As Passed by the House

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


Representatives Calvert, Coley, Allen, Aslanides, Collier, Combs, Dolan, Evans, C., Evans, D., Flowers, Hagan, Law, Martin, McGregor, R., Peterson, Schneider, Seitz, Setzer, Webster, White, Widowfield 



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, 121.37, 122.17, 122.171, 122.72, 122.73, 4
122.74, 122.90, 124.09, 124.11, 124.137, 124.138, 5
124.139, 124.14, 124.151, 124.152, 124.18, 6
124.181, 124.182, 124.321, 124.327, 124.382, 7
124.384, 124.387, 124.389, 124.391, 124.82, 8
124.821, 124.822, 124.823, 124.84, 125.21, 126.07, 9
126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 10
133.04, 133.06, 133.12, 133.18, 141.08, 141.10, 11
145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 12
319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 13
927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, 14
1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 15
1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 16
2151.357, 2305.2341, 2503.20, 2913.01, 2913.02, 17
2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 18
3301.0714, 3302.021, 3307.32, 3309.68, 3310.03, 19
3310.06, 3313.29, 3313.372, 3313.61, 3313.64, 20
3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 21
3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 22
3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 23
3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 24
3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 25
3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 26
3323.20, 3345.05, 3353.02, 3354.10, 3355.07, 27
3357.10, 3358.06, 3365.02, 3375.121, 3381.15, 28
3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 29
3705.242, 3734.57, 3735.67, 3745.114, 3905.43, 30
4109.01, 4109.02, 4109.06, 4117.01, 4303.29, 31
4731.22, 4731.281, 4781.04, 4905.79, 5111.061, 32
5111.081, 5111.11, 5111.20, 5111.222, 5111.231, 33
5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 34
5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 35
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 36
5123.36, 5139.50, 5505.27, 5531.10, 5577.99, 37
5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 38
5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 39
5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 40
5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 41
5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 42
5733.56, 5733.98, 5735.27, 5739.01, 5739.011, 43
5739.026, 5739.211, 5741.031, 5743.025, 5743.03, 44
5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 45
5743.13, 5743.15, 5743.33, 5743.34, 5743.35, 46
5745.01, 5747.01, 5747.012, 5747.05, 5747.056, 47
5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 48
5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 49
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, and 50
6121.02; to amend, for the purpose of adopting new 51
section numbers as indicated in parentheses, 52
sections 117.45 (126.35), 117.46 (126.36), 117.47 53
(126.37), 117.48 (126.38), 173.41 (173.394), 54
5111.081 (5111.942), 5111.082 (5111.081), 5111.083 55
(5111.082), 5111.084 (5111.083), and 5111.085 56
(5111.084); to enact new sections 3325.12, 57
3365.11, and 5111.18 and sections 131.022, 173.27, 58
307.761, 333.01, 333.02, 333.03, 333.04, 333.05, 59
333.06, 333.07, 3310.11, 3310.12, 3314.18, 60
3323.143, 3701.046, 3701.79, 4303.207, 4503.105, 61
5111.8813, 5111.8814, 5111.8815, 5111.8816, 62
5111.8817, 5111.941, 5111.943, 5112.311, 5123.37, 63
5123.371, 5123.372, 5123.373, 5123.374, 5123.375, 64
5502.261, 5531.101, 5701.11, 5705.211, 5725.222, 65
5725.98, 5729.101, 5729.102, 5729.98, 5743.021, 66
5743.321, 5748.011, and 5919.19; and to repeal 67
sections 3325.12, 3325.17, 3365.11, 4732.04, and 68
5111.18 of the Revised Code; to amend Section 3 of 69
Sub. H.B. 11 of the 126th General Assembly; to 70
amend Sections 203.09, 203.12, 203.12.12, 203.45, 71
203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 72
203.99.01, 203.99.48, 206.03, 206.09.12, 73
206.09.15, 206.09.21, 206.09.27, 206.09.36, 74
206.09.39, 206.09.42, 206.09.66, 206.09.84, 75
206.16, 206.48, 206.66, 206.66.22, 206.66.23, 76
206.66.36, 206.66.64, 206.66.66, 206.66.84, 77
206.66.85, 206.66.91, 206.67.15, 206.67.21, 78
206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 79
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 80
209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 81
209.64.60, 209.75, 209.81, 209.90.06, 212.03, 82
212.24, 212.27, 212.30, 212.33, 315.03, 557.12, 83
and 612.36.03 of Am. Sub. H.B. 66 of the 126th 84
General Assembly; to amend Sections 23 and 23.01 85
of Am. Sub. S.B. 189 of the 125th General 86
Assembly; to amend Sections 19.01, 20.01, 23.12, 87
and 23.45 of Am. Sub. H.B. 16 of the 126th General 88
Assembly, as subsequently amended; to amend 89
Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 90
68 of the 126th General Assembly, as subsequently 91
amended; to amend Section 22 of Am. Sub. S.B. 189 92
of the 125th General Assembly, as subsequently 93
amended; and to repeal Sections 315.03 and 94
557.09.09 of Am. Sub. H.B. 66 of the 126th General 95
Assembly to make capital reappropriations for the 96
biennium ending June 30, 2008, to make certain 97
supplemental and capital appropriations and to 98
provide authorization and conditions for the 99
operation of state programs.100


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, 101
109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 102
117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, 103
122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.137, 124.138, 104
124.139, 124.14, 124.151, 124.152, 124.18, 124.181, 124.182, 105
124.321, 124.327, 124.382, 124.384, 124.387, 124.389, 124.391, 106
124.82, 124.821, 124.822, 124.823, 124.84, 125.21, 126.07, 126.21, 107
126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, 108
133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, 109
184.20, 319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 110
927.42, 955.011, 955.16, 955.43, 1309.102, 1309.520, 1309.521, 111
1317.07, 1321.02, 1333.11, 1523.02, 1901.31, 1901.311, 1901.32, 112
1901.33, 2151.357, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 113
2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 114
3309.68, 3310.03, 3310.06, 3313.29, 3313.372, 3313.61, 3313.64, 115
3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 3314.26, 3314.35, 116
3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 117
3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 118
3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 3318.052, 3318.37, 119
3319.17, 3323.091, 3323.13, 3323.20, 3345.05, 3353.02, 3354.10, 120
3355.07, 3357.10, 3358.06, 3365.02, 3375.121, 3381.15, 3381.17, 121
3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3734.57, 3735.67, 122
3745.114, 3905.43, 4109.01, 4109.02, 4109.06, 4117.01, 4303.29, 123
4731.22, 4731.281, 4781.04, 4905.79, 5111.061, 5111.081, 5111.11 124
5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 125
5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 126
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 127
5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 128
5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 129
5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 130
5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 131
5733.56, 5733.98, 5735.27, 5739.01, 5739.011, 5739.026, 5739.211, 132
5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 133
5743.12, 5743.13, 5743.15, 5743.33, 5743.34, 5743.35, 5745.01, 134
5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 135
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 136
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, and 6121.02 be 137
amended; that sections 117.45 (126.35), 117.46 (126.36), 117.47 138
(126.37), 117.48 (126.38), 173.41 (173.394), 5111.081 (5111.942), 139
5111.082 (5111.081), 5111.083 (5111.082), 5111.084 (5111.083), and 140
5111.085 (5111.084) be amended for the purpose of adopting new 141
sections numbers as indicated in parentheses; that new sections 142
3325.12, 3365.11, and 5111.18 and sections 131.022, 173.27, 143
307.761, 333.01, 333.02, 333.03, 333.04, 333.05, 333.06, 333.07, 144
3310.11, 3310.12, 3314.18, 3323.143, 3701.046, 3701.79, 4303.207, 145
4503.105, 5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 146
5111.941, 5111.943, 5112.311, 5123.37, 5123.371, 5123.372, 147
5123.373, 5123.374, 5123.375, 5502.261, 5531.101, 5701.11, 148
5705.211, 5725.222, 5725.98, 5729.101, 5729.102, 5729.98, 149
5743.021, 5743.321, 5748.011, and 5919.19 of the Revised Code be 150
enacted to read as follows:151

       Sec. 9.41.  The auditor of state, director of budget and152
management, or any fiscal officer of any county, city, city health 153
district, general health district, or city school district154
thereof, or civil service township, shall not draw, sign, issue,155
or authorize the drawing, signing, or issuing of any warrant on156
the treasurer of state or other disbursing officer of the state,157
or the treasurer or other disbursing officer of any county, city,158
or city school district thereof, or civil service township, to pay 159
any salary or other compensation to any officer, clerk, employee, 160
or other person in the classified service unless an estimate, 161
payroll, or account for such salary or compensation containing the 162
name of each person to be paid, bears the certificate of the 163
director of administrative services, or in the case of the service 164
of the city or civil service township, the certificate of the 165
civil service commission of the city or civil service township, or 166
in the case of the service of the county, the certificate of the 167
appointing authority, that the persons named in the estimate, 168
payroll, or account have been appointed, promoted, reduced, 169
suspended, or laid off, or are being employed in pursuance of 170
Chapter 124. of the Revised Code and the rules adopted thereunder.171

       Where estimates, payrolls, or accounts are prepared by172
electronic data processing equipment, the director of173
administrative services or the municipal or civil service township 174
civil service commission may develop methods for controlling the 175
input or verifying the output of such equipment to ensure 176
compliance with Chapter 124. of the Revised Code and the rules 177
adopted thereunder. Any estimates, payrolls, or accounts prepared 178
by these methods shall be subject to special audit at any time.179

       Any sum paid contrary to this section may be recovered from180
any officer making such payment in contravention of law and of the 181
rules made in pursuance of law, or from any officer signing,182
countersigning, or authorizing the signing or countersigning of183
any warrant for the payment of the same, or from the sureties on184
histhe officer's official bond, in an action in the courts of the 185
state, maintained by a citizen resident therein. All moneys 186
recovered in any action brought under this section shall, when 187
collected, be paid into the state treasury or the treasury of the188
appropriate civil division of the state, except that the plaintiff 189
in any action shall be entitled to recover histhe plaintiff's own190
taxable costs of such action.191

       Sec. 9.901.  (A)(1) All health care benefits provided to 192
persons employed by the public schools of this state shall be 193
provided by medical plans designed pursuant to this section by the 194
school employees health care board. The board, in consultation 195
with the superintendent of insurance, shall negotiate with and, in 196
accordance with the competitive selection procedures of Chapter 197
125. of the Revised Code, contract with one or more insurance 198
companies authorized to do business in this state for the issuance 199
of the plans. Any or all of the medical plans designed by the 200
board may be self-insured. All self-insured plans adopted shall be 201
administered by the board in accordance with this section. As used 202
in this section, a "public school" means a school in a city, 203
local, exempted village, or joint vocational school district, and 204
includes the educational service centers associated with those 205
schools.206

       (2) Prior to soliciting proposals from insurance companies 207
for the issuance of medical plans, the board shall determine what 208
geographic regions exist in the state based on the availability of 209
providers, networks, costs, and other factors relating to 210
providing health care benefits. The board shall then determine 211
what medical plans are offered by school districts and existing 212
consortiums in the state. The board shall determine what medical 213
plan offered by a school district or existing consortium in the 214
region offers the lowest premium cost plan.215

       (3) The board shall develop a request for proposals and 216
solicit bids for medical plans for the school districts in a 217
region similar to the existing plans. The board shall also 218
determine the benefits offered by existing medical plans, the 219
employees' costs, and the cost-sharing arrangements used by public 220
schools participating in a consortium. The board shall determine 221
what strategies are used by the existing medical plans to manage 222
health care costs and shall study the potential benefits of state 223
or regional consortiums of public schools offering multiple health 224
care plans.225

       (4) As used in this section, a "medical plan" includes group 226
policies, contracts, and agreements that provide hospital, 227
surgical, or medical expense coverage, including self-insured 228
plans. A "medical plan" does not include an individual plan 229
offered to the employees of a public school, or a plan that 230
provides coverage only for specific disease or accidents, or a 231
hospital indemnity, medicare supplement, or other plan that 232
provides only supplemental benefits, paid for by the employees of 233
a public school.234

       (B) The school employees health care board is hereby created. 235
The school employees health care board shall consist of the 236
following nine members and shall include individuals with 237
experience with public school benefit programs, health care 238
industry providers, and medical plan beneficiaries:239

       (1) Three members appointed by the governor;240

       (2) Three members appointed by the president of the senate;241

       (3) Three members appointed by the speaker of the house of 242
representatives.243

       A member of the school employees health care board shall not 244
be employed by, represent, or in any way be affiliated with a 245
private entity that is providing services to the board, an 246
individual school district, employers, or employees in the state 247
of Ohio.248

       (C)(1) Members of the school employees health care board 249
shall serve four-year terms; however, one of each of the initial 250
members appointed under divisions (B)(1) to (3) of this section 251
shall be appointed to a term of one year. The initial appointments 252
under this section shall be made within forty-five days after the 253
effective date of this sectionSeptember 29, 2005.254

       Members' terms shall end on the same day of the same month as 255
the effective date of this sectiontwenty-ninth day of September, 256
but a member shall continue to serve subsequent to the expiration 257
of the member's term until a successor is appointed. Any vacancy 258
occurring during a member's term shall be filled in the same 259
manner as the original appointment, except that the person 260
appointed to fill the vacancy shall be appointed to the remainder 261
of the unexpired term.262

       (2) Members shall serve without compensation but shall be 263
reimbursed from the school employees health care fund for actual 264
and necessary expenses incurred in the performance of their 265
official duties as members of the board.266

       (3) Members may be removed by their appointing authority for 267
misfeasance, malfeasance, incompetence, dereliction of duty, or 268
other just cause.269

       (D)(1) The governor shall call the first meeting of the 270
school employees health care board. At that meeting, and annually 271
thereafter, the board shall elect a chairperson and may elect 272
members to other positions on the board as the board considers 273
necessary or appropriate. The board shall meet at least four times 274
each calendar year and shall also meet at the call of the 275
chairperson or three or more board members. The chairperson shall 276
provide reasonable advance notice of the time and place of board 277
meetings to all members.278

       (2) A majority of the board constitutes a quorum for the 279
transaction of business at a board meeting. A majority vote of the 280
members present is necessary for official action.281

       (E) The school employees health care board shall conduct its 282
business at open meetings; however, the records of the board are 283
not public records for purposes of section 149.43 of the Revised 284
Code.285

       (F) The school employees health care fund is hereby created 286
in the state treasury. The public schools shall pay all school 287
employees health care board plan premiums in the manner prescribed 288
by the school employees health care board to the board for deposit 289
into the school employees health care fund. All funds in the 290
school employees health care fund shall be used solely for the 291
provision of health care benefits to public schools employees 292
pursuant to this section and related administrative costs. 293
Premiums received by the board or insurance companies contracted 294
pursuant to division (A) of this section are not subject to any 295
state insurance premium tax.296

       (G) The school employees health care board shall do all of 297
the following:298

       (1) Design multiple medical plans, including regional plans, 299
to provide, in the board's judgment, the optimal combination of 300
coverage, cost, choice, and stability of health cost benefits. The 301
board may establish more than one tier of premium rates for any 302
medical plan. The board shall establish regions as necessary for 303
the implementation of the board's medical plans. Plans and premium 304
rates may vary across the regions established by the board.305

       (2) Set an aggregate goal for employee and employer portions 306
of premiums for the board's medical plans so as to manage plan 307
participation and encourage the use of value-based plan 308
participation by employees;309

       (3) Set employer and employee plan copayments, deductibles, 310
exclusions, limitations, formularies, premium shares, and other 311
responsibilities;312

       (4) Include disease management and consumer education 313
programs, to the extent that the board determines is appropriate, 314
in all medical plans designed by the board, which programs shall 315
include, but are not limited to, wellness programs and other 316
measures designed to encourage the wise use of medical plan 317
coverage. These programs are not services or treatments for 318
purposes of section 3901.71 of the Revised Code.319

       (5) Create and distribute to the governor, the speaker of the 320
house of representatives, and the president of the senate, an 321
annual report covering the plan background; plan coverage options; 322
plan administration, including procedures for monitoring and 323
managing objectives, scope, and methodology; plan operations; 324
employee and employer contribution rates and the relationship 325
between the rates and the school employees health care fund 326
balance; a means to develop and maintain identity and evaluate 327
alternative employee and employer cost-sharing strategies; an 328
evaluation of the effectiveness of cost-saving services and 329
programs; an evaluation of efforts to control and manage member 330
eligibility and to insure that proper employee and employer 331
contributions are remitted to the trust fund; efforts to prevent 332
and detect fraud; and efforts to manage and monitor board 333
contracts;334

       (6) Utilize cost containment measures aligned with patient, 335
plan, and provider management strategies in developing and 336
managing medical plans.337

       (H) The sections in Chapter 3923. of the Revised Code 338
regulating public employee benefit plans are not applicable to the 339
medical plans designed pursuant to this section.340

       (I)(1) Public schools are not subject to this section prior 341
to the release of medical plans designed pursuant to this section.342

       (2) Prior to the school employees health care board's release 343
of the board's initial medical plans, the board shall contract 344
with an independent consultant to analyze costs related to 345
employee health care benefits provided by existing school district 346
plans in this state. The consultant shall determine the benefits 347
offered by existing medical plans, the employees' costs, and the 348
cost-sharing arrangements used by public schools either 349
participating in a consortium or by other means. The consultant 350
shall determine what strategies are used by the existing medical 351
plans to manage health care costs and shall study the potential 352
benefits of state or regional consortiums of public schools 353
offering multiple health care plans. Based on the findings of the 354
analysis, the consultant shall submit written recommendations to 355
the board for the development and implementation of a successful 356
program for pooling school districts' purchasing power for the 357
acquisition of employee medical plans. The consultant's 358
recommendations shall address, at a minimum, all of the following 359
issues:360

       (a) The establishment of regions for the provision of medical 361
plans, based on the availability of providers and plans in the 362
state at the time that the school employees health care board is 363
established;364

       (b) The use of regional preferred provider and closed panel 365
plans, health savings accounts, and alternative medical plans, to 366
stabilize both costs and the premiums charged school districts and 367
district employees;368

       (c) The development of a system to obtain eligibility data 369
and data compiled pursuant to the "Consolidated Omnibus Budget 370
Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. 371
1161, as amended;372

       (d) The use of the competitive bidding process for regional 373
medical plans;374

       (e) The development of a timeline planning for the design and 375
use of board medical plans by not later than December 31, 2007;376

       (f) The use of information on claims and costs and of 377
information reported by districts pursuant to COBRA in analyzing 378
administrative and premium costs;379

       (g) The experience of states that have mandated statewide 380
medical plans for public school employees, including the 381
implementation strategies used by those states;382

       (h) Recommended strategies for the use of first-year roll-in 383
premiums in the transition from district medical plans to school 384
employees health care board plans;385

       (i) The option of allowing school districts to join an 386
existing regional consortium as an alternative to school employees 387
health care board plans;388

       (j) Mandatory and optional coverages to be offered by the 389
board's medical plans;390

       (k) Potential risks to the state from the use of medical 391
plans developed pursuant to this section;392

       (l) Any legislation needed to ensure the long-term financial 393
solvency and stability of a health care purchasing system;394

       (m) The potential impacts of any changes to the existing 395
purchasing structure on all of the following:396

       (i) Existing health care pooling and consortiums;397

       (ii) School district employees;398

       (iii) Individual school districts.399

       (n) Issues that could arise when school districts transition 400
from the existing purchasing structure to a new purchasing 401
structure;402

       (o) Strategies available to the board in the creation of fund 403
reserves and the need for stop-loss insurance coverage for 404
catastrophic losses;405

       (p) Any legislation needed to establish and maintain medical 406
plans designed pursuant to this section. The consultant shall 407
submit all legislative recommendations not later than December 31, 408
2005August 30, 2006, in writing, to the school employees health 409
care board and to the governor, the speaker of the house of 410
representatives, and the president of the senate.411

       (3) The public schools health care advisory committee is 412
hereby created under the school employees health care board. The 413
committee shall make recommendations to the school employees 414
health care board related to the board's accomplishment of the 415
duties assigned to the board under this section. The committee 416
shall consist of eighteen members. The governor, the speaker of 417
the house of representatives, and the president of the senate 418
shall each appoint a representative from the Ohio education 419
association, the Ohio school boards association, the Ohio 420
association of school business officials, the Ohio association of 421
health underwriters, an existing health care consortium serving 422
public schools, and a health insuring corporation licensed to do 423
business in Ohio and recommended by the Ohio association of health 424
plans. The initial appointees shall be appointed to a one-year 425
term not later than July 31, 20052007, the members' term to begin 426
on that date. Subsequent one-year appointments, to commence on the 427
thirty-first day of July of each year, shall be made in the same 428
manner. A member shall continue to serve subsequent to the 429
expiration of the member's term until the member's successor is 430
appointed. Any vacancy occurring during a member's term shall be 431
filled in the same manner as the original appointment, except that 432
the person appointed to fill the vacancy shall be appointed to the 433
remainder of the unexpired term. The governor shall call the first 434
meeting of each newly appointed committee. At that meeting the 435
board shall elect a chairperson who shall call the time and place 436
of future committee meetings. Committee members are not subject to 437
the conditions for eligibility set by division (B) of this section 438
for members of the school employees health care board.439

       (4) The school employees health care board shall submit a 440
written study to the governor and the general assembly not later 441
than January 15December 1, 2006, of a plan to operate in 442
compliance with this section, and on the governance of the school 443
employees health care board. A copy of the board's plan of 444
operation, including audit provisions, shall accompany the report 445
on the board's governance and the report shall include the board's 446
recommendations on any legislation needed to enforce the 447
recommendations of the board on implementing the provisions of 448
this section.449

       (5) Not later than January 15, 2009, and not later than the 450
same day of each subsequent year, the school employees health care 451
board shall submit a written report to the governor and each 452
member of the general assembly, which report evaluates the 453
performance of school employees health care board medical plans 454
during the previous year. Districts offering employee health care 455
benefits through a plan offered by a consortium of two or more 456
districts, or a consortium of one or more districts and one or 457
more political subdivisions as defined in section 9.833 of the 458
Revised Code, representing five thousand or more employees as of 459
January 1, 2005, may request permission from the school employees 460
health care board to continue offering consortium plans to the 461
districts' employees at the discretion of the board. If the board 462
grants permission, the permission is valid for only one year but 463
may be renewed annually thereafter upon application to an approval 464
of the board. The board shall grant initial or continued approval 465
upon finding, based on an actuarial evaluation of the existing 466
consortium plan offerings, that benefit design, premium costs, 467
administrative cost, and other factors considered by the board are 468
equivalent to or lower than comparable costs of the board's plan 469
options offered to the local district. Age and gender adjustments, 470
benefit comparison adjustments, and the total cost of the 471
consortium plan, including administration, benefit cost, stop-loss 472
insurance, and all other expenses or information requested by the 473
board shall be presented to the board prior to the board's 474
decision to allow a local district to continue to offer health 475
care benefits under a consortium plan. A district shall not 476
participate in the consortium plan once the district has chosen to 477
offer plans designed by the board to the district's employees and 478
begins premium payments for deposit into the school employees 479
health care fund.480

       (6) Any districts providing medical plan coverage for the 481
employees of public schools, or that have provided coverage within 482
two years prior to the effective date of this sectionSeptember 483
29, 2005, shall provide nonidentifiable aggregate claims data for 484
the coverage to the school employees health care board or the 485
department of administrative services, without charge, within 486
thirty days after receiving a written request from the board or 487
the department. The claims data shall include data relating to 488
employee group benefit sets, demographics, and claims experience.489

       (J) The school employees health care board may contract with 490
other state agencies as the board deems necessary for the 491
implementation and operation of this section, based on 492
demonstrated experience and expertise in administration, 493
management, data handling, actuarial studies, quality assurance, 494
or other needed services. The school employees health care board 495
shall contract with the department of administrative services for 496
central services until the board is able to obtain such services 497
from other sources. The board shall reimburse the department of 498
administrative services for the reasonable cost of those services.499

       (K) The board's administrative functions shall include, but 500
are not limited to, the following:501

       (1) Maintaining reserves in the school employees health care 502
fund, reinsurance, and other measures that in the judgment of the 503
board will result in the long-term stability and solvency of the 504
medical plans designed by the board. The board shall bill school 505
districts, in proportion to a district's premium payments to all 506
premium payments paid into the school employees health care fund 507
during the previous year, in order to maintain necessary reserves, 508
reinsurance, and administrative and operating funds. Each school 509
district contributing to a board medical plan shall share any 510
losses due to the expense of claims paid by the plan. In the event 511
of a loss, the board may bill each district an amount, in 512
proportion to the district's premium payments to all premium 513
payments paid into the school employees health care fund during 514
the previous year, sufficient in total to cover the loss. The 515
state is not liable for any obligations of the school employees 516
health care board or the school employees health care fund, or for 517
expenses of public schools or school districts related to the 518
board's medical plans.519

       (2) Providing health care information, wellness programs, and 520
other preventive health care measures to medical plan 521
beneficiaries, to the extent that the board determines to be 522
appropriate;523

       (3) Coordinating contracts for services related to the 524
board's medical plans. Contracts shall be approved by the school 525
employees health care board.526

       (L) Not less than ninety days before coverage begins for 527
public school employees under medical plans designed by the school 528
employees health care board, a school district's board of 529
education shall provide detailed information about the medical 530
plans to the employees.531

       (M) Nothing in this section shall be construed as prohibiting 532
public schools or school districts from consulting with and 533
compensating insurance agents and brokers for professional 534
services.535

       (N) The department of administrative services shall report to 536
the governor, the speaker of the house of representatives, and the 537
president of the senate within eighteen months after the effective 538
date of this sectionnot later than April 30, 2007, on the 539
feasibility of achieving all of the following:540

       (1) Designing multiple medical plans to cover persons 541
employed by public institutions of higher education that achieve 542
an optimal combination of coverage, cost, choice, and stability, 543
which plans include both state and regional preferred provider 544
plans, set employee and employer premiums, and set employee plan 545
copayments, deductibles, exclusions, limitations, formularies, and 546
other responsibilities. For this purpose, "public institutions of 547
higher education" include, without limitation, state universities 548
and colleges, state community college districts, community college 549
districts, university branch districts, technical college 550
districts, and municipal universities. 551

       (2) Maintaining reserves, reinsurance, and other measures to 552
insure the long-term stability and solvency of the medical plans;553

       (3) Providing appropriate health care information, wellness 554
programs, and other preventive health care measures to medical 555
plan beneficiaries;556

       (4) Coordinating contracts for services related to the 557
medical plans.558

       Sec. 101.543. TheAs used in this section, "published" means 559
to produce an electronic record that is accessible to the public.560

       The daily journals of the senate and house of representatives 561
journals shall be printed or published daily during each session 562
of the general assembly in pamphlet form without covers. The 563
senate journal shall precede the house of representatives journal 564
in the pamphlet. The composition used in printing or publishing565
the daily journals shall be retained for use in printing the final 566
journals.567

       The final journals and appendixes of the senate and house of 568
representatives journals and appendixes shall be printed after 569
adjournment sine die and be bound in half law binding. The 570
respective journal of each house and its proper appendix shall 571
compose one volume unless the clerk of the senate or clerk of the572
house of representatives, as the case may be, directs that they be573
bound in separate volumes.574

       Sec. 107.40.  (A) There is hereby created the governor's 575
residence advisory commission. The commission shall provide for 576
the preservation, restoration, acquisition, and conservation of 577
all decorations, objects of art, chandeliers, china, silver, 578
statues, paintings, furnishings, accouterments, and other 579
aesthetic materials that have been acquired, donated, loaned, or 580
otherwise obtained by the state for the governor's residence and 581
that have been approved by the commission. In addition, the 582
commission shall provide for the maintenance of plants that have 583
been acquired, donated, loaned, or otherwise obtained by the state 584
for the governor's residence and that have been approved by the 585
commission.586

       (B) The commission shall be responsible for the care, 587
provision, repair, and placement of furnishings and other objects 588
and accessories of the grounds and public areas of the first story 589
of the governor's residence and for the care and placement of 590
plants on the grounds. In exercising this responsibility, the 591
commission shall preserve and seek to further establish theboth 592
of the following:593

       (1) The authentic ambiance and decor of the historic era 594
during which the governor's residence was constructed. These;595

       (2) The grounds as a representation of Ohio's natural 596
ecosystems.597

        These duties shall not affect the obligation of the 598
department of administrative services to provide for the general 599
maintenance and operating expenses of the governor's residence.600

       (C) The commission shall consist of nineeleven members. One 601
member shall be the director of administrative services or the 602
director's designee, who shall serve during the director's term of 603
office and shall serve as chairperson. One member shall be the 604
director of the Ohio historical society or the director's 605
designee, who shall serve during the director's term of office and 606
shall serve as vice-chairperson. One member shall represent the 607
Columbus landmarks foundation. One member shall represent the608
Bexley historical society. One member shall be the mayor of the 609
city of Bexley, who shall serve during the mayor's term of office. 610
One member shall be the chief executive officer of the Franklin 611
park conservatory joint recreation district, who shall serve 612
during the term of employment as chief executive officer. The613
remaining five members shall be appointed by the governor with the 614
advice and consent of the senate. The five members appointed by 615
the governor shall be persons with knowledge of Ohio history, 616
architecture, decorative arts, or historic preservation, and one 617
of those members shall have knowledge of landscape architecture, 618
garden design, horticulture, and plants native to this state.619

       (D) Of the initial appointees, the representative of the620
Columbus landmarks foundation shall serve for a term expiring621
December 31, 1996, and the representative of the Bexley historical 622
society shall serve for a term expiring December 31, 1997. Of the 623
five members appointed by the governor, three shall serve for 624
terms ending December 31, 1998, and two shall serve for terms 625
ending December 31, 1999. Thereafter, each term shall be for four 626
years, commencing on the first day of January and ending on the 627
last day of December. EachThe member having knowledge of 628
landscape architecture, garden design, horticulture, and plants 629
native to this state initially shall be appointed upon the first 630
vacancy on the commission occurring on or after the effective date 631
of this amendment.632

        Each member shall hold office from the date of the member's633
appointment until the end of the term for which the member was634
appointed. Any member appointed to fill a vacancy occurring prior 635
to the end of the term for which the member's predecessor was 636
appointed shall hold office for the remainder of the term. Any 637
member shall continue in office subsequent to the expiration of 638
the term until the member's successor takes office.639

       (E) FiveSix members of the commission constitute a quorum, 640
and the affirmative vote of fivesix members is required for 641
approval of any action by the commission.642

       (F) After each initial member of the commission has been 643
appointed, the commission shall meet and select one member as 644
secretary and another as treasurer. Organizational meetings of the 645
commission shall be held at the time and place designated by call 646
of the chairperson. Meetings of the commission may be held 647
anywhere in the state and shall be in compliance with Chapters 648
121. and 149. of the Revised Code. The commission may adopt, 649
pursuant to section 111.15 of the Revised Code, rules necessary to 650
carry out the purposes of this section.651

       (G) Members of the commission shall serve without 652
remuneration, but shall be compensated for actual and necessary 653
expenses incurred in the performance of their official duties.654

       (H) All expenses incurred in carrying out this section are 655
payable solely from money accrued under this section or 656
appropriated for these purposes by the general assembly, and the 657
commission shall incur no liability or obligation beyond such 658
money.659

       (I) The commission may accept any donation, gift, bequest, or 660
devise for the governor's residence or as an endowment for the 661
maintenance and care of the garden on the grounds of the 662
governor's residence in furtherance of its duties. Any revenue 663
received by the commission shall be deposited into the governor's 664
residence fund, which is hereby established in the state treasury, 665
for use by the commission in accordance with the performance of 666
its duties. All investment earnings of the fund shall be credited 667
to the fund. Title to all property acquired by the commission 668
shall be taken in the name of the state and shall be held for the 669
use and benefit of the commission.670

       (J) Nothing in this section limits the ability of a person or 671
other entity to purchase decorations, objects of art, chandeliers, 672
china, silver, statues, paintings, furnishings, accouterments, 673
plants, or other aesthetic materials for placement in the 674
governor's residence or on the grounds of the governor's residence675
or donation to the commission. No such object or plant, however, 676
shall be placed on the grounds or public areas of the first story 677
of the governor's residence without the consent of the commission.678

       Sec. 109.57.  (A)(1) The superintendent of the bureau of679
criminal identification and investigation shall procure from 680
wherever procurable and file for record photographs, pictures, 681
descriptions, fingerprints, measurements, and other information 682
that may be pertinent of all persons who have been convicted of 683
committing within this state a felony, any crime constituting a 684
misdemeanor on the first offense and a felony on subsequent685
offenses, or any misdemeanor described in division (A)(1)(a) of 686
section 109.572 of the Revised Code, of all children under 687
eighteen years of age who have been adjudicated delinquent 688
children for committing within this state an act that would be a 689
felony or an offense of violence if committed by an adult or who 690
have been convicted of or pleaded guilty to committing within this 691
state a felony or an offense of violence, and of all well-known 692
and habitual criminals. The person in charge of any county, 693
multicounty, municipal, municipal-county, or multicounty-municipal 694
jail or workhouse, community-based correctional facility, halfway 695
house, alternative residential facility, or state correctional 696
institution and the person in charge of any state institution 697
having custody of a person suspected of having committed a felony, 698
any crime constituting a misdemeanor on the first offense and a 699
felony on subsequent offenses, or any misdemeanor described in 700
division (A)(1)(a) of section 109.572 of the Revised Code or 701
having custody of a child under eighteen years of age with respect 702
to whom there is probable cause to believe that the child may have 703
committed an act that would be a felony or an offense of violence 704
if committed by an adult shall furnish such material to the 705
superintendent of the bureau. Fingerprints, photographs, or other706
descriptive information of a child who is under eighteen years of 707
age, has not been arrested or otherwise taken into custody for 708
committing an act that would be a felony or an offense of violence 709
if committed by an adult, has not been adjudicated a delinquent 710
child for committing an act that would be a felony or an offense 711
of violence if committed by an adult, has not been convicted of or 712
pleaded guilty to committing a felony or an offense of violence, 713
and is not a child with respect to whom there is probable cause to714
believe that the child may have committed an act that would be a 715
felony or an offense of violence if committed by an adult shall 716
not be procured by the superintendent or furnished by any person 717
in charge of any county, multicounty, municipal, municipal-county, 718
or multicounty-municipal jail or workhouse, community-based 719
correctional facility, halfway house, alternative residential 720
facility, or state correctional institution, except as authorized 721
in section 2151.313 of the Revised Code.722

       (2) Every clerk of a court of record in this state, other 723
than the supreme court or a court of appeals, shall send to the724
superintendent of the bureau a weekly report containing a summary 725
of each case involving a felony, involving any crime constituting 726
a misdemeanor on the first offense and a felony on subsequent 727
offenses, involving a misdemeanor described in division (A)(1)(a) 728
of section 109.572 of the Revised Code, or involving an729
adjudication in a case in which a child under eighteen years of 730
age was alleged to be a delinquent child for committing an act 731
that would be a felony or an offense of violence if committed by732
an adult. The clerk of the court of common pleas shall include in 733
the report and summary the clerk sends under this division all 734
information described in divisions (A)(2)(a) to (f) of this 735
section regarding a case before the court of appeals that is 736
served by that clerk. The summary shall be written on the standard 737
forms furnished by the superintendent pursuant to division (B) of 738
this section and shall include the following information:739

       (a) The incident tracking number contained on the standard 740
forms furnished by the superintendent pursuant to division (B) of 741
this section;742

       (b) The style and number of the case;743

       (c) The date of arrest;744

       (d) The date that the person was convicted of or pleaded 745
guilty to the offense, adjudicated a delinquent child for 746
committing the act that would be a felony or an offense of 747
violence if committed by an adult, found not guilty of the748
offense, or found not to be a delinquent child for committing an 749
act that would be a felony or an offense of violence if committed 750
by an adult, the date of an entry dismissing the charge, an entry 751
declaring a mistrial of the offense in which the person is 752
discharged, an entry finding that the person or child is not 753
competent to stand trial, or an entry of a nolle prosequi, or the 754
date of any other determination that constitutes final resolution 755
of the case;756

       (e) A statement of the original charge with the section of 757
the Revised Code that was alleged to be violated;758

       (f) If the person or child was convicted, pleaded guilty, or 759
was adjudicated a delinquent child, the sentence or terms of 760
probation imposed or any other disposition of the offender or the 761
delinquent child.762

       If the offense involved the disarming of a law enforcement 763
officer or an attempt to disarm a law enforcement officer, the 764
clerk shall clearly state that fact in the summary, and the 765
superintendent shall ensure that a clear statement of that fact is 766
placed in the bureau's records.767

       (3) The superintendent shall cooperate with and assist768
sheriffs, chiefs of police, and other law enforcement officers in 769
the establishment of a complete system of criminal identification 770
and in obtaining fingerprints and other means of identification of 771
all persons arrested on a charge of a felony, any crime 772
constituting a misdemeanor on the first offense and a felony on 773
subsequent offenses, or a misdemeanor described in division774
(A)(1)(a) of section 109.572 of the Revised Code and of all 775
children under eighteen years of age arrested or otherwise taken 776
into custody for committing an act that would be a felony or an 777
offense of violence if committed by an adult. The superintendent 778
also shall file for record the fingerprint impressions of all 779
persons confined in a county, multicounty, municipal, 780
municipal-county, or multicounty-municipal jail or workhouse,781
community-based correctional facility, halfway house, alternative 782
residential facility, or state correctional institution for the 783
violation of state laws and of all children under eighteen years 784
of age who are confined in a county, multicounty, municipal, 785
municipal-county, or multicounty-municipal jail or workhouse, 786
community-based correctional facility, halfway house, alternative 787
residential facility, or state correctional institution or in any788
facility for delinquent children for committing an act that would 789
be a felony or an offense of violence if committed by an adult, 790
and any other information that the superintendent may receive from 791
law enforcement officials of the state and its political 792
subdivisions.793

       (4) The superintendent shall carry out Chapter 2950. of the794
Revised Code with respect to the registration of persons who are 795
convicted of or plead guilty to either a sexually oriented offense 796
that is not a registration-exempt sexually oriented offense or a 797
child-victim oriented offense and with respect to all other duties 798
imposed on the bureau under that chapter.799

       (5) The bureau shall perform centralized recordkeeping 800
functions for criminal history records and services in this state 801
for purposes of the national crime prevention and privacy compact 802
set forth in section 109.571 of the Revised Code and is the 803
criminal history record repository as defined in that section for 804
purposes of that compact. The superintendent or the 805
superintendent's designee is the compact officer for purposes of 806
that compact and shall carry out the responsibilities of the 807
compact officer specified in that compact.808

       (B) The superintendent shall prepare and furnish to every809
county, multicounty, municipal, municipal-county, or810
multicounty-municipal jail or workhouse, community-based 811
correctional facility, halfway house, alternative residential 812
facility, or state correctional institution and to every clerk of 813
a court in this state specified in division (A)(2) of this section 814
standard forms for reporting the information required under 815
division (A) of this section. The standard forms that the 816
superintendent prepares pursuant to this division may be in a 817
tangible format, in an electronic format, or in both tangible 818
formats and electronic formats.819

       (C) The superintendent may operate a center for electronic, 820
automated, or other data processing for the storage and retrieval 821
of information, data, and statistics pertaining to criminals and 822
to children under eighteen years of age who are adjudicated823
delinquent children for committing an act that would be a felony 824
or an offense of violence if committed by an adult, criminal 825
activity, crime prevention, law enforcement, and criminal justice, 826
and may establish and operate a statewide communications network 827
to gather and disseminate information, data, and statistics for 828
the use of law enforcement agencies. The superintendent may 829
gather, store, retrieve, and disseminate information, data, and 830
statistics that pertain to children who are under eighteen years 831
of age and that are gathered pursuant to sections 109.57 to 109.61 832
of the Revised Code together with information, data, and833
statistics that pertain to adults and that are gathered pursuant 834
to those sections. In addition to any other authorized use of 835
information, data, and statistics of that nature, the 836
superintendent or the superintendent's designee may provide and 837
exchange the information, data, and statistics pursuant to the 838
national crime prevention and privacy compact as described in 839
division (A)(5) of this section.840

       (D) The information and materials furnished to the841
superintendent pursuant to division (A) of this section and842
information and materials furnished to any board or person under843
division (F) or (G) of this section are not public records under 844
section 149.43 of the Revised Code.845

       (E) The attorney general shall adopt rules, in accordance846
with Chapter 119. of the Revised Code, setting forth the procedure 847
by which a person may receive or release information gathered by 848
the superintendent pursuant to division (A) of this section. A 849
reasonable fee may be charged for this service. If a temporary 850
employment service submits a request for a determination of 851
whether a person the service plans to refer to an employment852
position has been convicted of or pleaded guilty to an offense853
listed in division (A)(1), (3), (4), (5), or (6) of section 854
109.572 of the Revised Code, the request shall be treated as a 855
single request and only one fee shall be charged.856

       (F)(1) As used in division (F)(2) of this section, "head857
start agency" means an entity in this state that has been approved 858
to be an agency for purposes of subchapter II of the "Community 859
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 860
as amended.861

       (2)(a) In addition to or in conjunction with any request that862
is required to be made under section 109.572, 2151.86, 3301.32,863
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 864
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 865
education of any school district; the director of mental 866
retardation and developmental disabilities; any county board of 867
mental retardation and developmental disabilities; any entity 868
under contract with a county board of mental retardation and 869
developmental disabilities; the chief administrator of any 870
chartered nonpublic school; the chief administrator of any home 871
health agency; the chief administrator of or person operating any 872
child day-care center, type A family day-care home, or type B 873
family day-care home licensed or certified under Chapter 5104. of 874
the Revised Code; the administrator of any type C family day-care875
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st876
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st877
general assembly; the chief administrator of any head start 878
agency; or the executive director of a public children services 879
agency may request that the superintendent of the bureau 880
investigate and determine, with respect to any individual who has 881
applied for employment in any position after October 2, 1989, or 882
any individual wishing to apply for employment with a board of 883
education may request, with regard to the individual, whether the 884
bureau has any information gathered under division (A) of this 885
section that pertains to that individual. On receipt of the 886
request, the superintendent shall determine whether that 887
information exists and, upon request of the person, board, or 888
entity requesting information, also shall request from the federal 889
bureau of investigation any criminal records it has pertaining to 890
that individual. The superintendent or the superintendent's 891
designee also may request criminal history records from other 892
states or the federal government pursuant to the national crime 893
prevention and privacy compact set forth in section 109.571 of the 894
Revised Code. Within thirty days of the date that the 895
superintendent receives a request, the superintendent shall send 896
to the board, entity, or person a report of any information that 897
the superintendent determines exists, including information 898
contained in records that have been sealed under section 2953.32 899
of the Revised Code, and, within thirty days of its receipt, shall 900
send the board, entity, or person a report of any information 901
received from the federal bureau of investigation, other than 902
information the dissemination of which is prohibited by federal 903
law.904

       (b) When a board of education is required to receive 905
information under this section as a prerequisite to employment of 906
an individual pursuant to section 3319.39 of the Revised Code, it 907
may accept a certified copy of records that were issued by the 908
bureau of criminal identification and investigation and that are909
presented by an individual applying for employment with the910
district in lieu of requesting that information itself. In such a 911
case, the board shall accept the certified copy issued by the 912
bureau in order to make a photocopy of it for that individual's 913
employment application documents and shall return the certified 914
copy to the individual. In a case of that nature, a district only 915
shall accept a certified copy of records of that nature within one 916
year after the date of their issuance by the bureau.917

       (3) The state board of education may request, with respect to 918
any individual who has applied for employment after October 2,919
1989, in any position with the state board or the department of920
education, any information that a school district board of921
education is authorized to request under division (F)(2) of this 922
section, and the superintendent of the bureau shall proceed as if 923
the request has been received from a school district board of 924
education under division (F)(2) of this section.925

       (4) When the superintendent of the bureau receives a request 926
for information under section 3319.291 of the Revised Code, the 927
superintendent shall proceed as if the request has been received 928
from a school district board of education under division (F)(2) of 929
this section.930

       (5) When a recipient of a classroom reading improvement grant 931
paid under section 3301.86 of the Revised Code requests, with 932
respect to any individual who applies to participate in providing 933
any program or service funded in whole or in part by the grant, 934
the information that a school district board of education is 935
authorized to request under division (F)(2)(a) of this section, 936
the superintendent of the bureau shall proceed as if the request 937
has been received from a school district board of education under 938
division (F)(2)(a) of this section.939

       (G) In addition to or in conjunction with any request that is 940
required to be made under section 173.41, 3701.881, 3712.09,941
3721.121, or 3722.151 of the Revised Code with respect to an 942
individual who has applied for employment in a position that 943
involves providing direct care to an older adult, the chief944
administrator of a PASSPORT agency that provides services through 945
the PASSPORT program created under section 173.40 of the Revised946
Code, home health agency, hospice care program, home licensed 947
under Chapter 3721. of the Revised Code, adult day-care program948
operated pursuant to rules adopted under section 3721.04 of the949
Revised Code, or adult care facility may request that the 950
superintendent of the bureau investigate and determine, with 951
respect to any individual who has applied after January 27, 1997, 952
for employment in a position that does not involve providing953
direct care to an older adult, whether the bureau has any 954
information gathered under division (A) of this section that 955
pertains to that individual. On956

       In addition to or in conjunction with any request that is 957
required to be made under section 173.27 of the Revised Code with 958
respect to an individual who has applied for employment in a 959
position that involves providing ombudsperson services to 960
residents of long-term care facilities or recipients of 961
community-based long-term care services, the state long-term care 962
ombudsperson, ombudsperson's designee, or director of health may 963
request that the superintendent investigate and determine, with 964
respect to any individual who has applied for employment in a 965
position that does not involve providing such ombudsperson 966
services, whether the bureau has any information gathered under 967
division (A) of this section that pertains to that applicant.968

       In addition to or in conjunction with any request that is 969
required to be made under section 173.394 of the Revised Code with 970
respect to an individual who has applied for employment in a 971
position that involves providing direct care to an individual, the 972
chief administrator of a community-based long-term care agency may 973
request that the superintendent investigate and determine, with 974
respect to any individual who has applied for employment in a 975
position that does not involve providing direct care, whether the 976
bureau has any information gathered under division (A) of this 977
section that pertains to that applicant.978

       On receipt of thea request under this division, the979
superintendent shall determine whether that information exists980
and, on request of the administratorindividual requesting 981
information, shall also request from the federal bureau of 982
investigation any criminal records it has pertaining to that983
individualthe applicant. The superintendent or the 984
superintendent's designee also may request criminal history 985
records from other states or the federal government pursuant to 986
the national crime prevention and privacy compact set forth in 987
section 109.571 of the Revised Code. Within thirty days of the 988
date a request is received, the superintendent shall send to the 989
administratorrequester a report of any information determined to 990
exist, including information contained in records that have been 991
sealed under section 2953.32 of the Revised Code, and, within 992
thirty days of its receipt, shall send the administratorrequester993
a report of any information received from the federal bureau of994
investigation, other than information the dissemination of which 995
is prohibited by federal law.996

       (H) Information obtained by a board, administrator,997
government entity or other person under this section is 998
confidential and shall not be released or disseminated.999

       (I) The superintendent may charge a reasonable fee for1000
providing information or criminal records under division (F)(2) or 1001
(G) of this section.1002

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 1003
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 1004
5153.111 of the Revised Code, a completed form prescribed pursuant 1005
to division (C)(1) of this section, and a set of fingerprint 1006
impressions obtained in the manner described in division (C)(2) of 1007
this section, the superintendent of the bureau of criminal 1008
identification and investigation shall conduct a criminal records 1009
check in the manner described in division (B) of this section to 1010
determine whether any information exists that indicates that the 1011
person who is the subject of the request previously has been 1012
convicted of or pleaded guilty to any of the following:1013

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1014
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1015
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1016
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1017
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1018
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1019
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1020
2925.06, or 3716.11 of the Revised Code, felonious sexual 1021
penetration in violation of former section 2907.12 of the Revised 1022
Code, a violation of section 2905.04 of the Revised Code as it 1023
existed prior to July 1, 1996, a violation of section 2919.23 of 1024
the Revised Code that would have been a violation of section 1025
2905.04 of the Revised Code as it existed prior to July 1, 1996, 1026
had the violation been committed prior to that date, or a 1027
violation of section 2925.11 of the Revised Code that is not a 1028
minor drug possession offense;1029

       (b) A violation of an existing or former law of this state, 1030
any other state, or the United States that is substantially 1031
equivalent to any of the offenses listed in division (A)(1)(a) of 1032
this section.1033

       (2) On receipt of a request pursuant to section 5123.081 of 1034
the Revised Code with respect to an applicant for employment in 1035
any position with the department of mental retardation and 1036
developmental disabilities, pursuant to section 5126.28 of the 1037
Revised Code with respect to an applicant for employment in any 1038
position with a county board of mental retardation and 1039
developmental disabilities, or pursuant to section 5126.281 of the 1040
Revised Code with respect to an applicant for employment in a 1041
direct services position with an entity contracting with a county 1042
board for employment, a completed form prescribed pursuant to 1043
division (C)(1) of this section, and a set of fingerprint 1044
impressions obtained in the manner described in division (C)(2) of 1045
this section, the superintendent of the bureau of criminal 1046
identification and investigation shall conduct a criminal records 1047
check. The superintendent shall conduct the criminal records check 1048
in the manner described in division (B) of this section to 1049
determine whether any information exists that indicates that the 1050
person who is the subject of the request has been convicted of or 1051
pleaded guilty to any of the following:1052

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1053
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1054
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 1055
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 1056
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1057
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 1058
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 1059
2925.03, or 3716.11 of the Revised Code;1060

       (b) An existing or former municipal ordinance or law of this 1061
state, any other state, or the United States that is substantially 1062
equivalent to any of the offenses listed in division (A)(2)(a) of 1063
this section.1064

       (3) On receipt of a request pursuant to section 173.411065
173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised 1066
Code, a completed form prescribed pursuant to division (C)(1) of 1067
this section, and a set of fingerprint impressions obtained in the 1068
manner described in division (C)(2) of this section, the 1069
superintendent of the bureau of criminal identification and 1070
investigation shall conduct a criminal records check with respect 1071
to any person who has applied for employment in a position that 1072
involves providing direct care to an older adultfor which a 1073
criminal records check is required by those sections. The 1074
superintendent shall conduct the criminal records check in the 1075
manner described in division (B) of this section to determine 1076
whether any information exists that indicates that the person who 1077
is the subject of the request previously has been convicted of or 1078
pleaded guilty to any of the following:1079

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1080
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1081
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1082
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1083
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1084
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1085
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1086
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1087
2925.22, 2925.23, or 3716.11 of the Revised Code;1088

       (b) An existing or former law of this state, any other state, 1089
or the United States that is substantially equivalent to any of 1090
the offenses listed in division (A)(3)(a) of this section.1091

       (4) On receipt of a request pursuant to section 3701.881 of 1092
the Revised Code with respect to an applicant for employment with 1093
a home health agency as a person responsible for the care, 1094
custody, or control of a child, a completed form prescribed 1095
pursuant to division (C)(1) of this section, and a set of 1096
fingerprint impressions obtained in the manner described in 1097
division (C)(2) of this section, the superintendent of the bureau 1098
of criminal identification and investigation shall conduct a 1099
criminal records check. The superintendent shall conduct the 1100
criminal records check in the manner described in division (B) of 1101
this section to determine whether any information exists that 1102
indicates that the person who is the subject of the request 1103
previously has been convicted of or pleaded guilty to any of the 1104
following:1105

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1106
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1107
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 1108
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 1109
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 1110
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1111
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1112
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 1113
violation of section 2925.11 of the Revised Code that is not a 1114
minor drug possession offense;1115

       (b) An existing or former law of this state, any other state, 1116
or the United States that is substantially equivalent to any of 1117
the offenses listed in division (A)(4)(a) of this section.1118

       (5) On receipt of a request pursuant to section 5111.95 or 1119
5111.96 of the Revised Code with respect to an applicant for 1120
employment with a waiver agency participating in a department of 1121
job and family services administered home and community-based 1122
waiver program or an independent provider participating in a 1123
department administered home and community-based waiver program in 1124
a position that involves providing home and community-based waiver 1125
services to consumers with disabilities, a completed form 1126
prescribed pursuant to division (C)(1) of this section, and a set 1127
of fingerprint impressions obtained in the manner described in 1128
division (C)(2) of this section, the superintendent of the bureau 1129
of criminal identification and investigation shall conduct a 1130
criminal records check. The superintendent shall conduct the 1131
criminal records check in the manner described in division (B) of 1132
this section to determine whether any information exists that 1133
indicates that the person who is the subject of the request 1134
previously has been convicted of or pleaded guilty to any of the 1135
following:1136

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1137
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 1138
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 1139
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 1140
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1141
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 1142
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 1143
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 1144
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1145
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 1146
Revised Code, felonious sexual penetration in violation of former 1147
section 2907.12 of the Revised Code, a violation of section 1148
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 1149
violation of section 2919.23 of the Revised Code that would have 1150
been a violation of section 2905.04 of the Revised Code as it 1151
existed prior to July 1, 1996, had the violation been committed 1152
prior to that date;1153

       (b) An existing or former law of this state, any other state, 1154
or the United States that is substantially equivalent to any of 1155
the offenses listed in division (A)(5)(a) of this section.1156

       (6) On receipt of a request pursuant to section 3701.881 of 1157
the Revised Code with respect to an applicant for employment with 1158
a home health agency in a position that involves providing direct 1159
care to an older adult, a completed form prescribed pursuant to 1160
division (C)(1) of this section, and a set of fingerprint 1161
impressions obtained in the manner described in division (C)(2) of 1162
this section, the superintendent of the bureau of criminal 1163
identification and investigation shall conduct a criminal records 1164
check. The superintendent shall conduct the criminal records check 1165
in the manner described in division (B) of this section to 1166
determine whether any information exists that indicates that the 1167
person who is the subject of the request previously has been 1168
convicted of or pleaded guilty to any of the following:1169

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1170
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1171
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1172
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1173
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1174
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1175
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1176
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1177
2925.22, 2925.23, or 3716.11 of the Revised Code;1178

       (b) An existing or former law of this state, any other state, 1179
or the United States that is substantially equivalent to any of 1180
the offenses listed in division (A)(6)(a) of this section.1181

       (7) When conducting a criminal records check upon a request 1182
pursuant to section 3319.39 of the Revised Code for an applicant 1183
who is a teacher, in addition to the determination made under 1184
division (A)(1) of this section, the superintendent shall 1185
determine whether any information exists that indicates that the 1186
person who is the subject of the request previously has been 1187
convicted of or pleaded guilty to any offense specified in section 1188
3319.31 of the Revised Code.1189

       (8) On a request pursuant to section 2151.86 of the Revised 1190
Code, a completed form prescribed pursuant to division (C)(1) of 1191
this section, and a set of fingerprint impressions obtained in the 1192
manner described in division (C)(2) of this section, the 1193
superintendent of the bureau of criminal identification and 1194
investigation shall conduct a criminal records check in the manner 1195
described in division (B) of this section to determine whether any 1196
information exists that indicates that the person who is the 1197
subject of the request previously has been convicted of or pleaded 1198
guilty to any of the following:1199

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1200
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1201
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1202
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1203
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1204
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1205
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1206
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 1207
violation of section 2905.04 of the Revised Code as it existed 1208
prior to July 1, 1996, a violation of section 2919.23 of the 1209
Revised Code that would have been a violation of section 2905.04 1210
of the Revised Code as it existed prior to July 1, 1996, had the 1211
violation been committed prior to that date, a violation of 1212
section 2925.11 of the Revised Code that is not a minor drug 1213
possession offense, or felonious sexual penetration in violation 1214
of former section 2907.12 of the Revised Code;1215

       (b) A violation of an existing or former law of this state, 1216
any other state, or the United States that is substantially 1217
equivalent to any of the offenses listed in division (A)(8)(a) of 1218
this section.1219

       (9) When conducting a criminal records check on a request 1220
pursuant to section 5104.013 of the Revised Code for a person who 1221
is an owner, licensee, or administrator of a child day-care center 1222
or type A family day-care home or an authorized provider of a 1223
certified type B family day-care home, the superintendent, in 1224
addition to the determination made under division (A)(1) of this 1225
section, shall determine whether any information exists that 1226
indicates that the person has been convicted of or pleaded guilty 1227
to any of the following:1228

       (a) A violation of section 2913.02, 2913.03, 2913.04, 1229
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1230
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 1231
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 1232
2921.13, or 2923.01 of the Revised Code, a violation of section 1233
2923.02 or 2923.03 of the Revised Code that relates to a crime 1234
specified in this division or division (A)(1)(a) of this section, 1235
or a second violation of section 4511.19 of the Revised Code 1236
within five years of the date of application for licensure or 1237
certification.1238

       (b) A violation of an existing or former law of this state, 1239
any other state, or the United States that is substantially 1240
equivalent to any of the offenses or violations described in 1241
division (A)(9)(a) of this section.1242

       (10) On receipt of a request for a criminal records check 1243
from an individual pursuant to section 4749.03 or 4749.06 of the 1244
Revised Code, accompanied by a completed copy of the form 1245
prescribed in division (C)(1) of this section and a set of 1246
fingerprint impressions obtained in a manner described in division 1247
(C)(2) of this section, the superintendent of the bureau of 1248
criminal identification and investigation shall conduct a criminal 1249
records check in the manner described in division (B) of this 1250
section to determine whether any information exists indicating 1251
that the person who is the subject of the request has been 1252
convicted of or pleaded guilty to a felony in this state or in any 1253
other state. If the individual indicates that a firearm will be 1254
carried in the course of business, the superintendent shall 1255
require information from the federal bureau of investigation as 1256
described in division (B)(2) of this section. The superintendent 1257
shall report the findings of the criminal records check and any 1258
information the federal bureau of investigation provides to the 1259
director of public safety.1260

       (11) Not later than thirty days after the date the 1261
superintendent receives the request, completed form, and 1262
fingerprint impressions, the superintendent shall send the person, 1263
board, or entity that made the request any information, other than 1264
information the dissemination of which is prohibited by federal 1265
law, the superintendent determines exists with respect to the 1266
person who is the subject of the request that indicates that the 1267
person previously has been convicted of or pleaded guilty to any 1268
offense listed or described in division (A)(1), (2), (3), (4), 1269
(5), (6), (7), (8), (9), or (10) of this section, as appropriate. 1270
The superintendent shall send the person, board, or entity that 1271
made the request a copy of the list of offenses specified in 1272
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) 1273
of this section, as appropriate. If the request was made under 1274
section 3701.881 of the Revised Code with regard to an applicant 1275
who may be both responsible for the care, custody, or control of a 1276
child and involved in providing direct care to an older adult, the 1277
superintendent shall provide a list of the offenses specified in 1278
divisions (A)(4) and (6) of this section.1279

       (B) The superintendent shall conduct any criminal records 1280
check requested under section 121.08, 173.41173.27, 173.394, 1281
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1282
3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 1283
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as 1284
follows:1285

       (1) The superintendent shall review or cause to be reviewed 1286
any relevant information gathered and compiled by the bureau under 1287
division (A) of section 109.57 of the Revised Code that relates to 1288
the person who is the subject of the request, including any 1289
relevant information contained in records that have been sealed 1290
under section 2953.32 of the Revised Code;1291

       (2) If the request received by the superintendent asks for 1292
information from the federal bureau of investigation, the 1293
superintendent shall request from the federal bureau of 1294
investigation any information it has with respect to the person 1295
who is the subject of the request and shall review or cause to be 1296
reviewed any information the superintendent receives from that 1297
bureau.1298

        (3) The superintendent or the superintendent's designee may 1299
request criminal history records from other states or the federal 1300
government pursuant to the national crime prevention and privacy 1301
compact set forth in section 109.571 of the Revised Code.1302

       (C)(1) The superintendent shall prescribe a form to obtain 1303
the information necessary to conduct a criminal records check from 1304
any person for whom a criminal records check is required by 1305
section 121.08, 173.41173.27, 173.394, 2151.86, 3301.32, 1306
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 1307
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 1308
5126.281, or 5153.111 of the Revised Code. The form that the 1309
superintendent prescribes pursuant to this division may be in a 1310
tangible format, in an electronic format, or in both tangible and 1311
electronic formats.1312

       (2) The superintendent shall prescribe standard impression 1313
sheets to obtain the fingerprint impressions of any person for 1314
whom a criminal records check is required by section 121.08, 1315
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1316
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1317
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1318
5153.111 of the Revised Code. Any person for whom a records check 1319
is required by any of those sections shall obtain the fingerprint 1320
impressions at a county sheriff's office, municipal police 1321
department, or any other entity with the ability to make 1322
fingerprint impressions on the standard impression sheets 1323
prescribed by the superintendent. The office, department, or 1324
entity may charge the person a reasonable fee for making the 1325
impressions. The standard impression sheets the superintendent 1326
prescribes pursuant to this division may be in a tangible format, 1327
in an electronic format, or in both tangible and electronic 1328
formats.1329

       (3) Subject to division (D) of this section, the 1330
superintendent shall prescribe and charge a reasonable fee for 1331
providing a criminal records check requested under section 121.08, 1332
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1333
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1334
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1335
5153.111 of the Revised Code. The person making a criminal records 1336
request under section 121.08, 173.41173.27, 173.394, 2151.86, 1337
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 1338
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 1339
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the 1340
fee prescribed pursuant to this division. A person making a 1341
request under section 3701.881 of the Revised Code for a criminal 1342
records check for an applicant who may be both responsible for the 1343
care, custody, or control of a child and involved in providing 1344
direct care to an older adult shall pay one fee for the request.1345

       (4) The superintendent of the bureau of criminal 1346
identification and investigation may prescribe methods of 1347
forwarding fingerprint impressions and information necessary to 1348
conduct a criminal records check, which methods shall include, but 1349
not be limited to, an electronic method.1350

       (D) A determination whether any information exists that 1351
indicates that a person previously has been convicted of or 1352
pleaded guilty to any offense listed or described in division 1353
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1354
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), 1355
or (A)(9)(a) or (b) of this section that is made by the 1356
superintendent with respect to information considered in a 1357
criminal records check in accordance with this section is valid 1358
for the person who is the subject of the criminal records check 1359
for a period of one year from the date upon which the 1360
superintendent makes the determination. During the period in which 1361
the determination in regard to a person is valid, if another 1362
request under this section is made for a criminal records check 1363
for that person, the superintendent shall provide the information 1364
that is the basis for the superintendent's initial determination 1365
at a lower fee than the fee prescribed for the initial criminal 1366
records check.1367

       (E) As used in this section:1368

       (1) "Criminal records check" means any criminal records check 1369
conducted by the superintendent of the bureau of criminal 1370
identification and investigation in accordance with division (B) 1371
of this section.1372

       (2) "Home and community-based waiver services" and "waiver 1373
agency" have the same meanings as in section 5111.95 of the 1374
Revised Code.1375

       (3) "Independent provider" has the same meaning as in section 1376
5111.96 of the Revised Code.1377

       (4) "Minor drug possession offense" has the same meaning as 1378
in section 2925.01 of the Revised Code.1379

       (5) "Older adult" means a person age sixty or older.1380

       Sec. 113.09.  Except as provided in section 113.10 of the1381
Revised Code, all moneys deposited with the treasurer of state,1382
the disposition of which is not otherwise provided for by law,1383
shall be credited to the general revenue fund, which is hereby1384
created in the state treasury. If a warrant for the payment of1385
money from the state treasury has been illegally or improperly1386
issued by the auditor of state, or the amount of a warrant issued1387
by him exceeds the sum whichthat should have been named therein, 1388
and payment of such warrant or excess has been made by the 1389
treasurer of state, the director of budget and management shall, 1390
unless the account of the appropriation from which it was paid has 1391
been closed, credit the amount collected to such appropriation; 1392
but, if such account has been closed, hethe director shall credit1393
the amount so collected to the fund on which the warrant was 1394
originally drawn.1395

       All investment earnings on moneys deposited in the state1396
treasury shall be credited to the general revenue fund unless:1397

       (A) The disposition of the earnings is otherwise provided for 1398
by law;1399

       (B) The director of budget and management has provided in the 1400
plan approved under section 131.36 of the Revised Code that a1401
different fund is entitled to the earnings.1402

       Sec. 113.11.  No money shall be paid out of the state 1403
treasury or transferred elsewhere except on the warrant of the 1404
auditor of statedirector of budget and management. No money shall 1405
be paid out of a custodial fund of the treasurer of state except 1406
on proper order to the treasurer of state by the officer 1407
authorized by law to pay money out of the fund.1408

       The treasurer of state shall adopt rules prescribing the form 1409
and manner in which money may be paid out of the state treasury or 1410
a custodial fund of the treasurer of state.1411

       Sec. 113.12. The treasurer of state, on presentation, shall 1412
pay all warrants drawn on himthe treasurer of state by the 1413
auditor of statedirector of budget and management. At least once 1414
each month the treasurer of state shall surrender to the auditor 1415
of statedirector all warrants the treasurer of state has paid and 1416
shall accept the receipt of the auditor of statedirector1417
therefor. The receipt shall be held by the treasurer of state in 1418
place of such warrants and as evidence of their payment until an 1419
audit of the state treasury and the custodial funds of the 1420
treasurer of state has been completed.1421

       Sec. 120.36. (A) If(1) Subject to division (A)(2), (3), (4), 1422
(5), or (6) of this section, if a person who is a defendant in a 1423
criminal case or a party in a case in juvenile court requests or 1424
is provided a state public defender, a county or joint county 1425
public defender, or any other counsel appointed by the court, the 1426
court in which the criminal case is initially filed or the 1427
juvenile court, whichever is applicable, shall assess, unless the 1428
application fee is waived or reduced, a non-refundable application 1429
fee of twenty-five dollars.1430

        The court shall direct the person to pay the application fee 1431
to the clerk of court. The person shall pay the application fee to 1432
the clerk of court at the time the person files an affidavit of 1433
indigency or a financial disclosure form with the court, a state 1434
public defender, a county or joint county public defender, or any 1435
other counsel appointed by the court or within seven days of that 1436
date. If the person does not pay the application fee within that 1437
seven-day period, the court shall assess the application fee at 1438
sentencing or at the final disposition of the case.1439

       If a case involving a felony that was initially filed in a 1440
municipal court or a county court is bound over to the court of 1441
common pleas and the defendant in the case failed to pay the 1442
application fee in the municipal court or county court, the court 1443
of common pleas shall assess the application fee at the initial 1444
appearance of the defendant in the court of common pleas. If a 1445
case involving an alleged delinquent child is transferred to the 1446
court of common pleas for prosecution of the involved child as an 1447
adult and if the involved child failed to pay the fee in the 1448
juvenile court, the court of common pleas shall assess the 1449
application fee at the initial appearance of the child in the 1450
court of common pleas.1451

       (2) For purposes of this section, a criminal case includes 1452
any case involving a violation of any provision of the Revised 1453
Code or of an ordinance of a municipal corporation for which the 1454
potential penalty includes loss of liberty and includes any 1455
contempt proceeding in which a court may impose a term of 1456
imprisonment.1457

        (3) In a juvenile court proceeding, the court shall not 1458
assess the application fee against a child if the court appoints a 1459
guardian ad litem for the child or the court appoints an attorney 1460
to represent the child at the request of a guardian ad litem.1461

        (4) The court shall not assess an application fee for a 1462
postconviction proceeding or when the defendant files an appeal.1463

        (5)(a) Except when the court assesses an application fee 1464
pursuant to division (A)(5)(b) of this section, the court shall 1465
assess an application fee when a person is charged with a 1466
violation of a community control sanction or a violation of a 1467
post-release control sanction.1468

       (b) If a charge of violating a community control sanction or 1469
post-release control sanction described in division (A)(5)(a) of 1470
this section results in a person also being charged with violating 1471
any provision of the Revised Code or an ordinance of a municipal 1472
corporation, the court shall only assess an application fee for 1473
the case that results from the additional charge.1474

       (6) If a case is transferred from one court to another court 1475
and the person failed to pay the application fee to the court that 1476
initially assessed the application fee, the court that initially 1477
assessed the fee shall remove the assessment, and the court to 1478
which the case was transferred shall assess the application fee.1479

       (7) The court shall assess an application fee pursuant to 1480
this section one time per case. An appeal shall not be considered 1481
a separate case for the purpose of assessing the application fee1482
For purposes of assessing the application fee, a case means one 1483
complete proceeding or trial held in one court for a person on an 1484
indictment, information, complaint, petition, citation, writ, 1485
motion, or other document initiating a case that arises out of a 1486
single incident or a series of related incidents, or when one 1487
individual is charged with two or more offenses that the court 1488
handles simultaneously. The court may waive or reduce the fee for 1489
a specific person in a specific case upon a finding that the 1490
person lacks financial resources that are sufficient to pay the 1491
fee or that payment of the fee would result in an undue hardship.1492

        (B) No court, state public defender, county or joint county 1493
public defender, or other counsel appointed by the court shall 1494
deny a person the assistance of counsel solely due to the person's 1495
failure to pay the application fee assessed pursuant to division 1496
(A) of this section. A person's present inability, failure, or 1497
refusal to pay the application fee shall not disqualify that 1498
person from legal representation.1499

        (C) The application fee assessed pursuant to division (A) of 1500
this section is separate from and in addition to any other amount 1501
assessed against a person who is found to be able to contribute 1502
toward the cost of the person's legal representation pursuant to 1503
division (D) of section 2941.51 of the Revised Code.1504

        (D) The clerk of the court that assessed the fees shall 1505
forward all application fees collected pursuant to this section to 1506
the county treasurer for deposit in the county treasury. The 1507
county shall retain eighty per cent of the application fees so 1508
collected to offset the costs of providing legal representation to 1509
indigent persons. EachNot later than the last day of each month, 1510
the county auditor shall remit twenty per cent of the application 1511
fees so collected in the previous month to the state public 1512
defender. The state public defender shall deposit the remitted 1513
fees into the state treasury to the credit of the client payment 1514
fund created pursuant to division (B)(5) of section 120.04 of the 1515
Revised Code. The state public defender may use that money in 1516
accordance with that section.1517

        (E) On or before the first day of March of each year1518
twentieth day of each month beginning in February of the year 1519
2007, each clerk of court shall provide to the state public 1520
defender and the state auditor a report including all of the 1521
following:1522

        (1) The number of persons in the previous calendar yearmonth1523
who requested or were provided a state public defender, county or 1524
joint county public defender, or other counsel appointed by the 1525
court;1526

        (2) The number of persons in the previous calendar yearmonth1527
for whom the court waived the application fee pursuant to division 1528
(A) of this section;1529

        (3) The dollar value of the assessed application fees 1530
assessed pursuant to division (A) of this section in the previous 1531
calendar yearmonth;1532

        (4) The amount of assessed application fees collected in the 1533
previous calendar yearmonth;1534

        (5) The balance of unpaid assessed application fees at the 1535
open and close of the previous calendar yearmonth.1536

       (F) As used in this section:1537

        (1) "Clerk of court" means the clerk of the court of common 1538
pleas of the county, the clerk of the juvenile court of the 1539
county, the clerk of the domestic relations division of the court 1540
of common pleas of the county, the clerk of the probate court of 1541
the county, the clerk of a municipal court in the county, the 1542
clerk of a county-operated municipal court, or the clerk of a 1543
county court in the county, whichever is applicable.1544

        (2) "County-operated municipal court" has the same meaning as 1545
in section 1901.03 of the Revised Code.1546

       Sec. 120.52.  There is hereby established in the state1547
treasury the legal aid fund, which shall be for the charitable1548
public purpose of providing financial assistance to legal aid1549
societies that provide civil legal services to indigents. The fund 1550
shall contain all funds credited to it by the treasurer of state 1551
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 1552
4705.09, and 4705.10 of the Revised Code and income from 1553
investment credited to it by the treasurer of state in accordance 1554
with this section.1555

       The treasurer of state may invest moneys contained in the1556
legal aid fund in any manner authorized by the Revised Code for1557
the investment of state moneys. However, no such investment shall 1558
interfere with any apportionment, allocation, or payment of moneys 1559
in January and July of each calendar year, as required by section 1560
120.53 of the Revised Code. All income earned as a result of any 1561
such investment shall be credited to the fund.1562

       The state public defender, through the Ohio legal assistance 1563
foundation, shall administer the payment of moneys out of the 1564
fund. Four and one-half per cent of the moneys in the fund shall 1565
be reserved for the actual, reasonable costs of administering 1566
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 1567
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that 1568
are reserved for administrative costs but that are not used for 1569
actual, reasonable administrative costs shall be set aside for use 1570
in the manner described in division (A) of section 120.521 of the 1571
Revised Code. The remainder of the moneys in the legal aid fund1572
shall be distributed in accordance with section 120.53 of the 1573
Revised Code. The Ohio legal assistance foundation shall 1574
establish, in accordance with Chapter 119. of the Revised Code, 1575
rules governing the administration of the legal aid fund, 1576
including the programs established under sections 1901.26, 1577
1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code 1578
regarding interest on interest-bearing trust accounts of an1579
attorney, law firm, or legal professional association.1580

       Sec. 120.521.  (A) The state public defender shall establish 1581
a charitable, tax exempt foundation, named the Ohio legal 1582
assistance foundation, to actively solicit and accept gifts, 1583
bequests, donations, and contributions for use in providing 1584
financial assistance to legal aid societies, enhancing or 1585
improving the delivery of civil legal services to indigents, and 1586
operating the foundation. The Ohio legal assistance foundation 1587
shall deposit all gifts, bequests, donations, and contributions 1588
accepted by it into the legal assistance foundation fund 1589
established under this section. If the state public defender,1590
pursuant to section 120.52 of the Revised Code as it existed prior 1591
to the effective date of this section, established a charitable, 1592
tax exempt foundation named the Ohio legal assistance foundation 1593
and if that foundation is in existence on the day before the 1594
effective date of this section, that foundation shall continue in1595
existence and shall serve as the Ohio legal assistance foundation 1596
described in this section.1597

       There is hereby established the legal assistance foundation 1598
fund, which shall be under the custody and control of the Ohio 1599
legal assistance foundation. The fund shall contain all moneys 1600
distributed to the Ohio legal assistance foundation pursuant to 1601
section 120.53 of the Revised Code and all gifts, bequests, 1602
donations, and contributions accepted by the Ohio legal assistance 1603
foundation under this section.1604

       The Ohio legal assistance foundation shall distribute or use 1605
all moneys in the legal assistance foundation fund for the 1606
charitable public purpose of providing financial assistance to 1607
legal aid societies that provide civil legal services to 1608
indigents, enhancing or improving the delivery of civil legal 1609
services to indigents, and operating the foundation. The Ohio 1610
legal assistance foundation shall establish rules governing the1611
administration of the legal assistance foundation fund.1612

       The Ohio legal assistance foundation shall include, in the 1613
annual report it is required to make to the governor, the general 1614
assembly, and the supreme court pursuant to division (G)(2) of 1615
section 120.53 of the Revised Code, an audited financial statement 1616
on the distribution and use of the legal assistance foundation 1617
fund. No information contained in the statement shall identify or 1618
enable the identification of any person served by a legal aid 1619
society or in any way breach confidentiality.1620

       (B) A foundation is tax exempt for purposes of this section 1621
if the foundation is exempt from federal income taxation under 1622
subsection 501(a) of the "Internal Revenue Code of 1986," 100 1623
Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation 1624
has received from the internal revenue service a determination 1625
letter that is in effect stating that the foundation is exempt 1626
from federal income taxation under that subsection.1627

       Sec. 120.53.  (A) A legal aid society that operates within1628
the state may apply to the Ohio legal assistance foundation for1629
financial assistance from the legal aid fund established by1630
section 120.52 of the Revised Code to be used for the funding of1631
the society during the calendar year following the calendar year1632
in which application is made.1633

       (B) An application for financial assistance made under1634
division (A) of this section shall be submitted by the first day1635
of November of the calendar year preceding the calendar year for1636
which financial assistance is desired and shall include all of the 1637
following:1638

       (1) Evidence that the applicant is incorporated in this state 1639
as a nonprofit corporation;1640

       (2) A list of the trustees of the applicant;1641

       (3) The proposed budget of the applicant for these funds for 1642
the following calendar year;1643

       (4) A summary of the services to be offered by the applicant 1644
in the following calendar year;1645

       (5) A specific description of the territory or constituency 1646
served by the applicant;1647

       (6) An estimate of the number of persons to be served by the 1648
applicant during the following calendar year;1649

       (7) A general description of the additional sources of the1650
applicant's funding;1651

       (8) The amount of the applicant's total budget for the1652
calendar year in which the application is filed that it will1653
expend in that calendar year for legal services in each of the1654
counties it serves;1655

       (9) A specific description of any services, programs,1656
training, and legal technical assistance to be delivered by the1657
applicant or by another person pursuant to a contract with the1658
applicant, including, but not limited to, by private attorneys or1659
through reduced fee plans, judicare panels, organized pro bono1660
programs, and mediation programs.1661

       (C) The Ohio legal assistance foundation shall determine1662
whether each applicant that filed an application for financial1663
assistance under division (A) of this section in a calendar year1664
is eligible for financial assistance under this section. To be1665
eligible for such financial assistance, an applicant shall satisfy 1666
the criteria for being a legal aid society and shall be in 1667
compliance with the provisions of sections 120.51 to 120.55 of the 1668
Revised Code and with the rules and requirements the foundation 1669
establishes pursuant to section 120.52 of the Revised Code. The 1670
Ohio legal assistance foundation then, on or before the fifteenth 1671
day of December of the calendar year in which the application is1672
filed, shall notify each such applicant, in writing, whether it is 1673
eligible for financial assistance under this section, and if it is 1674
eligible, estimate the amount that will be available for that 1675
applicant for each six-month distribution period, as determined 1676
under division (D) of this section.1677

       (D) The Ohio legal assistance foundation shall allocate1678
moneys contained in the legal aid fund twice each yearmonthly for1679
distribution to applicants that filed their applications in the1680
previous calendar year and wereare determined to be eligible1681
applicants.1682

       All moneys contained in the fund on the first day of January 1683
of a calendar yeareach month shall be allocated, after deduction 1684
of the costs of administering sections 120.51 to 120.55 and 1685
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 1686
4705.10 of the Revised Code that are authorized by section 120.52 1687
of the Revised Code, according to this section and shall be 1688
distributed accordingly on the thirty-first day of January of that 1689
calendar year, and all moneys contained in the fund on the first 1690
day of July of that calendar year shall be allocated, after 1691
deduction of the costs of administering those sections that are 1692
authorized by section 120.52 of the Revised Code, according to 1693
this section and shall be distributed accordingly on the 1694
thirty-first day of July of that calendar yearnot later than the 1695
last day of the month following the month the moneys were 1696
received. In making the allocations under this section, the moneys 1697
in the fund that were generated pursuant to sections 1901.26, 1698
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised 1699
Code and all income generated from the investment of such moneys1700
shall be apportioned as follows:1701

       (1) After deduction of the amount authorized and used for1702
actual, reasonable administrative costs under section 120.52 of1703
the Revised Code:1704

       (a) Five per cent of the moneys remaining in the fund shall 1705
be reserved for use in the manner described in division (A) of 1706
section 120.521 of the Revised Code or for distribution to legal 1707
aid societies that provide assistance to special population groups 1708
of their eligible clients, engage in special projects that have a1709
substantial impact on their local service area or on significant1710
segments of the state's poverty population, or provide legal1711
training or support to other legal aid societies in the state;1712

       (b) After deduction of the amount described in division1713
(D)(1)(a) of this section, one and three-quarters per cent of the1714
moneys remaining in the fund shall be apportioned among entities1715
that received financial assistance from the legal aid fund prior1716
to the effective date of this amendment but that, on and after the 1717
effective date of this amendment, no longer qualify as a legal aid 1718
society that is eligible for financial assistance under this 1719
section.1720

       (c) After deduction of the amounts described in divisions 1721
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 1722
remaining in the fund shall be placed in the legal assistance 1723
foundation fund for use in the manner described in division (A) of 1724
section 120.521 of the Revised Code.1725

       (2) After deduction of the actual, reasonable administrative 1726
costs under section 120.52 of the Revised Code and after deduction 1727
of the amounts identified in divisions (D)(1)(a), (b), and (c) of 1728
this section, the remaining moneys shall be apportioned among the 1729
counties that are served by eligible legal aid societies that have 1730
applied for financial assistance under this section so that each 1731
such county is apportioned a portion of those moneys, based upon 1732
the ratio of the number of indigents who reside in that county to 1733
the total number of indigents who reside in all counties of this 1734
state that are served by eligible legal aid societies that have 1735
applied for financial assistance under this section. Subject to 1736
division (E) of this section, the moneys apportioned to a county 1737
under this division then shall be allocated to the eligible legal 1738
aid society that serves the county and that has applied for 1739
financial assistance under this section. For purposes of this 1740
division, the source of data identifying the number of indigent 1741
persons who reside in a county shall be the most recent decennial 1742
census figures from the United States department of commerce, 1743
division of census.1744

       (E) If the Ohio legal assistance foundation, in attempting to 1745
make an allocation of moneys under division (D)(2) of this1746
section, determines that a county that has been apportioned money1747
under that division is served by more than one eligible legal aid1748
society that has applied for financial assistance under this1749
section, the Ohio legal assistance foundation shall allocate the1750
moneys that have been apportioned to that county under division1751
(D)(2) of this section among all eligible legal aid societies that 1752
serve that county and that have applied for financial assistance 1753
under this section on a pro rata basis, so that each such eligible 1754
society is allocated a portion based upon the amount of its total 1755
budget expended in the prior calendar year for legal services in 1756
that county as compared to the total amount expended in the prior 1757
calendar year for legal services in that county by all eligible 1758
legal aid societies that serve that county and that have applied 1759
for financial assistance under this section.1760

       (F) Moneys allocated to eligible applicants under this1761
section shall be paid twice annually, on the thirty-first day of1762
January and on the thirty-first day of July ofmonthly beginning1763
the calendar year following the calendar year in which the 1764
application is filed.1765

       (G)(1) A legal aid society that receives financial assistance 1766
in any calendar year under this section shall file an annual 1767
report with the Ohio legal assistance foundation detailing the 1768
number and types of cases handled, and the amount and types of 1769
legal training, legal technical assistance, and other service1770
provided, by means of that financial assistance. No information1771
contained in the report shall identify or enable the1772
identification of any person served by the legal aid society or in 1773
any way breach client confidentiality.1774

       (2) The Ohio legal assistance foundation shall make an annual 1775
report to the governor, the general assembly, and the supreme 1776
court on the distribution and use of the legal aid fund. The1777
foundation also shall include in the annual report an audited 1778
financial statement of all gifts, bequests, donations, 1779
contributions, and other moneys the foundation receives. No 1780
information contained in the report shall identify or enable the 1781
identification of any person served by a legal aid society, or in 1782
any way breach confidentiality.1783

       (H) A legal aid society may enter into agreements for the1784
provision of services, programs, training, or legal technical1785
assistance for the legal aid society or to indigent persons.1786

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family1787
and children first cabinet council. The council shall be composed1788
of the superintendent of public instruction and the directors of1789
youth services, job and family services, mental health, health,1790
alcohol and drug addiction services, mental retardation and1791
developmental disabilities, and budget and management. The1792
chairperson of the council shall be the governor or the governor's1793
designee and shall establish procedures for the council's internal1794
control and management.1795

       (2) The purpose of the cabinet council is to help families1796
seeking government services. This section shall not be interpreted 1797
or applied to usurp the role of parents, but solely to streamline 1798
and coordinate existing government services for families seeking 1799
assistance for their children.1800

       In seeking to fulfill its purpose, the council may do any of1801
the following:1802

       (a) Advise and make recommendations to the governor and1803
general assembly regarding the provision of services to children;1804

       (b) Advise and assess local governments on the coordination1805
of service delivery to children;1806

       (c) Hold meetings at such times and places as may be1807
prescribed by the council's procedures and maintain records of the1808
meetings, except that records identifying individual children are1809
confidential and shall be disclosed only as provided by law;1810

       (d) Develop programs and projects, including pilot projects,1811
to encourage coordinated efforts at the state and local level to1812
improve the state's social service delivery system;1813

       (e) Enter into contracts with and administer grants to county 1814
family and children first councils, as well as other county or1815
multicounty organizations to plan and coordinate service delivery1816
between state agencies and local service providers for families1817
and children;1818

       (f) Enter into contracts with and apply for grants from1819
federal agencies or private organizations;1820

       (g) Enter into interagency agreements to encourage1821
coordinated efforts at the state and local level to improve the1822
state's social service delivery system. The agreements may include 1823
provisions regarding the receipt, transfer, and expenditure of 1824
funds;1825

       (h) Identify public and private funding sources for services1826
provided to alleged or adjudicated unruly children and children1827
who are at risk of being alleged or adjudicated unruly children,1828
including regulations governing access to and use of the services;1829

       (i) Collect information provided by local communities1830
regarding successful programs for prevention, intervention, and1831
treatment of unruly behavior, including evaluations of the1832
programs;1833

       (j) Identify and disseminate publications regarding alleged1834
or adjudicated unruly children and children who are at risk of1835
being alleged or adjudicated unruly children and regarding1836
programs serving those types of children;1837

       (k) Maintain an inventory of strategic planning facilitators1838
for use by government or nonprofit entities that serve alleged or1839
adjudicated unruly children or children who are at risk of being1840
alleged or adjudicated unruly children.1841

       (3) The cabinet council shall provide for the following:1842

       (a) Reviews of service and treatment plans for children for1843
which such reviews are requested;1844

       (b) Assistance as the council determines to be necessary to1845
meet the needs of children referred by county family and children1846
first councils;1847

       (c) Monitoring and supervision of a statewide, comprehensive, 1848
coordinated, multi-disciplinary, interagency system for infants 1849
and toddlers with developmental disabilities or delays and their 1850
families, as established pursuant to federal grants received and 1851
administered by the department of health for early intervention 1852
services under the "Individuals with Disabilities Education Act of 1853
2004," 20 U.S.C.A. 1400, as amended.1854

       (B)(1) Each board of county commissioners shall establish a1855
county family and children first council. The board may invite any 1856
local public or private agency or group that funds, advocates, or 1857
provides services to children and families to have a1858
representative become a permanent or temporary member of its1859
county council. Each county council must include the following1860
individuals:1861

       (a) At least three individuals who are not employed by an 1862
agency represented on the council and whose families are or have1863
received services from an agency represented on the council or1864
another county's council. Where possible, the number of members1865
representing families shall be equal to twenty per cent of the1866
council's membership.1867

       (b) The director of the board of alcohol, drug addiction, and 1868
mental health services that serves the county, or, in the case of 1869
a county that has a board of alcohol and drug addiction services 1870
and a community mental health board, the directors of both boards. 1871
If a board of alcohol, drug addiction, and mental health services 1872
covers more than one county, the director may designate a person 1873
to participate on the county's council.1874

       (c) The health commissioner, or the commissioner's designee,1875
of the board of health of each city and general health district in1876
the county. If the county has two or more health districts, the1877
health commissioner membership may be limited to the commissioners1878
of the two districts with the largest populations.1879

       (d) The director of the county department of job and family1880
services;1881

       (e) The executive director of the public children services 1882
agency;1883

       (f) The superintendent of the county board of mental1884
retardation and developmental disabilities;1885

       (g) The county's juvenile court judge senior in service or1886
another judge of the juvenile court designated by the1887
administrative judge or, where there is no administrative judge,1888
by the judge senior in service;1889

       (h) The superintendent of the city, exempted village, or1890
local school district with the largest number of pupils residing1891
in the county, as determined by the department of education, which1892
shall notify each board of county commissioners of its1893
determination at least biennially;1894

       (i) A school superintendent representing all other school1895
districts with territory in the county, as designated at a1896
biennial meeting of the superintendents of those districts;1897

       (j) A representative of the municipal corporation with the1898
largest population in the county;1899

       (k) The president of the board of county commissioners or an 1900
individual designated by the board;1901

       (l) A representative of the regional office of the department 1902
of youth services;1903

       (m) A representative of the county's head start agencies, as1904
defined in section 3301.32 of the Revised Code;1905

       (n) A representative of the county's early intervention1906
collaborative established pursuant to the federal early1907
intervention program operated under the "Education of the1908
Handicapped Act Amendments of 1986";1909

       (o) A representative of a local nonprofit entity that funds,1910
advocates, or provides services to children and families.1911

       Notwithstanding any other provision of law, the public1912
members of a county council are not prohibited from serving on the1913
council and making decisions regarding the duties of the council,1914
including those involving the funding of joint projects and those1915
outlined in the county's service coordination mechanism1916
implemented pursuant to division (C) of this section.1917

       The cabinet council shall establish a state appeals process1918
to resolve disputes among the members of a county council1919
concerning whether reasonable responsibilities as members are1920
being shared. The appeals process may be accessed only by a1921
majority vote of the council members who are required to serve on1922
the council. Upon appeal, the cabinet council may order that state1923
funds for services to children and families be redirected to a 1924
county's board of county commissioners.1925

       (2) The purpose of the county council is to streamline and 1926
coordinate existing government services for families seeking 1927
services for their children. In seeking to fulfill its purpose, a 1928
county council shall provide for the following:1929

       (a) Referrals to the cabinet council of those children for1930
whom the county council cannot provide adequate services;1931

       (b) Development and implementation of a process that annually 1932
evaluates and prioritizes services, fills service gaps where 1933
possible, and invents new approaches to achieve better results for 1934
families and children;1935

       (c) Participation in the development of a countywide,1936
comprehensive, coordinated, multi-disciplinary, interagency system1937
for infants and toddlers with developmental disabilities or delays1938
and their families, as established pursuant to federal grants1939
received and administered by the department of health for early1940
intervention services under the "Education of the Handicapped Act1941
Amendments of 1986";1942

       (d) Maintenance of an accountability system to monitor the1943
county council's progress in achieving results for families and1944
children;1945

       (e) Establishment of a mechanism to ensure ongoing input from 1946
a broad representation of families who are receiving services1947
within the county system.1948

       (3)(a) Except as provided in division (B)(3)(b) of this1949
section, a county council shall comply with the policies,1950
procedures, and activities prescribed by the rules or interagency1951
agreements of a state department participating on the cabinet1952
council whenever the county council performs a function subject to1953
those rules or agreements.1954

       (b) On application of a county council, the cabinet council1955
may grant an exemption from any rules or interagency agreements of1956
a state department participating on the council if an exemption is1957
necessary for the council to implement an alternative program or1958
approach for service delivery to families and children. The1959
application shall describe the proposed program or approach and1960
specify the rules or interagency agreements from which an1961
exemption is necessary. The cabinet council shall approve or1962
disapprove the application in accordance with standards and1963
procedures it shall adopt. If an application is approved, the1964
exemption is effective only while the program or approach is being1965
implemented, including a reasonable period during which the1966
program or approach is being evaluated for effectiveness.1967

       (4)(a) Each county council shall designate an administrative1968
agent for the council from among the following public entities:1969
the board of alcohol, drug addiction, and mental health services,1970
including a board of alcohol and drug addiction or a community1971
mental health board if the county is served by separate boards;1972
the board of county commissioners; any board of health of the1973
county's city and general health districts; the county department1974
of job and family services; the county agency responsible for the1975
administration of children services pursuant to section 5153.15 of1976
the Revised Code; the county board of mental retardation and1977
developmental disabilities; any of the county's boards of1978
education or governing boards of educational service centers; or1979
the county's juvenile court. Any of the foregoing public entities, 1980
other than the board of county commissioners, may decline to serve1981
as the council's administrative agent.1982

       A county council's administrative agent shall serve as the1983
council's appointing authority for any employees of the council.1984
The council shall file an annual budget with its administrative1985
agent, with copies filed with the county auditor and with the1986
board of county commissioners, unless the board is serving as the1987
council's administrative agent. The council's administrative agent 1988
shall ensure that all expenditures are handled in accordance with 1989
policies, procedures, and activities prescribed by state1990
departments in rules or interagency agreements that are applicable1991
to the council's functions.1992

       The administrative agent for a county council may do any of1993
the following on behalf of the council:1994

       (i) Enter into agreements or administer contracts with public 1995
or private entities to fulfill specific council business. Such 1996
agreements and contracts are exempt from the competitive bidding 1997
requirements of section 307.86 of the Revised Code if they have 1998
been approved by the county council and they are for the purchase 1999
of family and child welfare or child protection services or other 2000
social or job and family services for families and children. The 2001
approval of the county council is not required to exempt 2002
agreements or contracts entered into under section 5139.34,2003
5139.41, or 5139.43 of the Revised Code from the competitive2004
bidding requirements of section 307.86 of the Revised Code.2005

       (ii) As determined by the council, provide financial2006
stipends, reimbursements, or both, to family representatives for2007
expenses related to council activity;2008

       (iii) Receive by gift, grant, devise, or bequest any moneys,2009
lands, or other property for the purposes for which the council is2010
established. The agent shall hold, apply, and dispose of the2011
moneys, lands, or other property according to the terms of the2012
gift, grant, devise, or bequest. Any interest or earnings shall be 2013
treated in the same manner and are subject to the same terms as2014
the gift, grant, devise, or bequest from which it accrues.2015

       (b)(i) If the county council designates the board of county2016
commissioners as its administrative agent, the board may, by2017
resolution, delegate any of its powers and duties as2018
administrative agent to an executive committee the board2019
establishes from the membership of the county council. The board2020
shall name to the executive committee at least the individuals2021
described in divisions (B)(1)(a) to (i) of this section and may 2022
appoint the president of the board or another individual as the 2023
chair of the executive committee. The executive committee must 2024
include at least one family county council representative who does 2025
not have a family member employed by an agency represented on the 2026
council.2027

       (ii) The executive committee may, with the approval of the2028
board, hire an executive director to assist the county council in2029
administering its powers and duties. The executive director shall2030
serve in the unclassified civil service at the pleasure of the2031
executive committee. The executive director may, with the approval 2032
of the executive committee, hire other employees as necessary to 2033
properly conduct the county council's business.2034

       (iii) The board may require the executive committee to submit 2035
an annual budget to the board for approval and may amend or repeal 2036
the resolution that delegated to the executive committee its 2037
authority as the county council's administrative agent.2038

       (5) Two or more county councils may enter into an agreement2039
to administer their county councils jointly by creating a regional2040
family and children first council. A regional council possesses2041
the same duties and authority possessed by a county council,2042
except that the duties and authority apply regionally rather than2043
to individual counties. Prior to entering into an agreement to2044
create a regional council, the members of each county council to2045
be part of the regional council shall meet to determine whether2046
all or part of the members of each county council will serve as2047
members of the regional council.2048

       (6) A board of county commissioners may approve a resolution2049
by a majority vote of the board's members that requires the county2050
council to submit a statement to the board each time the council2051
proposes to enter into an agreement, adopt a plan, or make a2052
decision, other than a decision pursuant to section 121.38 of the2053
Revised Code, that requires the expenditure of funds for two or2054
more families. The statement shall describe the proposed2055
agreement, plan, or decision.2056

       Not later than fifteen days after the board receives the2057
statement, it shall, by resolution approved by a majority of its2058
members, approve or disapprove the agreement, plan, or decision.2059
Failure of the board to pass a resolution during that time period2060
shall be considered approval of the agreement, plan, or decision.2061

       An agreement, plan, or decision for which a statement is2062
required to be submitted to the board shall be implemented only if2063
it is approved by the board.2064

       (C) Each county shall develop a county service coordination2065
mechanism. The county service coordination mechanism shall serve 2066
as the guiding document for coordination of services in the 2067
county. For children who also receive services under the help me 2068
grow program, the service coordination mechanism shall be 2069
consistent with rules adopted by the department of health under 2070
section 3701.61 of the Revised Code. All family service 2071
coordination plans shall be developed in accordance with the 2072
county service coordination mechanism. The mechanism shall be 2073
developed and approved with the participation of the county2074
entities representing child welfare; mental retardation and 2075
developmental disabilities; alcohol, drug addiction, and mental 2076
health services; health; juvenile judges; education; the county 2077
family and children first council; and the county early2078
intervention collaborative established pursuant to the federal 2079
early intervention program operated under the "Education of the2080
Handicapped Act Amendments of 1986." The county shall establish an 2081
implementation schedule for the mechanism. The cabinet council may 2082
monitor the implementation and administration of each county's 2083
service coordination mechanism.2084

       Each mechanism shall include all of the following:2085

       (1) A procedure for an agency, including a juvenile court, or 2086
a family voluntarily seeking service coordination, to refer the 2087
child and family to the county council for service coordination in 2088
accordance with the county service coordination mechanism;2089

       (2) A procedure ensuring that a family and all appropriate 2090
staff from involved agencies, including a representative from the 2091
appropriate school district, are notified of and invited to 2092
participate in all family service coordination plan meetings;2093

        (3) A procedure that permits a family to initiate a meeting 2094
to develop or review the family's service coordination plan and 2095
allows the family to invite a family advocate, mentor, or support 2096
person of the family's choice to participate in any such meeting;2097

        (4) A procedure for ensuring that a family service 2098
coordination plan meeting is conducted before a non-emergencyfor 2099
each child who receives service coordination under the mechanism 2100
and for whom an emergency out-of-home placement for all multi-need 2101
children, orhas been made or for whom a nonemergency out-of-home 2102
placement is being considered. The meeting shall be conducted2103
within ten days of aan emergency out-of-home placement for 2104
emergency placements of multi-need children. The meeting shall be 2105
conducted before a nonemergency out-of-home placement. The family 2106
service coordination plan shall outline how the county council 2107
members will jointly pay for services, where applicable, and 2108
provide services in the least restrictive environment.2109

        (5) A procedure for monitoring the progress and tracking the 2110
outcomes of each service coordination plan requested in the county 2111
including monitoring and tracking children in out-of-home 2112
placements to assure continued progress, appropriateness of 2113
placement, and continuity of care after discharge from placement 2114
with appropriate arrangements for housing, treatment, and 2115
education.2116

        (6) A procedure for protecting the confidentiality of all 2117
personal family information disclosed during service coordination 2118
meetings or contained in the comprehensive family service 2119
coordination plan.2120

        (7) A procedure for assessing the needs and strengths of any 2121
child or family that has been referred to the council for service 2122
coordination, including a child whose parent or custodian is 2123
voluntarily seeking services, and for ensuring that parents and 2124
custodians are afforded the opportunity to participate;2125

       (8) A procedure for development of a family service 2126
coordination plan described in division (D) of this section;2127

       (9) A local dispute resolution process to serve as the2128
process that must be used first to resolve disputes among the2129
agencies represented on the county council concerning the2130
provision of services to children, including children who are2131
abused, neglected, dependent, unruly, alleged unruly, or2132
delinquent children and under the jurisdiction of the juvenile2133
court and children whose parents or custodians are voluntarily2134
seeking services. The local dispute resolution process shall2135
comply with section 121.38 of the Revised Code. The local dispute 2136
resolution process shall be used to resolve disputes between a 2137
child's parents or custodians and the county council regarding 2138
service coordination. The county council shall inform the parents 2139
or custodians of their right to use the dispute resolution 2140
process. Parents or custodians shall use existing local agency 2141
grievance procedures to address disputes not involving service 2142
coordination. The dispute resolution process is in addition to and 2143
does not replace other rights or procedures that parents or 2144
custodians may have under other sections of the Revised Code.2145

       The cabinet council shall adopt rules in accordance with 2146
Chapter 119. of the Revised Code establishing an administrative2147
review process to address problems that arise concerning the 2148
operation of a local dispute resolution process.2149

        Nothing in division (C)(4) of this section shall be 2150
interpreted as overriding or affecting decisions of a juvenile 2151
court regarding an out-of-home placement, long-term placement, or 2152
emergency out-of-home placement.2153

       (D) Each county shall develop a comprehensive family service 2154
coordination plan that does all of the following:2155

       (1) Designates service responsibilities among the various2156
state and local agencies that provide services to children and2157
their families, including children who are abused, neglected,2158
dependent, unruly, or delinquent children and under the2159
jurisdiction of the juvenile court and children whose parents or2160
custodians are voluntarily seeking services;2161

       (2) Designates an individual, approved by the family, to 2162
track the progress of the family service coordination plan, 2163
schedule reviews as necessary, and facilitate the family service 2164
coordination plan meeting process;2165

        (3) Ensures that assistance and services to be provided are 2166
responsive to the strengths and needs of the family, as well as 2167
the family's culture, race, and ethnic group, by allowing the 2168
family to offer information and suggestions and participate in 2169
decisions. Identified assistance and services shall be provided in 2170
the least restrictive environment possible.2171

        (4) Includes a process for dealing with a child who is 2172
alleged to be an unruly child. The process shall include methods 2173
to divert the child from the juvenile court system;2174

       (5) Includes timelines for completion of goals specified in 2175
the plan with regular reviews scheduled to monitor progress toward 2176
those goals;2177

        (6) Includes a plan for dealing with short-term crisis 2178
situations and safety concerns.2179

       (E)(1) The process provided for under division (D)(4) of this 2180
section may include, but is not limited to, the following:2181

        (a) Designation of the person or agency to conduct the2182
assessment of the child and the child's family as described in2183
division (C)(7) of this section and designation of the instrument 2184
or instruments to be used to conduct the assessment;2185

       (b) An emphasis on the personal responsibilities of the child 2186
and the parental responsibilities of the parents, guardian, or 2187
custodian of the child;2188

       (c) Involvement of local law enforcement agencies and2189
officials.2190

       (2) The method to divert a child from the juvenile court2191
system that must be included in the service coordination process2192
may include, but is not limited to, the following:2193

       (a) The preparation of a complaint under section 2151.27 of2194
the Revised Code alleging that the child is an unruly child and2195
notifying the child and the parents, guardian, or custodian that2196
the complaint has been prepared to encourage the child and the2197
parents, guardian, or custodian to comply with other methods to2198
divert the child from the juvenile court system;2199

       (b) Conducting a meeting with the child, the parents,2200
guardian, or custodian, and other interested parties to determine2201
the appropriate methods to divert the child from the juvenile2202
court system;2203

        (c) A method to provide to the child and the child's family a 2204
short-term respite from a short-term crisis situation involving a 2205
confrontation between the child and the parents, guardian, or2206
custodian;2207

       (d) A program to provide a mentor to the child or the2208
parents, guardian, or custodian;2209

       (e) A program to provide parenting education to the parents,2210
guardian, or custodian;2211

       (f) An alternative school program for children who are truant 2212
from school, repeatedly disruptive in school, or suspended or 2213
expelled from school;2214

       (g) Other appropriate measures, including, but not limited2215
to, any alternative methods to divert a child from the juvenile2216
court system that are identified by the Ohio family and children2217
first cabinet council.2218

       (F) Each county may review and revise the service2219
coordination process described in division (D) of this section2220
based on the availability of funds under Title IV-A of the "Social2221
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,2222
or to the extent resources are available from any other federal,2223
state, or local funds.2224

       Sec. 122.17.  (A) As used in this section:2225

       (1) "Full-time employee" means an individual who is employed 2226
for consideration for at least thirty-five hours a week, or who 2227
renders any other standard of service generally accepted by custom 2228
or specified by contract as full-time employment.2229

       (2) "New employee" means one of the following:2230

       (a) A full-time employee first employed by a taxpayer in the 2231
project that is the subject of the agreement after the taxpayer 2232
enters into a tax credit agreement with the tax credit authority 2233
under this section;2234

       (b) A full-time employee first employed by a taxpayer in the 2235
project that is the subject of the tax credit after the tax credit 2236
authority approves a project for a tax credit under this section 2237
in a public meeting, as long as the taxpayer enters into the tax 2238
credit agreement prepared by the department of development after 2239
such meeting within sixty days after receiving the agreement from 2240
the department. If the taxpayer fails to enter into the agreement 2241
within sixty days, "new employee" has the same meaning as under 2242
division (A)(2)(a) of this section.2243

       Under division (A)(2)(a) or (b) of this section, if the tax2244
credit authority determines it appropriate, "new employee" also2245
may include an employee re-hired or called back from lay-off to2246
work in a new facility or on a new product or service established2247
or produced by the taxpayer after entering into the agreement2248
under this section or after the tax credit authority approves the2249
tax credit in a public meeting. Except as otherwise provided in 2250
this paragraph, "new employee" does not include any employee of 2251
the taxpayer who was previously employed in this state by a 2252
related member of the taxpayer and whose employment was shifted to 2253
the taxpayer after the taxpayer entered into the tax credit 2254
agreement or after the tax credit authority approved the credit in 2255
a public meeting, or any employee of the taxpayer for which the 2256
taxpayer has been granted a certificate under division (B) of 2257
section 5709.66 of the Revised Code. However, if the taxpayer is 2258
engaged in the enrichment and commercialization of uranium or 2259
uranium products or is engaged in research and development 2260
activities related thereto and if the tax credit authority 2261
determines it appropriate, "new employee" may include an employee 2262
of the taxpayer who was previously employed in this state by a 2263
related member of the taxpayer and whose employment was shifted to 2264
the taxpayer after the taxpayer entered into the tax credit 2265
agreement or after the tax credit authority approved the credit in 2266
a public meeting. "New employee" does not include an employee of 2267
the taxpayer who is employed in an employment position that was2268
relocated to a project from other operations of the taxpayer in2269
this state or from operations of a related member of the taxpayer 2270
in this state. In addition, "new employee" does not include a 2271
child, grandchild, parent, or spouse, other than a spouse who is 2272
legally separated from the individual, of any individual who is an 2273
employee of the taxpayer and who has a direct or indirect 2274
ownership interest of at least five per cent in the profits, 2275
capital, or value of the taxpayer. Such ownership interest shall 2276
be determined in accordance with section 1563 of the Internal 2277
Revenue Code and regulations prescribed thereunder.2278

       (3) "New income tax revenue" means the total amount withheld 2279
under section 5747.06 of the Revised Code by the taxpayer during 2280
the taxable year, or during the calendar year that includes the 2281
tax period, from the compensation of new employees for the tax 2282
levied under Chapter 5747. of the Revised Code.2283

       (4) "Related member" has the same meaning as under division 2284
(A)(6) of section 5733.042 of the Revised Code without regard to 2285
division (B) of that section.2286

       (B) The tax credit authority may make grants under this2287
section to foster job creation in this state. Such a grant shall2288
take the form of a refundable credit allowed against the tax2289
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied 2290
under Chapter 5751. of the Revised Code. The credit shall be 2291
claimed for the taxable years or tax periods specified in the2292
taxpayer's agreement with the tax credit authority under division2293
(D) of this section. With respect to taxes imposed under section 2294
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the 2295
credit shall be claimed in the order required under section 2296
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of 2297
the credit available for a taxable year or for a calendar year 2298
that includes a tax period equals the new income tax revenue for 2299
that year multiplied by the percentage specified in the agreement 2300
with the tax credit authority. Any credit granted under this 2301
section against the tax imposed by section 5733.06 or 5747.02 of 2302
the Revised Code, to the extent not fully utilized against such 2303
tax for taxable years ending prior to 2008, shall automatically be 2304
converted without any action taken by the tax credit authority to 2305
a credit against the tax levied under Chapter 5751. of the Revised 2306
Code for tax periods beginning on or after July 1, 2008, provided 2307
that the person to whom the credit was granted is subject to such 2308
tax. The converted credit shall apply to those calendar years in 2309
which the remaining taxable years specified in the agreement end.2310

       (C) A taxpayer or potential taxpayer who proposes a project 2311
to create new jobs in this state may apply to the tax credit 2312
authority to enter into an agreement for a tax credit under this 2313
section. The director of development shall prescribe the form of 2314
the application. After receipt of an application, the authority 2315
may enter into an agreement with the taxpayer for a credit under 2316
this section if it determines all of the following:2317

       (1) The taxpayer's project will create new jobs in this2318
state;2319

       (2) The taxpayer's project is economically sound and will2320
benefit the people of this state by increasing opportunities for2321
employment and strengthening the economy of this state;2322

       (3) Receiving the tax credit is a major factor in the2323
taxpayer's decision to go forward with the project.2324

       (D) An agreement under this section shall include all of the 2325
following:2326

       (1) A detailed description of the project that is the subject 2327
of the agreement;2328

       (2) The term of the tax credit, which shall not exceed 2329
fifteen years, and the first taxable year, or first calendar year 2330
that includes a tax period, for which the credit may be claimed;2331

       (3) A requirement that the taxpayer shall maintain operations 2332
at the project location for at least twice the number of years as 2333
the term of the tax credit;2334

       (4) The percentage, as determined by the tax credit2335
authority, of new income tax revenue that will be allowed as the2336
amount of the credit for each taxable year or for each calendar 2337
year that includes a tax period;2338

       (5) A specific method for determining how many new employees 2339
are employed during a taxable year or during a calendar year that 2340
includes a tax period;2341

       (6) A requirement that the taxpayer annually shall report to 2342
the director of development the number of new employees, the new 2343
income tax revenue withheld in connection with the new employees, 2344
and any other information the director needs to perform the 2345
director's duties under this section;2346

       (7) A requirement that the director of development annually 2347
shall verify the amounts reported under division (D)(6) of this 2348
section, and after doing so shall issue a certificate to the 2349
taxpayer stating that the amounts have been verified;2350

       (8)(a) A provision requiring that the taxpayer, except as 2351
otherwise provided in division (D)(8)(b) of this section, shall 2352
not relocate employment positions from elsewhere in this state to 2353
the project site that is the subject of the agreement for the 2354
lesser of five years from the date the agreement is entered into 2355
or the number of years the taxpayer is entitled to claim the tax 2356
credit.2357

       (b) The taxpayer may relocate employment positions from 2358
elsewhere in this state to the project site that is the subject of 2359
the agreement if the director of development determines both of 2360
the following:2361

       (i) That the site from which the employment positions would 2362
be relocated is inadequate to meet market and industry conditions, 2363
expansion plans, consolidation plans, or other business 2364
considerations affecting the taxpayer;2365

       (ii) That the legislative authority of the county, township, 2366
or municipal corporation from which the employment positions would2367
be relocated has been notified of the relocation.2368

       For purposes of this section, the movement of an employment 2369
position from one political subdivision to another political 2370
subdivision shall be considered a relocation of an employment 2371
position, but the transfer of an individual employee from one 2372
political subdivision to another political subdivision shall not 2373
be considered a relocation of an employment position as long as 2374
the individual's employment position in the first political 2375
subdivision is refilled.2376

       (E) If a taxpayer fails to meet or comply with any condition 2377
or requirement set forth in a tax credit agreement, the tax credit 2378
authority may amend the agreement to reduce the percentage or term 2379
of the tax credit. The reduction of the percentage or term shall 2380
take effect in the taxable year immediately following the taxable 2381
year in which the authority amends the agreement or in the first 2382
tax period beginning in the calendar year immediately following 2383
the calendar year in which the authority amends the agreement. If 2384
the taxpayer relocates employment positions in violation of the2385
provision required under division (D)(8)(a) of this section, the 2386
taxpayer shall not claim the tax credit under section 5733.0610 of 2387
the Revised Code for any tax years following the calendar year in 2388
which the relocation occurs, or shall not claim the tax credit 2389
under section 5725.32, 5729.032, or 5747.058 of the Revised Code 2390
for the taxable year in which the relocation occurs and any 2391
subsequent taxable years, and shall not claim the tax credit under 2392
division (A) of section 5751.50 of the Revised Code for any tax 2393
period in the calendar year in which the relocation occurs and any 2394
subsequent tax periods.2395

       (F) Projects that consist solely of point-of-final-purchase 2396
retail facilities are not eligible for a tax credit under this 2397
section. If a project consists of both point-of-final-purchase 2398
retail facilities and nonretail facilities, only the portion of 2399
the project consisting of the nonretail facilities is eligible for 2400
a tax credit and only the new income tax revenue from new 2401
employees of the nonretail facilities shall be considered when 2402
computing the amount of the tax credit. If a warehouse facility is 2403
part of a point-of-final-purchase retail facility and supplies 2404
only that facility, the warehouse facility is not eligible for a 2405
tax credit. Catalog distribution centers are not considered2406
point-of-final-purchase retail facilities for the purposes of this 2407
division, and are eligible for tax credits under this section.2408

       (G) Financial statements and other information submitted to 2409
the department of development or the tax credit authority by an 2410
applicant or recipient of a tax credit under this section, and any 2411
information taken for any purpose from such statements or2412
information, are not public records subject to section 149.43 of2413
the Revised Code. However, the chairperson of the authority may2414
make use of the statements and other information for purposes of2415
issuing public reports or in connection with court proceedings2416
concerning tax credit agreements under this section. Upon the2417
request of the tax commissioner or, if the applicant or recipient 2418
is an insurance company, upon the request of the superintendent of 2419
insurance, the chairperson of the authority shall provide to the 2420
commissioner or superintendent any statement or information2421
submitted by an applicant or recipient of a tax credit in2422
connection with the credit. The commissioner or superintendent 2423
shall preserve the confidentiality of the statement or 2424
information.2425

       (H) A taxpayer claiming a credit under this section shall2426
submit to the tax commissioner or, if the taxpayer is an insurance 2427
company, to the superintendent of insurance, a copy of the 2428
director of development's certificate of verification under 2429
division (D)(7) of this section with the taxpayer's tax report or 2430
return for the taxable year or for the calendar year that includes 2431
the tax period. However, failureFailure to submit a copy of the 2432
certificate with the report or return does not invalidate a claim 2433
for a credit if the taxpayer submits a copy of the certificate to 2434
the commissioner or superintendent within sixty days after the 2435
commissioner or superintendent requests it.2436

       (I) The director of development, after consultation with the 2437
tax commissioner and the superintendent of insurance and in 2438
accordance with Chapter 119. of the Revised Code, shall adopt 2439
rules necessary to implement this section. The rules may provide 2440
for recipients of tax credits under this section to be charged 2441
fees to cover administrative costs of the tax credit program. At 2442
the time the director gives public notice under division (A) of 2443
section 119.03 of the Revised Code of the adoption of the rules, 2444
the director shall submit copies of the proposed rules to the 2445
chairpersons of the standing committees on economic development in 2446
the senate and the house of representatives.2447

       (J) For the purposes of this section, a taxpayer may include 2448
a partnership, a corporation that has made an election under 2449
subchapter S of chapter one of subtitle A of the Internal Revenue 2450
Code, or any other business entity through which income flows as a 2451
distributive share to its owners. A credit received under this 2452
section by a partnership, S-corporation, or other such business 2453
entity shall be apportioned among the persons to whom the income 2454
or profit of the partnership, S-corporation, or other entity is 2455
distributed, in the same proportions as those in which the income 2456
or profit is distributed.2457

       (K) If the director of development determines that a taxpayer 2458
who has received a credit under this section is not complying with 2459
the requirement under division (D)(3) of this section, the 2460
director shall notify the tax credit authority of the2461
noncompliance. After receiving such a notice, and after giving the 2462
taxpayer an opportunity to explain the noncompliance, the tax2463
credit authority may require the taxpayer to refund to this state2464
a portion of the credit in accordance with the following:2465

       (1) If the taxpayer maintained operations at the project2466
location for at least one and one-half times the number of years2467
of the term of the tax credit, an amount not exceeding twenty-five 2468
per cent of the sum of any previously allowed credits under this 2469
section;2470

       (2) If the taxpayer maintained operations at the project2471
location for at least the number of years of the term of the tax2472
credit, an amount not exceeding fifty per cent of the sum of any2473
previously allowed credits under this section;2474

       (3) If the taxpayer maintained operations at the project2475
location for less than the number of years of the term of the tax2476
credit, an amount not exceeding one hundred per cent of the sum of 2477
any previously allowed credits under this section.2478

       In determining the portion of the tax credit to be refunded2479
to this state, the tax credit authority shall consider the effect2480
of market conditions on the taxpayer's project and whether the2481
taxpayer continues to maintain other operations in this state. 2482
After making the determination, the authority shall certify the2483
amount to be refunded to the tax commissioner or superintendent of 2484
insurance, as appropriate. If the amount is certified to the 2485
commissioner, the commissioner shall make an assessment for that 2486
amount against the taxpayer under Chapter 5733., 5747., or 5751. 2487
of the Revised Code. If the amount is certified to the 2488
superintendent, the superintendent shall make an assessment for 2489
that amount against the taxpayer under Chapter 5725. or 5729. of 2490
the Revised Code. The time limitations on assessments under those 2491
chapters do not apply to an assessment under this division, but 2492
the commissioner or superintendent, as appropriate, shall make the 2493
assessment within one year after the date the authority certifies 2494
to the commissioner or superintendent the amount to be refunded.2495

       (L) On or before the thirty-first day of March each year, the 2496
director of development shall submit a report to the governor, the 2497
president of the senate, and the speaker of the house of 2498
representatives on the tax credit program under this section. The 2499
report shall include information on the number of agreements that 2500
were entered into under this section during the preceding calendar 2501
year, a description of the project that is the subject of each 2502
such agreement, and an update on the status of projects under 2503
agreements entered into before the preceding calendar year.2504

       (M) There is hereby created the tax credit authority, which 2505
consists of the director of development and four other members 2506
appointed as follows: the governor, the president of the senate, 2507
and the speaker of the house of representatives each shall appoint 2508
one member who shall be a specialist in economic development; the 2509
governor also shall appoint a member who is a specialist in 2510
taxation. Of the initial appointees, the members appointed by the 2511
governor shall serve a term of two years; the members appointed by 2512
the president of the senate and the speaker of the house of 2513
representatives shall serve a term of four years. Thereafter, 2514
terms of office shall be for four years. Initial appointments to 2515
the authority shall be made within thirty days after January 13,2516
1993. Each member shall serve on the authority until the end of 2517
the term for which the member was appointed. Vacancies shall be 2518
filled in the same manner provided for original appointments. Any 2519
member appointed to fill a vacancy occurring prior to the 2520
expiration of the term for which the member's predecessor was 2521
appointed shall hold office for the remainder of that term. 2522
Members may be reappointed to the authority. Members of the 2523
authority shall receive their necessary and actual expenses while 2524
engaged in the business of the authority. The director of 2525
development shall serve as chairperson of the authority, and the 2526
members annually shall elect a vice-chairperson from among 2527
themselves. Three members of the authority constitute a quorum to 2528
transact and vote on the business of the authority. The majority 2529
vote of the membership of the authority is necessary to approve 2530
any such business, including the election of the vice-chairperson.2531

       The director of development may appoint a professional 2532
employee of the department of development to serve as the 2533
director's substitute at a meeting of the authority. The director 2534
shall make the appointment in writing. In the absence of the 2535
director from a meeting of the authority, the appointed substitute 2536
shall serve as chairperson. In the absence of both the director 2537
and the director's substitute from a meeting, the vice-chairperson2538
shall serve as chairperson.2539

       (N) For purposes of the credits granted by this section 2540
against the taxes imposed under sections 5725.18 and 5729.03 of 2541
the Revised Code, "taxable year" means the period covered by the 2542
taxpayer's annual statement to the superintendent of insurance.2543

       Sec. 122.171. (A) As used in this section:2544

       (1) "Capital investment project" means a plan of investment2545
at a project site for the acquisition, construction, renovation,2546
or repair of buildings, machinery, or equipment, or for2547
capitalized costs of basic research and new product development2548
determined in accordance with generally accepted accounting2549
principles, but does not include any of the following:2550

       (a) Payments made for the acquisition of personal property2551
through operating leases;2552

       (b) Project costs paid before January 1, 2002;2553

       (c) Payments made to a related member as defined in section2554
5733.042 of the Revised Code or to an elected consolidated 2555
taxpayer or a combined taxpayer as defined in section 5751.01 of 2556
the Revised Code.2557

       (2) "Eligible business" means a business with Ohio operations 2558
satisfying all of the following:2559

       (a) Employed an average of at least one thousand employees in 2560
full-time employment positions at a project site during each of2561
the twelve months preceding the application for a tax credit under2562
this section; and2563

       (b) On or after January 1, 2002, has made payments for the2564
capital investment project of either of the following:2565

        (i) At least two hundred million dollars in the aggregate at 2566
the project site during a period of three consecutive calendar2567
years including the calendar year that includes a day of the2568
taxpayer's taxable year or tax period with respect to which the 2569
credit is granted;2570

       (ii) If the average wage of all full-time employment 2571
positions at the project site is greater than four hundred per 2572
cent of the federal minimum wage, at least one hundred million 2573
dollars in the aggregate at the project site during a period of 2574
three consecutive calendar years including the calendar year that 2575
includes a day of the taxpayer's taxable year or tax period with 2576
respect to which the credit is granted.2577

       (c) Is engaged at the project site primarily as a2578
manufacturer or is providing significant corporate administrative2579
functions;2580

        (d) Has had a capital investment project reviewed and2581
approved by the tax credit authority as provided in divisions (C),2582
(D), and (E) of this section.2583

       (3) "Full-time employment position" means a position of2584
employment for consideration for at least thirty-five hours a week 2585
that has been filled for at least one hundred eighty days 2586
immediately preceding the filing of an application under this 2587
section and for at least one hundred eighty days during each 2588
taxable year or each calendar year that includes a tax period with 2589
respect to which the credit is granted.2590

       (4) "Manufacturer" has the same meaning as in section2591
5739.011 of the Revised Code.2592

        (5) "Project site" means an integrated complex of facilities2593
in this state, as specified by the tax credit authority under this2594
section, within a fifteen-mile radius where a taxpayer is 2595
primarily operating as an eligible business.2596

       (6) "Applicable corporation" means a corporation satisfying 2597
all of the following:2598

       (a)(i) For the entire taxable year immediately preceding the 2599
tax year, the corporation develops software applications primarily 2600
to provide telecommunication billing and information services 2601
through outsourcing or licensing to domestic or international 2602
customers.2603

       (ii) Sales and licensing of software generated at least six 2604
hundred million dollars in revenue during the taxable year 2605
immediately preceding the tax year the corporation is first 2606
entitled to claim the credit provided under division (B) of this 2607
section.2608

       (b) For the entire taxable year immediately preceding the tax 2609
year, the corporation or one or more of its related members 2610
provides customer or employee care and technical support for 2611
clients through one or more contact centers within this state, and 2612
the corporation and its related members together have a daily 2613
average, based on a three-hundred-sixty-five-day year, of at least 2614
five hundred thousand successful customer contacts through one or 2615
more of their contact centers, wherever located.2616

       (c) The corporation is eligible for the credit under division 2617
(B) of this section for the tax year.2618

       (7) "Related member" has the same meaning as in section 2619
5733.042 of the Revised Code as that section existed on the 2620
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 2621
general assembly, September 29, 1997.2622

       (8) "Successful customer contact" means a contact with an end 2623
user via telephone, including interactive voice recognition or 2624
similar means, where the contact culminates in a conversation or 2625
connection other than a busy signal or equipment busy.2626

       (9) "Telecommunications" means all forms of 2627
telecommunications service as defined in section 5739.01 of the 2628
Revised Code, and includes services in wireless, wireline, cable, 2629
broadband, internet protocol, and satellite.2630

       (10)(a) "Applicable difference" means the difference between 2631
the tax for the tax year under Chapter 5733. of the Revised Code 2632
applying the law in effect for that tax year, and the tax for that 2633
tax year if section 5733.042 of the Revised Code applied as that 2634
section existed on the effective date of its amendment by Am. Sub. 2635
H.B. 215 of the 122nd general assembly, September 29, 1997, 2636
subject to division (A)(10)(b) of this section.2637

       (b) If the tax rate set forth in division (B) of section 2638
5733.06 of the Revised Code for the tax year is less than eight 2639
and one-half per cent, the tax calculated under division 2640
(A)(10)(a) of this section shall be computed by substituting a tax 2641
rate of eight and one-half per cent for the rate set forth in 2642
division (B) of section 5733.06 of the Revised Code for the tax 2643
year.2644

       (c) If the resulting difference is negative, the applicable 2645
tax difference for the tax year shall be zero.2646

       (B) The tax credit authority created under section 122.17 of2647
the Revised Code may grant tax credits under this section for the2648
purpose of fostering job retention in this state. Upon application 2649
by an eligible business and upon consideration of the2650
recommendation of the director of budget and management, tax2651
commissioner, and director of development under division (C) of2652
this section, the tax credit authority may grant to an eligible2653
business a nonrefundable credit against the tax imposed by section2654
5733.06 or 5747.02 or levied under Chapter 5751. of the Revised 2655
Code for a period up to fifteen taxable years and against the tax 2656
levied by Chapter 5751. of the Revised Code for a period of up to 2657
fifteen calendar years. The credit shall be in an amount not 2658
exceeding seventy-five per cent of the Ohio income tax withheld2659
from the employees of the eligible business occupying full-time 2660
employment positions at the project site during the calendar year 2661
that includes the last day of such business' taxable year or tax 2662
period with respect to which the credit is granted. The amount of 2663
the credit shall not be based on the Ohio income tax withheld from 2664
full-time employees for a calendar year prior to the calendar year 2665
in which the minimum investment requirement referred to in2666
division (A)(2)(b) of this section is completed. The credit shall2667
be claimed only for the taxable years or tax periods specified in 2668
the eligible business' agreement with the tax credit authority2669
under division (E) of this section, but in no event shall the2670
credit be claimed for a taxable year or tax period terminating 2671
before the date specified in the agreement. Any credit granted 2672
under this section against the tax imposed by section 5733.06 or 2673
5747.02 of the Revised Code, to the extent not fully utilized 2674
against such tax for taxable years ending prior to 2008, shall 2675
automatically be converted without any action taken by the tax 2676
credit authority to a credit against the tax levied under Chapter 2677
5751. of the Revised Code for tax periods beginning on or after 2678
July 1, 2008, provided that the person to whom the credit was 2679
granted is subject to such tax. The converted credit shall apply 2680
to those calendar years in which the remaining taxable years 2681
specified in the agreement end.2682

       The credit computed under this division is in addition to any 2683
credit allowed under division (M) of this section which the tax 2684
credit authority may also include in the agreement.2685

       Any unused portion of a tax credit may be carried forward for2686
not more than three additional years after the year for which the2687
credit is granted.2688

       (C) A taxpayer that proposes a capital investment project to2689
retain jobs in this state may apply to the tax credit authority to2690
enter into an agreement for a tax credit under this section. The2691
director of development shall prescribe the form of the2692
application. After receipt of an application, the authority shall2693
forward copies of the application to the director of budget and2694
management, the tax commissioner, and the director of development,2695
each of whom shall review the application to determine the2696
economic impact the proposed project would have on the state and2697
the affected political subdivisions and shall submit a summary of2698
their determinations and recommendations to the authority. 2699

       (D) Upon review of the determinations and recommendations2700
described in division (C) of this section, the tax credit2701
authority may enter into an agreement with the taxpayer for a2702
credit under this section if the authority determines all of the 2703
following:2704

       (1) The taxpayer's capital investment project will result in2705
the retention of full-time employment positions in this state.2706

       (2) The taxpayer is economically sound and has the ability to 2707
complete the proposed capital investment project.2708

       (3) The taxpayer intends to and has the ability to maintain2709
operations at the project site for at least twice the term of the2710
credit.2711

       (4) Receiving the credit is a major factor in the taxpayer's2712
decision to begin, continue with, or complete the project.2713

       (5) The political subdivisions in which the project is2714
located have agreed to provide substantial financial support to2715
the project.2716

       (E) An agreement under this section shall include all of the2717
following:2718

       (1) A detailed description of the project that is the subject 2719
of the agreement, including the amount of the investment, the 2720
period over which the investment has been or is being made, and 2721
the number of full-time employment positions at the project site.2722

       (2) The method of calculating the number of full-time2723
employment positions as specified in division (A)(3) of this2724
section.2725

       (3) The term and percentage of the tax credit, and the first 2726
year for which the credit may be claimed.2727

       (4) A requirement that the taxpayer maintain operations at2728
the project site for at least twice the number of years as the2729
term of the credit.2730

       (5) A requirement that the taxpayer retain a specified number 2731
of full-time employment positions at the project site and within 2732
this state for the term of the credit, including a requirement 2733
that the taxpayer continue to employ at least one thousand 2734
employees in full-time employment positions at the project site 2735
during the entire term of any agreement, subject to division 2736
(E)(7) of this section.2737

       (6) A requirement that the taxpayer annually report to the2738
director of development the number of full-time employment2739
positions subject to the credit, the amount of tax withheld from2740
employees in those positions, the amount of the payments made for2741
the capital investment project, and any other information the2742
director needs to perform the director's duties under this2743
section.2744

       (7) A requirement that the director of development annually2745
review the annual reports of the taxpayer to verify the2746
information reported under division (E)(6) of this section and2747
compliance with the agreement. Upon verification, the director2748
shall issue a certificate to the taxpayer stating that the2749
information has been verified and identifying the amount of the2750
credit for the taxable year. Unless otherwise specified by the tax 2751
credit authority in a resolution and included as part of the 2752
agreement, the director shall not issue a certificate for any year 2753
in which the total number of filled full-time employment positions 2754
for each day of the calendar year divided by three hundred 2755
sixty-five is less than ninety per cent of the full-time 2756
employment positions specified in division (E)(5) of this section. 2757
In determining the number of full-time employment positions, no 2758
position shall be counted that is filled by an employee who is 2759
included in the calculation of a tax credit under section 122.17 2760
of the Revised Code.2761

       (8)(a) A provision requiring that the taxpayer, except as2762
otherwise provided in division (E)(8)(b) of this section, shall2763
not relocate employment positions from elsewhere in this state to2764
the project site that is the subject of the agreement for the2765
lesser of five years from the date the agreement is entered into2766
or the number of years the taxpayer is entitled to claim the2767
credit.2768

       (b) The taxpayer may relocate employment positions from2769
elsewhere in this state to the project site that is the subject of2770
the agreement if the director of development determines both of2771
the following:2772

       (i) That the site from which the employment positions would2773
be relocated is inadequate to meet market and industry conditions,2774
expansion plans, consolidation plans, or other business2775
considerations affecting the taxpayer;2776

       (ii) That the legislative authority of the county, township,2777
or municipal corporation from which the employment positions would2778
be relocated has been notified of the relocation.2779

       For purposes of this section, the movement of an employment2780
position from one political subdivision to another political2781
subdivision shall be considered a relocation of an employment2782
position unless the movement is confined to the project site. The2783
transfer of an individual employee from one political subdivision2784
to another political subdivision shall not be considered a2785
relocation of an employment position as long as the individual's2786
employment position in the first political subdivision is2787
refilled.2788

       (9) A waiver by the taxpayer of any limitations periods2789
relating to assessments or adjustments resulting from the2790
taxpayer's failure to comply with the agreement.2791

       (F) If a taxpayer fails to meet or comply with any condition2792
or requirement set forth in a tax credit agreement, the tax credit2793
authority may amend the agreement to reduce the percentage or term2794
of the credit. The reduction of the percentage or term shall take2795
effect in the taxable year immediately following the taxable year2796
in which the authority amends the agreement or in the first tax 2797
period beginning in the calendar year immediately following the 2798
calendar year in which the authority amends the agreement. If the 2799
taxpayer relocates employment positions in violation of the 2800
provision required under division (D)(8)(a) of this section, the 2801
taxpayer shall not claim the tax credit under section 5733.0610 of 2802
the Revised Code for any tax years following the calendar year in2803
which the relocation occurs, shall not claim the tax credit under 2804
section 5747.058 of the Revised Code for the taxable year in which 2805
the relocation occurs and any subsequent taxable years, and shall 2806
not claim the tax credit under division (A) of section 5751.50 of 2807
the Revised Code for the tax period in which the relocation occurs 2808
and any subsequent tax periods.2809

       (G) Financial statements and other information submitted to2810
the department of development or the tax credit authority by an2811
applicant for or recipient of a tax credit under this section, and2812
any information taken for any purpose from such statements or2813
information, are not public records subject to section 149.43 of2814
the Revised Code. However, the chairperson of the authority may2815
make use of the statements and other information for purposes of2816
issuing public reports or in connection with court proceedings2817
concerning tax credit agreements under this section. Upon the2818
request of the tax commissioner, the chairperson of the authority2819
shall provide to the commissioner any statement or other2820
information submitted by an applicant for or recipient of a tax2821
credit in connection with the credit. The commissioner shall2822
preserve the confidentiality of the statement or other2823
information.2824

       (H) A taxpayer claiming a tax credit under this section shall 2825
submit to the tax commissioner a copy of the director of2826
development's certificate of verification under division (E)(7) of2827
this section with the taxpayer's tax report or return for the 2828
taxable year or for the calendar year that includes the tax 2829
period. However, failureFailure to submit a copy of the 2830
certificate with the report or return does not invalidate a claim 2831
for a credit if the taxpayer submits a copy of the certificate to 2832
the commissioner within sixty days after the commissioner requests 2833
it.2834

       (I) For the purposes of this section, a taxpayer may include2835
a partnership, a corporation that has made an election under2836
subchapter S of chapter one of subtitle A of the Internal Revenue2837
Code, or any other business entity through which income flows as a2838
distributive share to its owners. A tax credit received under this 2839
section by a partnership, S-corporation, or other such business 2840
entity shall be apportioned among the persons to whom the income 2841
or profit of the partnership, S-corporation, or other entity is 2842
distributed, in the same proportions as those in which the income 2843
or profit is distributed.2844

       (J) If the director of development determines that a taxpayer 2845
that received a tax credit under this section is not complying 2846
with the requirement under division (E)(4) of this section, the2847
director shall notify the tax credit authority of the2848
noncompliance. After receiving such a notice, and after giving the 2849
taxpayer an opportunity to explain the noncompliance, the2850
authority may terminate the agreement and require the taxpayer to2851
refund to the state all or a portion of the credit claimed in2852
previous years, as follows:2853

        (1) If the taxpayer maintained operations at the project site 2854
for less than the term of the credit, the amount required to be 2855
refunded shall not exceed the amount of any tax credits previously 2856
allowed and received under this section.2857

        (2) If the taxpayer maintained operations at the project site 2858
longer than the term of the credit but less than one and one-half 2859
times the term of the credit, the amount required to be refunded 2860
shall not exceed fifty per cent of the sum of any tax credits 2861
previously allowed and received under this section.2862

        (3) If the taxpayer maintained operations at the project site 2863
for at least one and one-half times the term of the credit but 2864
less than twice the term of the credit, the amount required to be 2865
refunded shall not exceed twenty-five per cent of the sum of any 2866
tax credits previously allowed and received under this section.2867

       In determining the portion of the credit to be refunded to2868
this state, the authority shall consider the effect of market2869
conditions on the taxpayer's project and whether the taxpayer2870
continues to maintain other operations in this state. After making 2871
the determination, the authority shall certify the amount to be 2872
refunded to the tax commissioner. The commissioner shall make an 2873
assessment for that amount against the taxpayer under Chapter 2874
5733., 5747., or 5751. of the Revised Code. The time limitations2875
on assessments under those chapters do not apply to an assessment 2876
under this division, but the commissioner shall make the 2877
assessment within one year after the date the authority certifies 2878
to the commissioner the amount to be refunded.2879

       If the director of development determines that a taxpayer2880
that received a tax credit under this section has reduced the2881
number of employees agreed to under division (E)(5) of this2882
section by more than ten per cent, the director shall notify the2883
tax credit authority of the noncompliance. After receiving such2884
notice, and after providing the taxpayer an opportunity to explain2885
the noncompliance, the authority may amend the agreement to reduce2886
the percentage or term of the tax credit. The reduction in the2887
percentage or term shall take effect in the taxable year, or in 2888
the calendar year that includes the tax period, in which the 2889
authority amends the agreement.2890

       (K) The director of development, after consultation with the2891
tax commissioner and in accordance with Chapter 119. of the2892
Revised Code, shall adopt rules necessary to implement this2893
section. The rules may provide for recipients of tax credits under 2894
this section to be charged fees to cover administrative costs of 2895
the tax credit program. At the time the director gives public 2896
notice under division (A) of section 119.03 of the Revised Code of 2897
the adoption of the rules, the director shall submit copies of the 2898
proposed rules to the chairpersons of the standing committees on 2899
economic development in the senate and the house of2900
representatives.2901

       (L) On or before the thirty-first day of March of each year,2902
the director of development shall submit a report to the governor,2903
the president of the senate, and the speaker of the house of2904
representatives on the tax credit program under this section. The2905
report shall include information on the number of agreements that2906
were entered into under this section during the preceding calendar2907
year, a description of the project that is the subject of each2908
such agreement, and an update on the status of projects under2909
agreements entered into before the preceding calendar year.2910

       (M)(1) A nonrefundable credit shall be allowed to an 2911
applicable corporation and its related members in an amount equal 2912
to the applicable difference. The credit is in addition to the 2913
credit granted to the corporation or related members under 2914
division (B) of this section. The credit is subject to divisions 2915
(B) to (E) and division (J) of this section.2916

       (2) A person qualifying as an applicable corporation under 2917
this section for a tax year does not necessarily qualify as an 2918
applicable corporation for any other tax year. No person is 2919
entitled to the credit allowed under division (M) of this section 2920
for the tax year immediately following the taxable year during 2921
which the person fails to meet the requirements in divisions 2922
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled 2923
to the credit allowed under division (M) of this section for any 2924
tax year for which the person is not eligible for the credit 2925
provided under division (B) of this section.2926

       Sec. 122.72.  (A) There is hereby created the minority2927
development financing advisory board to assist in carrying out the 2928
programs created pursuant to sections 122.71 to 122.90122.89 of 2929
the Revised Code.2930

       (B) The board shall consist of ten members. The director of 2931
development or the director's designee shall be a voting member on 2932
the board. Seven members shall be appointed by the governor with 2933
the advice and consent of the senate and selected because of their 2934
knowledge of and experience in industrial, business, and 2935
commercial financing, suretyship, construction, and their 2936
understanding of the problems of minority business enterprises; 2937
one member also shall be a member of the senate and appointed by 2938
the president of the senate, and one member also shall be a member 2939
of the house of representatives and appointed by the speaker of 2940
the house of representatives. With respect to the board, all of 2941
the following apply:2942

       (1) Not more than four of the members of the board appointed 2943
by the governor shall be of the same political party.2944

       (2) Each member shall hold office from the date of the 2945
member's appointment until the end of the term for which the 2946
member was appointed.2947

       (3) The terms of office for the seven members appointed by 2948
the governor shall be for seven years, commencing on the first day 2949
of October and ending on the thirtieth day of September of the 2950
seventh year, except that of the original seven members, three 2951
shall be appointed for three years and two shall be appointed for 2952
five years.2953

       (4) Any member of the board is eligible for reappointment.2954

       (5) Any member appointed to fill a vacancy occurring prior to 2955
the expiration of the term for which the member's predecessor was 2956
appointed shall hold office for the remainder of the predecessor's 2957
term.2958

       (6) Any member shall continue in office subsequent to the 2959
expiration date of the member's term until the member's successor 2960
takes office, or until a period of sixty days has elapsed, 2961
whichever occurs first.2962

       (7) Before entering upon official duties as a member of the 2963
board, each member shall take an oath as provided by Section 7 of 2964
Article XV, Ohio Constitution.2965

       (8) The governor may, at any time, remove any member 2966
appointed by the governor pursuant to section 3.04 of the Revised 2967
Code.2968

       (9) Notwithstanding section 101.26 of the Revised Code, 2969
members shall receive their necessary and actual expenses while 2970
engaged in the business of the board and shall be paid at the per 2971
diem rate of step 1 of pay range 31 of section 124.15 of the 2972
Revised Code.2973

       (10) Six members of the board constitute a quorum and the 2974
affirmative vote of six members is necessary for any action taken 2975
by the board.2976

       (11) In the event of the absence of a member appointed by the2977
president of the senate or by the speaker of the house of2978
representatives, either of the following persons may serve in the 2979
member's absence:2980

       (a) The president of the senate or the speaker of the house 2981
of representatives, whoever appointed the absent member;2982

       (b) A member of the senate or of the house of representatives2983
of the same political party as the absent member, as designated by 2984
the president of the senate or the speaker of the house of 2985
representatives, whoever appointed the absent member.2986

       (12) The board shall annually elect one of its members as 2987
chairperson and another as vice-chairperson.2988

       Sec. 122.73.  (A) The minority development financing advisory 2989
board and the director of development are invested with the powers 2990
and duties provided in sections 122.71 to 122.90122.89 of the 2991
Revised Code, in order to promote the welfare of the people of the 2992
state by encouraging the establishment and expansion of minority 2993
business enterprises; to stabilize the economy; to provide 2994
employment; to assist in the development within the state of 2995
industrial, commercial, distribution, and research activities 2996
required for the people of the state, and for their gainful 2997
employment; or otherwise to create or preserve jobs and employment 2998
opportunities, or improve the economic welfare of the people of 2999
the state. It is hereby determined that the accomplishment of 3000
those purposes is essential so that the people of the state may 3001
maintain their present high standards of living in comparison with 3002
the people of other states and so that opportunities for 3003
employment and for favorable markets for the products of the 3004
state's natural resources, agriculture, and manufacturing shall be 3005
improved. It further is determined that it is necessary for the3006
state to establish the programs authorized under sections 122.71 3007
to 122.90122.89 of the Revised Code to establish the minority 3008
development financing advisory board, and to invest it and the 3009
director of development with the powers and duties provided in 3010
sections 122.71 to 122.90122.89 of the Revised Code.3011

       (B) The minority development financing advisory board shall3012
do all of the following:3013

       (1) Make recommendations to the director as to applications 3014
for assistance pursuant to sections 122.71 to 122.90122.89 of the 3015
Revised Code. The board may revise its recommendations to reflect 3016
any changes in the proposed assistance made by the director.3017

       (2) Advise the director in the administration of sections 3018
122.71 to 122.90122.89 of the Revised Code.3019

       (3) Adopt bylaws to govern the conduct of the business of the 3020
board.3021

       Sec. 122.74.  (A)(1) The director of development shall do all 3022
of the following:3023

       (a) Receive applications for assistance under sections 122.71 3024
to 122.89 of the Revised Code and applications from surety 3025
companies for bond guarantees under section 122.90 of the Revised 3026
Code, and, after processing but subject to division (A)(2) of this 3027
section, forward them to the minority development financing 3028
advisory board together with necessary supporting information;3029

       (b) Receive the recommendations of the board and make a final 3030
determination whether to approve the application for assistance;3031

       (c) Receive recommendations from a regional economic 3032
development entity for loans made under section 122.76 of the 3033
Revised Code and make a final determination, notwithstanding 3034
divisions (A)(1) and (2) of this section, whether to approve the 3035
proposed loan;3036

        (d) Transmit the director's determinations to approve 3037
assistance to the controlling board unless such assistance falls 3038
under section 122.90 of the Revised Code and has been previously 3039
approved by the controlling board, together with any information 3040
the controlling board requires for its review and decision as to 3041
whether to approve the assistance.3042

       (2) The director is not required to submit any determination, 3043
data, terms, or any other application materials or information to 3044
the minority development financing advisory board when provision 3045
of the assistance has been recommended to the director by a 3046
regional economic development entity or when an application for a 3047
surety company for bond guarantees under section 122.90 of the 3048
Revised Code has been previously approved by the controlling 3049
board.3050

       (B) The director may do all of the following:3051

       (1) Fix the rate of interest and charges to be made upon or 3052
with respect to moneys loaned or guaranteed by the director and 3053
the terms upon which mortgages and lease rentals may be guaranteed 3054
and the rates of charges to be made for them and make provisions 3055
for the operation of the funds established by the director in 3056
accordance with this section and sections 122.80, 122.88, and 3057
122.90 of the Revised Code;3058

       (2) Loan and guarantee moneys from the fund established in3059
accordance with section 122.80 of the Revised Code pursuant to and 3060
in compliance with sections 122.71 to 122.90 of the Revised Code.3061

       (3) Acquire in the name of the director any property of any 3062
kind or character in accordance with sections 122.71 to 122.90 of 3063
the Revised Code, by purchase, purchase at foreclosure, or 3064
exchange on such terms and in such manner as the director 3065
considers proper;3066

       (4) Make and enter into all contracts and agreements3067
necessary or incidental to the performance of the director's 3068
duties and the exercise of the director's powers under sections 3069
122.71 to 122.90 of the Revised Code;3070

       (5) Maintain, protect, repair, improve, and insure any3071
property that the director has acquired and dispose of it by sale, 3072
exchange, or lease for the consideration and on the terms and in 3073
the manner as the director considers proper, but the director 3074
shall not operate any such property as a business except as the 3075
lessor of it;3076

       (6)(a) When the cost of any contract for the maintenance,3077
protection, repair, or improvement of any property held by the 3078
director, other than compensation for personal services, involves 3079
an expenditure of more than fifty thousand dollars, the director 3080
shall make a written contract with the lowest responsive and 3081
responsible bidder in accordance with section 9.312 of the Revised 3082
Code after advertisement for not less than two consecutive weeks3083
in a newspaper of general circulation in the county where such 3084
contract, or some substantial part of it, is to be performed, and 3085
in such other publications as the director determines, which 3086
notice shall state the general character of the work and the3087
general character of the materials to be furnished, the place 3088
where plans and specifications therefor may be examined, and the 3089
time and place of receiving bids.3090

       (b) Each bid for a contract for the construction, demolition,3091
alteration, repair, or reconstruction of an improvement shall 3092
contain the full name of every person interested in it and meet 3093
the requirements of section 153.54 of the Revised Code.3094

       (c) Each bid for a contract, except as provided in division3095
(B)(6)(b) of this section, shall contain the full name of every 3096
person interested in it and shall be accompanied by bond or 3097
certified check on a solvent bank, in such amount as the director 3098
considers sufficient, that if the bid is accepted a contract will 3099
be entered into and the performance of the proposal secured.3100

       (d) The director may reject any and all bids.3101

       (e) A bond with good and sufficient surety, approved by the3102
director, shall be required of every contractor awarded a contract 3103
except as provided in division (B)(6)(b) of this section, in an 3104
amount equal to at least fifty per cent of the contract price, 3105
conditioned upon faithful performance of the contract.3106

       (7) Employ or contract with financial consultants,3107
appraisers, consulting engineers, superintendents, managers, 3108
construction and accounting experts, attorneys, and other 3109
employees and agents as are necessary in the director's judgment 3110
and fix their compensation;3111

       (8) Receive and accept grants, gifts, and contributions of 3112
money, property, labor, and other things of value to be held, 3113
used, and applied only for the purpose for which the grants, 3114
gifts, and contributions are made, from individuals, private and 3115
public corporations, from the United States or any agency thereof, 3116
from the state or any agency thereof, and from any political 3117
subdivision of the state, and may agree to repay any contribution 3118
of money or to return any property contributed or the value3119
thereof at such times, in amounts, and on terms and conditions,3120
excluding the payment of interest, as the director determines at 3121
the time the contribution is made, and may evidence the 3122
obligations by notes, bonds, or other written instruments;3123

       (9) Establish with the treasurer of state the funds provided 3124
in sections 122.80 and 122.88 of the Revised Code in addition to 3125
such funds as the director determines are necessary or proper;3126

       (10) Adopt rules under Chapter 119. of the Revised Code3127
necessary to implement sections 122.71 to 122.90 of the Revised 3128
Code.3129

       (11) Do all acts and things necessary or proper to carry out 3130
the powers expressly granted and the duties imposed in sections 3131
122.71 to 122.90 of the Revised Code.3132

       (C)(1) All expenses and obligations incurred by the director 3133
in carrying out the director's powers and in exercising the3134
director's duties under sections 122.71 to 122.90 of the Revised 3135
Code shall be payable solely from revenues or other receipts or 3136
income of the director, from grants, gifts, and contributions, or 3137
funds established in accordance with such sections. Such sections 3138
do not authorize the director to incur indebtedness or to impose 3139
liability on the state or any political subdivision of the state.3140

       (2) Financial statements and other data submitted to the 3141
director by any corporation, partnership, or person in connection 3142
with financial assistance provided under sections 122.71 to 122.90 3143
of the Revised Code, or any information taken from such statements 3144
or data for any purpose, shall not be open to public inspection.3145

       Sec. 122.90.  (A) The director of development may guarantee 3146
bonds executed by sureties for minority businesses and EDGE 3147
business enterprises certified under section 123.152 of the 3148
Revised Code as principals on contracts with the state, any 3149
political subdivision or instrumentality, or any person as the 3150
obligee. The director, as guarantor, may exercise all the rights 3151
and powers of a company authorized by the department of insurance 3152
to guarantee bonds under Chapter 3929. of the Revised Code but 3153
otherwise is not subject to any laws related to a guaranty company 3154
under Title XXXIX of the Revised Code nor to any rules of the 3155
department of insurance.3156

       (B) The director shall adopt rules under Chapter 119. of the 3157
Revised Code to establish procedures for the application for bond 3158
guarantees and the review and approval of applications for bond 3159
guarantees submitted by sureties that execute bonds eligible for 3160
guarantees under division (A) of this section.3161

       (C) In accordance with rules adopted pursuant to this 3162
section, the director may guarantee up to ninety per cent of the 3163
loss incurred and paid by sureties on bonds guaranteed under 3164
division (A) of this section.3165

       (D) The penal sum amounts of all outstanding guarantees made 3166
by the director under this section shall not exceed three times 3167
the difference between the amount of moneys in the minority 3168
business bonding fund and available to the fund under division (B) 3169
of section 169.05 of the Revised Code and the amount of all 3170
outstanding bonds issued by the director in accordance with 3171
division (A) of section 122.89 of the Revised Code.3172

       (E) The director of development, with controlling board 3173
approval, may approve one application per fiscal year from each 3174
surety bond company for bond guarantees in an amount requested to 3175
support one fiscal year of that company's activity under this 3176
section. A surety bond company that applies for a bond guarantee 3177
under this division, whether or not the guarantee is approved, is 3178
not restricted from also applying for individual bond guarantees 3179
under division (A) of this section.3180

       Sec. 124.09.  The director of administrative services shall 3181
do all of the following:3182

       (A) Prescribe, amend, and enforce administrative rules for3183
the purpose of carrying out the functions, powers, and duties3184
vested in and imposed upon the director by this chapter. Except 3185
in the case of rules adopted pursuant to section 124.14 of the 3186
Revised Code, the prescription, amendment, and enforcement of 3187
rules under this division are subject to approval, disapproval, or3188
modification by the state personnel board of review.3189

       (B) Keep records of the director's proceedings and records of 3190
all applications for examinations and all examinations conducted 3191
by the director. All such records, except examinations and 3192
recommendations of former employers, shall be open to public 3193
inspection under reasonable regulations; provided the governor, or 3194
any person designated by the governor, may, for the purpose of 3195
investigation, have free access to all such records, whenever the 3196
governor has reason to believe that this chapter, or the 3197
administrative rules of the director prescribed under such 3198
sections, are being violated.3199

       (C) Prepare, continue, and keep in the office of the3200
department a complete roster of all persons in the classified3201
service who are paid directly by warrant of the auditor of state3202
director of budget and management. This roster shall be open to 3203
public inspection at all reasonable hours. It shall show in 3204
reference to each of those persons, the person's name, address, 3205
date of appointment to or employment in the classified service,3206
and salary or compensation, the title of the place or office that 3207
the person holds, the nature of the duties of that place or 3208
office, and, in case of the person's removal or resignation, the 3209
date of the termination of that service.3210

       (D) Approve the establishment of all new positions in the3211
civil service of the state and the reestablishment of abolished3212
positions.3213

       (E) Require the abolishment of any position in the civil3214
service of the state that is not filled after a period of twelve3215
months unless it is determined that the position is seasonal in3216
nature or that the vacancy is otherwise justified.3217

       (F) Make investigations concerning all matters touching the 3218
enforcement and effect of this chapter and the administrative 3219
rules of the director of administrative services prescribed under 3220
this chapter. In the course of such investigations, the director 3221
or the director's deputy may administer oaths and affirmations and 3222
take testimony relative to any matter which the director has 3223
authority to investigate.3224

       (G) Have the power to subpoena and require the attendance and 3225
testimony of witnesses and the production of books, papers, public 3226
records, and other documentary evidence pertinent to the3227
investigations, inquiries, or hearings on any matter which the3228
director has authority to investigate, inquire into or hear, and 3229
to examine them in relation to any matter which the director has 3230
authority to investigate, inquire into, or hear. Fees shall be 3231
allowed to witnesses, and on their certificate, duly audited, 3232
shall be paid by the treasurer of state, or in the case of 3233
municipal or civil service township civil service commissions by 3234
the county treasurer, for attendance and traveling, as is provided 3235
in section 2335.06 of the Revised Code for witnesses in courts of3236
record. All officers in the civil service of the state or any of3237
the political subdivisions thereof and their deputies, clerks, and 3238
employees shall attend and testify when summoned to do so by the 3239
director or the state personnel board of review. Depositions of 3240
witnesses may be taken by the director or the board, or any member 3241
thereof, in the manner prescribed by law for like depositions in 3242
civil actions in the courts of common pleas. In case any person, 3243
in disobedience to any subpoena issued by the director or the 3244
board, or any member thereof, or the chief examiner, fails or 3245
refuses to attend and testify to any matter regarding which the 3246
person may be lawfully interrogated, or produce any documentary 3247
evidence pertinent to any investigation, inquiry, or hearing, the 3248
court of common pleas of any county, or any judge thereof, where 3249
such disobedience, failure, or refusal occurs, upon application of 3250
the director or the board, or any member thereof, or a municipal 3251
or civil service township civil service commission, or any 3252
commissioner thereof, or their chief examiner, shall compel 3253
obedience by attachment proceedings for contempt as in the case of 3254
disobedience of the requirements of a subpoena issued from such 3255
courts or a refusal to testify therein.3256

       (H) Make a report to the governor, on or before the first day 3257
of January of each year, showing the director's actions, the rules3258
and all exceptions thereto in force, and any recommendations for3259
the more effectual accomplishment of the purposes of this chapter. 3260
The director shall also furnish any special reports to the 3261
governor whenever the governor requests them. Such reports shall 3262
be printed for public distribution under the same regulations as 3263
are the reports of other state officers, boards, or commissions.3264

       Sec. 124.11.  The civil service of the state and the several 3265
counties, cities, civil service townships, city health districts, 3266
general health districts, and city school districts thereof shall 3267
be divided into the unclassified service and the classified 3268
service.3269

       (A) The unclassified service shall comprise the following3270
positions, which shall not be included in the classified service,3271
and which shall be exempt from all examinations required by this3272
chapter:3273

       (1) All officers elected by popular vote or persons appointed 3274
to fill vacancies in such offices;3275

       (2) All election officers as defined in section 3501.01 of3276
the Revised Code;3277

       (3) The members of all boards and commissions, and heads of 3278
principal departments, boards, and commissions appointed by the 3279
governor or by and with the governor's consent; and the members of 3280
all boards and commissions and all heads of departments appointed 3281
by the mayor, or, if there is no mayor, such other similar chief3282
appointing authority of any city or city school district; except3283
as otherwise provided in division (A)(17) or (C) of this section,3284
this chapter does not exempt the chiefs of police departments and3285
chiefs of fire departments of cities or civil service townships3286
from the competitive classified service;3287

       (4) The members of county or district licensing boards or3288
commissions and boards of revision, and deputy county auditors;3289

       (5) All officers and employees elected or appointed by either 3290
or both branches of the general assembly, and such employees of 3291
the city legislative authority as are engaged in legislative 3292
duties;3293

       (6) All commissioned, warrant, and noncommissioned officers 3294
and enlisted persons in the Ohio organized militia, including3295
military appointees in the adjutant general's department;3296

       (7)(a) All presidents, business managers, administrative3297
officers, superintendents, assistant superintendents, principals,3298
deans, assistant deans, instructors, teachers, and such employees3299
as are engaged in educational or research duties connected with3300
the public school system, colleges, and universities, as3301
determined by the governing body of the public school system,3302
colleges, and universities;3303

       (b) The library staff of any library in the state supported 3304
wholly or in part at public expense.3305

       (8) Four clerical and administrative support employees for3306
each of the elective state officers; and three clerical and3307
administrative support employees for other elective officers and3308
each of the principal appointive executive officers, boards, or3309
commissions, except for civil service commissions, that are3310
authorized to appoint such clerical and administrative support3311
employees;3312

       (9) The deputies and assistants of state agencies authorized 3313
to act for and on behalf of the agency, or holding a fiduciary or 3314
administrative relation to that agency and those persons employed 3315
by and directly responsible to elected county officials or a 3316
county administrator and holding a fiduciary or administrative 3317
relationship to such elected county officials or county3318
administrator, and the employees of such county officials whose 3319
fitness would be impracticable to determine by competitive 3320
examination, provided that division (A)(9) of this section shall 3321
not affect those persons in county employment in the classified 3322
service as of September 19, 1961. Nothing in division (A)(9) of 3323
this section applies to any position in a county department of job 3324
and family services created pursuant to Chapter 329. of the 3325
Revised Code.3326

       (10) Bailiffs, constables, official stenographers, and3327
commissioners of courts of record, deputies of clerks of the3328
courts of common pleas who supervise, or who handle public moneys3329
or secured documents, and such officers and employees of courts of 3330
record and such deputies of clerks of the courts of common pleas 3331
as the director of administrative services finds it impracticable 3332
to determine their fitness by competitive examination;3333

       (11) Assistants to the attorney general, special counsel3334
appointed or employed by the attorney general, assistants to3335
county prosecuting attorneys, and assistants to city directors of3336
law;3337

       (12) Such teachers and employees in the agricultural3338
experiment stations; such students in normal schools, colleges,3339
and universities of the state who are employed by the state or a3340
political subdivision of the state in student or intern3341
classifications; and such unskilled labor positions as the3342
director of administrative services or any municipal civil service 3343
commission may find it impracticable to include in the competitive 3344
classified service; provided such exemptions shall be by order of 3345
the commission or the director, duly entered on the record of the 3346
commission or the director with the reasons for each such 3347
exemption;3348

       (13) Any physician or dentist who is a full-time employee of 3349
the department of mental health or the department of mental3350
retardation and developmental disabilities or of an institution3351
under the jurisdiction of either department; and physicians who3352
are in residency programs at the institutions;3353

       (14) Up to twenty positions at each institution under the3354
jurisdiction of the department of mental health or the department3355
of mental retardation and developmental disabilities that the3356
department director determines to be primarily administrative or3357
managerial; and up to fifteen positions in any division of either3358
department, excluding administrative assistants to the director3359
and division chiefs, which are within the immediate staff of a3360
division chief and which the director determines to be primarily3361
and distinctively administrative and managerial;3362

       (15) Noncitizens of the United States employed by the state, 3363
or its counties or cities, as physicians or nurses who are duly 3364
licensed to practice their respective professions under the laws 3365
of Ohio, or medical assistants, in mental or chronic disease 3366
hospitals, or institutions;3367

       (16) Employees of the governor's office;3368

       (17) Fire chiefs and chiefs of police in civil service3369
townships appointed by boards of township trustees under section3370
505.38 or 505.49 of the Revised Code;3371

       (18) Executive directors, deputy directors, and program3372
directors employed by boards of alcohol, drug addiction, and3373
mental health services under Chapter 340. of the Revised Code, and 3374
secretaries of the executive directors, deputy directors, and3375
program directors;3376

       (19) Superintendents, and management employees as defined in 3377
section 5126.20 of the Revised Code, of county boards of mental 3378
retardation and developmental disabilities;3379

       (20) Physicians, nurses, and other employees of a county3380
hospital who are appointed pursuant to sections 339.03 and 339.063381
of the Revised Code;3382

       (21) The executive director of the state medical board, who 3383
is appointed pursuant to division (B) of section 4731.05 of the 3384
Revised Code;3385

       (22) County directors of job and family services as provided 3386
in section 329.02 of the Revised Code and administrators appointed3387
under section 329.021 of the Revised Code;3388

       (23) A director of economic development who is hired pursuant 3389
to division (A) of section 307.07 of the Revised Code;3390

       (24) Chiefs of construction and compliance, of operations and 3391
maintenance, and of licensing and certification in the division of 3392
industrial compliance in the department of commerce;3393

       (25) The executive director of a county transit system 3394
appointed under division (A) of section 306.04 of the Revised 3395
Code;3396

       (26) Up to five positions at each of the administrative3397
departments listed in section 121.02 of the Revised Code and at 3398
the department of taxation, department of the adjutant general, 3399
department of education, Ohio board of regents, bureau of workers'3400
compensation, industrial commission, state lottery commission, and 3401
public utilities commission of Ohio that the head of that 3402
administrative department or of that other state agency determines 3403
to be involved in policy development and implementation. The head 3404
of the administrative department or other state agency shall set 3405
the compensation for employees in these positions at a rate that 3406
is not less than the minimum compensation specified in pay range 3407
41 but not more than the maximum compensation specified in pay 3408
range 44 of salary schedule E-2 in section 124.152 of the Revised 3409
Code. The authority to establish positions in the unclassified 3410
service under division (A)(26) of this section is in addition to 3411
and does not limit any other authority that an administrative 3412
department or state agency has under the Revised Code to establish 3413
positions, appoint employees, or set compensation.3414

       (27) Employees of the department of agriculture employed3415
under section 901.09 of the Revised Code;3416

       (28) For cities, counties, civil service townships, city 3417
health districts, general health districts, and city school 3418
districts, the deputies and assistants of elective or principal 3419
executive officers authorized to act for and in the place of their 3420
principals or holding a fiduciary relation to their principals;3421

       (29) Employees who receive external interim, intermittent, or 3422
temporary appointments under division (B) of section 124.30 of the 3423
Revised Code;3424

       (30) Employees appointed to administrative staff positions 3425
for which an appointing authority is given specific statutory 3426
authority to set compensation;3427

       (31) Employees appointed to highway patrol cadet or highway 3428
patrol cadet candidate classifications.3429

       (B) The classified service shall comprise all persons in the 3430
employ of the state and the several counties, cities, city health 3431
districts, general health districts, and city school districts 3432
thereof, not specifically included in the unclassified service. 3433
Upon the creation by the board of trustees of a civil service 3434
township civil service commission, the classified service shall 3435
also comprise, except as otherwise provided in division (A)(17) or 3436
(C) of this section, all persons in the employ of civil service 3437
township police or fire departments having ten or more full-time 3438
paid employees. The classified service consists of two classes, 3439
which shall be designated as the competitive class and the 3440
unskilled labor class.3441

       (1) The competitive class shall include all positions and3442
employments in the state and the counties, cities, city health3443
districts, general health districts, and city school districts3444
thereof, and upon the creation by the board of trustees of a civil 3445
service township of a township civil service commission all3446
positions in civil service township police or fire departments3447
having ten or more full-time paid employees, for which it is3448
practicable to determine the merit and fitness of applicants by3449
competitive examinations. Appointments shall be made to, or3450
employment shall be given in, all positions in the competitive3451
class that are not filled by promotion, reinstatement, transfer,3452
or reduction, as provided in this chapter, and the rules of the3453
director of administrative services, by appointment from those3454
certified to the appointing officer in accordance with this3455
chapter.3456

       (2) The unskilled labor class shall include ordinary3457
unskilled laborers. Vacancies in the labor class shall be filled3458
by appointment from lists of applicants registered by the3459
director. The director or the commission, by rule, shall require3460
an applicant for registration in the labor class to furnish such3461
evidence or take such tests as the director considers proper with3462
respect to age, residence, physical condition, ability to labor,3463
honesty, sobriety, industry, capacity, and experience in the work3464
or employment for which application is made. Laborers who fulfill 3465
the requirements shall be placed on the eligible list for the kind 3466
of labor or employment sought, and preference shall be given in3467
employment in accordance with the rating received from such3468
evidence or in such tests. Upon the request of an appointing3469
officer, stating the kind of labor needed, the pay and probable3470
length of employment, and the number to be employed, the director3471
shall certify from the highest on the list double the number to be 3472
employed; from this number the appointing officer shall appoint 3473
the number actually needed for the particular work. If more than 3474
one applicant receives the same rating, priority in time of 3475
application shall determine the order in which their names shall 3476
be certified for appointment.3477

       (C) A municipal or civil service township civil service3478
commission may place volunteer firefighters who are paid on a3479
fee-for-service basis in either the classified or the unclassified 3480
civil service.3481

       (D) This division does not apply to persons in the 3482
unclassified service who have the right to resume positions in the 3483
classified service under sections 4121.121, 5119.071, 5120.07, 3484
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the 3485
Revised Code.3486

       An appointing authority whose employees are paid directly by 3487
warrant of the auditor of statedirector of budget and management3488
may appoint a person who holds a certified position in the 3489
classified service within the appointing authority's agency to a 3490
position in the unclassified service within that agency. A person 3491
appointed pursuant to this division to a position in the 3492
unclassified service shall retain the right to resume the position 3493
and status held by the person in the classified service 3494
immediately prior to the person's appointment to the position in 3495
the unclassified service, regardless of the number of positions 3496
the person held in the unclassified service. Reinstatement to a 3497
position in the classified service shall be to a position 3498
substantially equal to that position in the classified service 3499
held previously, as certified by the director of administrative 3500
services. If the position the person previously held in the 3501
classified service has been placed in the unclassified service or 3502
is otherwise unavailable, the person shall be appointed to a3503
position in the classified service within the appointing 3504
authority's agency that the director of administrative services 3505
certifies is comparable in compensation to the position the person 3506
previously held in the classified service. Service in the position 3507
in the unclassified service shall be counted as service in the3508
position in the classified service held by the person immediately 3509
prior to the person's appointment to the position in the 3510
unclassified service. When a person is reinstated to a position in 3511
the classified service as provided in this division, the person is 3512
entitled to all rights, status, and benefits accruing to the3513
position in the classified service during the person's time of 3514
service in the position in the unclassified service.3515

       Sec. 124.137.  There is hereby created in the state treasury 3516
the parental leave benefit fund. The director of administrative 3517
services shall use moneys credited to the fund solely for the 3518
payment of parental leave benefits available to employees paid by 3519
warrant of the auditor of statedirector of budget and management3520
and for payment of any direct and indirect costs that are 3521
attributable to consultants or a third-party administrator and 3522
that are necessary to administer this section. All investment 3523
earnings of the parental leave fund shall be credited to the fund.3524

       The director of administrative services, in consultation with 3525
the director of budget and management, shall determine a rate at 3526
which the payrolls of all state agencies with employees paid by 3527
warrant of the auditor of statedirector of budget and management3528
shall be charged each pay period that is sufficient to cover the 3529
costs of administering the parental leave benefit program. The 3530
rate shall be based on the total number of such employees and may 3531
be adjusted as the director of administrative services, in 3532
consultation with the director of budget and management, considers 3533
necessary. All money collected from the assessment shall be 3534
credited to the parental leave benefit fund.3535

       Sec. 124.138.  The director of administrative services may3536
establish paid leaves and employee benefits for eligible full-time 3537
fire fighters employed by the adjutant general's department that 3538
are comparable to paid leaves and employee benefits provided to 3539
other full-time permanent employees paid directly by warrant of 3540
the auditor of statedirector of budget and management. Any paid 3541
leaves and employee benefits established under this section shall 3542
be limited to fire fighters regularly scheduled to work at least 3543
one hundred four hours per biweekly pay period and shall be 3544
adjusted so that the ratio between the hours worked and the paid 3545
leave hours earned shall be the same as the ratio between the 3546
hours worked and the paid leave hours earned by full-time 3547
permanent employees with the same amount of accrued service. The 3548
director of administrative services shall adopt rules in 3549
accordance with Chapter 119. of the Revised Code governing any 3550
paid leaves and employee benefits established under this section.3551

       Sec. 124.139. (A) A full-time state employee shall receive up 3552
to two hundred forty hours of leave with pay during each calendar 3553
year to use during those hours when the employee is absent from 3554
work because of the employee's donation of any portion of an adult 3555
liver or because of the employee's donation of an adult kidney.3556

       (B) A full-time state employee shall receive up to fifty-six3557
hours of leave with pay during each calendar year to use during3558
those hours when the employee is absent from work because of the3559
employee's donation of adult bone marrow.3560

       (C) An appointing authority shall compensate a full-time3561
state employee who uses leave granted under division (A) or (B) of3562
this section at the employee's regular rate of pay for those3563
regular work hours during which the employee is absent from work.3564

       (D)(1) The director of administrative services, under section 3565
124.04 of the Revised Code, shall provide information about this 3566
section to full-time employees who are paid directly by warrant of 3567
the auditor of statedirector of budget and management.3568

       (2) The appointing authority of full-time employees who are3569
not paid directly by warrant of the auditor of statedirector of 3570
budget and management shall periodically provide information about 3571
this section to those employees.3572

       Sec. 124.14.  (A)(1) The director of administrative services3573
shall establish, and may modify or repeal, by rule, a job3574
classification plan for all positions, offices, and employments3575
the salaries of which are paid in whole or in part by the state. 3576
The director shall group jobs within a classification so that the3577
positions are similar enough in duties and responsibilities to be3578
described by the same title, to have the same pay assigned with3579
equity, and to have the same qualifications for selection applied. 3580
The director shall, by rule, assign a classification title to each 3581
classification within the classification plan. However, the 3582
director shall consider in establishing classifications, including 3583
classifications with parenthetical titles, and assigning pay 3584
ranges such factors as duties performed only on one shift, special 3585
skills in short supply in the labor market, recruitment problems, 3586
separation rates, comparative salary rates, the amount of training 3587
required, and other conditions affecting employment. The director 3588
shall describe the duties and responsibilities of the class and 3589
establish the qualifications for being employed in that position, 3590
and shall file with the secretary of state a copy of 3591
specifications for all of the classifications. The director shall 3592
file new, additional, or revised specifications with the secretary 3593
of state before being used. 3594

       The director shall, by rule, assign each classification, 3595
either on a statewide basis or in particular counties or state 3596
institutions, to a pay range established under section 124.15 or 3597
section 124.152 of the Revised Code. The director may assign a 3598
classification to a pay range on a temporary basis for a period of 3599
time designated in the rule. The director may establish, by rule 3600
adopted under Chapter 119. of the Revised Code, experimental 3601
classification plans for some or all employees paid directly by3602
warrant of the auditor of statedirector of budget and management. 3603
The rule shall include specifications for each classification 3604
within the plan and shall specifically address compensation 3605
ranges, and methods for advancing within the ranges, for the 3606
classifications, which may be assigned to pay ranges other than 3607
the pay ranges established under section 124.15 or 124.152 of the 3608
Revised Code.3609

       (2) The director of administrative services may reassign to a 3610
proper classification those positions that have been assigned to 3611
an improper classification. If the compensation of an employee in 3612
such a reassigned position exceeds the maximum rate of pay for the 3613
employee's new classification, the employee shall be placed in pay 3614
step X and shall not receive an increase in compensation until the 3615
maximum rate of pay for that classification exceeds the employee's 3616
compensation.3617

       (3) The director may reassign an exempt employee, as defined 3618
in section 124.152 of the Revised Code, to a bargaining unit 3619
classification if the director determines that the bargaining unit 3620
classification is the proper classification for that employee. 3621
Notwithstanding Chapter 4117. of the Revised Code or instruments3622
and contracts negotiated under it, such placements are at the 3623
director's discretion.3624

       (4) The director shall, by rule, assign related3625
classifications, which form a career progression, to a3626
classification series. The director shall, by rule, assign each3627
classification in the classification plan a five-digit number, the 3628
first four digits of which shall denote the classification series 3629
to which the classification is assigned. When a career progression 3630
encompasses more than ten classifications, the director shall, by 3631
rule, identify the additional classifications belonging to a 3632
classification series. Such additional classifications shall be 3633
part of the classification series, notwithstanding the fact that 3634
the first four digits of the number assigned to the additional 3635
classifications do not correspond to the first four digits of the 3636
numbers assigned to other classifications in the classification 3637
series.3638

       (5) The director shall adopt rules in accordance with Chapter3639
119. of the Revised Code for the establishment of a classification 3640
plan for county agencies that elect not to use the services and 3641
facilities of a county personnel department. The rules shall 3642
include a methodology for the establishment of titles unique to 3643
county agencies, the use of state classification titles and 3644
classification specifications for common positions, the criteria 3645
for a county to meet in establishing its own classification plan, 3646
and the establishment of what constitutes a classification series 3647
for county agencies.3648

       (B) Division (A) of this section and sections 124.15 and3649
124.152 of the Revised Code do not apply to the following persons, 3650
positions, offices, and employments:3651

       (1) Elected officials;3652

       (2) Legislative employees, employees of the legislative3653
service commission, employees in the office of the governor, 3654
employees who are in the unclassified civil service and exempt 3655
from collective bargaining coverage in the office of the secretary 3656
of state, auditor of state, treasurer of state, and attorney 3657
general, and employees of the supreme court;3658

       (3) Employees of a county children services board that3659
establishes compensation rates under section 5153.12 of the3660
Revised Code;3661

       (4) Any position for which the authority to determine3662
compensation is given by law to another individual or entity;3663

       (5) Employees of the bureau of workers' compensation whose 3664
compensation the administrator of workers' compensation3665
establishes under division (B) of section 4121.121 of the Revised3666
Code.3667

       (C) The director may employ a consulting agency to aid and3668
assist the director in carrying out this section.3669

       (D)(1) When the director proposes to modify a classification3670
or the assignment of classes to appropriate pay ranges, the3671
director shall send written notice of the proposed rule to the3672
appointing authorities of the affected employees thirty days3673
before the hearing on the proposed rule. The appointing 3674
authorities shall notify the affected employees regarding the 3675
proposed rule. The director shall also send such appointing 3676
authorities notice of any final rule which is adopted within ten 3677
days after adoption.3678

       (2) When the director proposes to reclassify any employee so 3679
that the employee is adversely affected, the director shall give 3680
to the employee affected and to the employee's appointing3681
authority a written notice setting forth the proposed new3682
classification, pay range, and salary. Upon the request of any3683
classified employee who is not serving in a probationary period,3684
the director shall perform a job audit to review the3685
classification of the employee's position to determine whether the 3686
position is properly classified. The director shall give to the 3687
employee affected and to the employee's appointing authority a 3688
written notice of the director's determination whether or not to3689
reclassify the position or to reassign the employee to another3690
classification. An employee or appointing authority desiring a3691
hearing shall file a written request for the hearing with the 3692
state personnel board of review within thirty days after receiving 3693
the notice. The board shall set the matter for a hearing and 3694
notify the employee and appointing authority of the time and place 3695
of the hearing. The employee, appointing authority, or any3696
authorized representative of the employee who wishes to submit3697
facts for the consideration of the board shall be afforded3698
reasonable opportunity to do so. After the hearing, the board3699
shall consider anew the reclassification and may order the3700
reclassification of the employee and require the director to3701
assign the employee to such appropriate classification as the 3702
facts and evidence warrant. As provided in division (A) of section 3703
124.03 of the Revised Code, the board may determine the most 3704
appropriate classification for the position of any employee coming 3705
before the board, with or without a job audit. The board shall 3706
disallow any reclassification or reassignment classification of 3707
any employee when it finds that changes have been made in the 3708
duties and responsibilities of any particular employee for 3709
political, religious, or other unjust reasons.3710

       (E)(1) Employees of each county department of job and family3711
services shall be paid a salary or wage established by the board 3712
of county commissioners. The provisions of section 124.18 of the 3713
Revised Code concerning the standard work week apply to employees 3714
of county departments of job and family services. A board of 3715
county commissioners may do either of the following:3716

       (a) Notwithstanding any other section of the Revised Code,3717
supplement the sick leave, vacation leave, personal leave, and3718
other benefits of any employee of the county department of job and 3719
family services of that county, if the employee is eligible for 3720
the supplement under a written policy providing for the 3721
supplement;3722

       (b) Notwithstanding any other section of the Revised Code,3723
establish alternative schedules of sick leave, vacation leave,3724
personal leave, or other benefits for employees not inconsistent3725
with the provisions of a collective bargaining agreement covering3726
the affected employees.3727

       (2) The provisions of division (E)(1) of this section do not 3728
apply to employees for whom the state employment relations board 3729
establishes appropriate bargaining units pursuant to section 3730
4117.06 of the Revised Code, except in either of the following 3731
situations:3732

       (a) The employees for whom the state employment relations3733
board establishes appropriate bargaining units elect no3734
representative in a board-conducted representation election.3735

       (b) After the state employment relations board establishes3736
appropriate bargaining units for such employees, all employee3737
organizations withdraw from a representation election.3738

       (F) With respect to officers and employees of state-supported 3739
colleges and universities and except for the powers and duties of 3740
the state personnel board of review set forth in section 124.03 of 3741
the Revised Code, the powers, duties, and functions of the 3742
department of administrative services and of the director of 3743
administrative services specified in this chapter are hereby 3744
vested in and assigned to the boards of trustees of those colleges3745
and universities, or those officers to whom the boards of trustees3746
have delegated these powers, duties, and functions, subject to a3747
periodic audit and review by the director. In exercising the 3748
powers, duties, and functions of the director, the boards of 3749
trustees or the officers to whom these powers, duties, and 3750
functions were delegated need not establish a job classification 3751
plan for unclassified employees and may proceed under section 3752
111.15 of the Revised Code when exercising the director's 3753
rule-making authority. The adoption, amendment, rescission, and3754
enforcement of rules under this division is not subject to 3755
approval, disapproval, or modification by the state personnel 3756
board of review. Nothing in this division shall be construed to 3757
limit the right of any classified employee who possesses the right 3758
of appeal to the state personnel board of review to continue to 3759
possess that right of appeal.3760

       Upon the director's determination or finding of the misuse by 3761
the board of trustees of or a designated officer of a 3762
state-supported college or university of the authority granted 3763
under this division, the director shall order and direct the 3764
personnel functions of that state-supported college or university 3765
until sections 124.01 to 124.64 of the Revised Code have been 3766
fully complied with.3767

       (G)(1) Each board of county commissioners may, by a3768
resolution adopted by a majority of its members, establish a3769
county personnel department to exercise the powers, duties, and3770
functions specified in division (G) of this section. As used in3771
division (G) of this section, "county personnel department" means3772
a county personnel department established by a board of county3773
commissioners under division (G)(1) of this section.3774

       (2) Each board of county commissioners may, by a resolution 3775
adopted by a majority of its members, designate the county 3776
personnel department of the county to exercise the powers, duties, 3777
and functions of the department of administrative services and the 3778
director of administrative services specified in sections 124.01 3779
to 124.64 and Chapter 325. of the Revised Code, except for the 3780
powers and duties of the state personnel board of review, which 3781
powers and duties shall not be construed as having been modified 3782
or diminished in any manner by division (G)(2) of this section, 3783
with respect to the employees for whom the board of county 3784
commissioners is the appointing authority or co-appointing3785
authority. Upon certification of a copy of the resolution by the3786
board to the director, these powers, duties, and functions are3787
vested in and assigned to the county personnel department with3788
respect to the employees for whom the board of county3789
commissioners is the appointing authority or co-appointing3790
authority. The certification to the director shall be provided not 3791
later than one hundred twenty days before the first day of July of 3792
an odd-numbered year, and, following the certification, the 3793
powers, duties, and functions specified in sections 124.01 to3794
124.64 and Chapter 325. of the Revised Code shall be vested in and 3795
assigned to the county personnel department on that first day of 3796
July. Nothing in division (G)(2) of this section shall be3797
construed to limit the right of any employee who possesses the3798
right of appeal to the state personnel board of review to continue 3799
to possess that right of appeal.3800

       Any board of county commissioners that has established a3801
county personnel department may contract with the department of3802
administrative services, another political subdivision, or an3803
appropriate public or private entity to provide competitive3804
testing services or other appropriate services.3805

       (3) After the county personnel department of a county has3806
assumed the powers, duties, and functions of the department of3807
administrative services and the director as described in division3808
(G)(2) of this section, any elected official, board, agency, or3809
other appointing authority of that county may, upon notification3810
to the director, elect to use the services and facilities of the3811
county personnel department. Upon the acceptance by the director3812
of such notification, the county personnel department shall3813
exercise the powers, duties, and functions of the department of3814
administrative services and the director as described in division3815
(G)(2) of this section with respect to the employees of that3816
elected official, board, agency, or other appointing authority.3817
The notification to the director shall be provided not later than3818
one hundred twenty days before the first day of July of an3819
odd-numbered year, and, following the notification, the powers,3820
duties, and functions specified in sections 124.01 to 124.64 and3821
Chapter 325. of the Revised Code with respect to the employees of3822
that elected official, board, agency, or other appointing3823
authority shall be vested in and assigned to the county personnel3824
department on that first day of July. Except for those employees3825
under the jurisdiction of the county personnel department, the3826
director shall continue to exercise these powers, duties, and3827
functions with respect to employees of the county.3828

       (4) Each board of county commissioners that has established a 3829
county personnel department may, by a resolution adopted by a 3830
majority of its members, disband the county personnel department 3831
and return to the department of administrative services for the 3832
administration of sections 124.01 to 124.64 and Chapter 325. of 3833
the Revised Code. The board shall, not later than one hundred 3834
twenty days before the first day of July of an odd-numbered year, 3835
send the director a certified copy of the resolution disbanding 3836
the county personnel department. All powers, duties, and functions 3837
previously vested in and assigned to the county personnel 3838
department shall return to the director on that first day of July.3839

       (5) Any elected official, board, agency, or appointing3840
authority of a county may return to the department of3841
administrative services for the administration of sections 124.013842
to 124.64 and Chapter 325. of the Revised Code. The elected3843
official, board, agency, or appointing authority shall, not later3844
than one hundred twenty days before the first day of July of an3845
odd-numbered year, send the director a certified copy of the3846
resolution that states its decision. All powers, duties, and3847
functions previously vested in and assigned to the county3848
personnel department with respect to the employees of that elected 3849
official, board, agency, or appointing authority shall return to 3850
the director on that first day of July.3851

       (6) The director, by rule adopted in accordance with Chapter 3852
119. of the Revised Code, shall prescribe criteria and procedures 3853
for granting to each county personnel department the powers, 3854
duties, and functions of the department of administrative services 3855
and the director as described in division (G)(2) of this section 3856
with respect to the employees of an elected official, board, 3857
agency, or other appointing authority or co-appointing authority. 3858
The rules shall cover the following criteria and procedures:3859

       (a) The notification to the department of administrative3860
services that an elected official, board, agency, or other3861
appointing authority of a county has elected to use the services3862
and facilities of the county personnel department;3863

       (b) A requirement that each county personnel department, in 3864
carrying out its duties, adhere to merit system principles with 3865
regard to employees of county departments of job and family 3866
services, child support enforcement agencies, and public child 3867
welfare agencies so that there is no threatened loss of federal 3868
funding for these agencies, and a requirement that the county be3869
financially liable to the state for any loss of federal funds due3870
to the action or inaction of the county personnel department. The 3871
costs associated with audits conducted to monitor compliance with 3872
division (G)(6)(b) of this section shall be borne equally by the 3873
department of administrative services and the county.3874

       (c) The termination of services and facilities rendered by3875
the department of administrative services, to include rate3876
adjustments, time periods for termination, and other related3877
matters;3878

       (d) Authorization for the director of administrative services 3879
to conduct periodic audits and reviews of county personnel 3880
departments to guarantee the uniform application of this granting 3881
of the director's powers, duties, and functions. The costs of the 3882
audits and reviews shall be borne equally by the department of 3883
administrative services and the county for which the services were 3884
performed.3885

       (e) The dissemination of audit findings under division3886
(G)(5)(d) of this section, any appeals process relating to adverse 3887
findings by the department, and the methods whereby the county 3888
personnel program will revert to the authority of the director of 3889
administrative services due to misuse or nonuniform application of 3890
the authority granted to the county under division (G)(2) or (3) 3891
of this section.3892

       (H) The director of administrative services shall establish 3893
the rate and method of compensation for all employees who are paid 3894
directly by warrant of the auditor of statedirector of budget and 3895
management and who are serving in positions which the director of 3896
administrative services has determined impracticable to include in 3897
the state job classification plan. This division does not apply to 3898
elected officials, legislative employees, employees of the 3899
legislative service commission, employees who are in the 3900
unclassified civil service and exempt from collective bargaining 3901
coverage in the office of the secretary of state, auditor of 3902
state, treasurer of state, and attorney general, employees of the 3903
courts, employees of the bureau of workers' compensation whose 3904
compensation the administrator of workers' compensation 3905
establishes under division (B) of section 4121.121 of the Revised 3906
Code, or employees of an appointing authority authorized by law to 3907
fix the compensation of those employees.3908

       (I) The director shall set the rate of compensation for all 3909
intermittent, interim, seasonal, temporary, emergency, and casual 3910
employees who are not considered public employees under section3911
4117.01 of the Revised Code. Such employees are not entitled to 3912
receive employee benefits. This rate of compensation shall be3913
equitable in terms of the rate of employees serving in the same or 3914
similar classifications. This division does not apply to elected 3915
officials, legislative employees, employees of the legislative 3916
service commission, employees who are in the unclassified civil3917
service and exempt from collective bargaining coverage in the 3918
office of the secretary of state, auditor of state, treasurer of 3919
state, and attorney general, employees of the courts, employees of 3920
the bureau of workers' compensation whose compensation the 3921
administrator establishes under division (B) of section 4121.121 3922
of the Revised Code, or employees of an appointing authority 3923
authorized by law to fix the compensation of those employees.3924

       Sec. 124.151.  (A) As used in this section, "compensation"3925
includes, but is not limited to, wages and salary, travel3926
allowances paid pursuant to section 101.27 of the Revised Code,3927
and benefits paid pursuant to sections 124.13, 124.19, 124.381,3928
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised3929
Code.3930

       (B) The compensation of any employee whose employment3931
commenced on or after the effective date of this amendmentJune 5, 3932
2002, and who is paid by warrant of the auditor of statedirector 3933
of budget and management shall be paid by direct deposit. Each3934
such employee shall provide to the appointing authority a written3935
authorization for payment by direct deposit. The authorization3936
shall include the designation of a financial institution equipped3937
to accept direct deposits and the number of the account into which3938
the deposit is to be made. The authorization shall remain in3939
effect until withdrawn in writing by the employee or until3940
dishonored by the financial institution. The director of3941
administrative services shall provide by rule adopted under3942
Chapter 119. of the Revised Code for the direct deposit in a3943
financial institution of the compensation of an employee who fails3944
to provide to the appointing authority a written authorization for3945
payment by direct deposit.3946

       Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2) 3947
and (3) of this section, each exempt employee shall be paid a 3948
salary or wage in accordance with schedule E-1 or schedule E-2 of 3949
division (B) or (C) of this section.3950

       (2) Each exempt employee who holds a position in the 3951
unclassified civil service pursuant to division (A)(26) or (30) of 3952
section 124.11 of the Revised Code may be paid a salary or wage in 3953
accordance with schedule E-1, schedule E-1 for step seven only, or 3954
schedule E-2 of division (B), (C), (D), or (E) of this section, as 3955
applicable.3956

       (3)(a) Except as provided in division (A)(3)(b) of this 3957
section, each exempt employee who was paid a salary or wage at 3958
step 7 in the employee's pay range on June 28, 2003, in accordance 3959
with the applicable schedule E-1 of former section 124.152 of the 3960
Revised Code and who continued to be so paid on June 29, 2003, 3961
shall be paid a salary or wage in the corresponding pay range in 3962
schedule E-1 for step seven only of division (D) or (E) of this 3963
section for as long as the employee remains in the position the 3964
employee held as of July 1, 2003.3965

       (b) Except as provided in division (A)(3)(c) of this section, 3966
if an exempt employee who is being paid a salary or wage in 3967
accordance with schedule E-1 for step seven only of division (D) 3968
or (E) of this section moves to another position, the employee 3969
shall not receive a salary or wage for that position or any other 3970
position in the future in accordance with that schedule.3971

        (c) If an exempt employee who is being paid a salary or wage 3972
in accordance with schedule E-1 for step seven only of division 3973
(D) or (E) of this section moves to another position assigned to 3974
pay range 12 or above, the appointing authority has the discretion 3975
to assign the employee to be paid a salary or wage in the 3976
appropriate pay range for that position in accordance with 3977
schedule E-1 for step seven only, provided that the appointing 3978
authority so notifies the director of administrative services in 3979
writing at the time the employee is appointed to that position.3980

        (B) Beginning on the first day of the pay period that3981
includes July 1, 2002, each exempt employee who must be paid in 3982
accordance with schedule E-1 or schedule E-2 of this section shall3983
be paid a salary or wage in accordance with the following schedule 3984
of rates:3985

Schedule E-13986

Pay Ranges and Step Values
3987

Step Step Step Step Step Step 3988
Range 1 2 3 4 5 6 3989
1 Hourly 8.78 9.16 9.56 9.97 3990
Annually 18262 19053 19885 20738 3991
2 Hourly 10.64 11.09 11.58 12.08 3992
Annually 22131 23067 24086 25126 3993
3 Hourly 11.14 11.65 12.16 12.69 3994
Annually 23171 24232 25293 26395 3995
4 Hourly 11.70 12.23 12.81 13.38 3996
Annually 24336 25438 26645 27830 3997
5 Hourly 12.28 12.84 13.38 13.97 3998
Annually 25542 26707 27830 29058 3999
6 Hourly 12.94 13.47 14.07 14.64 4000
Annually 26915 28018 29266 30451 4001
7 Hourly 13.74 14.26 14.83 15.35 15.94 4002
Annually 28579 29661 30846 31928 33155 4003
8 Hourly 14.53 15.16 15.83 16.53 17.23 4004
Annually 30222 31533 32926 34382 35838 4005
9 Hourly 15.50 16.30 17.11 17.95 18.87 4006
Annually 32240 33904 35589 37336 39250 4007
10 Hourly 16.72 17.63 18.58 19.65 20.70 4008
Annually 34778 36670 38646 40872 43056 4009
11 Hourly 18.20 19.27 20.38 21.53 22.76 4010
Annually 37856 40082 42390 44782 47341 4011
12 Hourly 20.08 21.21 22.35 23.59 24.90 26.26 4012
Annually 41766 44117 46488 49067 51792 54621 4013
13 Hourly 22.13 23.35 24.63 25.95 27.40 28.90 4014
Annually 46030 48568 51230 53976 56992 60112 4015
14 Hourly 24.35 25.72 27.10 28.59 30.20 31.88 4016
Annually 50648 53498 56368 59467 62816 66310 4017
15 Hourly 26.74 28.24 29.84 31.48 33.22 35.06 4018
Annually 55619 58739 62067 65478 69098 72925 4019
16 Hourly 29.48 31.12 32.84 34.67 36.59 38.67 4020
Annually 61318 64730 68307 72114 76107 80434 4021
17 Hourly 32.49 34.28 36.20 38.20 40.33 42.58 4022
Annually 67579 71302 75296 79456 83886 88566 4023
18 Hourly 35.80 37.78 39.90 42.11 44.43 46.92 4024
Annually 74464 78582 82992 87589 92414 97594 4025

Schedule E-24026

Range Minimum Maximum 4027
41 Hourly 16.23 32.46 4028
Annually 33758 67517 4029
42 Hourly 17.89 35.86 4030
Annually 37211 74589 4031
43 Hourly 19.70 39.49 4032
Annually 40976 82139 4033
44 Hourly 21.73 43.13 4034
Annually 45198 89710 4035
45 Hourly 24.01 47.09 4036
Annually 49941 97947 4037
46 Hourly 26.43 51.46 4038
Annually 54974 107037 4039
47 Hourly 29.14 56.16 4040
Annually 60611 116813 4041
48 Hourly 32.14 61.29 4042
Annually 66851 127483 4043
49 Hourly 35.44 66.18 4044
Annually 73715 137654 4045

       (C) Beginning on the first day of the pay period that 4046
includes July 1, 2005, each exempt employee who must be paid in 4047
accordance with schedule E-1 or schedule E-2 of this section shall 4048
be paid a salary or wage in accordance with the following schedule 4049
of rates:4050

Schedule E-14051

Pay Ranges and Step Values
4052

Step Step Step Step Step Step 4053
Range 1 2 3 4 5 6 4054
1 Hourly 9.13 9.53 9.94 10.37 4055
Annually 18990 19822 20675 21570 4056
2 Hourly 11.07 11.53 12.04 12.56 4057
Annually 23026 23982 25043 26125 4058
3 Hourly 11.59 12.12 12.65 13.20 4059
Annually 24107 25210 26312 27456 4060
4 Hourly 12.17 12.72 13.32 13.92 4061
Annually 25314 26458 27706 28954 4062
5 Hourly 12.77 13.35 13.92 14.53 4063
Annually 26562 27768 28954 30222 4064
6 Hourly 13.46 14.01 14.63 15.23 4065
Annually 27997 29141 30430 31678 4066
7 Hourly 14.29 14.83 15.42 15.96 16.58 4067
Annually 29723 30846 32074 33197 34486 4068
8 Hourly 15.11 15.77 16.46 17.19 17.92 4069
Annually 31429 32802 34237 35755 37274 4070
9 Hourly 16.12 16.95 17.79 18.67 19.62 4071
Annually 33530 35256 37003 38834 40810 4072
10 Hourly 17.39 18.34 19.32 20.44 21.53 4073
Annually 36171 38147 40186 42515 44782 4074
11 Hourly 18.93 20.04 21.20 22.39 23.67 4075
Annually 39374 41683 44096 46571 49234 4076
12 Hourly 20.88 22.06 23.24 24.53 25.90 27.31 4077
Annually 43430 45885 48339 51022 53872 56805 4078
13 Hourly 23.02 24.28 25.62 26.99 28.50 30.06 4079
Annually 47882 50502 53290 56139 59280 62525 4080
14 Hourly 25.32 26.75 28.18 29.73 31.41 33.16 4081
Annually 52666 55640 58614 61838 65333 68973 4082
15 Hourly 27.81 29.37 31.03 32.74 34.55 36.46 4083
Annually 57845 61090 64542 68099 71864 75837 4084
16 Hourly 30.66 32.36 34.15 36.06 38.05 40.22 4085
Annually 63773 67309 71032 75005 79144 83658 4086
17 Hourly 33.79 35.65 37.65 39.73 41.94 44.28 4087
Annually 70283 74152 78312 82638 87235 92102 4088
18 Hourly 37.23 39.29 41.50 43.79 46.21 48.80 4089
Annually 77438 81723 86320 91083 96117 101504 4090

Schedule E-24091

Range Minimum Maximum 4092
41 Hourly 16.23 33.76 4093
Annually 33758 70221 4094
42 Hourly 17.89 37.29 4095
Annually 37211 77563 4096
43 Hourly 19.70 41.07 4097
Annually 40976 85426 4098
44 Hourly 21.73 44.86 4099
Annually 45198 93309 4100
45 Hourly 24.01 48.97 4101
Annually 49941 101858 4102
46 Hourly 26.43 53.52 4103
Annually 54974 111322 4104
47 Hourly 29.14 58.41 4105
Annually 60611 121493 4106
48 Hourly 32.14 63.74 4107
Annually 66851 132579 4108
49 Hourly 35.44 68.83 4109
Annually 73715 143166 4110

       (D) Beginning on the first day of the pay period that 4111
includes July 1, 2003, each exempt employee who must be paid in 4112
accordance with schedule E-1 for step seven only shall be paid a 4113
salary or wage in accordance with the following schedule of rates:4114

Schedule E-1 for Step Seven Only4115

Pay Ranges and Step Seven Values
4116

Range 4117
12 Hourly 27.71 4118
Annually 57637 4119
13 Hourly 30.49 4120
Annually 63419 4121
14 Hourly 33.62 4122
Annually 69930 4123
15 Hourly 36.98 4124
Annually 76918 4125
16 Hourly 40.80 4126
Annually 84864 4127
17 Hourly 44.93 4128
Annually 93454 4129
18 Hourly 49.50 4130
Annually 102960 4131

       (E) Beginning on the first day of the pay period that 4132
includes July 1, 2005, each exempt employee who must be paid in 4133
accordance with schedule E-1 for step seven only shall be paid a 4134
salary or wage in accordance with the following schedule of rates:4135

Schedule E-1 for Step Seven Only4136

Pay Ranges and Step Seven Values
4137

Range 4138
12 Hourly 28.82 4139
Annually 59946 4140
13 Hourly 31.71 4141
Annually 65957 4142
14 Hourly 34.96 4143
Annually 72717 4144
15 Hourly 38.46 4145
Annually 79997 4146
16 Hourly 42.43 4147
Annually 88254 4148
17 Hourly 46.73 4149
Annually 97198 4150
18 Hourly 51.48 4151
Annually 107078 4152

       (F) As used in this section, "exempt employee" means a4153
permanent full-time or permanent part-time employee paid directly4154
by warrant of the auditor of statedirector of budget and 4155
management whose position is included in the job classification 4156
plan established under division (A) of section 124.14 of the 4157
Revised Code but who is not considered a public employee for the 4158
purposes of Chapter 4117. of the Revised Code. As used in this 4159
section, "exempt employee" also includes a permanent full-time or 4160
permanent part-time employee of the secretary of state, auditor of 4161
state, treasurer of state, or attorney general who has not been 4162
placed in an appropriate bargaining unit by the state employment 4163
relations board.4164

       Sec. 124.18.  (A) Forty hours shall be the standard work week4165
for all employees whose salary or wage is paid in whole or in part 4166
by the state or by any state-supported college or university. When 4167
any employee whose salary or wage is paid in whole or in part by 4168
the state or by any state-supported college or university is 4169
required by an authorized administrative authority to be in an 4170
active pay status more than forty hours in any calendar week, the 4171
employee shall be compensated for such time over forty hours, 4172
except as otherwise provided in this section, at one and one-half 4173
times the employee's regular rate of pay. The use of sick leave 4174
shall not be considered to be active pay status for the purposes 4175
of earning overtime or compensatory time by employees whose wages 4176
are paid directly by warrant of the auditor of statedirector of 4177
budget and management. A flexible-hours employee is not entitled 4178
to compensation for overtime work unless the employee's authorized 4179
administrative authority required the employee to be in active pay 4180
status for more than forty hours in a calendar week, regardless of 4181
the number of hours the employee works on any day in the same 4182
calendar week.4183

       Such compensation for overtime work shall be paid no later 4184
than at the conclusion of the next succeeding pay period.4185

       If the employee elects to take compensatory time off in lieu 4186
of overtime pay for any overtime worked, such compensatory time 4187
shall be granted by the employee's administrative superior, on a 4188
time and one-half basis, at a time mutually convenient to the 4189
employee and the administrative superior. An employee may accrue4190
compensatory time to a maximum of two hundred forty hours, except4191
that public safety employees and other employees who meet the4192
criteria established in the "Federal Fair Labor Standards Act of4193
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may accrue 4194
a maximum of four hundred eighty hours of compensatory time. An 4195
employee shall be paid at the employee's regular rate of pay for4196
any hours of compensatory time accrued in excess of these maximum4197
amounts if the employee has not used the compensatory time within4198
one hundred eighty days after it is granted, if the employee4199
transfers to another agency of the state, or if a change in the4200
employee's status exempts the employee from the payment of4201
overtime compensation. Upon the termination of employment, any 4202
employee with accrued but unused compensatory time shall be paid 4203
for that time at a rate that is the greater of the employee's 4204
final regular rate of pay or the employee's average regular rate 4205
of pay during the employee's last three years of employment with4206
the state.4207

       No overtime, as described in this section, can be paid unless 4208
it has been authorized by the authorized administrative authority. 4209
Employees may be exempted from the payment of compensation as 4210
required by this section only under the criteria for exemption 4211
from the payment of overtime compensation established in the 4212
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 4213
U.S.C.A. 207, 213, as amended. With the approval of the director 4214
of administrative services, the appointing authority may establish 4215
a policy to grant compensatory time or to pay compensation to 4216
state employees who are exempt from overtime compensation. With 4217
the approval of the board of county commissioners, a county human 4218
services department may establish a policy to grant compensatory4219
time or to pay compensation to employees of the department who are 4220
exempt from overtime compensation.4221

       (B) An employee, whose salary or wage is paid in whole or in4222
part by the state, shall be paid for the holidays declared in4223
section 124.19 of the Revised Code and shall not be required to4224
work on those holidays, unless, in the opinion of the employee's4225
responsible administrative authority, failure to work on those4226
holidays would impair the public service. An employee paid 4227
directly by warrant of the auditor of statedirector of budget and 4228
management who is scheduled to work on a holiday and who does not 4229
report to work due to an illness of the employee or of a member of4230
the employee's immediate family shall not receive holiday pay as 4231
provided by this division. An employee also shall not be paid for 4232
a holiday unless the employee was in active pay status on the 4233
scheduled work day immediately preceding the holiday. 4234

       If any of the holidays declared in section 124.19 of the 4235
Revised Code falls on Saturday, the Friday immediately preceding4236
shall be observed as the holiday. If any of the holidays declared 4237
in section 124.19 of the Revised Code falls on Sunday, the Monday 4238
immediately succeeding shall be observed as the holiday. Employees 4239
whose work schedules are based on the requirements of a 4240
seven-days-a-week work operation shall observe holidays on the 4241
actual days specified in section 124.19 of the Revised Code.4242

       If an employee's work schedule is other than Monday through 4243
Friday, the employee shall be entitled to holiday pay for holidays 4244
observed on the employee's day off regardless of the day of the4245
week on which they are observed. A full-time permanent employee is 4246
entitled to eight hours of pay for each holiday regardless of the 4247
employee's work shift and work schedule. A flexible-hours employee 4248
is entitled to holiday pay for the number of hours for which the4249
employee normally would have been scheduled to work. Part-time 4250
permanent employees shall be paid holiday pay for that portion of 4251
any holiday for which they would normally have been scheduled to4252
work. When an employee who is eligible for overtime pay under this 4253
section is required by the employee's responsible administrative4254
authority to work on the day observed as a holiday, the employee 4255
shall be entitled to pay for such time worked at one and one-half 4256
times the employee's regular rate of pay in addition to the4257
employee's regular pay, or to be granted compensatory time off at 4258
time and one-half thereafter, at the employee's option. Payment at 4259
such rate shall be excluded in the calculation of hours in active 4260
pay status.4261

       (C) Each appointing authority may designate the number of4262
employees in an agency who are flexible-hours employees. The4263
appointing authority may establish for each flexible-hours4264
employee a specified minimum number of hours to be worked each day 4265
that is consistent with the "Federal Fair Labor Standards Act of 4266
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.4267

       (D) This section shall be uniformly administered for 4268
employees as defined in section 124.01 of the Revised Code and by 4269
the personnel departments of state-supported colleges and 4270
universities for employees of state-supported colleges and 4271
universities. If employees are not paid directly by warrant of the 4272
auditor of statedirector of budget and management, the political4273
subdivision shall determine whether the use of sick leave shall be 4274
considered to be active pay status for purposes of those employees 4275
earning overtime or compensatory time.4276

       (E) Policies relating to the payment of overtime pay or the4277
granting of compensatory time off shall be adopted by the chief 4278
administrative officer of the house of representatives for 4279
employees of the house of representatives, by the clerk of the 4280
senate for employees of the senate, and by the director of the 4281
legislative service commission for all other legislative 4282
employees.4283

       (F) As used in this section, "regular rate of pay" means the4284
base rate of pay an employee receives plus any pay supplements4285
received pursuant to section 124.181 of the Revised Code.4286

       Sec. 124.181.  (A) Except as provided in division (M) of this 4287
section, any employee paid in accordance with schedule B of4288
section 124.15 or schedule E-1 or schedule E-1 for step seven only 4289
of section 124.152 of the Revised Code is eligible for the pay 4290
supplements provided in this section upon application by the 4291
appointing authority substantiating the employee's qualifications 4292
for the supplement and with the approval of the director of 4293
administrative services except as provided in division (E) of this 4294
section.4295

       (B)(1) Except as provided in section 124.183 of the Revised 4296
Code, in computing any of the pay supplements provided in this 4297
section for an employee paid in accordance with schedule B of 4298
section 124.15 of the Revised Code, the classification salary base 4299
shall be the minimum hourly rate of the pay range, provided in 4300
that section, in which the employee is assigned at the time of 4301
computation.4302

       (2) Except as provided in section 124.183 of the Revised 4303
Code, in computing any of the pay supplements provided in this 4304
section for an employee paid in accordance with schedule E-1 of 4305
section 124.152 of the Revised Code, the classification salary 4306
base shall be the minimum hourly rate of the pay range, provided 4307
in that section, in which the employee is assigned at the time of 4308
computation.4309

       (3) Except as provided in section 124.183 of the Revised 4310
Code, in computing any of the pay supplements provided in this 4311
section for an employee paid in accordance with schedule E-1 for 4312
step seven only of section 124.152 of the Revised Code, the 4313
classification salary base shall be the minimum hourly rate in the 4314
corresponding pay range, provided in schedule E-1 of that section, 4315
to which the employee is assigned at the time of the computation.4316

       (C) The effective date of any pay supplement, except as 4317
provided in section 124.183 of the Revised Code or unless4318
otherwise provided in this section, shall be determined by the 4319
director.4320

       (D) The director shall, by rule, establish standards4321
regarding the administration of this section.4322

       (E)(1) Except as otherwise provided in this division,4323
beginning on the first day of the pay period within which the4324
employee completes five years of total service with the state4325
government or any of its political subdivisions, each employee in4326
positions paid in accordance with schedule B of section 124.15 of 4327
the Revised Code or in accordance with schedule E-1 or schedule 4328
E-1 for step seven only of section 124.152 of the Revised Code 4329
shall receive an automatic salary adjustment equivalent to two and 4330
one-half per cent of the classification salary base, to the 4331
nearest whole cent. Each employee shall receive thereafter an 4332
annual adjustment equivalent to one-half of one per cent of the 4333
employee's classification salary base, to the nearest whole cent, 4334
for each additional year of qualified employment until a maximum 4335
of ten per cent of the employee's classification salary base is4336
reached. The granting of longevity adjustments shall not be4337
affected by promotion, demotion, or other changes in4338
classification held by the employee, nor by any change in pay4339
range for the employee's class or grade. Longevity pay adjustments4340
shall become effective at the beginning of the pay period within 4341
which the employee completes the necessary length of service,4342
except that when an employee requests credit for prior service, 4343
the effective date of the prior service credit and of any 4344
longevity adjustment shall be the first day of the pay period4345
following approval of the credit by the director of administrative 4346
services. No employee, other than an employee who submits proof of 4347
prior service within ninety days after the date of the employee's 4348
hiring, shall receive any longevity adjustment for the period 4349
prior to the director's approval of a prior service credit. Time 4350
spent on authorized leave of absence shall be counted for this 4351
purpose.4352

       (2) An employee who has retired in accordance with the4353
provisions of any retirement system offered by the state and who4354
is employed by the state or any political subdivision of the state 4355
on or after June 24, 1987, shall not have prior service with the 4356
state or any political subdivision of the state counted for the 4357
purpose of determining the amount of the salary adjustment 4358
provided under this division.4359

       (3) There shall be a moratorium on employees' receipt under 4360
this division of credit for service with the state government or 4361
any of its political subdivisions during the period from July 1, 4362
2003, through June 30, 2005. In calculating the number of years of 4363
total service under this division, no credit shall be included for 4364
service during the moratorium. The moratorium shall apply to the 4365
employees of the secretary of state, the auditor of state, the 4366
treasurer of state, and the attorney general, who are subject to 4367
this section unless the secretary of state, the auditor of state, 4368
the treasurer of state, or the attorney general decides to exempt 4369
the office's employees from the moratorium and so notifies the 4370
director of administrative services in writing on or before July 4371
1, 2003.4372

        If an employee is exempt from the moratorium, receives credit 4373
for a period of service during the moratorium, and takes a 4374
position with another entity in the state government or any of its 4375
political subdivisions, either during or after the moratorium, and 4376
if that entity's employees are or were subject to the moratorium, 4377
the employee shall continue to retain the credit. However, if the 4378
moratorium is in effect upon the taking of the new position, the 4379
employee shall cease receiving additional credit as long as the 4380
employee is in the position, until the moratorium expires.4381

       (F) When an exceptional condition exists that creates a4382
temporary or a permanent hazard for one or more positions in a4383
class paid in accordance with schedule B of section 124.15 of the 4384
Revised Code or in accordance with schedule E-1 or schedule E-1 4385
for step seven only of section 124.152 of the Revised Code, a4386
special hazard salary adjustment may be granted for the time the4387
employee is subjected to the hazardous condition. All special4388
hazard conditions shall be identified for each position and4389
incidence from information submitted to the director on an4390
appropriate form provided by the director and categorized into4391
standard conditions of: some unusual hazard not common to the4392
class; considerable unusual hazard not common to the class; and4393
exceptional hazard not common to the class.4394

       (1) A hazardous salary adjustment of five per cent of the4395
employee's classification salary base may be applied in the case4396
of some unusual hazardous condition not common to the class for4397
those hours worked, or a fraction of those hours worked, while the 4398
employee was subject to the unusual hazard condition.4399

       (2) A hazardous salary adjustment of seven and one-half per 4400
cent of the employee's classification salary base may be applied 4401
in the case of some considerable hazardous condition not common to 4402
the class for those hours worked, or a fraction of those hours 4403
worked, while the employee was subject to the considerable hazard 4404
condition.4405

       (3) A hazardous salary adjustment of ten per cent of the4406
employee's classification salary base may be applied in the case4407
of some exceptional hazardous condition not common to the class4408
for those hours worked, or a fraction of those hours worked, when 4409
the employee was subject to the exceptional hazard condition.4410

       (4) Each claim for temporary hazard pay shall be submitted as 4411
a separate payment and shall be subject to an administrative audit 4412
by the director as to the extent and duration of the employee's 4413
exposure to the hazardous condition.4414

       (G) When a full-time employee whose salary or wage is paid4415
directly by warrant of the auditor of statedirector of budget and 4416
management and who also is eligible for overtime under the "Fair 4417
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, 4418
as amended, is ordered by the appointing authority to report back 4419
to work after termination of the employee's regular work schedule 4420
and the employee reports, the employee shall be paid for such 4421
time. The employee shall be entitled to four hours at the 4422
employee's total rate of pay or overtime compensation for the 4423
actual hours worked, whichever is greater. This division does not 4424
apply to work that is a continuation of or immediately preceding 4425
an employee's regular work schedule.4426

       (H) When a certain position or positions paid in accordance 4427
with schedule B of section 124.15 of the Revised Code or in 4428
accordance with schedule E-1 or schedule E-1 for step seven only 4429
of section 124.152 of the Revised Code require the ability to 4430
speak or write a language other than English, a special pay 4431
supplement may be granted to attract bilingual individuals, to 4432
encourage present employees to become proficient in other 4433
languages, or to retain qualified bilingual employees. The 4434
bilingual pay supplement provided in this division may be granted 4435
in the amount of five per cent of the employee's classification 4436
salary base for each required foreign language and shall remain in 4437
effect as long as the bilingual requirement exists.4438

       (I) The director of administrative services may establish a 4439
shift differential for employees. The differential shall be paid 4440
to employees in positions working in other than the regular or 4441
first shift. In those divisions or agencies where only one shift 4442
prevails, no shift differential shall be paid regardless of the 4443
hours of the day that are worked. The director and the appointing 4444
authority shall designate which positions shall be covered by this4445
division.4446

       (J) Whenever an employee is assigned to work in a higher4447
level position for a continuous period of more than two weeks but4448
no more than two years because of a vacancy, the employee's pay 4449
may be established at a rate that is approximately four per cent 4450
above the employee's current base rate for the period the employee 4451
occupies the position, provided that this temporary occupancy is4452
approved by the director. Employees paid under this division shall 4453
continue to receive any of the pay supplements due them under4454
other divisions of this section based on the step one base rate 4455
for their normal classification.4456

       (K) If a certain position, or positions, within a class paid 4457
in accordance with schedule B of section 124.15 of the Revised 4458
Code or in accordance with schedule E-1 or schedule E-1 for step 4459
seven only of section 124.152 of the Revised Code are mandated by 4460
state or federal law or regulation or other regulatory agency or 4461
other certification authority to have special technical 4462
certification, registration, or licensing to perform the functions 4463
which are under the mandate, a special professional achievement 4464
pay supplement may be granted. This special professional 4465
achievement pay supplement shall not be granted when all 4466
incumbents in all positions in a class require a license as 4467
provided in the classification description published by the 4468
department of administrative services; to licensees where no 4469
special or extensive training is required; when certification is 4470
granted upon completion of a stipulated term of in-service4471
training; when an appointing authority has required certification; 4472
or any other condition prescribed by the director.4473

       (1) Before this supplement may be applied, evidence as to the 4474
requirement must be provided by the agency for each position4475
involved, and certification must be received from the director as 4476
to the director's concurrence for each of the positions so 4477
affected.4478

       (2) The professional achievement pay supplement provided in 4479
this division shall be granted in an amount up to ten per cent of 4480
the employee's classification salary base and shall remain in 4481
effect as long as the mandate exists.4482

       (L) Those employees assigned to teaching supervisory,4483
principal, assistant principal, or superintendent positions who4484
have attained a higher educational level than a basic bachelor's4485
degree may receive an educational pay supplement to remain in4486
effect as long as the employee's assignment and classification4487
remain the same.4488

       (1) An educational pay supplement of two and one-half per4489
cent of the employee's classification salary base may be applied4490
upon the achievement of a bachelor's degree plus twenty quarter4491
hours of postgraduate work.4492

       (2) An educational pay supplement of an additional five per 4493
cent of the employee's classification salary base may be applied 4494
upon achievement of a master's degree.4495

       (3) An educational pay supplement of an additional two and4496
one-half per cent of the employee's classification salary base may 4497
be applied upon achievement of a master's degree plus thirty4498
quarter hours of postgraduate work.4499

       (4) An educational pay supplement of five per cent of the4500
employee's classification salary base may be applied when the4501
employee is performing as a master teacher.4502

       (5) An educational pay supplement of five per cent of the4503
employee's classification salary base may be applied when the4504
employee is performing as a special education teacher.4505

       (6) Those employees in teaching supervisory, principal,4506
assistant principal, or superintendent positions who are4507
responsible for specific extracurricular activity programs shall4508
receive overtime pay for those hours worked in excess of their4509
normal schedule, at their straight time hourly rate up to a4510
maximum of five per cent of their regular base salary in any4511
calendar year.4512

       (M)(1) A state agency, board, or commission may establish a4513
supplementary compensation schedule for those licensed physicians4514
employed by the agency, board, or commission in positions4515
requiring a licensed physician. The supplementary compensation4516
schedule, together with the compensation otherwise authorized by4517
this chapter, shall provide for the total compensation for these4518
employees to range appropriately, but not necessarily uniformly,4519
for each classification title requiring a licensed physician, in4520
accordance with a schedule approved by the state controlling4521
board. The individual salary levels recommended for each such4522
physician employed shall be approved by the director. 4523
Notwithstanding section 124.11 of the Revised Code, such personnel 4524
are in the unclassified civil service.4525

       (2) The director of administrative services may approve4526
supplementary compensation for the director of health, if the 4527
director is a licensed physician, in accordance with a 4528
supplementary compensation schedule approved under division (M)(1) 4529
of this section or in accordance with another supplementary 4530
compensation schedule the director of administrative services 4531
considers appropriate. The supplementary compensation shall not4532
exceed twenty per cent of the director of health's base rate of 4533
pay.4534

       (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,4535
117.42, and 131.02 of the Revised Code, the state shall not 4536
institute any civil action to recover and shall not seek 4537
reimbursement for overpayments made in violation of division (E) 4538
of this section or division (C) of section 9.44 of the Revised4539
Code for the period starting after June 24, 1987, and ending on 4540
October 31, 1993.4541

       (O) Employees of the office of the treasurer of state who are4542
exempt from collective bargaining coverage may be granted a merit 4543
pay supplement of up to one and one-half per cent of their step 4544
rate. The rate at which this supplement is granted shall be based 4545
on performance standards established by the treasurer of state. 4546
Any supplements granted under this division shall be administered 4547
on an annual basis.4548

       Sec. 124.182.  (A) There is hereby created in the state 4549
treasury the professional development fund. The director of 4550
administrative services shall use moneys credited to the fund to 4551
pay for programs that provide professional development 4552
opportunities for employees who are exempt from collective4553
bargaining coverage and paid by warrant of the auditor of state4554
director of budget and management. The director of administrative 4555
services shall identify by rule adopted under Chapter 119. of the 4556
Revised Code programs for which payments from the fund shall be 4557
made. The fund also shall be used to pay any direct and indirect4558
costs that are attributable to consultants or a third-party 4559
administrator and that are necessary to administer this section. 4560
All investment earnings of the fund shall be credited to it.4561

       (B) The director of administrative services, in consultation 4562
with the director of budget and management, shall determine a rate 4563
at which the payrolls of all participating state agencies with 4564
employees paid by warrant of the auditor of statedirector of 4565
budget and management shall be charged each pay period that is 4566
sufficient to cover the costs of administering the programs paid 4567
for with the moneys credited to the professional development fund. 4568
The rate shall be based on the total number of those employees and 4569
may be adjusted as the director of administrative services, in 4570
consultation with the director of budget and management, considers 4571
necessary. All moneys collected from the charge shall be credited 4572
to the professional development fund.4573

       (C) If the director of administrative services determines 4574
that additional appropriation amounts are necessary, the director 4575
may request that the director of budget and management increase 4576
the appropriation amounts. The additional appropriation amounts 4577
are hereby appropriated.4578

       Sec. 124.321.  (A) Whenever it becomes necessary for an4579
appointing authority to reduce its work force, the appointing4580
authority shall lay off employees or abolish their positions in4581
accordance with sections 124.321 to 124.327 of the Revised Code4582
and the rules of the director of administrative services.4583

       (B)(1) Employees may be laid off as a result of a lack of4584
funds within an appointing authority. For appointing authorities 4585
that employ persons whose salary or wage is paid by warrant of the 4586
auditor of statedirector of budget and management, the director 4587
of budget and management shall be responsible for determining 4588
whether a lack of funds exists. For appointing authorities that 4589
employ persons whose salary or wage is paid other than by warrant 4590
of the auditor of statedirector of budget and management, the 4591
appointing authority itself shall determine whether a lack of 4592
funds exists and shall file a statement of rationale and4593
supporting documentation with the director of administrative4594
services prior to sending the layoff notice.4595

        (2) As used in this division, a "lack of funds" means an 4596
appointing authority has a current or projected deficiency of 4597
funding to maintain current, or to sustain projected, levels of 4598
staffing and operations. This section does not require any 4599
transfer of money between funds in order to offset a deficiency or 4600
projected deficiency of federal funding for a program.4601

       (3) The director of budget and management shall adopt rules, 4602
under Chapter 119. of the Revised Code, for agencies whose4603
employees are paid by warrant of the auditor of statedirector of 4604
budget and management, for determining whether a lack of funds 4605
exists.4606

       (C)(1) Employees may be laid off as a result of lack of work4607
within an appointing authority. For appointing authorities whose4608
employees are paid by warrant of the auditor of statedirector of 4609
budget and management, the director of administrative services 4610
shall determine whether a lack of work exists. All other 4611
appointing authorities shall themselves determine whether a lack 4612
of work exists and shall file a statement of rationale and 4613
supporting documentation with the director of administrative 4614
services prior to sending the layoff notice.4615

        (2) As used in this division, a "lack of work" means an 4616
appointing authority has a current or projected temporary decrease 4617
in the workload, expected to last less than one year, that 4618
requires a reduction of current or projected staffing levels. The4619
determination of a lack of work shall indicate the current or4620
projected temporary decrease in the workload of an appointing4621
authority and whether the current or projected staffing levels of4622
the appointing authority will be excessive.4623

       (D)(1) Employees may be laid off as a result of abolishment4624
of positions. As used in this division, "abolishment" means the 4625
deletion of a position or positions from the organization or 4626
structure of an appointing authority.4627

       For purposes of this division, an appointing authority may 4628
abolish positions for any one or any combination of the following 4629
reasons: as a result of a reorganization for the efficient 4630
operation of the appointing authority, for reasons of economy, or 4631
for lack of work.4632

        (2)(a) Reasons of economy permitting an appointing authority 4633
to abolish a position and to lay off the holder of that position 4634
under this division shall be determined at the time the appointing 4635
authority proposes to abolish the position. The reasons of economy 4636
shall be based on the appointing authority's estimated amount of 4637
savings with respect to salary, benefits, and other matters 4638
associated with the abolishment of the position, except that the 4639
reasons of economy associated with the position's abolishment 4640
instead may be based on the appointing authority's estimated 4641
amount of savings with respect to salary and benefits only, if:4642

        (i) Either the appointing authority's operating appropriation 4643
has been reduced by an executive or legislative action, or the 4644
appointing authority has a current or projected deficiency in 4645
funding to maintain current or projected levels of staffing and 4646
operations; and4647

        (ii) It files a notice of the position's abolishment with the 4648
director of administrative services within one year of the 4649
occurrence of the applicable circumstance described in division 4650
(D)(2)(a)(i) of this section.4651

        (b) The following principles apply when a circumstance 4652
described in division (D)(2)(a)(i) of this section would serve to 4653
authorize an appointing authority to abolish a position and to lay 4654
off the holder of the position under this division based on the 4655
appointing authority's estimated amount of savings with respect to 4656
salary and benefits only:4657

       (i) The position's abolishment shall be done in good faith 4658
and not as a subterfuge for discipline.4659

       (ii) If a circumstance affects a specific program only, the 4660
appointing authority only may abolish a position within that 4661
program.4662

        (iii) If a circumstance does not affect a specific program 4663
only, the appointing authority may identify a position that it 4664
considers appropriate for abolishment based on the reasons of 4665
economy.4666

        (3) Each appointing authority shall determine itself whether 4667
any position should be abolished and shall file a statement of 4668
rationale and supporting documentation with the director of 4669
administrative services prior to sending the notice of 4670
abolishment.4671

       If an abolishment results in a reduction of the work force, 4672
the appointing authority shall follow the procedures for laying 4673
off employees, subject to the following modifications:4674

       (a) The employee whose position has been abolished shall have 4675
the right to fill an available vacancy within the employee's4676
classification.4677

       (b) If the employee whose position has been abolished has4678
more retention points than any other employee serving in the same4679
classification, the employee with the fewest retention points 4680
shall be displaced.4681

       (c) If the employee whose position has been abolished has the 4682
fewest retention points in the classification, the employee shall 4683
have the right to fill an available vacancy in a lower4684
classification in the classification series.4685

       (d) If the employee whose position has been abolished has the 4686
fewest retention points in the classification, the employee shall 4687
displace the employee with the fewest retention points in the next 4688
or successively lower classification in the classification series.4689

       (E) The director of administrative services shall adopt rules 4690
under Chapter 119. of the Revised Code for the determination of 4691
lack of work within an appointing authority, for the abolishment 4692
of positions by an appointing authority, and for the 4693
implementation of this section.4694

       Sec. 124.327.  (A) Employees who have been laid off or have,4695
by virtue of exercising their displacementsdisplacement rights, 4696
been displaced to a lower classification in their classification4697
series, shall be placed on appropriate layoff lists. Those4698
employees with the most retention points within each category of4699
order of layoff, as established in section 124.323 of the Revised4700
Code, shall be placed at the top of the layoff list to be followed 4701
by employees ranked in descending total retention order. Laid-off 4702
employees shall be placed on layoff lists for each classification 4703
in the classification series equal to or lower than the 4704
classification in which the employee was employed at the time of 4705
layoff.4706

       (B) An employee who is laid off retains reinstatement rights4707
in the agency from which the employee was laid off. Reinstatement4708
rights continue for one year from the date of layoff. During this4709
one-year period, in any layoff jurisdiction in which an appointing4710
authority has an employee on a layoff list, the appointing4711
authority shall not hire or promote anyone into a position within4712
that classification until all laid-off persons on a layoff list4713
for that classification who are qualified to perform the duties of4714
the position are reinstated or decline the position when it is4715
offered.4716

       (C) Each laid-off or displaced employee, in addition to4717
reinstatement rights within the employee's appointing authority,4718
shall have the right to reemployment with other agencies within4719
the layoff jurisdiction, if the employee is qualified to perform4720
the duties of the position, but only in the same classification4721
from which the employee was initially laid off or displaced.4722
Layoff lists for each appointing authority must be exhausted4723
before jurisdictional reemployment layoff lists are used.4724

       (D) Any employee accepting or declining reinstatement to the4725
same classification and same appointment type from which the4726
employee was laid off or displaced shall be removed from the4727
appointing authority's layoff list.4728

       (E) Any employee accepting or declining reemployment to the4729
same classification and the same appointment type from which the4730
employee was laid off or displaced shall be removed from the4731
jurisdictional layoff list.4732

       (F) An employee who does not exercise the option to displace4733
under section 124.324 of the Revised Code shall only be entitled4734
to reinstatement or reemployment in the classification from which4735
the employee was displaced or laid off.4736

       (G) An employee who declines reinstatement to a4737
classification lower in the classification series than the4738
classification from which the employee was laid off or displaced,4739
shall thereafter only be entitled to reinstatement to a4740
classification higher, up to and including the classification from4741
which the employee was laid off or displaced, in the4742
classification series than the classification that was declined.4743

       (H) Any employee reinstated or reemployed under this section4744
shall not serve a probationary period upon reinstatement or4745
reemployment except that an employee laid off during an original4746
or promotional probationary period shall begin a new probationary4747
period.4748

       (I) For the purposes of this section, employees whose salary4749
or wage is not paid directly by warrant of the auditor of state4750
director of budget and management shall be placed on layoff lists 4751
of their appointing authority only.4752

       Sec. 124.382.  (A) As used in this section and sections4753
124.383, 124.386, 124.387, and 124.388 of the Revised Code:4754

       (1) "Base pay period" means the pay period that includes the 4755
first day of December.4756

       (2) "Pay period" means the fourteen-day period of time during 4757
which the payroll is accumulated, as determined by the director of 4758
administrative services.4759

       (3) "Active pay status" means the conditions under which an 4760
employee is eligible to receive pay, and includes, but is not4761
limited to, vacation leave, sick leave, personal leave,4762
bereavement leave, and administrative leave.4763

       (4) "No pay status" means the conditions under which an4764
employee is ineligible to receive pay and includes, but is not4765
limited to, leave without pay, leave of absence, and disability4766
leave.4767

       (5) "Disability leave" means the leave granted pursuant to4768
section 124.385 of the Revised Code.4769

       (6) "Full-time permanent employee" means an employee whose4770
regular hours of duty total eighty hours in a pay period in a4771
state agency and whose appointment is not for a limited period of 4772
time.4773

       (7) "Base rate of pay" means the rate of pay established4774
under schedule B or C of section 124.15 of the Revised Code or 4775
under schedule E-1, schedule E-1 for step seven only, or schedule 4776
E-2 of section 124.152 of the Revised Code, plus any supplement 4777
provided under section 124.181 of the Revised Code, plus any 4778
supplements enacted into law which are added to schedule B or C of 4779
section 124.15 of the Revised Code or to schedule E-1, schedule 4780
E-1 for step seven only, or schedule E-2 of section 124.152 of the 4781
Revised Code.4782

       (8) "Part-time permanent employee" means an employee whose4783
regular hours of duty total less than eighty hours in a pay period 4784
in a state agency and whose appointment is not for a limited 4785
period of time.4786

       (B) Each full-time permanent and part-time permanent employee 4787
whose salary or wage is paid directly by warrant of the auditor of 4788
statedirector of budget and management shall be credited with 4789
sick leave of three and one-tenth hours for each completed eighty 4790
hours of service, excluding overtime hours worked.4791

       (C) Any sick leave credit provided pursuant to division (B) 4792
of this section, remaining as of the last day of the pay period 4793
preceding the next succeeding base pay period, shall be converted 4794
pursuant to section 124.383 of the Revised Code.4795

       (D) Employees may use sick leave, provided a credit balance 4796
is available, upon approval of the responsible administrative 4797
officer of the employing unit, for absence due to personal 4798
illness, pregnancy, injury, exposure to contagious disease that 4799
could be communicated to other employees, and illness, injury, or 4800
death in the employee's immediate family. When sick leave is 4801
used, it shall be deducted from the employee's credit on the basis 4802
of absence from previously scheduled work in such increments of an 4803
hour and at such a compensation rate as the director of 4804
administrative services determines. The appointing authority of 4805
each employing unit may require an employee to furnish a4806
satisfactory, signed statement to justify the use of sick leave.4807

       If, after having utilized the credit provided by this4808
section, an employee utilizes sick leave that was accumulated4809
prior to November 15, 1981, compensation for such sick leave used4810
shall be at a rate as the director determines.4811

       (E)(1) The previously accumulated sick leave balance of an4812
employee who has been separated from the public service, for which 4813
separation payments pursuant to section 124.384 of the Revised 4814
Code have not been made, shall be placed to the employee's credit 4815
upon the employee's reemployment in the public service, if the 4816
reemployment takes place within ten years of the date on which the 4817
employee was last terminated from public service.4818

       (2) The previously accumulated sick leave balance of an4819
employee who has separated from a school district shall be placed4820
to the employee's credit upon the employee's appointment as an 4821
unclassified employee of the state department of education, if all 4822
of the following apply:4823

       (a) The employee accumulated the sick leave balance while4824
employed by the school district.4825

       (b) The employee did not receive any separation payments for4826
the sick leave balance.4827

       (c) The employee's employment with the department takes place 4828
within ten years after the date on which the employee separated 4829
from the school district.4830

       (F) An employee who transfers from one public agency to4831
another shall be credited with the unused balance of the4832
employee's accumulated sick leave.4833

       (G) The director of administrative services shall establish 4834
procedures to uniformly administer this section. No sick leave may 4835
be granted to a state employee upon or after the employee's 4836
retirement or termination of employment.4837

       Sec. 124.384.  (A) Except as otherwise provided in this4838
section, employees whose salaries or wages are paid by warrant of4839
the auditor of statedirector of budget and management and who 4840
have accumulated sick leave under section 124.38 or 124.382 of the 4841
Revised Code shall be paid for a percentage of their accumulated 4842
balances, upon separation for any reason, including death but 4843
excluding retirement, at their last base rate of pay at the rate 4844
of one hour of pay for every two hours of accumulated balances. An 4845
employee who retires in accordance with any retirement plan 4846
offered by the state shall be paid upon retirement for each hour 4847
of the employee's accumulated sick leave balance at a rate of 4848
fifty-five per cent of the employee's last base rate of pay.4849

       An employee serving in a temporary work level or an interim4850
appointment who elects to convert unused sick leave to cash shall 4851
do so at the base rate of pay of the employee's normal 4852
classification. If an employee dies, the employee's unused sick 4853
leave shall be paid in accordance with section 2113.04 of the 4854
Revised Code or to the employee's estate.4855

       In order to be eligible for the payment authorized by this4856
section, an employee shall have at least one year of state service 4857
and shall request all or a portion of such payment no later than 4858
three years after separation from state service. No person is 4859
eligible to receive all or a portion of the payment authorized by 4860
this section at any time later than three years after the person's 4861
separation from state service.4862

       (B) Except as otherwise provided in this division, a person4863
initially employed on or after July 5, 1987, by a state agency in4864
which the employees' salaries or wages are paid directly by4865
warrant of the auditor of statedirector of budget and management4866
shall receive payment under this section only for sick leave 4867
accumulated while employed by state agencies in which the 4868
employees' salaries