As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 530


Representative Calvert 



A BILL
To amend sections 9.41, 9.901, 101.543, 107.40, 1
109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 2
117.46, 117.47, 117.48, 120.36, 120.52, 120.521, 3
120.53, 121.04, 121.11, 121.37, 122.17, 122.171, 4
122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 5
124.137, 124.138, 124.139, 124.14, 124.151, 6
124.152, 124.18, 124.181, 124.182, 124.321, 7
124.327, 124.382, 124.384, 124.387, 124.389, 8
124.391, 124.82, 124.821, 124.822, 124.823, 9
124.84, 125.21, 126.07, 126.21, 126.22, 131.01, 10
131.02, 131.33, 133.01, 133.04, 133.06, 133.18, 11
141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 12
173.41, 184.20, 307.76, 319.301, 340.021, 742.57, 13
901.23, 955.011, 955.16, 955.43, 1317.07, 1333.11, 14
1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 15
2151.357, 2305.2341, 2503.20, 2913.01, 2913.02, 16
2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 17
3307.32, 3309.68, 3310.03, 3310.06, 3313.29, 18
3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 19
3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 20
3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 21
3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 22
3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 23
3317.19, 3318.37, 3319.17, 3323.13, 3345.05, 24
3353.02, 3354.10, 3355.07, 3357.10, 3358.06, 25
3365.02, 3375.121, 3381.07, 3381.15, 3381.17, 26
3517.152, 3701.041, 3705.242, 3734.57, 3735.67, 27
3745.114, 3773.33, 3773.43, 3773.51, 3773.52, 28
3773.56, 3905.43, 4109.01, 4109.02, 4109.06, 29
4109.07, 4117.01, 4303.29, 4501.31, 4506.11, 30
4507.13, 4507.52, 4513.263, 4709.05, 4709.06, 31
4713.05, 4713.06, 4713.141, 4717.03, 4725.05, 32
4725.06, 4725.34, 4725.45, 4725.46, 4732.06, 33
4732.14, 4734.05, 4734.54, 4736.03, 4736.06, 34
4741.03, 4741.171, 4741.25, 4743.05, 4752.08, 35
4752.09, 4752.18, 4753.04, 4753.11, 4755.03, 36
4755.04, 4755.13, 4757.05, 4757.31, 4758.15, 37
4758.21, 4759.04, 4759.08, 4761.02, 4761.03, 38
4761.07, 4766.02, 4766.05, 4771.22, 4775.04, 39
4775.05, 4775.06, 4775.08, 4779.06, 4779.08, 40
4779.17, 4779.18, 4781.03, 4781.04, 4781.05, 41
4781.13, 5111.061, 5111.081, 5111.20, 5111.231, 42
5111.27, 5111.31, 5111.88, 5111.882, 5111.889, 43
5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 44
5115.04, 5123.196, 5139.50, 5505.27, 5531.10, 45
5577.99, 5703.21, 5703.57, 5705.03, 5705.195, 46
5705.34, 5709.081, 5709.40, 5709.42, 5709.43, 47
5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 48
5709.80, 5711.01, 5725.221, 5727.06, 5727.85, 49
5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 50
5735.27, 5739.011, 5739.026, 5739.211, 5741.031, 51
5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 52
5743.081, 5743.12, 5743.13, 5743.15, 5743.33, 53
5743.34, 5743.35, 5745.01, 5747.01, 5747.012, 54
5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 55
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 56
5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 57
5751.22, and 5751.53; to amend, for the purpose of 58
adopting new section numbers as indicated in 59
parentheses, sections 117.45 (126.35), 117.46 60
(126.36), 117.47 (126.37), 117.48 (126.38), 173.41 61
(173.394), 5111.081 (5111.942), 5111.082 62
(5111.081), 5111.083 (5111.082), 5111.084 63
(5111.083), and 5111.085 (5111.084); to enact new 64
sections 3325.12 and 3365.11 and sections 121.086, 65
131.022, 173.27, 333.01, 333.02, 333.03, 333.04, 66
333.05, 333.06, 333.07, 3314.18, 3323.143, 67
4303.207, 5111.8813, 5111.8814, 5111.8815, 68
5111.8816, 5111.8817, 5111.941, 5111.943, 69
5112.311, 5502.261, 5531.101, 5701.11, 5705.211, 70
5725.222, 5725.98, 5729.101, 5729.102, 5729.98, 71
5743.021, 5743.321, 5748.011, and 5919.19; and to 72
repeal sections 3325.12, 3325.17, 3365.11, and 73
4732.04 of the Revised Code; to amend Section 3 of 74
Sub. H.B. 11 of the 126th General Assembly; to 75
amend Sections 203.09, 203.12, 203.12.12, 203.45, 76
203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 77
203.99.01, 203.99.48, 206.03, 206.09.12, 78
206.09.15, 206.09.21, 206.09.27, 206.09.36, 79
206.09.39, 206.09.42, 206.09.66, 206.09.84, 80
206.16, 206.48, 206.66, 206.66.22, 206.66.23, 81
206.66.36, 206.66.64, 206.66.66, 206.66.84, 82
206.66.85, 206.66.91, 206.67.15, 206.67.21, 83
206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 84
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 85
209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 86
209.64.60, 209.75, 209.81, 209.90.06, 212.03, 87
212.24, 212.27, 212.30, 212.33, and 315.03 of Am. 88
Sub. H.B. 66 of the 126th General Assembly; to 89
amend Sections 23 and 23.01 of Am. Sub. S.B. 189 90
of the 125th General Assembly; to amend Sections 91
19.01, 20.01, 23.12, and 23.45 of Am. Sub. H.B. 16 92
of the 126th General Assembly, as subsequently 93
amended; to amend Sections 203.06.06 and 203.06.24 94
of Am. Sub. H.B. 68 of the 126th General Assembly, 95
as subsequently amended; and to amend Section 22 96
of Am. Sub. S.B. 189 of the 125th General 97
Assembly, as subsequently amended, to make capital 98
reappropriations for the biennium ending June 30, 99
2008, to make certain supplemental and capital 100
appropriations and to provide authorization and 101
conditions for the operation of state programs.102


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

       Section 101.01. That sections 9.41, 9.901, 101.543, 107.40, 103
109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 104
117.48, 120.36, 120.52, 120.521, 120.53, 121.04, 121.11, 121.37, 105
122.17, 122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 106
124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 107
124.181, 124.182, 124.321, 124.327, 124.382, 124.384, 124.387, 108
124.389, 124.391, 124.82, 124.821, 124.822, 124.823, 124.84, 109
125.21, 126.07, 126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 110
133.04, 133.06, 133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 111
173.391, 173.41, 184.20, 307.76, 319.301, 340.021, 742.57, 901.23, 112
955.011, 955.16, 955.43, 1317.07, 1333.11, 1523.02, 1901.31, 113
1901.311, 1901.32, 1901.33, 2151.357, 2305.2341, 2503.20, 2913.01, 114
2913.02, 2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 3307.32, 115
3309.68, 3310.03, 3310.06, 3313.29, 3313.61, 3313.64, 3313.6410, 116
3313.813, 3314.02, 3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 117
3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 118
3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 3317.06, 119
3317.07, 3317.082, 3317.11, 3317.19, 3318.37, 3319.17, 3323.13, 120
3345.05, 3353.02, 3354.10, 3355.07, 3357.10, 3358.06, 3365.02, 121
3375.121, 3381.07, 3381.15, 3381.17, 3517.152, 3701.041, 3705.242, 122
3734.57, 3735.67, 3745.114, 3773.33, 3773.43, 3773.51, 3773.52, 123
3773.56, 3905.43, 4109.01, 4109.02, 4109.06, 4109.07, 4117.01, 124
4303.29, 4501.31, 4506.11, 4507.13, 4507.52, 4513.263, 4709.05, 125
4709.06, 4713.05, 4713.06, 4713.141, 4717.03, 4725.05, 4725.06, 126
4725.34, 4725.45, 4725.46, 4732.06, 4732.14, 4734.05, 4734.54, 127
4736.03, 4736.06, 4741.03, 4741.171, 4741.25, 4743.05, 4752.08, 128
4752.09, 4752.18, 4753.04, 4753.11, 4755.03, 4755.04, 4755.13, 129
4757.05, 4757.31, 4758.15, 4758.21, 4759.04, 4759.08, 4761.02, 130
4761.03, 4761.07, 4766.02, 4766.05, 4771.22, 4775.04, 4775.05, 131
4775.06, 4775.08, 4779.06, 4779.08, 4779.17, 4779.18, 4781.03, 132
4781.04, 4781.05, 4781.13, 5111.061, 5111.081, 5111.20, 5111.231, 133
5111.27, 5111.31, 5111.88, 5111.882, 5111.889, 5111.8811, 134
5111.8812, 5112.08, 5112.18, 5112.31, 5115.04, 5123.196, 5139.50, 135
5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.195, 136
5705.34, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, 137
5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5727.06, 138
5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 5735.27, 139
5739.011, 5739.026, 5739.211, 5741.031, 5743.025, 5743.03, 140
5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 5743.15, 141
5743.33, 5743.34, 5743.35, 5745.01, 5747.01, 5747.012, 5747.05, 142
5747.056, 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 5751.011, 143
5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 144
5751.22, and 5751.53 be amended; that sections 117.45 (126.35), 145
117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 173.41 146
(173.394), 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 147
(5111.082), 5111.084 (5111.083), and 5111.085 (5111.084) be 148
amended for the purpose of adopting new sections numbers as 149
indicated in parentheses; that new sections 3325.12 and 3365.11 150
and sections 121.086, 131.022, 173.27, 333.01, 333.02, 333.03, 151
333.04, 333.05, 333.06, 333.07, 3314.18, 3323.143, 4303.207, 152
5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 5111.941, 153
5111.943, 5112.311, 5502.261, 5531.101, 5701.11, 5705.211, 154
5725.222, 5725.98, 5729.101, 5729.102, 5729.98, 5743.021, 155
5743.321, 5748.011, and 5919.19 of the Revised Code be enacted to 156
read as follows:157

       Sec. 9.41.  The auditor of state, director of budget and158
management, or any fiscal officer of any county, city, city health 159
district, general health district, or city school district160
thereof, or civil service township, shall not draw, sign, issue,161
or authorize the drawing, signing, or issuing of any warrant on162
the treasurer of state or other disbursing officer of the state,163
or the treasurer or other disbursing officer of any county, city,164
or city school district thereof, or civil service township, to pay 165
any salary or other compensation to any officer, clerk, employee, 166
or other person in the classified service unless an estimate, 167
payroll, or account for such salary or compensation containing the 168
name of each person to be paid, bears the certificate of the 169
director of administrative services, or in the case of the service 170
of the city or civil service township, the certificate of the 171
civil service commission of the city or civil service township, or 172
in the case of the service of the county, the certificate of the 173
appointing authority, that the persons named in the estimate, 174
payroll, or account have been appointed, promoted, reduced, 175
suspended, or laid off, or are being employed in pursuance of 176
Chapter 124. of the Revised Code and the rules adopted thereunder.177

       Where estimates, payrolls, or accounts are prepared by178
electronic data processing equipment, the director of179
administrative services or the municipal or civil service township 180
civil service commission may develop methods for controlling the 181
input or verifying the output of such equipment to ensure 182
compliance with Chapter 124. of the Revised Code and the rules 183
adopted thereunder. Any estimates, payrolls, or accounts prepared 184
by these methods shall be subject to special audit at any time.185

       Any sum paid contrary to this section may be recovered from186
any officer making such payment in contravention of law and of the 187
rules made in pursuance of law, or from any officer signing,188
countersigning, or authorizing the signing or countersigning of189
any warrant for the payment of the same, or from the sureties on190
histhe officer's official bond, in an action in the courts of the 191
state, maintained by a citizen resident therein. All moneys 192
recovered in any action brought under this section shall, when 193
collected, be paid into the state treasury or the treasury of the194
appropriate civil division of the state, except that the plaintiff 195
in any action shall be entitled to recover histhe plaintiff's own196
taxable costs of such action.197

       Sec. 9.901.  (A)(1) All health care benefits provided to 198
persons employed by the public schools of this state shall be 199
provided by medical plans designed pursuant to this section by the 200
school employees health care board. The board, in consultation 201
with the superintendent of insurance, shall negotiate with and, in 202
accordance with the competitive selection procedures of Chapter 203
125. of the Revised Code, contract with one or more insurance 204
companies authorized to do business in this state for the issuance 205
of the plans. Any or all of the medical plans designed by the 206
board may be self-insured. All self-insured plans adopted shall be 207
administered by the board in accordance with this section. As used 208
in this section, a "public school" means a school in a city, 209
local, exempted village, or joint vocational school district, and 210
includes the educational service centers associated with those 211
schools.212

       (2) Prior to soliciting proposals from insurance companies 213
for the issuance of medical plans, the board shall determine what 214
geographic regions exist in the state based on the availability of 215
providers, networks, costs, and other factors relating to 216
providing health care benefits. The board shall then determine 217
what medical plans are offered by school districts and existing 218
consortiums in the state. The board shall determine what medical 219
plan offered by a school district or existing consortium in the 220
region offers the lowest premium cost plan.221

       (3) The board shall develop a request for proposals and 222
solicit bids for medical plans for the school districts in a 223
region similar to the existing plans. The board shall also 224
determine the benefits offered by existing medical plans, the 225
employees' costs, and the cost-sharing arrangements used by public 226
schools participating in a consortium. The board shall determine 227
what strategies are used by the existing medical plans to manage 228
health care costs and shall study the potential benefits of state 229
or regional consortiums of public schools offering multiple health 230
care plans.231

       (4) As used in this section, a "medical plan" includes group 232
policies, contracts, and agreements that provide hospital, 233
surgical, or medical expense coverage, including self-insured 234
plans. A "medical plan" does not include an individual plan 235
offered to the employees of a public school, or a plan that 236
provides coverage only for specific disease or accidents, or a 237
hospital indemnity, medicare supplement, or other plan that 238
provides only supplemental benefits, paid for by the employees of 239
a public school.240

       (B) The school employees health care board is hereby created. 241
The school employees health care board shall consist of the 242
following nine members and shall include individuals with 243
experience with public school benefit programs, health care 244
industry providers, and medical plan beneficiaries:245

       (1) Three members appointed by the governor;246

       (2) Three members appointed by the president of the senate;247

       (3) Three members appointed by the speaker of the house of 248
representatives.249

       A member of the school employees health care board shall not 250
be employed by, represent, or in any way be affiliated with a 251
private entity that is providing services to the board, an 252
individual school district, employers, or employees in the state 253
of Ohio.254

       (C)(1) Members of the school employees health care board 255
shall serve four-year terms; however, one of each of the initial 256
members appointed under divisions (B)(1) to (3) of this section 257
shall be appointed to a term of one year. The initial appointments 258
under this section shall be made within forty-five days after the 259
effective date of this sectionSeptember 29, 2005.260

       Members' terms shall end on the same day of the same month as 261
the effective date of this sectiontwenty-ninth day of September, 262
but a member shall continue to serve subsequent to the expiration 263
of the member's term until a successor is appointed. Any vacancy 264
occurring during a member's term shall be filled in the same 265
manner as the original appointment, except that the person 266
appointed to fill the vacancy shall be appointed to the remainder 267
of the unexpired term.268

       (2) Members shall serve without compensation but shall be 269
reimbursed from the school employees health care fund for actual 270
and necessary expenses incurred in the performance of their 271
official duties as members of the board.272

       (3) Members may be removed by their appointing authority for 273
misfeasance, malfeasance, incompetence, dereliction of duty, or 274
other just cause.275

       (D)(1) The governor shall call the first meeting of the 276
school employees health care board. At that meeting, and annually 277
thereafter, the board shall elect a chairperson and may elect 278
members to other positions on the board as the board considers 279
necessary or appropriate. The board shall meet at least four times 280
each calendar year and shall also meet at the call of the 281
chairperson or three or more board members. The chairperson shall 282
provide reasonable advance notice of the time and place of board 283
meetings to all members.284

       (2) A majority of the board constitutes a quorum for the 285
transaction of business at a board meeting. A majority vote of the 286
members present is necessary for official action.287

       (E) The school employees health care board shall conduct its 288
business at open meetings; however, the records of the board are 289
not public records for purposes of section 149.43 of the Revised 290
Code.291

       (F) The school employees health care fund is hereby created 292
in the state treasury. The public schools shall pay all school 293
employees health care board plan premiums in the manner prescribed 294
by the school employees health care board to the board for deposit 295
into the school employees health care fund. All funds in the 296
school employees health care fund shall be used solely for the 297
provision of health care benefits to public schools employees 298
pursuant to this section and related administrative costs. 299
Premiums received by the board or insurance companies contracted 300
pursuant to division (A) of this section are not subject to any 301
state insurance premium tax.302

       (G) The school employees health care board shall do all of 303
the following:304

       (1) Design multiple medical plans, including regional plans, 305
to provide, in the board's judgment, the optimal combination of 306
coverage, cost, choice, and stability of health cost benefits. The 307
board may establish more than one tier of premium rates for any 308
medical plan. The board shall establish regions as necessary for 309
the implementation of the board's medical plans. Plans and premium 310
rates may vary across the regions established by the board.311

       (2) Set an aggregate goal for employee and employer portions 312
of premiums for the board's medical plans so as to manage plan 313
participation and encourage the use of value-based plan 314
participation by employees;315

       (3) Set employer and employee plan copayments, deductibles, 316
exclusions, limitations, formularies, premium shares, and other 317
responsibilities;318

       (4) Include disease management and consumer education 319
programs, to the extent that the board determines is appropriate, 320
in all medical plans designed by the board, which programs shall 321
include, but are not limited to, wellness programs and other 322
measures designed to encourage the wise use of medical plan 323
coverage. These programs are not services or treatments for 324
purposes of section 3901.71 of the Revised Code.325

       (5) Create and distribute to the governor, the speaker of the 326
house of representatives, and the president of the senate, an 327
annual report covering the plan background; plan coverage options; 328
plan administration, including procedures for monitoring and 329
managing objectives, scope, and methodology; plan operations; 330
employee and employer contribution rates and the relationship 331
between the rates and the school employees health care fund 332
balance; a means to develop and maintain identity and evaluate 333
alternative employee and employer cost-sharing strategies; an 334
evaluation of the effectiveness of cost-saving services and 335
programs; an evaluation of efforts to control and manage member 336
eligibility and to insure that proper employee and employer 337
contributions are remitted to the trust fund; efforts to prevent 338
and detect fraud; and efforts to manage and monitor board 339
contracts;340

       (6) Utilize cost containment measures aligned with patient, 341
plan, and provider management strategies in developing and 342
managing medical plans.343

       (H) The sections in Chapter 3923. of the Revised Code 344
regulating public employee benefit plans are not applicable to the 345
medical plans designed pursuant to this section.346

       (I)(1) Public schools are not subject to this section prior 347
to the release of medical plans designed pursuant to this section.348

       (2) Prior to the school employees health care board's release 349
of the board's initial medical plans, the board shall contract 350
with an independent consultant to analyze costs related to 351
employee health care benefits provided by existing school district 352
plans in this state. The consultant shall determine the benefits 353
offered by existing medical plans, the employees' costs, and the 354
cost-sharing arrangements used by public schools either 355
participating in a consortium or by other means. The consultant 356
shall determine what strategies are used by the existing medical 357
plans to manage health care costs and shall study the potential 358
benefits of state or regional consortiums of public schools 359
offering multiple health care plans. Based on the findings of the 360
analysis, the consultant shall submit written recommendations to 361
the board for the development and implementation of a successful 362
program for pooling school districts' purchasing power for the 363
acquisition of employee medical plans. The consultant's 364
recommendations shall address, at a minimum, all of the following 365
issues:366

       (a) The establishment of regions for the provision of medical 367
plans, based on the availability of providers and plans in the 368
state at the time that the school employees health care board is 369
established;370

       (b) The use of regional preferred provider and closed panel 371
plans, health savings accounts, and alternative medical plans, to 372
stabilize both costs and the premiums charged school districts and 373
district employees;374

       (c) The development of a system to obtain eligibility data 375
and data compiled pursuant to the "Consolidated Omnibus Budget 376
Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. 377
1161, as amended;378

       (d) The use of the competitive bidding process for regional 379
medical plans;380

       (e) The development of a timeline planning for the design and 381
use of board medical plans by not later than December 31, 2007;382

       (f) The use of information on claims and costs and of 383
information reported by districts pursuant to COBRA in analyzing 384
administrative and premium costs;385

       (g) The experience of states that have mandated statewide 386
medical plans for public school employees, including the 387
implementation strategies used by those states;388

       (h) Recommended strategies for the use of first-year roll-in 389
premiums in the transition from district medical plans to school 390
employees health care board plans;391

       (i) The option of allowing school districts to join an 392
existing regional consortium as an alternative to school employees 393
health care board plans;394

       (j) Mandatory and optional coverages to be offered by the 395
board's medical plans;396

       (k) Potential risks to the state from the use of medical 397
plans developed pursuant to this section;398

       (l) Any legislation needed to ensure the long-term financial 399
solvency and stability of a health care purchasing system;400

       (m) The potential impacts of any changes to the existing 401
purchasing structure on all of the following:402

       (i) Existing health care pooling and consortiums;403

       (ii) School district employees;404

       (iii) Individual school districts.405

       (n) Issues that could arise when school districts transition 406
from the existing purchasing structure to a new purchasing 407
structure;408

       (o) Strategies available to the board in the creation of fund 409
reserves and the need for stop-loss insurance coverage for 410
catastrophic losses;411

       (p) Any legislation needed to establish and maintain medical 412
plans designed pursuant to this section. The consultant shall 413
submit all legislative recommendations not later than December 31, 414
2005August 30, 2006, in writing, to the school employees health 415
care board and to the governor, the speaker of the house of 416
representatives, and the president of the senate.417

       (3) The public schools health care advisory committee is 418
hereby created under the school employees health care board. The 419
committee shall make recommendations to the school employees 420
health care board related to the board's accomplishment of the 421
duties assigned to the board under this section. The committee 422
shall consist of eighteen members. The governor, the speaker of 423
the house of representatives, and the president of the senate 424
shall each appoint a representative from the Ohio education 425
association, the Ohio school boards association, the Ohio 426
association of school business officials, the Ohio association of 427
health underwriters, an existing health care consortium serving 428
public schools, and a health insuring corporation licensed to do 429
business in Ohio and recommended by the Ohio association of health 430
plans. The initial appointees shall be appointed to a one-year 431
term not later than July 31, 20052007, the members' term to begin 432
on that date. Subsequent one-year appointments, to commence on the 433
thirty-first day of July of each year, shall be made in the same 434
manner. A member shall continue to serve subsequent to the 435
expiration of the member's term until the member's successor is 436
appointed. Any vacancy occurring during a member's term shall be 437
filled in the same manner as the original appointment, except that 438
the person appointed to fill the vacancy shall be appointed to the 439
remainder of the unexpired term. The governor shall call the first 440
meeting of each newly appointed committee. At that meeting the 441
board shall elect a chairperson who shall call the time and place 442
of future committee meetings. Committee members are not subject to 443
the conditions for eligibility set by division (B) of this section 444
for members of the school employees health care board.445

       (4) The school employees health care board shall submit a 446
written study to the governor and the general assembly not later 447
than January 15December 1, 2006, of a plan to operate in 448
compliance with this section, and on the governance of the school 449
employees health care board. A copy of the board's plan of 450
operation, including audit provisions, shall accompany the report 451
on the board's governance and the report shall include the board's 452
recommendations on any legislation needed to enforce the 453
recommendations of the board on implementing the provisions of 454
this section.455

       (5) Not later than January 15, 2009, and not later than the 456
same day of each subsequent year, the school employees health care 457
board shall submit a written report to the governor and each 458
member of the general assembly, which report evaluates the 459
performance of school employees health care board medical plans 460
during the previous year. Districts offering employee health care 461
benefits through a plan offered by a consortium of two or more 462
districts, or a consortium of one or more districts and one or 463
more political subdivisions as defined in section 9.833 of the 464
Revised Code, representing five thousand or more employees as of 465
January 1, 2005, may request permission from the school employees 466
health care board to continue offering consortium plans to the 467
districts' employees at the discretion of the board. If the board 468
grants permission, the permission is valid for only one year but 469
may be renewed annually thereafter upon application to an approval 470
of the board. The board shall grant initial or continued approval 471
upon finding, based on an actuarial evaluation of the existing 472
consortium plan offerings, that benefit design, premium costs, 473
administrative cost, and other factors considered by the board are 474
equivalent to or lower than comparable costs of the board's plan 475
options offered to the local district. Age and gender adjustments, 476
benefit comparison adjustments, and the total cost of the 477
consortium plan, including administration, benefit cost, stop-loss 478
insurance, and all other expenses or information requested by the 479
board shall be presented to the board prior to the board's 480
decision to allow a local district to continue to offer health 481
care benefits under a consortium plan. A district shall not 482
participate in the consortium plan once the district has chosen to 483
offer plans designed by the board to the district's employees and 484
begins premium payments for deposit into the school employees 485
health care fund.486

       (6) Any districts providing medical plan coverage for the 487
employees of public schools, or that have provided coverage within 488
two years prior to the effective date of this sectionSeptember 489
29, 2005, shall provide nonidentifiable aggregate claims data for 490
the coverage to the school employees health care board or the 491
department of administrative services, without charge, within 492
thirty days after receiving a written request from the board or 493
the department. The claims data shall include data relating to 494
employee group benefit sets, demographics, and claims experience.495

       (J) The school employees health care board may contract with 496
other state agencies as the board deems necessary for the 497
implementation and operation of this section, based on 498
demonstrated experience and expertise in administration, 499
management, data handling, actuarial studies, quality assurance, 500
or other needed services. The school employees health care board 501
shall contract with the department of administrative services for 502
central services until the board is able to obtain such services 503
from other sources. The board shall reimburse the department of 504
administrative services for the reasonable cost of those services.505

       (K) The board's administrative functions shall include, but 506
are not limited to, the following:507

       (1) Maintaining reserves in the school employees health care 508
fund, reinsurance, and other measures that in the judgment of the 509
board will result in the long-term stability and solvency of the 510
medical plans designed by the board. The board shall bill school 511
districts, in proportion to a district's premium payments to all 512
premium payments paid into the school employees health care fund 513
during the previous year, in order to maintain necessary reserves, 514
reinsurance, and administrative and operating funds. Each school 515
district contributing to a board medical plan shall share any 516
losses due to the expense of claims paid by the plan. In the event 517
of a loss, the board may bill each district an amount, in 518
proportion to the district's premium payments to all premium 519
payments paid into the school employees health care fund during 520
the previous year, sufficient in total to cover the loss. The 521
state is not liable for any obligations of the school employees 522
health care board or the school employees health care fund, or for 523
expenses of public schools or school districts related to the 524
board's medical plans.525

       (2) Providing health care information, wellness programs, and 526
other preventive health care measures to medical plan 527
beneficiaries, to the extent that the board determines to be 528
appropriate;529

       (3) Coordinating contracts for services related to the 530
board's medical plans. Contracts shall be approved by the school 531
employees health care board.532

       (L) Not less than ninety days before coverage begins for 533
public school employees under medical plans designed by the school 534
employees health care board, a school district's board of 535
education shall provide detailed information about the medical 536
plans to the employees.537

       (M) Nothing in this section shall be construed as prohibiting 538
public schools or school districts from consulting with and 539
compensating insurance agents and brokers for professional 540
services.541

       (N) The department of administrative services shall report to 542
the governor, the speaker of the house of representatives, and the 543
president of the senate within eighteen months after the effective 544
date of this sectionnot later than April 30, 2007, on the 545
feasibility of achieving all of the following:546

       (1) Designing multiple medical plans to cover persons 547
employed by public institutions of higher education that achieve 548
an optimal combination of coverage, cost, choice, and stability, 549
which plans include both state and regional preferred provider 550
plans, set employee and employer premiums, and set employee plan 551
copayments, deductibles, exclusions, limitations, formularies, and 552
other responsibilities. For this purpose, "public institutions of 553
higher education" include, without limitation, state universities 554
and colleges, state community college districts, community college 555
districts, university branch districts, technical college 556
districts, and municipal universities. 557

       (2) Maintaining reserves, reinsurance, and other measures to 558
insure the long-term stability and solvency of the medical plans;559

       (3) Providing appropriate health care information, wellness 560
programs, and other preventive health care measures to medical 561
plan beneficiaries;562

       (4) Coordinating contracts for services related to the 563
medical plans.564

       Sec. 101.543. TheAs used in this section, "published" means 565
to produce an electronic record that is accessible to the public.566

       The daily journals of the senate and house of representatives 567
journals shall be printed or published daily during each session 568
of the general assembly in pamphlet form without covers. The 569
senate journal shall precede the house of representatives journal 570
in the pamphlet. The composition used in printing or publishing571
the daily journals shall be retained for use in printing the final 572
journals.573

       The final journals and appendixes of the senate and house of 574
representatives journals and appendixes shall be printed after 575
adjournment sine die and be bound in half law binding. The 576
respective journal of each house and its proper appendix shall 577
compose one volume unless the clerk of the senate or clerk of the578
house of representatives, as the case may be, directs that they be579
bound in separate volumes.580

       Sec. 107.40.  (A) There is hereby created the governor's 581
residence advisory commission. The commission shall provide for 582
the preservation, restoration, acquisition, and conservation of 583
all decorations, objects of art, chandeliers, china, silver, 584
statues, paintings, furnishings, accouterments, and other 585
aesthetic materials that have been acquired, donated, loaned, or 586
otherwise obtained by the state for the governor's residence and 587
that have been approved by the commission. In addition, the 588
commission shall provide for the maintenance of plants that have 589
been acquired, donated, loaned, or otherwise obtained by the state 590
for the governor's residence and that have been approved by the 591
commission.592

       (B) The commission shall be responsible for the care, 593
provision, repair, and placement of furnishings and other objects 594
and accessories of the grounds and public areas of the first story 595
of the governor's residence and for the care and placement of 596
plants on the grounds. In exercising this responsibility, the 597
commission shall preserve and seek to further establish theboth 598
of the following:599

       (1) The authentic ambiance and decor of the historic era 600
during which the governor's residence was constructed. These;601

       (2) The grounds as a representation of Ohio's natural 602
ecosystems.603

        These duties shall not affect the obligation of the 604
department of administrative services to provide for the general 605
maintenance and operating expenses of the governor's residence.606

       (C) The commission shall consist of nineeleven members. One 607
member shall be the director of administrative services or the 608
director's designee, who shall serve during the director's term of 609
office and shall serve as chairperson. One member shall be the 610
director of the Ohio historical society or the director's 611
designee, who shall serve during the director's term of office and 612
shall serve as vice-chairperson. One member shall represent the 613
Columbus landmarks foundation. One member shall represent the614
Bexley historical society. One member shall be the mayor of the 615
city of Bexley, who shall serve during the mayor's term of office. 616
One member shall be the chief executive officer of the Franklin 617
park conservatory joint recreation district, who shall serve 618
during the term of employment as chief executive officer. The619
remaining five members shall be appointed by the governor with the 620
advice and consent of the senate. The five members appointed by 621
the governor shall be persons with knowledge of Ohio history, 622
architecture, decorative arts, or historic preservation, and one 623
of those members shall have knowledge of landscape architecture, 624
garden design, horticulture, and plants native to this state.625

       (D) Of the initial appointees, the representative of the626
Columbus landmarks foundation shall serve for a term expiring627
December 31, 1996, and the representative of the Bexley historical 628
society shall serve for a term expiring December 31, 1997. Of the 629
five members appointed by the governor, three shall serve for 630
terms ending December 31, 1998, and two shall serve for terms 631
ending December 31, 1999. Thereafter, each term shall be for four 632
years, commencing on the first day of January and ending on the 633
last day of December. EachThe member having knowledge of 634
landscape architecture, garden design, horticulture, and plants 635
native to this state initially shall be appointed upon the first 636
vacancy on the commission occurring on or after the effective date 637
of this amendment.638

        Each member shall hold office from the date of the member's639
appointment until the end of the term for which the member was640
appointed. Any member appointed to fill a vacancy occurring prior 641
to the end of the term for which the member's predecessor was 642
appointed shall hold office for the remainder of the term. Any 643
member shall continue in office subsequent to the expiration of 644
the term until the member's successor takes office.645

       (E) FiveSix members of the commission constitute a quorum, 646
and the affirmative vote of fivesix members is required for 647
approval of any action by the commission.648

       (F) After each initial member of the commission has been 649
appointed, the commission shall meet and select one member as 650
secretary and another as treasurer. Organizational meetings of the 651
commission shall be held at the time and place designated by call 652
of the chairperson. Meetings of the commission may be held 653
anywhere in the state and shall be in compliance with Chapters 654
121. and 149. of the Revised Code. The commission may adopt, 655
pursuant to section 111.15 of the Revised Code, rules necessary to 656
carry out the purposes of this section.657

       (G) Members of the commission shall serve without 658
remuneration, but shall be compensated for actual and necessary 659
expenses incurred in the performance of their official duties.660

       (H) All expenses incurred in carrying out this section are 661
payable solely from money accrued under this section or 662
appropriated for these purposes by the general assembly, and the 663
commission shall incur no liability or obligation beyond such 664
money.665

       (I) The commission may accept any donation, gift, bequest, or 666
devise for the governor's residence or as an endowment for the 667
maintenance and care of the garden on the grounds of the 668
governor's residence in furtherance of its duties. Any revenue 669
received by the commission shall be deposited into the governor's 670
residence fund, which is hereby established in the state treasury, 671
for use by the commission in accordance with the performance of 672
its duties. All investment earnings of the fund shall be credited 673
to the fund. Title to all property acquired by the commission 674
shall be taken in the name of the state and shall be held for the 675
use and benefit of the commission.676

       (J) Nothing in this section limits the ability of a person or 677
other entity to purchase decorations, objects of art, chandeliers, 678
china, silver, statues, paintings, furnishings, accouterments, 679
plants, or other aesthetic materials for placement in the 680
governor's residence or on the grounds of the governor's residence681
or donation to the commission. No such object or plant, however, 682
shall be placed on the grounds or public areas of the first story 683
of the governor's residence without the consent of the commission.684

       Sec. 109.57.  (A)(1) The superintendent of the bureau of685
criminal identification and investigation shall procure from 686
wherever procurable and file for record photographs, pictures, 687
descriptions, fingerprints, measurements, and other information 688
that may be pertinent of all persons who have been convicted of 689
committing within this state a felony, any crime constituting a 690
misdemeanor on the first offense and a felony on subsequent691
offenses, or any misdemeanor described in division (A)(1)(a) of 692
section 109.572 of the Revised Code, of all children under 693
eighteen years of age who have been adjudicated delinquent 694
children for committing within this state an act that would be a 695
felony or an offense of violence if committed by an adult or who 696
have been convicted of or pleaded guilty to committing within this 697
state a felony or an offense of violence, and of all well-known 698
and habitual criminals. The person in charge of any county, 699
multicounty, municipal, municipal-county, or multicounty-municipal 700
jail or workhouse, community-based correctional facility, halfway 701
house, alternative residential facility, or state correctional 702
institution and the person in charge of any state institution 703
having custody of a person suspected of having committed a felony, 704
any crime constituting a misdemeanor on the first offense and a 705
felony on subsequent offenses, or any misdemeanor described in 706
division (A)(1)(a) of section 109.572 of the Revised Code or 707
having custody of a child under eighteen years of age with respect 708
to whom there is probable cause to believe that the child may have 709
committed an act that would be a felony or an offense of violence 710
if committed by an adult shall furnish such material to the 711
superintendent of the bureau. Fingerprints, photographs, or other712
descriptive information of a child who is under eighteen years of 713
age, has not been arrested or otherwise taken into custody for 714
committing an act that would be a felony or an offense of violence 715
if committed by an adult, has not been adjudicated a delinquent 716
child for committing an act that would be a felony or an offense 717
of violence if committed by an adult, has not been convicted of or 718
pleaded guilty to committing a felony or an offense of violence, 719
and is not a child with respect to whom there is probable cause to720
believe that the child may have committed an act that would be a 721
felony or an offense of violence if committed by an adult shall 722
not be procured by the superintendent or furnished by any person 723
in charge of any county, multicounty, municipal, municipal-county, 724
or multicounty-municipal jail or workhouse, community-based 725
correctional facility, halfway house, alternative residential 726
facility, or state correctional institution, except as authorized 727
in section 2151.313 of the Revised Code.728

       (2) Every clerk of a court of record in this state, other 729
than the supreme court or a court of appeals, shall send to the730
superintendent of the bureau a weekly report containing a summary 731
of each case involving a felony, involving any crime constituting 732
a misdemeanor on the first offense and a felony on subsequent 733
offenses, involving a misdemeanor described in division (A)(1)(a) 734
of section 109.572 of the Revised Code, or involving an735
adjudication in a case in which a child under eighteen years of 736
age was alleged to be a delinquent child for committing an act 737
that would be a felony or an offense of violence if committed by738
an adult. The clerk of the court of common pleas shall include in 739
the report and summary the clerk sends under this division all 740
information described in divisions (A)(2)(a) to (f) of this 741
section regarding a case before the court of appeals that is 742
served by that clerk. The summary shall be written on the standard 743
forms furnished by the superintendent pursuant to division (B) of 744
this section and shall include the following information:745

       (a) The incident tracking number contained on the standard 746
forms furnished by the superintendent pursuant to division (B) of 747
this section;748

       (b) The style and number of the case;749

       (c) The date of arrest;750

       (d) The date that the person was convicted of or pleaded 751
guilty to the offense, adjudicated a delinquent child for 752
committing the act that would be a felony or an offense of 753
violence if committed by an adult, found not guilty of the754
offense, or found not to be a delinquent child for committing an 755
act that would be a felony or an offense of violence if committed 756
by an adult, the date of an entry dismissing the charge, an entry 757
declaring a mistrial of the offense in which the person is 758
discharged, an entry finding that the person or child is not 759
competent to stand trial, or an entry of a nolle prosequi, or the 760
date of any other determination that constitutes final resolution 761
of the case;762

       (e) A statement of the original charge with the section of 763
the Revised Code that was alleged to be violated;764

       (f) If the person or child was convicted, pleaded guilty, or 765
was adjudicated a delinquent child, the sentence or terms of 766
probation imposed or any other disposition of the offender or the 767
delinquent child.768

       If the offense involved the disarming of a law enforcement 769
officer or an attempt to disarm a law enforcement officer, the 770
clerk shall clearly state that fact in the summary, and the 771
superintendent shall ensure that a clear statement of that fact is 772
placed in the bureau's records.773

       (3) The superintendent shall cooperate with and assist774
sheriffs, chiefs of police, and other law enforcement officers in 775
the establishment of a complete system of criminal identification 776
and in obtaining fingerprints and other means of identification of 777
all persons arrested on a charge of a felony, any crime 778
constituting a misdemeanor on the first offense and a felony on 779
subsequent offenses, or a misdemeanor described in division780
(A)(1)(a) of section 109.572 of the Revised Code and of all 781
children under eighteen years of age arrested or otherwise taken 782
into custody for committing an act that would be a felony or an 783
offense of violence if committed by an adult. The superintendent 784
also shall file for record the fingerprint impressions of all 785
persons confined in a county, multicounty, municipal, 786
municipal-county, or multicounty-municipal jail or workhouse,787
community-based correctional facility, halfway house, alternative 788
residential facility, or state correctional institution for the 789
violation of state laws and of all children under eighteen years 790
of age who are confined in a county, multicounty, municipal, 791
municipal-county, or multicounty-municipal jail or workhouse, 792
community-based correctional facility, halfway house, alternative 793
residential facility, or state correctional institution or in any794
facility for delinquent children for committing an act that would 795
be a felony or an offense of violence if committed by an adult, 796
and any other information that the superintendent may receive from 797
law enforcement officials of the state and its political 798
subdivisions.799

       (4) The superintendent shall carry out Chapter 2950. of the800
Revised Code with respect to the registration of persons who are 801
convicted of or plead guilty to either a sexually oriented offense 802
that is not a registration-exempt sexually oriented offense or a 803
child-victim oriented offense and with respect to all other duties 804
imposed on the bureau under that chapter.805

       (5) The bureau shall perform centralized recordkeeping 806
functions for criminal history records and services in this state 807
for purposes of the national crime prevention and privacy compact 808
set forth in section 109.571 of the Revised Code and is the 809
criminal history record repository as defined in that section for 810
purposes of that compact. The superintendent or the 811
superintendent's designee is the compact officer for purposes of 812
that compact and shall carry out the responsibilities of the 813
compact officer specified in that compact.814

       (B) The superintendent shall prepare and furnish to every815
county, multicounty, municipal, municipal-county, or816
multicounty-municipal jail or workhouse, community-based 817
correctional facility, halfway house, alternative residential 818
facility, or state correctional institution and to every clerk of 819
a court in this state specified in division (A)(2) of this section 820
standard forms for reporting the information required under 821
division (A) of this section. The standard forms that the 822
superintendent prepares pursuant to this division may be in a 823
tangible format, in an electronic format, or in both tangible 824
formats and electronic formats.825

       (C) The superintendent may operate a center for electronic, 826
automated, or other data processing for the storage and retrieval 827
of information, data, and statistics pertaining to criminals and 828
to children under eighteen years of age who are adjudicated829
delinquent children for committing an act that would be a felony 830
or an offense of violence if committed by an adult, criminal 831
activity, crime prevention, law enforcement, and criminal justice, 832
and may establish and operate a statewide communications network 833
to gather and disseminate information, data, and statistics for 834
the use of law enforcement agencies. The superintendent may 835
gather, store, retrieve, and disseminate information, data, and 836
statistics that pertain to children who are under eighteen years 837
of age and that are gathered pursuant to sections 109.57 to 109.61 838
of the Revised Code together with information, data, and839
statistics that pertain to adults and that are gathered pursuant 840
to those sections. In addition to any other authorized use of 841
information, data, and statistics of that nature, the 842
superintendent or the superintendent's designee may provide and 843
exchange the information, data, and statistics pursuant to the 844
national crime prevention and privacy compact as described in 845
division (A)(5) of this section.846

       (D) The information and materials furnished to the847
superintendent pursuant to division (A) of this section and848
information and materials furnished to any board or person under849
division (F) or (G) of this section are not public records under 850
section 149.43 of the Revised Code.851

       (E) The attorney general shall adopt rules, in accordance852
with Chapter 119. of the Revised Code, setting forth the procedure 853
by which a person may receive or release information gathered by 854
the superintendent pursuant to division (A) of this section. A 855
reasonable fee may be charged for this service. If a temporary 856
employment service submits a request for a determination of 857
whether a person the service plans to refer to an employment858
position has been convicted of or pleaded guilty to an offense859
listed in division (A)(1), (3), (4), (5), or (6) of section 860
109.572 of the Revised Code, the request shall be treated as a 861
single request and only one fee shall be charged.862

       (F)(1) As used in division (F)(2) of this section, "head863
start agency" means an entity in this state that has been approved 864
to be an agency for purposes of subchapter II of the "Community 865
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 866
as amended.867

       (2)(a) In addition to or in conjunction with any request that868
is required to be made under section 109.572, 2151.86, 3301.32,869
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 870
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 871
education of any school district; the director of mental 872
retardation and developmental disabilities; any county board of 873
mental retardation and developmental disabilities; any entity 874
under contract with a county board of mental retardation and 875
developmental disabilities; the chief administrator of any 876
chartered nonpublic school; the chief administrator of any home 877
health agency; the chief administrator of or person operating any 878
child day-care center, type A family day-care home, or type B 879
family day-care home licensed or certified under Chapter 5104. of 880
the Revised Code; the administrator of any type C family day-care881
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st882
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st883
general assembly; the chief administrator of any head start 884
agency; or the executive director of a public children services 885
agency may request that the superintendent of the bureau 886
investigate and determine, with respect to any individual who has 887
applied for employment in any position after October 2, 1989, or 888
any individual wishing to apply for employment with a board of 889
education may request, with regard to the individual, whether the 890
bureau has any information gathered under division (A) of this 891
section that pertains to that individual. On receipt of the 892
request, the superintendent shall determine whether that 893
information exists and, upon request of the person, board, or 894
entity requesting information, also shall request from the federal 895
bureau of investigation any criminal records it has pertaining to 896
that individual. The superintendent or the superintendent's 897
designee also may request criminal history records from other 898
states or the federal government pursuant to the national crime 899
prevention and privacy compact set forth in section 109.571 of the 900
Revised Code. Within thirty days of the date that the 901
superintendent receives a request, the superintendent shall send 902
to the board, entity, or person a report of any information that 903
the superintendent determines exists, including information 904
contained in records that have been sealed under section 2953.32 905
of the Revised Code, and, within thirty days of its receipt, shall 906
send the board, entity, or person a report of any information 907
received from the federal bureau of investigation, other than 908
information the dissemination of which is prohibited by federal 909
law.910

       (b) When a board of education is required to receive 911
information under this section as a prerequisite to employment of 912
an individual pursuant to section 3319.39 of the Revised Code, it 913
may accept a certified copy of records that were issued by the 914
bureau of criminal identification and investigation and that are915
presented by an individual applying for employment with the916
district in lieu of requesting that information itself. In such a 917
case, the board shall accept the certified copy issued by the 918
bureau in order to make a photocopy of it for that individual's 919
employment application documents and shall return the certified 920
copy to the individual. In a case of that nature, a district only 921
shall accept a certified copy of records of that nature within one 922
year after the date of their issuance by the bureau.923

       (3) The state board of education may request, with respect to 924
any individual who has applied for employment after October 2,925
1989, in any position with the state board or the department of926
education, any information that a school district board of927
education is authorized to request under division (F)(2) of this 928
section, and the superintendent of the bureau shall proceed as if 929
the request has been received from a school district board of 930
education under division (F)(2) of this section.931

       (4) When the superintendent of the bureau receives a request 932
for information under section 3319.291 of the Revised Code, the 933
superintendent shall proceed as if the request has been received 934
from a school district board of education under division (F)(2) of 935
this section.936

       (5) When a recipient of a classroom reading improvement grant 937
paid under section 3301.86 of the Revised Code requests, with 938
respect to any individual who applies to participate in providing 939
any program or service funded in whole or in part by the grant, 940
the information that a school district board of education is 941
authorized to request under division (F)(2)(a) of this section, 942
the superintendent of the bureau shall proceed as if the request 943
has been received from a school district board of education under 944
division (F)(2)(a) of this section.945

       (G) In addition to or in conjunction with any request that is 946
required to be made under section 173.41, 3701.881, 3712.09,947
3721.121, or 3722.151 of the Revised Code with respect to an 948
individual who has applied for employment in a position that 949
involves providing direct care to an older adult, the chief950
administrator of a PASSPORT agency that provides services through 951
the PASSPORT program created under section 173.40 of the Revised952
Code, home health agency, hospice care program, home licensed 953
under Chapter 3721. of the Revised Code, adult day-care program954
operated pursuant to rules adopted under section 3721.04 of the955
Revised Code, or adult care facility may request that the 956
superintendent of the bureau investigate and determine, with 957
respect to any individual who has applied after January 27, 1997, 958
for employment in a position that does not involve providing959
direct care to an older adult, whether the bureau has any 960
information gathered under division (A) of this section that 961
pertains to that individual. On962

       In addition to or in conjunction with any request that is 963
required to be made under section 173.27 of the Revised Code with 964
respect to an individual who has applied for employment in a 965
position that involves providing ombudsperson services to 966
residents of long-term care facilities or recipients of 967
community-based long-term care services, the state long-term care 968
ombudsperson, ombudsperson's designee, or director of health may 969
request that the superintendent investigate and determine, with 970
respect to any individual who has applied for employment in a 971
position that does not involve providing such ombudsperson 972
services, whether the bureau has any information gathered under 973
division (A) of this section that pertains to that applicant.974

       In addition to or in conjunction with any request that is 975
required to be made under section 173.394 of the Revised Code with 976
respect to an individual who has applied for employment in a 977
position that involves providing direct care to an individual, the 978
chief administrator of a community-based long-term care agency may 979
request that the superintendent investigate and determine, with 980
respect to any individual who has applied for employment in a 981
position that does not involve providing direct care, whether the 982
bureau has any information gathered under division (A) of this 983
section that pertains to that applicant.984

       On receipt of thea request under this division, the985
superintendent shall determine whether that information exists986
and, on request of the administratorindividual requesting 987
information, shall also request from the federal bureau of 988
investigation any criminal records it has pertaining to that989
individualthe applicant. The superintendent or the 990
superintendent's designee also may request criminal history 991
records from other states or the federal government pursuant to 992
the national crime prevention and privacy compact set forth in 993
section 109.571 of the Revised Code. Within thirty days of the 994
date a request is received, the superintendent shall send to the 995
administratorrequester a report of any information determined to 996
exist, including information contained in records that have been 997
sealed under section 2953.32 of the Revised Code, and, within 998
thirty days of its receipt, shall send the administratorrequester999
a report of any information received from the federal bureau of1000
investigation, other than information the dissemination of which 1001
is prohibited by federal law.1002

       (H) Information obtained by a board, administrator,1003
government entity or other person under this section is 1004
confidential and shall not be released or disseminated.1005

       (I) The superintendent may charge a reasonable fee for1006
providing information or criminal records under division (F)(2) or 1007
(G) of this section.1008

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 1009
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 1010
5153.111 of the Revised Code, a completed form prescribed pursuant 1011
to division (C)(1) of this section, and a set of fingerprint 1012
impressions obtained in the manner described in division (C)(2) of 1013
this section, the superintendent of the bureau of criminal 1014
identification and investigation shall conduct a criminal records 1015
check in the manner described in division (B) of this section to 1016
determine whether any information exists that indicates that the 1017
person who is the subject of the request previously has been 1018
convicted of or pleaded guilty to any of the following:1019

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1020
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1021
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1022
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1023
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1024
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1025
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1026
2925.06, or 3716.11 of the Revised Code, felonious sexual 1027
penetration in violation of former section 2907.12 of the Revised 1028
Code, a violation of section 2905.04 of the Revised Code as it 1029
existed prior to July 1, 1996, a violation of section 2919.23 of 1030
the Revised Code that would have been a violation of section 1031
2905.04 of the Revised Code as it existed prior to July 1, 1996, 1032
had the violation been committed prior to that date, or a 1033
violation of section 2925.11 of the Revised Code that is not a 1034
minor drug possession offense;1035

       (b) A violation of an existing or former law of this state, 1036
any other state, or the United States that is substantially 1037
equivalent to any of the offenses listed in division (A)(1)(a) of 1038
this section.1039

       (2) On receipt of a request pursuant to section 5123.081 of 1040
the Revised Code with respect to an applicant for employment in 1041
any position with the department of mental retardation and 1042
developmental disabilities, pursuant to section 5126.28 of the 1043
Revised Code with respect to an applicant for employment in any 1044
position with a county board of mental retardation and 1045
developmental disabilities, or pursuant to section 5126.281 of the 1046
Revised Code with respect to an applicant for employment in a 1047
direct services position with an entity contracting with a county 1048
board for employment, a completed form prescribed pursuant to 1049
division (C)(1) of this section, and a set of fingerprint 1050
impressions obtained in the manner described in division (C)(2) of 1051
this section, the superintendent of the bureau of criminal 1052
identification and investigation shall conduct a criminal records 1053
check. The superintendent shall conduct the criminal records check 1054
in the manner described in division (B) of this section to 1055
determine whether any information exists that indicates that the 1056
person who is the subject of the request has been convicted of or 1057
pleaded guilty to any of the following:1058

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1059
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1060
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 1061
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 1062
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1063
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 1064
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 1065
2925.03, or 3716.11 of the Revised Code;1066

       (b) An existing or former municipal ordinance or law of this 1067
state, any other state, or the United States that is substantially 1068
equivalent to any of the offenses listed in division (A)(2)(a) of 1069
this section.1070

       (3) On receipt of a request pursuant to section 173.411071
173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised 1072
Code, a completed form prescribed pursuant to division (C)(1) of 1073
this section, and a set of fingerprint impressions obtained in the 1074
manner described in division (C)(2) of this section, the 1075
superintendent of the bureau of criminal identification and 1076
investigation shall conduct a criminal records check with respect 1077
to any person who has applied for employment in a position that 1078
involves providing direct care to an older adultfor which a 1079
criminal records check is required by those sections. The 1080
superintendent shall conduct the criminal records check in the 1081
manner described in division (B) of this section to determine 1082
whether any information exists that indicates that the person who 1083
is the subject of the request previously has been convicted of or 1084
pleaded guilty to any of the following:1085

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1086
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1087
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1088
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1089
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1090
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1091
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1092
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1093
2925.22, 2925.23, or 3716.11 of the Revised Code;1094

       (b) An existing or former law of this state, any other state, 1095
or the United States that is substantially equivalent to any of 1096
the offenses listed in division (A)(3)(a) of this section.1097

       (4) On receipt of a request pursuant to section 3701.881 of 1098
the Revised Code with respect to an applicant for employment with 1099
a home health agency as a person responsible for the care, 1100
custody, or control of a child, a completed form prescribed 1101
pursuant to division (C)(1) of this section, and a set of 1102
fingerprint impressions obtained in the manner described in 1103
division (C)(2) of this section, the superintendent of the bureau 1104
of criminal identification and investigation shall conduct a 1105
criminal records check. The superintendent shall conduct the 1106
criminal records check in the manner described in division (B) of 1107
this section to determine whether any information exists that 1108
indicates that the person who is the subject of the request 1109
previously has been convicted of or pleaded guilty to any of the 1110
following:1111

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1112
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1113
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 1114
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 1115
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 1116
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1117
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1118
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 1119
violation of section 2925.11 of the Revised Code that is not a 1120
minor drug possession offense;1121

       (b) An existing or former law of this state, any other state, 1122
or the United States that is substantially equivalent to any of 1123
the offenses listed in division (A)(4)(a) of this section.1124

       (5) On receipt of a request pursuant to section 5111.95 or 1125
5111.96 of the Revised Code with respect to an applicant for 1126
employment with a waiver agency participating in a department of 1127
job and family services administered home and community-based 1128
waiver program or an independent provider participating in a 1129
department administered home and community-based waiver program in 1130
a position that involves providing home and community-based waiver 1131
services to consumers with disabilities, a completed form 1132
prescribed pursuant to division (C)(1) of this section, and a set 1133
of fingerprint impressions obtained in the manner described in 1134
division (C)(2) of this section, the superintendent of the bureau 1135
of criminal identification and investigation shall conduct a 1136
criminal records check. The superintendent shall conduct the 1137
criminal records check in the manner described in division (B) of 1138
this section to determine whether any information exists that 1139
indicates that the person who is the subject of the request 1140
previously has been convicted of or pleaded guilty to any of the 1141
following:1142

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1143
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 1144
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 1145
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 1146
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1147
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 1148
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 1149
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 1150
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1151
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 1152
Revised Code, felonious sexual penetration in violation of former 1153
section 2907.12 of the Revised Code, a violation of section 1154
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 1155
violation of section 2919.23 of the Revised Code that would have 1156
been a violation of section 2905.04 of the Revised Code as it 1157
existed prior to July 1, 1996, had the violation been committed 1158
prior to that date;1159

       (b) An existing or former law of this state, any other state, 1160
or the United States that is substantially equivalent to any of 1161
the offenses listed in division (A)(5)(a) of this section.1162

       (6) On receipt of a request pursuant to section 3701.881 of 1163
the Revised Code with respect to an applicant for employment with 1164
a home health agency in a position that involves providing direct 1165
care to an older adult, a completed form prescribed pursuant to 1166
division (C)(1) of this section, and a set of fingerprint 1167
impressions obtained in the manner described in division (C)(2) of 1168
this section, the superintendent of the bureau of criminal 1169
identification and investigation shall conduct a criminal records 1170
check. The superintendent shall conduct the criminal records check 1171
in the manner described in division (B) of this section to 1172
determine whether any information exists that indicates that the 1173
person who is the subject of the request previously has been 1174
convicted of or pleaded guilty to any of the following:1175

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1176
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1177
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1178
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1179
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1180
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1181
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1182
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1183
2925.22, 2925.23, or 3716.11 of the Revised Code;1184

       (b) An existing or former law of this state, any other state, 1185
or the United States that is substantially equivalent to any of 1186
the offenses listed in division (A)(6)(a) of this section.1187

       (7) When conducting a criminal records check upon a request 1188
pursuant to section 3319.39 of the Revised Code for an applicant 1189
who is a teacher, in addition to the determination made under 1190
division (A)(1) of this section, the superintendent shall 1191
determine whether any information exists that indicates that the 1192
person who is the subject of the request previously has been 1193
convicted of or pleaded guilty to any offense specified in section 1194
3319.31 of the Revised Code.1195

       (8) On a request pursuant to section 2151.86 of the Revised 1196
Code, a completed form prescribed pursuant to division (C)(1) of 1197
this section, and a set of fingerprint impressions obtained in the 1198
manner described in division (C)(2) of this section, the 1199
superintendent of the bureau of criminal identification and 1200
investigation shall conduct a criminal records check in the manner 1201
described in division (B) of this section to determine whether any 1202
information exists that indicates that the person who is the 1203
subject of the request previously has been convicted of or pleaded 1204
guilty to any of the following:1205

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1206
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1207
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1208
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1209
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1210
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1211
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1212
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 1213
violation of section 2905.04 of the Revised Code as it existed 1214
prior to July 1, 1996, a violation of section 2919.23 of the 1215
Revised Code that would have been a violation of section 2905.04 1216
of the Revised Code as it existed prior to July 1, 1996, had the 1217
violation been committed prior to that date, a violation of 1218
section 2925.11 of the Revised Code that is not a minor drug 1219
possession offense, or felonious sexual penetration in violation 1220
of former section 2907.12 of the Revised Code;1221

       (b) A violation of an existing or former law of this state, 1222
any other state, or the United States that is substantially 1223
equivalent to any of the offenses listed in division (A)(8)(a) of 1224
this section.1225

       (9) When conducting a criminal records check on a request 1226
pursuant to section 5104.013 of the Revised Code for a person who 1227
is an owner, licensee, or administrator of a child day-care center 1228
or type A family day-care home or an authorized provider of a 1229
certified type B family day-care home, the superintendent, in 1230
addition to the determination made under division (A)(1) of this 1231
section, shall determine whether any information exists that 1232
indicates that the person has been convicted of or pleaded guilty 1233
to any of the following:1234

       (a) A violation of section 2913.02, 2913.03, 2913.04, 1235
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1236
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 1237
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 1238
2921.13, or 2923.01 of the Revised Code, a violation of section 1239
2923.02 or 2923.03 of the Revised Code that relates to a crime 1240
specified in this division or division (A)(1)(a) of this section, 1241
or a second violation of section 4511.19 of the Revised Code 1242
within five years of the date of application for licensure or 1243
certification.1244

       (b) A violation of an existing or former law of this state, 1245
any other state, or the United States that is substantially 1246
equivalent to any of the offenses or violations described in 1247
division (A)(9)(a) of this section.1248

       (10) On receipt of a request for a criminal records check 1249
from an individual pursuant to section 4749.03 or 4749.06 of the 1250
Revised Code, accompanied by a completed copy of the form 1251
prescribed in division (C)(1) of this section and a set of 1252
fingerprint impressions obtained in a manner described in division 1253
(C)(2) of this section, the superintendent of the bureau of 1254
criminal identification and investigation shall conduct a criminal 1255
records check in the manner described in division (B) of this 1256
section to determine whether any information exists indicating 1257
that the person who is the subject of the request has been 1258
convicted of or pleaded guilty to a felony in this state or in any 1259
other state. If the individual indicates that a firearm will be 1260
carried in the course of business, the superintendent shall 1261
require information from the federal bureau of investigation as 1262
described in division (B)(2) of this section. The superintendent 1263
shall report the findings of the criminal records check and any 1264
information the federal bureau of investigation provides to the 1265
director of public safety.1266

       (11) Not later than thirty days after the date the 1267
superintendent receives the request, completed form, and 1268
fingerprint impressions, the superintendent shall send the person, 1269
board, or entity that made the request any information, other than 1270
information the dissemination of which is prohibited by federal 1271
law, the superintendent determines exists with respect to the 1272
person who is the subject of the request that indicates that the 1273
person previously has been convicted of or pleaded guilty to any 1274
offense listed or described in division (A)(1), (2), (3), (4), 1275
(5), (6), (7), (8), (9), or (10) of this section, as appropriate. 1276
The superintendent shall send the person, board, or entity that 1277
made the request a copy of the list of offenses specified in 1278
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) 1279
of this section, as appropriate. If the request was made under 1280
section 3701.881 of the Revised Code with regard to an applicant 1281
who may be both responsible for the care, custody, or control of a 1282
child and involved in providing direct care to an older adult, the 1283
superintendent shall provide a list of the offenses specified in 1284
divisions (A)(4) and (6) of this section.1285

       (B) The superintendent shall conduct any criminal records 1286
check requested under section 121.08, 173.41173.27, 173.394, 1287
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1288
3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 1289
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as 1290
follows:1291

       (1) The superintendent shall review or cause to be reviewed 1292
any relevant information gathered and compiled by the bureau under 1293
division (A) of section 109.57 of the Revised Code that relates to 1294
the person who is the subject of the request, including any 1295
relevant information contained in records that have been sealed 1296
under section 2953.32 of the Revised Code;1297

       (2) If the request received by the superintendent asks for 1298
information from the federal bureau of investigation, the 1299
superintendent shall request from the federal bureau of 1300
investigation any information it has with respect to the person 1301
who is the subject of the request and shall review or cause to be 1302
reviewed any information the superintendent receives from that 1303
bureau.1304

        (3) The superintendent or the superintendent's designee may 1305
request criminal history records from other states or the federal 1306
government pursuant to the national crime prevention and privacy 1307
compact set forth in section 109.571 of the Revised Code.1308

       (C)(1) The superintendent shall prescribe a form to obtain 1309
the information necessary to conduct a criminal records check from 1310
any person for whom a criminal records check is required by 1311
section 121.08, 173.41173.27, 173.394, 2151.86, 3301.32, 1312
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 1313
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 1314
5126.281, or 5153.111 of the Revised Code. The form that the 1315
superintendent prescribes pursuant to this division may be in a 1316
tangible format, in an electronic format, or in both tangible and 1317
electronic formats.1318

       (2) The superintendent shall prescribe standard impression 1319
sheets to obtain the fingerprint impressions of any person for 1320
whom a criminal records check is required by section 121.08, 1321
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1322
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1323
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1324
5153.111 of the Revised Code. Any person for whom a records check 1325
is required by any of those sections shall obtain the fingerprint 1326
impressions at a county sheriff's office, municipal police 1327
department, or any other entity with the ability to make 1328
fingerprint impressions on the standard impression sheets 1329
prescribed by the superintendent. The office, department, or 1330
entity may charge the person a reasonable fee for making the 1331
impressions. The standard impression sheets the superintendent 1332
prescribes pursuant to this division may be in a tangible format, 1333
in an electronic format, or in both tangible and electronic 1334
formats.1335

       (3) Subject to division (D) of this section, the 1336
superintendent shall prescribe and charge a reasonable fee for 1337
providing a criminal records check requested under section 121.08, 1338
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1339
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1340
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1341
5153.111 of the Revised Code. The person making a criminal records 1342
request under section 121.08, 173.41173.27, 173.394, 2151.86, 1343
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 1344
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 1345
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the 1346
fee prescribed pursuant to this division. A person making a 1347
request under section 3701.881 of the Revised Code for a criminal 1348
records check for an applicant who may be both responsible for the 1349
care, custody, or control of a child and involved in providing 1350
direct care to an older adult shall pay one fee for the request.1351

       (4) The superintendent of the bureau of criminal 1352
identification and investigation may prescribe methods of 1353
forwarding fingerprint impressions and information necessary to 1354
conduct a criminal records check, which methods shall include, but 1355
not be limited to, an electronic method.1356

       (D) A determination whether any information exists that 1357
indicates that a person previously has been convicted of or 1358
pleaded guilty to any offense listed or described in division 1359
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1360
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), 1361
or (A)(9)(a) or (b) of this section that is made by the 1362
superintendent with respect to information considered in a 1363
criminal records check in accordance with this section is valid 1364
for the person who is the subject of the criminal records check 1365
for a period of one year from the date upon which the 1366
superintendent makes the determination. During the period in which 1367
the determination in regard to a person is valid, if another 1368
request under this section is made for a criminal records check 1369
for that person, the superintendent shall provide the information 1370
that is the basis for the superintendent's initial determination 1371
at a lower fee than the fee prescribed for the initial criminal 1372
records check.1373

       (E) As used in this section:1374

       (1) "Criminal records check" means any criminal records check 1375
conducted by the superintendent of the bureau of criminal 1376
identification and investigation in accordance with division (B) 1377
of this section.1378

       (2) "Home and community-based waiver services" and "waiver 1379
agency" have the same meanings as in section 5111.95 of the 1380
Revised Code.1381

       (3) "Independent provider" has the same meaning as in section 1382
5111.96 of the Revised Code.1383

       (4) "Minor drug possession offense" has the same meaning as 1384
in section 2925.01 of the Revised Code.1385

       (5) "Older adult" means a person age sixty or older.1386

       Sec. 113.09.  Except as provided in section 113.10 of the1387
Revised Code, all moneys deposited with the treasurer of state,1388
the disposition of which is not otherwise provided for by law,1389
shall be credited to the general revenue fund, which is hereby1390
created in the state treasury. If a warrant for the payment of1391
money from the state treasury has been illegally or improperly1392
issued by the auditor of state, or the amount of a warrant issued1393
by him exceeds the sum whichthat should have been named therein, 1394
and payment of such warrant or excess has been made by the 1395
treasurer of state, the director of budget and management shall, 1396
unless the account of the appropriation from which it was paid has 1397
been closed, credit the amount collected to such appropriation; 1398
but, if such account has been closed, hethe director shall credit1399
the amount so collected to the fund on which the warrant was 1400
originally drawn.1401

       All investment earnings on moneys deposited in the state1402
treasury shall be credited to the general revenue fund unless:1403

       (A) The disposition of the earnings is otherwise provided for 1404
by law;1405

       (B) The director of budget and management has provided in the 1406
plan approved under section 131.36 of the Revised Code that a1407
different fund is entitled to the earnings.1408

       Sec. 113.11.  No money shall be paid out of the state 1409
treasury or transferred elsewhere except on the warrant of the 1410
auditor of statedirector of budget and management. No money shall 1411
be paid out of a custodial fund of the treasurer of state except 1412
on proper order to the treasurer of state by the officer 1413
authorized by law to pay money out of the fund.1414

       The treasurer of state shall adopt rules prescribing the form 1415
and manner in which money may be paid out of the state treasury or 1416
a custodial fund of the treasurer of state.1417

       Sec. 113.12. The treasurer of state, on presentation, shall 1418
pay all warrants drawn on himthe treasurer of state by the 1419
auditor of statedirector of budget and management. At least once 1420
each month the treasurer of state shall surrender to the auditor 1421
of statedirector all warrants the treasurer of state has paid and 1422
shall accept the receipt of the auditor of statedirector1423
therefor. The receipt shall be held by the treasurer of state in 1424
place of such warrants and as evidence of their payment until an 1425
audit of the state treasury and the custodial funds of the 1426
treasurer of state has been completed.1427

       Sec. 120.36. (A) If(1) Subject to division (A)(2), (3), (4), 1428
(5), or (6) of this section, if a person who is a defendant in a 1429
criminal case or a party in a case in juvenile court requests or 1430
is provided a state public defender, a county or joint county 1431
public defender, or any other counsel appointed by the court, the 1432
court in which the criminal case is initially filed or the 1433
juvenile court, whichever is applicable, shall assess, unless the 1434
application fee is waived or reduced, a non-refundable application 1435
fee of twenty-five dollars.1436

        The court shall direct the person to pay the application fee 1437
to the clerk of court. The person shall pay the application fee to 1438
the clerk of court at the time the person files an affidavit of 1439
indigency or a financial disclosure form with the court, a state 1440
public defender, a county or joint county public defender, or any 1441
other counsel appointed by the court or within seven days of that 1442
date. If the person does not pay the application fee within that 1443
seven-day period, the court shall assess the application fee at 1444
sentencing or at the final disposition of the case.1445

       If a case involving a felony that was initially filed in a 1446
municipal court or a county court is bound over to the court of 1447
common pleas and the defendant in the case failed to pay the 1448
application fee in the municipal court or county court, the court 1449
of common pleas shall assess the application fee at the initial 1450
appearance of the defendant in the court of common pleas. If a 1451
case involving an alleged delinquent child is transferred to the 1452
court of common pleas for prosecution of the involved child as an 1453
adult and if the involved child failed to pay the fee in the 1454
juvenile court, the court of common pleas shall assess the 1455
application fee at the initial appearance of the child in the 1456
court of common pleas.1457

       (2) For purposes of this section, a criminal case includes 1458
any case involving a violation of any provision of the Revised 1459
Code or of an ordinance of a municipal corporation for which the 1460
potential penalty includes loss of liberty and includes any 1461
contempt proceeding in which a court may impose a term of 1462
imprisonment.1463

        (3) In a juvenile court proceeding, the court shall not 1464
assess the application fee against a child if the court appoints a 1465
guardian ad litem for the child or the court appoints an attorney 1466
to represent the child at the request of a guardian ad litem.1467

        (4) The court shall not assess an application fee for a 1468
postconviction proceeding or when the defendant files an appeal.1469

        (5)(a) Except when the court assesses an application fee 1470
pursuant to division (A)(5)(b) of this section, the court shall 1471
assess an application fee when a person is charged with a 1472
violation of a community control sanction or a violation of a 1473
post-release control sanction.1474

       (b) If a charge of violating a community control sanction or 1475
post-release control sanction described in division (A)(5)(a) of 1476
this section results in a person also being charged with violating 1477
any provision of the Revised Code or an ordinance of a municipal 1478
corporation, the court shall only assess an application fee for 1479
the case that results from the additional charge.1480

       (6) If a case is transferred from one court to another court 1481
and the person failed to pay the application fee to the court that 1482
initially assessed the application fee, the court that initially 1483
assessed the fee shall remove the assessment, and the court to 1484
which the case was transferred shall assess the application fee.1485

       (7) The court shall assess an application fee pursuant to 1486
this section one time per case. An appeal shall not be considered 1487
a separate case for the purpose of assessing the application fee1488
For purposes of assessing the application fee, a case means one 1489
complete proceeding or trial held in one court for a person on an 1490
indictment, information, complaint, petition, citation, writ, 1491
motion, or other document initiating a case that arises out of a 1492
single incident or a series of related incidents, or when one 1493
individual is charged with two or more offenses that the court 1494
handles simultaneously. The court may waive or reduce the fee for 1495
a specific person in a specific case upon a finding that the 1496
person lacks financial resources that are sufficient to pay the 1497
fee or that payment of the fee would result in an undue hardship.1498

        (B) No court, state public defender, county or joint county 1499
public defender, or other counsel appointed by the court shall 1500
deny a person the assistance of counsel solely due to the person's 1501
failure to pay the application fee assessed pursuant to division 1502
(A) of this section. A person's present inability, failure, or 1503
refusal to pay the application fee shall not disqualify that 1504
person from legal representation.1505

        (C) The application fee assessed pursuant to division (A) of 1506
this section is separate from and in addition to any other amount 1507
assessed against a person who is found to be able to contribute 1508
toward the cost of the person's legal representation pursuant to 1509
division (D) of section 2941.51 of the Revised Code.1510

        (D) The clerk of the court that assessed the fees shall 1511
forward all application fees collected pursuant to this section to 1512
the county treasurer for deposit in the county treasury. The 1513
county shall retain eighty per cent of the application fees so 1514
collected to offset the costs of providing legal representation to 1515
indigent persons. EachNot later than the last day of each month, 1516
the county auditor shall remit twenty per cent of the application 1517
fees so collected to the state public defender. The state public 1518
defender shall deposit the remitted fees into the state treasury 1519
to the credit of the client payment fund created pursuant to 1520
division (B)(5) of section 120.04 of the Revised Code. The state 1521
public defender may use that money in accordance with that 1522
section.1523

        (E) On or before the first day of March of each year1524
twentieth day of each month beginning in the year 2007, each clerk 1525
of court shall provide to the state public defender and the state 1526
auditor a report including all of the following:1527

        (1) The number of persons in the previous calendar yearmonth1528
who requested or were provided a state public defender, county or 1529
joint county public defender, or other counsel appointed by the 1530
court;1531

        (2) The number of persons in the previous calendar yearmonth1532
for whom the court waived the application fee pursuant to division 1533
(A) of this section;1534

        (3) The dollar value of the assessed application fees 1535
pursuant to division (A) of this section in the previous calendar 1536
yearmonth;1537

        (4) The amount of assessed application fees collected in the 1538
previous calendar yearmonth;1539

        (5) The balance of unpaid assessed application fees at the 1540
open and close of the previous calendar yearmonth.1541

       (F) As used in this section:1542

        (1) "Clerk of court" means the clerk of the court of common 1543
pleas of the county, the clerk of the juvenile court of the 1544
county, the clerk of the domestic relations division of the court 1545
of common pleas of the county, the clerk of the probate court of 1546
the county, the clerk of a municipal court in the county, the 1547
clerk of a county-operated municipal court, or the clerk of a 1548
county court in the county, whichever is applicable.1549

        (2) "County-operated municipal court" has the same meaning as 1550
in section 1901.03 of the Revised Code.1551

       Sec. 120.52.  There is hereby established in the state1552
treasury the legal aid fund, which shall be for the charitable1553
public purpose of providing financial assistance to legal aid1554
societies that provide civil legal services to indigents. The fund 1555
shall contain all funds credited to it by the treasurer of state 1556
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 1557
4705.09, and 4705.10 of the Revised Code and income from 1558
investment credited to it by the treasurer of state in accordance 1559
with this section.1560

       The treasurer of state may invest moneys contained in the1561
legal aid fund in any manner authorized by the Revised Code for1562
the investment of state moneys. However, no such investment shall 1563
interfere with any apportionment, allocation, or payment of moneys 1564
in January and July of each calendar year, as required by section 1565
120.53 of the Revised Code. All income earned as a result of any 1566
such investment shall be credited to the fund.1567

       The state public defender, through the Ohio legal assistance 1568
foundation, shall administer the payment of moneys out of the 1569
fund. Four and one-half per cent of the moneys in the fund shall 1570
be reserved for the actual, reasonable costs of administering 1571
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 1572
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that 1573
are reserved for administrative costs but that are not used for 1574
actual, reasonable administrative costs shall be set aside for use 1575
in the manner described in division (A) of section 120.521 of the 1576
Revised Code. The remainder of the moneys in the legal aid fund1577
shall be distributed in accordance with section 120.53 of the 1578
Revised Code. The Ohio legal assistance foundation shall 1579
establish, in accordance with Chapter 119. of the Revised Code, 1580
rules governing the administration of the legal aid fund, 1581
including the programs established under sections 1901.26, 1582
1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code 1583
regarding interest on interest-bearing trust accounts of an1584
attorney, law firm, or legal professional association.1585

       Sec. 120.521.  (A) The state public defender shall establish 1586
a charitable, tax exempt foundation, named the Ohio legal 1587
assistance foundation, to actively solicit and accept gifts, 1588
bequests, donations, and contributions for use in providing 1589
financial assistance to legal aid societies, enhancing or 1590
improving the delivery of civil legal services to indigents, and 1591
operating the foundation. The Ohio legal assistance foundation 1592
shall deposit all gifts, bequests, donations, and contributions 1593
accepted by it into the legal assistance foundation fund 1594
established under this section. If the state public defender,1595
pursuant to section 120.52 of the Revised Code as it existed prior 1596
to the effective date of this section, established a charitable, 1597
tax exempt foundation named the Ohio legal assistance foundation 1598
and if that foundation is in existence on the day before the 1599
effective date of this section, that foundation shall continue in1600
existence and shall serve as the Ohio legal assistance foundation 1601
described in this section.1602

       There is hereby established the legal assistance foundation 1603
fund, which shall be under the custody and control of the Ohio 1604
legal assistance foundation. The fund shall contain all moneys 1605
distributed to the Ohio legal assistance foundation pursuant to 1606
section 120.53 of the Revised Code and all gifts, bequests, 1607
donations, and contributions accepted by the Ohio legal assistance 1608
foundation under this section.1609

       The Ohio legal assistance foundation shall distribute or use 1610
all moneys in the legal assistance foundation fund for the 1611
charitable public purpose of providing financial assistance to 1612
legal aid societies that provide civil legal services to 1613
indigents, enhancing or improving the delivery of civil legal 1614
services to indigents, and operating the foundation. The Ohio 1615
legal assistance foundation shall establish rules governing the1616
administration of the legal assistance foundation fund.1617

       The Ohio legal assistance foundation shall include, in the 1618
annual report it is required to make to the governor, the general 1619
assembly, and the supreme court pursuant to division (G)(2) of 1620
section 120.53 of the Revised Code, an audited financial statement 1621
on the distribution and use of the legal assistance foundation 1622
fund. No information contained in the statement shall identify or 1623
enable the identification of any person served by a legal aid 1624
society or in any way breach confidentiality.1625

       (B) A foundation is tax exempt for purposes of this section 1626
if the foundation is exempt from federal income taxation under 1627
subsection 501(a) of the "Internal Revenue Code of 1986," 100 1628
Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation 1629
has received from the internal revenue service a determination 1630
letter that is in effect stating that the foundation is exempt 1631
from federal income taxation under that subsection.1632

       Sec. 120.53.  (A) A legal aid society that operates within1633
the state may apply to the Ohio legal assistance foundation for1634
financial assistance from the legal aid fund established by1635
section 120.52 of the Revised Code to be used for the funding of1636
the society during the calendar year following the calendar year1637
in which application is made.1638

       (B) An application for financial assistance made under1639
division (A) of this section shall be submitted by the first day1640
of November of the calendar year preceding the calendar year for1641
which financial assistance is desired and shall include all of the 1642
following:1643

       (1) Evidence that the applicant is incorporated in this state 1644
as a nonprofit corporation;1645

       (2) A list of the trustees of the applicant;1646

       (3) The proposed budget of the applicant for these funds for 1647
the following calendar year;1648

       (4) A summary of the services to be offered by the applicant 1649
in the following calendar year;1650

       (5) A specific description of the territory or constituency 1651
served by the applicant;1652

       (6) An estimate of the number of persons to be served by the 1653
applicant during the following calendar year;1654

       (7) A general description of the additional sources of the1655
applicant's funding;1656

       (8) The amount of the applicant's total budget for the1657
calendar year in which the application is filed that it will1658
expend in that calendar year for legal services in each of the1659
counties it serves;1660

       (9) A specific description of any services, programs,1661
training, and legal technical assistance to be delivered by the1662
applicant or by another person pursuant to a contract with the1663
applicant, including, but not limited to, by private attorneys or1664
through reduced fee plans, judicare panels, organized pro bono1665
programs, and mediation programs.1666

       (C) The Ohio legal assistance foundation shall determine1667
whether each applicant that filed an application for financial1668
assistance under division (A) of this section in a calendar year1669
is eligible for financial assistance under this section. To be1670
eligible for such financial assistance, an applicant shall satisfy 1671
the criteria for being a legal aid society and shall be in 1672
compliance with the provisions of sections 120.51 to 120.55 of the 1673
Revised Code and with the rules and requirements the foundation 1674
establishes pursuant to section 120.52 of the Revised Code. The 1675
Ohio legal assistance foundation then, on or before the fifteenth 1676
day of December of the calendar year in which the application is1677
filed, shall notify each such applicant, in writing, whether it is 1678
eligible for financial assistance under this section, and if it is 1679
eligible, estimate the amount that will be available for that 1680
applicant for each six-month distribution period, as determined 1681
under division (D) of this section.1682

       (D) The Ohio legal assistance foundation shall allocate1683
moneys contained in the legal aid fund twice each yearmonthly for1684
distribution to applicants that filed their applications in the1685
previous calendar year and wereare determined to be eligible1686
applicants.1687

       All moneys contained in the fund on the first day of January 1688
of a calendar yeareach month shall be allocated, after deduction 1689
of the costs of administering sections 120.51 to 120.55 and 1690
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 1691
4705.10 of the Revised Code that are authorized by section 120.52 1692
of the Revised Code, according to this section and shall be 1693
distributed accordingly on the thirty-first day of January of that 1694
calendar year, and all moneys contained in the fund on the first 1695
day of July of that calendar year shall be allocated, after 1696
deduction of the costs of administering those sections that are 1697
authorized by section 120.52 of the Revised Code, according to 1698
this section and shall be distributed accordingly on the 1699
thirty-first day of July of that calendar yearnot later than the 1700
last day of the month following the month the moneys were 1701
received. In making the allocations under this section, the moneys 1702
in the fund that were generated pursuant to sections 1901.26, 1703
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised 1704
Code and all income generated from the investment of such moneys1705
shall be apportioned as follows:1706

       (1) After deduction of the amount authorized and used for1707
actual, reasonable administrative costs under section 120.52 of1708
the Revised Code:1709

       (a) Five per cent of the moneys remaining in the fund shall 1710
be reserved for use in the manner described in division (A) of 1711
section 120.521 of the Revised Code or for distribution to legal 1712
aid societies that provide assistance to special population groups 1713
of their eligible clients, engage in special projects that have a1714
substantial impact on their local service area or on significant1715
segments of the state's poverty population, or provide legal1716
training or support to other legal aid societies in the state;1717

       (b) After deduction of the amount described in division1718
(D)(1)(a) of this section, one and three-quarters per cent of the1719
moneys remaining in the fund shall be apportioned among entities1720
that received financial assistance from the legal aid fund prior1721
to the effective date of this amendment but that, on and after the 1722
effective date of this amendment, no longer qualify as a legal aid 1723
society that is eligible for financial assistance under this 1724
section.1725

       (c) After deduction of the amounts described in divisions 1726
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 1727
remaining in the fund shall be placed in the legal assistance 1728
foundation fund for use in the manner described in division (A) of 1729
section 120.521 of the Revised Code.1730

       (2) After deduction of the actual, reasonable administrative 1731
costs under section 120.52 of the Revised Code and after deduction 1732
of the amounts identified in divisions (D)(1)(a), (b), and (c) of 1733
this section, the remaining moneys shall be apportioned among the 1734
counties that are served by eligible legal aid societies that have 1735
applied for financial assistance under this section so that each 1736
such county is apportioned a portion of those moneys, based upon 1737
the ratio of the number of indigents who reside in that county to 1738
the total number of indigents who reside in all counties of this 1739
state that are served by eligible legal aid societies that have 1740
applied for financial assistance under this section. Subject to 1741
division (E) of this section, the moneys apportioned to a county 1742
under this division then shall be allocated to the eligible legal 1743
aid society that serves the county and that has applied for 1744
financial assistance under this section. For purposes of this 1745
division, the source of data identifying the number of indigent 1746
persons who reside in a county shall be the most recent decennial 1747
census figures from the United States department of commerce, 1748
division of census.1749

       (E) If the Ohio legal assistance foundation, in attempting to 1750
make an allocation of moneys under division (D)(2) of this1751
section, determines that a county that has been apportioned money1752
under that division is served by more than one eligible legal aid1753
society that has applied for financial assistance under this1754
section, the Ohio legal assistance foundation shall allocate the1755
moneys that have been apportioned to that county under division1756
(D)(2) of this section among all eligible legal aid societies that 1757
serve that county and that have applied for financial assistance 1758
under this section on a pro rata basis, so that each such eligible 1759
society is allocated a portion based upon the amount of its total 1760
budget expended in the prior calendar year for legal services in 1761
that county as compared to the total amount expended in the prior 1762
calendar year for legal services in that county by all eligible 1763
legal aid societies that serve that county and that have applied 1764
for financial assistance under this section.1765

       (F) Moneys allocated to eligible applicants under this1766
section shall be paid twice annually, on the thirty-first day of1767
January and on the thirty-first day of July ofmonthly beginning1768
the calendar year following the calendar year in which the 1769
application is filed.1770

       (G)(1) A legal aid society that receives financial assistance 1771
in any calendar year under this section shall file an annual 1772
report with the Ohio legal assistance foundation detailing the 1773
number and types of cases handled, and the amount and types of 1774
legal training, legal technical assistance, and other service1775
provided, by means of that financial assistance. No information1776
contained in the report shall identify or enable the1777
identification of any person served by the legal aid society or in 1778
any way breach client confidentiality.1779

       (2) The Ohio legal assistance foundation shall make an annual 1780
report to the governor, the general assembly, and the supreme 1781
court on the distribution and use of the legal aid fund. The1782
foundation also shall include in the annual report an audited 1783
financial statement of all gifts, bequests, donations, 1784
contributions, and other moneys the foundation receives. No 1785
information contained in the report shall identify or enable the 1786
identification of any person served by a legal aid society, or in 1787
any way breach confidentiality.1788

       (H) A legal aid society may enter into agreements for the1789
provision of services, programs, training, or legal technical1790
assistance for the legal aid society or to indigent persons.1791

       Sec. 121.04.  Offices are created within the several1792
departments as follows:1793

       In the department of commerce:1794

Commissioner of securities; 1795
Superintendent of real estate and professional licensing; 1796
Superintendent of financial institutions; 1797
Fire marshal; 1798
Superintendent of labor and worker safety; 1799
Beginning on July 1, 1997, 1800
Superintendent of liquor control; 1801
Superintendent of industrial compliance; 1802
Superintendent of professional regulation. 1803

       In the department of administrative services:1804

State architect and engineer; 1805
Equal employment opportunity coordinator. 1806

       In the department of agriculture:1807

       Chiefs of divisions as follows:1808

Administration; 1809
Animal industry; 1810
Dairy; 1811
Food safety; 1812
Plant industry; 1813
Markets; 1814
Meat inspection; 1815
Consumer analytical laboratory; 1816
Amusement ride safety; 1817
Enforcement; 1818
Weights and measures. 1819

       In the department of natural resources:1820

       Chiefs of divisions as follows:1821

Water; 1822
Mineral resources management; 1823
Forestry; 1824
Natural areas and preserves; 1825
Wildlife; 1826
Geological survey; 1827
Parks and recreation; 1828
Watercraft; 1829
Recycling and litter prevention; 1830
Soil and water conservation; 1831
Real estate and land management; 1832
Engineering. 1833

       In the department of insurance:1834

Deputy superintendent of insurance; 1835
Assistant superintendent of insurance, technical; 1836
Assistant superintendent of insurance, administrative; 1837
Assistant superintendent of insurance, research. 1838

       Sec. 121.086. (A) There is hereby created in the department 1839
of commerce the division of professional regulation. Effective 1840
July 1, 2007, the following boards and commissions comprise the 1841
division of professional regulation:1842

        (1) The Ohio athletic commission created by Chapter 3773. of 1843
the Revised Code;1844

        (2) The barber board created by Chapter 4709. of the Revised 1845
Code;1846

        (3) The state board of cosmetology created by Chapter 4713. 1847
of the Revised Code;1848

        (4) The board of embalmers and funeral directors created by 1849
Chapter 4717. of the Revised Code;1850

        (5) The state board of optometry created by Chapter 4725. of 1851
the Revised Code;1852

        (6) The Ohio optical dispensers board created by Chapter 1853
4725. of the Revised Code;1854

        (7) The state board of psychology created by Chapter 4732. of 1855
the Revised Code;1856

        (8) The state chiropractic board created by Chapter 4734. of 1857
the Revised Code;1858

        (9) The state board of sanitarian registration created by 1859
Chapter 4736. of the Revised Code;1860

        (10) The veterinary medical licensing board created by 1861
Chapter 4741. of the Revised Code;1862

        (11) The board of speech-language pathology and audiology 1863
created by Chapter 4753. of the Revised Code;1864

        (12) The Ohio occupational therapy, physical therapy, and 1865
athletic trainers board created by Chapter 4755. of the Revised 1866
Code;1867

        (13) The counselor, social worker, and marriage and family 1868
therapist board created by Chapter 4757. of the Revised Code;1869

        (14) The chemical dependency professionals board created by 1870
Chapter 4758. of the Revised Code;1871

        (15) The Ohio board of dietetics created by Chapter 4759. of 1872
the Revised Code; 1873

       (16) The Ohio respiratory care board created by Chapter 4761. 1874
of the Revised Code;1875

        (17) The Ohio medical transportation board created by Chapter 1876
4766. of the Revised Code;1877

        (18) The board of motor vehicle collision repair registration 1878
created by Chapter 4775. of the Revised Code;1879

        (19) The state board of orthotics, prosthetics, and 1880
pedorthics created by Chapter 4779. of the Revised Code;1881

        (20) The manufactured homes commission created by Chapter 1882
4781. of the Revised Code.1883

        (B) The director of commerce shall appoint the superintendent 1884
of professional regulation. At the direction of the director and 1885
in accordance with the Revised Code chapters referenced in 1886
division (A) of this section, the superintendent shall appoint an 1887
executive director for each board and commission in the division 1888
of professional regulation. The superintendent shall employ all 1889
investigators and other staff for each board and commission and is 1890
responsible for the administrative functions of all the boards and 1891
commissions in the division. Notwithstanding any chapter 1892
referenced in division (A) of this section, the superintendent 1893
shall determine which functions of a board or commission are 1894
administrative.1895

       Sec. 121.11.  (A) Each officer whose office is created by 1896
sections 121.02, 121.04, and 121.05 of the Revised Code, before 1897
entering upon the duties of office, shall take and subscribe an 1898
oath of office as provided by law and give bond, conditioned 1899
according to law, with security to be approved by the governor in1900
the penal sum, not less than ten thousand dollars, fixed by the1901
governor. The department of administrative services may procure 1902
from any duly authorized corporate surety a blanket bond covering 1903
the officers described in those sections and any other officers 1904
the governor designates. The bond and oath of the officers 1905
described in those sections shall be filed in the office of the 1906
secretary of state.1907

       (B) The director of commerce shall require each executive 1908
director appointed by the superintendent of professional 1909
regulation to serve a board or commission to give bond in the 1910
amount the governor prescribes.1911

       The director of each department, with the approval of the 1912
governor, may require any chief of a division, or any officer or 1913
employee in the director's department, to give bond in the amount 1914
the governor prescribes. The1915

       The bond or bonds required or authorized by this division1916
may, in the discretion of the director, be individual, schedule, 1917
or blanket bonds.1918

       (C) The premium on any bond required or authorized by this1919
section may be paid from the state treasury.1920

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family1921
and children first cabinet council. The council shall be composed1922
of the superintendent of public instruction and the directors of1923
youth services, job and family services, mental health, health,1924
alcohol and drug addiction services, mental retardation and1925
developmental disabilities, and budget and management. The1926
chairperson of the council shall be the governor or the governor's1927
designee and shall establish procedures for the council's internal1928
control and management.1929

       (2) The purpose of the cabinet council is to help families1930
seeking government services. This section shall not be interpreted 1931
or applied to usurp the role of parents, but solely to streamline 1932
and coordinate existing government services for families seeking 1933
assistance for their children.1934

       In seeking to fulfill its purpose, the council may do any of1935
the following:1936

       (a) Advise and make recommendations to the governor and1937
general assembly regarding the provision of services to children;1938

       (b) Advise and assess local governments on the coordination1939
of service delivery to children;1940

       (c) Hold meetings at such times and places as may be1941
prescribed by the council's procedures and maintain records of the1942
meetings, except that records identifying individual children are1943
confidential and shall be disclosed only as provided by law;1944

       (d) Develop programs and projects, including pilot projects,1945
to encourage coordinated efforts at the state and local level to1946
improve the state's social service delivery system;1947

       (e) Enter into contracts with and administer grants to county 1948
family and children first councils, as well as other county or1949
multicounty organizations to plan and coordinate service delivery1950
between state agencies and local service providers for families1951
and children;1952

       (f) Enter into contracts with and apply for grants from1953
federal agencies or private organizations;1954

       (g) Enter into interagency agreements to encourage1955
coordinated efforts at the state and local level to improve the1956
state's social service delivery system. The agreements may include 1957
provisions regarding the receipt, transfer, and expenditure of 1958
funds;1959

       (h) Identify public and private funding sources for services1960
provided to alleged or adjudicated unruly children and children1961
who are at risk of being alleged or adjudicated unruly children,1962
including regulations governing access to and use of the services;1963

       (i) Collect information provided by local communities1964
regarding successful programs for prevention, intervention, and1965
treatment of unruly behavior, including evaluations of the1966
programs;1967

       (j) Identify and disseminate publications regarding alleged1968
or adjudicated unruly children and children who are at risk of1969
being alleged or adjudicated unruly children and regarding1970
programs serving those types of children;1971

       (k) Maintain an inventory of strategic planning facilitators1972
for use by government or nonprofit entities that serve alleged or1973
adjudicated unruly children or children who are at risk of being1974
alleged or adjudicated unruly children.1975

       (3) The cabinet council shall provide for the following:1976

       (a) Reviews of service and treatment plans for children for1977
which such reviews are requested;1978

       (b) Assistance as the council determines to be necessary to1979
meet the needs of children referred by county family and children1980
first councils;1981

       (c) Monitoring and supervision of a statewide, comprehensive, 1982
coordinated, multi-disciplinary, interagency system for infants 1983
and toddlers with developmental disabilities or delays and their 1984
families, as established pursuant to federal grants received and 1985
administered by the department of health for early intervention 1986
services under the "Individuals with Disabilities Education Act of 1987
2004," 20 U.S.C.A. 1400, as amended.1988

       (B)(1) Each board of county commissioners shall establish a1989
county family and children first council. The board may invite any 1990
local public or private agency or group that funds, advocates, or 1991
provides services to children and families to have a1992
representative become a permanent or temporary member of its1993
county council. Each county council must include the following1994
individuals:1995

       (a) At least three individuals who are not employed by an 1996
agency represented on the council and whose families are or have1997
received services from an agency represented on the council or1998
another county's council. Where possible, the number of members1999
representing families shall be equal to twenty per cent of the2000
council's membership.2001

       (b) The director of the board of alcohol, drug addiction, and 2002
mental health services that serves the county, or, in the case of 2003
a county that has a board of alcohol and drug addiction services 2004
and a community mental health board, the directors of both boards. 2005
If a board of alcohol, drug addiction, and mental health services 2006
covers more than one county, the director may designate a person 2007
to participate on the county's council.2008

       (c) The health commissioner, or the commissioner's designee,2009
of the board of health of each city and general health district in2010
the county. If the county has two or more health districts, the2011
health commissioner membership may be limited to the commissioners2012
of the two districts with the largest populations.2013

       (d) The director of the county department of job and family2014
services;2015

       (e) The executive director of the public children services 2016
agency;2017

       (f) The superintendent of the county board of mental2018
retardation and developmental disabilities;2019

       (g) The county's juvenile court judge senior in service or2020
another judge of the juvenile court designated by the2021
administrative judge or, where there is no administrative judge,2022
by the judge senior in service;2023

       (h) The superintendent of the city, exempted village, or2024
local school district with the largest number of pupils residing2025
in the county, as determined by the department of education, which2026
shall notify each board of county commissioners of its2027
determination at least biennially;2028

       (i) A school superintendent representing all other school2029
districts with territory in the county, as designated at a2030
biennial meeting of the superintendents of those districts;2031

       (j) A representative of the municipal corporation with the2032
largest population in the county;2033

       (k) The president of the board of county commissioners or an 2034
individual designated by the board;2035

       (l) A representative of the regional office of the department 2036
of youth services;2037

       (m) A representative of the county's head start agencies, as2038
defined in section 3301.32 of the Revised Code;2039

       (n) A representative of the county's early intervention2040
collaborative established pursuant to the federal early2041
intervention program operated under the "Education of the2042
Handicapped Act Amendments of 1986";2043

       (o) A representative of a local nonprofit entity that funds,2044
advocates, or provides services to children and families.2045

       Notwithstanding any other provision of law, the public2046
members of a county council are not prohibited from serving on the2047
council and making decisions regarding the duties of the council,2048
including those involving the funding of joint projects and those2049
outlined in the county's service coordination mechanism2050
implemented pursuant to division (C) of this section.2051

       The cabinet council shall establish a state appeals process2052
to resolve disputes among the members of a county council2053
concerning whether reasonable responsibilities as members are2054
being shared. The appeals process may be accessed only by a2055
majority vote of the council members who are required to serve on2056
the council. Upon appeal, the cabinet council may order that state2057
funds for services to children and families be redirected to a 2058
county's board of county commissioners.2059

       (2) The purpose of the county council is to streamline and 2060
coordinate existing government services for families seeking 2061
services for their children. In seeking to fulfill its purpose, a 2062
county council shall provide for the following:2063

       (a) Referrals to the cabinet council of those children for2064
whom the county council cannot provide adequate services;2065

       (b) Development and implementation of a process that annually 2066
evaluates and prioritizes services, fills service gaps where 2067
possible, and invents new approaches to achieve better results for 2068
families and children;2069

       (c) Participation in the development of a countywide,2070
comprehensive, coordinated, multi-disciplinary, interagency system2071
for infants and toddlers with developmental disabilities or delays2072
and their families, as established pursuant to federal grants2073
received and administered by the department of health for early2074
intervention services under the "Education of the Handicapped Act2075
Amendments of 1986";2076

       (d) Maintenance of an accountability system to monitor the2077
county council's progress in achieving results for families and2078
children;2079

       (e) Establishment of a mechanism to ensure ongoing input from 2080
a broad representation of families who are receiving services2081
within the county system.2082

       (3)(a) Except as provided in division (B)(3)(b) of this2083
section, a county council shall comply with the policies,2084
procedures, and activities prescribed by the rules or interagency2085
agreements of a state department participating on the cabinet2086
council whenever the county council performs a function subject to2087
those rules or agreements.2088

       (b) On application of a county council, the cabinet council2089
may grant an exemption from any rules or interagency agreements of2090
a state department participating on the council if an exemption is2091
necessary for the council to implement an alternative program or2092
approach for service delivery to families and children. The2093
application shall describe the proposed program or approach and2094
specify the rules or interagency agreements from which an2095
exemption is necessary. The cabinet council shall approve or2096
disapprove the application in accordance with standards and2097
procedures it shall adopt. If an application is approved, the2098
exemption is effective only while the program or approach is being2099
implemented, including a reasonable period during which the2100
program or approach is being evaluated for effectiveness.2101

       (4)(a) Each county council shall designate an administrative2102
agent for the council from among the following public entities:2103
the board of alcohol, drug addiction, and mental health services,2104
including a board of alcohol and drug addiction or a community2105
mental health board if the county is served by separate boards;2106
the board of county commissioners; any board of health of the2107
county's city and general health districts; the county department2108
of job and family services; the county agency responsible for the2109
administration of children services pursuant to section 5153.15 of2110
the Revised Code; the county board of mental retardation and2111
developmental disabilities; any of the county's boards of2112
education or governing boards of educational service centers; or2113
the county's juvenile court. Any of the foregoing public entities, 2114
other than the board of county commissioners, may decline to serve2115
as the council's administrative agent.2116

       A county council's administrative agent shall serve as the2117
council's appointing authority for any employees of the council.2118
The council shall file an annual budget with its administrative2119
agent, with copies filed with the county auditor and with the2120
board of county commissioners, unless the board is serving as the2121
council's administrative agent. The council's administrative agent 2122
shall ensure that all expenditures are handled in accordance with 2123
policies, procedures, and activities prescribed by state2124
departments in rules or interagency agreements that are applicable2125
to the council's functions.2126

       The administrative agent for a county council may do any of2127
the following on behalf of the council:2128

       (i) Enter into agreements or administer contracts with public 2129
or private entities to fulfill specific council business. Such 2130
agreements and contracts are exempt from the competitive bidding 2131
requirements of section 307.86 of the Revised Code if they have 2132
been approved by the county council and they are for the purchase 2133
of family and child welfare or child protection services or other 2134
social or job and family services for families and children. The 2135
approval of the county council is not required to exempt 2136
agreements or contracts entered into under section 5139.34,2137
5139.41, or 5139.43 of the Revised Code from the competitive2138
bidding requirements of section 307.86 of the Revised Code.2139

       (ii) As determined by the council, provide financial2140
stipends, reimbursements, or both, to family representatives for2141
expenses related to council activity;2142

       (iii) Receive by gift, grant, devise, or bequest any moneys,2143
lands, or other property for the purposes for which the council is2144
established. The agent shall hold, apply, and dispose of the2145
moneys, lands, or other property according to the terms of the2146
gift, grant, devise, or bequest. Any interest or earnings shall be 2147
treated in the same manner and are subject to the same terms as2148
the gift, grant, devise, or bequest from which it accrues.2149

       (b)(i) If the county council designates the board of county2150
commissioners as its administrative agent, the board may, by2151
resolution, delegate any of its powers and duties as2152
administrative agent to an executive committee the board2153
establishes from the membership of the county council. The board2154
shall name to the executive committee at least the individuals2155
described in divisions (B)(1)(a) to (i) of this section and may 2156
appoint the president of the board or another individual as the 2157
chair of the executive committee. The executive committee must 2158
include at least one family county council representative who does 2159
not have a family member employed by an agency represented on the 2160
council.2161

       (ii) The executive committee may, with the approval of the2162
board, hire an executive director to assist the county council in2163
administering its powers and duties. The executive director shall2164
serve in the unclassified civil service at the pleasure of the2165
executive committee. The executive director may, with the approval 2166
of the executive committee, hire other employees as necessary to 2167
properly conduct the county council's business.2168

       (iii) The board may require the executive committee to submit 2169
an annual budget to the board for approval and may amend or repeal 2170
the resolution that delegated to the executive committee its 2171
authority as the county council's administrative agent.2172

       (5) Two or more county councils may enter into an agreement2173
to administer their county councils jointly by creating a regional2174
family and children first council. A regional council possesses2175
the same duties and authority possessed by a county council,2176
except that the duties and authority apply regionally rather than2177
to individual counties. Prior to entering into an agreement to2178
create a regional council, the members of each county council to2179
be part of the regional council shall meet to determine whether2180
all or part of the members of each county council will serve as2181
members of the regional council.2182

       (6) A board of county commissioners may approve a resolution2183
by a majority vote of the board's members that requires the county2184
council to submit a statement to the board each time the council2185
proposes to enter into an agreement, adopt a plan, or make a2186
decision, other than a decision pursuant to section 121.38 of the2187
Revised Code, that requires the expenditure of funds for two or2188
more families. The statement shall describe the proposed2189
agreement, plan, or decision.2190

       Not later than fifteen days after the board receives the2191
statement, it shall, by resolution approved by a majority of its2192
members, approve or disapprove the agreement, plan, or decision.2193
Failure of the board to pass a resolution during that time period2194
shall be considered approval of the agreement, plan, or decision.2195

       An agreement, plan, or decision for which a statement is2196
required to be submitted to the board shall be implemented only if2197
it is approved by the board.2198

       (C) Each county shall develop a county service coordination2199
mechanism. The county service coordination mechanism shall serve 2200
as the guiding document for coordination of services in the 2201
county. For children who also receive services under the help me 2202
grow program, the service coordination mechanism shall be 2203
consistent with rules adopted by the department of health under 2204
section 3701.61 of the Revised Code. All family service 2205
coordination plans shall be developed in accordance with the 2206
county service coordination mechanism. The mechanism shall be 2207
developed and approved with the participation of the county2208
entities representing child welfare; mental retardation and 2209
developmental disabilities; alcohol, drug addiction, and mental 2210
health services; health; juvenile judges; education; the county 2211
family and children first council; and the county early2212
intervention collaborative established pursuant to the federal 2213
early intervention program operated under the "Education of the2214
Handicapped Act Amendments of 1986." The county shall establish an 2215
implementation schedule for the mechanism. The cabinet council may 2216
monitor the implementation and administration of each county's 2217
service coordination mechanism.2218

       Each mechanism shall include all of the following:2219

       (1) A procedure for an agency, including a juvenile court, or 2220
a family voluntarily seeking service coordination, to refer the 2221
child and family to the county council for service coordination in 2222
accordance with the county service coordination mechanism;2223

       (2) A procedure ensuring that a family and all appropriate 2224
staff from involved agencies, including a representative from the 2225
appropriate school district, are notified of and invited to 2226
participate in all family service coordination plan meetings;2227

        (3) A procedure that permits a family to initiate a meeting 2228
to develop or review the family's service coordination plan and 2229
allows the family to invite a family advocate, mentor, or support 2230
person of the family's choice to participate in any such meeting;2231

        (4) A procedure for ensuring that a family service 2232
coordination plan meeting is conducted before a non-emergencyfor 2233
each child who receives service coordination under the mechanism 2234
and for whom an emergency out-of-home placement for all multi-need 2235
children, orhas been made or for whom a nonemergency out-of-home 2236
placement is being considered. The meeting shall be conducted2237
within ten days of aan emergency out-of-home placement for 2238
emergency placements of multi-need children. The meeting shall be 2239
conducted before a nonemergency out-of-home placement. The family 2240
service coordination plan shall outline how the county council 2241
members will jointly pay for services, where applicable, and 2242
provide services in the least restrictive environment.2243

        (5) A procedure for monitoring the progress and tracking the 2244
outcomes of each service coordination plan requested in the county 2245
including monitoring and tracking children in out-of-home 2246
placements to assure continued progress, appropriateness of 2247
placement, and continuity of care after discharge from placement 2248
with appropriate arrangements for housing, treatment, and 2249
education.2250

        (6) A procedure for protecting the confidentiality of all 2251
personal family information disclosed during service coordination 2252
meetings or contained in the comprehensive family service 2253
coordination plan.2254

        (7) A procedure for assessing the needs and strengths of any 2255
child or family that has been referred to the council for service 2256
coordination, including a child whose parent or custodian is 2257
voluntarily seeking services, and for ensuring that parents and 2258
custodians are afforded the opportunity to participate;2259

       (8) A procedure for development of a family service 2260
coordination plan described in division (D) of this section;2261

       (9) A local dispute resolution process to serve as the2262
process that must be used first to resolve disputes among the2263
agencies represented on the county council concerning the2264
provision of services to children, including children who are2265
abused, neglected, dependent, unruly, alleged unruly, or2266
delinquent children and under the jurisdiction of the juvenile2267
court and children whose parents or custodians are voluntarily2268
seeking services. The local dispute resolution process shall2269
comply with section 121.38 of the Revised Code. The local dispute 2270
resolution process shall be used to resolve disputes between a 2271
child's parents or custodians and the county council regarding 2272
service coordination. The county council shall inform the parents 2273
or custodians of their right to use the dispute resolution 2274
process. Parents or custodians shall use existing local agency 2275
grievance procedures to address disputes not involving service 2276
coordination. The dispute resolution process is in addition to and 2277
does not replace other rights or procedures that parents or 2278
custodians may have under other sections of the Revised Code.2279

       The cabinet council shall adopt rules in accordance with 2280
Chapter 119. of the Revised Code establishing an administrative2281
review process to address problems that arise concerning the 2282
operation of a local dispute resolution process.2283

        Nothing in division (C)(4) of this section shall be 2284
interpreted as overriding or affecting decisions of a juvenile 2285
court regarding an out-of-home placement, long-term placement, or 2286
emergency out-of-home placement.2287

       (D) Each county shall develop a comprehensive family service 2288
coordination plan that does all of the following:2289

       (1) Designates service responsibilities among the various2290
state and local agencies that provide services to children and2291
their families, including children who are abused, neglected,2292
dependent, unruly, or delinquent children and under the2293
jurisdiction of the juvenile court and children whose parents or2294
custodians are voluntarily seeking services;2295

       (2) Designates an individual, approved by the family, to 2296
track the progress of the family service coordination plan, 2297
schedule reviews as necessary, and facilitate the family service 2298
coordination plan meeting process;2299

        (3) Ensures that assistance and services to be provided are 2300
responsive to the strengths and needs of the family, as well as 2301
the family's culture, race, and ethnic group, by allowing the 2302
family to offer information and suggestions and participate in 2303
decisions. Identified assistance and services shall be provided in 2304
the least restrictive environment possible.2305

        (4) Includes a process for dealing with a child who is 2306
alleged to be an unruly child. The process shall include methods 2307
to divert the child from the juvenile court system;2308

       (5) Includes timelines for completion of goals specified in 2309
the plan with regular reviews scheduled to monitor progress toward 2310
those goals;2311

        (6) Includes a plan for dealing with short-term crisis 2312
situations and safety concerns.2313

       (E)(1) The process provided for under division (D)(4) of this 2314
section may include, but is not limited to, the following:2315

        (a) Designation of the person or agency to conduct the2316
assessment of the child and the child's family as described in2317
division (C)(7) of this section and designation of the instrument 2318
or instruments to be used to conduct the assessment;2319

       (b) An emphasis on the personal responsibilities of the child 2320
and the parental responsibilities of the parents, guardian, or 2321
custodian of the child;2322

       (c) Involvement of local law enforcement agencies and2323
officials.2324

       (2) The method to divert a child from the juvenile court2325
system that must be included in the service coordination process2326
may include, but is not limited to, the following:2327

       (a) The preparation of a complaint under section 2151.27 of2328
the Revised Code alleging that the child is an unruly child and2329
notifying the child and the parents, guardian, or custodian that2330
the complaint has been prepared to encourage the child and the2331
parents, guardian, or custodian to comply with other methods to2332
divert the child from the juvenile court system;2333

       (b) Conducting a meeting with the child, the parents,2334
guardian, or custodian, and other interested parties to determine2335
the appropriate methods to divert the child from the juvenile2336
court system;2337

        (c) A method to provide to the child and the child's family a 2338
short-term respite from a short-term crisis situation involving a 2339
confrontation between the child and the parents, guardian, or2340
custodian;2341

       (d) A program to provide a mentor to the child or the2342
parents, guardian, or custodian;2343

       (e) A program to provide parenting education to the parents,2344
guardian, or custodian;2345

       (f) An alternative school program for children who are truant 2346
from school, repeatedly disruptive in school, or suspended or 2347
expelled from school;2348

       (g) Other appropriate measures, including, but not limited2349
to, any alternative methods to divert a child from the juvenile2350
court system that are identified by the Ohio family and children2351
first cabinet council.2352

       (F) Each county may review and revise the service2353
coordination process described in division (D) of this section2354
based on the availability of funds under Title IV-A of the "Social2355
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,2356
or to the extent resources are available from any other federal,2357
state, or local funds.2358

       Sec. 122.17.  (A) As used in this section:2359

       (1) "Full-time employee" means an individual who is employed 2360
for consideration for at least thirty-five hours a week, or who 2361
renders any other standard of service generally accepted by custom 2362
or specified by contract as full-time employment.2363

       (2) "New employee" means one of the following:2364

       (a) A full-time employee first employed by a taxpayer in the 2365
project that is the subject of the agreement after the taxpayer 2366
enters into a tax credit agreement with the tax credit authority 2367
under this section;2368

       (b) A full-time employee first employed by a taxpayer in the 2369
project that is the subject of the tax credit after the tax credit 2370
authority approves a project for a tax credit under this section 2371
in a public meeting, as long as the taxpayer enters into the tax 2372
credit agreement prepared by the department of development after 2373
such meeting within sixty days after receiving the agreement from 2374
the department. If the taxpayer fails to enter into the agreement 2375
within sixty days, "new employee" has the same meaning as under 2376
division (A)(2)(a) of this section.2377

       Under division (A)(2)(a) or (b) of this section, if the tax2378
credit authority determines it appropriate, "new employee" also2379
may include an employee re-hired or called back from lay-off to2380
work in a new facility or on a new product or service established2381
or produced by the taxpayer after entering into the agreement2382
under this section or after the tax credit authority approves the2383
tax credit in a public meeting. Except as otherwise provided in 2384
this paragraph, "new employee" does not include any employee of 2385
the taxpayer who was previously employed in this state by a 2386
related member of the taxpayer and whose employment was shifted to 2387
the taxpayer after the taxpayer entered into the tax credit 2388
agreement or after the tax credit authority approved the credit in 2389
a public meeting, or any employee of the taxpayer for which the 2390
taxpayer has been granted a certificate under division (B) of 2391
section 5709.66 of the Revised Code. However, if the taxpayer is 2392
engaged in the enrichment and commercialization of uranium or 2393
uranium products or is engaged in research and development 2394
activities related thereto and if the tax credit authority 2395
determines it appropriate, "new employee" may include an employee 2396
of the taxpayer who was previously employed in this state by a 2397
related member of the taxpayer and whose employment was shifted to 2398
the taxpayer after the taxpayer entered into the tax credit 2399
agreement or after the tax credit authority approved the credit in 2400
a public meeting. "New employee" does not include an employee of 2401
the taxpayer who is employed in an employment position that was2402
relocated to a project from other operations of the taxpayer in2403
this state or from operations of a related member of the taxpayer 2404
in this state. In addition, "new employee" does not include a 2405
child, grandchild, parent, or spouse, other than a spouse who is 2406
legally separated from the individual, of any individual who is an 2407
employee of the taxpayer and who has a direct or indirect 2408
ownership interest of at least five per cent in the profits, 2409
capital, or value of the taxpayer. Such ownership interest shall 2410
be determined in accordance with section 1563 of the Internal 2411
Revenue Code and regulations prescribed thereunder.2412

       (3) "New income tax revenue" means the total amount withheld 2413
under section 5747.06 of the Revised Code by the taxpayer during 2414
the taxable year, or during the calendar year that includes the 2415
tax period, from the compensation of new employees for the tax 2416
levied under Chapter 5747. of the Revised Code.2417

       (4) "Related member" has the same meaning as under division 2418
(A)(6) of section 5733.042 of the Revised Code without regard to 2419
division (B) of that section.2420

       (B) The tax credit authority may make grants under this2421
section to foster job creation in this state. Such a grant shall2422
take the form of a refundable credit allowed against the tax2423
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied 2424
under Chapter 5751. of the Revised Code. The credit shall be 2425
claimed for the taxable years or tax periods specified in the2426
taxpayer's agreement with the tax credit authority under division2427
(D) of this section. With respect to taxes imposed under section 2428
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the 2429
credit shall be claimed in the order required under section 2430
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of 2431
the credit available for a taxable year or for a calendar year 2432
that includes a tax period equals the new income tax revenue for 2433
that year multiplied by the percentage specified in the agreement 2434
with the tax credit authority. Any credit granted under this 2435
section against the tax imposed by section 5733.06 or 5747.02 of 2436
the Revised Code, to the extent not fully utilized against such 2437
tax for taxable years ending prior to 2008, shall automatically be 2438
converted without any action taken by the tax credit authority to 2439
a credit against the tax levied under Chapter 5751. of the Revised 2440
Code for tax periods beginning on or after July 1, 2008, provided 2441
that the person to whom the credit was granted is subject to such 2442
tax. The converted credit shall apply to those calendar years in 2443
which the remaining taxable years specified in the agreement end.2444

       (C) A taxpayer or potential taxpayer who proposes a project 2445
to create new jobs in this state may apply to the tax credit 2446
authority to enter into an agreement for a tax credit under this 2447
section. The director of development shall prescribe the form of 2448
the application. After receipt of an application, the authority 2449
may enter into an agreement with the taxpayer for a credit under 2450
this section if it determines all of the following:2451

       (1) The taxpayer's project will create new jobs in this2452
state;2453

       (2) The taxpayer's project is economically sound and will2454
benefit the people of this state by increasing opportunities for2455
employment and strengthening the economy of this state;2456

       (3) Receiving the tax credit is a major factor in the2457
taxpayer's decision to go forward with the project.2458

       (D) An agreement under this section shall include all of the 2459
following:2460

       (1) A detailed description of the project that is the subject 2461
of the agreement;2462

       (2) The term of the tax credit, which shall not exceed 2463
fifteen years, and the first taxable year, or first calendar year 2464
that includes a tax period, for which the credit may be claimed;2465

       (3) A requirement that the taxpayer shall maintain operations 2466
at the project location for at least twice the number of years as 2467
the term of the tax credit;2468

       (4) The percentage, as determined by the tax credit2469
authority, of new income tax revenue that will be allowed as the2470
amount of the credit for each taxable year or for each calendar 2471
year that includes a tax period;2472

       (5) A specific method for determining how many new employees 2473
are employed during a taxable year or during a calendar year that 2474
includes a tax period;2475

       (6) A requirement that the taxpayer annually shall report to 2476
the director of development the number of new employees, the new 2477
income tax revenue withheld in connection with the new employees, 2478
and any other information the director needs to perform the 2479
director's duties under this section;2480

       (7) A requirement that the director of development annually 2481
shall verify the amounts reported under division (D)(6) of this 2482
section, and after doing so shall issue a certificate to the 2483
taxpayer stating that the amounts have been verified;2484

       (8)(a) A provision requiring that the taxpayer, except as 2485
otherwise provided in division (D)(8)(b) of this section, shall 2486
not relocate employment positions from elsewhere in this state to 2487
the project site that is the subject of the agreement for the 2488
lesser of five years from the date the agreement is entered into 2489
or the number of years the taxpayer is entitled to claim the tax 2490
credit.2491

       (b) The taxpayer may relocate employment positions from 2492
elsewhere in this state to the project site that is the subject of 2493
the agreement if the director of development determines both of 2494
the following:2495

       (i) That the site from which the employment positions would 2496
be relocated is inadequate to meet market and industry conditions, 2497
expansion plans, consolidation plans, or other business 2498
considerations affecting the taxpayer;2499

       (ii) That the legislative authority of the county, township, 2500
or municipal corporation from which the employment positions would2501
be relocated has been notified of the relocation.2502

       For purposes of this section, the movement of an employment 2503
position from one political subdivision to another political 2504
subdivision shall be considered a relocation of an employment 2505
position, but the transfer of an individual employee from one 2506
political subdivision to another political subdivision shall not 2507
be considered a relocation of an employment position as long as 2508
the individual's employment position in the first political 2509
subdivision is refilled.2510

       (E) If a taxpayer fails to meet or comply with any condition 2511
or requirement set forth in a tax credit agreement, the tax credit 2512
authority may amend the agreement to reduce the percentage or term 2513
of the tax credit. The reduction of the percentage or term shall 2514
take effect in the taxable year immediately following the taxable 2515
year in which the authority amends the agreement or in the first 2516
tax period beginning in the calendar year immediately following 2517
the calendar year in which the authority amends the agreement. If 2518
the taxpayer relocates employment positions in violation of the2519
provision required under division (D)(8)(a) of this section, the 2520
taxpayer shall not claim the tax credit under section 5733.0610 of 2521
the Revised Code for any tax years following the calendar year in 2522
which the relocation occurs, or shall not claim the tax credit 2523
under section 5725.32, 5729.032, or 5747.058 of the Revised Code 2524
for the taxable year in which the relocation occurs and any 2525
subsequent taxable years, and shall not claim the tax credit under 2526
division (A) of section 5751.50 of the Revised Code for any tax 2527
period in the calendar year in which the relocation occurs and any 2528
subsequent tax periods.2529

       (F) Projects that consist solely of point-of-final-purchase 2530
retail facilities are not eligible for a tax credit under this 2531
section. If a project consists of both point-of-final-purchase 2532
retail facilities and nonretail facilities, only the portion of 2533
the project consisting of the nonretail facilities is eligible for 2534
a tax credit and only the new income tax revenue from new 2535
employees of the nonretail facilities shall be considered when 2536
computing the amount of the tax credit. If a warehouse facility is 2537
part of a point-of-final-purchase retail facility and supplies 2538
only that facility, the warehouse facility is not eligible for a 2539
tax credit. Catalog distribution centers are not considered2540
point-of-final-purchase retail facilities for the purposes of this 2541
division, and are eligible for tax credits under this section.2542

       (G) Financial statements and other information submitted to 2543
the department of development or the tax credit authority by an 2544
applicant or recipient of a tax credit under this section, and any 2545
information taken for any purpose from such statements or2546
information, are not public records subject to section 149.43 of2547
the Revised Code. However, the chairperson of the authority may2548
make use of the statements and other information for purposes of2549
issuing public reports or in connection with court proceedings2550
concerning tax credit agreements under this section. Upon the2551
request of the tax commissioner or, if the applicant or recipient 2552
is an insurance company, upon the request of the superintendent of 2553
insurance, the chairperson of the authority shall provide to the 2554
commissioner or superintendent any statement or information2555
submitted by an applicant or recipient of a tax credit in2556
connection with the credit. The commissioner or superintendent 2557
shall preserve the confidentiality of the statement or 2558
information.2559

       (H) A taxpayer claiming a credit under this section shall2560
submit to the tax commissioner or, if the taxpayer is an insurance 2561
company, to the superintendent of insurance, a copy of the 2562
director of development's certificate of verification under 2563
division (D)(7) of this section with the taxpayer's tax report or 2564
return for the taxable year or for the calendar year that includes 2565
the tax period. However, failureFailure to submit a copy of the 2566
certificate with the report or return does not invalidate a claim 2567
for a credit if the taxpayer submits a copy of the certificate to 2568
the commissioner or superintendent within sixty days after the 2569
commissioner or superintendent requests it.2570

       (I) The director of development, after consultation with the 2571
tax commissioner and the superintendent of insurance and in 2572
accordance with Chapter 119. of the Revised Code, shall adopt 2573
rules necessary to implement this section. The rules may provide 2574
for recipients of tax credits under this section to be charged 2575
fees to cover administrative costs of the tax credit program. At 2576
the time the director gives public notice under division (A) of 2577
section 119.03 of the Revised Code of the adoption of the rules, 2578
the director shall submit copies of the proposed rules to the 2579
chairpersons of the standing committees on economic development in 2580
the senate and the house of representatives.2581

       (J) For the purposes of this section, a taxpayer may include 2582
a partnership, a corporation that has made an election under 2583
subchapter S of chapter one of subtitle A of the Internal Revenue 2584
Code, or any other business entity through which income flows as a 2585
distributive share to its owners. A credit received under this 2586
section by a partnership, S-corporation, or other such business 2587
entity shall be apportioned among the persons to whom the income 2588
or profit of the partnership, S-corporation, or other entity is 2589
distributed, in the same proportions as those in which the income 2590
or profit is distributed.2591

       (K) If the director of development determines that a taxpayer 2592
who has received a credit under this section is not complying with 2593
the requirement under division (D)(3) of this section, the 2594
director shall notify the tax credit authority of the2595
noncompliance. After receiving such a notice, and after giving the 2596
taxpayer an opportunity to explain the noncompliance, the tax2597
credit authority may require the taxpayer to refund to this state2598
a portion of the credit in accordance with the following:2599

       (1) If the taxpayer maintained operations at the project2600
location for at least one and one-half times the number of years2601
of the term of the tax credit, an amount not exceeding twenty-five 2602
per cent of the sum of any previously allowed credits under this 2603
section;2604

       (2) If the taxpayer maintained operations at the project2605
location for at least the number of years of the term of the tax2606
credit, an amount not exceeding fifty per cent of the sum of any2607
previously allowed credits under this section;2608

       (3) If the taxpayer maintained operations at the project2609
location for less than the number of years of the term of the tax2610
credit, an amount not exceeding one hundred per cent of the sum of 2611
any previously allowed credits under this section.2612

       In determining the portion of the tax credit to be refunded2613
to this state, the tax credit authority shall consider the effect2614
of market conditions on the taxpayer's project and whether the2615
taxpayer continues to maintain other operations in this state. 2616
After making the determination, the authority shall certify the2617
amount to be refunded to the tax commissioner or superintendent of 2618
insurance, as appropriate. If the amount is certified to the 2619
commissioner, the commissioner shall make an assessment for that 2620
amount against the taxpayer under Chapter 5733., 5747., or 5751. 2621
of the Revised Code. If the amount is certified to the 2622
superintendent, the superintendent shall make an assessment for 2623
that amount against the taxpayer under Chapter 5725. or 5729. of 2624
the Revised Code. The time limitations on assessments under those 2625
chapters do not apply to an assessment under this division, but 2626
the commissioner or superintendent, as appropriate, shall make the 2627
assessment within one year after the date the authority certifies 2628
to the commissioner or superintendent the amount to be refunded.2629

       (L) On or before the thirty-first day of March each year, the 2630
director of development shall submit a report to the governor, the 2631
president of the senate, and the speaker of the house of 2632
representatives on the tax credit program under this section. The 2633
report shall include information on the number of agreements that 2634
were entered into under this section during the preceding calendar 2635
year, a description of the project that is the subject of each 2636
such agreement, and an update on the status of projects under 2637
agreements entered into before the preceding calendar year.2638

       (M) There is hereby created the tax credit authority, which 2639
consists of the director of development and four other members 2640
appointed as follows: the governor, the president of the senate, 2641
and the speaker of the house of representatives each shall appoint 2642
one member who shall be a specialist in economic development; the 2643
governor also shall appoint a member who is a specialist in 2644
taxation. Of the initial appointees, the members appointed by the 2645
governor shall serve a term of two years; the members appointed by 2646
the president of the senate and the speaker of the house of 2647
representatives shall serve a term of four years. Thereafter, 2648
terms of office shall be for four years. Initial appointments to 2649
the authority shall be made within thirty days after January 13,2650
1993. Each member shall serve on the authority until the end of 2651
the term for which the member was appointed. Vacancies shall be 2652
filled in the same manner provided for original appointments. Any 2653
member appointed to fill a vacancy occurring prior to the 2654
expiration of the term for which the member's predecessor was 2655
appointed shall hold office for the remainder of that term. 2656
Members may be reappointed to the authority. Members of the 2657
authority shall receive their necessary and actual expenses while 2658
engaged in the business of the authority. The director of 2659
development shall serve as chairperson of the authority, and the 2660
members annually shall elect a vice-chairperson from among 2661
themselves. Three members of the authority constitute a quorum to 2662
transact and vote on the business of the authority. The majority 2663
vote of the membership of the authority is necessary to approve 2664
any such business, including the election of the vice-chairperson.2665

       The director of development may appoint a professional 2666
employee of the department of development to serve as the 2667
director's substitute at a meeting of the authority. The director 2668
shall make the appointment in writing. In the absence of the 2669
director from a meeting of the authority, the appointed substitute 2670
shall serve as chairperson. In the absence of both the director 2671
and the director's substitute from a meeting, the vice-chairperson2672
shall serve as chairperson.2673

       (N) For purposes of the credits granted by this section 2674
against the taxes imposed under sections 5725.18 and 5729.03 of 2675
the Revised Code, "taxable year" means the period covered by the 2676
taxpayer's annual statement to the superintendent of insurance.2677

       Sec. 122.171. (A) As used in this section:2678

       (1) "Capital investment project" means a plan of investment2679
at a project site for the acquisition, construction, renovation,2680
or repair of buildings, machinery, or equipment, or for2681
capitalized costs of basic research and new product development2682
determined in accordance with generally accepted accounting2683
principles, but does not include any of the following:2684

       (a) Payments made for the acquisition of personal property2685
through operating leases;2686

       (b) Project costs paid before January 1, 2002;2687

       (c) Payments made to a related member as defined in section2688
5733.042 of the Revised Code or to an elected consolidated 2689
taxpayer or a combined taxpayer as defined in section 5751.01 of 2690
the Revised Code.2691

       (2) "Eligible business" means a business with Ohio operations 2692
satisfying all of the following:2693

       (a) Employed an average of at least one thousand employees in 2694
full-time employment positions at a project site during each of2695
the twelve months preceding the application for a tax credit under2696
this section; and2697

       (b) On or after January 1, 2002, has made payments for the2698
capital investment project of either of the following:2699

        (i) At least two hundred million dollars in the aggregate at 2700
the project site during a period of three consecutive calendar2701
years including the calendar year that includes a day of the2702
taxpayer's taxable year or tax period with respect to which the 2703
credit is granted;2704

       (ii) If the average wage of all full-time employment 2705
positions at the project site is greater than four hundred per 2706
cent of the federal minimum wage, at least one hundred million 2707
dollars in the aggregate at the project site during a period of 2708
three consecutive calendar years including the calendar year that 2709
includes a day of the taxpayer's taxable year or tax period with 2710
respect to which the credit is granted.2711

       (c) Is engaged at the project site primarily as a2712
manufacturer or is providing significant corporate administrative2713
functions;2714

        (d) Has had a capital investment project reviewed and2715
approved by the tax credit authority as provided in divisions (C),2716
(D), and (E) of this section.2717

       (3) "Full-time employment position" means a position of2718
employment for consideration for at least thirty-five hours a week 2719
that has been filled for at least one hundred eighty days 2720
immediately preceding the filing of an application under this 2721
section and for at least one hundred eighty days during each 2722
taxable year or each calendar year that includes a tax period with 2723
respect to which the credit is granted.2724

       (4) "Manufacturer" has the same meaning as in section2725
5739.011 of the Revised Code.2726

        (5) "Project site" means an integrated complex of facilities2727
in this state, as specified by the tax credit authority under this2728
section, within a fifteen-mile radius where a taxpayer is 2729
primarily operating as an eligible business.2730

       (6) "Applicable corporation" means a corporation satisfying 2731
all of the following:2732

       (a)(i) For the entire taxable year immediately preceding the 2733
tax year, the corporation develops software applications primarily 2734
to provide telecommunication billing and information services 2735
through outsourcing or licensing to domestic or international 2736
customers.2737

       (ii) Sales and licensing of software generated at least six 2738
hundred million dollars in revenue during the taxable year 2739
immediately preceding the tax year the corporation is first 2740
entitled to claim the credit provided under division (B) of this 2741
section.2742

       (b) For the entire taxable year immediately preceding the tax 2743
year, the corporation or one or more of its related members 2744
provides customer or employee care and technical support for 2745
clients through one or more contact centers within this state, and 2746
the corporation and its related members together have a daily 2747
average, based on a three-hundred-sixty-five-day year, of at least 2748
five hundred thousand successful customer contacts through one or 2749
more of their contact centers, wherever located.2750

       (c) The corporation is eligible for the credit under division 2751
(B) of this section for the tax year.2752

       (7) "Related member" has the same meaning as in section 2753
5733.042 of the Revised Code as that section existed on the 2754
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 2755
general assembly, September 29, 1997.2756

       (8) "Successful customer contact" means a contact with an end 2757
user via telephone, including interactive voice recognition or 2758
similar means, where the contact culminates in a conversation or 2759
connection other than a busy signal or equipment busy.2760

       (9) "Telecommunications" means all forms of 2761
telecommunications service as defined in section 5739.01 of the 2762
Revised Code, and includes services in wireless, wireline, cable, 2763
broadband, internet protocol, and satellite.2764

       (10)(a) "Applicable difference" means the difference between 2765
the tax for the tax year under Chapter 5733. of the Revised Code 2766
applying the law in effect for that tax year, and the tax for that 2767
tax year if section 5733.042 of the Revised Code applied as that 2768
section existed on the effective date of its amendment by Am. Sub. 2769
H.B. 215 of the 122nd general assembly, September 29, 1997, 2770
subject to division (A)(10)(b) of this section.2771

       (b) If the tax rate set forth in division (B) of section 2772
5733.06 of the Revised Code for the tax year is less than eight 2773
and one-half per cent, the tax calculated under division 2774
(A)(10)(a) of this section shall be computed by substituting a tax 2775
rate of eight and one-half per cent for the rate set forth in 2776
division (B) of section 5733.06 of the Revised Code for the tax 2777
year.2778

       (c) If the resulting difference is negative, the applicable 2779
tax difference for the tax year shall be zero.2780

       (B) The tax credit authority created under section 122.17 of2781
the Revised Code may grant tax credits under this section for the2782
purpose of fostering job retention in this state. Upon application 2783
by an eligible business and upon consideration of the2784
recommendation of the director of budget and management, tax2785
commissioner, and director of development under division (C) of2786
this section, the tax credit authority may grant to an eligible2787
business a nonrefundable credit against the tax imposed by section2788
5733.06 or 5747.02 or levied under Chapter 5751. of the Revised 2789
Code for a period up to fifteen taxable years and against the tax 2790
levied by Chapter 5751. of the Revised Code for a period of up to 2791
fifteen calendar years. The credit shall be in an amount not 2792
exceeding seventy-five per cent of the Ohio income tax withheld2793
from the employees of the eligible business occupying full-time 2794
employment positions at the project site during the calendar year 2795
that includes the last day of such business' taxable year or tax 2796
period with respect to which the credit is granted. The amount of 2797
the credit shall not be based on the Ohio income tax withheld from 2798
full-time employees for a calendar year prior to the calendar year 2799
in which the minimum investment requirement referred to in2800
division (A)(2)(b) of this section is completed. The credit shall2801
be claimed only for the taxable years or tax periods specified in 2802
the eligible business' agreement with the tax credit authority2803
under division (E) of this section, but in no event shall the2804
credit be claimed for a taxable year or tax period terminating 2805
before the date specified in the agreement. Any credit granted 2806
under this section against the tax imposed by section 5733.06 or 2807
5747.02 of the Revised Code, to the extent not fully utilized 2808
against such tax for taxable years ending prior to 2008, shall 2809
automatically be converted without any action taken by the tax 2810
credit authority to a credit against the tax levied under Chapter 2811
5751. of the Revised Code for tax periods beginning on or after 2812
July 1, 2008, provided that the person to whom the credit was 2813
granted is subject to such tax. The converted credit shall apply 2814
to those calendar years in which the remaining taxable years 2815
specified in the agreement end.2816

       The credit computed under this division is in addition to any 2817
credit allowed under division (M) of this section which the tax 2818
credit authority may also include in the agreement.2819

       Any unused portion of a tax credit may be carried forward for2820
not more than three additional years after the year for which the2821
credit is granted.2822

       (C) A taxpayer that proposes a capital investment project to2823
retain jobs in this state may apply to the tax credit authority to2824
enter into an agreement for a tax credit under this section. The2825
director of development shall prescribe the form of the2826
application. After receipt of an application, the authority shall2827
forward copies of the application to the director of budget and2828
management, the tax commissioner, and the director of development,2829
each of whom shall review the application to determine the2830
economic impact the proposed project would have on the state and2831
the affected political subdivisions and shall submit a summary of2832
their determinations and recommendations to the authority. 2833

       (D) Upon review of the determinations and recommendations2834
described in division (C) of this section, the tax credit2835
authority may enter into an agreement with the taxpayer for a2836
credit under this section if the authority determines all of the 2837
following:2838

       (1) The taxpayer's capital investment project will result in2839
the retention of full-time employment positions in this state.2840

       (2) The taxpayer is economically sound and has the ability to 2841
complete the proposed capital investment project.2842

       (3) The taxpayer intends to and has the ability to maintain2843
operations at the project site for at least twice the term of the2844
credit.2845

       (4) Receiving the credit is a major factor in the taxpayer's2846
decision to begin, continue with, or complete the project.2847

       (5) The political subdivisions in which the project is2848
located have agreed to provide substantial financial support to2849
the project.2850

       (E) An agreement under this section shall include all of the2851
following:2852

       (1) A detailed description of the project that is the subject 2853
of the agreement, including the amount of the investment, the 2854
period over which the investment has been or is being made, and 2855
the number of full-time employment positions at the project site.2856

       (2) The method of calculating the number of full-time2857
employment positions as specified in division (A)(3) of this2858
section.2859

       (3) The term and percentage of the tax credit, and the first 2860
year for which the credit may be claimed.2861

       (4) A requirement that the taxpayer maintain operations at2862
the project site for at least twice the number of years as the2863
term of the credit.2864

       (5) A requirement that the taxpayer retain a specified number 2865
of full-time employment positions at the project site and within 2866
this state for the term of the credit, including a requirement 2867
that the taxpayer continue to employ at least one thousand 2868
employees in full-time employment positions at the project site 2869
during the entire term of any agreement, subject to division 2870
(E)(7) of this section.2871

       (6) A requirement that the taxpayer annually report to the2872
director of development the number of full-time employment2873
positions subject to the credit, the amount of tax withheld from2874
employees in those positions, the amount of the payments made for2875
the capital investment project, and any other information the2876
director needs to perform the director's duties under this2877
section.2878

       (7) A requirement that the director of development annually2879
review the annual reports of the taxpayer to verify the2880
information reported under division (E)(6) of this section and2881
compliance with the agreement. Upon verification, the director2882
shall issue a certificate to the taxpayer stating that the2883
information has been verified and identifying the amount of the2884
credit for the taxable year. Unless otherwise specified by the tax 2885
credit authority in a resolution and included as part of the 2886
agreement, the director shall not issue a certificate for any year 2887
in which the total number of filled full-time employment positions 2888
for each day of the calendar year divided by three hundred 2889
sixty-five is less than ninety per cent of the full-time 2890
employment positions specified in division (E)(5) of this section. 2891
In determining the number of full-time employment positions, no 2892
position shall be counted that is filled by an employee who is 2893
included in the calculation of a tax credit under section 122.17 2894
of the Revised Code.2895

       (8)(a) A provision requiring that the taxpayer, except as2896
otherwise provided in division (E)(8)(b) of this section, shall2897
not relocate employment positions from elsewhere in this state to2898
the project site that is the subject of the agreement for the2899
lesser of five years from the date the agreement is entered into2900
or the number of years the taxpayer is entitled to claim the2901
credit.2902

       (b) The taxpayer may relocate employment positions from2903
elsewhere in this state to the project site that is the subject of2904
the agreement if the director of development determines both of2905
the following:2906

       (i) That the site from which the employment positions would2907
be relocated is inadequate to meet market and industry conditions,2908
expansion plans, consolidation plans, or other business2909
considerations affecting the taxpayer;2910

       (ii) That the legislative authority of the county, township,2911
or municipal corporation from which the employment positions would2912
be relocated has been notified of the relocation.2913

       For purposes of this section, the movement of an employment2914
position from one political subdivision to another political2915
subdivision shall be considered a relocation of an employment2916
position unless the movement is confined to the project site. The2917
transfer of an individual employee from one political subdivision2918
to another political subdivision shall not be considered a2919
relocation of an employment position as long as the individual's2920
employment position in the first political subdivision is2921
refilled.2922

       (9) A waiver by the taxpayer of any limitations periods2923
relating to assessments or adjustments resulting from the2924
taxpayer's failure to comply with the agreement.2925

       (F) If a taxpayer fails to meet or comply with any condition2926
or requirement set forth in a tax credit agreement, the tax credit2927
authority may amend the agreement to reduce the percentage or term2928
of the credit. The reduction of the percentage or term shall take2929
effect in the taxable year immediately following the taxable year2930
in which the authority amends the agreement or in the first tax 2931
period beginning in the calendar year immediately following the 2932
calendar year in which the authority amends the agreement. If the 2933
taxpayer relocates employment positions in violation of the 2934
provision required under division (D)(8)(a) of this section, the 2935
taxpayer shall not claim the tax credit under section 5733.0610 of 2936
the Revised Code for any tax years following the calendar year in2937
which the relocation occurs, shall not claim the tax credit under 2938
section 5747.058 of the Revised Code for the taxable year in which 2939
the relocation occurs and any subsequent taxable years, and shall 2940
not claim the tax credit under division (A) of section 5751.50 of 2941
the Revised Code for the tax period in which the relocation occurs 2942
and any subsequent tax periods.2943

       (G) Financial statements and other information submitted to2944
the department of development or the tax credit authority by an2945
applicant for or recipient of a tax credit under this section, and2946
any information taken for any purpose from such statements or2947
information, are not public records subject to section 149.43 of2948
the Revised Code. However, the chairperson of the authority may2949
make use of the statements and other information for purposes of2950
issuing public reports or in connection with court proceedings2951
concerning tax credit agreements under this section. Upon the2952
request of the tax commissioner, the chairperson of the authority2953
shall provide to the commissioner any statement or other2954
information submitted by an applicant for or recipient of a tax2955
credit in connection with the credit. The commissioner shall2956
preserve the confidentiality of the statement or other2957
information.2958

       (H) A taxpayer claiming a tax credit under this section shall 2959
submit to the tax commissioner a copy of the director of2960
development's certificate of verification under division (E)(7) of2961
this section with the taxpayer's tax report or return for the 2962
taxable year or for the calendar year that includes the tax 2963
period. However, failureFailure to submit a copy of the 2964
certificate with the report or return does not invalidate a claim 2965
for a credit if the taxpayer submits a copy of the certificate to 2966
the commissioner within sixty days after the commissioner requests 2967
it.2968

       (I) For the purposes of this section, a taxpayer may include2969
a partnership, a corporation that has made an election under2970
subchapter S of chapter one of subtitle A of the Internal Revenue2971
Code, or any other business entity through which income flows as a2972
distributive share to its owners. A tax credit received under this 2973
section by a partnership, S-corporation, or other such business 2974
entity shall be apportioned among the persons to whom the income 2975
or profit of the partnership, S-corporation, or other entity is 2976
distributed, in the same proportions as those in which the income 2977
or profit is distributed.2978

       (J) If the director of development determines that a taxpayer 2979
that received a tax credit under this section is not complying 2980
with the requirement under division (E)(4) of this section, the2981
director shall notify the tax credit authority of the2982
noncompliance. After receiving such a notice, and after giving the 2983
taxpayer an opportunity to explain the noncompliance, the2984
authority may terminate the agreement and require the taxpayer to2985
refund to the state all or a portion of the credit claimed in2986
previous years, as follows:2987

        (1) If the taxpayer maintained operations at the project site 2988
for less than the term of the credit, the amount required to be 2989
refunded shall not exceed the amount of any tax credits previously 2990
allowed and received under this section.2991

        (2) If the taxpayer maintained operations at the project site 2992
longer than the term of the credit but less than one and one-half 2993
times the term of the credit, the amount required to be refunded 2994
shall not exceed fifty per cent of the sum of any tax credits 2995
previously allowed and received under this section.2996

        (3) If the taxpayer maintained operations at the project site 2997
for at least one and one-half times the term of the credit but 2998
less than twice the term of the credit, the amount required to be 2999
refunded shall not exceed twenty-five per cent of the sum of any 3000
tax credits previously allowed and received under this section.3001

       In determining the portion of the credit to be refunded to3002
this state, the authority shall consider the effect of market3003
conditions on the taxpayer's project and whether the taxpayer3004
continues to maintain other operations in this state. After making 3005
the determination, the authority shall certify the amount to be 3006
refunded to the tax commissioner. The commissioner shall make an 3007
assessment for that amount against the taxpayer under Chapter 3008
5733., 5747., or 5751. of the Revised Code. The time limitations3009
on assessments under those chapters do not apply to an assessment 3010
under this division, but the commissioner shall make the 3011
assessment within one year after the date the authority certifies 3012
to the commissioner the amount to be refunded.3013

       If the director of development determines that a taxpayer3014
that received a tax credit under this section has reduced the3015
number of employees agreed to under division (E)(5) of this3016
section by more than ten per cent, the director shall notify the3017
tax credit authority of the noncompliance. After receiving such3018
notice, and after providing the taxpayer an opportunity to explain3019
the noncompliance, the authority may amend the agreement to reduce3020
the percentage or term of the tax credit. The reduction in the3021
percentage or term shall take effect in the taxable year, or in 3022
the calendar year that includes the tax period, in which the 3023
authority amends the agreement.3024

       (K) The director of development, after consultation with the3025
tax commissioner and in accordance with Chapter 119. of the3026
Revised Code, shall adopt rules necessary to implement this3027
section. The rules may provide for recipients of tax credits under 3028
this section to be charged fees to cover administrative costs of 3029
the tax credit program. At the time the director gives public 3030
notice under division (A) of section 119.03 of the Revised Code of 3031
the adoption of the rules, the director shall submit copies of the 3032
proposed rules to the chairpersons of the standing committees on 3033
economic development in the senate and the house of3034
representatives.3035

       (L) On or before the thirty-first day of March of each year,3036
the director of development shall submit a report to the governor,3037
the president of the senate, and the speaker of the house of3038
representatives on the tax credit program under this section. The3039
report shall include information on the number of agreements that3040
were entered into under this section during the preceding calendar3041
year, a description of the project that is the subject of each3042
such agreement, and an update on the status of projects under3043
agreements entered into before the preceding calendar year.3044

       (M)(1) A nonrefundable credit shall be allowed to an 3045
applicable corporation and its related members in an amount equal 3046
to the applicable difference. The credit is in addition to the 3047
credit granted to the corporation or related members under 3048
division (B) of this section. The credit is subject to divisions 3049
(B) to (E) and division (J) of this section.3050

       (2) A person qualifying as an applicable corporation under 3051
this section for a tax year does not necessarily qualify as an 3052
applicable corporation for any other tax year. No person is 3053
entitled to the credit allowed under division (M) of this section 3054
for the tax year immediately following the taxable year during 3055
which the person fails to meet the requirements in divisions 3056
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled 3057
to the credit allowed under division (M) of this section for any 3058
tax year for which the person is not eligible for the credit 3059
provided under division (B) of this section.3060

       Sec. 122.72.  (A) There is hereby created the minority3061
development financing advisory board to assist in carrying out the 3062
programs created pursuant to sections 122.71 to 122.90122.89 of 3063
the Revised Code.3064

       (B) The board shall consist of ten members. The director of 3065
development or the director's designee shall be a voting member on 3066
the board. Seven members shall be appointed by the governor with 3067
the advice and consent of the senate and selected because of their 3068
knowledge of and experience in industrial, business, and 3069
commercial financing, suretyship, construction, and their 3070
understanding of the problems of minority business enterprises; 3071
one member also shall be a member of the senate and appointed by 3072
the president of the senate, and one member also shall be a member 3073
of the house of representatives and appointed by the speaker of 3074
the house of representatives. With respect to the board, all of 3075
the following apply:3076

       (1) Not more than four of the members of the board appointed 3077
by the governor shall be of the same political party.3078

       (2) Each member shall hold office from the date of the 3079
member's appointment until the end of the term for which the 3080
member was appointed.3081

       (3) The terms of office for the seven members appointed by 3082
the governor shall be for seven years, commencing on the first day 3083
of October and ending on the thirtieth day of September of the 3084
seventh year, except that of the original seven members, three 3085
shall be appointed for three years and two shall be appointed for 3086
five years.3087

       (4) Any member of the board is eligible for reappointment.3088

       (5) Any member appointed to fill a vacancy occurring prior to 3089
the expiration of the term for which the member's predecessor was 3090
appointed shall hold office for the remainder of the predecessor's 3091
term.3092

       (6) Any member shall continue in office subsequent to the 3093
expiration date of the member's term until the member's successor 3094
takes office, or until a period of sixty days has elapsed, 3095
whichever occurs first.3096

       (7) Before entering upon official duties as a member of the 3097
board, each member shall take an oath as provided by Section 7 of 3098
Article XV, Ohio Constitution.3099

       (8) The governor may, at any time, remove any member 3100
appointed by the governor pursuant to section 3.04 of the Revised 3101
Code.3102

       (9) Notwithstanding section 101.26 of the Revised Code, 3103
members shall receive their necessary and actual expenses while 3104
engaged in the business of the board and shall be paid at the per 3105
diem rate of step 1 of pay range 31 of section 124.15 of the 3106
Revised Code.3107

       (10) Six members of the board constitute a quorum and the 3108
affirmative vote of six members is necessary for any action taken 3109
by the board.3110

       (11) In the event of the absence of a member appointed by the3111
president of the senate or by the speaker of the house of3112
representatives, either of the following persons may serve in the 3113
member's absence:3114

       (a) The president of the senate or the speaker of the house 3115
of representatives, whoever appointed the absent member;3116

       (b) A member of the senate or of the house of representatives3117
of the same political party as the absent member, as designated by 3118
the president of the senate or the speaker of the house of 3119
representatives, whoever appointed the absent member.3120

       (12) The board shall annually elect one of its members as 3121
chairperson and another as vice-chairperson.3122

       Sec. 122.73.  (A) The minority development financing advisory 3123
board and the director of development are invested with the powers 3124
and duties provided in sections 122.71 to 122.90122.89 of the 3125
Revised Code, in order to promote the welfare of the people of the 3126
state by encouraging the establishment and expansion of minority 3127
business enterprises; to stabilize the economy; to provide 3128
employment; to assist in the development within the state of 3129
industrial, commercial, distribution, and research activities 3130
required for the people of the state, and for their gainful 3131
employment; or otherwise to create or preserve jobs and employment 3132
opportunities, or improve the economic welfare of the people of 3133
the state. It is hereby determined that the accomplishment of 3134
those purposes is essential so that the people of the state may 3135
maintain their present high standards of living in comparison with 3136
the people of other states and so that opportunities for 3137
employment and for favorable markets for the products of the 3138
state's natural resources, agriculture, and manufacturing shall be 3139
improved. It further is determined that it is necessary for the3140
state to establish the programs authorized under sections 122.71 3141
to 122.90122.89 of the Revised Code to establish the minority 3142
development financing advisory board, and to invest it and the 3143
director of development with the powers and duties provided in 3144
sections 122.71 to 122.90122.89 of the Revised Code.3145

       (B) The minority development financing advisory board shall3146
do all of the following:3147

       (1) Make recommendations to the director as to applications 3148
for assistance pursuant to sections 122.71 to 122.90122.89 of the 3149
Revised Code. The board may revise its recommendations to reflect 3150
any changes in the proposed assistance made by the director.3151

       (2) Advise the director in the administration of sections 3152
122.71 to 122.90122.89 of the Revised Code.3153

       (3) Adopt bylaws to govern the conduct of the business of the 3154
board.3155

       Sec. 122.74.  (A)(1) The director of development shall do all 3156
of the following:3157

       (a) Receive applications for assistance under sections 122.71 3158
to 122.89 of the Revised Code and applications from surety 3159
companies for bond guarantees under section 122.90 of the Revised 3160
Code, and, after processing but subject to division (A)(2) of this 3161
section, forward them to the minority development financing 3162
advisory board together with necessary supporting information;3163

       (b) Receive the recommendations of the board and make a final 3164
determination whether to approve the application for assistance;3165

       (c) Receive recommendations from a regional economic 3166
development entity for loans made under section 122.76 of the 3167
Revised Code and make a final determination, notwithstanding 3168
divisions (A)(1) and (2) of this section, whether to approve the 3169
proposed loan;3170

        (d) Transmit the director's determinations to approve 3171
assistance to the controlling board unless such assistance falls 3172
under section 122.90 of the Revised Code and has been previously 3173
approved by the controlling board, together with any information 3174
the controlling board requires for its review and decision as to 3175
whether to approve the assistance.3176

       (2) The director is not required to submit any determination, 3177
data, terms, or any other application materials or information to 3178
the minority development financing advisory board when provision 3179
of the assistance has been recommended to the director by a 3180
regional economic development entity or when an application for a 3181
surety company for bond guarantees under section 122.90 of the 3182
Revised Code has been previously approved by the controlling 3183
board.3184

       (B) The director may do all of the following:3185

       (1) Fix the rate of interest and charges to be made upon or 3186
with respect to moneys loaned or guaranteed by the director and 3187
the terms upon which mortgages and lease rentals may be guaranteed 3188
and the rates of charges to be made for them and make provisions 3189
for the operation of the funds established by the director in 3190
accordance with this section and sections 122.80, 122.88, and 3191
122.90 of the Revised Code;3192

       (2) Loan and guarantee moneys from the fund established in3193
accordance with section 122.80 of the Revised Code pursuant to and 3194
in compliance with sections 122.71 to 122.90 of the Revised Code.3195

       (3) Acquire in the name of the director any property of any 3196
kind or character in accordance with sections 122.71 to 122.90 of 3197
the Revised Code, by purchase, purchase at foreclosure, or 3198
exchange on such terms and in such manner as the director 3199
considers proper;3200

       (4) Make and enter into all contracts and agreements3201
necessary or incidental to the performance of the director's 3202
duties and the exercise of the director's powers under sections 3203
122.71 to 122.90 of the Revised Code;3204

       (5) Maintain, protect, repair, improve, and insure any3205
property that the director has acquired and dispose of it by sale, 3206
exchange, or lease for the consideration and on the terms and in 3207
the manner as the director considers proper, but the director 3208
shall not operate any such property as a business except as the 3209
lessor of it;3210

       (6)(a) When the cost of any contract for the maintenance,3211
protection, repair, or improvement of any property held by the 3212
director, other than compensation for personal services, involves 3213
an expenditure of more than fifty thousand dollars, the director 3214
shall make a written contract with the lowest responsive and 3215
responsible bidder in accordance with section 9.312 of the Revised 3216
Code after advertisement for not less than two consecutive weeks3217
in a newspaper of general circulation in the county where such 3218
contract, or some substantial part of it, is to be performed, and 3219
in such other publications as the director determines, which 3220
notice shall state the general character of the work and the3221
general character of the materials to be furnished, the place 3222
where plans and specifications therefor may be examined, and the 3223
time and place of receiving bids.3224

       (b) Each bid for a contract for the construction, demolition,3225
alteration, repair, or reconstruction of an improvement shall 3226
contain the full name of every person interested in it and meet 3227
the requirements of section 153.54 of the Revised Code.3228

       (c) Each bid for a contract, except as provided in division3229
(B)(6)(b) of this section, shall contain the full name of every 3230
person interested in it and shall be accompanied by bond or 3231
certified check on a solvent bank, in such amount as the director 3232
considers sufficient, that if the bid is accepted a contract will 3233
be entered into and the performance of the proposal secured.3234

       (d) The director may reject any and all bids.3235

       (e) A bond with good and sufficient surety, approved by the3236
director, shall be required of every contractor awarded a contract 3237
except as provided in division (B)(6)(b) of this section, in an 3238
amount equal to at least fifty per cent of the contract price, 3239
conditioned upon faithful performance of the contract.3240

       (7) Employ or contract with financial consultants,3241
appraisers, consulting engineers, superintendents, managers, 3242
construction and accounting experts, attorneys, and other 3243
employees and agents as are necessary in the director's judgment 3244
and fix their compensation;3245

       (8) Receive and accept grants, gifts, and contributions of 3246
money, property, labor, and other things of value to be held, 3247
used, and applied only for the purpose for which the grants, 3248
gifts, and contributions are made, from individuals, private and 3249
public corporations, from the United States or any agency thereof, 3250
from the state or any agency thereof, and from any political 3251
subdivision of the state, and may agree to repay any contribution 3252
of money or to return any property contributed or the value3253
thereof at such times, in amounts, and on terms and conditions,3254
excluding the payment of interest, as the director determines at 3255
the time the contribution is made, and may evidence the 3256
obligations by notes, bonds, or other written instruments;3257

       (9) Establish with the treasurer of state the funds provided 3258
in sections 122.80 and 122.88 of the Revised Code in addition to 3259
such funds as the director determines are necessary or proper;3260

       (10) Adopt rules under Chapter 119. of the Revised Code3261
necessary to implement sections 122.71 to 122.90 of the Revised 3262
Code.3263

       (11) Do all acts and things necessary or proper to carry out 3264
the powers expressly granted and the duties imposed in sections 3265
122.71 to 122.90 of the Revised Code.3266

       (C)(1) All expenses and obligations incurred by the director 3267
in carrying out the director's powers and in exercising the3268
director's duties under sections 122.71 to 122.90 of the Revised 3269
Code shall be payable solely from revenues or other receipts or 3270
income of the director, from grants, gifts, and contributions, or 3271
funds established in accordance with such sections. Such sections 3272
do not authorize the director to incur indebtedness or to impose 3273
liability on the state or any political subdivision of the state.3274

       (2) Financial statements and other data submitted to the 3275
director by any corporation, partnership, or person in connection 3276
with financial assistance provided under sections 122.71 to 122.90 3277
of the Revised Code, or any information taken from such statements 3278
or data for any purpose, shall not be open to public inspection.3279

       Sec. 122.90.  (A) The director of development may guarantee 3280
bonds executed by sureties for minority businesses and EDGE 3281
business enterprises certified under section 123.152 of the 3282
Revised Code as principals on contracts with the state, any 3283
political subdivision or instrumentality, or any person as the 3284
obligee. The director, as guarantor, may exercise all the rights 3285
and powers of a company authorized by the department of insurance 3286
to guarantee bonds under Chapter 3929. of the Revised Code but 3287
otherwise is not subject to any laws related to a guaranty company 3288
under Title XXXIX of the Revised Code nor to any rules of the 3289
department of insurance.3290

       (B) The director shall adopt rules under Chapter 119. of the 3291
Revised Code to establish procedures for the application for bond 3292
guarantees and the review and approval of applications for bond 3293
guarantees submitted by sureties that execute bonds eligible for 3294
guarantees under division (A) of this section.3295

       (C) In accordance with rules adopted pursuant to this 3296
section, the director may guarantee up to ninety per cent of the 3297
loss incurred and paid by sureties on bonds guaranteed under 3298
division (A) of this section.3299

       (D) The penal sum amounts of all outstanding guarantees made 3300
by the director under this section shall not exceed three times 3301
the difference between the amount of moneys in the minority 3302
business bonding fund and available to the fund under division (B) 3303
of section 169.05 of the Revised Code and the amount of all 3304
outstanding bonds issued by the director in accordance with 3305
division (A) of section 122.89 of the Revised Code.3306

       (E) The director of development, with controlling board 3307
approval, may approve one application per fiscal year from each 3308
surety bond company for bond guarantees in an amount requested to 3309
support one fiscal year of that company's activity under this 3310
section. A surety bond company that applies for a bond guarantee 3311
under this division, whether or not the guarantee is approved, is 3312
not restricted from also applying for individual bond guarantees 3313
under division (A) of this section.3314

       Sec. 124.09.  The director of administrative services shall 3315
do all of the following:3316

       (A) Prescribe, amend, and enforce administrative rules for3317
the purpose of carrying out the functions, powers, and duties3318
vested in and imposed upon the director by this chapter. Except 3319
in the case of rules adopted pursuant to section 124.14 of the 3320
Revised Code, the prescription, amendment, and enforcement of 3321
rules under this division are subject to approval, disapproval, or3322
modification by the state personnel board of review.3323

       (B) Keep records of the director's proceedings and records of 3324
all applications for examinations and all examinations conducted 3325
by the director. All such records, except examinations and 3326
recommendations of former employers, shall be open to public 3327
inspection under reasonable regulations; provided the governor, or 3328
any person designated by the governor, may, for the purpose of 3329
investigation, have free access to all such records, whenever the 3330
governor has reason to believe that this chapter, or the 3331
administrative rules of the director prescribed under such 3332
sections, are being violated.3333

       (C) Prepare, continue, and keep in the office of the3334
department a complete roster of all persons in the classified3335
service who are paid directly by warrant of the auditor of state3336
director of budget and management. This roster shall be open to 3337
public inspection at all reasonable hours. It shall show in 3338
reference to each of those persons, the person's name, address, 3339
date of appointment to or employment in the classified service,3340
and salary or compensation, the title of the place or office that 3341
the person holds, the nature of the duties of that place or 3342
office, and, in case of the person's removal or resignation, the 3343
date of the termination of that service.3344

       (D) Approve the establishment of all new positions in the3345
civil service of the state and the reestablishment of abolished3346
positions.3347

       (E) Require the abolishment of any position in the civil3348
service of the state that is not filled after a period of twelve3349
months unless it is determined that the position is seasonal in3350
nature or that the vacancy is otherwise justified.3351

       (F) Make investigations concerning all matters touching the 3352
enforcement and effect of this chapter and the administrative 3353
rules of the director of administrative services prescribed under 3354
this chapter. In the course of such investigations, the director 3355
or the director's deputy may administer oaths and affirmations and 3356
take testimony relative to any matter which the director has 3357
authority to investigate.3358

       (G) Have the power to subpoena and require the attendance and 3359
testimony of witnesses and the production of books, papers, public 3360
records, and other documentary evidence pertinent to the3361
investigations, inquiries, or hearings on any matter which the3362
director has authority to investigate, inquire into or hear, and 3363
to examine them in relation to any matter which the director has 3364
authority to investigate, inquire into, or hear. Fees shall be 3365
allowed to witnesses, and on their certificate, duly audited, 3366
shall be paid by the treasurer of state, or in the case of 3367
municipal or civil service township civil service commissions by 3368
the county treasurer, for attendance and traveling, as is provided 3369
in section 2335.06 of the Revised Code for witnesses in courts of3370
record. All officers in the civil service of the state or any of3371
the political subdivisions thereof and their deputies, clerks, and 3372
employees shall attend and testify when summoned to do so by the 3373
director or the state personnel board of review. Depositions of 3374
witnesses may be taken by the director or the board, or any member 3375
thereof, in the manner prescribed by law for like depositions in 3376
civil actions in the courts of common pleas. In case any person, 3377
in disobedience to any subpoena issued by the director or the 3378
board, or any member thereof, or the chief examiner, fails or 3379
refuses to attend and testify to any matter regarding which the 3380
person may be lawfully interrogated, or produce any documentary 3381
evidence pertinent to any investigation, inquiry, or hearing, the 3382
court of common pleas of any county, or any judge thereof, where 3383
such disobedience, failure, or refusal occurs, upon application of 3384
the director or the board, or any member thereof, or a municipal 3385
or civil service township civil service commission, or any 3386
commissioner thereof, or their chief examiner, shall compel 3387
obedience by attachment proceedings for contempt as in the case of 3388
disobedience of the requirements of a subpoena issued from such 3389
courts or a refusal to testify therein.3390

       (H) Make a report to the governor, on or before the first day 3391
of January of each year, showing the director's actions, the rules3392
and all exceptions thereto in force, and any recommendations for3393
the more effectual accomplishment of the purposes of this chapter. 3394
The director shall also furnish any special reports to the 3395
governor whenever the governor requests them. Such reports shall 3396
be printed for public distribution under the same regulations as 3397
are the reports of other state officers, boards, or commissions.3398

       Sec. 124.11.  The civil service of the state and the several 3399
counties, cities, civil service townships, city health districts, 3400
general health districts, and city school districts thereof shall 3401
be divided into the unclassified service and the classified 3402
service.3403

       (A) The unclassified service shall comprise the following3404
positions, which shall not be included in the classified service,3405
and which shall be exempt from all examinations required by this3406
chapter:3407

       (1) All officers elected by popular vote or persons appointed 3408
to fill vacancies in such offices;3409

       (2) All election officers as defined in section 3501.01 of3410
the Revised Code;3411

       (3) The members of all boards and commissions, and heads of 3412
principal departments, boards, and commissions appointed by the 3413
governor or by and with the governor's consent; and the members of 3414
all boards and commissions and all heads of departments appointed 3415
by the mayor, or, if there is no mayor, such other similar chief3416
appointing authority of any city or city school district; except3417
as otherwise provided in division (A)(17) or (C) of this section,3418
this chapter does not exempt the chiefs of police departments and3419
chiefs of fire departments of cities or civil service townships3420
from the competitive classified service;3421

       (4) The members of county or district licensing boards or3422
commissions and boards of revision, and deputy county auditors;3423

       (5) All officers and employees elected or appointed by either 3424
or both branches of the general assembly, and such employees of 3425
the city legislative authority as are engaged in legislative 3426
duties;3427

       (6) All commissioned, warrant, and noncommissioned officers 3428
and enlisted persons in the Ohio organized militia, including3429
military appointees in the adjutant general's department;3430

       (7)(a) All presidents, business managers, administrative3431
officers, superintendents, assistant superintendents, principals,3432
deans, assistant deans, instructors, teachers, and such employees3433
as are engaged in educational or research duties connected with3434
the public school system, colleges, and universities, as3435
determined by the governing body of the public school system,3436
colleges, and universities;3437

       (b) The library staff of any library in the state supported 3438
wholly or in part at public expense.3439

       (8) Four clerical and administrative support employees for3440
each of the elective state officers; and three clerical and3441
administrative support employees for other elective officers and3442
each of the principal appointive executive officers, boards, or3443
commissions, except for civil service commissions, that are3444
authorized to appoint such clerical and administrative support3445
employees;3446

       (9) The deputies and assistants of state agencies authorized 3447
to act for and on behalf of the agency, or holding a fiduciary or 3448
administrative relation to that agency and those persons employed 3449
by and directly responsible to elected county officials or a 3450
county administrator and holding a fiduciary or administrative 3451
relationship to such elected county officials or county3452
administrator, and the employees of such county officials whose 3453
fitness would be impracticable to determine by competitive 3454
examination, provided that division (A)(9) of this section shall 3455
not affect those persons in county employment in the classified 3456
service as of September 19, 1961. Nothing in division (A)(9) of 3457
this section applies to any position in a county department of job 3458
and family services created pursuant to Chapter 329. of the 3459
Revised Code.3460

       (10) Bailiffs, constables, official stenographers, and3461
commissioners of courts of record, deputies of clerks of the3462
courts of common pleas who supervise, or who handle public moneys3463
or secured documents, and such officers and employees of courts of 3464
record and such deputies of clerks of the courts of common pleas 3465
as the director of administrative services finds it impracticable 3466
to determine their fitness by competitive examination;3467

       (11) Assistants to the attorney general, special counsel3468
appointed or employed by the attorney general, assistants to3469
county prosecuting attorneys, and assistants to city directors of3470
law;3471

       (12) Such teachers and employees in the agricultural3472
experiment stations; such students in normal schools, colleges,3473
and universities of the state who are employed by the state or a3474
political subdivision of the state in student or intern3475
classifications; and such unskilled labor positions as the3476
director of administrative services or any municipal civil service 3477
commission may find it impracticable to include in the competitive 3478
classified service; provided such exemptions shall be by order of 3479
the commission or the director, duly entered on the record of the 3480
commission or the director with the reasons for each such 3481
exemption;3482

       (13) Any physician or dentist who is a full-time employee of 3483
the department of mental health or the department of mental3484
retardation and developmental disabilities or of an institution3485
under the jurisdiction of either department; and physicians who3486
are in residency programs at the institutions;3487

       (14) Up to twenty positions at each institution under the3488
jurisdiction of the department of mental health or the department3489
of mental retardation and developmental disabilities that the3490
department director determines to be primarily administrative or3491
managerial; and up to fifteen positions in any division of either3492
department, excluding administrative assistants to the director3493
and division chiefs, which are within the immediate staff of a3494
division chief and which the director determines to be primarily3495
and distinctively administrative and managerial;3496

       (15) Noncitizens of the United States employed by the state, 3497
or its counties or cities, as physicians or nurses who are duly 3498
licensed to practice their respective professions under the laws 3499
of Ohio, or medical assistants, in mental or chronic disease 3500
hospitals, or institutions;3501

       (16) Employees of the governor's office;3502

       (17) Fire chiefs and chiefs of police in civil service3503
townships appointed by boards of township trustees under section3504
505.38 or 505.49 of the Revised Code;3505

       (18) Executive directors, deputy directors, and program3506
directors employed by boards of alcohol, drug addiction, and3507
mental health services under Chapter 340. of the Revised Code, and 3508
secretaries of the executive directors, deputy directors, and3509
program directors;3510

       (19) Superintendents, and management employees as defined in 3511
section 5126.20 of the Revised Code, of county boards of mental 3512
retardation and developmental disabilities;3513

       (20) Physicians, nurses, and other employees of a county3514
hospital who are appointed pursuant to sections 339.03 and 339.063515
of the Revised Code;3516

       (21) The executive director of the state medical board, who 3517
is appointed pursuant to division (B) of section 4731.05 of the 3518
Revised Code;3519

       (22) County directors of job and family services as provided 3520
in section 329.02 of the Revised Code and administrators appointed3521
under section 329.021 of the Revised Code;3522

       (23) A director of economic development who is hired pursuant 3523
to division (A) of section 307.07 of the Revised Code;3524

       (24) Chiefs of construction and compliance, of operations and 3525
maintenance, and of licensing and certification in the division of 3526
industrial compliance in the department of commerce;3527

       (25) The executive director of a county transit system 3528
appointed under division (A) of section 306.04 of the Revised 3529
Code;3530

       (26) Up to five positions at each of the administrative3531
departments listed in section 121.02 of the Revised Code and at 3532
the department of taxation, department of the adjutant general, 3533
department of education, Ohio board of regents, bureau of workers'3534
compensation, industrial commission, state lottery commission, and 3535
public utilities commission of Ohio that the head of that 3536
administrative department or of that other state agency determines 3537
to be involved in policy development and implementation. The head 3538
of the administrative department or other state agency shall set 3539
the compensation for employees in these positions at a rate that 3540
is not less than the minimum compensation specified in pay range 3541
41 but not more than the maximum compensation specified in pay 3542
range 44 of salary schedule E-2 in section 124.152 of the Revised 3543
Code. The authority to establish positions in the unclassified 3544
service under division (A)(26) of this section is in addition to 3545
and does not limit any other authority that an administrative 3546
department or state agency has under the Revised Code to establish 3547
positions, appoint employees, or set compensation.3548

       (27) Employees of the department of agriculture employed3549
under section 901.09 of the Revised Code;3550

       (28) For cities, counties, civil service townships, city 3551
health districts, general health districts, and city school 3552
districts, the deputies and assistants of elective or principal 3553
executive officers authorized to act for and in the place of their 3554
principals or holding a fiduciary relation to their principals;3555

       (29) Employees who receive external interim, intermittent, or 3556
temporary appointments under division (B) of section 124.30 of the 3557
Revised Code;3558

       (30) Employees appointed to administrative staff positions 3559
for which an appointing authority is given specific statutory 3560
authority to set compensation;3561

       (31) Employees appointed to highway patrol cadet or highway 3562
patrol cadet candidate classifications.3563

       (B) The classified service shall comprise all persons in the 3564
employ of the state and the several counties, cities, city health 3565
districts, general health districts, and city school districts 3566
thereof, not specifically included in the unclassified service. 3567
Upon the creation by the board of trustees of a civil service 3568
township civil service commission, the classified service shall 3569
also comprise, except as otherwise provided in division (A)(17) or 3570
(C) of this section, all persons in the employ of civil service 3571
township police or fire departments having ten or more full-time 3572
paid employees. The classified service consists of two classes, 3573
which shall be designated as the competitive class and the 3574
unskilled labor class.3575

       (1) The competitive class shall include all positions and3576
employments in the state and the counties, cities, city health3577
districts, general health districts, and city school districts3578
thereof, and upon the creation by the board of trustees of a civil 3579
service township of a township civil service commission all3580
positions in civil service township police or fire departments3581
having ten or more full-time paid employees, for which it is3582
practicable to determine the merit and fitness of applicants by3583
competitive examinations. Appointments shall be made to, or3584
employment shall be given in, all positions in the competitive3585
class that are not filled by promotion, reinstatement, transfer,3586
or reduction, as provided in this chapter, and the rules of the3587
director of administrative services, by appointment from those3588
certified to the appointing officer in accordance with this3589
chapter.3590

       (2) The unskilled labor class shall include ordinary3591
unskilled laborers. Vacancies in the labor class shall be filled3592
by appointment from lists of applicants registered by the3593
director. The director or the commission, by rule, shall require3594
an applicant for registration in the labor class to furnish such3595
evidence or take such tests as the director considers proper with3596
respect to age, residence, physical condition, ability to labor,3597
honesty, sobriety, industry, capacity, and experience in the work3598
or employment for which application is made. Laborers who fulfill 3599
the requirements shall be placed on the eligible list for the kind 3600
of labor or employment sought, and preference shall be given in3601
employment in accordance with the rating received from such3602
evidence or in such tests. Upon the request of an appointing3603
officer, stating the kind of labor needed, the pay and probable3604
length of employment, and the number to be employed, the director3605
shall certify from the highest on the list double the number to be 3606
employed; from this number the appointing officer shall appoint 3607
the number actually needed for the particular work. If more than 3608
one applicant receives the same rating, priority in time of 3609
application shall determine the order in which their names shall 3610
be certified for appointment.3611

       (C) A municipal or civil service township civil service3612
commission may place volunteer firefighters who are paid on a3613
fee-for-service basis in either the classified or the unclassified 3614
civil service.3615

       (D) This division does not apply to persons in the 3616
unclassified service who have the right to resume positions in the 3617
classified service under sections 4121.121, 5119.071, 5120.07, 3618
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the 3619
Revised Code.3620

       An appointing authority whose employees are paid directly by 3621
warrant of the auditor of statedirector of budget and management3622
may appoint a person who holds a certified position in the 3623
classified service within the appointing authority's agency to a 3624
position in the unclassified service within that agency. A person 3625
appointed pursuant to this division to a position in the 3626
unclassified service shall retain the right to resume the position 3627
and status held by the person in the classified service 3628
immediately prior to the person's appointment to the position in 3629
the unclassified service, regardless of the number of positions 3630
the person held in the unclassified service. Reinstatement to a 3631
position in the classified service shall be to a position 3632
substantially equal to that position in the classified service 3633
held previously, as certified by the director of administrative 3634
services. If the position the person previously held in the 3635
classified service has been placed in the unclassified service or 3636
is otherwise unavailable, the person shall be appointed to a3637
position in the classified service within the appointing 3638
authority's agency that the director of administrative services 3639
certifies is comparable in compensation to the position the person 3640
previously held in the classified service. Service in the position 3641
in the unclassified service shall be counted as service in the3642
position in the classified service held by the person immediately 3643
prior to the person's appointment to the position in the 3644
unclassified service. When a person is reinstated to a position in 3645
the classified service as provided in this division, the person is 3646
entitled to all rights, status, and benefits accruing to the3647
position in the classified service during the person's time of 3648
service in the position in the unclassified service.3649

       Sec. 124.137.  There is hereby created in the state treasury 3650
the parental leave benefit fund. The director of administrative 3651
services shall use moneys credited to the fund solely for the 3652
payment of parental leave benefits available to employees paid by 3653
warrant of the auditor of statedirector of budget and management3654
and for payment of any direct and indirect costs that are 3655
attributable to consultants or a third-party administrator and 3656
that are necessary to administer this section. All investment 3657
earnings of the parental leave fund shall be credited to the fund.3658

       The director of administrative services, in consultation with 3659
the director of budget and management, shall determine a rate at 3660
which the payrolls of all state agencies with employees paid by 3661
warrant of the auditor of statedirector of budget and management3662
shall be charged each pay period that is sufficient to cover the 3663
costs of administering the parental leave benefit program. The 3664
rate shall be based on the total number of such employees and may 3665
be adjusted as the director of administrative services, in 3666
consultation with the director of budget and management, considers 3667
necessary. All money collected from the assessment shall be 3668
credited to the parental leave benefit fund.3669

       Sec. 124.138.  The director of administrative services may3670
establish paid leaves and employee benefits for eligible full-time 3671
fire fighters employed by the adjutant general's department that 3672
are comparable to paid leaves and employee benefits provided to 3673
other full-time permanent employees paid directly by warrant of 3674
the auditor of statedirector of budget and management. Any paid 3675
leaves and employee benefits established under this section shall 3676
be limited to fire fighters regularly scheduled to work at least 3677
one hundred four hours per biweekly pay period and shall be 3678
adjusted so that the ratio between the hours worked and the paid 3679
leave hours earned shall be the same as the ratio between the 3680
hours worked and the paid leave hours earned by full-time 3681
permanent employees with the same amount of accrued service. The 3682
director of administrative services shall adopt rules in 3683
accordance with Chapter 119. of the Revised Code governing any 3684
paid leaves and employee benefits established under this section.3685

       Sec. 124.139. (A) A full-time state employee shall receive up 3686
to two hundred forty hours of leave with pay during each calendar 3687
year to use during those hours when the employee is absent from 3688
work because of the employee's donation of any portion of an adult 3689
liver or because of the employee's donation of an adult kidney.3690

       (B) A full-time state employee shall receive up to fifty-six3691
hours of leave with pay during each calendar year to use during3692
those hours when the employee is absent from work because of the3693
employee's donation of adult bone marrow.3694

       (C) An appointing authority shall compensate a full-time3695
state employee who uses leave granted under division (A) or (B) of3696
this section at the employee's regular rate of pay for those3697
regular work hours during which the employee is absent from work.3698

       (D)(1) The director of administrative services, under section 3699
124.04 of the Revised Code, shall provide information about this 3700
section to full-time employees who are paid directly by warrant of 3701
the auditor of statedirector of budget and management.3702

       (2) The appointing authority of full-time employees who are3703
not paid directly by warrant of the auditor of statedirector of 3704
budget and management shall periodically provide information about 3705
this section to those employees.3706

       Sec. 124.14.  (A)(1) The director of administrative services3707
shall establish, and may modify or repeal, by rule, a job3708
classification plan for all positions, offices, and employments3709
the salaries of which are paid in whole or in part by the state. 3710
The director shall group jobs within a classification so that the3711
positions are similar enough in duties and responsibilities to be3712
described by the same title, to have the same pay assigned with3713
equity, and to have the same qualifications for selection applied. 3714
The director shall, by rule, assign a classification title to each 3715
classification within the classification plan. However, the 3716
director shall consider in establishing classifications, including 3717
classifications with parenthetical titles, and assigning pay 3718
ranges such factors as duties performed only on one shift, special 3719
skills in short supply in the labor market, recruitment problems, 3720
separation rates, comparative salary rates, the amount of training 3721
required, and other conditions affecting employment. The director 3722
shall describe the duties and responsibilities of the class and 3723
establish the qualifications for being employed in that position, 3724
and shall file with the secretary of state a copy of 3725
specifications for all of the classifications. The director shall 3726
file new, additional, or revised specifications with the secretary 3727
of state before being used. 3728

       The director shall, by rule, assign each classification, 3729
either on a statewide basis or in particular counties or state 3730
institutions, to a pay range established under section 124.15 or 3731
section 124.152 of the Revised Code. The director may assign a 3732
classification to a pay range on a temporary basis for a period of 3733
time designated in the rule. The director may establish, by rule 3734
adopted under Chapter 119. of the Revised Code, experimental 3735
classification plans for some or all employees paid directly by3736
warrant of the auditor of statedirector of budget and management. 3737
The rule shall include specifications for each classification 3738
within the plan and shall specifically address compensation 3739
ranges, and methods for advancing within the ranges, for the 3740
classifications, which may be assigned to pay ranges other than 3741
the pay ranges established under section 124.15 or 124.152 of the 3742
Revised Code.3743

       (2) The director of administrative services may reassign to a 3744
proper classification those positions that have been assigned to 3745
an improper classification. If the compensation of an employee in 3746
such a reassigned position exceeds the maximum rate of pay for the 3747
employee's new classification, the employee shall be placed in pay 3748
step X and shall not receive an increase in compensation until the 3749
maximum rate of pay for that classification exceeds the employee's 3750
compensation.3751

       (3) The director may reassign an exempt employee, as defined 3752
in section 124.152 of the Revised Code, to a bargaining unit 3753
classification if the director determines that the bargaining unit 3754
classification is the proper classification for that employee. 3755
Notwithstanding Chapter 4117. of the Revised Code or instruments3756
and contracts negotiated under it, such placements are at the 3757
director's discretion.3758

       (4) The director shall, by rule, assign related3759
classifications, which form a career progression, to a3760
classification series. The director shall, by rule, assign each3761
classification in the classification plan a five-digit number, the 3762
first four digits of which shall denote the classification series 3763
to which the classification is assigned. When a career progression 3764
encompasses more than ten classifications, the director shall, by 3765
rule, identify the additional classifications belonging to a 3766
classification series. Such additional classifications shall be 3767
part of the classification series, notwithstanding the fact that 3768
the first four digits of the number assigned to the additional 3769
classifications do not correspond to the first four digits of the 3770
numbers assigned to other classifications in the classification 3771
series.3772

       (5) The director shall adopt rules in accordance with Chapter3773
119. of the Revised Code for the establishment of a classification 3774
plan for county agencies that elect not to use the services and 3775
facilities of a county personnel department. The rules shall 3776
include a methodology for the establishment of titles unique to 3777
county agencies, the use of state classification titles and 3778
classification specifications for common positions, the criteria 3779
for a county to meet in establishing its own classification plan, 3780
and the establishment of what constitutes a classification series 3781
for county agencies.3782

       (B) Division (A) of this section and sections 124.15 and3783
124.152 of the Revised Code do not apply to the following persons, 3784
positions, offices, and employments:3785

       (1) Elected officials;3786

       (2) Legislative employees, employees of the legislative3787
service commission, employees in the office of the governor, 3788
employees who are in the unclassified civil service and exempt 3789
from collective bargaining coverage in the office of the secretary 3790
of state, auditor of state, treasurer of state, and attorney 3791
general, and employees of the supreme court;3792

       (3) Employees of a county children services board that3793
establishes compensation rates under section 5153.12 of the3794
Revised Code;3795

       (4) Any position for which the authority to determine3796
compensation is given by law to another individual or entity;3797

       (5) Employees of the bureau of workers' compensation whose 3798
compensation the administrator of workers' compensation3799
establishes under division (B) of section 4121.121 of the Revised3800
Code.3801

       (C) The director may employ a consulting agency to aid and3802
assist the director in carrying out this section.3803

       (D)(1) When the director proposes to modify a classification3804
or the assignment of classes to appropriate pay ranges, the3805
director shall send written notice of the proposed rule to the3806
appointing authorities of the affected employees thirty days3807
before the hearing on the proposed rule. The appointing 3808
authorities shall notify the affected employees regarding the 3809
proposed rule. The director shall also send such appointing 3810
authorities notice of any final rule which is adopted within ten 3811
days after adoption.3812

       (2) When the director proposes to reclassify any employee so 3813
that the employee is adversely affected, the director shall give 3814
to the employee affected and to the employee's appointing3815
authority a written notice setting forth the proposed new3816
classification, pay range, and salary. Upon the request of any3817
classified employee who is not serving in a probationary period,3818
the director shall perform a job audit to review the3819
classification of the employee's position to determine whether the 3820
position is properly classified. The director shall give to the 3821
employee affected and to the employee's appointing authority a 3822
written notice of the director's determination whether or not to3823
reclassify the position or to reassign the employee to another3824
classification. An employee or appointing authority desiring a3825
hearing shall file a written request for the hearing with the 3826
state personnel board of review within thirty days after receiving 3827
the notice. The board shall set the matter for a hearing and 3828
notify the employee and appointing authority of the time and place 3829
of the hearing. The employee, appointing authority, or any3830
authorized representative of the employee who wishes to submit3831
facts for the consideration of the board shall be afforded3832
reasonable opportunity to do so. After the hearing, the board3833
shall consider anew the reclassification and may order the3834
reclassification of the employee and require the director to3835
assign the employee to such appropriate classification as the 3836
facts and evidence warrant. As provided in division (A) of section 3837
124.03 of the Revised Code, the board may determine the most 3838
appropriate classification for the position of any employee coming 3839
before the board, with or without a job audit. The board shall 3840
disallow any reclassification or reassignment classification of 3841
any employee when it finds that changes have been made in the 3842
duties and responsibilities of any particular employee for 3843
political, religious, or other unjust reasons.3844

       (E)(1) Employees of each county department of job and family3845
services shall be paid a salary or wage established by the board 3846
of county commissioners. The provisions of section 124.18 of the 3847
Revised Code concerning the standard work week apply to employees 3848
of county departments of job and family services. A board of 3849
county commissioners may do either of the following:3850

       (a) Notwithstanding any other section of the Revised Code,3851
supplement the sick leave, vacation leave, personal leave, and3852
other benefits of any employee of the county department of job and 3853
family services of that county, if the employee is eligible for 3854
the supplement under a written policy providing for the 3855
supplement;3856

       (b) Notwithstanding any other section of the Revised Code,3857
establish alternative schedules of sick leave, vacation leave,3858
personal leave, or other benefits for employees not inconsistent3859
with the provisions of a collective bargaining agreement covering3860
the affected employees.3861

       (2) The provisions of division (E)(1) of this section do not 3862
apply to employees for whom the state employment relations board 3863
establishes appropriate bargaining units pursuant to section 3864
4117.06 of the Revised Code, except in either of the following 3865
situations:3866

       (a) The employees for whom the state employment relations3867
board establishes appropriate bargaining units elect no3868
representative in a board-conducted representation election.3869

       (b) After the state employment relations board establishes3870
appropriate bargaining units for such employees, all employee3871
organizations withdraw from a representation election.3872

       (F) With respect to officers and employees of state-supported 3873
colleges and universities and except for the powers and duties of 3874
the state personnel board of review set forth in section 124.03 of 3875
the Revised Code, the powers, duties, and functions of the 3876
department of administrative services and of the director of 3877
administrative services specified in this chapter are hereby 3878
vested in and assigned to the boards of trustees of those colleges3879
and universities, or those officers to whom the boards of trustees3880
have delegated these powers, duties, and functions, subject to a3881
periodic audit and review by the director. In exercising the 3882
powers, duties, and functions of the director, the boards of 3883
trustees or the officers to whom these powers, duties, and 3884
functions were delegated need not establish a job classification 3885
plan for unclassified employees and may proceed under section 3886
111.15 of the Revised Code when exercising the director's 3887
rule-making authority. The adoption, amendment, rescission, and3888
enforcement of rules under this division is not subject to 3889
approval, disapproval, or modification by the state personnel 3890
board of review. Nothing in this division shall be construed to 3891
limit the right of any classified employee who possesses the right 3892
of appeal to the state personnel board of review to continue to 3893
possess that right of appeal.3894

       Upon the director's determination or finding of the misuse by 3895
the board of trustees of or a designated officer of a 3896
state-supported college or university of the authority granted 3897
under this division, the director shall order and direct the 3898
personnel functions of that state-supported college or university 3899
until sections 124.01 to 124.64 of the Revised Code have been 3900
fully complied with.3901

       (G)(1) Each board of county commissioners may, by a3902
resolution adopted by a majority of its members, establish a3903
county personnel department to exercise the powers, duties, and3904
functions specified in division (G) of this section. As used in3905
division (G) of this section, "county personnel department" means3906
a county personnel department established by a board of county3907
commissioners under division (G)(1) of this section.3908

       (2) Each board of county commissioners may, by a resolution 3909
adopted by a majority of its members, designate the county 3910
personnel department of the county to exercise the powers, duties, 3911
and functions of the department of administrative services and the 3912
director of administrative services specified in sections 124.01 3913
to 124.64 and Chapter 325. of the Revised Code, except for the 3914
powers and duties of the state personnel board of review, which 3915
powers and duties shall not be construed as having been modified 3916
or diminished in any manner by division (G)(2) of this section, 3917
with respect to the employees for whom the board of county 3918
commissioners is the appointing authority or co-appointing3919
authority. Upon certification of a copy of the resolution by the3920
board to the director, these powers, duties, and functions are3921
vested in and assigned to the county personnel department with3922
respect to the employees for whom the board of county3923
commissioners is the appointing authority or co-appointing3924
authority. The certification to the director shall be provided not 3925
later than one hundred twenty days before the first day of July of 3926
an odd-numbered year, and, following the certification, the 3927
powers, duties, and functions specified in sections 124.01 to3928
124.64 and Chapter 325. of the Revised Code shall be vested in and 3929
assigned to the county personnel department on that first day of 3930
July. Nothing in division (G)(2) of this section shall be3931
construed to limit the right of any employee who possesses the3932
right of appeal to the state personnel board of review to continue 3933
to possess that right of appeal.3934

       Any board of county commissioners that has established a3935
county personnel department may contract with the department of3936
administrative services, another political subdivision, or an3937
appropriate public or private entity to provide competitive3938
testing services or other appropriate services.3939

       (3) After the county personnel department of a county has3940
assumed the powers, duties, and functions of the department of3941
administrative services and the director as described in division3942
(G)(2) of this section, any elected official, board, agency, or3943
other appointing authority of that county may, upon notification3944
to the director, elect to use the services and facilities of the3945
county personnel department. Upon the acceptance by the director3946
of such notification, the county personnel department shall3947
exercise the powers, duties, and functions of the department of3948
administrative services and the director as described in division3949
(G)(2) of this section with respect to the employees of that3950
elected official, board, agency, or other appointing authority.3951
The notification to the director shall be provided not later than3952
one hundred twenty days before the first day of July of an3953
odd-numbered year, and, following the notification, the powers,3954
duties, and functions specified in sections 124.01 to 124.64 and3955
Chapter 325. of the Revised Code with respect to the employees of3956
that elected official, board, agency, or other appointing3957
authority shall be vested in and assigned to the county personnel3958
department on that first day of July. Except for those employees3959
under the jurisdiction of the county personnel department, the3960
director shall continue to exercise these powers, duties, and3961
functions with respect to employees of the county.3962

       (4) Each board of county commissioners that has established a 3963
county personnel department may, by a resolution adopted by a 3964
majority of its members, disband the county personnel department 3965
and return to the department of administrative services for the 3966
administration of sections 124.01 to 124.64 and Chapter 325. of 3967
the Revised Code. The board shall, not later than one hundred 3968
twenty days before the first day of July of an odd-numbered year, 3969
send the director a certified copy of the resolution disbanding 3970
the county personnel department. All powers, duties, and functions 3971
previously vested in and assigned to the county personnel 3972
department shall return to the director on that first day of July.3973

       (5) Any elected official, board, agency, or appointing3974
authority of a county may return to the department of3975
administrative services for the administration of sections 124.013976
to 124.64 and Chapter 325. of the Revised Code. The elected3977
official, board, agency, or appointing authority shall, not later3978
than one hundred twenty days before the first day of July of an3979
odd-numbered year, send the director a certified copy of the3980
resolution that states its decision. All powers, duties, and3981
functions previously vested in and assigned to the county3982
personnel department with respect to the employees of that elected 3983
official, board, agency, or appointing authority shall return to 3984
the director on that first day of July.3985

       (6) The director, by rule adopted in accordance with Chapter 3986
119. of the Revised Code, shall prescribe criteria and procedures 3987
for granting to each county personnel department the powers, 3988
duties, and functions of the department of administrative services 3989
and the director as described in division (G)(2) of this section 3990
with respect to the employees of an elected official, board, 3991
agency, or other appointing authority or co-appointing authority. 3992
The rules shall cover the following criteria and procedures:3993

       (a) The notification to the department of administrative3994
services that an elected official, board, agency, or other3995
appointing authority of a county has elected to use the services3996
and facilities of the county personnel department;3997

       (b) A requirement that each county personnel department, in 3998
carrying out its duties, adhere to merit system principles with 3999
regard to employees of county departments of job and family 4000
services, child support enforcement agencies, and public child 4001
welfare agencies so that there is no threatened loss of federal 4002
funding for these agencies, and a requirement that the county be4003
financially liable to the state for any loss of federal funds due4004
to the action or inaction of the county personnel department. The 4005
costs associated with audits conducted to monitor compliance with 4006
division (G)(6)(b) of this section shall be borne equally by the 4007
department of administrative services and the county.4008

       (c) The termination of services and facilities rendered by4009
the department of administrative services, to include rate4010
adjustments, time periods for termination, and other related4011
matters;4012

       (d) Authorization for the director of administrative services 4013
to conduct periodic audits and reviews of county personnel 4014
departments to guarantee the uniform application of this granting 4015
of the director's powers, duties, and functions. The costs of the 4016
audits and reviews shall be borne equally by the department of 4017
administrative services and the county for which the services were 4018
performed.4019

       (e) The dissemination of audit findings under division4020
(G)(5)(d) of this section, any appeals process relating to adverse 4021
findings by the department, and the methods whereby the county 4022
personnel program will revert to the authority of the director of 4023
administrative services due to misuse or nonuniform application of 4024
the authority granted to the county under division (G)(2) or (3) 4025
of this section.4026

       (H) The director of administrative services shall establish 4027
the rate and method of compensation for all employees who are paid 4028
directly by warrant of the auditor of statedirector of budget and 4029
management and who are serving in positions which the director of 4030
administrative services has determined impracticable to include in 4031
the state job classification plan. This division does not apply to 4032
elected officials, legislative employees, employees of the 4033
legislative service commission, employees who are in the 4034
unclassified civil service and exempt from collective bargaining 4035
coverage in the office of the secretary of state, auditor of 4036
state, treasurer of state, and attorney general, employees of the 4037
courts, employees of the bureau of workers' compensation whose 4038
compensation the administrator of workers' compensation 4039
establishes under division (B) of section 4121.121 of the Revised 4040
Code, or employees of an appointing authority authorized by law to 4041
fix the compensation of those employees.4042

       (I) The director shall set the rate of compensation for all 4043
intermittent, interim, seasonal, temporary, emergency, and casual 4044
employees who are not considered public employees under section4045
4117.01 of the Revised Code. Such employees are not entitled to 4046
receive employee benefits. This rate of compensation shall be4047
equitable in terms of the rate of employees serving in the same or 4048
similar classifications. This division does not apply to elected 4049
officials, legislative employees, employees of the legislative 4050
service commission, employees who are in the unclassified civil4051
service and exempt from collective bargaining coverage in the 4052
office of the secretary of state, auditor of state, treasurer of 4053
state, and attorney general, employees of the courts, employees of 4054
the bureau of workers' compensation whose compensation the 4055
administrator establishes under division (B) of section 4121.121 4056
of the Revised Code, or employees of an appointing authority 4057
authorized by law to fix the compensation of those employees.4058

       Sec. 124.151.  (A) As used in this section, "compensation"4059
includes, but is not limited to, wages and salary, travel4060
allowances paid pursuant to section 101.27 of the Revised Code,4061
and benefits paid pursuant to sections 124.13, 124.19, 124.381,4062
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised4063
Code.4064

       (B) The compensation of any employee whose employment4065
commenced on or after the effective date of this amendmentJune 5, 4066
2002, and who is paid by warrant of the auditor of statedirector 4067
of budget and management shall be paid by direct deposit. Each4068
such employee shall provide to the appointing authority a written4069
authorization for payment by direct deposit. The authorization4070
shall include the designation of a financial institution equipped4071
to accept direct deposits and the number of the account into which4072
the deposit is to be made. The authorization shall remain in4073
effect until withdrawn in writing by the employee or until4074
dishonored by the financial institution. The director of4075
administrative services shall provide by rule adopted under4076
Chapter 119. of the Revised Code for the direct deposit in a4077
financial institution of the compensation of an employee who fails4078
to provide to the appointing authority a written authorization for4079
payment by direct deposit.4080

       Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2) 4081
and (3) of this section, each exempt employee shall be paid a 4082
salary or wage in accordance with schedule E-1 or schedule E-2 of 4083
division (B) or (C) of this section.4084

       (2) Each exempt employee who holds a position in the 4085
unclassified civil service pursuant to division (A)(26) or (30) of 4086
section 124.11 of the Revised Code may be paid a salary or wage in 4087
accordance with schedule E-1, schedule E-1 for step seven only, or 4088
schedule E-2 of division (B), (C), (D), or (E) of this section, as 4089
applicable.4090

       (3)(a) Except as provided in division (A)(3)(b) of this 4091
section, each exempt employee who was paid a salary or wage at 4092
step 7 in the employee's pay range on June 28, 2003, in accordance 4093
with the applicable schedule E-1 of former section 124.152 of the 4094
Revised Code and who continued to be so paid on June 29, 2003, 4095
shall be paid a salary or wage in the corresponding pay range in 4096
schedule E-1 for step seven only of division (D) or (E) of this 4097
section for as long as the employee remains in the position the 4098
employee held as of July 1, 2003.4099

       (b) Except as provided in division (A)(3)(c) of this section, 4100
if an exempt employee who is being paid a salary or wage in 4101
accordance with schedule E-1 for step seven only of division (D) 4102
or (E) of this section moves to another position, the employee 4103
shall not receive a salary or wage for that position or any other 4104
position in the future in accordance with that schedule.4105

        (c) If an exempt employee who is being paid a salary or wage 4106
in accordance with schedule E-1 for step seven only of division 4107
(D) or (E) of this section moves to another position assigned to 4108
pay range 12 or above, the appointing authority has the discretion 4109
to assign the employee to be paid a salary or wage in the 4110
appropriate pay range for that position in accordance with 4111
schedule E-1 for step seven only, provided that the appointing 4112
authority so notifies the director of administrative services in 4113
writing at the time the employee is appointed to that position.4114

        (B) Beginning on the first day of the pay period that4115
includes July 1, 2002, each exempt employee who must be paid in 4116
accordance with schedule E-1 or schedule E-2 of this section shall4117
be paid a salary or wage in accordance with the following schedule 4118
of rates:4119

Schedule E-14120

Pay Ranges and Step Values
4121

Step Step Step Step Step Step 4122
Range 1 2 3 4 5 6 4123
1 Hourly 8.78 9.16 9.56 9.97 4124
Annually 18262 19053 19885 20738 4125
2 Hourly 10.64 11.09 11.58 12.08 4126
Annually 22131 23067 24086 25126 4127
3 Hourly 11.14 11.65 12.16 12.69 4128
Annually 23171 24232 25293 26395 4129
4 Hourly 11.70 12.23 12.81 13.38 4130
Annually 24336 25438 26645 27830 4131
5 Hourly 12.28 12.84 13.38 13.97 4132
Annually 25542 26707 27830 29058 4133
6 Hourly 12.94 13.47 14.07 14.64 4134
Annually 26915 28018 29266 30451 4135
7 Hourly 13.74 14.26 14.83 15.35 15.94 4136
Annually 28579 29661 30846 31928 33155 4137
8 Hourly 14.53 15.16 15.83 16.53 17.23 4138
Annually 30222 31533 32926 34382 35838 4139
9 Hourly 15.50 16.30 17.11 17.95 18.87 4140
Annually 32240 33904 35589 37336 39250 4141
10 Hourly 16.72 17.63 18.58 19.65 20.70 4142
Annually 34778 36670 38646 40872 43056 4143
11 Hourly 18.20 19.27 20.38 21.53 22.76 4144
Annually 37856 40082 42390 44782 47341 4145
12 Hourly 20.08 21.21 22.35 23.59 24.90 26.26 4146
Annually 41766 44117 46488 49067 51792 54621 4147
13 Hourly 22.13 23.35 24.63 25.95 27.40 28.90 4148
Annually 46030 48568 51230 53976 56992 60112 4149
14 Hourly 24.35 25.72 27.10 28.59 30.20 31.88 4150
Annually 50648 53498 56368 59467 62816 66310 4151
15 Hourly 26.74 28.24 29.84 31.48 33.22 35.06 4152
Annually 55619 58739 62067 65478 69098 72925 4153
16 Hourly 29.48 31.12 32.84 34.67 36.59 38.67 4154
Annually 61318 64730 68307 72114 76107 80434 4155
17 Hourly 32.49 34.28 36.20 38.20 40.33 42.58 4156
Annually 67579 71302 75296 79456 83886 88566 4157
18 Hourly 35.80 37.78 39.90 42.11 44.43 46.92 4158
Annually 74464 78582 82992 87589 92414 97594 4159

Schedule E-24160

Range Minimum Maximum 4161
41 Hourly 16.23 32.46 4162
Annually 33758 67517 4163
42 Hourly 17.89 35.86 4164
Annually 37211 74589 4165
43 Hourly 19.70 39.49 4166
Annually 40976 82139 4167
44 Hourly 21.73 43.13 4168
Annually 45198 89710 4169
45 Hourly 24.01 47.09 4170
Annually 49941 97947 4171
46 Hourly 26.43 51.46 4172
Annually 54974 107037 4173
47 Hourly 29.14 56.16 4174
Annually 60611 116813 4175
48 Hourly 32.14 61.29 4176
Annually 66851 127483 4177
49 Hourly 35.44 66.18 4178
Annually 73715 137654 4179

       (C) Beginning on the first day of the pay period that 4180
includes July 1, 2005, each exempt employee who must be paid in 4181
accordance with schedule E-1 or schedule E-2 of this section shall 4182
be paid a salary or wage in accordance with the following schedule 4183
of rates:4184

Schedule E-14185

Pay Ranges and Step Values
4186

Step Step Step Step Step Step 4187
Range 1 2 3 4 5 6 4188
1 Hourly 9.13 9.53 9.94 10.37 4189
Annually 18990 19822 20675 21570 4190
2 Hourly 11.07 11.53 12.04 12.56 4191
Annually 23026 23982 25043 26125 4192
3 Hourly 11.59 12.12 12.65 13.20 4193
Annually 24107 25210 26312 27456 4194
4 Hourly 12.17 12.72 13.32 13.92 4195
Annually 25314 26458 27706 28954 4196
5 Hourly 12.77 13.35 13.92 14.53 4197
Annually 26562 27768 28954 30222 4198
6 Hourly 13.46 14.01 14.63 15.23 4199
Annually 27997 29141 30430 31678 4200
7 Hourly 14.29 14.83 15.42 15.96 16.58 4201
Annually 29723 30846 32074 33197 34486 4202
8 Hourly 15.11 15.77 16.46 17.19 17.92 4203
Annually 31429 32802 34237 35755 37274 4204
9 Hourly 16.12 16.95 17.79 18.67 19.62 4205
Annually 33530 35256 37003 38834 40810 4206
10 Hourly 17.39 18.34 19.32 20.44 21.53 4207
Annually 36171 38147 40186 42515 44782 4208
11 Hourly 18.93 20.04 21.20 22.39 23.67 4209
Annually 39374 41683 44096 46571 49234 4210
12 Hourly 20.88 22.06 23.24 24.53 25.90 27.31 4211
Annually 43430 45885 48339 51022 53872 56805 4212
13 Hourly 23.02 24.28 25.62 26.99 28.50 30.06 4213
Annually 47882 50502 53290 56139 59280 62525 4214
14 Hourly 25.32 26.75 28.18 29.73 31.41 33.16 4215
Annually 52666 55640 58614 61838 65333 68973 4216
15 Hourly 27.81 29.37 31.03 32.74 34.55 36.46 4217
Annually 57845 61090 64542 68099 71864 75837 4218
16 Hourly 30.66 32.36 34.15 36.06 38.05 40.22 4219
Annually 63773 67309 71032 75005 79144 83658 4220
17 Hourly 33.79 35.65 37.65 39.73 41.94 44.28 4221
Annually 70283 74152 78312 82638 87235 92102 4222
18 Hourly 37.23 39.29 41.50 43.79 46.21 48.80 4223
Annually 77438 81723 86320 91083 96117 101504 4224

Schedule E-24225

Range Minimum Maximum 4226
41 Hourly 16.23 33.76 4227
Annually 33758 70221 4228
42 Hourly 17.89 37.29 4229
Annually 37211 77563 4230
43 Hourly 19.70 41.07 4231
Annually 40976 85426 4232
44 Hourly 21.73 44.86 4233
Annually 45198 93309 4234
45 Hourly 24.01 48.97 4235
Annually 49941 101858 4236
46 Hourly 26.43 53.52 4237
Annually 54974 111322 4238
47 Hourly 29.14 58.41 4239
Annually 60611 121493 4240
48 Hourly 32.14 63.74 4241
Annually 66851 132579 4242
49 Hourly 35.44 68.83 4243
Annually 73715 143166 4244

       (D) Beginning on the first day of the pay period that 4245
includes July 1, 2003, each exempt employee who must be paid in 4246
accordance with schedule E-1 for step seven only shall be paid a 4247
salary or wage in accordance with the following schedule of rates:4248

Schedule E-1 for Step Seven Only4249

Pay Ranges and Step Seven Values
4250

Range 4251
12 Hourly 27.71 4252
Annually 57637 4253
13 Hourly 30.49 4254
Annually 63419 4255
14 Hourly 33.62 4256
Annually 69930 4257
15 Hourly 36.98 4258
Annually 76918 4259
16 Hourly 40.80 4260
Annually 84864 4261
17 Hourly 44.93 4262
Annually 93454 4263
18 Hourly 49.50 4264
Annually 102960 4265

       (E) Beginning on the first day of the pay period that 4266
includes July 1, 2005, each exempt employee who must be paid in 4267
accordance with schedule E-1 for step seven only shall be paid a 4268
salary or wage in accordance with the following schedule of rates:4269

Schedule E-1 for Step Seven Only4270

Pay Ranges and Step Seven Values
4271

Range 4272
12 Hourly 28.82 4273
Annually 59946 4274
13 Hourly 31.71 4275
Annually 65957 4276
14 Hourly 34.96 4277
Annually 72717 4278
15 Hourly 38.46 4279
Annually 79997 4280
16 Hourly 42.43 4281
Annually 88254 4282
17 Hourly 46.73 4283
Annually 97198 4284
18 Hourly 51.48 4285
Annually 107078 4286

       (F) As used in this section, "exempt employee" means a4287
permanent full-time or permanent part-time employee paid directly4288
by warrant of the auditor of statedirector of budget and 4289
management whose position is included in the job classification 4290
plan established under division (A) of section 124.14 of the 4291
Revised Code but who is not considered a public employee for the 4292
purposes of Chapter 4117. of the Revised Code. As used in this 4293
section, "exempt employee" also includes a permanent full-time or 4294
permanent part-time employee of the secretary of state, auditor of 4295
state, treasurer of state, or attorney general who has not been 4296
placed in an appropriate bargaining unit by the state employment 4297
relations board.4298

       Sec. 124.18.  (A) Forty hours shall be the standard work week4299
for all employees whose salary or wage is paid in whole or in part 4300
by the state or by any state-supported college or university. When 4301
any employee whose salary or wage is paid in whole or in part by 4302
the state or by any state-supported college or university is 4303
required by an authorized administrative authority to be in an 4304
active pay status more than forty hours in any calendar week, the 4305
employee shall be compensated for such time over forty hours, 4306
except as otherwise provided in this section, at one and one-half 4307
times the employee's regular rate of pay. The use of sick leave 4308
shall not be considered to be active pay status for the purposes 4309
of earning overtime or compensatory time by employees whose wages 4310
are paid directly by warrant of the auditor of state. A 4311
flexible-hours employee is not entitled to compensation for 4312
overtime work unless the employee's authorized administrative 4313
authority required the employee to be in active pay status for 4314
more than forty hours in a calendar week, regardless of the number 4315
of hours the employee works on any day in the same calendar week.4316

       Such compensation for overtime work shall be paid no later 4317
than at the conclusion of the next succeeding pay period.4318

       If the employee elects to take compensatory time off in lieu 4319
of overtime pay for any overtime worked, such compensatory time 4320
shall be granted by the employee's administrative superior, on a 4321
time and one-half basis, at a time mutually convenient to the 4322
employee and the administrative superior. An employee may accrue4323
compensatory time to a maximum of two hundred forty hours, except4324
that public safety employees and other employees who meet the4325
criteria established in the "Federal Fair Labor Standards Act of4326
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may accrue 4327
a maximum of four hundred eighty hours of compensatory time. An 4328
employee shall be paid at the employee's regular rate of pay for4329
any hours of compensatory time accrued in excess of these maximum4330
amounts if the employee has not used the compensatory time within4331
one hundred eighty days after it is granted, if the employee4332
transfers to another agency of the state, or if a change in the4333
employee's status exempts the employee from the payment of4334
overtime compensation. Upon the termination of employment, any 4335
employee with accrued but unused compensatory time shall be paid 4336
for that time at a rate that is the greater of the employee's 4337
final regular rate of pay or the employee's average regular rate 4338
of pay during the employee's last three years of employment with4339
the state.4340

       No overtime, as described in this section, can be paid unless 4341
it has been authorized by the authorized administrative authority. 4342
Employees may be exempted from the payment of compensation as 4343
required by this section only under the criteria for exemption 4344
from the payment of overtime compensation established in the 4345
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 4346
U.S.C.A. 207, 213, as amended. With the approval of the director 4347
of administrative services, the appointing authority may establish 4348
a policy to grant compensatory time or to pay compensation to 4349
state employees who are exempt from overtime compensation. With 4350
the approval of the board of county commissioners, a county human 4351
services department may establish a policy to grant compensatory4352
time or to pay compensation to employees of the department who are 4353
exempt from overtime compensation.4354

       (B) An employee, whose salary or wage is paid in whole or in4355
part by the state, shall be paid for the holidays declared in4356
section 124.19 of the Revised Code and shall not be required to4357
work on those holidays, unless, in the opinion of the employee's4358
responsible administrative authority, failure to work on those4359
holidays would impair the public service. An employee paid 4360
directly by warrant of the auditor of statedirector of budget and 4361
management who is scheduled to work on a holiday and who does not 4362
report to work due to an illness of the employee or of a member of4363
the employee's immediate family shall not receive holiday pay as 4364
provided by this division. An employee also shall not be paid for 4365
a holiday unless the employee was in active pay status on the 4366
scheduled work day immediately preceding the holiday. 4367

       If any of the holidays declared in section 124.19 of the 4368
Revised Code falls on Saturday, the Friday immediately preceding4369
shall be observed as the holiday. If any of the holidays declared 4370
in section 124.19 of the Revised Code falls on Sunday, the Monday 4371
immediately succeeding shall be observed as the holiday. Employees 4372
whose work schedules are based on the requirements of a 4373
seven-days-a-week work operation shall observe holidays on the 4374
actual days specified in section 124.19 of the Revised Code.4375

       If an employee's work schedule is other than Monday through 4376
Friday, the employee shall be entitled to holiday pay for holidays 4377
observed on the employee's day off regardless of the day of the4378
week on which they are observed. A full-time permanent employee is 4379
entitled to eight hours of pay for each holiday regardless of the 4380
employee's work shift and work schedule. A flexible-hours employee 4381
is entitled to holiday pay for the number of hours for which the4382
employee normally would have been scheduled to work. Part-time 4383
permanent employees shall be paid holiday pay for that portion of 4384
any holiday for which they would normally have been scheduled to4385
work. When an employee who is eligible for overtime pay under this 4386
section is required by the employee's responsible administrative4387
authority to work on the day observed as a holiday, the employee 4388
shall be entitled to pay for such time worked at one and one-half 4389
times the employee's regular rate of pay in addition to the4390
employee's regular pay, or to be granted compensatory time off at 4391
time and one-half thereafter, at the employee's option. Payment at 4392
such rate shall be excluded in the calculation of hours in active 4393
pay status.4394

       (C) Each appointing authority may designate the number of4395
employees in an agency who are flexible-hours employees. The4396
appointing authority may establish for each flexible-hours4397
employee a specified minimum number of hours to be worked each day 4398
that is consistent with the "Federal Fair Labor Standards Act of 4399
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.4400

       (D) This section shall be uniformly administered for 4401
employees as defined in section 124.01 of the Revised Code and by 4402
the personnel departments of state-supported colleges and 4403
universities for employees of state-supported colleges and 4404
universities. If employees are not paid directly by warrant of the 4405
auditor of statedirector of budget and management, the political4406
subdivision shall determine whether the use of sick leave shall be 4407
considered to be active pay status for purposes of those employees 4408
earning overtime or compensatory time.4409

       (E) Policies relating to the payment of overtime pay or the4410
granting of compensatory time off shall be adopted by the chief 4411
administrative officer of the house of representatives for 4412
employees of the house of representatives, by the clerk of the 4413
senate for employees of the senate, and by the director of the 4414
legislative service commission for all other legislative 4415
employees.4416

       (F) As used in this section, "regular rate of pay" means the4417
base rate of pay an employee receives plus any pay supplements4418
received pursuant to section 124.181 of the Revised Code.4419

       Sec. 124.181.  (A) Except as provided in division (M) of this 4420
section, any employee paid in accordance with schedule B of4421
section 124.15 or schedule E-1 or schedule E-1 for step seven only 4422
of section 124.152 of the Revised Code is eligible for the pay 4423
supplements provided in this section upon application by the 4424
appointing authority substantiating the employee's qualifications 4425
for the supplement and with the approval of the director of 4426
administrative services except as provided in division (E) of this 4427
section.4428

       (B)(1) Except as provided in section 124.183 of the Revised 4429
Code, in computing any of the pay supplements provided in this 4430
section for an employee paid in accordance with schedule B of 4431
section 124.15 of the Revised Code, the classification salary base 4432
shall be the minimum hourly rate of the pay range, provided in 4433
that section, in which the employee is assigned at the time of 4434
computation.4435

       (2) Except as provided in section 124.183 of the Revised 4436
Code, in computing any of the pay supplements provided in this 4437
section for an employee paid in accordance with schedule E-1 of 4438
section 124.152 of the Revised Code, the classification salary 4439
base shall be the minimum hourly rate of the pay range, provided 4440
in that section, in which the employee is assigned at the time of 4441
computation.4442

       (3) Except as provided in section 124.183 of the Revised 4443
Code, in computing any of the pay supplements provided in this 4444
section for an employee paid in accordance with schedule E-1 for 4445
step seven only of section 124.152 of the Revised Code, the 4446
classification salary base shall be the minimum hourly rate in the 4447
corresponding pay range, provided in schedule E-1 of that section, 4448
to which the employee is assigned at the time of the computation.4449

       (C) The effective date of any pay supplement, except as 4450
provided in section 124.183 of the Revised Code or unless4451
otherwise provided in this section, shall be determined by the 4452
director.4453

       (D) The director shall, by rule, establish standards4454
regarding the administration of this section.4455

       (E)(1) Except as otherwise provided in this division,4456
beginning on the first day of the pay period within which the4457
employee completes five years of total service with the state4458
government or any of its political subdivisions, each employee in4459
positions paid in accordance with schedule B of section 124.15 of 4460
the Revised Code or in accordance with schedule E-1 or schedule 4461
E-1 for step seven only of section 124.152 of the Revised Code 4462
shall receive an automatic salary adjustment equivalent to two and 4463
one-half per cent of the classification salary base, to the 4464
nearest whole cent. Each employee shall receive thereafter an 4465
annual adjustment equivalent to one-half of one per cent of the 4466
employee's classification salary base, to the nearest whole cent, 4467
for each additional year of qualified employment until a maximum 4468
of ten per cent of the employee's classification salary base is4469
reached. The granting of longevity adjustments shall not be4470
affected by promotion, demotion, or other changes in4471
classification held by the employee, nor by any change in pay4472
range for the employee's class or grade. Longevity pay adjustments4473
shall become effective at the beginning of the pay period within 4474
which the employee completes the necessary length of service,4475
except that when an employee requests credit for prior service, 4476
the effective date of the prior service credit and of any 4477
longevity adjustment shall be the first day of the pay period4478
following approval of the credit by the director of administrative 4479
services. No employee, other than an employee who submits proof of 4480
prior service within ninety days after the date of the employee's 4481
hiring, shall receive any longevity adjustment for the period 4482
prior to the director's approval of a prior service credit. Time 4483
spent on authorized leave of absence shall be counted for this 4484
purpose.4485

       (2) An employee who has retired in accordance with the4486
provisions of any retirement system offered by the state and who4487
is employed by the state or any political subdivision of the state 4488
on or after June 24, 1987, shall not have prior service with the 4489
state or any political subdivision of the state counted for the 4490
purpose of determining the amount of the salary adjustment 4491
provided under this division.4492

       (3) There shall be a moratorium on employees' receipt under 4493
this division of credit for service with the state government or 4494
any of its political subdivisions during the period from July 1, 4495
2003, through June 30, 2005. In calculating the number of years of 4496
total service under this division, no credit shall be included for 4497
service during the moratorium. The moratorium shall apply to the 4498
employees of the secretary of state, the auditor of state, the 4499
treasurer of state, and the attorney general, who are subject to 4500
this section unless the secretary of state, the auditor of state, 4501
the treasurer of state, or the attorney general decides to exempt 4502
the office's employees from the moratorium and so notifies the 4503
director of administrative services in writing on or before July 4504
1, 2003.4505

        If an employee is exempt from the moratorium, receives credit 4506
for a period of service during the moratorium, and takes a 4507
position with another entity in the state government or any of its 4508
political subdivisions, either during or after the moratorium, and 4509
if that entity's employees are or were subject to the moratorium, 4510
the employee shall continue to retain the credit. However, if the 4511
moratorium is in effect upon the taking of the new position, the 4512
employee shall cease receiving additional credit as long as the 4513
employee is in the position, until the moratorium expires.4514

       (F) When an exceptional condition exists that creates a4515
temporary or a permanent hazard for one or more positions in a4516
class paid in accordance with schedule B of section 124.15 of the 4517
Revised Code or in accordance with schedule E-1 or schedule E-1 4518
for step seven only of section 124.152 of the Revised Code, a4519
special hazard salary adjustment may be granted for the time the4520
employee is subjected to the hazardous condition. All special4521
hazard conditions shall be identified for each position and4522
incidence from information submitted to the director on an4523
appropriate form provided by the director and categorized into4524
standard conditions of: some unusual hazard not common to the4525
class; considerable unusual hazard not common to the class; and4526
exceptional hazard not common to the class.4527

       (1) A hazardous salary adjustment of five per cent of the4528
employee's classification salary base may be applied in the case4529
of some unusual hazardous condition not common to the class for4530
those hours worked, or a fraction of those hours worked, while the 4531
employee was subject to the unusual hazard condition.4532

       (2) A hazardous salary adjustment of seven and one-half per 4533
cent of the employee's classification salary base may be applied 4534
in the case of some considerable hazardous condition not common to 4535
the class for those hours worked, or a fraction of those hours 4536
worked, while the employee was subject to the considerable hazard 4537
condition.4538

       (3) A hazardous salary adjustment of ten per cent of the4539
employee's classification salary base may be applied in the case4540
of some exceptional hazardous condition not common to the class4541
for those hours worked, or a fraction of those hours worked, when 4542
the employee was subject to the exceptional hazard condition.4543

       (4) Each claim for temporary hazard pay shall be submitted as 4544
a separate payment and shall be subject to an administrative audit 4545
by the director as to the extent and duration of the employee's 4546
exposure to the hazardous condition.4547

       (G) When a full-time employee whose salary or wage is paid4548
directly by warrant of the auditor of statedirector of budget and 4549
management and who also is eligible for overtime under the "Fair 4550
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, 4551
as amended, is ordered by the appointing authority to report back 4552
to work after termination of the employee's regular work schedule 4553
and the employee reports, the employee shall be paid for such 4554
time. The employee shall be entitled to four hours at the 4555
employee's total rate of pay or overtime compensation for the 4556
actual hours worked, whichever is greater. This division does not 4557
apply to work that is a continuation of or immediately preceding 4558
an employee's regular work schedule.4559

       (H) When a certain position or positions paid in accordance 4560
with schedule B of section 124.15 of the Revised Code or in 4561
accordance with schedule E-1 or schedule E-1 for step seven only 4562
of section 124.152 of the Revised Code require the ability to 4563
speak or write a language other than English, a special pay 4564
supplement may be granted to attract bilingual individuals, to 4565
encourage present employees to become proficient in other 4566
languages, or to retain qualified bilingual employees. The 4567
bilingual pay supplement provided in this division may be granted 4568
in the amount of five per cent of the employee's classification 4569
salary base for each required foreign language and shall remain in 4570
effect as long as the bilingual requirement exists.4571

       (I) The director of administrative services may establish a 4572
shift differential for employees. The differential shall be paid 4573
to employees in positions working in other than the regular or 4574
first shift. In those divisions or agencies where only one shift 4575
prevails, no shift differential shall be paid regardless of the 4576
hours of the day that are worked. The director and the appointing 4577
authority shall designate which positions shall be covered by this4578
division.4579

       (J) Whenever an employee is assigned to work in a higher4580
level position for a continuous period of more than two weeks but4581
no more than two years because of a vacancy, the employee's pay 4582
may be established at a rate that is approximately four per cent 4583
above the employee's current base rate for the period the employee 4584
occupies the position, provided that this temporary occupancy is4585
approved by the director. Employees paid under this division shall 4586
continue to receive any of the pay supplements due them under4587
other divisions of this section based on the step one base rate 4588
for their normal classification.4589

       (K) If a certain position, or positions, within a class paid 4590
in accordance with schedule B of section 124.15 of the Revised 4591
Code or in accordance with schedule E-1 or schedule E-1 for step 4592
seven only of section 124.152 of the Revised Code are mandated by 4593
state or federal law or regulation or other regulatory agency or 4594
other certification authority to have special technical 4595
certification, registration, or licensing to perform the functions 4596
which are under the mandate, a special professional achievement 4597
pay supplement may be granted. This special professional 4598
achievement pay supplement shall not be granted when all 4599
incumbents in all positions in a class require a license as 4600
provided in the classification description published by the 4601
department of administrative services; to licensees where no 4602
special or extensive training is required; when certification is 4603
granted upon completion of a stipulated term of in-service4604
training; when an appointing authority has required certification; 4605
or any other condition prescribed by the director.4606

       (1) Before this supplement may be applied, evidence as to the 4607
requirement must be provided by the agency for each position4608
involved, and certification must be received from the director as 4609
to the director's concurrence for each of the positions so 4610
affected.4611

       (2) The professional achievement pay supplement provided in 4612
this division shall be granted in an amount up to ten per cent of 4613
the employee's classification salary base and shall remain in 4614
effect as long as the mandate exists.4615

       (L) Those employees assigned to teaching supervisory,4616
principal, assistant principal, or superintendent positions who4617
have attained a higher educational level than a basic bachelor's4618
degree may receive an educational pay supplement to remain in4619
effect as long as the employee's assignment and classification4620
remain the same.4621

       (1) An educational pay supplement of two and one-half per4622
cent of the employee's classification salary base may be applied4623
upon the achievement of a bachelor's degree plus twenty quarter4624
hours of postgraduate work.4625

       (2) An educational pay supplement of an additional five per 4626
cent of the employee's classification salary base may be applied 4627
upon achievement of a master's degree.4628

       (3) An educational pay supplement of an additional two and4629
one-half per cent of the employee's classification salary base may 4630
be applied upon achievement of a master's degree plus thirty4631
quarter hours of postgraduate work.4632

       (4) An educational pay supplement of five per cent of the4633
employee's classification salary base may be applied when the4634
employee is performing as a master teacher.4635

       (5) An educational pay supplement of five per cent of the4636
employee's classification salary base may be applied when the4637
employee is performing as a special education teacher.4638

       (6) Those employees in teaching supervisory, principal,4639
assistant principal, or superintendent positions who are4640
responsible for specific extracurricular activity programs shall4641
receive overtime pay for those hours worked in excess of their4642
normal schedule, at their straight time hourly rate up to a4643
maximum of five per cent of their regular base salary in any4644
calendar year.4645

       (M)(1) A state agency, board, or commission may establish a4646
supplementary compensation schedule for those licensed physicians4647
employed by the agency, board, or commission in positions4648
requiring a licensed physician. The supplementary compensation4649
schedule, together with the compensation otherwise authorized by4650
this chapter, shall provide for the total compensation for these4651
employees to range appropriately, but not necessarily uniformly,4652
for each classification title requiring a licensed physician, in4653
accordance with a schedule approved by the state controlling4654
board. The individual salary levels recommended for each such4655
physician employed shall be approved by the director. 4656
Notwithstanding section 124.11 of the Revised Code, such personnel 4657
are in the unclassified civil service.4658

       (2) The director of administrative services may approve4659
supplementary compensation for the director of health, if the 4660
director is a licensed physician, in accordance with a 4661
supplementary compensation schedule approved under division (M)(1) 4662
of this section or in accordance with another supplementary 4663
compensation schedule the director of administrative services 4664
considers appropriate. The supplementary compensation shall not4665
exceed twenty per cent of the director of health's base rate of 4666
pay.4667

       (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,4668
117.42, and 131.02 of the Revised Code, the state shall not 4669
institute any civil action to recover and shall not seek 4670
reimbursement for overpayments made in violation of division (E) 4671
of this section or division (C) of section 9.44 of the Revised4672
Code for the period starting after June 24, 1987, and ending on 4673
October 31, 1993.4674

       (O) Employees of the office of the treasurer of state who are4675
exempt from collective bargaining coverage may be granted a merit 4676
pay supplement of up to one and one-half per cent of their step 4677
rate. The rate at which this supplement is granted shall be based 4678
on performance standards established by the treasurer of state. 4679
Any supplements granted under this division shall be administered 4680
on an annual basis.4681

       Sec. 124.182.  (A) There is hereby created in the state 4682
treasury the professional development fund. The director of 4683
administrative services shall use moneys credited to the fund to 4684
pay for programs that provide professional development 4685
opportunities for employees who are exempt from collective4686
bargaining coverage and paid by warrant of the auditor of state4687
director of budget and management. The director of administrative 4688
services shall identify by rule adopted under Chapter 119. of the 4689
Revised Code programs for which payments from the fund shall be 4690
made. The fund also shall be used to pay any direct and indirect4691
costs that are attributable to consultants or a third-party 4692
administrator and that are necessary to administer this section. 4693
All investment earnings of the fund shall be credited to it.4694

       (B) The director of administrative services, in consultation 4695
with the director of budget and management, shall determine a rate 4696
at which the payrolls of all participating state agencies with 4697
employees paid by warrant of the auditor of statedirector of 4698
budget and management shall be charged each pay period that is 4699
sufficient to cover the costs of administering the programs paid 4700
for with the moneys credited to the professional development fund. 4701
The rate shall be based on the total number of those employees and 4702
may be adjusted as the director of administrative services, in 4703
consultation with the director of budget and management, considers 4704
necessary. All moneys collected from the charge shall be credited 4705
to the professional development fund.4706

       (C) If the director of administrative services determines 4707
that additional appropriation amounts are necessary, the director 4708
may request that the director of budget and management increase 4709
the appropriation amounts. The additional appropriation amounts 4710
are hereby appropriated.4711

       Sec. 124.321.  (A) Whenever it becomes necessary for an4712
appointing authority to reduce its work force, the appointing4713
authority shall lay off employees or abolish their positions in4714
accordance with sections 124.321 to 124.327 of the Revised Code4715
and the rules of the director of administrative services.4716

       (B)(1) Employees may be laid off as a result of a lack of4717
funds within an appointing authority. For appointing authorities 4718
that employ persons whose salary or wage is paid by warrant of the 4719
auditor of statedirector of budget and management, the director 4720
of budget and management shall be responsible for determining 4721
whether a lack of funds exists. For appointing authorities that 4722
employ persons whose salary or wage is paid other than by warrant 4723
of the auditor of statedirector of budget and management, the 4724
appointing authority itself shall determine whether a lack of 4725
funds exists and shall file a statement of rationale and4726
supporting documentation with the director of administrative4727
services prior to sending the layoff notice.4728

        (2) As used in this division, a "lack of funds" means an 4729
appointing authority has a current or projected deficiency of 4730
funding to maintain current, or to sustain projected, levels of 4731
staffing and operations. This section does not require any 4732
transfer of money between funds in order to offset a deficiency or 4733
projected deficiency of federal funding for a program.4734

       (3) The director of budget and management shall adopt rules, 4735
under Chapter 119. of the Revised Code, for agencies whose4736
employees are paid by warrant of the auditor of statedirector of 4737
budget and management, for determining whether a lack of funds 4738
exists.4739

       (C)(1) Employees may be laid off as a result of lack of work4740
within an appointing authority. For appointing authorities whose4741
employees are paid by warrant of the auditor of statedirector of 4742
budget and management, the director of administrative services 4743
shall determine whether a lack of work exists. All other 4744
appointing authorities shall themselves determine whether a lack 4745
of work exists and shall file a statement of rationale and 4746
supporting documentation with the director of administrative 4747
services prior to sending the layoff notice.4748

        (2) As used in this division, a "lack of work" means an 4749
appointing authority has a current or projected temporary decrease 4750
in the workload, expected to last less than one year, that 4751
requires a reduction of current or projected staffing levels. The4752
determination of a lack of work shall indicate the current or4753
projected temporary decrease in the workload of an appointing4754
authority and whether the current or projected staffing levels of4755
the appointing authority will be excessive.4756

       (D)(1) Employees may be laid off as a result of abolishment4757
of positions. As used in this division, "abolishment" means the 4758
deletion of a position or positions from the organization or 4759
structure of an appointing authority.4760

       For purposes of this division, an appointing authority may 4761
abolish positions for any one or any combination of the following 4762
reasons: as a result of a reorganization for the efficient 4763
operation of the appointing authority, for reasons of economy, or 4764
for lack of work.4765

        (2)(a) Reasons of economy permitting an appointing authority 4766
to abolish a position and to lay off the holder of that position 4767
under this division shall be determined at the time the appointing 4768
authority proposes to abolish the position. The reasons of economy 4769
shall be based on the appointing authority's estimated amount of 4770
savings with respect to salary, benefits, and other matters 4771
associated with the abolishment of the position, except that the 4772
reasons of economy associated with the position's abolishment 4773
instead may be based on the appointing authority's estimated 4774
amount of savings with respect to salary and benefits only, if:4775

        (i) Either the appointing authority's operating appropriation 4776
has been reduced by an executive or legislative action, or the 4777
appointing authority has a current or projected deficiency in 4778
funding to maintain current or projected levels of staffing and 4779
operations; and4780

        (ii) It files a notice of the position's abolishment with the 4781
director of administrative services within one year of the 4782
occurrence of the applicable circumstance described in division 4783
(D)(2)(a)(i) of this section.4784

        (b) The following principles apply when a circumstance 4785
described in division (D)(2)(a)(i) of this section would serve to 4786
authorize an appointing authority to abolish a position and to lay 4787
off the holder of the position under this division based on the 4788
appointing authority's estimated amount of savings with respect to 4789
salary and benefits only:4790

       (i) The position's abolishment shall be done in good faith 4791
and not as a subterfuge for discipline.4792

       (ii) If a circumstance affects a specific program only, the 4793
appointing authority only may abolish a position within that 4794
program.4795

        (iii) If a circumstance does not affect a specific program 4796
only, the appointing authority may identify a position that it 4797
considers appropriate for abolishment based on the reasons of 4798
economy.4799

        (3) Each appointing authority shall determine itself whether 4800
any position should be abolished and shall file a statement of 4801
rationale and supporting documentation with the director of 4802
administrative services prior to sending the notice of 4803
abolishment.4804

       If an abolishment results in a reduction of the work force, 4805
the appointing authority shall follow the procedures for laying 4806
off employees, subject to the following modifications:4807

       (a) The employee whose position has been abolished shall have 4808
the right to fill an available vacancy within the employee's4809
classification.4810

       (b) If the employee whose position has been abolished has4811
more retention points than any other employee serving in the same4812
classification, the employee with the fewest retention points 4813
shall be displaced.4814

       (c) If the employee whose position has been abolished has the 4815
fewest retention points in the cla