.031 of the Revised Code, any other state1800
agency pays membership dues, or any political subdivision or any1801
office or agency of a political subdivision pays membership dues,1802
that are incurred in connection with the person's official duties1803
and that exceed one hundred dollars aggregated per calendar year;1804

       (10) If the financial disclosure statement is filed by a1805
public official or employee described in division (B)(2) of1806
section 101.73 of the Revised Code or division (B)(2) of section1807
121.63 of the Revised Code who receives a statement from a1808
legislative agent, executive agency lobbyist, or employer that1809
contains the information described in division (F)(2) of section1810
101.73 of the Revised Code or division (G)(2) of section 121.63 of1811
the Revised Code, all of the nondisputed information contained in1812
the statement delivered to that public official or employee by the1813
legislative agent, executive agency lobbyist, or employer under1814
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of1815
the Revised Code. As used in division (A)(10) of this section,1816
"legislative agent," "executive agency lobbyist," and "employer"1817
have the same meanings as in sections 101.70 and 121.60 of the1818
Revised Code.1819

       A person may file a statement required by this section in1820
person or by mail. A person who is a candidate for elective1821
office shall file the statement no later than the thirtieth day1822
before the primary, special, or general election at which the1823
candidacy is to be voted on, whichever election occurs soonest,1824
except that a person who is a write-in candidate shall file the1825
statement no later than the twentieth day before the earliest1826
election at which the person's candidacy is to be voted on. A1827
person who holds elective office shall file the statement on or1828
before the fifteenth day of April of each year unless the person1829
is a candidate for office. A person who is appointed to fill a1830
vacancy for an unexpired term in an elective office shall file the1831
statement within fifteen days after the person qualifies for1832
office. Other persons shall file an annual statement on or before1833
the fifteenth day of April or, if appointed or employed after that1834
date, within ninety days after appointment or employment. No1835
person shall be required to file with the appropriate ethics1836
commission more than one statement or pay more than one filing fee1837
for any one calendar year.1838

       The appropriate ethics commission, for good cause, may extend1839
for a reasonable time the deadline for filing a disclosure1840
statement under this section.1841

       A statement filed under this section is subject to public1842
inspection at locations designated by the appropriate ethics1843
commission except as otherwise provided in this section.1844

       (B) The Ohio ethics commission, the joint legislative ethics1845
committee, and the board of commissioners on grievances and1846
discipline of the supreme court, using the rule-making procedures1847
of Chapter 119. of the Revised Code, may require any class of1848
public officials or employees under its jurisdiction and not1849
specifically excluded by this section whose positions involve a1850
substantial and material exercise of administrative discretion in1851
the formulation of public policy, expenditure of public funds,1852
enforcement of laws and rules of the state or a county or city, or1853
the execution of other public trusts, to file an annual statement1854
on or before the fifteenth day of April under division (A) of this1855
section. The appropriate ethics commission shall send the public1856
officials or employees written notice of the requirement by the1857
fifteenth day of February of each year the filing is required1858
unless the public official or employee is appointed after that1859
date, in which case the notice shall be sent within thirty days1860
after appointment, and the filing shall be made not later than1861
ninety days after appointment.1862

       Except for disclosure statements filed by members of the1863
board of trustees and the executive director of the tobacco use1864
prevention and control foundation, members of the board of1865
trustees and the executive director of the southern Ohio1866
agricultural and community development foundation, and members and1867
the executive director of the biomedical research and technology1868
transfer commission, disclosure statements filed under this1869
division with the Ohio ethics commission by members of boards,1870
commissions, or bureaus of the state for which no compensation is1871
received other than reasonable and necessary expenses shall be1872
kept confidential. Disclosure statements filed with the Ohio1873
ethics commission under division (A) of this section by business1874
managers, treasurers, and superintendents of city, local, exempted1875
village, joint vocational, or cooperative education school1876
districts or educational service centers shall be kept1877
confidential, except that any person conducting an audit of any1878
such school district or educational service center pursuant to1879
section 115.56 or Chapter 117. of the Revised Code may examine the1880
disclosure statement of any business manager, treasurer, or1881
superintendent of that school district or educational service1882
center. The Ohio ethics commission shall examine each disclosure1883
statement required to be kept confidential to determine whether a1884
potential conflict of interest exists for the person who filed the1885
disclosure statement. A potential conflict of interest exists if1886
the private interests of the person, as indicated by the person's1887
disclosure statement, might interfere with the public interests1888
the person is required to serve in the exercise of the person's1889
authority and duties in the person's office or position of1890
employment. If the commission determines that a potential1891
conflict of interest exists, it shall notify the person who filed1892
the disclosure statement and shall make the portions of the1893
disclosure statement that indicate a potential conflict of1894
interest subject to public inspection in the same manner as is1895
provided for other disclosure statements. Any portion of the1896
disclosure statement that the commission determines does not1897
indicate a potential conflict of interest shall be kept1898
confidential by the commission and shall not be made subject to1899
public inspection, except as is necessary for the enforcement of1900
Chapters 102. and 2921. of the Revised Code and except as1901
otherwise provided in this division.1902

       (C) No person shall knowingly fail to file, on or before the1903
applicable filing deadline established under this section, a1904
statement that is required by this section.1905

       (D) No person shall knowingly file a false statement that is1906
required to be filed under this section.1907

       (E)(1) Except as provided in divisions (E)(2) and (3) of1908
this section, on and after March 2, 1994, the statement required1909
by division (A) or (B) of this section shall be accompanied by a1910
filing fee of twenty-five dollars.1911

       (2) The statement required by division (A) of this section1912
shall be accompanied by a filing fee to be paid by the person who1913
is elected or appointed to, or is a candidate for, any of the1914
following offices:1915

For state office, except member of 1916
state board of education $50 1917
For office of member of United States 1918
congress or member of general assembly $25 1919
For county office $25 1920
 45 1921
For city office $10 1922
 20 1923
For office of member of state board 1924
of education $10 1925
 20 1926
For office of member of city, local, 1927
exempted village, or cooperative 1928
education board of 1929
education or educational service 1930
center governing board $ 5 1931
For position of business manager, 1932
treasurer, or superintendent of 1933
city, local, exempted village, joint 1934
vocational, or cooperative education 1935
school district or 1936
educational service center $ 5 1937
For office of member of the board of 1938
trustees of a state college or university $50 1939

       (3) No judge of a court of record or candidate for judge of1940
such a court of record, and no referee or magistrate serving a1941
court of record, shall be required to pay the fee required under1942
division (E)(1) or (2) or (F) of this section.1943

       (4) For any public official who is appointed to a1944
nonelective office of the state and for any employee who holds a1945
nonelective position in a public agency of the state, the state1946
agency that is the primary employer of the state official or1947
employee shall pay the fee required under division (E)(1) or (F)1948
of this section.1949

       (F) If a statement required to be filed under this section1950
is not filed by the date on which it is required to be filed, the1951
appropriate ethics commission shall assess the person required to1952
file the statement a late filing fee equal to one-half of the1953
applicable filing fee for each day the statement is not filed,1954
except that the total amount of the late filing fee shall not1955
exceed one hundred dollars.1956

       (G)(1) The appropriate ethics commission other than the Ohio1957
ethics commission shall deposit all fees it receives under1958
divisions (E) and (F) of this section into the general revenue1959
fund of the state.1960

       (2) The Ohio ethics commission shall deposit all receipts,1961
including, but not limited to, fees it receives under divisions1962
(E) and (F) of this section and all moneys it receives from1963
settlements under division (G) of section 102.06 of the Revised1964
Code, into the Ohio ethics commission fund, which is hereby1965
created in the state treasury. All moneys credited to the fund1966
shall be used solely for expenses related to the operation and1967
statutory functions of the commission.1968

       (H) Division (A) of this section does not apply to a person1969
elected or appointed to the office of precinct, ward, or district1970
committee member under Chapter 3517. of the Revised Code; a1971
presidential elector; a delegate to a national convention; village1972
or township officials and employees; any physician or psychiatrist1973
who is paid a salary or wage in accordance with schedule C of1974
section 124.15 or schedule E-2 of section 124.152 of the Revised1975
Code and whose primary duties do not require the exercise of1976
administrative discretion; or any member of a board, commission,1977
or bureau of any county or city who receives less than one1978
thousand dollars per year for serving in that position.1979

       Sec. 102.03.  (A)(1) No present or former public official or1980
employee shall, during public employment or service or for twelve1981
months thereafter, represent a client or act in a representative1982
capacity for any person on any matter in which the public official1983
or employee personally participated as a public official or1984
employee through decision, approval, disapproval, recommendation,1985
the rendering of advice, investigation, or other substantial1986
exercise of administrative discretion.1987

       (2) For twenty-four months after the conclusion of service,1988
no former commissioner or attorney examiner of the public1989
utilities commission shall represent a public utility, as defined1990
in section 4905.02 of the Revised Code, or act in a representative1991
capacity on behalf of such a utility before any state board,1992
commission, or agency.1993

       (3) For twenty-four months after the conclusion of1994
employment or service, no former public official or employee who1995
personally participated as a public official or employee through1996
decision, approval, disapproval, recommendation, the rendering of1997
advice, the development or adoption of solid waste management1998
plans, investigation, inspection, or other substantial exercise of1999
administrative discretion under Chapter 343. or 3734. of the2000
Revised Code shall represent a person who is the owner or operator2001
of a facility, as defined in section 3734.01 of the Revised Code,2002
or who is an applicant for a permit or license for a facility2003
under that chapter, on any matter in which the public official or2004
employee personally participated as a public official or employee.2005

       (4) For a period of one year after the conclusion of2006
employment or service as a member or employee of the general2007
assembly, no former member or employee of the general assembly2008
shall represent, or act in a representative capacity for, any2009
person on any matter before the general assembly, any committee of2010
the general assembly, or the controlling board. Division (A)(4)2011
of this section does not apply to or affect a person who separates2012
from service with the general assembly on or before December 31,2013
1995. As used in division (A)(4) of this section "person" does2014
not include any state agency or political subdivision of the2015
state.2016

       (5) As used in divisions (A)(1), (2), and (3) of this2017
section, "matter" includes any case, proceeding, application,2018
determination, issue, or question, but does not include the2019
proposal, consideration, or enactment of statutes, rules,2020
ordinances, resolutions, or charter or constitutional amendments.2021
As used in division (A)(4) of this section, "matter" includes the2022
proposal, consideration, or enactment of statutes, resolutions, or2023
constitutional amendments. As used in division (A) of this2024
section, "represent" includes any formal or informal appearance2025
before, or any written or oral communication with, any public2026
agency on behalf of any person.2027

       (6) Nothing contained in division (A) of this section shall2028
prohibit, during such period, a former public official or employee2029
from being retained or employed to represent, assist, or act in a2030
representative capacity for the public agency by which the public2031
official or employee was employed or on which the public official2032
or employee served.2033

       (7) Division (A) of this section shall not be construed to2034
prohibit the performance of ministerial functions, including, but2035
not limited to, the filing or amendment of tax returns,2036
applications for permits and licenses, incorporation papers, and2037
other similar documents.2038

       (B) No present or former public official or employee shall2039
disclose or use, without appropriate authorization, any2040
information acquired by the public official or employee in the2041
course of the public official's or employee's official duties that2042
is confidential because of statutory provisions, or that has been2043
clearly designated to the public official or employee as2044
confidential when that confidential designation is warranted2045
because of the status of the proceedings or the circumstances2046
under which the information was received and preserving its2047
confidentiality is necessary to the proper conduct of government2048
business.2049

       (C) No public official or employee shall participate within2050
the scope of duties as a public official or employee, except2051
through ministerial functions as defined in division (A) of this2052
section, in any license or rate-making proceeding that directly2053
affects the license or rates of any person, partnership, trust,2054
business trust, corporation, or association in which the public2055
official or employee or immediate family owns or controls more2056
than five per cent. No public official or employee shall2057
participate within the scope of duties as a public official or2058
employee, except through ministerial functions as defined in2059
division (A) of this section, in any license or rate-making2060
proceeding that directly affects the license or rates of any2061
person to whom the public official or employee or immediate2062
family, or a partnership, trust, business trust, corporation, or2063
association of which the public official or employee or the public2064
official's or employee's immediate family owns or controls more2065
than five per cent, has sold goods or services totaling more than2066
one thousand dollars during the preceding year, unless the public2067
official or employee has filed a written statement acknowledging2068
that sale with the clerk or secretary of the public agency and the2069
statement is entered in any public record of the agency's2070
proceedings. This division shall not be construed to require the2071
disclosure of clients of attorneys or persons licensed under2072
section 4732.12 or 4732.15 of the Revised Code, or patients of2073
persons certified under section 4731.14 of the Revised Code.2074

       (D) No public official or employee shall use or authorize2075
the use of the authority or influence of office or employment to2076
secure anything of value or the promise or offer of anything of2077
value that is of such a character as to manifest a substantial and2078
improper influence upon the public official or employee with2079
respect to that person's duties.2080

       (E) No public official or employee shall solicit or accept2081
anything of value that is of such a character as to manifest a2082
substantial and improper influence upon the public official or2083
employee with respect to that person's duties.2084

       (F) No person shall promise or give to a public official or2085
employee anything of value that is of such a character as to2086
manifest a substantial and improper influence upon the public2087
official or employee with respect to that person's duties.2088

       (G) In the absence of bribery or another offense under the2089
Revised Code or a purpose to defraud, contributions made to a2090
campaign committee, political party, legislative campaign fund,2091
political action committee, or political contributing entity on2092
behalf of an elected public officer or other public official or2093
employee who seeks elective office shall be considered to accrue2094
ordinarily to the public official or employee for the purposes of2095
divisions (D), (E), and (F) of this section.2096

       As used in this division, "contributions," "campaign2097
committee," "political party," "legislative campaign fund,"2098
"political action committee," and "political contributing entity"2099
have the same meanings as in section 3517.01 of the Revised Code.2100

       (H) No public official or employee, except for the president2101
or other chief administrative officer of or a member of a board of2102
trustees of a state institution of higher education as defined in2103
section 3345.011 of the Revised Code, who is required to file a2104
financial disclosure statement under section 102.02 of the Revised2105
Code shall solicit or accept, and no person shall give to that2106
public official or employee, an honorarium. This division and2107
divisions (D), (E), and (F) of this section do not prohibit a2108
public official or employee who is required to file a financial2109
disclosure statement under section 102.02 of the Revised Code from2110
accepting and do not prohibit a person from giving to that public2111
official or employee the payment of actual travel expenses,2112
including any expenses incurred in connection with the travel for2113
lodging, and meals, food, and beverages provided to the public2114
official or employee at a meeting at which the public official or2115
employee participates in a panel, seminar, or speaking engagement2116
or provided to the public official or employee at a meeting or2117
convention of a national organization to which either house of the2118
general assembly, any legislative agency, or any other state2119
agency or any state institution of higher education as defined in2120
section 3345.031 of the Revised Code pays membership dues. This2121
division and divisions (D), (E), and (F) of this section do not2122
prohibit a public official or employee who is not required to file2123
a financial disclosure statement under section 102.02 of the2124
Revised Code from accepting and do not prohibit a person from2125
promising or giving to that public official or employee an2126
honorarium or the payment of travel, meal, and lodging expenses if2127
the honorarium, expenses, or both were paid in recognition of2128
demonstrable business, professional, or esthetic interests of the2129
public official or employee that exist apart from public office or2130
employment, including, but not limited to, such a demonstrable2131
interest in public speaking and were not paid by any person or2132
other entity, or by any representative or association of those2133
persons or entities, that is regulated by, doing business with, or2134
seeking to do business with the department, division, institution,2135
board, commission, authority, bureau, or other instrumentality of2136
the governmental entity with which the public official or employee2137
serves.2138

       (I) A public official or employee may accept travel, meals,2139
and lodging or expenses or reimbursement of expenses for travel,2140
meals, and lodging in connection with conferences, seminars, and2141
similar events related to official duties if the travel, meals,2142
and lodging, expenses, or reimbursement is not of such a character2143
as to manifest a substantial and improper influence upon the2144
public official or employee with respect to that person's duties.2145
The house of representatives and senate, in their code of ethics,2146
and the Ohio ethics commission, under section 111.15 of the2147
Revised Code, may adopt rules setting standards and conditions for2148
the furnishing and acceptance of such travel, meals, and lodging,2149
expenses, or reimbursement.2150

       A person who acts in compliance with this division and any2151
applicable rules adopted under it, or any applicable, similar2152
rules adopted by the supreme court governing judicial officers and2153
employees, does not violate division (D), (E), or (F) of this2154
section. This division does not preclude any person from seeking2155
an advisory opinion from the appropriate ethics commission under2156
section 102.08 of the Revised Code.2157

       (J) For purposes of divisions (D), (E), and (F) of this2158
section, the membership of a public official or employee in an2159
organization shall not be considered, in and of itself, to be of2160
such a character as to manifest a substantial and improper2161
influence on the public official or employee with respect to that2162
person's duties. As used in this division, "organization" means a2163
church or a religious, benevolent, fraternal, or professional2164
organization that is tax exempt under subsection 501(a) and2165
described in subsection 501(c)(3), (4), (8), (10), or (19) of the2166
"Internal Revenue Code of 1986." This division does not apply to2167
a public official or employee who is an employee of an2168
organization, serves as a trustee, director, or officer of an2169
organization, or otherwise holds a fiduciary relationship with an2170
organization. This division does not allow a public official or2171
employee who is a member of an organization to participate,2172
formally or informally, in deliberations, discussions, or voting2173
on a matter or to use his official position with regard to the2174
interests of the organization on the matter if the public official2175
or employee has assumed a particular responsibility in the2176
organization with respect to the matter or if the matter would2177
affect that person's personal, pecuniary interests.2178

       (K) It is not a violation of this section for a prosecuting2179
attorney to appoint assistants and employees in accordance with2180
division (B) of section 309.06 and section 2921.421 of the Revised2181
Code, for a chief legal officer of a municipal corporation or an2182
official designated as prosecutor in a municipal corporation to2183
appoint assistants and employees in accordance with sections2184
733.621 and 2921.421 of the Revised Code, for a township law2185
director appointed under section 504.15 of the Revised Code to2186
appoint assistants and employees in accordance with sections2187
504.151 and 2921.421 of the Revised Code, or for a coroner to2188
appoint assistants and employees in accordance with division (B)2189
of section 313.05 of the Revised Code.2190

       As used in this division, "chief legal officer" has the same2191
meaning as in section 733.621 of the Revised Code.2192

       Sec. 102.031.  (A) As used in this section:2193

       (1) "Actively advocating," "employer," "financial2194
transaction," "legislation," and "legislative agent" have the same2195
meanings as in section 101.70 of the Revised Code.2196

       (2) "Business associate" means a person with whom a member2197
of the general assembly is conducting or undertaking a financial2198
transaction.2199

       (3) "Contribution" has the same meaning as in section2200
3517.01 of the Revised Code.2201

       (4) "Employee" does not include a member of the general2202
assembly whose nonlegislative position of employment does not2203
involve the performance of or the authority to perform2204
administrative or supervisory functions; or whose nonlegislative2205
position of employment, if he the member is a public employee,2206
does not involve a substantial and material exercise of2207
administrative discretion in the formulation of public policy,2208
expenditure of public funds, enforcement of laws and rules of the2209
state or a county or city, or execution of other public trusts.2210

       (B) No member of the general assembly shall vote on any2211
legislation that he the member knows is then being actively2212
advocated if he the member is one of the following with respect to2213
a legislative agent or employer that is then actively advocating2214
on that legislation:2215

       (1) An employee;2216

       (2) A business associate;2217

       (3) A person, other than an employee, who is hired under2218
contract to perform certain services and such position involves a2219
substantial and material exercise of administrative discretion in2220
the formulation of public policy.2221

       (C) No member of the general assembly shall knowingly accept2222
any of the following from a legislative agent:2223

       (1) The payment of any expenses for travel or lodging except2224
as otherwise authorized by division (H) of section 102.03 of the2225
Revised Code;2226

       (2) More than seventy-five dollars aggregated per calendar2227
year as payment for meals and other food and beverages, other than2228
for those meals and other food and beverages provided to the2229
member at a meeting at which the member participates in a panel,2230
seminar, or speaking engagement, at a meeting or convention of a2231
national organization to which either house of the general2232
assembly, any legislative agency, or any other state agency or any2233
state institution of higher education as defined in section2234
3345.031 of the Revised Code pays membership dues, or at a dinner,2235
party, or function to which all members of the general assembly or2236
all members of either house of the general assembly are invited;2237

       (3) A gift of any amount in the form of cash or the2238
equivalent of cash, or a gift of any other thing of value whose2239
value exceeds seventy-five dollars. As used in division (C)(3) of2240
this section, "gift" does not include any contribution or any2241
gifts of meals and other food and beverages or the payment of2242
expenses incurred for travel to destinations either inside or2243
outside this state that is received by the member of the general2244
assembly and that is incurred in connection with the member's2245
official duties.2246

       (D) It is not a violation of division (C)(2) of this section2247
if, within sixty days after receiving notice from a legislative2248
agent that the legislative agent has provided a member of the2249
general assembly with more than seventy-five dollars aggregated in2250
a calendar year as payment for meals and other food and beverages,2251
the member of the general assembly returns to that legislative2252
agent the amount received that exceeds seventy-five dollars.2253

       (E) The joint legislative ethics committee may impose a fine2254
of not more than one thousand dollars upon a member of the general2255
assembly who violates division (B) of this section.2256

       Sec. 102.06.  (A) The appropriate ethics commission shall2257
receive and may initiate complaints against persons subject to2258
Chapter 102. of the Revised Code concerning conduct alleged to be2259
in violation of this chapter or section 2921.42 or 2921.43 of the2260
Revised Code. All complaints except those by the commission shall2261
be by affidavit made on personal knowledge, subject to the2262
penalties of perjury. Complaints by the commission shall be by2263
affidavit, based upon reasonable cause to believe that a violation2264
has occurred.2265

       (B) The commission shall investigate complaints, may2266
investigate charges presented to it, and may request further2267
information, including the specific amount of income from a2268
source, from any person filing with the commission a statement2269
required by section 102.02 of the Revised Code, if the information2270
sought is directly relevant to a complaint or charges received by2271
the commission pursuant to this section. This information is2272
confidential, except that the commission, at its discretion, may2273
share information gathered in the course of any investigation2274
with, or disclose the information to, any appropriate prosecuting2275
authority, any law enforcement agency, or any other appropriate2276
ethics commission. The person so requested shall furnish the2277
information to the commission, unless within fifteen days from the2278
date of the request the person files an action for declaratory2279
judgment challenging the legitimacy of the request in the court of2280
common pleas of the county of his the person's residence, his the2281
person's place of employment, or Franklin county. The requested2282
information need not be furnished to the commission during the2283
pendency of the judicial proceedings. Proceedings of the2284
commission in connection with the declaratory judgment action2285
shall be kept confidential except as otherwise provided by this2286
section. Before the commission proceeds to take any formal action2287
against a person who is the subject of an investigation based on2288
charges presented to the commission, a complaint shall be filed2289
against the person. If the commission finds that a complaint is2290
not frivolous, and there is reasonable cause to believe that the2291
facts alleged in a complaint constitute a violation of section2292
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised2293
Code, it shall hold a hearing. If the commission does not so2294
find, it shall dismiss the complaint and notify the accused person2295
in writing of the dismissal of the complaint. The commission2296
shall not make a report of its finding unless the accused person2297
requests a report. Upon the request of the accused person, the2298
commission shall make a public report of its finding. The person2299
against whom the complaint is directed shall be given reasonable2300
notice by certified mail of the date, time, and place of the2301
hearing and a statement of the charges and the law directly2302
involved and shall be given the opportunity to be represented by2303
counsel, to have counsel appointed for him the person if he the2304
person is unable to afford counsel without undue hardship, to2305
examine the evidence against him the person, to produce evidence2306
and to call and subpoena witnesses in his the person's defense, to2307
confront his the person's accusers, and to cross-examine2308
witnesses. The commission shall have a stenographic record made2309
of the hearing. The hearing shall be closed to the public.2310

       (C)(1)(a) If upon the basis of the hearing, the commission2311
finds by a preponderance of the evidence that the facts alleged in2312
the complaint are true and constitute a violation of section2313
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised2314
Code, it shall report its findings to the appropriate prosecuting2315
authority for proceedings in prosecution of the violation and to2316
the appointing or employing authority of the accused.2317

       (b) If the Ohio ethics commission reports its findings to2318
the appropriate prosecuting authority under division (C)(1)(a) of2319
this section and the prosecuting authority has not initiated any2320
official action on those findings within ninety days after2321
receiving the commission's report of them, then the commission may2322
publicly comment that no official action has been taken on its2323
findings, except that the commission shall make no comment in2324
violation of the Rules of Criminal Procedure or about any2325
indictment that has been sealed pursuant to any law or those2326
rules. The commission shall make no comment regarding the merits2327
of its findings. As used in division (C)(1)(b) of this section,2328
"official action" means prosecution, closure after investigation,2329
or grand jury action resulting in a true bill of indictment or no2330
true bill of indictment.2331

       (2) If the appropriate ethics commission does not find by a2332
preponderance of the evidence that the facts alleged in the2333
complaint are true and constitute a violation of section 102.02,2334
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code or2335
if the commission has not scheduled a hearing within ninety days2336
after the complaint is filed or has not finally disposed of the2337
complaint within six months after it has been heard, it shall2338
dismiss the complaint and notify the accused person in writing of2339
the dismissal of the complaint. The commission shall not make a2340
report of its finding unless the accused person requests a report.2341
Upon the request of the accused person, the commission shall make2342
a public report of the finding, but in this case all evidence and2343
the record of the hearing shall remain confidential unless the2344
accused person also requests that the evidence and record be made2345
public. Upon request by the accused person, the commission shall2346
make the evidence and the record available for public inspection.2347

       (D) The commission, or a member of the commission, may2348
administer oaths, and the commission may issue subpoenas to any2349
person in the state compelling the attendance of witnesses and the2350
production of relevant papers, books, accounts, and records. The2351
commission shall issue subpoenas to compel the attendance of2352
witnesses and the production of documents upon the request of an2353
accused person. Section 101.42 of the Revised Code shall govern2354
the issuance of these subpoenas insofar as applicable. Upon the2355
refusal of any person to obey a subpoena or to be sworn or to2356
answer as a witness, the commission may apply to the court of2357
common pleas of Franklin county under section 2705.03 of the2358
Revised Code. The court shall hold proceedings in accordance with2359
Chapter 2705. of the Revised Code. The commission or the accused2360
person may take the depositions of witnesses residing within or2361
without the state in the same manner as prescribed by law for the2362
taking of depositions in civil actions in the court of common2363
pleas.2364

       (E) At least once each year, the Ohio ethics commission2365
shall report on its activities of the immediately preceding year2366
to the majority and minority leaders of the senate and house of2367
representatives of the general assembly. The report shall2368
indicate the total number of complaints received, initiated, and2369
investigated by the commission, the total number of complaints for2370
which formal hearings were held, and the total number of2371
complaints for which formal prosecution was recommended or2372
requested by the commission. The report also shall indicate the2373
nature of the inappropriate conduct alleged in each complaint and2374
the governmental entity with which any employee or official that2375
is the subject of a complaint was employed at the time of the2376
alleged inappropriate conduct.2377

       (F) All papers, records, affidavits, and documents upon any2378
complaint, inquiry, or investigation relating to the proceedings2379
of the appropriate commission shall be sealed and are private and2380
confidential, except as otherwise provided in this section and2381
section 102.07 of the Revised Code.2382

       (G)(1) When a complaint or charge is before it, the Ohio2383
ethics commission or the appropriate prosecuting authority, in2384
consultation with the person filing the complaint or charge, the2385
accused, and any other person the commission or prosecuting2386
authority considers necessary, may compromise or settle the2387
complaint or charge with the agreement of the accused. The2388
compromise or settlement may include mediation, restitution,2389
rescission of affected contracts, forfeiture of any benefits2390
resulting from a violation or potential violation of law,2391
resignation of a public official or employee, or any other relief2392
that is agreed upon between the commission or prosecuting2393
authority and the accused.2394

       (2) Any settlement agreement entered into under division2395
(G)(1) of this section shall be in writing and be accompanied by a2396
statement of the findings of the commission or prosecuting2397
authority and the reasons for entering into the agreement. The2398
commission or prosecuting authority shall retain the agreement and2399
statement in its the commission's or his prosecuting attorney's2400
office and, in its the commission's or his prosecuting authority's2401
discretion, may make the agreement, the statement, and any2402
supporting information public, unless the agreement provides2403
otherwise.2404

       (3) If a settlement agreement is breached by the accused,2405
the commission or prosecuting authority, in its the commission's2406
or his prosecuting authority's discretion, may rescind the2407
agreement and reinstitute any investigation, hearing, or2408
prosecution of the accused. No information obtained from the2409
accused in reaching the settlement that is not otherwise2410
discoverable from the accused shall be used in any proceeding2411
before the commission or by the appropriate prosecuting authority2412
in prosecuting the violation. Notwithstanding any other section of2413
the Revised Code, if a settlement agreement is breached, any2414
statute of limitations for a violation of this chapter or section2415
2921.42 or 2921.43 of the Revised Code is tolled from the date the2416
complaint or charge is filed until the date the settlement2417
agreement is breached.2418

       Sec. 103.143.  In addition to its duties under section 103.142419
of the Revised Code, the legislative budget office of the2420
legislative service commission shall, in accordance with this2421
section, review all bills assigned to a committee of the general2422
assembly, complete the appropriate local impact statements2423
required by this section, and compile and distribute these2424
statements as required by division (D) of this section.2425

       (A) Subject to division (F) of this section, whenever any2426
bill is introduced into either house of the general assembly and2427
receives second consideration pursuant to the rules of that house,2428
the bill shall be reviewed immediately by the legislative budget2429
officer. Upon completing this review, the legislative budget2430
officer shall determine whether the bill could result in a net2431
additional cost to school districts, counties, townships, or2432
municipal corporations from any new or expanded program or service2433
that school districts, counties, townships, or municipal2434
corporations would be required to perform or administer under the2435
bill. If the legislative budget officer determines that it could2436
result in such a cost, the legislative budget office service2437
commission shall prepare a local impact statement in the manner2438
specified in this section. Immediately upon determining the2439
potential for a net additional cost, the legislative budget2440
officer shall notify the sponsor of the bill, the chairperson of2441
the committee to which the bill has been assigned, and the2442
presiding officer and minority leader of the house in which the2443
bill originates of the legislative budget officer's determination2444
by signing and dating a statement to be delivered to them.2445

       If a local impact statement is required, the legislative2446
budget office service commission shall, as soon as possible but no2447
later than thirty days after the date the bill is scheduled for a2448
first hearing in a committee in the house in which the bill was2449
introduced or no later than thirty days after being requested to2450
do so by the chairperson of such a committee, prepare a statement2451
containing the most accurate estimate possible, in dollars, of the2452
net additional costs, if any, that will be required of school2453
districts, counties, townships, or municipal corporations to2454
perform or administer a new or expanded program or service2455
required under the bill. Copies of this statement shall be sent2456
to the governor, the speaker of the house of representatives, the2457
president of the senate, the sponsor of the bill, the minority2458
leader in both houses, and the chairperson of the committee to2459
which the bill has been assigned.2460

       No bill for which a local impact statement is required by2461
this section shall be voted out of committee until after the2462
committee members have received and considered the statement or,2463
if the bill was amended in committee, the revised statement,2464
unless the bill is voted out of committee by a two-thirds vote of2465
the membership of the committee.2466

       (B) In preparing a local impact statement, the legislative2467
budget office service commission may request any department,2468
division, institution, board, commission, authority, bureau, or2469
other instrumentality or officer of the state, a school district,2470
a county, a municipal corporation, or a township to provide any of2471
the following information:2472

       (1) An estimate, in dollars, of the amount by which the bill2473
would increase or decrease the revenues received or expenditures2474
made by the instrumentality, officer, or entity;2475

       (2) Any other information the legislative budget office2476
service commission considers necessary for it to understand or2477
explain the fiscal effect of the bill.2478

       An instrumentality, officer, or entity shall comply with a2479
request as soon as reasonably possible, but not later than fifteen2480
days, after receiving it. The legislative budget office service2481
commission shall specify the manner of compliance in its request,2482
and if necessary may specify a period of time longer than fifteen2483
days for compliance. The legislative budget office service2484
commission may consider any information provided under division2485
(B)(1) or (2) of this section in preparing a local impact2486
statement.2487

       (C) Any time a bill is amended, the legislative budget2488
office service commission shall, as soon as reasonably possible,2489
revise the local impact statement to reflect changes made by2490
amendment.2491

       (D) The legislative budget office service commission shall2492
annually compile the final local impact statements completed for2493
all laws passed by both houses of the general assembly in the2494
preceding year. It shall send a copy of this compilation as a2495
draft report to the state and local government commission and to2496
associations or nonprofit organizations formed for the improvement2497
of school districts or municipal, township, or county government2498
or for their elected officials by the last day of July of each2499
year. Upon receiving the draft report, the state and local2500
government commission shall solicit comments from these2501
associations and organizations may comment about the actual fiscal2502
impact of bills passed during the year covered by the report. The2503
commission shall review and comment on the draft report before2504
returning it to the legislative budget office, along with the and2505
forward those comments of the associations and organizations, to2506
the legislative service commission by the last day of August. The2507
legislative budget office service commission shall then prepare a2508
final report consisting of the compiled local impact statements2509
and all forwarded comments returned by the state and local2510
government commission. The final report shall be completed by the2511
last day of September and copies of the report shall be sent to2512
the governor, the speaker of the house of representatives, and the2513
president of the senate.2514

       (E) As used in this section, "net additional cost" means any2515
cost incurred or anticipated to be incurred by a school district,2516
county, township, or municipal corporation in performing or2517
administering a new or expanded program or service required by a2518
state law other than any of the following:2519

       (1) A cost arising from the exercise of authority granted by2520
a state law rather than from the performance of a duty or2521
obligation imposed by a state law;2522

       (2) New duties or obligations that create only a minimal2523
cost for affected school districts, counties, townships, or2524
municipal corporations. The legislative budget office service2525
commission shall determine what constitutes such a minimal cost.2526
Before making this determination, the legislative budget office2527
service commission shall notify the state organizations that2528
represent school districts, counties, townships, and municipal2529
corporations regarding the proposed determination and provide a2530
thirty-day period for these organizations and individual school2531
districts, counties, townships, and municipal corporations to2532
comment on it.2533

       (3) A cost arising from a law passed as a result of a2534
federal mandate.2535

       The amounts described in division (E)(2) of this section2536
include only the amounts remaining after subtracting from such2537
costs any revenues received or receivable by the school district,2538
county, township, or municipal corporation on account of the2539
program or service, including the following:2540

       (a) Fees charged to the recipients of the program or2541
service;2542

       (b) State or federal aid paid specifically or categorically2543
in connection with the program or service;2544

       (c) Any offsetting savings resulting from the diminution or2545
elimination of any other program or service directly attributable2546
to the performance or administration of the required program or2547
service.2548

       (F) This section does not apply to any of the following:2549

       (1) The main biennial operating appropriations bill;2550

       (2) The biennial operating appropriations bill for state2551
agencies supported by motor fuel tax revenue;2552

       (3) The biennial operating appropriations bill or bills for2553
the bureau of workers' compensation and the industrial commission;2554

       (4) Any other bill that makes the principal biennial2555
operating appropriations for one or more state agencies;2556

       (5) The bill that primarily contains corrections and2557
supplemental appropriations to the biennial operating2558
appropriations bills;2559

       (6) The main biennial capital appropriations bill;2560

       (7) The bill that primarily contains reappropriations from2561
previous capital appropriations bills.2562

       Sec. 103.33. This section shall be known as "The Community2563
Organizations Access Procedure Act."2564

       Any state agency that is eligible to receive federal funds2565
under a federal grant program and that cannot or has decided that2566
it will not participate fully in the program shall promptly report2567
both of the following to the joint legislative committee on2568
federal funds:2569

       (A) That the agency cannot or has decided that it will not2570
participate fully in the program, along with the reason;2571

       (B) Whether there is some means allowable under federal law2572
by which counties or not-for-profit organizations can receive the2573
federal funds to participate in the program, as by being agents or2574
grantees of the agency.2575

       If there is a means whereby counties or not-for-profit2576
organizations can so participate in the program, the agency shall2577
post on a generally accessible internet website detailed2578
information about the program and the means by which the counties2579
or not-for-profit organizations can participate in the program.2580
The information shall be posted within ample time for the counties2581
or not-for-profit organizations to participate fully in the2582
program. Any county interested in participating in the program2583
shall apply to the agency on its own behalf. Any county that is2584
willing to be the fiscal agent for a not-for-profit organization2585
interested in participating and qualified to participate in the2586
program, or that arranges with a responsible organization to be2587
the fiscal agent for the program in the county, shall advertise or2588
otherwise inform such organizations about the program and shall2589
apply to the agency in conjunction with or on behalf of the2590
not-for-profit organization. The agency shall accept applications2591
from the counties on a first-come, first-served basis, shall apply2592
to the federal government for the funds, and shall pay the federal2593
funds to the counties when available.2594

       As used in this section, "not-for-profit organizations" means2595
organizations, including faith-based organizations, exempt from2596
federal income taxation under section 501(c)(3) of the "Internal2597
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as2598
amended.2599

       Sec. 105.41.  (A) There is hereby created the capitol square2600
review and advisory board, consisting of nine members as follows:2601

       (1) Two members of the senate, appointed by the president of2602
the senate, both of whom shall not be members of the same2603
political party;2604

       (2) Two members of the house of representatives, appointed2605
by the speaker of the house of representatives, both of whom shall2606
not be members of the same political party;2607

       (3) Five members appointed by the governor, with the advice2608
and consent of the senate, not more than three of whom shall be2609
members of the same political party, one of whom shall represent2610
the office of the state architect and engineer, one of whom shall2611
represent the Ohio arts council, one of whom shall represent the2612
Ohio historical society, one of whom shall represent the Ohio2613
building authority, and one of whom shall represent the public at2614
large.2615

       (B) Terms of office of each appointed member of the board2616
shall be for three years, except that members of the general2617
assembly appointed to the board shall be members of the board only2618
so long as they are members of the general assembly. Each member2619
shall hold office from the date of the member's appointment until2620
the end of the term for which the member was appointed. In case2621
of a vacancy occurring on the board, the president of the senate,2622
the speaker of the house of representatives, or the governor, as2623
the case may be, shall in the same manner prescribed for the2624
regular appointment to the commission, fill the vacancy by2625
appointing a member. Any member appointed to fill a vacancy2626
occurring prior to the expiration of the term for which the2627
member's predecessor was appointed shall hold office for the2628
remainder of the term. Any member shall continue in office2629
subsequent to the expiration date of the member's term until the2630
member's successor takes office, or until a period of sixty days2631
has elapsed, whichever occurs first.2632

       (C) The board shall hold meetings in a manner and at times2633
prescribed by the rules adopted by the board. A majority of the2634
board constitutes a quorum, and no action shall be taken by the2635
board unless approved by at least five voting members. At its2636
first meeting, the board shall adopt rules for the conduct of its2637
business and the election of its officers, and shall organize by2638
selecting a chairperson and other officers as it considers2639
necessary. Board members shall serve without compensation but2640
shall be reimbursed for actual and necessary expenses incurred in2641
the performance of their duties.2642

       (D) The board may do any of the following:2643

       (1) Employ or hire on a consulting basis professional,2644
technical, and clerical employees as are necessary for the2645
performance of its duties;2646

       (2) Hold public hearings at times and places as determined2647
by the board;2648

       (3) Adopt, amend, or rescind rules necessary to accomplish2649
the duties of the board as set forth in this section;2650

       (4) Sponsor, conduct, and support such social events as the2651
board may authorize and consider appropriate for the employees of2652
the board, employees and members of the general assembly,2653
employees of persons under contract with the board or otherwise2654
engaged to perform services on the premises of capitol square, or2655
other persons as the board may consider appropriate. Subject to2656
the requirements of Chapter 4303. of the Revised Code, the board2657
may provide beer, wine, and intoxicating liquor, with or without2658
charge, for such those events and may use funds only from the sale2659
of goods and services fund to purchase the beer, wine, and2660
intoxicating liquor the board provides.2661

       (E) The board shall do all of the following:2662

       (1) Have sole authority to coordinate and approve any2663
improvements, additions, and renovations that are made to the2664
capitol square. The improvements shall include, but not be2665
limited to, the placement of monuments and sculpture on the2666
capitol grounds.2667

       (2) Operate Subject to section 3353.07 of the Revised Code,2668
operate the capitol square, and have sole authority to regulate2669
all uses of the capitol square. The uses shall include, but not2670
be limited to, the casual and recreational use of the capitol2671
square.2672

       (3) Employ, fix the compensation of, and prescribe the2673
duties of the executive director of the board and such other2674
employees as the board considers necessary for the performance of2675
its powers and duties;2676

       (4) Establish and maintain the capitol collection trust. The2677
capitol collection trust shall consist of furniture, antiques, and2678
other items of personal property that the board shall store in2679
suitable facilities until they are ready to be placed in the2680
capitol square.2681

       (5) Perform such repair, construction, contracting,2682
purchasing, maintenance, supervisory, and operating activities as2683
the board determines are necessary for the operation and2684
maintenance of the capitol square;2685

       (6) Maintain and preserve the capitol square, in accordance2686
with guidelines issued by the United States secretary of the2687
interior for application of the secretary's standards for2688
rehabilitation adopted in 36 C.F.R. part 67.2689

       (F)(1) The capitol square review and advisory board shall2690
lease capital facilities improved or financed by the Ohio building2691
authority pursuant to Chapter 152. of the Revised Code for the use2692
of the board, and may enter into any other agreements with the2693
authority ancillary to improvement, financing, or leasing of such2694
those capital facilities, including, but not limited to, any2695
agreement required by the applicable bond proceedings authorized2696
by Chapter 152. of the Revised Code. Any lease of capital2697
facilities authorized by this section shall be governed by2698
division (D) of section 152.24 of the Revised Code.2699

       (2) Fees, receipts, and revenues received by the capitol2700
square review and advisory board from the state underground2701
parking garage constitute available receipts as defined in section2702
152.09 of the Revised Code, and may be pledged to the payment of2703
bond service charges on obligations issued by the Ohio building2704
authority pursuant to Chapter 152. of the Revised Code to improve2705
or finance capital facilities useful to the board. The authority2706
may, with the consent of the board, provide in the bond2707
proceedings for a pledge of all or such a portion of such those2708
fees, receipts, and revenues as the authority determines. The2709
authority may provide in the bond proceedings or by separate2710
agreement with the board for the transfer of such those fees,2711
receipts, and revenues to the appropriate bond service fund or2712
bond service reserve fund as required to pay the bond service2713
charges when due, and any such provision for the transfer of such2714
those fees, receipts, and revenues shall be controlling2715
notwithstanding any other provision of law pertaining to such2716
those fees, receipts, and revenues.2717

       (3) All moneys received by the treasurer of state on account2718
of the board and required by the applicable bond proceedings or by2719
separate agreement with the board to be deposited, transferred, or2720
credited to the bond service fund or bond service reserve fund2721
established by such the bond proceedings shall be transferred by2722
the treasurer of state to such fund, whether or not such fund it2723
is in the custody of the treasurer of state, without necessity for2724
further appropriation, upon receipt of notice from the Ohio2725
building authority as prescribed in the bond proceedings.2726

       (G) All fees, receipts, and revenues received by the capitol2727
square review and advisory board from the state underground2728
parking garage shall be deposited into the state treasury to the2729
credit of the underground parking garage operating fund, which is2730
hereby created, to be used for the purposes specified in division2731
(F) of this section and for the operation and maintenance of the2732
garage. All investment earnings of the fund shall be credited to2733
the fund.2734

       (H) All donations received by the capitol square review and2735
advisory board shall be deposited into the state treasury to the2736
credit of the capitol square renovation gift fund, which is hereby2737
created. The fund shall be used by the capitol square review and2738
advisory board as follows:2739

       (1) To provide part or all of the funding related to2740
construction, goods, or services for the renovation of the capitol2741
square;2742

       (2) To purchase art, antiques, and artifacts for display at2743
the capitol square;2744

       (3) To award contracts or make grants to organizations for2745
educating the public regarding the historical background and2746
governmental functions of the capitol square. Chapters 125.,2747
127., and 153. and section 3517.13 of the Revised Code do not2748
apply to purchases made exclusively from the fund, notwithstanding2749
anything to the contrary in those chapters or that section. All2750
investment earnings of the fund shall be credited to the fund.2751

       (I) Except as provided in divisions (G), (H), and (J) of2752
this section, all fees, receipts, and revenues received by the2753
capitol square review and advisory board shall be deposited into2754
the state treasury to the credit of the sale of goods and services2755
fund, which is hereby created. Money credited to the fund shall2756
be used solely to pay costs of the board other than those2757
specified in divisions (F) and (G) of this section. All2758
investment earnings of the fund shall be credited to the fund.2759

       (J) There is hereby created in the state treasury the2760
capitol square improvement fund, to be used by the capitol square2761
review and advisory board to pay construction, renovation, and2762
other costs related to the capitol square for which money is not2763
otherwise available to the board. Whenever the board determines2764
that there is a need to incur such those costs and that the2765
unencumbered, unobligated balance to the credit of the underground2766
parking garage operating fund exceeds the amount needed for the2767
purposes specified in division (F) of this section and for the2768
operation and maintenance of the garage, the board may request the2769
director of budget and management to transfer from the underground2770
parking garage operating fund to the capitol square improvement2771
fund the amount needed to pay such construction, renovation, or2772
other costs. The director then shall thereupon transfer the2773
amount needed from the excess balance of the underground parking2774
garage operating fund.2775

       (K) As the operation and maintenance of the capitol square2776
constitute essential government functions of a public purpose, the2777
board shall not be required to pay taxes or assessments upon the2778
square, or upon any property acquired or used by the board under2779
this section, or upon any income generated by the operation of the2780
square.2781

       (L) As used in this section, "capitol square" means the2782
capitol building, senate building, capitol atrium, capitol2783
grounds, and the state underground parking garage.2784

       (M) The capitol annex shall be known as the senate building.2785

       Sec. 107.10.  The following records shall be kept in the2786
Governor's governor's office:2787

       (A) A register of every bill passed by the general assembly2788
which that has been presented to the governor, in which is entered2789
the number of the bill, the date such the bill was presented to2790
the governor, and the action taken thereon on it by the governor2791
and the date thereof of the action;2792

       (B) An appointment record in which is entered the name of2793
each person appointed to an office by the governor, except2794
notaries public and commissioners, the office to which appointed,2795
the date of the appointment, the date of the commission, the date2796
of the beginning and expiration of the term, and, the result and2797
date of action by the senate, if required;2798

       (C) A record of notaries public in which is entered the name,2799
post-office address, county, date of commission, and the beginning2800
and expiration of term of each notary public appointed;2801

       (D) A record of commissioners in which is entered the name,2802
post-office address, the state, territory, or county where the2803
appointee resides, the date of commission, and the beginning and2804
expiration of term of each commissioner appointed;2805

       (E)(D) A record of requisitions in which is entered both of2806
the following: (1) an2807

       (1) An abstract of each application for a requisition,2808
showing date, by whom made, the name of the alleged fugitive, the2809
offense charged, upon the executive authority of what state,2810
territory, or country the requisition is made, and whether granted2811
or refused; (2) an2812

       (2) An abstract of requisition received, showing date of2813
receipt, from what state or territory issued, the name of the2814
alleged fugitive, the offense charged, whether a warrant was2815
issued or refused, and if issued, to the sheriff of what county,2816
or the reason for refusing to issue a warrant;.2817

       (F)(E) A pardon record in which is entered the date of each2818
application for pardon, reprieve, or commutation, the name of the2819
convict, of what crime, in what county, and at what term of court2820
he the convict was convicted, the sentence of the court, the2821
action of the governor, the reason therefor for that action, and2822
the date thereof of that action.2823

       Sec. 109.761.  (A)(1) Each agency or entity that appoints2824
or employs one or more peace officers shall report to the Ohio2825
peace officer training commission on or after January 1, 2002, all2826
of the following that occur on or after that date:2827

        (a) The appointment or employment of any person to serve2828
the agency or entity as a peace officer in any full-time,2829
part-time, reserve, auxiliary, or other capacity;2830

        (b) The termination, resignation, felony conviction, or2831
death of any person who has been appointed to or employed by the2832
agency or entity as a peace officer in any full-time, part-time,2833
reserve, auxiliary, or other capacity and who is serving the2834
agency or entity in any of those peace officer capacities.2835

        (2) An agency or entity shall make each report required by2836
division (A)(1) of this section within ten days of the occurrence2837
of the event that is being reported. The agency or entity shall2838
make the report in the manner and format prescribed by the2839
executive director of the Ohio peace officer training commission.2840

       (B) Each agency or entity that appoints or employs one or2841
more peace officers annually shall provide to the Ohio peace2842
officer training commission a roster of all persons who have been2843
appointed to or employed by the agency or entity as a peace2844
officer in any full-time, part-time, reserve, auxiliary, or other2845
capacity, and who are serving or during the year covered by the2846
report have served the agency or entity in any of those peace2847
officer capacities. The agency or entity shall provide the roster2848
in the manner and format, and by the date, prescribed by the2849
executive director of the Ohio peace officer training commission.2850

        (C) If an agency or entity that appoints or employs one or2851
more peace officers fails to comply with division (A) or (B) of2852
this section, the agency or entity is ineligible to have any of2853
its peace officers participate in any basic training certified by2854
the Ohio peace officer training commission or any advanced2855
training conducted by the Ohio peace officer training academy. The2856
agency or entity shall remain ineligible as described in this2857
division until the agency or entity attains compliance with2858
divisions (A) and (B) of this section. Upon the agency's or2859
entity's compliance with divisions (A) and (B) of this section,2860
the ineligibility imposed by this division terminates.2861

        (D) The Ohio peace officer training commission shall2862
prescribe the manner and format of making reports under division2863
(A) of this section and providing annual rosters under division2864
(B) of this section and shall prescribe the date by which annual2865
rosters must be provided.2866

       Sec. 111.16.  The secretary of state shall charge and2867
collect, for the benefit of the state, the following fees:2868

       (A) For filing and recording articles of incorporation of a2869
domestic corporation, including designation of agent:2870

       (1) Wherein the corporation shall not be authorized to issue2871
any shares of capital stock, one hundred twenty-five dollars.;2872

       (2) Wherein the corporation shall be authorized to issue2873
shares of capital stock, with or without par value:2874

       (a) Ten cents for each share authorized up to and including2875
one thousand shares;2876

       (b) Five cents for each share authorized in excess of one2877
thousand shares up to and including ten thousand shares;2878

       (c) Two cents for each share authorized in excess of ten2879
thousand shares up to and including fifty thousand shares;2880

       (d) One cent for each share authorized in excess of fifty2881
thousand shares up to and including one hundred thousand shares;2882

       (e) One-half cent for each share authorized in excess of one2883
hundred thousand shares up to and including five hundred thousand2884
shares;2885

       (f) One-quarter cent for each share authorized in excess of2886
five hundred thousand shares; provided no fee shall be less than2887
eighty-five one hundred twenty-five dollars or greater than one2888
hundred thousand dollars.2889

       (B) For filing and recording a certificate of amendment to2890
or amended articles of incorporation of a domestic corporation, or2891
for filing and recording a certificate of reorganization, a2892
certificate of dissolution, or an amendment to a foreign license2893
application:2894

       (1) If the domestic corporation is not authorized to issue2895
any shares of capital stock, twenty-five fifty dollars;2896

       (2) If the domestic corporation is authorized to issue2897
shares of capital stock, thirty-five fifty dollars, and in case of2898
any increase in the number of shares authorized to be issued, a2899
further sum computed in accordance with the schedule set forth in2900
division (A)(2) of this section less a credit computed in the same2901
manner for the number of shares previously authorized to be issued2902
by the corporation; provided no fee under division (B)(2) of this2903
section shall be greater than one hundred thousand dollars;2904

       (3) If the foreign corporation is not authorized to issue2905
any shares of capital stock, fifty dollars;2906

       (4) If the foreign corporation is authorized to issue shares2907
of capital stock, fifty dollars.2908

       (C) For filing and recording articles of incorporation of a2909
savings and loan association, one hundred twenty-five dollars; and2910
for filing and recording a certificate of amendment to or amended2911
articles of incorporation that do not involve an increase in the2912
authorized capital stock of such corporation of a savings and loan2913
association, twenty-five fifty dollars; and for filing and2914
recording a certificate of amendment to or amended articles of2915
incorporation that do involve an increase in the authorized2916
capital stock of such corporation, thirty-five dollars;2917

       (D) For filing and recording a certificate of merger or2918
consolidation, fifty one hundred twenty-five dollars and, in the2919
case of any new corporation resulting from a consolidation or any2920
surviving corporation that has an increased number of shares2921
authorized to be issued resulting from a merger, an additional sum2922
computed in accordance with the schedule set forth in division2923
(A)(2) of this section less a credit computed in the same manner2924
for the number of shares previously authorized to be issued or2925
represented in this state by each of the corporations for which a2926
consolidation or merger is effected by the certificate;2927

       (E) For filing and recording articles of incorporation of a2928
credit union or the American credit union guaranty association,2929
thirty-five one hundred twenty-five dollars, and for filing and2930
recording a certificate of increase in capital stock or any other2931
amendment of the articles of incorporation of a credit union or2932
the association, twenty-five fifty dollars;2933

       (F) For filing and recording articles of organization of a2934
limited liability company or, for filing and recording an2935
application to become a registered foreign limited liability2936
company, for filing and recording a registration application to2937
become a domestic limited liability partnership, or for filing and2938
recording an application to become a registered foreign limited2939
liability partnership, eighty-five one hundred twenty-five2940
dollars;2941

       (G) For filing and recording a certificate of limited2942
partnership or an application for registration as a foreign2943
limited partnership the following apply:2944

       (1) If the certificate or application is for a limited2945
partnership or foreign limited partnership described in division2946
(A)(1) of section 1782.63 of the Revised Code, and the partnership2947
has complied with divisions (A)(1)(a) to (e) of that section, no2948
fee;2949

       (2) If the certificate or application is for a limited2950
partnership or foreign limited partnership other than a2951
partnership described in division (G)(1) of this section,2952
eighty-five, one hundred twenty-five dollars.2953

       (H) For filing a copy of papers evidencing the incorporation2954
of a municipal corporation or of annexation of territory by a2955
municipal corporation, five dollars, to be paid by the municipal2956
corporation, the petitioners therefor, or their agent;2957

       (I) For filing and recording any of the following:2958

       (1) A license to transact business in this state by a2959
foreign corporation for profit pursuant to section 1703.04 of the2960
Revised Code or a foreign nonprofit corporation pursuant to2961
section 1703.27 of the Revised Code, one hundred twenty-five2962
dollars;2963

       (2) An annual report or annual statement pursuant to section2964
1775.63 or 1785.06 of the Revised Code, ten twenty-five dollars;2965

       (3) Any Except as otherwise provided in this section or any2966
other section of the Revised Code, any other certificate or paper2967
that is required to be filed and recorded or is permitted by any2968
provision of the Revised Code to be filed and recorded by any2969
provision of the Revised Code with the secretary of state, ten2970
twenty-five dollars.2971

       (J) For filing any certificate or paper not required to be2972
recorded, five dollars;2973

       (K)(1) For making copies of any certificate or other paper2974
filed in the office of the secretary of state, the cost shall a2975
fee not to exceed one dollar per page, except as otherwise2976
provided in the Revised Code, and for creating and affixing the2977
seal of the office of the secretary of state to any good standing2978
or other certificate, five dollars, except that for. For copies2979
of certificates or papers required by state officers for official2980
purpose, no charge shall be made;.2981

       (2) For creating and affixing the seal of the office of the2982
secretary of state to the certificates described in division (E)2983
of section 1701.81, division (E) of section 1705.38, or division2984
(D) of section 1702.43 of the Revised Code, twenty-five dollars.2985

       (L) For a minister's license to solemnize marriages, ten2986
dollars;2987

       (M) For examining documents to be filed at a later date for2988
the purpose of advising as to the acceptability of the proposed2989
filing, ten fifty dollars;2990

       (N) For expedited filing service for filings referred to in2991
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,2992
ten dollars in addition to the fee for filing and recording2993
provided in those divisions Fifty dollars for filing and recording2994
any of the following:2995

       (1) A certificate of dissolution and accompanying documents,2996
or a certificate of cancellation, under section 1701.86, 1702.47,2997
1705.43, or 1782.10 of the Revised Code;2998

       (2) A notice of dissolution of a foreign licensed2999
corporation or a certificate of surrender of license by a foreign3000
licensed corporation under section 1703.17 of the Revised Code;3001

       (3) The withdrawal of registration of a foreign or domestic3002
limited liability partnership under section 1775.61 or 1775.64 of3003
the Revised Code, or the certificate of cancellation of3004
registration of a foreign limited liability company under section3005
1705.57 of the Revised Code;3006

       (4) The filing of a cancellation of disclaimer of general3007
partner status under Chapter 1782. of the Revised Code.3008

       (O) Fees For filing a statement of continued existence by a3009
nonprofit corporation, twenty-five dollars;3010

       (P) For filing a restatement under section 1705.08 or3011
1782.09 of the Revised Code, an amendment to a certificate of3012
cancellation under section 1782.10 of the Revised Code, an3013
amendment under section 1705.08 or 1782.09 of the Revised Code, or3014
a correction under section 1705.55, 1775.61, 1775.64, or 1782.523015
of the Revised Code, fifty dollars;3016

       (Q) For filing for reinstatement of an entity cancelled by3017
operation of law, by the secretary of state, by order of the3018
department of taxation, or by order of a court, twenty-five3019
dollars;3020

       (R) For filing a change of agent, resignation of agent, or3021
change of agent's address under section 1701.07, 1702.06,3022
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.043023
of the Revised Code, twenty-five dollars;3024

       (S) For filing and recording any of the following:3025

       (1) An application for the exclusive right to use a name or3026
an application to reserve a name for future use under section3027
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised3028
Code, fifty dollars;3029

       (2) A trade name or fictitious name registration or report,3030
fifty dollars;3031

       (3) An application to renew any item covered by division3032
(S)(1) or (2) of this section that is permitted to be renewed,3033
twenty-five dollars;3034

       (4) An assignment of rights for use of a name covered by3035
division (S)(1), (2), or (3) of this section, the cancellation of3036
a name registration or name reservation that is so covered, or3037
notice of a change of address of the registrant of a name that is3038
so covered, twenty-five dollars.3039

       (T) For filing and recording a report to operate a business3040
trust or a real estate investment trust, either foreign or3041
domestic, one hundred twenty-five dollars; and for filing and3042
recording an amendment to a report or associated trust instrument,3043
or a surrender of authority, to operate a business trust or real3044
estate investment trust, fifty dollars;3045

       (U)(1) For filing and recording the registration of a3046
trademark, service mark, or mark of ownership, one hundred3047
twenty-five dollars;3048

       (2) For filing and recording the change of address of a3049
registrant, the assignment of rights to a registration, a renewal3050
of a registration, or the cancellation of a registration3051
associated with a trademark, service mark, or mark of ownership,3052
twenty-five dollars.3053

       Fees specified in this section may be paid by cash, check, or3054
money order or by credit card, or an alternative payment program,3055
in accordance with division (B) or (C) of section 111.18 of the3056
Revised Code. Any credit card number or the expiration date of3057
any credit card is not subject to disclosure under Chapter 149. of3058
the Revised Code.3059

       Sec. 111.18.  (A) The secretary of state shall keep a record3060
of all fees collected by the secretary of state and, except as3061
otherwise provided in this subject to division (B) of section and3062
in sections 1309.401 and 1329.68 and division (C)(2) of section3063
3506.05 of the Revised Code and except as otherwise provided in3064
the Revised Code, shall pay, through June 30, 2001, fifty per cent3065
of them into the state treasury to the credit of the general3066
revenue fund and fifty per cent of them into the state treasury to3067
the credit of the corporate and uniform commercial code filing3068
fund created under by section 1309.401 of the Revised Code and3069
shall pay, on and after July 1, 2001, all of them into the state3070
treasury to the credit of the general revenue fund. Through June3071
30, 2001, all of the fees collected under divisions (I)(2) and (N)3072
of section 111.16 of the Revised Code shall be paid into the state3073
treasury to the credit of that corporate and uniform commercial3074
code filing fund. On and after July 1, 2001, the following fees3075
shall be paid into the state treasury to the credit of that3076
corporate and uniform commercial code filing fund:3077

       (1) Twenty-five dollars of each fee collected under3078
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the3079
Revised Code;3080

       (2) Twenty-five dollars of each fee collected under division3081
(C) of section 1703.031 of the Revised Code;3082

       (3) All fees collected under divisions (I)(2) and (N) of3083
section 111.16 of the Revised Code;3084

       (4) All fees collected under section 1703.08 of the Revised3085
Code;3086

       (5) Each fifty-dollar fee for amendments filed by foreign3087
nonprofit corporations under section 1703.27 of the Revised Code.3088

       (B) The secretary of state may implement a credit card3089
payment program permitting payment of any fee charged by the3090
secretary of state by means of a credit card. The secretary of3091
state may open an account outside the state treasury in a3092
financial institution for the purpose of depositing credit card3093
receipts. Within forty-eight hours following the deposit of the3094
receipts, the financial institution shall make available to the3095
secretary of state funds in the amount of the receipts. The3096
secretary of state shall then pay these funds into the state3097
treasury to the credit of the general revenue fund, except as3098
otherwise provided by the Revised Code.3099

       The secretary of state may pay the cost of any service charge3100
required by a financial institution or credit card company in3101
connection with a credit card payment program.3102

       The secretary of state shall adopt rules as necessary to3103
carry out the purposes of this division. The rules shall include3104
standards for determining eligible financial institutions and the3105
manner in which funds shall be made available and shall be3106
consistent with the standards contained in sections 135.03,3107
135.18, and 135.181 of the Revised Code.3108

       The secretary of state may implement alternative payment3109
programs that permit payment of any fee charged by the secretary3110
of state by means other than cash, check, money order, or credit3111
card; an alternative payment program may include, but is not3112
limited to, one that permits a fee to be paid by electronic means3113
of transmission. Fees paid under an alternative payment program3114
shall be deposited to the credit of the secretary of state3115
alternative payment program fund, which is hereby created. The3116
secretary of state alternative payment program fund shall be in3117
the custody of the treasurer of state but shall not be part of the3118
state treasury. Any investment income of the secretary of state3119
alternative payment program fund shall be credited to that fund3120
and used to operate the alternative payment program. Within two3121
working days following the deposit of funds to the credit of the3122
secretary of state alternative payment program fund, the secretary3123
of state shall pay those funds into the state treasury to the3124
credit of the corporate and uniform commercial code filing fund,3125
subject to division (B) of section 1309.401 of the Revised Code3126
and except as otherwise provided in the Revised Code.3127

       The secretary of state shall adopt rules necessary to carry3128
out the purposes of this division.3129

       Sec. 111.23.  (A) The secretary of state, by rule, shall3130
establish, and prescribe guidelines and fees for the use of, an3131
"expedited filing service" that provides, at the option of the3132
person making such a filing, expeditious processing of any filing3133
with the secretary of state under Chapters Chapter 1309. and or3134
1329. and of any filing referred to in divisions (A), (B), (C),3135
(D), (E), (F), and (G) of section 111.16 or Title XVII of the3136
Revised Code.3137

       (B) The secretary of state may adopt rules establishing, and3138
prescribing guidelines and fees for the use of, a bulk filing3139
service that provides, at the option of the person making a3140
filing, a method for providing large amounts of information. The3141
secretary of state may charge and collect fees for filings made3142
through a bulk filing service at reduced amounts from those3143
otherwise specified in or authorized by the Revised Code.3144

       (C) The secretary of state may adopt rules establishing, and3145
prescribing guidelines and fees for the use of, alternative filing3146
procedures in making filings with the secretary of state. Under3147
these rules, the secretary of state may accept any filing and3148
payment of associated fees through any electronic, digital,3149
facsimile, or other means of transmission. The filings shall be3150
made on a form prescribed by the secretary of state and shall3151
comply fully with any other requirements of the Revised Code3152
applicable to the type of filing being made.3153

       Sec. 111.25.  (A) The secretary of state shall prescribe the3154
following forms for persons to use in complying with the3155
requirements of Chapter 1309. of the Revised Code for the filing3156
of financing statements and related documents:3157

       (A)(1) The financing statement described in division (A) of3158
section 1309.39 of the Revised Code;3159

       (B)(2) A form for the amendment of a financing statement3160
described in division (C) of section 1309.39 of the Revised Code;3161

       (C)(3) A continuation statement described in division (C) of3162
section 1309.40 of the Revised Code;3163

       (D)(4) A termination statement described in division (A) of3164
section 1309.41 of the Revised Code;3165

       (E)(5) A form for an assignment of rights under a financing3166
statement described in section 1309.42 of the Revised Code;3167

       (F)(6) A statement of release described in section 1309.433168
of the Revised Code.3169

       (B) The secretary of state shall prescribe the forms for3170
persons to use in complying with the requirements of Title XVII of3171
the Revised Code to the extent that those requirements relate to3172
filings with the secretary of state's office.3173

       Sec. 118.08.  (A) The members of the financial planning and3174
supervision commission shall serve without compensation, but shall3175
be paid by the commission their necessary and actual expenses3176
incurred while engaged in the business of the commission.3177

       (B) All expenses incurred for services rendered by the3178
financial supervisor for a period of twenty-four months shall be3179
paid by the commission pursuant to an appropriation made by the3180
general assembly for this purpose. Expenses incurred for services3181
rendered by the financial supervisor beyond this period shall be3182
borne by the municipal corporation, county, or township unless the3183
director of budget and management waives the costs and allows3184
payment in accordance with the following:3185

       (1) If the continued performance of the financial supervisor3186
is required for a period of twenty-five to thirty months, the3187
municipal corporation, county, or township is responsible for3188
twenty per cent of the compensation due.3189

       (2) If the continued performance of the financial supervisor3190
is required for a period of thirty-one to thirty-six months, the3191
municipal corporation, county, or township is responsible for3192
fifty per cent of the compensation due.3193

       (3) If the continued performance of the financial supervisor3194
is required for a period of thirty-seven months or more, the3195
municipal corporation, county, or township is responsible for one3196
hundred per cent of the compensation due except as otherwise3197
provided in division (B)(4) of this section.3198

       (4) Beginning in fiscal year 2000, if If the continued3199
performance of the financial supervisor has been required longer3200
than eight fiscal years for any municipal corporation, county, or3201
township declared to be in a fiscal emergency prior to fiscal year3202
1996, that municipal corporation, county, or township is3203
responsible for fifty per cent of the compensation due in its3204
ninth fiscal year 2000 while in fiscal emergency and one hundred3205
per cent of the compensation due in its tenth fiscal year 2001 and3206
every fiscal year thereafter while in fiscal emergency.3207

       (C) If the municipal corporation, county, or township fails3208
to make any payment to the financial supervisor as required by3209
this chapter, the financial supervisor may certify to the county3210
auditor the amount due, and that amount shall be withheld from the3211
municipal corporation, county, or township from any fund or funds3212
in the custody of the county auditor for distribution to the3213
municipal corporation, county, or township, except for those3214
reserved for payment of local government fund notes. Upon3215
receiving such the certification from the auditor of state3216
financial supervisor, the county auditor shall draw a voucher for3217
the amount against such those fund or funds in favor of the3218
financial supervisor.3219

       Sec. 119.12.  Any party adversely affected by any order of an3220
agency issued pursuant to an adjudication denying an applicant3221
admission to an examination, or denying the issuance or renewal of3222
a license or registration of a licensee, or revoking or suspending3223
a license, or allowing the payment of a forfeiture under section3224
4301.252 of the Revised Code, may appeal from the order of the3225
agency to the court of common pleas of the county in which the3226
place of business of the licensee is located or the county in3227
which the licensee is a resident, except that appeals from3228
decisions of the liquor control commission, the state medical3229
board, state chiropractic board, state dental board, and board of3230
nursing shall be to the court of common pleas of Franklin county.3231
If any such party is not a resident of and has no place of3232
business in this state, the party may appeal to the court of3233
common pleas of Franklin county.3234

       Any party adversely affected by any order of an agency issued3235
pursuant to any other adjudication may appeal to the court of3236
common pleas of Franklin county, except that appeals from orders3237
of the fire marshal issued under Chapter 3737. of the Revised Code3238
may be to the court of common pleas of the county in which the3239
building of the aggrieved person is located.3240

       This section does not apply to appeals from the department of3241
taxation.3242

       Any party desiring to appeal shall file a notice of appeal3243
with the agency setting forth the order appealed from and the3244
grounds of the party's appeal. A copy of such notice of appeal3245
shall also be filed by the appellant with the court. Unless3246
otherwise provided by law relating to a particular agency, such3247
notices of appeal shall be filed within fifteen days after the3248
mailing of the notice of the agency's order as provided in this3249
section. For purposes of this paragraph, an order includes a3250
determination appealed pursuant to division (C) of section 119.0923251
of the Revised Code.3252

       The filing of a notice of appeal shall not automatically3253
operate as a suspension of the order of an agency. If it appears3254
to the court that an unusual hardship to the appellant will result3255
from the execution of the agency's order pending determination of3256
the appeal, the court may grant a suspension and fix its terms. If3257
an appeal is taken from the judgment of the court and the court3258
has previously granted a suspension of the agency's order as3259
provided in this section, such suspension of the agency's order3260
shall not be vacated and shall be given full force and effect3261
until the matter is finally adjudicated. No renewal of a license3262
or permit shall be denied by reason of such suspended order during3263
the period of the appeal from the decision of the court of common3264
pleas. In the case of an appeal from the state medical board or3265
state chiropractic board, the court may grant a suspension and3266
fix its terms if it appears to the court that an unusual hardship3267
to the appellant will result from the execution of the agency's3268
order pending determination of the appeal and the health, safety,3269
and welfare of the public will not be threatened by suspension of3270
the order. This provision shall not be construed to limit the3271
factors the court may consider in determining whether to suspend3272
an order of any other agency pending determination of an appeal.3273

       The final order of adjudication may apply to any renewal of a3274
license or permit which has been granted during the period of the3275
appeal.3276

       Notwithstanding any other provision of this section, any3277
order issued by a court of common pleas or a court of appeals3278
suspending the effect of an order of the liquor control commission3279
issued pursuant to Chapter 4301. or 4303. of the Revised Code that3280
suspends, revokes, or cancels a permit issued under Chapter 4303.3281
of the Revised Code, or that allows the payment of a forfeiture3282
under section 4301.252 of the Revised Code, shall terminate not3283
more than six months after the date of the filing of the record of3284
the liquor control commission with the clerk of the court of3285
common pleas and shall not be extended. The court of common3286
pleas, or the court of appeals on appeal, shall render a judgment3287
in that matter within six months after the date of the filing of3288
the record of the liquor control commission with the clerk of the3289
court of common pleas. A court of appeals shall not issue an3290
order suspending the effect of an order of the liquor control3291
commission that extends beyond six months after the date on which3292
the record of the liquor control commission is filed with a court3293
of common pleas.3294

       Notwithstanding any other provision of this section, any3295
order issued by a court of common pleas suspending the effect of3296
an order of the state medical board or state chiropractic board3297
that limits, revokes, suspends, places on probation, or refuses to3298
register or reinstate a certificate issued by the board or3299
reprimands the holder of such a certificate shall terminate not3300
more than fifteen months after the date of the filing of a notice3301
of appeal in the court of common pleas, or upon the rendering of a3302
final decision or order in the appeal by the court of common3303
pleas, whichever occurs first.3304

       Within thirty days after receipt of a notice of appeal from3305
an order in any case in which a hearing is required by sections3306
119.01 to 119.13 of the Revised Code, the agency shall prepare and3307
certify to the court a complete record of the proceedings in the3308
case. Failure of the agency to comply within the time allowed,3309
upon motion, shall cause the court to enter a finding in favor of3310
the party adversely affected. Additional time, however, may be3311
granted by the court, not to exceed thirty days, when it is shown3312
that the agency has made substantial effort to comply. Such3313
record shall be prepared and transcribed and the expense of it3314
shall be taxed as a part of the costs on the appeal. The3315
appellant shall provide security for costs satisfactory to the3316
court of common pleas. Upon demand by any interested party, the3317
agency shall furnish at the cost of the party requesting it a copy3318
of the stenographic report of testimony offered and evidence3319
submitted at any hearing and a copy of the complete record.3320

       Notwithstanding any other provision of this section, any3321
party desiring to appeal an order or decision of the state3322
personnel board of review shall, at the time of filing a notice of3323
appeal with the board, provide a security deposit in an amount and3324
manner prescribed in rules that the board shall adopt in3325
accordance with this chapter. In addition, the board is not3326
required to prepare or transcribe the record of any of its3327
proceedings unless the appellant has provided the deposit3328
described above. The failure of the board to prepare or3329
transcribe a record for an appellant who has not provided a3330
security deposit shall not cause a court to enter a finding3331
adverse to the board.3332

       Unless otherwise provided by law, in the hearing of the3333
appeal, the court is confined to the record as certified to it by3334
the agency. Unless otherwise provided by law, the court may grant3335
a request for the admission of additional evidence when satisfied3336
that such additional evidence is newly discovered and could not3337
with reasonable diligence have been ascertained prior to the3338
hearing before the agency.3339

       The court shall conduct a hearing on such appeal and shall3340
give preference to all proceedings under sections 119.01 to 119.133341
of the Revised Code, over all other civil cases, irrespective of3342
the position of the proceedings on the calendar of the court. An3343
appeal from an order of the state medical board issued pursuant to3344
division (G) of either section 4730.25 or 4731.22 of the Revised3345
Code, or the state chiropractic board issued pursuant to section 3346
4734.37 of the Revised Code, or the liquor control commission3347
issued pursuant to Chapter 4301. or 4303. of the Revised Code3348
shall be set down for hearing at the earliest possible time and3349
takes precedence over all other actions. The hearing in the court3350
of common pleas shall proceed as in the trial of a civil action,3351
and the court shall determine the rights of the parties in3352
accordance with the laws applicable to such action. At such3353
hearing, counsel may be heard on oral argument, briefs may be3354
submitted, and evidence introduced if the court has granted a3355
request for the presentation of additional evidence.3356

       The court may affirm the order of the agency complained of in3357
the appeal if it finds, upon consideration of the entire record3358
and such additional evidence as the court has admitted, that the3359
order is supported by reliable, probative, and substantial3360
evidence and is in accordance with law. In the absence of such a3361
finding, it may reverse, vacate, or modify the order or make such3362
other ruling as is supported by reliable, probative, and3363
substantial evidence and is in accordance with law. The court3364
shall award compensation for fees in accordance with section3365
2335.39 of the Revised Code to a prevailing party, other than an3366
agency, in an appeal filed pursuant to this section.3367

       The judgment of the court shall be final and conclusive3368
unless reversed, vacated, or modified on appeal. Such appeals may3369
be taken either by the party or the agency, shall proceed as in3370
the case of appeals in civil actions, and shall be pursuant to the3371
Rules of Appellate Procedure and, to the extent not in conflict3372
with those rules, Chapter 2505. of the Revised Code. Such appeal3373
by the agency shall be taken on questions of law relating to the3374
constitutionality, construction, or interpretation of statutes and3375
rules of the agency, and in such appeal the court may also review3376
and determine the correctness of the judgment of the court of3377
common pleas that the order of the agency is not supported by any3378
reliable, probative, and substantial evidence in the entire3379
record.3380

       The court shall certify its judgment to such agency or take3381
such other action necessary to give its judgment effect.3382

       Sec. 120.06.  (A)(1) The state public defender, when3383
designated by the court or requested by a county public defender3384
or joint county public defender, may provide legal representation3385
in all courts throughout the state to indigent adults and3386
juveniles who are charged with the commission of an offense or act3387
for which the penalty or any possible adjudication includes the3388
potential loss of liberty.3389

       (2) The state public defender may provide legal3390
representation to any indigent person who, while incarcerated in3391
any state correctional institution, is charged with a felony3392
offense, for which the penalty or any possible adjudication that3393
may be imposed by a court upon conviction includes the potential3394
loss of liberty.3395

       (3) The state public defender may provide legal3396
representation to any person incarcerated in any correctional3397
institution of the state, in any matter in which the person3398
asserts the person is unlawfully imprisoned or detained.3399

       (4) The state public defender, in any case in which the3400
state public defender has provided legal representation or is3401
requested to do so by a county public defender or joint county3402
public defender, may provide legal representation on appeal.3403

       (5) The state public defender, when designated by the court3404
or requested by a county public defender, joint county public3405
defender, or the director of rehabilitation and correction, shall3406
provide legal representation in parole and probation revocation3407
matters, unless the state public defender finds that the alleged3408
parole or probation violator has the financial capacity to retain3409
the alleged violator's own counsel.3410

       (6) If the state public defender contracts with a county3411
public defender commission, a joint county public defender3412
commission, or a board of county commissioners for the provision3413
of services, under authority of division (C)(7) of section 120.043414
of the Revised Code, the state public defender shall provide legal3415
representation in accordance with the contract.3416

       (B) The state public defender shall not be required to3417
prosecute any appeal, postconviction remedy, or other proceeding3418
pursuant to division (A)(3), (4), or (5) of this section, unless3419
the state public defender first is satisfied that there is3420
arguable merit to the proceeding.3421

       (C) A court may appoint counsel or allow an indigent person3422
to select the indigent's own personal counsel to assist the state3423
public defender as co-counsel when the interests of justice so3424
require. When co-counsel is appointed to assist the state public3425
defender, the co-counsel shall receive any compensation that the3426
court may approve, not to exceed the amounts provided for in3427
section 2941.51 of the Revised Code.3428

       (D) When the state public defender is designated by the3429
court or requested by a county public defender or joint county3430
public defender to provide legal representation for an indigent3431
person in any case, other than pursuant to a contract entered into3432
under authority of division (C)(7) of section 120.04 of the3433
Revised Code, the state public defender shall send to the county3434
in which the case is filed an itemized bill for fifty per cent of3435
the actual cost of the representation. The county, upon receipt3436
of an itemized bill from the state public defender pursuant to3437
this division, shall pay fifty per cent of the actual cost of the3438
legal representation as set forth in the itemized bill. There is3439
hereby created in the state treasury the county representation3440
fund for the deposit of moneys received from counties under this3441
division. All moneys credited to the fund shall be used by the3442
state public defender to provide legal representation for indigent3443
persons when designated by the court or requested by a county or3444
joint county public defender.3445

       (E)(1) Notwithstanding any contrary provision of sections3446
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code3447
that pertains to representation by the attorney general, an3448
assistant attorney general, or special counsel of an officer or3449
employee, as defined in section 109.36 of the Revised Code, or of3450
an entity of state government, the state public defender may elect3451
to contract with, and to have the state pay pursuant to division3452
(E)(2) of this section for the services of, private legal counsel3453
to represent the Ohio public defender commission, the state public3454
defender, assistant state public defenders, other employees of the3455
commission or the state public defender, and attorneys described3456
in division (C) of section 120.41 of the Revised Code in a3457
malpractice or other civil action or proceeding that arises from3458
alleged actions or omissions related to responsibilities derived3459
pursuant to this chapter, or in a civil action that is based upon3460
alleged violations of the constitution or statutes of the United3461
States, including section 1983 of Title 42 of the United States3462
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that3463
arises from alleged actions or omissions related to3464
responsibilities derived pursuant to this chapter, if the state3465
public defender determines, in good faith, that the defendant in3466
the civil action or proceeding did not act manifestly outside the3467
scope of the defendant's employment or official responsibilities,3468
with malicious purpose, in bad faith, or in a wanton or reckless3469
manner. If the state public defender elects not to contract3470
pursuant to this division for private legal counsel in a civil3471
action or proceeding, then, in accordance with sections 109.02,3472
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the3473
attorney general shall represent or provide for the representation3474
of the Ohio public defender commission, the state public defender,3475
assistant state public defenders, other employees of the3476
commission or the state public defender, or attorneys described in3477
division (C) of section 120.41 of the Revised Code in the civil3478
action or proceeding.3479

       (2)(a) Subject to division (E)(2)(b) of this section,3480
payment from the state treasury for the services of private legal3481
counsel with whom the state public defender has contracted3482
pursuant to division (E)(1) of this section shall be accomplished3483
only through the following procedure:3484

       (i) The private legal counsel shall file with the attorney3485
general a copy of the contract; a request for an award of legal3486
fees, court costs, and expenses earned or incurred in connection3487
with the defense of the Ohio public defender commission, the state3488
public defender, an assistant state public defender, an employee,3489
or an attorney in a specified civil action or proceeding; a3490
written itemization of those fees, costs, and expenses, including3491
the signature of the state public defender and the state public3492
defender's attestation that the fees, costs, and expenses were3493
earned or incurred pursuant to division (E)(1) of this section to3494
the best of the state public defender's knowledge and information;3495
a written statement whether the fees, costs, and expenses are for3496
all legal services to be rendered in connection with that defense,3497
are only for legal services rendered to the date of the request3498
and additional legal services likely will have to be provided in3499
connection with that defense, or are for the final legal services3500
rendered in connection with that defense; a written statement3501
indicating whether the private legal counsel previously submitted3502
a request for an award under division (E)(2) of this section in3503
connection with that defense and, if so, the date and the amount3504
of each award granted; and, if the fees, costs, and expenses are3505
for all legal services to be rendered in connection with that3506
defense or are for the final legal services rendered in connection3507
with that defense, a certified copy of any judgment entry in the3508
civil action or proceeding or a signed copy of any settlement3509
agreement entered into between the parties to the civil action or3510
proceeding.3511

       (ii) Upon receipt of a request for an award of legal fees,3512
court costs, and expenses and the requisite supportive3513
documentation described in division (E)(2)(a)(i) of this section,3514
the attorney general shall review the request and documentation;3515
determine whether any of the limitations specified in division3516
(E)(2)(b) of this section apply to the request; and, if an award3517
of legal fees, court costs, or expenses is permissible after3518
applying the limitations, prepare a document awarding legal fees,3519
court costs, or expenses to the private legal counsel. The3520
document shall name the private legal counsel as the recipient of3521
the award; specify the total amount of the award as determined by3522
the attorney general; itemize the portions of the award that3523
represent legal fees, court costs, and expenses; specify any3524
limitation applied pursuant to division (E)(2)(b) of this section3525
to reduce the amount of the award sought by the private legal3526
counsel; state that the award is payable from the state treasury3527
pursuant to division (E)(2)(a)(iii) of this section; and be3528
approved by the inclusion of the signatures of the attorney3529
general, the state public defender, and the private legal counsel.3530

       (iii) The attorney general shall forward a copy of the3531
document prepared pursuant to division (E)(2)(a)(ii) of this3532
section to the director of budget and management. The award of3533
legal fees, court costs, or expenses shall be paid out of the3534
state public defender's appropriations, to the extent there is a3535
sufficient available balance in those appropriations. If the3536
state public defender does not have a sufficient available balance3537
in the state public defender's appropriations to pay the entire3538
award of legal fees, court costs, or expenses, the director shall3539
make application for a transfer of appropriations out of the3540
emergency purposes account or any other appropriation for3541
emergencies or contingencies in an amount equal to the portion of3542
the award that exceeds the sufficient available balance in the3543
state public defender's appropriations. A transfer of3544
appropriations out of the emergency purposes account or any other3545
appropriation for emergencies or contingencies shall be authorized3546
if there are sufficient moneys greater than the sum total of then3547
pending emergency purposes account requests, or requests for3548
releases from the other appropriation. If a transfer of3549
appropriations out of the emergency purposes account or other3550
appropriation for emergencies or contingencies is made to pay an3551
amount equal to the portion of the award that exceeds the3552
sufficient available balance in the state public defender's3553
appropriations, the director shall cause the payment to be made to3554
the private legal counsel. If sufficient moneys do not exist in3555
the emergency purposes account or other appropriation for3556
emergencies or contingencies to pay an amount equal to the portion3557
of the award that exceeds the sufficient available balance in the3558
state public defender's appropriations, the private legal counsel3559
shall request the general assembly to make an appropriation3560
sufficient to pay an amount equal to the portion of the award that3561
exceeds the sufficient available balance in the state public3562
defender's appropriations, and no payment in that amount shall be3563
made until the appropriation has been made. The private legal3564
counsel shall make the request during the current biennium and3565
during each succeeding biennium until a sufficient appropriation3566
is made.3567

       (b) An award of legal fees, court costs, and expenses3568
pursuant to division (E) of this section is subject to the3569
following limitations:3570

       (i) The maximum award or maximum aggregate of a series of3571
awards of legal fees, court costs, and expenses to the private3572
legal counsel in connection with the defense of the Ohio public3573
defender commission, the state public defender, an assistant state3574
public defender, an employee, or an attorney in a specified civil3575
action or proceeding shall not exceed fifty thousand dollars.3576

       (ii) The private legal counsel shall not be awarded legal3577
fees, court costs, or expenses to the extent the fees, costs, or3578
expenses are covered by a policy of malpractice or other3579
insurance.3580

       (iii) The private legal counsel shall be awarded legal fees3581
and expenses only to the extent that the fees and expenses are3582
reasonable in light of the legal services rendered by the private3583
legal counsel in connection with the defense of the Ohio public3584
defender commission, the state public defender, an assistant state3585
public defender, an employee, or an attorney in a specified civil3586
action or proceeding.3587

       (c) If, pursuant to division (E)(2)(a) of this section, the3588
attorney general denies a request for an award of legal fees,3589
court costs, or expenses to private legal counsel because of the3590
application of a limitation specified in division (E)(2)(b) of3591
this section, the attorney general shall notify the private legal3592
counsel in writing of the denial and of the limitation applied.3593

       (d) If, pursuant to division (E)(2)(c) of this section, a3594
private legal counsel receives a denial of an award notification3595
or if a private legal counsel refuses to approve a document under3596
division (E)(2)(a)(ii) of this section because of the proposed3597
application of a limitation specified in division (E)(2)(b) of3598
this section, the private legal counsel may commence a civil3599
action against the attorney general in the court of claims to3600
prove the private legal counsel's entitlement to the award sought,3601
to prove that division (E)(2)(b) of this section does not prohibit3602
or otherwise limit the award sought, and to recover a judgment for3603
the amount of the award sought. A civil action under division3604
(E)(2)(d) of this section shall be commenced no later than two3605
years after receipt of a denial of award notification or, if the3606
private legal counsel refused to approve a document under division3607
(E)(2)(a)(ii) of this section because of the proposed application3608
of a limitation specified in division (E)(2)(b) of this section,3609
no later than two years after the refusal. Any judgment of the3610
court of claims in favor of the private legal counsel shall be3611
paid from the state treasury in accordance with division (E)(2)(a)3612
of this section.3613

       (F) If a court appoints the office of the state public3614
defender to represent a petitioner in a postconviction relief3615
proceeding under section 2953.21 of the Revised Code, the3616
petitioner has received a sentence of death, and the proceeding3617
relates to that sentence, all of the attorneys who represent the3618
petitioner in the proceeding pursuant to the appointment, whether3619
an assistant state public defender, the state public defender, or3620
another attorney, shall be certified under Rule 65 20 of the Rules3621
of Superintendence for Common Pleas the Courts of Ohio to3622
represent indigent defendants charged with or convicted of an3623
offense for which the death penalty can be or has been imposed.3624

       Sec. 120.16.  (A)(1) The county public defender shall3625
provide legal representation to indigent adults and juveniles who3626
are charged with the commission of an offense or act that is a3627
violation of a state statute and for which the penalty or any3628
possible adjudication includes the potential loss of liberty and3629
in postconviction proceedings as defined in this section.3630

       (2) The county public defender may provide legal3631
representation to indigent adults and juveniles charged with the3632
violation of an ordinance of a municipal corporation for which the3633
penalty or any possible adjudication includes the potential loss3634
of liberty, if the county public defender commission has3635
contracted with the municipal corporation to provide legal3636
representation for indigent persons charged with a violation of an3637
ordinance of the municipal corporation.3638

       (B) The county public defender shall provide the legal3639
representation authorized by division (A) of this section at every3640
stage of the proceedings following arrest, detention, service of3641
summons, or indictment.3642

       (C) The county public defender may request the state public3643
defender to prosecute any appeal or other remedy before or after3644
conviction that the county public defender decides is in the3645
interests of justice, and may provide legal representation in3646
parole and probation revocation matters.3647

       (D) The county public defender shall not be required to3648
prosecute any appeal, postconviction remedy, or other proceeding,3649
unless the county public defender is first satisfied there is3650
arguable merit to the proceeding.3651

       (E) Nothing in this section shall prevent a court from3652
appointing counsel other than the county public defender or from3653
allowing an indigent person to select the indigent person's own3654
personal counsel to represent the indigent person. A court may3655
also appoint counsel or allow an indigent person to select the3656
indigent person's own personal counsel to assist the county public3657
defender as co-counsel when the interests of justice so require.3658

       (F) Information as to the right to legal representation by3659
the county public defender or assigned counsel shall be afforded3660
to an accused person immediately upon arrest, when brought before3661
a magistrate, or when formally charged, whichever occurs first.3662

       (G) If a court appoints the office of the county public3663
defender to represent a petitioner in a postconviction relief3664
proceeding under section 2953.21 of the Revised Code, the3665
petitioner has received a sentence of death, and the proceeding3666
relates to that sentence, all of the attorneys who represent the3667
petitioner in the proceeding pursuant to the appointment, whether3668
an assistant county public defender or the county public defender,3669
shall be certified under Rule 65 20 of the Rules of3670
Superintendence for Common Pleas the Courts of Ohio to represent3671
indigent defendants charged with or convicted of an offense for3672
which the death penalty can be or has been imposed.3673

       Sec. 120.26.  (A)(1) The joint county public defender shall3674
provide legal representation to indigent adults and juveniles who3675
are charged with the commission of an offense or act that is a3676
violation of a state statute and for which the penalty or any3677
possible adjudication includes the potential loss of liberty and3678
in postconviction proceedings as defined in this section.3679

       (2) The joint county public defender may provide legal3680
representation to indigent adults and juveniles charged with the3681
violation of an ordinance of a municipal corporation for which the3682
penalty or any possible adjudication includes the potential loss3683
of liberty, if the joint county public defender commission has3684
contracted with the municipal corporation to provide legal3685
representation for indigent persons charged with a violation of an3686
ordinance of the municipal corporation.3687

       (B) The joint county public defender shall provide the legal3688
representation authorized by division (A) of this section at every3689
stage of the proceedings following arrest, detention, service of3690
summons, or indictment.3691

       (C) The joint county public defender may request the Ohio3692
public defender to prosecute any appeal or other remedy before or3693
after conviction that the joint county public defender decides is3694
in the interests of justice and may provide legal representation3695
in parole and probation revocation matters.3696

       (D) The joint county public defender shall not be required3697
to prosecute any appeal, postconviction remedy, or other3698
proceeding, unless the joint county public defender is first3699
satisfied that there is arguable merit to the proceeding.3700

       (E) Nothing in this section shall prevent a court from3701
appointing counsel other than the joint county public defender or3702
from allowing an indigent person to select the indigent person's3703
own personal counsel to represent the indigent person. A court3704
may also appoint counsel or allow an indigent person to select the3705
indigent person's own personal counsel to assist the joint county3706
public defender as co-counsel when the interests of justice so3707
require.3708

       (F) Information as to the right to legal representation by3709
the joint county public defender or assigned counsel shall be3710
afforded to an accused person immediately upon arrest, when3711
brought before a magistrate, or when formally charged, whichever3712
occurs first.3713

       (G) If a court appoints the office of the joint county3714
public defender to represent a petitioner in a postconviction3715
relief proceeding under section 2953.21 of the Revised Code, the3716
petitioner has received a sentence of death, and the proceeding3717
relates to that sentence, all of the attorneys who represent the3718
petitioner in the proceeding pursuant to the appointment, whether3719
an assistant joint county defender or the joint county public3720
defender, shall be certified under Rule 65 20 of the Rules of3721
Superintendence for Common Pleas the Courts of Ohio to represent3722
indigent defendants charged with or convicted of an offense for3723
which the death penalty can be or has been imposed.3724

       Sec. 120.33.  (A) In lieu of using a county public defender3725
or joint county public defender to represent indigent persons in3726
the proceedings set forth in division (A) of section 120.16 of the3727
Revised Code, the board of county commissioners of any county may3728
adopt a resolution to pay counsel who are either personally3729
selected by the indigent person or appointed by the court. The3730
resolution shall include those provisions the board of county3731
commissioners considers necessary to provide effective3732
representation of indigent persons in any proceeding for which3733
counsel is provided under this section. The resolution shall3734
include provisions for contracts with any municipal corporation3735
under which the municipal corporation shall reimburse the county3736
for counsel appointed to represent indigent persons charged with3737
violations of the ordinances of the municipal corporation.3738

       (1) In a county that adopts a resolution to pay counsel, an3739
indigent person shall have the right to do either of the3740
following:3741

       (a) To select the person's own personal counsel to represent3742
the person in any proceeding included within the provisions of the3743
resolution;3744

       (b) To request the court to appoint counsel to represent the3745
person in such a proceeding.3746

       (2) The court having jurisdiction over the proceeding in a3747
county that adopts a resolution to pay counsel shall, after3748
determining that the person is indigent and entitled to legal3749
representation under this section, do either of the following:3750

       (a) By signed journal entry recorded on its docket, enter3751
the name of the lawyer selected by the indigent person as counsel3752
of record;3753

       (b) Appoint counsel for the indigent person if the person3754
has requested the court to appoint counsel and, by signed journal3755
entry recorded on its dockets, enter the name of the lawyer3756
appointed for the indigent person as counsel of record.3757

       (3) The board of county commissioners shall establish a3758
schedule of fees by case or on an hourly basis to be paid to3759
counsel for legal services provided pursuant to a resolution3760
adopted under this section. Prior to establishing the schedule,3761
the board of county commissioners shall request the bar3762
association or associations of the county to submit a proposed3763
schedule. The schedule submitted shall be subject to the review,3764
amendment, and approval of the board of county commissioners.3765

       (4) Counsel selected by the indigent person or appointed by3766
the court at the request of an indigent person in a county that3767
adopts a resolution to pay counsel, except for counsel appointed3768
to represent a person charged with any violation of an ordinance3769
of a municipal corporation that has not contracted with the county3770
commissioners for the payment of appointed counsel, shall be paid3771
by the county and shall receive the compensation and expenses the3772
court approves. Each request for payment shall be accompanied by3773
a financial disclosure form and an affidavit of indigency that are3774
completed by the indigent person on forms prescribed by the state3775
public defender. Compensation and expenses shall not exceed the3776
amounts fixed by the board of county commissioners in the schedule3777
adopted pursuant to division (A)(3) of this section. No court3778
shall approve compensation and expenses that exceed the amount3779
fixed pursuant to division (A)(3) of this section.3780

       The fees and expenses approved by the court shall not be3781
taxed as part of the costs and shall be paid by the county.3782
However, if the person represented has, or may reasonably be3783
expected to have, the means to meet some part of the cost of the3784
services rendered to the person, the person shall pay the county3785
an amount that the person reasonably can be expected to pay. 3786
Pursuant to section 120.04 of the Revised Code, the county shall3787
pay to the state public defender a percentage of the payment3788
received from the person in an amount proportionate to the3789
percentage of the costs of the person's case that were paid to the3790
county by the state public defender pursuant to this section. The3791
money paid to the state public defender shall be credited to the3792
client payment fund created pursuant to division (B)(5) of section3793
120.04 of the Revised Code.3794

       The county auditor shall draw a warrant on the county3795
treasurer for the payment of counsel in the amount fixed by the3796
court, plus the expenses the court fixes and certifies to the3797
auditor. The county auditor shall report periodically, but not3798
less than annually, to the board of county commissioners and to3799
the Ohio public defender commission the amounts paid out pursuant3800
to the approval of the court. The board of county commissioners,3801
after review and approval of the auditor's report, may then3802
certify it to the state public defender for reimbursement. If a3803
request for reimbursement is not accompanied by a financial3804
disclosure form and an affidavit of indigency completed by the3805
indigent person on forms prescribed by the state public defender,3806
the state public defender shall not pay the requested3807
reimbursement. If a request for the reimbursement of the cost of3808
counsel in any case is not received by the state public defender3809
within ninety days after the end of the calendar month in which3810
the case is finally disposed of by the court, unless the county3811
has requested and the state public defender has granted an3812
extension of the ninety-day limit, the state public defender shall3813
not pay the requested reimbursement. The state public defender3814
shall also review the report and, in accordance with the3815
standards, guidelines, and maximums established pursuant to3816
divisions (B)(7) and (8) of section 120.04 of the Revised Code,3817
prepare a voucher for fifty per cent of the total cost of each3818
county appointed counsel system in the period of time covered by3819
the certified report and a voucher for fifty per cent of the costs3820
and expenses that are reimbursable under section 120.35 of the3821
Revised Code, if any, or, if the amount of money appropriated by3822
the general assembly to reimburse counties for the operation of3823
county public defender offices, joint county public defender3824
offices, and county appointed counsel systems is not sufficient to3825
pay fifty per cent of the total cost of all of the offices and3826
systems other than costs and expenses that are reimbursable under3827
section 120.35 of the Revised Code, for the lesser amount required3828
by section 120.34 of the Revised Code.3829

       (5) If any county appointed counsel system fails to maintain3830
the standards for the conduct of the system established by the3831
rules of the Ohio public defender commission pursuant to divisions3832
(B) and (C) of section 120.03 or the standards established by the3833
state public defender pursuant to division (B)(7) of section3834
120.04 of the Revised Code, the Ohio public defender commission3835
shall notify the board of county commissioners of the county that3836
the county appointed counsel system has failed to comply with its3837
rules or the standards of the state public defender. Unless the3838
board of county commissioners corrects the conduct of its3839
appointed counsel system to comply with the rules and standards3840
within ninety days after the date of the notice, the state public3841
defender may deny all or part of the county's reimbursement from3842
the state provided for in division (A)(4) of this section.3843

       (B) In lieu of using a county public defender or joint3844
county public defender to represent indigent persons in the3845
proceedings set forth in division (A) of section 120.16 of the3846
Revised Code, and in lieu of adopting the resolution and following3847
the procedure described in division (A) of this section, the board3848
of county commissioners of any county may contract with the state3849
public defender for the state public defender's legal3850
representation of indigent persons. A contract entered into3851
pursuant to this division may provide for payment for the services3852
provided on a per case, hourly, or fixed contract basis.3853

       (C) If a court appoints an attorney pursuant to this section3854
to represent a petitioner in a postconviction relief proceeding3855
under section 2953.21 of the Revised Code, the petitioner has3856
received a sentence of death, and the proceeding relates to that3857
sentence, the attorney who represents the petitioner in the3858
proceeding pursuant to the appointment shall be certified under3859
Rule 65 20 of the Rules of Superintendence for Common Pleas the3860
Courts of Ohio to represent indigent defendants charged with or3861
convicted of an offense for which the death penalty can be or has3862
been imposed.3863

       Sec. 121.04.  Offices are created within the several3864
departments as follows:3865

       In the department of commerce:3866

Commissioner of securities; 3867
Superintendent of real estate and professional licensing; 3868
Superintendent of financial institutions; 3869
Fire marshal; 3870
Superintendent of labor and worker safety; 3871
Beginning on July 1, 1997, 3872
Superintendent of liquor control; 3873
Superintendent of industrial compliance. 3874

       In the department of administrative services:3875

State architect and engineer; 3876
Equal employment opportunity coordinator. 3877

       In the department of agriculture:3878

       Chiefs of divisions as follows:3879

Administration; 3880
Animal industry; 3881
Dairy; 3882
Food safety; 3883
Plant industry; 3884
Markets; 3885
Meat inspection; 3886
Consumer analytical laboratory; 3887
Amusement ride safety; 3888
Enforcement; 3889
Weights and measures. 3890

       In the department of natural resources:3891

       Chiefs of divisions as follows:3892

Water; 3893
Mineral resources management; 3894
Forestry; 3895
Natural areas and preserves; 3896
Wildlife; 3897
Geological survey; 3898
Parks and recreation; 3899
Watercraft; 3900
Recycling and litter prevention; 3901
Civilian conservation; 3902
Soil and water conservation; 3903
Real estate and land management; 3904
Engineering. 3905

       In the department of insurance:3906

Deputy superintendent of insurance; 3907
Assistant superintendent of insurance, technical; 3908
Assistant superintendent of insurance, administrative; 3909
Assistant superintendent of insurance, research. 3910

       Sec. 121.371.  There is hereby created the wellness block3911
grant program. The Ohio family and children first cabinet council3912
shall oversee the program, and the children's trust fund board,3913
created by section 3109.15 of the Revised Code, shall serve as the3914
program's administrative agent. The board and the cabinet council3915
and shall establish guidelines and objectives for operating the3916
wellness block grant program. A representative of the family and3917
children first cabinet council and the chairperson of the3918
children's trust fund board shall resolve any disagreements3919
concerning the duties of the council and the board under this3920
section The department of job and family services shall serve as3921
the program's administrative agent.3922

       The children's trust fund board may accept gifts, donations,3923
grants, or other moneys for the wellness block grant program from3924
any source. The board shall use the funds received to make block3925
grants to county family and children first councils. The amount3926
of funds for the wellness program to be granted allocated to each3927
county council department of job and family services shall be3928
determined by the board and the cabinet council. To cover3929
administrative expenses, the board may use in each state fiscal3930
year an amount not to exceed one per cent of the total amount3931
available for the program in that year.3932

       County councils departments of job and family services shall3933
use the funds they receive through allocated for the wellness3934
block grants program to fund community-based programs of3935
prevention services that address issues of broad social concern,3936
as determined by the cabinet council and the board, and to fund3937
state-directed training, evaluation, and education programs3938
pertaining to the issues being addressed. Each county council3939
shall submit to the board a program and fiscal plan that outlines3940
its proposal for expenditure of its block grant and shall, after3941
consulting with the board of county commissioners, designate a3942
fiscal agent to receive the block grant.3943

       As requested by the board on behalf of the cabinet council,3944
each county council shall submit program and fiscal accountings3945
regarding the use of its block grant. The board and the cabinet3946
council shall establish criteria for assessing a county council's3947
department's progress in achieving the goals objectives of the3948
wellness block grant program. If a county council department of3949
job and family services does not operate in accordance with the3950
program guidelines and criteria established by the board and the3951
cabinet council, the board and the cabinet council may revise the3952
allocation of funds that the county council department of job and3953
family services receives.3954

       The board shall prepare an annual report detailing the3955
results of the program. The report shall be submitted to the3956
governor, the president and minority leader of the senate, and the3957
speaker and minority leader of the house of representatives.3958

       Sec. 121.40.  (A) There is hereby created the governor's3959
Ohio community service council consisting of twenty-one members3960
including the superintendent of public instruction or the3961
superintendent's designee, the chancellor of the Ohio board of3962
regents or the chancellor's designee, the director of natural3963
resources or the director's designee, the director of youth3964
services or the director's designee, the director of aging or the3965
director's designee, the director of job and family services or3966
the director's designee, the chairperson of the committee of the3967
house of representatives dealing with education or the3968
chairperson's designee, the chairperson of the committee of the3969
senate dealing with education or the chairperson's designee, and3970
thirteen members who shall be appointed by the governor with the3971
advice and consent of the senate and who shall serve terms of3972
office of three years. The appointees shall include educators,3973
including teachers and administrators; representatives of youth3974
organizations; students and parents; representatives of3975
organizations engaged in volunteer program development and3976
management throughout the state, including youth and conservation3977
programs; and representatives of business, government, nonprofit3978
organizations, social service agencies, veterans organizations,3979
religious organizations, or philanthropies that support or3980
encourage volunteerism within the state. Members of the council3981
shall receive no compensation, but shall be reimbursed for actual3982
and necessary expenses incurred in the performance of their3983
official duties.3984

       (B) The council shall appoint an executive director for the3985
council, who shall be in the unclassified civil service. The3986
executive director shall supervise the council's activities and3987
report to the council on the progress of those activities. The3988
executive director shall do all things necessary for the efficient3989
and effective implementation of the duties of the council.3990

       The responsibilities assigned to the executive director do3991
not relieve the members of the council from final responsibility3992
for the proper performance of the requirements of this division3993
section.3994

       (C) The council or its designee shall do all of the3995
following:3996

       (1) Employ, promote, supervise, and remove all employees as3997
needed in connection with the performance of its duties under this3998
section and may assign duties to those employees as necessary to3999
achieve the most efficient performance of its functions, and to4000
that end may establish, change, or abolish positions, and assign4001
and reassign duties and responsibilities of any employee of the4002
council. Personnel employed by the council who are subject to4003
Chapter 4117. of the Revised Code shall retain all of their rights4004
and benefits conferred pursuant to that chapter. Nothing in this4005
chapter shall be construed as eliminating or interfering with4006
Chapter 4117. of the Revised Code or the rights and benefits4007
conferred under that chapter to public employees or to any4008
bargaining unit.4009

       (2) Maintain its office in Columbus, and may hold sessions4010
at any place within the state;4011

       (3) Acquire facilities, equipment, and supplies necessary to4012
house the council, its employees, and files and records under its4013
control, and to discharge any duty imposed upon it by law. The4014
expense of these acquisitions shall be audited and paid for in the4015
same manner as other state expenses. For that purpose, the4016
council shall prepare and submit to the office of budget and4017
management a budget for each biennium according to sections4018
101.532 and 107.03 of the Revised Code. The budget submitted4019
shall cover the costs of the council and its staff in the4020
discharge of any duty imposed upon the council by law. The4021
council shall not delegate any authority to obligate funds.4022

       (4) Pay its own payroll and other operating expenses from4023
line items designated by the general assembly;4024

       (5) Retain its fiduciary responsibility as appointing4025
authority. Any transaction instructions shall be certified by the4026
appointing authority or its designee.4027

       (6) Establish the overall policy and management of the4028
council in accordance with this chapter;4029

       (7) Assist in coordinating and preparing the state4030
application for funds under sections 101 to 184 of the "National4031
and Community Service Act of 1990," 104 Stat. 3127 (1990), 424032
U.S.C.A. 12411 to 12544, and amendments thereto as amended, assist4033
in administering and overseeing the "National and Community4034
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the4035
americorps program in this state, and assist in developing4036
objectives for a comprehensive strategy to encourage and expand4037
community service programs throughout the state;4038

       (8) Assist the state board of education, school districts,4039
the board of regents, and institutions of higher education in4040
coordinating community service education programs through4041
cooperative efforts between institutions and organizations in the4042
public and private sectors;4043

       (9) Assist the departments of natural resources, youth4044
services, aging, and job and family services in coordinating4045
community service programs through cooperative efforts between4046
institutions and organizations in the public and private sectors;4047

       (10) Suggest individuals and organizations that are4048
available to assist school districts, institutions of higher4049
education, and the departments of natural resources, youth4050
services, aging, and job and family services in the establishment4051
of community service programs and assist in investigating sources4052
of funding for implementing such these programs;4053

       (11) Assist in evaluating the state's efforts in providing4054
community service programs using standards and methods that are4055
consistent with any statewide objectives for such these programs4056
and provide information to the state board of education, school4057
districts, the board of regents, institutions of higher education,4058
and the departments of natural resources, youth services, aging,4059
and job and family services to guide them in making decisions4060
about these programs;4061

       (12) Assist the state board of education in complying with4062
section 3301.70 of the Revised Code and the board of regents in4063
complying with division (B)(2) of section 3333.043 of the Revised4064
Code.4065

       (D) The department of aging shall serve as the council's4066
fiscal agent. Beginning on July 1, 1997, whenever reference is4067
made in any law, contract, or document to the functions of the4068
department of youth services as fiscal agent to the council, the4069
reference shall be deemed to refer to the department of aging. The4070
department of aging shall have no responsibility for or obligation4071
to the council prior to July 1, 1997. Any validation, cure,4072
right, privilege, remedy, obligation, or liability shall be4073
retained by the council.4074

       As used in this section, "fiscal agent" means technical4075
support and includes the following technical support services:4076

       (1) Preparing and processing payroll and other personnel4077
documents that the council executes as the appointing authority.4078
The department of aging shall not approve any payroll or other4079
personnel-related documents.4080

       (2) Maintaining ledgers of accounts and reports of account4081
balances, and monitoring budgets and allotment plans in4082
consultation with the council. The department shall not approve4083
any biennial budget, grant, expenditure, audit, or fiscal-related4084
document.4085

       (3) Performing other routine support services that the4086
director of aging or the director's designee and the council or4087
its designee consider appropriate to achieve efficiency.4088

       (E) The council or its designee has the following authority4089
and responsibility relative to fiscal matters:4090

       (1) Sole authority to draw funds for any and all federal4091
programs in which the council is authorized to participate;4092

       (2) Sole authority to expend funds from their accounts for4093
programs and any other necessary expenses the council may incur4094
and its subgrantees may incur;4095

       (3) Responsibility to cooperate with and inform the4096
department of aging as fiscal agent to ensure that the department4097
is fully apprised of all financial transactions.4098

       The council shall follow all state procurement requirements.4099

       The department of aging shall determine fees to be charged to4100
the council, which shall be in proportion to the services4101
performed for the council.4102

       The council shall pay fees owed to the department of aging4103
from a general revenue fund of the council or from any other fund4104
from which the operating expenses of the council are paid. Any4105
amounts set aside for a fiscal year for the payment of such these4106
fees shall be used only for the services performed for the council4107
by the department of aging in that fiscal year.4108

       Sec. 121.63.  (A) Each executive agency lobbyist and each4109
employer shall file with the joint legislative ethics committee,4110
with the updated registration statement required by division (B)4111
of section 121.62 of the Revised Code, a statement of expenditures4112
as specified in divisions (B) and (C) of this section. An4113
executive agency lobbyist shall file a separate statement of4114
expenditures under this section for each employer that engages him4115
the executive agency lobbyist.4116

       (B)(1) In addition to the information required by divisions4117
(B)(2) and (3) of this section, a statement filed by an executive4118
agency lobbyist shall show the total amount of expenditures made4119
during the reporting period covered by the statement by the4120
executive agency lobbyist.4121

       (2) If, during a reporting period covered by a statement, an4122
employer or any executive agency lobbyist he the employer engaged4123
made, either separately or in combination with each other,4124
expenditures to, at the request of, for the benefit of, or on4125
behalf of a particular elected executive official, the director of4126
a department created under section 121.02 of the Revised Code, a4127
particular executive agency official, or a particular member of4128
the staff of any public officer listed in division (B)(2) of this4129
section, the employer or executive agency lobbyist also shall4130
state the name of the public officer or employee to whom, at whose4131
request, for whose benefit, or on whose behalf the expenditures4132
were made, the total amount of the expenditures made, a brief4133
description of the expenditures made, the approximate date the4134
expenditures were made, the executive agency decision, if any,4135
sought to be influenced, and the identity of the client on whose4136
behalf the expenditure was made.4137

       As used in division (B)(2) of this section, "expenditures"4138
does not include expenditures made by an executive agency lobbyist4139
as payment for meals and other food and beverages.4140

       (3) If, during a reporting period covered by a statement, an4141
executive agency lobbyist made expenditures as payment for meals4142
and other food and beverages, other than for meals and other food4143
and beverages provided at a meeting at which the person4144
participated in a panel, seminar, or speaking engagement or at a4145
meeting or convention of a national organization to which either4146
house of the general assembly, any legislative agency, or any4147
other state agency or any state institution of higher education as4148
defined in section 3345.031 of the Revised Code pays membership4149
dues, that, when added to the amount of previous payments made for4150
meals and other food and beverages by that executive agency4151
lobbyist during that same calendar year, exceeded a total of fifty4152
dollars to, at the request of, for the benefit of, or on behalf of4153
a particular elected executive official, the director of a4154
department created under section 121.02 of the Revised Code, a4155
particular executive agency official, or any particular member of4156
the staff of any of the public officers or employees listed in4157
division (B)(3) of this section, then the executive agency4158
lobbyist shall also state regarding those expenditures the name of4159
the public officer or employee to whom, at whose request, for4160
whose benefit, or on whose behalf the expenditures were made, the4161
total amount of the expenditures made, a brief description of the4162
expenditures made, the approximate date the expenditures were4163
made, the executive agency decision, if any, sought to be4164
influenced, and the identity of the client on whose behalf the4165
expenditure was made.4166

       (C) In addition to the information required by divisions4167
(B)(2) and (3) of this section, a statement filed by an employer4168
shall show the total amount of expenditures made by the employer4169
filing the statement during the period covered by the statement.4170
As used in this section, "expenditures" does not include the4171
expenses of maintaining office facilities, or the compensation4172
paid to executive agency lobbyists engaged to influence executive4173
agency decisions or conduct executive agency lobbying activity.4174

       No employer shall be required to show any expenditure on a4175
statement filed under this division if the expenditure is reported4176
on a statement filed under division (B)(1), (2), or (3) of this4177
section by an executive agency lobbyist engaged by the employer.4178

       (D) Any statement required to be filed under this section4179
shall be filed at the times specified in section 121.62 of the4180
Revised Code. Each statement shall cover expenditures made during4181
the four-calendar-month period that ended on the last day of the4182
month immediately preceding the month in which the statement is4183
required to be filed.4184

       (E) If it is impractical or impossible for an executive4185
agency lobbyist or employer to determine exact dollar amounts or4186
values of expenditures, reporting of good faith estimates, based4187
on reasonable accounting procedures, constitutes compliance with4188
this division.4189

       (F) Executive agency lobbyists and employers shall retain4190
receipts or maintain records for all expenditures that are4191
required to be reported pursuant to this section. These receipts4192
or records shall be maintained for a period ending on the4193
thirty-first day of December of the second calendar year after the4194
year in which the expenditure was made.4195

       (G)(1) At least ten days before the date on which the4196
statement is filed, each employer or executive agency lobbyist who4197
is required to file an expenditure statement under division (B)(2)4198
or (3) of this section shall deliver a copy of the statement, or4199
the portion showing the expenditure, to the public officer or4200
employee who is listed in the statement as having received the4201
expenditure or on whose behalf it was made.4202

       (2) If, during a reporting period covered by an expenditure4203
statement filed under division (B)(2) of this section, an employer4204
or any executive agency lobbyist he the employer engaged made,4205
either separately or in combination with each other, either4206
directly or indirectly, expenditures for an honorarium or for4207
transportation, lodging, or food and beverages purchased for4208
consumption on the premises in which the food and beverages were4209
sold to, at the request of, for the benefit or, or on behalf of4210
any of the public officers or employees described in division4211
(B)(2) of this section, the employer or executive agency lobbyist4212
shall deliver to the public officer or employee a statement that4213
contains all of the nondisputed information prescribed in division4214
(B)(2) of this section with respect to the expenditures described4215
in division (G)(2) of this section. The statement of expenditures4216
made under division (G)(2) of this section shall be delivered to4217
the public officer or employee to whom, at whose request, for4218
whose benefit, or on whose behalf those expenditures were made on4219
the same day in which a copy of the expenditure statement or of a4220
portion showing the expenditure is delivered to the public officer4221
or employee under division (G)(1) of this section. An employer is4222
not required to show any expenditure on a statement delivered4223
under division (G)(2) of this section if the expenditure is shown4224
on a statement delivered under division (G)(2) of this section by4225
a legislative agent engaged by the employer.4226

       Sec. 122.011.  (A) The department of development shall4227
develop and promote plans and programs designed to assure that4228
state resources are efficiently used, economic growth is properly4229
balanced, community growth is developed in an orderly manner, and4230
local governments are coordinated with each other and the state,4231
and for such purposes may do all of the following:4232

       (1) Serve as a clearinghouse for information, data, and4233
other materials that may be helpful or necessary to persons or4234
local governments, as provided in section 122.07 of the Revised4235
Code;4236

       (2) Prepare and activate plans for the retention,4237
development, expansion, and use of the resources and commerce of4238
the state, as provided in section 122.04 of the Revised Code;4239

       (3) Assist and cooperate with federal, state, and local4240
governments and agencies of federal, state, and local governments4241
in the coordination of programs to carry out the functions and4242
duties of the department;4243

       (4) Encourage and foster research and development4244
activities, conduct studies related to the solution of community4245
problems, and develop recommendations for administrative or4246
legislative actions, as provided in section 122.03 of the Revised4247
Code;4248

       (5) Serve as the economic and community development planning4249
agency, which shall prepare and recommend plans and programs for4250
the orderly growth and development of this state and which shall4251
provide planning assistance, as provided in section 122.06 of the4252
Revised Code;4253

       (6) Cooperate with and provide technical assistance to state4254
departments, political subdivisions, regional and local planning4255
commissions, tourist associations, councils of government,4256
community development groups, community action agencies, and other4257
appropriate organizations for carrying out the functions and4258
duties of the department or for the solution of community4259
problems;4260

       (7) Coordinate the activities of state agencies that have an4261
impact on carrying out the functions and duties of the department;4262

       (8) Encourage and assist the efforts of and cooperate with4263
local governments to develop mutual and cooperative solutions to4264
their common problems that relate to carrying out the purposes of4265
this section;4266

       (9) Study existing structure, operations, and financing of4267
regional or local government and those state activities that4268
involve significant relations with regional or local governmental4269
units, recommend to the governor and to the general assembly such4270
changes in these provisions and activities as will improve the4271
operations of regional or local government, and conduct other4272
studies of legal provisions that affect problems related to4273
carrying out the purposes of this section;4274

       (10) Appoint, with the approval of the governor, technical4275
and other advisory councils as it considers appropriate, as4276
provided in section 122.09 of the Revised Code;4277

       (11) Create and operate a division of community development4278
to develop and administer programs and activities that are4279
authorized by federal statute or the Revised Code;4280

       (12) Until July 1, 2001, review, analyze, and summarize4281
applications and information regarding the family farm loan4282
program forwarded to the department by a financial institution4283
pursuant to section 901.81 of the Revised Code, and forward the4284
applications, information, analyses, and summaries to the director4285
of agriculture;4286

       (13) Until July 1, 2001 2003, establish fees and charges, in4287
consultation with the director of agriculture, for purchasing4288
loans from financial institutions and providing loan guarantees4289
under the family farm loan program created under sections 901.804290
to 901.83 of the Revised Code;4291

       (14)(13) Provide loan servicing for the loans purchased and4292
loan guarantees provided under section 901.80 of the Revised Code4293
as that section existed prior to July 1, 2001 2003;4294

       (15)(14) Until July 1, 2001 2003, and upon approval by the4295
controlling board under division (A)(3) of section 901.82 of the4296
Revised Code of the release of money to be used for purchasing a4297
loan or providing a loan guarantee, request the release of that4298
money in accordance with division (B) of section 166.03 of the4299
Revised Code for use for the purposes of the fund created by4300
section 166.031 of the Revised Code.4301

       (B) The department, by rule, shall establish criteria4302
defining nonprofit corporations that are eligible for appointment4303
as qualified agents pursuant to sections 135.81 to 135.88 of the4304
Revised Code. The criteria shall require that a corporation be4305
organized pursuant to Chapter 1702. of the Revised Code and have4306
as its primary purpose the promotion of economic development or4307
the creation or retention of jobs and job opportunities. The4308
criteria may include a specification as to the professional4309
qualifications of the corporation employees, a minimum elapsed4310
period of time since the corporation was organized, current and4311
former activities of the corporation, and such other criteria4312
reasonably related to the foregoing that relate to the ability of4313
the corporation to act as a qualified agent for the purposes of4314
sections 135.51 135.81 to 135.88 of the Revised Code.4315

       (C) The director of development may request the attorney4316
general to, and the attorney general, in accordance with section4317
109.02 of the Revised Code, shall bring a civil action in any4318
court of competent jurisdiction. The director may be sued in the4319
director's official capacity, in connection with this chapter, in4320
accordance with Chapter 2743. of the Revised Code.4321

       Sec. 122.60.  As used in sections 122.60 to 122.605 of the4322
Revised Code:4323

       (A) "Capital access loan" means a loan made by a4324
participating financial institution to an eligible business that4325
may be secured by a deposit of money from the fund into the4326
participating financial institution's program reserve account.4327

       (B) "Department" means the department of development.4328

       (C) "Eligible business" means a for-profit business entity4329
that had total annual sales in its most recently completed fiscal4330
year of less than ten million dollars and that has a principal4331
place of business within the state, the operation of which, alone4332
or in conjunction with other facilities, will create new jobs or4333
preserve existing jobs and employment opportunities and will4334
improve the economic welfare of the people of the state. As used4335
in this division, "new jobs" does not include existing jobs4336
transferred from another facility within the state, and "existing4337
jobs" means only existing jobs at facilities within the same4338
municipal corporation or township in which the project, activity,4339
or enterprise that is the subject of a capital access loan is4340
located.4341

       (D) "Financial institution" means any bank, trust company,4342
savings bank, or savings and loan association that is chartered by4343
and has a significant presence in the state, or any national bank,4344
federal savings and loan association, or federal savings bank that4345
has a significant presence in the state.4346

       (E) "Fund" means the capital access loan program fund.4347

       (F) "Participating financial institution" means a financial4348
institution that has a valid, current participation agreement with4349
the department.4350

       (G) "Participation agreement" means the agreement between a4351
financial institution and the department under which a financial4352
institution may participate in the program.4353

       (H) "Passive real estate ownership" means the ownership of4354
real estate for the sole purpose of deriving income from it by4355
speculation, trade, or rental.4356

       (I) "Program" means the capital access loan program created4357
under section 122.602 of the Revised Code.4358

       (J) "Program reserve account" means a dedicated account at4359
each participating financial institution that is the property of4360
the state and may be used by the participating financial4361
institution only for the purpose of recovering a claim under4362
section 122.604 of the Revised Code arising from a default on a4363
loan made by the participating financial institution under the4364
program.4365

       Sec. 122.601.  There is hereby created in the state treasury4366
the capital access loan program fund. The fund shall consist of4367
money deposited into it from the facilities establishment fund4368
pursuant to section 166.03 of the Revised Code and all money4369
deposited into it pursuant to section 122.602 of the Revised Code.4370
The total amount of money deposited into the fund from the4371
facilities establishment fund shall not exceed three million4372
dollars during any particular fiscal year of the department.4373

       The department shall disburse money from the capital access4374
loan program fund only to pay the operating costs of the program4375
and only in keeping with the purposes specified in sections 122.604376
to 122.605 of the Revised Code.4377

       Sec. 122.602.  (A) There is hereby created in the department4378
of development the capital access loan program to assist4379
participating financial institutions in making program loans to4380
eligible businesses that face barriers in accessing working4381
capital and obtaining fixed asset financing. In administering the4382
program, the director of development may do any of the following:4383

       (1) Receive and accept grants, gifts, and contributions of4384
money, property, labor, and other things of value to be held,4385
used, and applied only for the purpose for which the grants, gifts4386
and contributions are made, from individuals, private and public4387
corporations, the United States or any agency of the United4388
States, the state or any agency of the state, or any political4389
subdivision of the state; agree to repay any contribution of money4390
or return any property contributed or the value of that property4391
at the times, in the amounts, and on the terms and conditions,4392
excluding the payment of interest, that the director consents to4393
at the time a contribution is made; and evidence obligations by4394
notes, bonds, or other written instruments;4395

       (2) Adopt rules under Chapter 119. of the Revised Code to4396
carry out the purposes of the program specified in sections 122.604397
to 122.605 of the Revised Code;4398

       (3) Engage in all other acts, and enter into contracts and4399
execute all instruments, necessary or appropriate to carry out the4400
purposes specified in sections 122.60 to 122.605 of the Revised4401
Code.4402

       (B) The director shall determine the eligibility of a4403
financial institution to participate in the program and may set a4404
limit on the number of financial institutions that may participate4405
in the program.4406

       (C) To be considered eligible by the director to participate4407
in the program, a financial institution shall enter into a4408
participation agreement with the department that sets out the4409
terms and conditions under which the department will deposit4410
moneys from the fund into the financial institution's program4411
reserve account, specifies the criteria for loan qualification4412
under the program, and contains any additional terms the director4413
considers necessary.4414

       (D) After receiving the certification required under4415
division (C) of section 122.603 of the Revised Code, the director4416
shall disburse moneys from the fund to a participating financial4417
institution for deposit in its program reserve account if the4418
director determines that the capital access loan involved meets4419
all of the following criteria:4420

       (1) It will be made to an eligible business.4421

       (2) It will be used by the eligible business for a project,4422
activity, or enterprise in the state that fosters economic4423
development.4424

       (3) It will not be made in order to enroll in the program4425
prior debt that is not covered under the program and that is owed4426
or was previously owed by an eligible business to the financial4427
institution.4428

       (4) It will not be utilized for a project or development4429
related to the on-site construction or purchase of residential4430
housing.4431

       (5) It will not be used to finance passive real estate4432
ownership.4433

       (6) It conforms to the requirements of divisions (E), (F),4434
(G), (H), and (I) of this section, and to the rules adopted by the4435
director under division (A)(2) of this section.4436

       (E) The director shall not approve a capital access loan to4437
an eligible business that exceeds two hundred fifty thousand4438
dollars for working capital or five hundred thousand dollars for4439
the purchase of fixed assets. An eligible business may apply for4440
the maximum amount for both working capital and the purchase of4441
fixed assets in the same capital access loan.4442

       (F) A financial institution may apply to the director for4443
the approval of a capital access loan to any business that is4444
owned or operated by a person that has previously defaulted under4445
any state financial assistance program.4446

       (G) Eligible businesses that apply for a capital access loan4447
shall comply with section 9.66 of the Revised Code.4448

       (H) A financial institution may apply to the director for4449
the approval of a capital access loan that refinances a nonprogram4450
loan made by another financial institution.4451

       (I) The director shall not approve a capital access loan4452
that refinances a nonprogram loan made by the same financial4453
institution, unless the amount of the refinanced loan exceeds the4454
existing debt, in which case only the amount exceeding the4455
existing debt is eligible for a loan under the program.4456

       Sec. 122.603.  (A)(1) Upon approval by the director of4457
development and after entering into a participation agreement with4458
the department, a participating financial institution making a4459
capital access loan shall establish a program reserve account. The4460
account shall be an interest-bearing account and shall contain4461
only moneys deposited into it under the program and the interest4462
payable on the moneys in the account.4463

       (2) All interest payable on the moneys in the program4464
reserve account shall be added to the moneys and held as an4465
additional loss reserve. The director may require that a portion4466
or all of the accrued interest so held in the account be released4467
to the department. If the director causes a release of accrued4468
interest, the director shall deposit the released amount into the4469
fund. The director shall not require the release of accrued4470
interest more than twice in a fiscal year.4471

       (B) When a participating financial institution makes a4472
capital access loan, it shall require the eligible business to pay4473
to the participating financial institution a fee in an amount that4474
is not less than one and one-half per cent, and not more than4475
three per cent, of the principal amount of the loan. The4476
participating financial institution shall deposit the fee into its4477
program reserve account, and it also shall deposit into the4478
account an amount of its own funds equal to the amount of the fee.4479
The participating financial institution may recover from the4480
eligible business all or part of the amount that the participating4481
financial institution is required to deposit into the account4482
under this division in any manner agreed to by the participating4483
financial institution and the eligible business.4484

       (C) For each capital access loan made by a participating4485
financial institution, the participating financial institution4486
shall certify to the director, within a period specified by the4487
director, that the participating financial institution has made4488
the loan. The certification shall include the amount of the loan,4489
the amount of the fee received from the eligible business, the4490
amount of its own funds that the participating financial4491
institution deposited into its program reserve account to reflect4492
that fee, and any other information specified by the director.4493

       (D) On receipt of a certification made under division (C) of4494
this section and subject to section 122.602 of the Revised Code,4495
the director shall disburse to the participating financial4496
institution from the fund an amount equal to ten per cent of the4497
principal amount of the particular capital access loan for deposit4498
into the participating financial institution's program reserve4499
account. The disbursement of moneys from the fund to a4500
participating financial institution does not require approval from4501
the controlling board.4502

       (E) If the amount in a program reserve account exceeds an4503
amount equal to thirty-three per cent of a participating financial4504
institution's outstanding capital access loans, the department may4505
cause the withdrawal of the excess amount and the deposit of the4506
withdrawn amount into the fund.4507

       (F)(1) The department may cause the withdrawal of the4508
total amount in a participating financial institution's program4509
reserve account if any of the following applies:4510

       (a) The financial institution is no longer eligible to4511
participate in the program.4512

       (b) The participation agreement expires without renewal by4513
the department or the financial institution.4514

       (c) The financial institution has no outstanding capital4515
access loans.4516

       (d) The financial institution has not made a capital access4517
loan within the preceding twenty-four months.4518

       (2) If the department causes a withdrawal under division4519
(F)(1) of this section, the department shall deposit the withdrawn4520
amount into the fund.4521

       Sec. 122.604.  (A) If a participating financial institution4522
determines that a portion or all of a capital access loan is4523
uncollectible, it may submit a claim to the department for4524
approval of the release of moneys from its program reserve4525
account.4526

       (B) The claim may include the amount of principal plus4527
accrued interest owed. The amount of principal included in the4528
claim may not exceed the principal amount covered by the program.4529
The amount of accrued interest included in the claim may not4530
exceed the accrued interest attributable to the covered principal4531
amount.4532

       (C) The participating financial institution shall determine4533
the timing and amount of delinquency on a capital access loan in a4534
manner consistent with the participating financial institution's4535
normal method for making these determinations on similar4536
nonprogram loans.4537

       (D) If the participating financial institution files two or4538
more claims at the same time or approximately the same time and4539
there are insufficient funds in its program reserve account at4540
that time to cover the entire amount of the claims, the4541
participating financial institution may specify an order of4542
priority in which the department shall approve the release of4543
funds from the account in relation to the claims.4544

       (E) If subsequent to the payment of a claim, a participating4545
financial institution recovers from an eligible business any4546
amount covered by the paid claim, the participating financial4547
institution shall promptly deposit the amount recovered into its4548
program reserve account, less any reasonable expenses incurred.4549

       Sec. 122.605.  Each participating financial institution shall4550
submit an annual report to the department on or before the4551
thirty-first day of March of each year. The report shall include4552
or be accompanied by all of the following:4553

       (A) Information regarding the participating financial4554
institution's outstanding capital access loans, its capital access4555
loan losses, and other related matters that the department4556
considers appropriate;4557

       (B) A statement of the total amount of the participating4558
financial institution's capital access loans for which the4559
department has made disbursements from the fund under the program;4560

       (C) A copy of the participating financial institution's most4561
recent financial statement.4562

       Sec. 122.71.  As used in sections 122.71 to 122.83 of the4563
Revised Code:4564

       (A) "Financial institution" means any banking corporation,4565
trust company, insurance company, savings and loan association,4566
building and loan association, or corporation, partnership,4567
federal lending agency, foundation, or other institution engaged4568
in lending or investing funds for industrial or business purposes.4569

       (B) "Project" means any real or personal property connected4570
with or being a part of an industrial, distribution, commercial,4571
or research facility to be acquired, constructed, reconstructed,4572
enlarged, improved, furnished, or equipped, or any combination4573
thereof, with the aid provided under sections 122.71 to 122.83 of4574
the Revised Code, for industrial, commercial, distribution, and4575
research development of the state.4576

       (C) "Mortgage" means the lien imposed on a project by a4577
mortgage on real property, or by financing statements on personal4578
property, or a combination of a mortgage and financing statements4579
when a project consists of both real and personal property.4580

       (D) "Mortgagor" means the principal user of a project or the4581
person, corporation, partnership, or association unconditionally4582
guaranteeing performance by the principal user of its obligations4583
under the mortgage.4584

       (E)(1) "Minority business enterprise" means an individual who4585
is a United States citizen and owns and controls a business, or a4586
partnership, corporation, or joint venture of any kind that is4587
owned and controlled by United States citizens who, which citizen4588
or citizens are residents of this state or nonresidents of this4589
state who have a significant presence in this state, and who are4590
members of one of the following economically disadvantaged groups:4591
Blacks, American Indians, Hispanics, and Orientals.4592

       (2) "Owned and controlled" means that at least fifty-one per4593
cent of the business, including corporate stock if a corporation,4594
is owned by persons who belong to one or more of the groups set4595
forth in division (E)(1) of this section, and that those owners4596
have control over the management and day-to-day operations of the4597
business and an interest in the capital, assets, and profits and4598
losses of the business proportionate to their percentage of4599
ownership. In order to qualify as a minority business enterprise,4600
a business shall have been owned and controlled by those persons4601
at least one year prior to being awarded a contract pursuant to4602
this section.4603

       (F) "Community improvement corporation" means a corporation4604
organized under Chapter 1724. of the Revised Code.4605

       (G) "Ohio development corporation" means a corporation4606
organized under Chapter 1726. of the Revised Code.4607

       (H) "Minority contractors business assistance organization"4608
means an entity engaged in the provision of management and4609
technical business assistance to minority business enterprise4610
entrepreneurs.4611

       (I) "Minority business supplier development council" means a4612
nonprofit organization established as an affiliate of the national4613
minority supplier development council.4614

       Sec. 122.76.  (A) The director of development, with4615
controlling board approval, may lend funds to minority business4616
enterprises and to community improvement corporations and, Ohio4617
development corporations, minority contractors business assistance4618
organizations, and minority business supplier development4619
councils for the purpose of loaning funds to minority business4620
enterprises and for the purpose of procuring or improving real or4621
personal property, or both, for the establishment, location, or4622
expansion of industrial, distribution, commercial, or research4623
facilities in the state, if the director determines, in the4624
director's sole discretion, that all of the following apply:4625

       (1) The project is economically sound and will benefit the4626
people of the state by increasing opportunities for employment, by4627
strengthening the economy of the state, or expanding minority4628
business enterprises;.4629

       (2) The proposed minority business enterprise borrower is4630
unable to finance the proposed project through ordinary financial4631
channels at comparable terms;.4632

       (3) The value of the project is, or, upon completion4633
thereof, will be, at least equal to the total amount of the money4634
expended in the procurement or improvement of the project, and of4635
which amount one or more financial institutions or other4636
governmental entities have loaned not less than thirty per cent;4637
of that amount.4638

       (4) The amount to be loaned by the director will not exceed4639
sixty per cent of the total amount expended in the procurement or4640
improvement of the project;.4641

       (5) The amount to be loaned by the director will be4642
adequately secured by a first or second mortgage upon the project,4643
or by mortgages, leases, liens, assignments, or pledges on or of4644
other property or contracts as the director requires, and that4645
such mortgage will not be subordinate to any other liens or4646
mortgages except the liens securing loans or investments made by4647
financial institutions referred to in division (A)(3) of this4648
section, and the liens securing loans previously made by any4649
financial institution in connection with the procurement or4650
expansion of all or part of a project.4651

       (B) Any proposed minority business enterprise borrower4652
submitting an application for assistance under this section shall4653
not have defaulted on a previous loan from the director, and no4654
full or limited partner, or major shareholder, or holder of an4655
equity interest of the proposed minority business enterprise4656
borrower shall have defaulted on a loan from the director;.4657

       (C) The proposed minority business enterprise borrower shall4658
demonstrate to the satisfaction of the director that it is able to4659
successfully compete in the private sector if it obtains the4660
necessary financial, technical, or managerial support and that4661
support is available through the director, the minority business4662
development office of the department of development, or other4663
identified and acceptable sources. In determining whether a4664
minority business enterprise borrower will be able to successfully4665
compete, the director may give consideration to such factors as4666
the successful completion of or participation in courses of study,4667
recognized by the board of regents as providing financial,4668
technical, or managerial skills related to the operation of the4669
business, by the economically disadvantaged individual, owner, or4670
partner, and the prior success of the individual, owner, or4671
partner in personal, career, or business activities, as well as to4672
other factors identified by the director.4673

       (D) The director shall not lend funds for the purpose of4674
procuring or improving motor vehicles, power-driven vehicles,4675
office equipment, raw materials, small tools, supplies,4676
inventories, or accounts receivable.4677

       Sec. 122.92.  There is hereby created in the department of4678
development a minority business development division. The4679
division shall do all of the following:4680

       (A) Provide technical, managerial, and counseling services4681
and assistance to minority business enterprises;4682

       (B) Provide procurement and bid packaging assistance to4683
minority business enterprises;4684

       (C) Provide bonding technical assistance to minority4685
business enterprises;4686

       (D) Participate with other state departments and agencies as4687
appropriate in developing specific plans and specific program4688
goals for programs to assist in the establishment and development4689
of minority business enterprises and establish regular performance4690
monitoring and reporting systems to ensure that those goals are4691
being achieved;4692

       (E) Implement state law and policy supporting minority4693
business enterprise development, and assist in the coordination of4694
plans, programs, and operations of state government which affect4695
or may contribute to the establishment, preservation, and4696
strengthening of minority business enterprises;4697

       (F) Assist in the coordination of activities and resources4698
of state agencies and local governments, business and trade4699
associations, universities, foundations, professional4700
organizations, and volunteer and other groups, to promote the4701
growth of minority business enterprises;4702

       (G) Establish a center for the development, collection, and4703
dissemination of information that will be helpful to persons in4704
establishing or expanding minority business enterprises in this4705
state;4706

       (H) Design, implement, and assist in experimental and4707
demonstration projects designed to overcome the special problems4708
of minority business enterprises;4709

       (I) Coordinate reviews of all proposed state training and4710
technical assistance activities in direct support of minority4711
business enterprise programs to ensure consistency with program4712
goals and to preclude duplication of efforts by other state4713
agencies;4714

       (J) Recommend appropriate legislative or executive actions4715
to enhance minority business enterprise opportunities in the4716
state;4717

       (K) Assist minority business enterprises in obtaining4718
governmental or commercial financing for business expansion,4719
establishment of new businesses, or industrial development4720
projects;4721

       (L) Assist minority business enterprises in contract4722
procurement from government and commercial sources;4723

       (M) Establish procedures to identify groups who have been4724
disadvantaged because of racial, cultural, or ethnic circumstances4725
without regard to the individual qualities of the members of the4726
group;4727

       (N) Establish procedures to identify persons who have been4728
economically disadvantaged;4729

       (O) Provide grant assistance to nonprofit entities that4730
promote economic development, development corporations, community4731
improvement corporations, and incubator business entities, if the4732
entities or corporations focus on business, technical, and4733
financial assistance to minority business enterprises to assist4734
the enterprises with fixed asset financing;4735

       (P) Do all acts and things necessary or proper to carry out4736
the powers expressly granted and duties imposed by sections 122.924737
to 122.94 of the Revised Code.4738

       Sec. 124.24.  Notwithstanding sections 124.01 to 124.64 and4739
Chapter 145. of the Revised Code, the examinations of applicants4740
for the positions of deputy mine inspector, superintendent of4741
rescue stations, assistant superintendent of rescue stations,4742
electrical inspectors, gas storage well inspector, and mine4743
chemists in the division of mineral resources management,4744
department of natural resources, as provided in Chapters 1561.,4745
1563., 1565., and 1567. of the Revised Code shall be provided for,4746
conducted, and administered by the mine examining board created by4747
section 1561.10 of the Revised Code chief of the division of4748
mineral resources management.4749

       From the returns of the examinations the mine examining board4750
chief shall prepare eligible lists of the persons whose general4751
average standing upon examinations for such grade or class is not4752
less than the minimum fixed by the rules of the board adopted4753
under section 1561.05 of the Revised Code and who are otherwise4754
eligible. All appointments to a position shall be made from such4755
eligible list in the same manner as appointments are made from4756
eligible lists prepared by the director of administrative4757
services. Any person upon being appointed to fill one of the4758
positions provided for in this section, from any such eligible4759
list, shall have the same standing, rights, privileges, and status4760
as other state employees in the classified service.4761

       Sec. 124.82.  (A) Except as provided in division (D) of this4762
section, the department of administrative services, in4763
consultation with the superintendent of insurance, shall, in4764
accordance with competitive selection procedures of Chapter 125.4765
of the Revised Code, contract with an insurance company or a4766
health plan in combination with an insurance company, authorized4767
to do business in this state, for the issuance of a policy or4768
contract of health, medical, hospital, dental, or surgical4769
benefits, or any combination thereof of those benefits, covering4770
state employees who are paid directly by warrant of the auditor of4771
state, including elected state officials. The department may4772
fulfill its obligation under this division by exercising its4773
authority under division (A)(2) of section 124.81 of the Revised4774
Code.4775

       (B) The department may, in addition, in consultation with4776
the superintendent of insurance, negotiate and contract with4777
health insuring corporations holding a certificate of authority4778
under Chapter 1751. of the Revised Code, in their approved service4779
areas only, for issuance of a contract or contracts of health care4780
services, covering state employees who are paid directly by4781
warrant of the auditor of state, including elected state4782
officials. Except for health insuring corporations, no more than4783
one insurance carrier or health plan shall be contracted with to4784
provide the same plan of benefits, provided that:4785

       (1) The amount of the premium or cost for such coverage4786
contributed by the state, for an individual or for an individual4787
and the individual's family, does not exceed that same amount of4788
the premium or cost contributed by the state under division (A) of4789
this section;4790

       (2) The employee be permitted to exercise the option as to4791
which plan the employee will select under division (A) or (B) of4792
this section, at a time that shall be determined by the4793
department;4794

       (3) The health insuring corporations do not refuse to accept4795
the employee, or the employee and the employee's family, if the4796
employee exercises the option to select care provided by the4797
corporations;4798

       (4) The employee may choose participation in only one of the4799
plans sponsored by the department;4800

       (5) The director of health examines and certifies to the4801
department that the quality and adequacy of care rendered by the4802
health insuring corporations meet at least the standards of care4803
provided by hospitals and physicians in that employee's community,4804
who would be providing such care as would be covered by a contract4805
awarded under division (A) of this section.4806

       (C) All or any portion of the cost, premium, or charge for4807
the coverage in divisions (A) and (B) of this section may be paid4808
in such manner or combination of manners as the department4809
determines and may include the proration of health care costs,4810
premiums, or charges for part-time employees.4811

       (D) Notwithstanding division (A) of this section, the4812
department may provide benefits equivalent to those that may be4813
paid under a policy or contract issued by an insurance company or4814
a health plan pursuant to division (A) of this section.4815

       (E) This section does not prohibit the state office of4816
collective bargaining from entering into an agreement with an4817
employee representative for the purposes of providing fringe4818
benefits, including, but not limited to, hospitalization, surgical4819
care, major medical care, disability, dental care, vision care,4820
medical care, hearing aids, prescription drugs, group life4821
insurance, sickness and accident insurance, group legal services4822
or other benefits, or any combination thereof, to employees paid4823
directly by warrant of the auditor of state through a jointly4824
administered trust fund. The employer's contribution for the cost4825
of the benefit care shall be mutually agreed to in the4826
collectively bargained agreement. The amount, type, and structure4827
of fringe benefits provided under this division is subject to the4828
determination of the board of trustees of the jointly administered4829
trust fund. Notwithstanding any other provision of the Revised4830
Code, competitive bidding does not apply to the purchase of fringe4831
benefits for employees under this division when such benefits are4832
provided through a jointly administered trust fund.4833

       (F) Members of state boards and commissions who are members4834
of the public employees retirement system may be covered by any4835
policy, contract, or plan of benefits or services described in4836
division (A) or (B) of this section if they pay the entire amount4837
of the premiums, costs, or charges for that coverage.4838

       Sec. 125.22.  (A) The department of administrative services4839
shall establish the central service agency to perform routine4840
support for the following boards and commissions:4841

       (1) State board of examiners of architects;4842

       (2) Barber board;4843

       (3) State chiropractic board;4844

       (4) State board of cosmetology;4845

       (5) Accountancy board;4846

       (6) State dental board;4847

       (7) State board of optometry;4848

       (8) Ohio occupational therapy, physical therapy, and4849
athletic trainers board;4850

       (9) State board of registration for professional engineers4851
and surveyors;4852

       (10) State board of sanitarian registration;4853

       (11) Board of embalmers and funeral directors;4854

       (12) State board of psychology;4855

       (13) Ohio optical dispensers board;4856

       (14) Board of speech pathology and audiology;4857

       (15) Counselor and social worker board;4858

       (16) State veterinary medical licensing board;4859

       (17) Ohio board of dietetics;4860

       (18) Commission on Hispanic-Latino affairs;4861

       (19) Ohio respiratory care board;4862

       (20) Ohio commission on African-American males.4863

       (B)(1) Notwithstanding any other section of the Revised4864
Code, the agency shall perform the following routine support4865
services for the boards and commissions named in division (A) of4866
this section unless the controlling board exempts a board or4867
commission from this requirement on the recommendation of the4868
director of administrative services:4869

       (a) Preparing and processing payroll and other personnel4870
documents;4871

       (b) Preparing and processing vouchers, purchase orders,4872
encumbrances, and other accounting documents;4873

       (c) Maintaining ledgers of accounts and balances;4874

       (d) Preparing and monitoring budgets and allotment plans in4875
consultation with the boards and commissions;4876

       (e) Maintaining information required by section 3729.40 of4877
the Revised Code;4878

       (f) Other routine support services that the director of4879
administrative services considers appropriate to achieve4880
efficiency.4881

       (2) The agency may perform other services which a board or4882
commission named in division (A) of this section delegates to the4883
agency and the agency accepts.4884

       (3) The agency may perform any service for any professional4885
or occupational licensing board not named in division (A) of this4886
section or any commission if the board or commission requests such4887
service and the agency accepts.4888

       (C) The director of administrative services shall be the4889
appointing authority for the agency.4890

       (D) The agency shall determine the fees to be charged to the4891
boards and commissions, which shall be in proportion to the4892
services performed for each board or commission.4893

       (E) Each board or commission named in division (A) of this4894
section and any other board or commission requesting services from4895
the agency shall pay these fees to the agency from the general4896
revenue fund maintenance account of the board or commission or4897
from such other fund as the operating expenses of the board or4898
commission are paid. Any amounts set aside for a fiscal year by a4899
board or commission to allow for the payment of fees shall be used4900
only for the services performed by the agency in that fiscal year.4901
All receipts collected by the agency shall be deposited in the4902
state treasury to the credit of the central service agency fund,4903
which is hereby created. All expenses incurred by the agency in4904
performing services for the boards or commissions shall be paid4905
from the fund.4906

       (F) Nothing in this section shall be construed as a grant of4907
authority for the central service agency to initiate or deny4908
personnel or fiscal actions for the boards and commissions.4909

       Sec. 126.11.  (A)(1) The director of budget and management4910
shall, upon consultation with the treasurer of state, coordinate4911
and approve the scheduling of initial sales of publicly offered4912
securities of the state and of publicly offered fractionalized4913
interests in or securitized issues of public obligations of the4914
state. The director shall from time to time develop and4915
distribute to state issuers an approved sale schedule for each of4916
the obligations covered by this division (A) or (B) of this4917
section. This division Division (A) of this section applies only4918
to those obligations on which the state or a state agency is the4919
direct obligor or obligor on any backup security or related credit4920
enhancement facility or source of money subject to state4921
appropriations that is intended for payment of those obligations.4922

       (2) The issuers of obligations pursuant to section 151.03,4923
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code4924
shall submit to the director:4925

       (a) For review and approval: the projected sale date,4926
amount, and type of obligations proposed to be sold; their4927
purpose, security, and source of payment; and the proposed4928
structure and maturity schedule;4929

       (b) For review and comment: the authorizing order or4930
resolution; preliminary and final offering documents; method of4931
sale; preliminary and final pricing information; and any written4932
reports or recommendations of financial advisors or consultants4933
relating to those obligations;4934

       (c) Promptly after each sale of those obligations: final4935
terms, including sale price, maturity schedule and yields, and4936
sources and uses; names of the original purchasers or4937
underwriters; a copy of the final offering document and of the4938
transcript of proceedings; and any other pertinent information4939
requested by the director.4940

       (3) The issuer of obligations pursuant to section 151.06 or4941
151.08 or Chapter 154. or 3318. of the Revised Code shall submit4942
to the director:4943

       (a) For review and mutual agreement: the projected sale4944
date, amount, and type of obligations proposed to be sold; their4945
purpose, security, and source of payment; and the proposed4946
structure and maturity schedule;4947

       (b) For review and comment: the authorizing order or4948
resolution; preliminary and final offering documents; method of4949
sale; preliminary and final pricing information; and any written4950
reports or recommendations of financial advisors or consultants4951
relating to those obligations;4952

       (c) Promptly after each sale of those obligations: final4953
terms, including sale price, maturity schedule and yields, and4954
sources and uses; names of the original purchasers or4955
underwriters; a copy of the final offering document and of the4956
transcript of proceedings; and any other pertinent information4957
requested by the director.4958

       (4) The issuers of obligations pursuant to Chapter 166.,4959
4981., 5540., or 6121., or section 5531.10, of the Revised Code4960
shall submit to the director:4961

       (a) For review and comment: the projected sale date, amount,4962
and type of obligations proposed to be sold; the purpose,4963
security, and source of payment; and preliminary and final4964
offering documents;4965

       (b) Promptly after each sale of those obligations: final4966
terms, including a maturity schedule; names of the original4967
purchasers or underwriters; a copy of the complete continuing4968
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent4969
rule as from time to time in effect; and any other pertinent4970
information requested by the director.4971

       (5) Not later than thirty days after the end of a fiscal4972
year, each issuer of obligations subject to divisions (A) and (B)4973
of this section shall submit to the director and to the treasurer4974
of state a sale plan for the then current fiscal year for each4975
type of obligation, projecting the amount and term of each4976
issuance, the method of sale, and the month of sale.4977

       (B) Issuers of obligations pursuant to section 3318.085 or4978
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,4979
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of4980
securities issued pursuant to Chapter 165. of the Revised Code4981
other than a county or municipal corporation, shall submit to the4982
director copies of the preliminary and final offering documents4983
upon their availability if not previously submitted pursuant to4984
division (A) of this section.4985

       (C) Not later than the first day of January of each year,4986
every state agency obligated to make payments on outstanding4987
public obligations with respect to which fractionalized interests4988
have been publicly issued, such as certificates of participation,4989
shall submit a report to the director of the amounts payable from4990
state appropriations under those public obligations during the4991
then current and next two fiscal years, identifying the4992
appropriation or intended appropriation from which payment is4993
expected to be made.4994

       (D)(1) Information relating generally to the historic,4995
current, or future demographics or economy or financial condition4996
or funds or general operations of the state, and descriptions of4997
any state contractual obligations relating to public obligations,4998
to be contained in any offering document, continuing disclosure4999
document, or written presentation prepared, approved, or provided,5000
or committed to be provided, by an issuer in connection with the5001
original issuance and sale of, or rating, remarketing, or credit5002
enhancement facilities relating to, public obligations referred to5003
in division (A) of this section shall be approved as to format and5004
accuracy by the director before being presented, published, or5005
disseminated in preliminary, draft, or final form, or publicly5006
filed in paper, electronic, or other format.5007

       (2) Except for information described in division (D)(1) of5008
this section that is to be contained in an offering document,5009
continuing disclosure document, or written presentation, division5010
(D)(1) of this section does not inhibit direct communication5011
between an issuer and a rating agency, remarketing agent, or5012
credit enhancement provider concerning an issuance of public5013
obligations referred to in division (A) of this section or matters5014
associated with that issuance.5015

       (3) The materials approved and provided pursuant to division5016
(D) of this section are the information relating to the particular5017
subjects provided by the state or state agencies that are required5018
or contemplated by any applicable state or federal securities laws5019
and any commitments by the state or state agencies made under5020
those laws. Reliance for the purpose should not be placed on any5021
other information publicly provided, in any format including5022
electronic, by any state agency for other purposes, including5023
general information provided to the public or to portions of the5024
public. A statement to that effect shall be included in those5025
materials so approved or provided.5026

       (E) Issuers of obligations referred to in division (A) of5027
this section may take steps, by formal agreement, covenants in the5028
proceedings, or otherwise, as may be necessary or appropriate to5029
comply or permit compliance with applicable lawful disclosure5030
requirements relating to those obligations, and may, subject to5031
division (D) of this section, provide, make available, or file5032
copies of any required disclosure materials as necessary or5033
appropriate. Any such formal agreement or covenant relating to5034
subjects referred to in division (D) of this section, and any5035
description of that agreement or covenant to be contained in any5036
offering document, shall be approved by the director before being5037
entered into or published or publicly disseminated in preliminary,5038
draft, or final form or publicly filed in paper, electronic, or5039
other format. The director shall be responsible for making all5040
filings in compliance with those requirements relating to direct5041
obligations of the state, including fractionalized interests in5042
those obligations.5043

       (F) No state agency or official shall, without the approval5044
of the director of budget and management, do either of the5045
following:5046

       (1) Enter into or commit to enter into a public obligation5047
under which fractionalized interests in the payments are to be5048
publicly offered, which payments are anticipated to be made from5049
money from any source appropriated or to be appropriated by the5050
general assembly or in which the provision stated in section 9.945051
of the Revised Code is not included;5052

       (2) Except as otherwise expressly authorized for the purpose5053
by law, agree or commit to provide, from money from any source to5054
be appropriated in the future by the general assembly, financial5055
assistance to or participation in the costs of capital facilities,5056
or the payment of debt charges, directly or by way of a credit5057
enhancement facility, a reserve, rental payments, or otherwise, on5058
obligations issued to pay costs of capital facilities.5059

       (G) As used in this section, "credit enhancement5060
facilities," "debt charges," "fractionalized interests in public5061
obligations," "obligor," "public issuer," and "securities" have5062
the same meanings as in section 133.01 of the Revised Code;5063
"public obligation" has the same meaning as in division (GG)(2) of5064
section 133.01 of the Revised Code; "obligations" means securities5065
or public obligations or fractionalized interests in them;5066
"issuers" means issuers of securities or state obligors on public5067
obligations; "offering document" means an official statement,5068
offering circular, private placement memorandum, or prospectus, or5069
similar document; and "director" means the director of budget and5070
management or the employee of the office of budget and management5071
designated by the director for the purpose.5072

       Sec. 126.21.  (A) The director of budget and management5073
shall do all of the following:5074

       (1) Keep all necessary accounting records;5075

       (2) Prescribe and maintain the accounting system of the5076
state and establish appropriate accounting procedures and charts5077
of accounts;5078

       (3) Establish procedures for the use of written, electronic,5079
optical, or other communications media for approving payment5080
vouchers;5081

       (4) Reconcile, in the case of any variation between the5082
amount of any appropriation and the aggregate amount of items of5083
the appropriation, with the advice and assistance of the state5084
agency affected by it and the legislative budget office of the5085
legislative service commission, totals so as to correspond in the5086
aggregate with the total appropriation. In the case of a conflict5087
between the item and the total of which it is a part, the item5088
shall be considered the intended appropriation.5089

       (5) Evaluate on an ongoing basis and, if necessary,5090
recommend improvements to the internal controls used in state5091
agencies;5092

       (6) Authorize the establishment of petty cash accounts. The5093
director of budget and management may withdraw approval for any5094
petty cash account and require the officer in charge to return to5095
the state treasury any unexpended balance shown by the officer's5096
accounts to be on hand. Any officer who is issued a warrant for5097
petty cash shall render a detailed account of the expenditures of5098
the petty cash and shall report when requested the balance of5099
petty cash on hand at any time.5100

       (7) Process orders, invoices, vouchers, claims, and payrolls5101
and prepare financial reports and statements;5102

       (8) Perform extensions, reviews, and compliance checks prior5103
to approving a payment as the director considers necessary;5104

       (9) Issue the official comprehensive annual financial report5105
of the state. The report shall cover all funds and account groups5106
of the state reporting entity and shall include general purpose5107
basic financial statements and required supplementary information5108
prepared in accordance with generally accepted accounting5109
principles and other information as the director provides. All5110
state agencies, authorities, institutions, offices, retirement5111
systems, and other component units of the state reporting entity5112
as determined by the director shall furnish the director whatever5113
financial statements and other information the director requests5114
for the report, in the form, at the times, covering the periods,5115
and with the attestation the director prescribes. The information5116
for state institutions of higher education, as defined in section5117
3345.011 of the Revised Code, shall be submitted to the director5118
by the Ohio board of regents. The board shall establish a due5119
date by which each such institution shall submit the information5120
to the board, but no such date shall be later than one hundred5121
twenty days after the end of the state fiscal year unless a later5122
date is approved by the director.5123

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       (B) In addition to the director's duties under division (A)5124
of this section, the director of budget and management may5125
establish and administer one or more state payment card programs5126
that permit or require state agencies to use a payment card to5127
purchase equipment, materials, supplies, or services in accordance5128
with guidelines issued by the director. The director may contract5129
with one or more vendors to provide the payment cards and payment5130