As Passed by the Senate

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 

Senators Carey, Harris, Spada 



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, 124.134, 124.135, 5
124.137, 124.138, 124.139, 124.14, 124.151, 6
124.152, 124.18, 124.181, 124.182, 124.321, 7
124.324, 124.327, 124.382, 124.384, 124.386, 8
124.387, 124.389, 124.391, 124.82, 124.821, 9
124.823, 124.84, 124.87, 125.21, 126.07, 126.21, 10
126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 11
133.06, 133.12, 133.18, 141.08, 141.10, 145.70, 12
173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 13
340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 14
927.42, 955.011, 955.16, 955.43, 1309.102, 15
1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 16
1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 17
1901.33, 2151.357, 2152.44, 2305.2341, 2503.20, 18
2913.01, 2913.02, 2921.321, 2923.46, 2925.44, 19
2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 20
3309.68, 3310.03, 3310.06, 3310.08, 3310.16, 21
3311.057, 3313.29, 3313.372, 3313.61, 3313.64, 22
3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 23
3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 24
3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 25
3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 26
3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 27
3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 28
3323.20, 3353.02, 3354.10, 3357.10, 3358.06, 29
3362.01, 3365.02, 3375.121, 3381.15, 3381.17, 30
3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 31
3718.02, 3734.57, 3735.67, 3745.114, 3769.087, 32
3901.383, 3901.3814, 3905.43, 3917.04, 4109.01, 33
4109.02, 4109.06, 4117.01, 4123.444, 4301.01, 34
4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 35
4731.281, 4781.04, 4905.79, 5101.93, 5111.011, 36
5111.0112, 5111.061, 5111.081, 5111.11, 5111.151, 37
5111.161, 5111.162, 5111.20, 5111.222, 5111.231, 38
5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 39
5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 40
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 41
5123.36, 5139.50, 5505.27, 5531.10, 5577.99, 42
5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 43
5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 44
5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 45
5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 46
5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 47
5733.56, 5733.98, 5735.27, 5739.011, 5739.026, 48
5739.211, 5741.031, 5743.025, 5743.03, 5743.04, 49
5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 50
5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 51
5745.01, 5747.01, 5747.012, 5747.05, 5747.056, 52
5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 53
5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 54
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 55
5923.05, and 6121.02; to amend, for the purpose of 56
adopting new section numbers as indicated in 57
parentheses, sections 117.45 (126.35), 117.46 58
(126.36), 117.47 (126.37), 117.48 (126.38), 173.41 59
(173.394), 5101.93 (5111.178), 5111.081 60
(5111.942), 5111.082 (5111.081), 5111.083 61
(5111.082), 5111.084 (5111.083), and 5111.085 62
(5111.084); to enact new sections 3325.12, 63
3365.11, and 5111.18 and sections 124.392, 64
131.022, 173.27, 307.761, 333.01, 333.02, 333.03, 65
333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, 66
3314.18, 3323.143, 3701.046, 3701.79, 4303.207, 67
4503.105, 5111.0116, 5111.0117, 5111.0118, 68
5111.101, 5111.163, 5111.8813, 5111.8814, 69
5111.8815, 5111.8816, 5111.8817, 5111.941, 70
5111.943, 5112.311, 5123.37, 5123.371, 5123.372, 71
5123.373, 5123.374, 5123.375, 5502.261, 5531.101, 72
5701.11, 5705.211, 5725.222, 5725.98, 5729.101, 73
5729.102, 5729.98, 5743.021, 5743.321, 5748.011, 74
and 5919.19; and to repeal sections 124.822, 75
124.92, 3325.12, 3325.17, 3365.11, 4732.04, and 76
5111.18 of the Revised Code; to amend Section 3 of 77
Sub. H.B. 11 of the 126th General Assembly; to 78
amend Sections 203.09, 203.12, 203.12.12, 203.45, 79
203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 80
203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 81
206.09.12, 206.09.15, 206.09.21, 206.09.27, 82
206.09.36, 206.09.39, 206.09.42, 206.09.61, 83
206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, 84
206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 85
206.66.36, 206.66.64, 206.66.66, 206.66.84, 86
206.66.85, 206.66.91, 206.67.15, 206.67.21, 87
206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 88
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 89
209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 90
209.64.60, 209.72, 209.75, 209.78.03, 209.81, 91
209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 92
557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 93
126th General Assembly; to amend Sections 23 and 94
23.01 of Am. Sub. S.B. 189 of the 125th General 95
Assembly; to amend Sections 19.01, 20.01, 22.04, 96
23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th 97
General Assembly, as subsequently amended; to 98
amend Sections 203.06.06 and 203.06.24 of Am. Sub. 99
H.B. 68 of the 126th General Assembly, as 100
subsequently amended; to amend Section 22 of Am. 101
Sub. S.B. 189 of the 125th General Assembly, as 102
subsequently amended; to repeal Section 5 of Am. 103
Sub. S.B. 234 of the 125th General Assembly; and 104
to repeal Sections 315.03 and 557.09.09 of Am. 105
Sub. H.B. 66 of the 126th General Assembly to make 106
capital reappropriations for the biennium ending 107
June 30, 2008, to make certain supplemental and 108
capital appropriations and to provide 109
authorization and conditions for the operation of 110
state programs.111


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, 112
109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 113
117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, 114
122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, 115
124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 116
124.181, 124.182, 124.321, 124.324, 124.327, 124.382, 124.384, 117
124.386, 124.387, 124.389, 124.391, 124.82, 124.821, 124.823, 118
124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, 131.02, 119
131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, 141.10, 120
145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 340.021, 121
742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, 955.16, 122
955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 123
1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 2151.357, 124
2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 2923.46, 125
2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 3309.68, 126
3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, 3313.372, 127
3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 128
3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 129
3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, 130
3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 131
3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3353.02, 132
3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, 3381.15, 133
3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3718.02, 134
3734.57, 3735.67, 3745.114, 3769.087, 3901.383, 3901.3814, 135
3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, 4123.444, 136
4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 4731.281, 137
4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, 5111.061, 138
5111.081, 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, 139
5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 140
5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 141
5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, 142
5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 143
5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 144
5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 145
5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 146
5733.98, 5735.27, 5739.011, 5739.026, 5739.211, 5741.031, 147
5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 148
5743.13, 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, 149
5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 150
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 151
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02 152
be amended; that sections 117.45 (126.35), 117.46 (126.36), 117.47 153
(126.37), 117.48 (126.38), 173.41 (173.394), 5101.93 (5111.178), 154
5111.081 (5111.942), 5111.082 (5111.081), 5111.083 (5111.082), 155
5111.084 (5111.083), and 5111.085 (5111.084) be amended for the 156
purpose of adopting new sections numbers as indicated in 157
parentheses; that new sections 3325.12, 3365.11, and 5111.18 and 158
sections 124.392, 131.022, 173.27, 307.761, 333.01, 333.02, 159
333.03, 333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, 3314.18, 160
3323.143, 3701.046, 3701.79, 4303.207, 4503.105, 5111.0116, 161
5111.0117, 5111.0118, 5111.101, 5111.163, 5111.8813, 5111.8814, 162
5111.8815, 5111.8816, 5111.8817, 5111.941, 5111.943, 5112.311, 163
5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, 164
5502.261, 5531.101, 5701.11, 5705.211, 5725.222, 5725.98, 165
5729.101, 5729.102, 5729.98, 5743.021, 5743.321, 5748.011, and 166
5919.19 of the Revised Code be enacted to read as follows:167

       Sec. 9.41.  The auditor of state, director of budget and168
management, or any fiscal officer of any county, city, city health 169
district, general health district, or city school district170
thereof, or civil service township, shall not draw, sign, issue,171
or authorize the drawing, signing, or issuing of any warrant on172
the treasurer of state or other disbursing officer of the state,173
or the treasurer or other disbursing officer of any county, city,174
or city school district thereof, or civil service township, to pay 175
any salary or other compensation to any officer, clerk, employee, 176
or other person in the classified service unless an estimate, 177
payroll, or account for such salary or compensation containing the 178
name of each person to be paid, bears the certificate of the 179
director of administrative services, or in the case of the service 180
of the city or civil service township, the certificate of the 181
civil service commission of the city or civil service township, or 182
in the case of the service of the county, the certificate of the 183
appointing authority, that the persons named in the estimate, 184
payroll, or account have been appointed, promoted, reduced, 185
suspended, or laid off, or are being employed in pursuance of 186
Chapter 124. of the Revised Code and the rules adopted thereunder.187

       Where estimates, payrolls, or accounts are prepared by188
electronic data processing equipment, the director of189
administrative services or the municipal or civil service township 190
civil service commission may develop methods for controlling the 191
input or verifying the output of such equipment to ensure 192
compliance with Chapter 124. of the Revised Code and the rules 193
adopted thereunder. Any estimates, payrolls, or accounts prepared 194
by these methods shall be subject to special audit at any time.195

       Any sum paid contrary to this section may be recovered from196
any officer making such payment in contravention of law and of the 197
rules made in pursuance of law, or from any officer signing,198
countersigning, or authorizing the signing or countersigning of199
any warrant for the payment of the same, or from the sureties on200
histhe officer's official bond, in an action in the courts of the 201
state, maintained by a citizen resident therein. All moneys 202
recovered in any action brought under this section shall, when 203
collected, be paid into the state treasury or the treasury of the204
appropriate civil division of the state, except that the plaintiff 205
in any action shall be entitled to recover histhe plaintiff's own206
taxable costs of such action.207

       Sec. 9.901.  (A)(1) All health care benefits provided to 208
persons employed by the public schools of this state shall be 209
provided by medical plans designed pursuant to this section by the 210
school employees health care board. The board, in consultation 211
with the superintendent of insurance, shall negotiate with and, in 212
accordance with the competitive selection procedures of Chapter 213
125. of the Revised Code, contract with one or more insurance 214
companies authorized to do business in this state for the issuance 215
of the plans. Any or all of the medical plans designed by the 216
board may be self-insured. All self-insured plans adopted shall be 217
administered by the board in accordance with this section. As used 218
in this section, a "public school" means a school in a city, 219
local, exempted village, or joint vocational school district, and 220
includes the educational service centers associated with those 221
schools.222

       (2) Prior to soliciting proposals from insurance companies 223
for the issuance of medical plans, the board shall determine what 224
geographic regions exist in the state based on the availability of 225
providers, networks, costs, and other factors relating to 226
providing health care benefits. The board shall then determine 227
what medical plans are offered by school districts and existing 228
consortiums in the state. The board shall determine what medical 229
plan offered by a school district or existing consortium in the 230
region offers the lowest premium cost plan.231

       (3) The board shall develop a request for proposals and 232
solicit bids for medical plans for the school districts in a 233
region similar to the existing plans. The board shall also 234
determine the benefits offered by existing medical plans, the 235
employees' costs, and the cost-sharing arrangements used by public 236
schools participating in a consortium. The board shall determine 237
what strategies are used by the existing medical plans to manage 238
health care costs and shall study the potential benefits of state 239
or regional consortiums of public schools offering multiple health 240
care plans.241

       (4) As used in this section, a "medical plan" includes group 242
policies, contracts, and agreements that provide hospital, 243
surgical, or medical expense coverage, including self-insured 244
plans. A "medical plan" does not include an individual plan 245
offered to the employees of a public school, or a plan that 246
provides coverage only for specific disease or accidents, or a 247
hospital indemnity, medicare supplement, or other plan that 248
provides only supplemental benefits, paid for by the employees of 249
a public school.250

       (B) The school employees health care board is hereby created. 251
The school employees health care board shall consist of the 252
following nine members and shall include individuals with 253
experience with public school benefit programs, health care 254
industry providers, and medical plan beneficiaries:255

       (1) Three members appointed by the governor;256

       (2) Three members appointed by the president of the senate;257

       (3) Three members appointed by the speaker of the house of 258
representatives.259

       A member of the school employees health care board shall not 260
be employed by, represent, or in any way be affiliated with a 261
private entity that is providing services to the board, an 262
individual school district, employers, or employees in the state 263
of Ohio.264

       (C)(1) Members of the school employees health care board 265
shall serve four-year terms; however, one of each of the initial 266
members appointed under divisions (B)(1) to (3) of this section 267
shall be appointed to a term of one year. The initial appointments 268
under this section shall be made within forty-five days after the 269
effective date of this sectionSeptember 29, 2005.270

       Members' terms shall end on the same day of the same month as 271
the effective date of this sectiontwenty-ninth day of September, 272
but a member shall continue to serve subsequent to the expiration 273
of the member's term until a successor is appointed. Any vacancy 274
occurring during a member's term shall be filled in the same 275
manner as the original appointment, except that the person 276
appointed to fill the vacancy shall be appointed to the remainder 277
of the unexpired term.278

       (2) Members shall serve without compensation but shall be 279
reimbursed from the school employees health care fund for actual 280
and necessary expenses incurred in the performance of their 281
official duties as members of the board.282

       (3) Members may be removed by their appointing authority for 283
misfeasance, malfeasance, incompetence, dereliction of duty, or 284
other just cause.285

       (D)(1) The governor shall call the first meeting of the 286
school employees health care board. At that meeting, and annually 287
thereafter, the board shall elect a chairperson and may elect 288
members to other positions on the board as the board considers 289
necessary or appropriate. The board shall meet at least four times 290
each calendar year and shall also meet at the call of the 291
chairperson or three or more board members. The chairperson shall 292
provide reasonable advance notice of the time and place of board 293
meetings to all members.294

       (2) A majority of the board constitutes a quorum for the 295
transaction of business at a board meeting. A majority vote of the 296
members present is necessary for official action.297

       (E) The school employees health care board shall conduct its 298
business at open meetings; however, the records of the board are 299
not public records for purposes of section 149.43 of the Revised 300
Code.301

       (F) The school employees health care fund is hereby created 302
in the state treasury. The public schools shall pay all school 303
employees health care board plan premiums in the manner prescribed 304
by the school employees health care board to the board for deposit 305
into the school employees health care fund. All funds in the 306
school employees health care fund shall be used solely for the 307
provision of health care benefits to public schools employees 308
pursuant to this section and related administrative costs. 309
Premiums received by the board or insurance companies contracted 310
pursuant to division (A) of this section are not subject to any 311
state insurance premium tax.312

       (G) The school employees health care board shall do all of 313
the following:314

       (1) Design multiple medical plans, including regional plans, 315
to provide, in the board's judgment, the optimal combination of 316
coverage, cost, choice, and stability of health cost benefits. The 317
board may establish more than one tier of premium rates for any 318
medical plan. The board shall establish regions as necessary for 319
the implementation of the board's medical plans. Plans and premium 320
rates may vary across the regions established by the board.321

       (2) Set an aggregate goal for employee and employer portions 322
of premiums for the board's medical plans so as to manage plan 323
participation and encourage the use of value-based plan 324
participation by employees;325

       (3) Set employer and employee plan copayments, deductibles, 326
exclusions, limitations, formularies, premium shares, and other 327
responsibilities;328

       (4) Include disease management and consumer education 329
programs, to the extent that the board determines is appropriate, 330
in all medical plans designed by the board, which programs shall 331
include, but are not limited to, wellness programs and other 332
measures designed to encourage the wise use of medical plan 333
coverage. These programs are not services or treatments for 334
purposes of section 3901.71 of the Revised Code.335

       (5) Create and distribute to the governor, the speaker of the 336
house of representatives, and the president of the senate, an 337
annual report covering the plan background; plan coverage options; 338
plan administration, including procedures for monitoring and 339
managing objectives, scope, and methodology; plan operations; 340
employee and employer contribution rates and the relationship 341
between the rates and the school employees health care fund 342
balance; a means to develop and maintain identity and evaluate 343
alternative employee and employer cost-sharing strategies; an 344
evaluation of the effectiveness of cost-saving services and 345
programs; an evaluation of efforts to control and manage member 346
eligibility and to insure that proper employee and employer 347
contributions are remitted to the trust fund; efforts to prevent 348
and detect fraud; and efforts to manage and monitor board 349
contracts;350

       (6) Utilize cost containment measures aligned with patient, 351
plan, and provider management strategies in developing and 352
managing medical plans.353

       (H) The sections in Chapter 3923. of the Revised Code 354
regulating public employee benefit plans are not applicable to the 355
medical plans designed pursuant to this section.356

       (I)(1) Public schools are not subject to this section prior 357
to the release of medical plans designed pursuant to this section.358

       (2) Prior to the school employees health care board's release 359
of the board's initial medical plans, the board shall contract 360
with an independent consultant to analyze costs related to 361
employee health care benefits provided by existing school district 362
plans in this state. The consultant shall determine the benefits 363
offered by existing medical plans, the employees' costs, and the 364
cost-sharing arrangements used by public schools either 365
participating in a consortium or by other means. The consultant 366
shall determine what strategies are used by the existing medical 367
plans to manage health care costs and shall study the potential 368
benefits of state or regional consortiums of public schools 369
offering multiple health care plans. Based on the findings of the 370
analysis, the consultant shall submit written recommendations to 371
the board for the development and implementation of a successful 372
program for pooling school districts' purchasing power for the 373
acquisition of employee medical plans. The consultant's 374
recommendations shall address, at a minimum, all of the following 375
issues:376

       (a) The establishment of regions for the provision of medical 377
plans, based on the availability of providers and plans in the 378
state at the time that the school employees health care board is 379
established;380

       (b) The use of regional preferred provider and closed panel 381
plans, health savings accounts, and alternative medical plans, to 382
stabilize both costs and the premiums charged school districts and 383
district employees;384

       (c) The development of a system to obtain eligibility data 385
and data compiled pursuant to the "Consolidated Omnibus Budget 386
Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. 387
1161, as amended;388

       (d) The use of the competitive bidding process for regional 389
medical plans;390

       (e) The development of a timeline planning for the design and 391
use of board medical plans by not later than December 31, 2007;392

       (f) The use of information on claims and costs and of 393
information reported by districts pursuant to COBRA in analyzing 394
administrative and premium costs;395

       (g) The experience of states that have mandated statewide 396
medical plans for public school employees, including the 397
implementation strategies used by those states;398

       (h) Recommended strategies for the use of first-year roll-in 399
premiums in the transition from district medical plans to school 400
employees health care board plans;401

       (i) The option of allowing school districts to join an 402
existing regional consortium as an alternative to school employees 403
health care board plans;404

       (j) Mandatory and optional coverages to be offered by the 405
board's medical plans;406

       (k) Potential risks to the state from the use of medical 407
plans developed pursuant to this section;408

       (l) Any legislation needed to ensure the long-term financial 409
solvency and stability of a health care purchasing system;410

       (m) The potential impacts of any changes to the existing 411
purchasing structure on all of the following:412

       (i) Existing health care pooling and consortiums;413

       (ii) School district employees;414

       (iii) Individual school districts.415

       (n) Issues that could arise when school districts transition 416
from the existing purchasing structure to a new purchasing 417
structure;418

       (o) Strategies available to the board in the creation of fund 419
reserves and the need for stop-loss insurance coverage for 420
catastrophic losses;421

       (p) Any legislation needed to establish and maintain medical 422
plans designed pursuant to this section. The consultant shall 423
submit all legislative recommendations not later than December 31, 424
20052006, in writing, to the school employees health care board 425
and to the governor, the speaker of the house of representatives, 426
and the president of the senate.427

       (3) The public schools health care advisory committee is 428
hereby created under the school employees health care board. The 429
committee shall make recommendations to the school employees 430
health care board related to the board's accomplishment of the 431
duties assigned to the board under this section. The committee 432
shall consist of eighteen members. The governor, the speaker of 433
the house of representatives, and the president of the senate 434
shall each appoint a representative from the Ohio education 435
association, the Ohio school boards association, the Ohio 436
association of school business officials, the Ohio association of 437
health underwriters, an existing health care consortium serving 438
public schools, and a health insuring corporation licensed to do 439
business in Ohio and recommended by the Ohio association of health 440
plans. The initial appointees shall be appointed to a one-year 441
term not later than July 31, 20052007, the members' term to begin 442
on that date. Subsequent one-year appointments, to commence on the 443
thirty-first day of July of each year, shall be made in the same 444
manner. A member shall continue to serve subsequent to the 445
expiration of the member's term until the member's successor is 446
appointed. Any vacancy occurring during a member's term shall be 447
filled in the same manner as the original appointment, except that 448
the person appointed to fill the vacancy shall be appointed to the 449
remainder of the unexpired term. The governor shall call the first 450
meeting of each newly appointed committee. At that meeting the 451
board shall elect a chairperson who shall call the time and place 452
of future committee meetings. Committee members are not subject to 453
the conditions for eligibility set by division (B) of this section 454
for members of the school employees health care board.455

       (4) The school employees health care board shall submit a 456
written study to the governor and the general assembly not later 457
than January 15, 200631, 2007, of a plan to operate in compliance 458
with this section, and on the governance of the school employees 459
health care board. A copy of the board's plan of operation, 460
including audit provisions, shall accompany the report on the 461
board's governance and the report shall include the board's 462
recommendations on any legislation needed to enforce the 463
recommendations of the board on implementing the provisions of 464
this section.465

       (5) Not later than January 15, 2009, and not later than the 466
same day of each subsequent year, the school employees health care 467
board shall submit a written report to the governor and each 468
member of the general assembly, which report evaluates the 469
performance of school employees health care board medical plans 470
during the previous year. Districts offering employee health care 471
benefits through a plan offered by a consortium of two or more 472
districts, or a consortium of one or more districts and one or 473
more political subdivisions as defined in section 9.833 of the 474
Revised Code, representing five thousand or more employees as of 475
January 1, 2005, may request permission from the school employees 476
health care board to continue offering consortium plans to the 477
districts' employees at the discretion of the board. If the board 478
grants permission, the permission is valid for only one year but 479
may be renewed annually thereafter upon application to an approval 480
of the board. The board shall grant initial or continued approval 481
upon finding, based on an actuarial evaluation of the existing 482
consortium plan offerings, that benefit design, premium costs, 483
administrative cost, and other factors considered by the board are 484
equivalent to or lower than comparable costs of the board's plan 485
options offered to the local district. Age and gender adjustments, 486
benefit comparison adjustments, and the total cost of the 487
consortium plan, including administration, benefit cost, stop-loss 488
insurance, and all other expenses or information requested by the 489
board shall be presented to the board prior to the board's 490
decision to allow a local district to continue to offer health 491
care benefits under a consortium plan. A district shall not 492
participate in the consortium plan once the district has chosen to 493
offer plans designed by the board to the district's employees and 494
begins premium payments for deposit into the school employees 495
health care fund.496

       (6) Any districts providing medical plan coverage for the 497
employees of public schools, or that have provided coverage within 498
two years prior to the effective date of this sectionSeptember 499
29, 2005, shall provide nonidentifiable aggregate claims data for 500
the coverage to the school employees health care board or the 501
department of administrative services, without charge, within 502
thirty days after receiving a written request from the board or 503
the department. The claims data shall include data relating to 504
employee group benefit sets, demographics, and claims experience.505

       (J) The school employees health care board may contract with 506
other state agencies as the board deems necessary for the 507
implementation and operation of this section, based on 508
demonstrated experience and expertise in administration, 509
management, data handling, actuarial studies, quality assurance, 510
or other needed services. The school employees health care board 511
shall contract with the department of administrative services for 512
central services until the board is able to obtain such services 513
from other sources. The board shall reimburse the department of 514
administrative services for the reasonable cost of those services.515

       (K) The board's administrative functions shall include, but 516
are not limited to, the following:517

       (1) Maintaining reserves in the school employees health care 518
fund, reinsurance, and other measures that in the judgment of the 519
board will result in the long-term stability and solvency of the 520
medical plans designed by the board. The board shall bill school 521
districts, in proportion to a district's premium payments to all 522
premium payments paid into the school employees health care fund 523
during the previous year, in order to maintain necessary reserves, 524
reinsurance, and administrative and operating funds. Each school 525
district contributing to a board medical plan shall share any 526
losses due to the expense of claims paid by the plan. In the event 527
of a loss, the board may bill each district an amount, in 528
proportion to the district's premium payments to all premium 529
payments paid into the school employees health care fund during 530
the previous year, sufficient in total to cover the loss. The 531
state is not liable for any obligations of the school employees 532
health care board or the school employees health care fund, or for 533
expenses of public schools or school districts related to the 534
board's medical plans.535

       (2) Providing health care information, wellness programs, and 536
other preventive health care measures to medical plan 537
beneficiaries, to the extent that the board determines to be 538
appropriate;539

       (3) Coordinating contracts for services related to the 540
board's medical plans. Contracts shall be approved by the school 541
employees health care board.542

       (L) Not less than ninety days before coverage begins for 543
public school employees under medical plans designed by the school 544
employees health care board, a school district's board of 545
education shall provide detailed information about the medical 546
plans to the employees.547

       (M) Nothing in this section shall be construed as prohibiting 548
public schools or school districts from consulting with and 549
compensating insurance agents and brokers for professional 550
services.551

       (N) The department of administrative services shall report to 552
the governor, the speaker of the house of representatives, and the 553
president of the senate within eighteen months after the effective 554
date of this sectionnot later than April 30, 2007, on the 555
feasibility of achieving all of the following:556

       (1) Designing multiple medical plans to cover persons 557
employed by public institutions of higher education that achieve 558
an optimal combination of coverage, cost, choice, and stability, 559
which plans include both state and regional preferred provider 560
plans, set employee and employer premiums, and set employee plan 561
copayments, deductibles, exclusions, limitations, formularies, and 562
other responsibilities. For this purpose, "public institutions of 563
higher education" include, without limitation, state universities 564
and colleges, state community college districts, community college 565
districts, university branch districts, technical college 566
districts, and municipal universities. 567

       (2) Maintaining reserves, reinsurance, and other measures to 568
insure the long-term stability and solvency of the medical plans;569

       (3) Providing appropriate health care information, wellness 570
programs, and other preventive health care measures to medical 571
plan beneficiaries;572

       (4) Coordinating contracts for services related to the 573
medical plans.574

       Sec. 101.543. TheAs used in this section, "published" means 575
to produce an electronic record that is accessible to the public.576

       The daily journals of the senate and house of representatives 577
journals shall be printed or published daily during each session 578
of the general assembly in pamphlet form without covers. The 579
senate journal shall precede the house of representatives journal 580
in the pamphlet. The composition used in printing or publishing581
the daily journals shall be retained for use in printing the final 582
journals.583

       The final journals and appendixes of the senate and house of 584
representatives journals and appendixes shall be printed after 585
adjournment sine die and be bound in half law binding. The 586
respective journal of each house and its proper appendix shall 587
compose one volume unless the clerk of the senate or clerk of the588
house of representatives, as the case may be, directs that they be589
bound in separate volumes.590

       Sec. 107.40.  (A) There is hereby created the governor's 591
residence advisory commission. The commission shall provide for 592
the preservation, restoration, acquisition, and conservation of 593
all decorations, objects of art, chandeliers, china, silver, 594
statues, paintings, furnishings, accouterments, and other 595
aesthetic materials that have been acquired, donated, loaned, or 596
otherwise obtained by the state for the governor's residence and 597
that have been approved by the commission. In addition, the 598
commission shall provide for the maintenance of plants that have 599
been acquired, donated, loaned, or otherwise obtained by the state 600
for the governor's residence and that have been approved by the 601
commission.602

       (B) The commission shall be responsible for the care, 603
provision, repair, and placement of furnishings and other objects 604
and accessories of the grounds and public areas of the first story 605
of the governor's residence and for the care and placement of 606
plants on the grounds. In exercising this responsibility, the 607
commission shall preserve and seek to further establish theboth 608
of the following:609

       (1) The authentic ambiance and decor of the historic era 610
during which the governor's residence was constructed. These;611

       (2) The grounds as a representation of Ohio's natural 612
ecosystems.613

        These duties shall not affect the obligation of the 614
department of administrative services to provide for the general 615
maintenance and operating expenses of the governor's residence.616

       (C) The commission shall consist of nineeleven members. One 617
member shall be the director of administrative services or the 618
director's designee, who shall serve during the director's term of 619
office and shall serve as chairperson. One member shall be the 620
director of the Ohio historical society or the director's 621
designee, who shall serve during the director's term of office and 622
shall serve as vice-chairperson. One member shall represent the 623
Columbus landmarks foundation. One member shall represent the624
Bexley historical society. One member shall be the mayor of the 625
city of Bexley, who shall serve during the mayor's term of office. 626
One member shall be the chief executive officer of the Franklin 627
park conservatory joint recreation district, who shall serve 628
during the term of employment as chief executive officer. The629
remaining five members shall be appointed by the governor with the 630
advice and consent of the senate. The five members appointed by 631
the governor shall be persons with knowledge of Ohio history, 632
architecture, decorative arts, or historic preservation, and one 633
of those members shall have knowledge of landscape architecture, 634
garden design, horticulture, and plants native to this state.635

       (D) Of the initial appointees, the representative of the636
Columbus landmarks foundation shall serve for a term expiring637
December 31, 1996, and the representative of the Bexley historical 638
society shall serve for a term expiring December 31, 1997. Of the 639
five members appointed by the governor, three shall serve for 640
terms ending December 31, 1998, and two shall serve for terms 641
ending December 31, 1999. Thereafter, each term shall be for four 642
years, commencing on the first day of January and ending on the 643
last day of December. EachThe member having knowledge of 644
landscape architecture, garden design, horticulture, and plants 645
native to this state initially shall be appointed upon the first 646
vacancy on the commission occurring on or after the effective date 647
of this amendment.648

        Each member shall hold office from the date of the member's649
appointment until the end of the term for which the member was650
appointed. Any member appointed to fill a vacancy occurring prior 651
to the end of the term for which the member's predecessor was 652
appointed shall hold office for the remainder of the term. Any 653
member shall continue in office subsequent to the expiration of 654
the term until the member's successor takes office.655

       (E) FiveSix members of the commission constitute a quorum, 656
and the affirmative vote of fivesix members is required for 657
approval of any action by the commission.658

       (F) After each initial member of the commission has been 659
appointed, the commission shall meet and select one member as 660
secretary and another as treasurer. Organizational meetings of the 661
commission shall be held at the time and place designated by call 662
of the chairperson. Meetings of the commission may be held 663
anywhere in the state and shall be in compliance with Chapters 664
121. and 149. of the Revised Code. The commission may adopt, 665
pursuant to section 111.15 of the Revised Code, rules necessary to 666
carry out the purposes of this section.667

       (G) Members of the commission shall serve without 668
remuneration, but shall be compensated for actual and necessary 669
expenses incurred in the performance of their official duties.670

       (H) All expenses incurred in carrying out this section are 671
payable solely from money accrued under this section or 672
appropriated for these purposes by the general assembly, and the 673
commission shall incur no liability or obligation beyond such 674
money.675

       (I) The commission may accept any donation, gift, bequest, or 676
devise for the governor's residence or as an endowment for the 677
maintenance and care of the garden on the grounds of the 678
governor's residence in furtherance of its duties. Any revenue 679
received by the commission shall be deposited into the governor's 680
residence fund, which is hereby established in the state treasury, 681
for use by the commission in accordance with the performance of 682
its duties. All investment earnings of the fund shall be credited 683
to the fund. Title to all property acquired by the commission 684
shall be taken in the name of the state and shall be held for the 685
use and benefit of the commission.686

       (J) Nothing in this section limits the ability of a person or 687
other entity to purchase decorations, objects of art, chandeliers, 688
china, silver, statues, paintings, furnishings, accouterments, 689
plants, or other aesthetic materials for placement in the 690
governor's residence or on the grounds of the governor's residence691
or donation to the commission. No such object or plant, however, 692
shall be placed on the grounds or public areas of the first story 693
of the governor's residence without the consent of the commission.694

       Sec. 109.57.  (A)(1) The superintendent of the bureau of695
criminal identification and investigation shall procure from 696
wherever procurable and file for record photographs, pictures, 697
descriptions, fingerprints, measurements, and other information 698
that may be pertinent of all persons who have been convicted of 699
committing within this state a felony, any crime constituting a 700
misdemeanor on the first offense and a felony on subsequent701
offenses, or any misdemeanor described in division (A)(1)(a) of 702
section 109.572 of the Revised Code, of all children under 703
eighteen years of age who have been adjudicated delinquent 704
children for committing within this state an act that would be a 705
felony or an offense of violence if committed by an adult or who 706
have been convicted of or pleaded guilty to committing within this 707
state a felony or an offense of violence, and of all well-known 708
and habitual criminals. The person in charge of any county, 709
multicounty, municipal, municipal-county, or multicounty-municipal 710
jail or workhouse, community-based correctional facility, halfway 711
house, alternative residential facility, or state correctional 712
institution and the person in charge of any state institution 713
having custody of a person suspected of having committed a felony, 714
any crime constituting a misdemeanor on the first offense and a 715
felony on subsequent offenses, or any misdemeanor described in 716
division (A)(1)(a) of section 109.572 of the Revised Code or 717
having custody of a child under eighteen years of age with respect 718
to whom there is probable cause to believe that the child may have 719
committed an act that would be a felony or an offense of violence 720
if committed by an adult shall furnish such material to the 721
superintendent of the bureau. Fingerprints, photographs, or other722
descriptive information of a child who is under eighteen years of 723
age, has not been arrested or otherwise taken into custody for 724
committing an act that would be a felony or an offense of violence 725
if committed by an adult, has not been adjudicated a delinquent 726
child for committing an act that would be a felony or an offense 727
of violence if committed by an adult, has not been convicted of or 728
pleaded guilty to committing a felony or an offense of violence, 729
and is not a child with respect to whom there is probable cause to730
believe that the child may have committed an act that would be a 731
felony or an offense of violence if committed by an adult shall 732
not be procured by the superintendent or furnished by any person 733
in charge of any county, multicounty, municipal, municipal-county, 734
or multicounty-municipal jail or workhouse, community-based 735
correctional facility, halfway house, alternative residential 736
facility, or state correctional institution, except as authorized 737
in section 2151.313 of the Revised Code.738

       (2) Every clerk of a court of record in this state, other 739
than the supreme court or a court of appeals, shall send to the740
superintendent of the bureau a weekly report containing a summary 741
of each case involving a felony, involving any crime constituting 742
a misdemeanor on the first offense and a felony on subsequent 743
offenses, involving a misdemeanor described in division (A)(1)(a) 744
of section 109.572 of the Revised Code, or involving an745
adjudication in a case in which a child under eighteen years of 746
age was alleged to be a delinquent child for committing an act 747
that would be a felony or an offense of violence if committed by748
an adult. The clerk of the court of common pleas shall include in 749
the report and summary the clerk sends under this division all 750
information described in divisions (A)(2)(a) to (f) of this 751
section regarding a case before the court of appeals that is 752
served by that clerk. The summary shall be written on the standard 753
forms furnished by the superintendent pursuant to division (B) of 754
this section and shall include the following information:755

       (a) The incident tracking number contained on the standard 756
forms furnished by the superintendent pursuant to division (B) of 757
this section;758

       (b) The style and number of the case;759

       (c) The date of arrest;760

       (d) The date that the person was convicted of or pleaded 761
guilty to the offense, adjudicated a delinquent child for 762
committing the act that would be a felony or an offense of 763
violence if committed by an adult, found not guilty of the764
offense, or found not to be a delinquent child for committing an 765
act that would be a felony or an offense of violence if committed 766
by an adult, the date of an entry dismissing the charge, an entry 767
declaring a mistrial of the offense in which the person is 768
discharged, an entry finding that the person or child is not 769
competent to stand trial, or an entry of a nolle prosequi, or the 770
date of any other determination that constitutes final resolution 771
of the case;772

       (e) A statement of the original charge with the section of 773
the Revised Code that was alleged to be violated;774

       (f) If the person or child was convicted, pleaded guilty, or 775
was adjudicated a delinquent child, the sentence or terms of 776
probation imposed or any other disposition of the offender or the 777
delinquent child.778

       If the offense involved the disarming of a law enforcement 779
officer or an attempt to disarm a law enforcement officer, the 780
clerk shall clearly state that fact in the summary, and the 781
superintendent shall ensure that a clear statement of that fact is 782
placed in the bureau's records.783

       (3) The superintendent shall cooperate with and assist784
sheriffs, chiefs of police, and other law enforcement officers in 785
the establishment of a complete system of criminal identification 786
and in obtaining fingerprints and other means of identification of 787
all persons arrested on a charge of a felony, any crime 788
constituting a misdemeanor on the first offense and a felony on 789
subsequent offenses, or a misdemeanor described in division790
(A)(1)(a) of section 109.572 of the Revised Code and of all 791
children under eighteen years of age arrested or otherwise taken 792
into custody for committing an act that would be a felony or an 793
offense of violence if committed by an adult. The superintendent 794
also shall file for record the fingerprint impressions of all 795
persons confined in a county, multicounty, municipal, 796
municipal-county, or multicounty-municipal jail or workhouse,797
community-based correctional facility, halfway house, alternative 798
residential facility, or state correctional institution for the 799
violation of state laws and of all children under eighteen years 800
of age who are confined in a county, multicounty, municipal, 801
municipal-county, or multicounty-municipal jail or workhouse, 802
community-based correctional facility, halfway house, alternative 803
residential facility, or state correctional institution or in any804
facility for delinquent children for committing an act that would 805
be a felony or an offense of violence if committed by an adult, 806
and any other information that the superintendent may receive from 807
law enforcement officials of the state and its political 808
subdivisions.809

       (4) The superintendent shall carry out Chapter 2950. of the810
Revised Code with respect to the registration of persons who are 811
convicted of or plead guilty to either a sexually oriented offense 812
that is not a registration-exempt sexually oriented offense or a 813
child-victim oriented offense and with respect to all other duties 814
imposed on the bureau under that chapter.815

       (5) The bureau shall perform centralized recordkeeping 816
functions for criminal history records and services in this state 817
for purposes of the national crime prevention and privacy compact 818
set forth in section 109.571 of the Revised Code and is the 819
criminal history record repository as defined in that section for 820
purposes of that compact. The superintendent or the 821
superintendent's designee is the compact officer for purposes of 822
that compact and shall carry out the responsibilities of the 823
compact officer specified in that compact.824

       (B) The superintendent shall prepare and furnish to every825
county, multicounty, municipal, municipal-county, or826
multicounty-municipal jail or workhouse, community-based 827
correctional facility, halfway house, alternative residential 828
facility, or state correctional institution and to every clerk of 829
a court in this state specified in division (A)(2) of this section 830
standard forms for reporting the information required under 831
division (A) of this section. The standard forms that the 832
superintendent prepares pursuant to this division may be in a 833
tangible format, in an electronic format, or in both tangible 834
formats and electronic formats.835

       (C) The superintendent may operate a center for electronic, 836
automated, or other data processing for the storage and retrieval 837
of information, data, and statistics pertaining to criminals and 838
to children under eighteen years of age who are adjudicated839
delinquent children for committing an act that would be a felony 840
or an offense of violence if committed by an adult, criminal 841
activity, crime prevention, law enforcement, and criminal justice, 842
and may establish and operate a statewide communications network 843
to gather and disseminate information, data, and statistics for 844
the use of law enforcement agencies. The superintendent may 845
gather, store, retrieve, and disseminate information, data, and 846
statistics that pertain to children who are under eighteen years 847
of age and that are gathered pursuant to sections 109.57 to 109.61 848
of the Revised Code together with information, data, and849
statistics that pertain to adults and that are gathered pursuant 850
to those sections. In addition to any other authorized use of 851
information, data, and statistics of that nature, the 852
superintendent or the superintendent's designee may provide and 853
exchange the information, data, and statistics pursuant to the 854
national crime prevention and privacy compact as described in 855
division (A)(5) of this section.856

       (D) The information and materials furnished to the857
superintendent pursuant to division (A) of this section and858
information and materials furnished to any board or person under859
division (F) or (G) of this section are not public records under 860
section 149.43 of the Revised Code.861

       (E) The attorney general shall adopt rules, in accordance862
with Chapter 119. of the Revised Code, setting forth the procedure 863
by which a person may receive or release information gathered by 864
the superintendent pursuant to division (A) of this section. A 865
reasonable fee may be charged for this service. If a temporary 866
employment service submits a request for a determination of 867
whether a person the service plans to refer to an employment868
position has been convicted of or pleaded guilty to an offense869
listed in division (A)(1), (3), (4), (5), or (6) of section 870
109.572 of the Revised Code, the request shall be treated as a 871
single request and only one fee shall be charged.872

       (F)(1) As used in division (F)(2) of this section, "head873
start agency" means an entity in this state that has been approved 874
to be an agency for purposes of subchapter II of the "Community 875
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 876
as amended.877

       (2)(a) In addition to or in conjunction with any request that878
is required to be made under section 109.572, 2151.86, 3301.32,879
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 880
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 881
education of any school district; the director of mental 882
retardation and developmental disabilities; any county board of 883
mental retardation and developmental disabilities; any entity 884
under contract with a county board of mental retardation and 885
developmental disabilities; the chief administrator of any 886
chartered nonpublic school; the chief administrator of any home 887
health agency; the chief administrator of or person operating any 888
child day-care center, type A family day-care home, or type B 889
family day-care home licensed or certified under Chapter 5104. of 890
the Revised Code; the administrator of any type C family day-care891
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st892
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st893
general assembly; the chief administrator of any head start 894
agency; or the executive director of a public children services 895
agency may request that the superintendent of the bureau 896
investigate and determine, with respect to any individual who has 897
applied for employment in any position after October 2, 1989, or 898
any individual wishing to apply for employment with a board of 899
education may request, with regard to the individual, whether the 900
bureau has any information gathered under division (A) of this 901
section that pertains to that individual. On receipt of the 902
request, the superintendent shall determine whether that 903
information exists and, upon request of the person, board, or 904
entity requesting information, also shall request from the federal 905
bureau of investigation any criminal records it has pertaining to 906
that individual. The superintendent or the superintendent's 907
designee also may request criminal history records from other 908
states or the federal government pursuant to the national crime 909
prevention and privacy compact set forth in section 109.571 of the 910
Revised Code. Within thirty days of the date that the 911
superintendent receives a request, the superintendent shall send 912
to the board, entity, or person a report of any information that 913
the superintendent determines exists, including information 914
contained in records that have been sealed under section 2953.32 915
of the Revised Code, and, within thirty days of its receipt, shall 916
send the board, entity, or person a report of any information 917
received from the federal bureau of investigation, other than 918
information the dissemination of which is prohibited by federal 919
law.920

       (b) When a board of education is required to receive 921
information under this section as a prerequisite to employment of 922
an individual pursuant to section 3319.39 of the Revised Code, it 923
may accept a certified copy of records that were issued by the 924
bureau of criminal identification and investigation and that are925
presented by an individual applying for employment with the926
district in lieu of requesting that information itself. In such a 927
case, the board shall accept the certified copy issued by the 928
bureau in order to make a photocopy of it for that individual's 929
employment application documents and shall return the certified 930
copy to the individual. In a case of that nature, a district only 931
shall accept a certified copy of records of that nature within one 932
year after the date of their issuance by the bureau.933

       (3) The state board of education may request, with respect to 934
any individual who has applied for employment after October 2,935
1989, in any position with the state board or the department of936
education, any information that a school district board of937
education is authorized to request under division (F)(2) of this 938
section, and the superintendent of the bureau shall proceed as if 939
the request has been received from a school district board of 940
education under division (F)(2) of this section.941

       (4) When the superintendent of the bureau receives a request 942
for information under section 3319.291 of the Revised Code, the 943
superintendent shall proceed as if the request has been received 944
from a school district board of education under division (F)(2) of 945
this section.946

       (5) When a recipient of a classroom reading improvement grant 947
paid under section 3301.86 of the Revised Code requests, with 948
respect to any individual who applies to participate in providing 949
any program or service funded in whole or in part by the grant, 950
the information that a school district board of education is 951
authorized to request under division (F)(2)(a) of this section, 952
the superintendent of the bureau shall proceed as if the request 953
has been received from a school district board of education under 954
division (F)(2)(a) of this section.955

       (G) In addition to or in conjunction with any request that is 956
required to be made under section 173.41, 3701.881, 3712.09,957
3721.121, or 3722.151 of the Revised Code with respect to an 958
individual who has applied for employment in a position that 959
involves providing direct care to an older adult, the chief960
administrator of a PASSPORT agency that provides services through 961
the PASSPORT program created under section 173.40 of the Revised962
Code, home health agency, hospice care program, home licensed 963
under Chapter 3721. of the Revised Code, adult day-care program964
operated pursuant to rules adopted under section 3721.04 of the965
Revised Code, or adult care facility may request that the 966
superintendent of the bureau investigate and determine, with 967
respect to any individual who has applied after January 27, 1997, 968
for employment in a position that does not involve providing969
direct care to an older adult, whether the bureau has any 970
information gathered under division (A) of this section that 971
pertains to that individual. On972

       In addition to or in conjunction with any request that is 973
required to be made under section 173.27 of the Revised Code with 974
respect to an individual who has applied for employment in a 975
position that involves providing ombudsperson services to 976
residents of long-term care facilities or recipients of 977
community-based long-term care services, the state long-term care 978
ombudsperson, ombudsperson's designee, or director of health may 979
request that the superintendent investigate and determine, with 980
respect to any individual who has applied for employment in a 981
position that does not involve providing such ombudsperson 982
services, whether the bureau has any information gathered under 983
division (A) of this section that pertains to that applicant.984

       In addition to or in conjunction with any request that is 985
required to be made under section 173.394 of the Revised Code with 986
respect to an individual who has applied for employment in a 987
position that involves providing direct care to an individual, the 988
chief administrator of a community-based long-term care agency may 989
request that the superintendent investigate and determine, with 990
respect to any individual who has applied for employment in a 991
position that does not involve providing direct care, whether the 992
bureau has any information gathered under division (A) of this 993
section that pertains to that applicant.994

       On receipt of thea request under this division, the995
superintendent shall determine whether that information exists996
and, on request of the administratorindividual requesting 997
information, shall also request from the federal bureau of 998
investigation any criminal records it has pertaining to that999
individualthe applicant. The superintendent or the 1000
superintendent's designee also may request criminal history 1001
records from other states or the federal government pursuant to 1002
the national crime prevention and privacy compact set forth in 1003
section 109.571 of the Revised Code. Within thirty days of the 1004
date a request is received, the superintendent shall send to the 1005
administratorrequester a report of any information determined to 1006
exist, including information contained in records that have been 1007
sealed under section 2953.32 of the Revised Code, and, within 1008
thirty days of its receipt, shall send the administratorrequester1009
a report of any information received from the federal bureau of1010
investigation, other than information the dissemination of which 1011
is prohibited by federal law.1012

       (H) Information obtained by a board, administrator,1013
government entity or other person under this section is 1014
confidential and shall not be released or disseminated.1015

       (I) The superintendent may charge a reasonable fee for1016
providing information or criminal records under division (F)(2) or 1017
(G) of this section.1018

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 1019
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 1020
5153.111 of the Revised Code, a completed form prescribed pursuant 1021
to division (C)(1) of this section, and a set of fingerprint 1022
impressions obtained in the manner described in division (C)(2) of 1023
this section, the superintendent of the bureau of criminal 1024
identification and investigation shall conduct a criminal records 1025
check in the manner described in division (B) of this section to 1026
determine whether any information exists that indicates that the 1027
person who is the subject of the request previously has been 1028
convicted of or pleaded guilty to any of the following:1029

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1030
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1031
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1032
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1033
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1034
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1035
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1036
2925.06, or 3716.11 of the Revised Code, felonious sexual 1037
penetration in violation of former section 2907.12 of the Revised 1038
Code, a violation of section 2905.04 of the Revised Code as it 1039
existed prior to July 1, 1996, a violation of section 2919.23 of 1040
the Revised Code that would have been a violation of section 1041
2905.04 of the Revised Code as it existed prior to July 1, 1996, 1042
had the violation been committed prior to that date, or a 1043
violation of section 2925.11 of the Revised Code that is not a 1044
minor drug possession offense;1045

       (b) A violation of an existing or former law of this state, 1046
any other state, or the United States that is substantially 1047
equivalent to any of the offenses listed in division (A)(1)(a) of 1048
this section.1049

       (2) On receipt of a request pursuant to section 5123.081 of 1050
the Revised Code with respect to an applicant for employment in 1051
any position with the department of mental retardation and 1052
developmental disabilities, pursuant to section 5126.28 of the 1053
Revised Code with respect to an applicant for employment in any 1054
position with a county board of mental retardation and 1055
developmental disabilities, or pursuant to section 5126.281 of the 1056
Revised Code with respect to an applicant for employment in a 1057
direct services position with an entity contracting with a county 1058
board for employment, a completed form prescribed pursuant to 1059
division (C)(1) of this section, and a set of fingerprint 1060
impressions obtained in the manner described in division (C)(2) of 1061
this section, the superintendent of the bureau of criminal 1062
identification and investigation shall conduct a criminal records 1063
check. The superintendent shall conduct the criminal records check 1064
in the manner described in division (B) of this section to 1065
determine whether any information exists that indicates that the 1066
person who is the subject of the request has been convicted of or 1067
pleaded guilty to any of the following:1068

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1069
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1070
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 1071
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 1072
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1073
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 1074
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 1075
2925.03, or 3716.11 of the Revised Code;1076

       (b) An existing or former municipal ordinance or law of this 1077
state, any other state, or the United States that is substantially 1078
equivalent to any of the offenses listed in division (A)(2)(a) of 1079
this section.1080

       (3) On receipt of a request pursuant to section 173.411081
173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised 1082
Code, a completed form prescribed pursuant to division (C)(1) of 1083
this section, and a set of fingerprint impressions obtained in the 1084
manner described in division (C)(2) of this section, the 1085
superintendent of the bureau of criminal identification and 1086
investigation shall conduct a criminal records check with respect 1087
to any person who has applied for employment in a position that 1088
involves providing direct care to an older adultfor which a 1089
criminal records check is required by those sections. The 1090
superintendent shall conduct the criminal records check in the 1091
manner described in division (B) of this section to determine 1092
whether any information exists that indicates that the person who 1093
is the subject of the request previously has been convicted of or 1094
pleaded guilty to any of the following:1095

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1096
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1097
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1098
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1099
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1100
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1101
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1102
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1103
2925.22, 2925.23, or 3716.11 of the Revised Code;1104

       (b) An existing or former law of this state, any other state, 1105
or the United States that is substantially equivalent to any of 1106
the offenses listed in division (A)(3)(a) of this section.1107

       (4) On receipt of a request pursuant to section 3701.881 of 1108
the Revised Code with respect to an applicant for employment with 1109
a home health agency as a person responsible for the care, 1110
custody, or control of a child, a completed form prescribed 1111
pursuant to division (C)(1) of this section, and a set of 1112
fingerprint impressions obtained in the manner described in 1113
division (C)(2) of this section, the superintendent of the bureau 1114
of criminal identification and investigation shall conduct a 1115
criminal records check. The superintendent shall conduct the 1116
criminal records check in the manner described in division (B) of 1117
this section to determine whether any information exists that 1118
indicates that the person who is the subject of the request 1119
previously has been convicted of or pleaded guilty to any of the 1120
following:1121

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1122
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1123
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 1124
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 1125
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 1126
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1127
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1128
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 1129
violation of section 2925.11 of the Revised Code that is not a 1130
minor drug possession offense;1131

       (b) An existing or former law of this state, any other state, 1132
or the United States that is substantially equivalent to any of 1133
the offenses listed in division (A)(4)(a) of this section.1134

       (5) On receipt of a request pursuant to section 5111.95 or 1135
5111.96 of the Revised Code with respect to an applicant for 1136
employment with a waiver agency participating in a department of 1137
job and family services administered home and community-based 1138
waiver program or an independent provider participating in a 1139
department administered home and community-based waiver program in 1140
a position that involves providing home and community-based waiver 1141
services to consumers with disabilities, a completed form 1142
prescribed pursuant to division (C)(1) of this section, and a set 1143
of fingerprint impressions obtained in the manner described in 1144
division (C)(2) of this section, the superintendent of the bureau 1145
of criminal identification and investigation shall conduct a 1146
criminal records check. The superintendent shall conduct the 1147
criminal records check in the manner described in division (B) of 1148
this section to determine whether any information exists that 1149
indicates that the person who is the subject of the request 1150
previously has been convicted of or pleaded guilty to any of the 1151
following:1152

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1153
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 1154
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 1155
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 1156
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1157
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 1158
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 1159
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 1160
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1161
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 1162
Revised Code, felonious sexual penetration in violation of former 1163
section 2907.12 of the Revised Code, a violation of section 1164
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 1165
violation of section 2919.23 of the Revised Code that would have 1166
been a violation of section 2905.04 of the Revised Code as it 1167
existed prior to July 1, 1996, had the violation been committed 1168
prior to that date;1169

       (b) An existing or former law of this state, any other state, 1170
or the United States that is substantially equivalent to any of 1171
the offenses listed in division (A)(5)(a) of this section.1172

       (6) On receipt of a request pursuant to section 3701.881 of 1173
the Revised Code with respect to an applicant for employment with 1174
a home health agency in a position that involves providing direct 1175
care to an older adult, a completed form prescribed pursuant to 1176
division (C)(1) of this section, and a set of fingerprint 1177
impressions obtained in the manner described in division (C)(2) of 1178
this section, the superintendent of the bureau of criminal 1179
identification and investigation shall conduct a criminal records 1180
check. The superintendent shall conduct the criminal records check 1181
in the manner described in division (B) of this section to 1182
determine whether any information exists that indicates that the 1183
person who is the subject of the request previously has been 1184
convicted of or pleaded guilty to any of the following:1185

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1186
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1187
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1188
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1189
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1190
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1191
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1192
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1193
2925.22, 2925.23, or 3716.11 of the Revised Code;1194

       (b) An existing or former law of this state, any other state, 1195
or the United States that is substantially equivalent to any of 1196
the offenses listed in division (A)(6)(a) of this section.1197

       (7) When conducting a criminal records check upon a request 1198
pursuant to section 3319.39 of the Revised Code for an applicant 1199
who is a teacher, in addition to the determination made under 1200
division (A)(1) of this section, the superintendent shall 1201
determine whether any information exists that indicates that the 1202
person who is the subject of the request previously has been 1203
convicted of or pleaded guilty to any offense specified in section 1204
3319.31 of the Revised Code.1205

       (8) On a request pursuant to section 2151.86 of the Revised 1206
Code, a completed form prescribed pursuant to division (C)(1) of 1207
this section, and a set of fingerprint impressions obtained in the 1208
manner described in division (C)(2) of this section, the 1209
superintendent of the bureau of criminal identification and 1210
investigation shall conduct a criminal records check in the manner 1211
described in division (B) of this section to determine whether any 1212
information exists that indicates that the person who is the 1213
subject of the request previously has been convicted of or pleaded 1214
guilty to any of the following:1215

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1216
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1217
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1218
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1219
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1220
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1221
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1222
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 1223
violation of section 2905.04 of the Revised Code as it existed 1224
prior to July 1, 1996, a violation of section 2919.23 of the 1225
Revised Code that would have been a violation of section 2905.04 1226
of the Revised Code as it existed prior to July 1, 1996, had the 1227
violation been committed prior to that date, a violation of 1228
section 2925.11 of the Revised Code that is not a minor drug 1229
possession offense, or felonious sexual penetration in violation 1230
of former section 2907.12 of the Revised Code;1231

       (b) A violation of an existing or former law of this state, 1232
any other state, or the United States that is substantially 1233
equivalent to any of the offenses listed in division (A)(8)(a) of 1234
this section.1235

       (9) When conducting a criminal records check on a request 1236
pursuant to section 5104.013 of the Revised Code for a person who 1237
is an owner, licensee, or administrator of a child day-care center 1238
or type A family day-care home or an authorized provider of a 1239
certified type B family day-care home, the superintendent, in 1240
addition to the determination made under division (A)(1) of this 1241
section, shall determine whether any information exists that 1242
indicates that the person has been convicted of or pleaded guilty 1243
to any of the following:1244

       (a) A violation of section 2913.02, 2913.03, 2913.04, 1245
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1246
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 1247
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 1248
2921.13, or 2923.01 of the Revised Code, a violation of section 1249
2923.02 or 2923.03 of the Revised Code that relates to a crime 1250
specified in this division or division (A)(1)(a) of this section, 1251
or a second violation of section 4511.19 of the Revised Code 1252
within five years of the date of application for licensure or 1253
certification.1254

       (b) A violation of an existing or former law of this state, 1255
any other state, or the United States that is substantially 1256
equivalent to any of the offenses or violations described in 1257
division (A)(9)(a) of this section.1258

       (10) On receipt of a request for a criminal records check 1259
from an individual pursuant to section 4749.03 or 4749.06 of the 1260
Revised Code, accompanied by a completed copy of the form 1261
prescribed in division (C)(1) of this section and a set of 1262
fingerprint impressions obtained in a manner described in division 1263
(C)(2) of this section, the superintendent of the bureau of 1264
criminal identification and investigation shall conduct a criminal 1265
records check in the manner described in division (B) of this 1266
section to determine whether any information exists indicating 1267
that the person who is the subject of the request has been 1268
convicted of or pleaded guilty to a felony in this state or in any 1269
other state. If the individual indicates that a firearm will be 1270
carried in the course of business, the superintendent shall 1271
require information from the federal bureau of investigation as 1272
described in division (B)(2) of this section. The superintendent 1273
shall report the findings of the criminal records check and any 1274
information the federal bureau of investigation provides to the 1275
director of public safety.1276

       (11) Not later than thirty days after the date the 1277
superintendent receives the request, completed form, and 1278
fingerprint impressions, the superintendent shall send the person, 1279
board, or entity that made the request any information, other than 1280
information the dissemination of which is prohibited by federal 1281
law, the superintendent determines exists with respect to the 1282
person who is the subject of the request that indicates that the 1283
person previously has been convicted of or pleaded guilty to any 1284
offense listed or described in division (A)(1), (2), (3), (4), 1285
(5), (6), (7), (8), (9), or (10) of this section, as appropriate. 1286
The superintendent shall send the person, board, or entity that 1287
made the request a copy of the list of offenses specified in 1288
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) 1289
of this section, as appropriate. If the request was made under 1290
section 3701.881 of the Revised Code with regard to an applicant 1291
who may be both responsible for the care, custody, or control of a 1292
child and involved in providing direct care to an older adult, the 1293
superintendent shall provide a list of the offenses specified in 1294
divisions (A)(4) and (6) of this section.1295

       (B) The superintendent shall conduct any criminal records 1296
check requested under section 121.08, 173.41173.27, 173.394, 1297
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1298
3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 1299
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as 1300
follows:1301

       (1) The superintendent shall review or cause to be reviewed 1302
any relevant information gathered and compiled by the bureau under 1303
division (A) of section 109.57 of the Revised Code that relates to 1304
the person who is the subject of the request, including any 1305
relevant information contained in records that have been sealed 1306
under section 2953.32 of the Revised Code;1307

       (2) If the request received by the superintendent asks for 1308
information from the federal bureau of investigation, the 1309
superintendent shall request from the federal bureau of 1310
investigation any information it has with respect to the person 1311
who is the subject of the request and shall review or cause to be 1312
reviewed any information the superintendent receives from that 1313
bureau.1314

        (3) The superintendent or the superintendent's designee may 1315
request criminal history records from other states or the federal 1316
government pursuant to the national crime prevention and privacy 1317
compact set forth in section 109.571 of the Revised Code.1318

       (C)(1) The superintendent shall prescribe a form to obtain 1319
the information necessary to conduct a criminal records check from 1320
any person for whom a criminal records check is required by 1321
section 121.08, 173.41173.27, 173.394, 2151.86, 3301.32, 1322
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 1323
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 1324
5126.281, or 5153.111 of the Revised Code. The form that the 1325
superintendent prescribes pursuant to this division may be in a 1326
tangible format, in an electronic format, or in both tangible and 1327
electronic formats.1328

       (2) The superintendent shall prescribe standard impression 1329
sheets to obtain the fingerprint impressions of any person for 1330
whom a criminal records check is required by section 121.08, 1331
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1332
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1333
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1334
5153.111 of the Revised Code. Any person for whom a records check 1335
is required by any of those sections shall obtain the fingerprint 1336
impressions at a county sheriff's office, municipal police 1337
department, or any other entity with the ability to make 1338
fingerprint impressions on the standard impression sheets 1339
prescribed by the superintendent. The office, department, or 1340
entity may charge the person a reasonable fee for making the 1341
impressions. The standard impression sheets the superintendent 1342
prescribes pursuant to this division may be in a tangible format, 1343
in an electronic format, or in both tangible and electronic 1344
formats.1345

       (3) Subject to division (D) of this section, the 1346
superintendent shall prescribe and charge a reasonable fee for 1347
providing a criminal records check requested under section 121.08, 1348
173.41173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 1349
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 1350
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 1351
5153.111 of the Revised Code. The person making a criminal records 1352
request under section 121.08, 173.41173.27, 173.394, 2151.86, 1353
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 1354
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 1355
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the 1356
fee prescribed pursuant to this division. A person making a 1357
request under section 3701.881 of the Revised Code for a criminal 1358
records check for an applicant who may be both responsible for the 1359
care, custody, or control of a child and involved in providing 1360
direct care to an older adult shall pay one fee for the request.1361

       (4) The superintendent of the bureau of criminal 1362
identification and investigation may prescribe methods of 1363
forwarding fingerprint impressions and information necessary to 1364
conduct a criminal records check, which methods shall include, but 1365
not be limited to, an electronic method.1366

       (D) A determination whether any information exists that 1367
indicates that a person previously has been convicted of or 1368
pleaded guilty to any offense listed or described in division 1369
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1370
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), 1371
or (A)(9)(a) or (b) of this section that is made by the 1372
superintendent with respect to information considered in a 1373
criminal records check in accordance with this section is valid 1374
for the person who is the subject of the criminal records check 1375
for a period of one year from the date upon which the 1376
superintendent makes the determination. During the period in which 1377
the determination in regard to a person is valid, if another 1378
request under this section is made for a criminal records check 1379
for that person, the superintendent shall provide the information 1380
that is the basis for the superintendent's initial determination 1381
at a lower fee than the fee prescribed for the initial criminal 1382
records check.1383

       (E) As used in this section:1384

       (1) "Criminal records check" means any criminal records check 1385
conducted by the superintendent of the bureau of criminal 1386
identification and investigation in accordance with division (B) 1387
of this section.1388

       (2) "Home and community-based waiver services" and "waiver 1389
agency" have the same meanings as in section 5111.95 of the 1390
Revised Code.1391

       (3) "Independent provider" has the same meaning as in section 1392
5111.96 of the Revised Code.1393

       (4) "Minor drug possession offense" has the same meaning as 1394
in section 2925.01 of the Revised Code.1395

       (5) "Older adult" means a person age sixty or older.1396

       Sec. 113.09.  Except as provided in section 113.10 of the1397
Revised Code, all moneys deposited with the treasurer of state,1398
the disposition of which is not otherwise provided for by law,1399
shall be credited to the general revenue fund, which is hereby1400
created in the state treasury. If a warrant for the payment of1401
money from the state treasury has been illegally or improperly1402
issued by the auditor of state, or the amount of a warrant issued1403
by him exceeds the sum whichthat should have been named therein, 1404
and payment of such warrant or excess has been made by the 1405
treasurer of state, the director of budget and management shall, 1406
unless the account of the appropriation from which it was paid has 1407
been closed, credit the amount collected to such appropriation; 1408
but, if such account has been closed, hethe director shall credit1409
the amount so collected to the fund on which the warrant was 1410
originally drawn.1411

       All investment earnings on moneys deposited in the state1412
treasury shall be credited to the general revenue fund unless:1413

       (A) The disposition of the earnings is otherwise provided for 1414
by law;1415

       (B) The director of budget and management has provided in the 1416
plan approved under section 131.36 of the Revised Code that a1417
different fund is entitled to the earnings.1418

       Sec. 113.11.  No money shall be paid out of the state 1419
treasury or transferred elsewhere except on the warrant of the 1420
auditor of statedirector of budget and management. No money shall 1421
be paid out of a custodial fund of the treasurer of state except 1422
on proper order to the treasurer of state by the officer 1423
authorized by law to pay money out of the fund.1424

       The treasurer of state shall adopt rules prescribing the form 1425
and manner in which money may be paid out of the state treasury or 1426
a custodial fund of the treasurer of state.1427

       Sec. 113.12. The treasurer of state, on presentation, shall 1428
pay all warrants drawn on himthe treasurer of state by the 1429
auditor of statedirector of budget and management. At least once 1430
each month the treasurer of state shall surrender to the auditor 1431
of statedirector all warrants the treasurer of state has paid and 1432
shall accept the receipt of the auditor of statedirector1433
therefor. The receipt shall be held by the treasurer of state in 1434
place of such warrants and as evidence of their payment until an 1435
audit of the state treasury and the custodial funds of the 1436
treasurer of state has been completed.1437

       Sec. 120.36. (A) If(1) Subject to division (A)(2), (3), (4), 1438
(5), or (6) of this section, if a person who is a defendant in a 1439
criminal case or a party in a case in juvenile court requests or 1440
is provided a state public defender, a county or joint county 1441
public defender, or any other counsel appointed by the court, the 1442
court in which the criminal case is initially filed or the 1443
juvenile court, whichever is applicable, shall assess, unless the 1444
application fee is waived or reduced, a non-refundable application 1445
fee of twenty-five dollars.1446

        The court shall direct the person to pay the application fee 1447
to the clerk of court. The person shall pay the application fee to 1448
the clerk of court at the time the person files an affidavit of 1449
indigency or a financial disclosure form with the court, a state 1450
public defender, a county or joint county public defender, or any 1451
other counsel appointed by the court or within seven days of that 1452
date. If the person does not pay the application fee within that 1453
seven-day period, the court shall assess the application fee at 1454
sentencing or at the final disposition of the case.1455

       If a case involving a felony that was initially filed in a 1456
municipal court or a county court is bound over to the court of 1457
common pleas and the defendant in the case failed to pay the 1458
application fee in the municipal court or county court, the court 1459
of common pleas shall assess the application fee at the initial 1460
appearance of the defendant in the court of common pleas. If a 1461
case involving an alleged delinquent child is transferred to the 1462
court of common pleas for prosecution of the involved child as an 1463
adult and if the involved child failed to pay the fee in the 1464
juvenile court, the court of common pleas shall assess the 1465
application fee at the initial appearance of the child in the 1466
court of common pleas.1467

       (2) For purposes of this section, a criminal case includes 1468
any case involving a violation of any provision of the Revised 1469
Code or of an ordinance of a municipal corporation for which the 1470
potential penalty includes loss of liberty and includes any 1471
contempt proceeding in which a court may impose a term of 1472
imprisonment.1473

        (3) In a juvenile court proceeding, the court shall not 1474
assess the application fee against a child if the court appoints a 1475
guardian ad litem for the child or the court appoints an attorney 1476
to represent the child at the request of a guardian ad litem.1477

        (4) The court shall not assess an application fee for a 1478
postconviction proceeding or when the defendant files an appeal.1479

        (5)(a) Except when the court assesses an application fee 1480
pursuant to division (A)(5)(b) of this section, the court shall 1481
assess an application fee when a person is charged with a 1482
violation of a community control sanction or a violation of a 1483
post-release control sanction.1484

       (b) If a charge of violating a community control sanction or 1485
post-release control sanction described in division (A)(5)(a) of 1486
this section results in a person also being charged with violating 1487
any provision of the Revised Code or an ordinance of a municipal 1488
corporation, the court shall only assess an application fee for 1489
the case that results from the additional charge.1490

       (6) If a case is transferred from one court to another court 1491
and the person failed to pay the application fee to the court that 1492
initially assessed the application fee, the court that initially 1493
assessed the fee shall remove the assessment, and the court to 1494
which the case was transferred shall assess the application fee.1495

       (7) The court shall assess an application fee pursuant to 1496
this section one time per case. An appeal shall not be considered 1497
a separate case for the purpose of assessing the application fee1498
For purposes of assessing the application fee, a case means one 1499
complete proceeding or trial held in one court for a person on an 1500
indictment, information, complaint, petition, citation, writ, 1501
motion, or other document initiating a case that arises out of a 1502
single incident or a series of related incidents, or when one 1503
individual is charged with two or more offenses that the court 1504
handles simultaneously. The court may waive or reduce the fee for 1505
a specific person in a specific case upon a finding that the 1506
person lacks financial resources that are sufficient to pay the 1507
fee or that payment of the fee would result in an undue hardship.1508

        (B) No court, state public defender, county or joint county 1509
public defender, or other counsel appointed by the court shall 1510
deny a person the assistance of counsel solely due to the person's 1511
failure to pay the application fee assessed pursuant to division 1512
(A) of this section. A person's present inability, failure, or 1513
refusal to pay the application fee shall not disqualify that 1514
person from legal representation.1515

        (C) The application fee assessed pursuant to division (A) of 1516
this section is separate from and in addition to any other amount 1517
assessed against a person who is found to be able to contribute 1518
toward the cost of the person's legal representation pursuant to 1519
division (D) of section 2941.51 of the Revised Code.1520

        (D) The clerk of the court that assessed the fees shall 1521
forward all application fees collected pursuant to this section to 1522
the county treasurer for deposit in the county treasury. The 1523
county shall retain eighty per cent of the application fees so 1524
collected to offset the costs of providing legal representation to 1525
indigent persons. EachNot later than the last day of each month, 1526
the county auditor shall remit twenty per cent of the application 1527
fees so collected in the previous month to the state public 1528
defender. The state public defender shall deposit the remitted 1529
fees into the state treasury to the credit of the client payment 1530
fund created pursuant to division (B)(5) of section 120.04 of the 1531
Revised Code. The state public defender may use that money in 1532
accordance with that section.1533

        (E) On or before the first day of March of each year1534
twentieth day of each month beginning in February of the year 1535
2007, each clerk of court shall provide to the state public 1536
defender and the state auditor a report including all of the 1537
following:1538

        (1) The number of persons in the previous calendar yearmonth1539
who requested or were provided a state public defender, county or 1540
joint county public defender, or other counsel appointed by the 1541
court;1542

        (2) The number of persons in the previous calendar yearmonth1543
for whom the court waived the application fee pursuant to division 1544
(A) of this section;1545

        (3) The dollar value of the assessed application fees 1546
assessed pursuant to division (A) of this section in the previous 1547
calendar yearmonth;1548

        (4) The amount of assessed application fees collected in the 1549
previous calendar yearmonth;1550

        (5) The balance of unpaid assessed application fees at the 1551
open and close of the previous calendar yearmonth.1552

       (F) As used in this section:1553

        (1) "Clerk of court" means the clerk of the court of common 1554
pleas of the county, the clerk of the juvenile court of the 1555
county, the clerk of the domestic relations division of the court 1556
of common pleas of the county, the clerk of the probate court of 1557
the county, the clerk of a municipal court in the county, the 1558
clerk of a county-operated municipal court, or the clerk of a 1559
county court in the county, whichever is applicable.1560

        (2) "County-operated municipal court" has the same meaning as 1561
in section 1901.03 of the Revised Code.1562

       Sec. 120.52.  There is hereby established in the state1563
treasury the legal aid fund, which shall be for the charitable1564
public purpose of providing financial assistance to legal aid1565
societies that provide civil legal services to indigents. The fund 1566
shall contain all funds credited to it by the treasurer of state 1567
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 1568
4705.09, and 4705.10 of the Revised Code and income from 1569
investment credited to it by the treasurer of state in accordance 1570
with this section.1571

       The treasurer of state may invest moneys contained in the1572
legal aid fund in any manner authorized by the Revised Code for1573
the investment of state moneys. However, no such investment shall 1574
interfere with any apportionment, allocation, or payment of moneys 1575
in January and July of each calendar year, as required by section 1576
120.53 of the Revised Code. All income earned as a result of any 1577
such investment shall be credited to the fund.1578

       The state public defender, through the Ohio legal assistance 1579
foundation, shall administer the payment of moneys out of the 1580
fund. Four and one-half per cent of the moneys in the fund shall 1581
be reserved for the actual, reasonable costs of administering 1582
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 1583
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that 1584
are reserved for administrative costs but that are not used for 1585
actual, reasonable administrative costs shall be set aside for use 1586
in the manner described in division (A) of section 120.521 of the 1587
Revised Code. The remainder of the moneys in the legal aid fund1588
shall be distributed in accordance with section 120.53 of the 1589
Revised Code. The Ohio legal assistance foundation shall 1590
establish, in accordance with Chapter 119. of the Revised Code, 1591
rules governing the administration of the legal aid fund, 1592
including the programs established under sections 1901.26, 1593
1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code 1594
regarding interest on interest-bearing trust accounts of an1595
attorney, law firm, or legal professional association.1596

       Sec. 120.521.  (A) The state public defender shall establish 1597
a charitable, tax exempt foundation, named the Ohio legal 1598
assistance foundation, to actively solicit and accept gifts, 1599
bequests, donations, and contributions for use in providing 1600
financial assistance to legal aid societies, enhancing or 1601
improving the delivery of civil legal services to indigents, and 1602
operating the foundation. The Ohio legal assistance foundation 1603
shall deposit all gifts, bequests, donations, and contributions 1604
accepted by it into the legal assistance foundation fund 1605
established under this section. If the state public defender,1606
pursuant to section 120.52 of the Revised Code as it existed prior 1607
to the effective date of this section, established a charitable, 1608
tax exempt foundation named the Ohio legal assistance foundation 1609
and if that foundation is in existence on the day before the 1610
effective date of this section, that foundation shall continue in1611
existence and shall serve as the Ohio legal assistance foundation 1612
described in this section.1613

       There is hereby established the legal assistance foundation 1614
fund, which shall be under the custody and control of the Ohio 1615
legal assistance foundation. The fund shall contain all moneys 1616
distributed to the Ohio legal assistance foundation pursuant to 1617
section 120.53 of the Revised Code and all gifts, bequests, 1618
donations, and contributions accepted by the Ohio legal assistance 1619
foundation under this section.1620

       The Ohio legal assistance foundation shall distribute or use 1621
all moneys in the legal assistance foundation fund for the 1622
charitable public purpose of providing financial assistance to 1623
legal aid societies that provide civil legal services to 1624
indigents, enhancing or improving the delivery of civil legal 1625
services to indigents, and operating the foundation. The Ohio 1626
legal assistance foundation shall establish rules governing the1627
administration of the legal assistance foundation fund.1628

       The Ohio legal assistance foundation shall include, in the 1629
annual report it is required to make to the governor, the general 1630
assembly, and the supreme court pursuant to division (G)(2) of 1631
section 120.53 of the Revised Code, an audited financial statement 1632
on the distribution and use of the legal assistance foundation 1633
fund. No information contained in the statement shall identify or 1634
enable the identification of any person served by a legal aid 1635
society or in any way breach confidentiality.1636

       (B) A foundation is tax exempt for purposes of this section 1637
if the foundation is exempt from federal income taxation under 1638
subsection 501(a) of the "Internal Revenue Code of 1986," 100 1639
Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation 1640
has received from the internal revenue service a determination 1641
letter that is in effect stating that the foundation is exempt 1642
from federal income taxation under that subsection.1643

       Sec. 120.53.  (A) A legal aid society that operates within1644
the state may apply to the Ohio legal assistance foundation for1645
financial assistance from the legal aid fund established by1646
section 120.52 of the Revised Code to be used for the funding of1647
the society during the calendar year following the calendar year1648
in which application is made.1649

       (B) An application for financial assistance made under1650
division (A) of this section shall be submitted by the first day1651
of November of the calendar year preceding the calendar year for1652
which financial assistance is desired and shall include all of the 1653
following:1654

       (1) Evidence that the applicant is incorporated in this state 1655
as a nonprofit corporation;1656

       (2) A list of the trustees of the applicant;1657

       (3) The proposed budget of the applicant for these funds for 1658
the following calendar year;1659

       (4) A summary of the services to be offered by the applicant 1660
in the following calendar year;1661

       (5) A specific description of the territory or constituency 1662
served by the applicant;1663

       (6) An estimate of the number of persons to be served by the 1664
applicant during the following calendar year;1665

       (7) A general description of the additional sources of the1666
applicant's funding;1667

       (8) The amount of the applicant's total budget for the1668
calendar year in which the application is filed that it will1669
expend in that calendar year for legal services in each of the1670
counties it serves;1671

       (9) A specific description of any services, programs,1672
training, and legal technical assistance to be delivered by the1673
applicant or by another person pursuant to a contract with the1674
applicant, including, but not limited to, by private attorneys or1675
through reduced fee plans, judicare panels, organized pro bono1676
programs, and mediation programs.1677

       (C) The Ohio legal assistance foundation shall determine1678
whether each applicant that filed an application for financial1679
assistance under division (A) of this section in a calendar year1680
is eligible for financial assistance under this section. To be1681
eligible for such financial assistance, an applicant shall satisfy 1682
the criteria for being a legal aid society and shall be in 1683
compliance with the provisions of sections 120.51 to 120.55 of the 1684
Revised Code and with the rules and requirements the foundation 1685
establishes pursuant to section 120.52 of the Revised Code. The 1686
Ohio legal assistance foundation then, on or before the fifteenth 1687
day of December of the calendar year in which the application is1688
filed, shall notify each such applicant, in writing, whether it is 1689
eligible for financial assistance under this section, and if it is 1690
eligible, estimate the amount that will be available for that 1691
applicant for each six-month distribution period, as determined 1692
under division (D) of this section.1693

       (D) The Ohio legal assistance foundation shall allocate1694
moneys contained in the legal aid fund twice each yearmonthly for1695
distribution to applicants that filed their applications in the1696
previous calendar year and wereare determined to be eligible1697
applicants.1698

       All moneys contained in the fund on the first day of January 1699
of a calendar yeareach month shall be allocated, after deduction 1700
of the costs of administering sections 120.51 to 120.55 and 1701
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 1702
4705.10 of the Revised Code that are authorized by section 120.52 1703
of the Revised Code, according to this section and shall be 1704
distributed accordingly on the thirty-first day of January of that 1705
calendar year, and all moneys contained in the fund on the first 1706
day of July of that calendar year shall be allocated, after 1707
deduction of the costs of administering those sections that are 1708
authorized by section 120.52 of the Revised Code, according to 1709
this section and shall be distributed accordingly on the 1710
thirty-first day of July of that calendar yearnot later than the 1711
last day of the month following the month the moneys were 1712
received. In making the allocations under this section, the moneys 1713
in the fund that were generated pursuant to sections 1901.26, 1714
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised 1715
Code and all income generated from the investment of such moneys1716
shall be apportioned as follows:1717

       (1) After deduction of the amount authorized and used for1718
actual, reasonable administrative costs under section 120.52 of1719
the Revised Code:1720

       (a) Five per cent of the moneys remaining in the fund shall 1721
be reserved for use in the manner described in division (A) of 1722
section 120.521 of the Revised Code or for distribution to legal 1723
aid societies that provide assistance to special population groups 1724
of their eligible clients, engage in special projects that have a1725
substantial impact on their local service area or on significant1726
segments of the state's poverty population, or provide legal1727
training or support to other legal aid societies in the state;1728

       (b) After deduction of the amount described in division1729
(D)(1)(a) of this section, one and three-quarters per cent of the1730
moneys remaining in the fund shall be apportioned among entities1731
that received financial assistance from the legal aid fund prior1732
to the effective date of this amendment but that, on and after the 1733
effective date of this amendment, no longer qualify as a legal aid 1734
society that is eligible for financial assistance under this 1735
section.1736

       (c) After deduction of the amounts described in divisions 1737
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 1738
remaining in the fund shall be placed in the legal assistance 1739
foundation fund for use in the manner described in division (A) of 1740
section 120.521 of the Revised Code.1741

       (2) After deduction of the actual, reasonable administrative 1742
costs under section 120.52 of the Revised Code and after deduction 1743
of the amounts identified in divisions (D)(1)(a), (b), and (c) of 1744
this section, the remaining moneys shall be apportioned among the 1745
counties that are served by eligible legal aid societies that have 1746
applied for financial assistance under this section so that each 1747
such county is apportioned a portion of those moneys, based upon 1748
the ratio of the number of indigents who reside in that county to 1749
the total number of indigents who reside in all counties of this 1750
state that are served by eligible legal aid societies that have 1751
applied for financial assistance under this section. Subject to 1752
division (E) of this section, the moneys apportioned to a county 1753
under this division then shall be allocated to the eligible legal 1754
aid society that serves the county and that has applied for 1755
financial assistance under this section. For purposes of this 1756
division, the source of data identifying the number of indigent 1757
persons who reside in a county shall be the most recent decennial 1758
census figures from the United States department of commerce, 1759
division of census.1760

       (E) If the Ohio legal assistance foundation, in attempting to 1761
make an allocation of moneys under division (D)(2) of this1762
section, determines that a county that has been apportioned money1763
under that division is served by more than one eligible legal aid1764
society that has applied for financial assistance under this1765
section, the Ohio legal assistance foundation shall allocate the1766
moneys that have been apportioned to that county under division1767
(D)(2) of this section among all eligible legal aid societies that 1768
serve that county and that have applied for financial assistance 1769
under this section on a pro rata basis, so that each such eligible 1770
society is allocated a portion based upon the amount of its total 1771
budget expended in the prior calendar year for legal services in 1772
that county as compared to the total amount expended in the prior 1773
calendar year for legal services in that county by all eligible 1774
legal aid societies that serve that county and that have applied 1775
for financial assistance under this section.1776

       (F) Moneys allocated to eligible applicants under this1777
section shall be paid twice annually, on the thirty-first day of1778
January and on the thirty-first day of July ofmonthly beginning1779
the calendar year following the calendar year in which the 1780
application is filed.1781

       (G)(1) A legal aid society that receives financial assistance 1782
in any calendar year under this section shall file an annual 1783
report with the Ohio legal assistance foundation detailing the 1784
number and types of cases handled, and the amount and types of 1785
legal training, legal technical assistance, and other service1786
provided, by means of that financial assistance. No information1787
contained in the report shall identify or enable the1788
identification of any person served by the legal aid society or in 1789
any way breach client confidentiality.1790

       (2) The Ohio legal assistance foundation shall make an annual 1791
report to the governor, the general assembly, and the supreme 1792
court on the distribution and use of the legal aid fund. The1793
foundation also shall include in the annual report an audited 1794
financial statement of all gifts, bequests, donations, 1795
contributions, and other moneys the foundation receives. No 1796
information contained in the report shall identify or enable the 1797
identification of any person served by a legal aid society, or in 1798
any way breach confidentiality.1799

       (H) A legal aid society may enter into agreements for the1800
provision of services, programs, training, or legal technical1801
assistance for the legal aid society or to indigent persons.1802

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family1803
and children first cabinet council. The council shall be composed1804
of the superintendent of public instruction and the directors of1805
youth services, job and family services, mental health, health,1806
alcohol and drug addiction services, mental retardation and1807
developmental disabilities, and budget and management. The1808
chairperson of the council shall be the governor or the governor's1809
designee and shall establish procedures for the council's internal1810
control and management.1811

       (2) The purpose of the cabinet council is to help families1812
seeking government services. This section shall not be interpreted 1813
or applied to usurp the role of parents, but solely to streamline 1814
and coordinate existing government services for families seeking 1815
assistance for their children.1816

       In seeking to fulfill its purpose, the council may do any of1817
the following:1818

       (a) Advise and make recommendations to the governor and1819
general assembly regarding the provision of services to children;1820

       (b) Advise and assess local governments on the coordination1821
of service delivery to children;1822

       (c) Hold meetings at such times and places as may be1823
prescribed by the council's procedures and maintain records of the1824
meetings, except that records identifying individual children are1825
confidential and shall be disclosed only as provided by law;1826

       (d) Develop programs and projects, including pilot projects,1827
to encourage coordinated efforts at the state and local level to1828
improve the state's social service delivery system;1829

       (e) Enter into contracts with and administer grants to county 1830
family and children first councils, as well as other county or1831
multicounty organizations to plan and coordinate service delivery1832
between state agencies and local service providers for families1833
and children;1834

       (f) Enter into contracts with and apply for grants from1835
federal agencies or private organizations;1836

       (g) Enter into interagency agreements to encourage1837
coordinated efforts at the state and local level to improve the1838
state's social service delivery system. The agreements may include 1839
provisions regarding the receipt, transfer, and expenditure of 1840
funds;1841

       (h) Identify public and private funding sources for services1842
provided to alleged or adjudicated unruly children and children1843
who are at risk of being alleged or adjudicated unruly children,1844
including regulations governing access to and use of the services;1845

       (i) Collect information provided by local communities1846
regarding successful programs for prevention, intervention, and1847
treatment of unruly behavior, including evaluations of the1848
programs;1849

       (j) Identify and disseminate publications regarding alleged1850
or adjudicated unruly children and children who are at risk of1851
being alleged or adjudicated unruly children and regarding1852
programs serving those types of children;1853

       (k) Maintain an inventory of strategic planning facilitators1854
for use by government or nonprofit entities that serve alleged or1855
adjudicated unruly children or children who are at risk of being1856
alleged or adjudicated unruly children.1857

       (3) The cabinet council shall provide for the following:1858

       (a) Reviews of service and treatment plans for children for1859
which such reviews are requested;1860

       (b) Assistance as the council determines to be necessary to1861
meet the needs of children referred by county family and children1862
first councils;1863

       (c) Monitoring and supervision of a statewide, comprehensive, 1864
coordinated, multi-disciplinary, interagency system for infants 1865
and toddlers with developmental disabilities or delays and their 1866
families, as established pursuant to federal grants received and 1867
administered by the department of health for early intervention 1868
services under the "Individuals with Disabilities Education Act of 1869
2004," 20 U.S.C.A. 1400, as amended.1870

       (B)(1) Each board of county commissioners shall establish a1871
county family and children first council. The board may invite any 1872
local public or private agency or group that funds, advocates, or 1873
provides services to children and families to have a1874
representative become a permanent or temporary member of its1875
county council. Each county council must include the following1876
individuals:1877

       (a) At least three individuals who are not employed by an 1878
agency represented on the council and whose families are or have1879
received services from an agency represented on the council or1880
another county's council. Where possible, the number of members1881
representing families shall be equal to twenty per cent of the1882
council's membership.1883

       (b) The director of the board of alcohol, drug addiction, and 1884
mental health services that serves the county, or, in the case of 1885
a county that has a board of alcohol and drug addiction services 1886
and a community mental health board, the directors of both boards. 1887
If a board of alcohol, drug addiction, and mental health services 1888
covers more than one county, the director may designate a person 1889
to participate on the county's council.1890

       (c) The health commissioner, or the commissioner's designee,1891
of the board of health of each city and general health district in1892
the county. If the county has two or more health districts, the1893
health commissioner membership may be limited to the commissioners1894
of the two districts with the largest populations.1895

       (d) The director of the county department of job and family1896
services;1897

       (e) The executive director of the public children services 1898
agency;1899

       (f) The superintendent of the county board of mental1900
retardation and developmental disabilities;1901

       (g) The county's juvenile court judge senior in service or1902
another judge of the juvenile court designated by the1903
administrative judge or, where there is no administrative judge,1904
by the judge senior in service;1905

       (h) The superintendent of the city, exempted village, or1906
local school district with the largest number of pupils residing1907
in the county, as determined by the department of education, which1908
shall notify each board of county commissioners of its1909
determination at least biennially;1910

       (i) A school superintendent representing all other school1911
districts with territory in the county, as designated at a1912
biennial meeting of the superintendents of those districts;1913

       (j) A representative of the municipal corporation with the1914
largest population in the county;1915

       (k) The president of the board of county commissioners or an 1916
individual designated by the board;1917

       (l) A representative of the regional office of the department 1918
of youth services;1919

       (m) A representative of the county's head start agencies, as1920
defined in section 3301.32 of the Revised Code;1921

       (n) A representative of the county's early intervention1922
collaborative established pursuant to the federal early1923
intervention program operated under the "Education of the1924
Handicapped Act Amendments of 1986";1925

       (o) A representative of a local nonprofit entity that funds,1926
advocates, or provides services to children and families.1927

       Notwithstanding any other provision of law, the public1928
members of a county council are not prohibited from serving on the1929
council and making decisions regarding the duties of the council,1930
including those involving the funding of joint projects and those1931
outlined in the county's service coordination mechanism1932
implemented pursuant to division (C) of this section.1933

       The cabinet council shall establish a state appeals process1934
to resolve disputes among the members of a county council1935
concerning whether reasonable responsibilities as members are1936
being shared. The appeals process may be accessed only by a1937
majority vote of the council members who are required to serve on1938
the council. Upon appeal, the cabinet council may order that state1939
funds for services to children and families be redirected to a 1940
county's board of county commissioners.1941

       (2) The purpose of the county council is to streamline and 1942
coordinate existing government services for families seeking 1943
services for their children. In seeking to fulfill its purpose, a 1944
county council shall provide for the following:1945

       (a) Referrals to the cabinet council of those children for1946
whom the county council cannot provide adequate services;1947

       (b) Development and implementation of a process that annually 1948
evaluates and prioritizes services, fills service gaps where 1949
possible, and invents new approaches to achieve better results for 1950
families and children;1951

       (c) Participation in the development of a countywide,1952
comprehensive, coordinated, multi-disciplinary, interagency system1953
for infants and toddlers with developmental disabilities or delays1954
and their families, as established pursuant to federal grants1955
received and administered by the department of health for early1956
intervention services under the "Education of the Handicapped Act1957
Amendments of 1986";1958

       (d) Maintenance of an accountability system to monitor the1959
county council's progress in achieving results for families and1960
children;1961

       (e) Establishment of a mechanism to ensure ongoing input from 1962
a broad representation of families who are receiving services1963
within the county system.1964

       (3)(a) Except as provided in division (B)(3)(b) of this1965
section, a county council shall comply with the policies,1966
procedures, and activities prescribed by the rules or interagency1967
agreements of a state department participating on the cabinet1968
council whenever the county council performs a function subject to1969
those rules or agreements.1970

       (b) On application of a county council, the cabinet council1971
may grant an exemption from any rules or interagency agreements of1972
a state department participating on the council if an exemption is1973
necessary for the council to implement an alternative program or1974
approach for service delivery to families and children. The1975
application shall describe the proposed program or approach and1976
specify the rules or interagency agreements from which an1977
exemption is necessary. The cabinet council shall approve or1978
disapprove the application in accordance with standards and1979
procedures it shall adopt. If an application is approved, the1980
exemption is effective only while the program or approach is being1981
implemented, including a reasonable period during which the1982
program or approach is being evaluated for effectiveness.1983

       (4)(a) Each county council shall designate an administrative1984
agent for the council from among the following public entities:1985
the board of alcohol, drug addiction, and mental health services,1986
including a board of alcohol and drug addiction or a community1987
mental health board if the county is served by separate boards;1988
the board of county commissioners; any board of health of the1989
county's city and general health districts; the county department1990
of job and family services; the county agency responsible for the1991
administration of children services pursuant to section 5153.15 of1992
the Revised Code; the county board of mental retardation and1993
developmental disabilities; any of the county's boards of1994
education or governing boards of educational service centers; or1995
the county's juvenile court. Any of the foregoing public entities, 1996
other than the board of county commissioners, may decline to serve1997
as the council's administrative agent.1998

       A county council's administrative agent shall serve as the1999
council's appointing authority for any employees of the council.2000
The council shall file an annual budget with its administrative2001
agent, with copies filed with the county auditor and with the2002
board of county commissioners, unless the board is serving as the2003
council's administrative agent. The council's administrative agent 2004
shall ensure that all expenditures are handled in accordance with 2005
policies, procedures, and activities prescribed by state2006
departments in rules or interagency agreements that are applicable2007
to the council's functions.2008

       The administrative agent for a county council may do any of2009
the following on behalf of the council:2010

       (i) Enter into agreements or administer contracts with public 2011
or private entities to fulfill specific council business. Such 2012
agreements and contracts are exempt from the competitive bidding 2013
requirements of section 307.86 of the Revised Code if they have 2014
been approved by the county council and they are for the purchase 2015
of family and child welfare or child protection services or other 2016
social or job and family services for families and children. The 2017
approval of the county council is not required to exempt 2018
agreements or contracts entered into under section 5139.34,2019
5139.41, or 5139.43 of the Revised Code from the competitive2020
bidding requirements of section 307.86 of the Revised Code.2021

       (ii) As determined by the council, provide financial2022
stipends, reimbursements, or both, to family representatives for2023
expenses related to council activity;2024

       (iii) Receive by gift, grant, devise, or bequest any moneys,2025
lands, or other property for the purposes for which the council is2026
established. The agent shall hold, apply, and dispose of the2027
moneys, lands, or other property according to the terms of the2028
gift, grant, devise, or bequest. Any interest or earnings shall be 2029
treated in the same manner and are subject to the same terms as2030
the gift, grant, devise, or bequest from which it accrues.2031

       (b)(i) If the county council designates the board of county2032
commissioners as its administrative agent, the board may, by2033
resolution, delegate any of its powers and duties as2034
administrative agent to an executive committee the board2035
establishes from the membership of the county council. The board2036
shall name to the executive committee at least the individuals2037
described in divisions (B)(1)(a) to (i) of this section and may 2038
appoint the president of the board or another individual as the 2039
chair of the executive committee. The executive committee must 2040
include at least one family county council representative who does 2041
not have a family member employed by an agency represented on the 2042
council.2043

       (ii) The executive committee may, with the approval of the2044
board, hire an executive director to assist the county council in2045
administering its powers and duties. The executive director shall2046
serve in the unclassified civil service at the pleasure of the2047
executive committee. The executive director may, with the approval 2048
of the executive committee, hire other employees as necessary to 2049
properly conduct the county council's business.2050

       (iii) The board may require the executive committee to submit 2051
an annual budget to the board for approval and may amend or repeal 2052
the resolution that delegated to the executive committee its 2053
authority as the county council's administrative agent.2054

       (5) Two or more county councils may enter into an agreement2055
to administer their county councils jointly by creating a regional2056
family and children first council. A regional council possesses2057
the same duties and authority possessed by a county council,2058
except that the duties and authority apply regionally rather than2059
to individual counties. Prior to entering into an agreement to2060
create a regional council, the members of each county council to2061
be part of the regional council shall meet to determine whether2062
all or part of the members of each county council will serve as2063
members of the regional council.2064

       (6) A board of county commissioners may approve a resolution2065
by a majority vote of the board's members that requires the county2066
council to submit a statement to the board each time the council2067
proposes to enter into an agreement, adopt a plan, or make a2068
decision, other than a decision pursuant to section 121.38 of the2069
Revised Code, that requires the expenditure of funds for two or2070
more families. The statement shall describe the proposed2071
agreement, plan, or decision.2072

       Not later than fifteen days after the board receives the2073
statement, it shall, by resolution approved by a majority of its2074
members, approve or disapprove the agreement, plan, or decision.2075
Failure of the board to pass a resolution during that time period2076
shall be considered approval of the agreement, plan, or decision.2077

       An agreement, plan, or decision for which a statement is2078
required to be submitted to the board shall be implemented only if2079
it is approved by the board.2080

       (C) Each county shall develop a county service coordination2081
mechanism. The county service coordination mechanism shall serve 2082
as the guiding document for coordination of services in the 2083
county. For children who also receive services under the help me 2084
grow program, the service coordination mechanism shall be 2085
consistent with rules adopted by the department of health under 2086
section 3701.61 of the Revised Code. All family service 2087
coordination plans shall be developed in accordance with the 2088
county service coordination mechanism. The mechanism shall be 2089
developed and approved with the participation of the county2090
entities representing child welfare; mental retardation and 2091
developmental disabilities; alcohol, drug addiction, and mental 2092
health services; health; juvenile judges; education; the county 2093
family and children first council; and the county early2094
intervention collaborative established pursuant to the federal 2095
early intervention program operated under the "Education of the2096
Handicapped Act Amendments of 1986." The county shall establish an 2097
implementation schedule for the mechanism. The cabinet council may 2098
monitor the implementation and administration of each county's 2099
service coordination mechanism.2100

       Each mechanism shall include all of the following:2101

       (1) A procedure for an agency, including a juvenile court, or 2102
a family voluntarily seeking service coordination, to refer the 2103
child and family to the county council for service coordination in 2104
accordance with the county service coordination mechanism;2105

       (2) A procedure ensuring that a family and all appropriate 2106
staff from involved agencies, including a representative from the 2107
appropriate school district, are notified of and invited to 2108
participate in all family service coordination plan meetings;2109

        (3) A procedure that permits a family to initiate a meeting 2110
to develop or review the family's service coordination plan and 2111
allows the family to invite a family advocate, mentor, or support 2112
person of the family's choice to participate in any such meeting;2113

        (4) A procedure for ensuring that a family service 2114
coordination plan meeting is conducted before a non-emergencyfor 2115
each child who receives service coordination under the mechanism 2116
and for whom an emergency out-of-home placement for all multi-need 2117
children, orhas been made or for whom a nonemergency out-of-home 2118
placement is being considered. The meeting shall be conducted2119
within ten days of aan emergency out-of-home placement for 2120
emergency placements of multi-need children. The meeting shall be 2121
conducted before a nonemergency out-of-home placement. The family 2122
service coordination plan shall outline how the county council 2123
members will jointly pay for services, where applicable, and 2124
provide services in the least restrictive environment.2125

        (5) A procedure for monitoring the progress and tracking the 2126
outcomes of each service coordination plan requested in the county 2127
including monitoring and tracking children in out-of-home 2128
placements to assure continued progress, appropriateness of 2129
placement, and continuity of care after discharge from placement 2130
with appropriate arrangements for housing, treatment, and 2131
education.2132

        (6) A procedure for protecting the confidentiality of all 2133
personal family information disclosed during service coordination 2134
meetings or contained in the comprehensive family service 2135
coordination plan.2136

        (7) A procedure for assessing the needs and strengths of any 2137
child or family that has been referred to the council for service 2138
coordination, including a child whose parent or custodian is 2139
voluntarily seeking services, and for ensuring that parents and 2140
custodians are afforded the opportunity to participate;2141

       (8) A procedure for development of a family service 2142
coordination plan described in division (D) of this section;2143

       (9) A local dispute resolution process to serve as the2144
process that must be used first to resolve disputes among the2145
agencies represented on the county council concerning the2146
provision of services to children, including children who are2147
abused, neglected, dependent, unruly, alleged unruly, or2148
delinquent children and under the jurisdiction of the juvenile2149
court and children whose parents or custodians are voluntarily2150
seeking services. The local dispute resolution process shall2151
comply with section 121.38 of the Revised Code. The local dispute 2152
resolution process shall be used to resolve disputes between a 2153
child's parents or custodians and the county council regarding 2154
service coordination. The county council shall inform the parents 2155
or custodians of their right to use the dispute resolution 2156
process. Parents or custodians shall use existing local agency 2157
grievance procedures to address disputes not involving service 2158
coordination. The dispute resolution process is in addition to and 2159
does not replace other rights or procedures that parents or 2160
custodians may have under other sections of the Revised Code.2161

       The cabinet council shall adopt rules in accordance with 2162
Chapter 119. of the Revised Code establishing an administrative2163
review process to address problems that arise concerning the 2164
operation of a local dispute resolution process.2165

        Nothing in division (C)(4) of this section shall be 2166
interpreted as overriding or affecting decisions of a juvenile 2167
court regarding an out-of-home placement, long-term placement, or 2168
emergency out-of-home placement.2169

       (D) Each county shall develop a comprehensive family service 2170
coordination plan that does all of the following:2171

       (1) Designates service responsibilities among the various2172
state and local agencies that provide services to children and2173
their families, including children who are abused, neglected,2174
dependent, unruly, or delinquent children and under the2175
jurisdiction of the juvenile court and children whose parents or2176
custodians are voluntarily seeking services;2177

       (2) Designates an individual, approved by the family, to 2178
track the progress of the family service coordination plan, 2179
schedule reviews as necessary, and facilitate the family service 2180
coordination plan meeting process;2181

        (3) Ensures that assistance and services to be provided are 2182
responsive to the strengths and needs of the family, as well as 2183
the family's culture, race, and ethnic group, by allowing the 2184
family to offer information and suggestions and participate in 2185
decisions. Identified assistance and services shall be provided in 2186
the least restrictive environment possible.2187

        (4) Includes a process for dealing with a child who is 2188
alleged to be an unruly child. The process shall include methods 2189
to divert the child from the juvenile court system;2190

       (5) Includes timelines for completion of goals specified in 2191
the plan with regular reviews scheduled to monitor progress toward 2192
those goals;2193

        (6) Includes a plan for dealing with short-term crisis 2194
situations and safety concerns.2195

       (E)(1) The process provided for under division (D)(4) of this 2196
section may include, but is not limited to, the following:2197

        (a) Designation of the person or agency to conduct the2198
assessment of the child and the child's family as described in2199
division (C)(7) of this section and designation of the instrument 2200
or instruments to be used to conduct the assessment;2201

       (b) An emphasis on the personal responsibilities of the child 2202
and the parental responsibilities of the parents, guardian, or 2203
custodian of the child;2204

       (c) Involvement of local law enforcement agencies and2205
officials.2206

       (2) The method to divert a child from the juvenile court2207
system that must be included in the service coordination process2208
may include, but is not limited to, the following:2209

       (a) The preparation of a complaint under section 2151.27 of2210
the Revised Code alleging that the child is an unruly child and2211
notifying the child and the parents, guardian, or custodian that2212
the complaint has been prepared to encourage the child and the2213
parents, guardian, or custodian to comply with other methods to2214
divert the child from the juvenile court system;2215

       (b) Conducting a meeting with the child, the parents,2216
guardian, or custodian, and other interested parties to determine2217
the appropriate methods to divert the child from the juvenile2218
court system;2219

        (c) A method to provide to the child and the child's family a 2220
short-term respite from a short-term crisis situation involving a 2221
confrontation between the child and the parents, guardian, or2222
custodian;2223

       (d) A program to provide a mentor to the child or the2224
parents, guardian, or custodian;2225

       (e) A program to provide parenting education to the parents,2226
guardian, or custodian;2227

       (f) An alternative school program for children who are truant 2228
from school, repeatedly disruptive in school, or suspended or 2229
expelled from school;2230

       (g) Other appropriate measures, including, but not limited2231
to, any alternative methods to divert a child from the juvenile2232
court system that are identified by the Ohio family and children2233
first cabinet council.2234

       (F) Each county may review and revise the service2235
coordination process described in division (D) of this section2236
based on the availability of funds under Title IV-A of the "Social2237
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,2238
or to the extent resources are available from any other federal,2239
state, or local funds.2240

       Sec. 122.17.  (A) As used in this section:2241

       (1) "Full-time employee" means an individual who is employed 2242
for consideration for at least thirty-five hours a week, or who 2243
renders any other standard of service generally accepted by custom 2244
or specified by contract as full-time employment.2245

       (2) "New employee" means one of the following:2246

       (a) A full-time employee first employed by a taxpayer in the 2247
project that is the subject of the agreement after the taxpayer 2248
enters into a tax credit agreement with the tax credit authority 2249
under this section;2250

       (b) A full-time employee first employed by a taxpayer in the 2251
project that is the subject of the tax credit after the tax credit 2252
authority approves a project for a tax credit under this section 2253
in a public meeting, as long as the taxpayer enters into the tax 2254
credit agreement prepared by the department of development after 2255
such meeting within sixty days after receiving the agreement from 2256
the department. If the taxpayer fails to enter into the agreement 2257
within sixty days, "new employee" has the same meaning as under 2258
division (A)(2)(a) of this section.2259

       Under division (A)(2)(a) or (b) of this section, if the tax2260
credit authority determines it appropriate, "new employee" also2261
may include an employee re-hired or called back from lay-off to2262
work in a new facility or on a new product or service established2263
or produced by the taxpayer after entering into the agreement2264
under this section or after the tax credit authority approves the2265
tax credit in a public meeting. Except as otherwise provided in 2266
this paragraph, "new employee" does not include any employee of 2267
the taxpayer who was previously employed in this state by a 2268
related member of the taxpayer and whose employment was shifted to 2269
the taxpayer after the taxpayer entered into the tax credit 2270
agreement or after the tax credit authority approved the credit in 2271
a public meeting, or any employee of the taxpayer for which the 2272
taxpayer has been granted a certificate under division (B) of 2273
section 5709.66 of the Revised Code. However, if the taxpayer is 2274
engaged in the enrichment and commercialization of uranium or 2275
uranium products or is engaged in research and development 2276
activities related thereto and if the tax credit authority 2277
determines it appropriate, "new employee" may include an employee 2278
of the taxpayer who was previously employed in this state by a 2279
related member of the taxpayer and whose employment was shifted to 2280
the taxpayer after the taxpayer entered into the tax credit 2281
agreement or after the tax credit authority approved the credit in 2282
a public meeting. "New employee" does not include an employee of 2283
the taxpayer who is employed in an employment position that was2284
relocated to a project from other operations of the taxpayer in2285
this state or from operations of a related member of the taxpayer 2286
in this state. In addition, "new employee" does not include a 2287
child, grandchild, parent, or spouse, other than a spouse who is 2288
legally separated from the individual, of any individual who is an 2289
employee of the taxpayer and who has a direct or indirect 2290
ownership interest of at least five per cent in the profits, 2291
capital, or value of the taxpayer. Such ownership interest shall 2292
be determined in accordance with section 1563 of the Internal 2293
Revenue Code and regulations prescribed thereunder.2294

       (3) "New income tax revenue" means the total amount withheld 2295
under section 5747.06 of the Revised Code by the taxpayer during 2296
the taxable year, or during the calendar year that includes the 2297
tax period, from the compensation of new employees for the tax 2298
levied under Chapter 5747. of the Revised Code.2299

       (4) "Related member" has the same meaning as under division 2300
(A)(6) of section 5733.042 of the Revised Code without regard to 2301
division (B) of that section.2302

       (B) The tax credit authority may make grants under this2303
section to foster job creation in this state. Such a grant shall2304
take the form of a refundable credit allowed against the tax2305
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied 2306
under Chapter 5751. of the Revised Code. The credit shall be 2307
claimed for the taxable years or tax periods specified in the2308
taxpayer's agreement with the tax credit authority under division2309
(D) of this section. With respect to taxes imposed under section 2310
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the 2311
credit shall be claimed in the order required under section 2312
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of 2313
the credit available for a taxable year or for a calendar year 2314
that includes a tax period equals the new income tax revenue for 2315
that year multiplied by the percentage specified in the agreement 2316
with the tax credit authority. Any credit granted under this 2317
section against the tax imposed by section 5733.06 or 5747.02 of 2318
the Revised Code, to the extent not fully utilized against such 2319
tax for taxable years ending prior to 2008, shall automatically be 2320
converted without any action taken by the tax credit authority to 2321
a credit against the tax levied under Chapter 5751. of the Revised 2322
Code for tax periods beginning on or after July 1, 2008, provided 2323
that the person to whom the credit was granted is subject to such 2324
tax. The converted credit shall apply to those calendar years in 2325
which the remaining taxable years specified in the agreement end.2326

       (C) A taxpayer or potential taxpayer who proposes a project 2327
to create new jobs in this state may apply to the tax credit 2328
authority to enter into an agreement for a tax credit under this 2329
section. The director of development shall prescribe the form of 2330
the application. After receipt of an application, the authority 2331
may enter into an agreement with the taxpayer for a credit under 2332
this section if it determines all of the following:2333

       (1) The taxpayer's project will create new jobs in this2334
state;2335

       (2) The taxpayer's project is economically sound and will2336
benefit the people of this state by increasing opportunities for2337
employment and strengthening the economy of this state;2338

       (3) Receiving the tax credit is a major factor in the2339
taxpayer's decision to go forward with the project.2340

       (D) An agreement under this section shall include all of the 2341
following:2342

       (1) A detailed description of the project that is the subject 2343
of the agreement;2344

       (2) The term of the tax credit, which shall not exceed 2345
fifteen years, and the first taxable year, or first calendar year 2346
that includes a tax period, for which the credit may be claimed;2347

       (3) A requirement that the taxpayer shall maintain operations 2348
at the project location for at least twice the number of years as 2349
the term of the tax credit;2350

       (4) The percentage, as determined by the tax credit2351
authority, of new income tax revenue that will be allowed as the2352
amount of the credit for each taxable year or for each calendar 2353
year that includes a tax period;2354

       (5) A specific method for determining how many new employees 2355
are employed during a taxable year or during a calendar year that 2356
includes a tax period;2357

       (6) A requirement that the taxpayer annually shall report to 2358
the director of development the number of new employees, the new 2359
income tax revenue withheld in connection with the new employees, 2360
and any other information the director needs to perform the 2361
director's duties under this section;2362

       (7) A requirement that the director of development annually 2363
shall verify the amounts reported under division (D)(6) of this 2364
section, and after doing so shall issue a certificate to the 2365
taxpayer stating that the amounts have been verified;2366

       (8)(a) A provision requiring that the taxpayer, except as 2367
otherwise provided in division (D)(8)(b) of this section, shall 2368
not relocate employment positions from elsewhere in this state to 2369
the project site that is the subject of the agreement for the 2370
lesser of five years from the date the agreement is entered into 2371
or the number of years the taxpayer is entitled to claim the tax 2372
credit.2373

       (b) The taxpayer may relocate employment positions from 2374
elsewhere in this state to the project site that is the subject of 2375
the agreement if the director of development determines both of 2376
the following:2377

       (i) That the site from which the employment positions would 2378
be relocated is inadequate to meet market and industry conditions, 2379
expansion plans, consolidation plans, or other business 2380
considerations affecting the taxpayer;2381

       (ii) That the legislative authority of the county, township, 2382
or municipal corporation from which the employment positions would2383
be relocated has been notified of the relocation.2384

       For purposes of this section, the movement of an employment 2385
position from one political subdivision to another political 2386
subdivision shall be considered a relocation of an employment 2387
position, but the transfer of an individual employee from one 2388
political subdivision to another political subdivision shall not 2389
be considered a relocation of an employment position as long as 2390
the individual's employment position in the first political 2391
subdivision is refilled.2392

       (E) If a taxpayer fails to meet or comply with any condition 2393
or requirement set forth in a tax credit agreement, the tax credit 2394
authority may amend the agreement to reduce the percentage or term 2395
of the tax credit. The reduction of the percentage or term shall 2396
take effect in the taxable year immediately following the taxable 2397
year in which the authority amends the agreement or in the first 2398
tax period beginning in the calendar year immediately following 2399
the calendar year in which the authority amends the agreement. If 2400
the taxpayer relocates employment positions in violation of the2401
provision required under division (D)(8)(a) of this section, the 2402
taxpayer shall not claim the tax credit under section 5733.0610 of 2403
the Revised Code for any tax years following the calendar year in 2404
which the relocation occurs, or shall not claim the tax credit 2405
under section 5725.32, 5729.032, or 5747.058 of the Revised Code 2406
for the taxable year in which the relocation occurs and any 2407
subsequent taxable years, and shall not claim the tax credit under 2408
division (A) of section 5751.50 of the Revised Code for any tax 2409
period in the calendar year in which the relocation occurs and any 2410
subsequent tax periods.2411

       (F) Projects that consist solely of point-of-final-purchase 2412
retail facilities are not eligible for a tax credit under this 2413
section. If a project consists of both point-of-final-purchase 2414
retail facilities and nonretail facilities, only the portion of 2415
the project consisting of the nonretail facilities is eligible for 2416
a tax credit and only the new income tax revenue from new 2417
employees of the nonretail facilities shall be considered when 2418
computing the amount of the tax credit. If a warehouse facility is 2419
part of a point-of-final-purchase retail facility and supplies 2420
only that facility, the warehouse facility is not eligible for a 2421
tax credit. Catalog distribution centers are not considered2422
point-of-final-purchase retail facilities for the purposes of this 2423
division, and are eligible for tax credits under this section.2424

       (G) Financial statements and other information submitted to 2425
the department of development or the tax credit authority by an 2426
applicant or recipient of a tax credit under this section, and any 2427
information taken for any purpose from such statements or2428
information, are not public records subject to section 149.43 of2429
the Revised Code. However, the chairperson of the authority may2430
make use of the statements and other information for purposes of2431
issuing public reports or in connection with court proceedings2432
concerning tax credit agreements under this section. Upon the2433
request of the tax commissioner or, if the applicant or recipient 2434
is an insurance company, upon the request of the superintendent of 2435
insurance, the chairperson of the authority shall provide to the 2436
commissioner or superintendent any statement or information2437
submitted by an applicant or recipient of a tax credit in2438
connection with the credit. The commissioner or superintendent 2439
shall preserve the confidentiality of the statement or 2440
information.2441

       (H) A taxpayer claiming a credit under this section shall2442
submit to the tax commissioner or, if the taxpayer is an insurance 2443
company, to the superintendent of insurance, a copy of the 2444
director of development's certificate of verification under 2445
division (D)(7) of this section with the taxpayer's tax report or 2446
return for the taxable year or for the calendar year that includes 2447
the tax period. However, failureFailure to submit a copy of the 2448
certificate with the report or return does not invalidate a claim 2449
for a credit if the taxpayer submits a copy of the certificate to 2450
the commissioner or superintendent within sixty days after the 2451
commissioner or superintendent requests it.2452

       (I) The director of development, after consultation with the 2453
tax commissioner and the superintendent of insurance and in 2454
accordance with Chapter 119. of the Revised Code, shall adopt 2455
rules necessary to implement this section. The rules may provide 2456
for recipients of tax credits under this section to be charged 2457
fees to cover administrative costs of the tax credit program. At 2458
the time the director gives public notice under division (A) of 2459
section 119.03 of the Revised Code of the adoption of the rules, 2460
the director shall submit copies of the proposed rules to the 2461
chairpersons of the standing committees on economic development in 2462
the senate and the house of representatives.2463

       (J) For the purposes of this section, a taxpayer may include 2464
a partnership, a corporation that has made an election under 2465
subchapter S of chapter one of subtitle A of the Internal Revenue 2466
Code, or any other business entity through which income flows as a 2467
distributive share to its owners. A credit received under this 2468
section by a partnership, S-corporation, or other such business 2469
entity shall be apportioned among the persons to whom the income 2470
or profit of the partnership, S-corporation, or other entity is 2471
distributed, in the same proportions as those in which the income 2472
or profit is distributed.2473

       (K) If the director of development determines that a taxpayer 2474
who has received a credit under this section is not complying with 2475
the requirement under division (D)(3) of this section, the 2476
director shall notify the tax credit authority of the2477
noncompliance. After receiving such a notice, and after giving the 2478
taxpayer an opportunity to explain the noncompliance, the tax2479
credit authority may require the taxpayer to refund to this state2480
a portion of the credit in accordance with the following:2481

       (1) If the taxpayer maintained operations at the project2482
location for at least one and one-half times the number of years2483
of the term of the tax credit, an amount not exceeding twenty-five 2484
per cent of the sum of any previously allowed credits under this 2485
section;2486

       (2) If the taxpayer maintained operations at the project2487
location for at least the number of years of the term of the tax2488
credit, an amount not exceeding fifty per cent of the sum of any2489
previously allowed credits under this section;2490

       (3) If the taxpayer maintained operations at the project2491
location for less than the number of years of the term of the tax2492
credit, an amount not exceeding one hundred per cent of the sum of 2493
any previously allowed credits under this section.2494

       In determining the portion of the tax credit to be refunded2495
to this state, the tax credit authority shall consider the effect2496
of market conditions on the taxpayer's project and whether the2497
taxpayer continues to maintain other operations in this state. 2498
After making the determination, the authority shall certify the2499
amount to be refunded to the tax commissioner or superintendent of 2500
insurance, as appropriate. If the amount is certified to the 2501
commissioner, the commissioner shall make an assessment for that 2502
amount against the taxpayer under Chapter 5733., 5747., or 5751. 2503
of the Revised Code. If the amount is certified to the 2504
superintendent, the superintendent shall make an assessment for 2505
that amount against the taxpayer under Chapter 5725. or 5729. of 2506
the Revised Code. The time limitations on assessments under those 2507
chapters do not apply to an assessment under this division, but 2508
the commissioner or superintendent, as appropriate, shall make the 2509
assessment within one year after the date the authority certifies 2510
to the commissioner or superintendent the amount to be refunded.2511

       (L) On or before the thirty-first day of March each year, the 2512
director of development shall submit a report to the governor, the 2513
president of the senate, and the speaker of the house of 2514
representatives on the tax credit program under this section. The 2515
report shall include information on the number of agreements that 2516
were entered into under this section during the preceding calendar 2517
year, a description of the project that is the subject of each 2518
such agreement, and an update on the status of projects under 2519
agreements entered into before the preceding calendar year.2520

       (M) There is hereby created the tax credit authority, which 2521
consists of the director of development and four other members 2522
appointed as follows: the governor, the president of the senate, 2523
and the speaker of the house of representatives each shall appoint 2524
one member who shall be a specialist in economic development; the 2525
governor also shall appoint a member who is a specialist in 2526
taxation. Of the initial appointees, the members appointed by the 2527
governor shall serve a term of two years; the members appointed by 2528
the president of the senate and the speaker of the house of 2529
representatives shall serve a term of four years. Thereafter, 2530
terms of office shall be for four years. Initial appointments to 2531
the authority shall be made within thirty days after January 13,2532
1993. Each member shall serve on the authority until the end of 2533
the term for which the member was appointed. Vacancies shall be 2534
filled in the same manner provided for original appointments. Any 2535
member appointed to fill a vacancy occurring prior to the 2536
expiration of the term for which the member's predecessor was 2537
appointed shall hold office for the remainder of that term. 2538
Members may be reappointed to the authority. Members of the 2539
authority shall receive their necessary and actual expenses while 2540
engaged in the business of the authority. The director of 2541
development shall serve as chairperson of the authority, and the 2542
members annually shall elect a vice-chairperson from among 2543
themselves. Three members of the authority constitute a quorum to 2544
transact and vote on the business of the authority. The majority 2545
vote of the membership of the authority is necessary to approve 2546
any such business, including the election of the vice-chairperson.2547

       The director of development may appoint a professional 2548
employee of the department of development to serve as the 2549
director's substitute at a meeting of the authority. The director 2550
shall make the appointment in writing. In the absence of the 2551
director from a meeting of the authority, the appointed substitute 2552
shall serve as chairperson. In the absence of both the director 2553
and the director's substitute from a meeting, the vice-chairperson2554
shall serve as chairperson.2555

       (N) For purposes of the credits granted by this section 2556
against the taxes imposed under sections 5725.18 and 5729.03 of 2557
the Revised Code, "taxable year" means the period covered by the 2558
taxpayer's annual statement to the superintendent of insurance.2559

       Sec. 122.171. (A) As used in this section:2560

       (1) "Capital investment project" means a plan of investment2561
at a project site for the acquisition, construction, renovation,2562
or repair of buildings, machinery, or equipment, or for2563
capitalized costs of basic research and new product development2564
determined in accordance with generally accepted accounting2565
principles, but does not include any of the following:2566

       (a) Payments made for the acquisition of personal property2567
through operating leases;2568

       (b) Project costs paid before January 1, 2002;2569

       (c) Payments made to a related member as defined in section2570
5733.042 of the Revised Code or to an elected consolidated 2571
taxpayer or a combined taxpayer as defined in section 5751.01 of 2572
the Revised Code.2573

       (2) "Eligible business" means a business with Ohio operations 2574
satisfying all of the following:2575

       (a) Employed an average of at least one thousand employees in 2576
full-time employment positions at a project site during each of2577
the twelve months preceding the application for a tax credit under2578
this section; and2579

       (b) On or after January 1, 2002, has made payments for the2580
capital investment project of either of the following:2581

        (i) At least two hundred million dollars in the aggregate at 2582
the project site during a period of three consecutive calendar2583
years including the calendar year that includes a day of the2584
taxpayer's taxable year or tax period with respect to which the 2585
credit is granted;2586

       (ii) If the average wage of all full-time employment 2587
positions at the project site is greater than four hundred per 2588
cent of the federal minimum wage, at least one hundred million 2589
dollars in the aggregate at the project site during a period of 2590
three consecutive calendar years including the calendar year that 2591
includes a day of the taxpayer's taxable year or tax period with 2592
respect to which the credit is granted.2593

       (c) Is engaged at the project site primarily as a2594
manufacturer or is providing significant corporate administrative2595
functions;2596

        (d) Has had a capital investment project reviewed and2597
approved by the tax credit authority as provided in divisions (C),2598
(D), and (E) of this section.2599

       (3) "Full-time employment position" means a position of2600
employment for consideration for at least thirty-five hours a week 2601
that has been filled for at least one hundred eighty days 2602
immediately preceding the filing of an application under this 2603
section and for at least one hundred eighty days during each 2604
taxable year or each calendar year that includes a tax period with 2605
respect to which the credit is granted.2606

       (4) "Manufacturer" has the same meaning as in section2607
5739.011 of the Revised Code.2608

        (5) "Project site" means an integrated complex of facilities2609
in this state, as specified by the tax credit authority under this2610
section, within a fifteen-mile radius where a taxpayer is 2611
primarily operating as an eligible business.2612

       (6) "Applicable corporation" means a corporation satisfying 2613
all of the following:2614

       (a)(i) For the entire taxable year immediately preceding the 2615
tax year, the corporation develops software applications primarily 2616
to provide telecommunication billing and information services 2617
through outsourcing or licensing to domestic or international 2618
customers.2619

       (ii) Sales and licensing of software generated at least six 2620
hundred million dollars in revenue during the taxable year 2621
immediately preceding the tax year the corporation is first 2622
entitled to claim the credit provided under division (B) of this 2623
section.2624

       (b) For the entire taxable year immediately preceding the tax 2625
year, the corporation or one or more of its related members 2626
provides customer or employee care and technical support for 2627
clients through one or more contact centers within this state, and 2628
the corporation and its related members together have a daily 2629
average, based on a three-hundred-sixty-five-day year, of at least 2630
five hundred thousand successful customer contacts through one or 2631
more of their contact centers, wherever located.2632

       (c) The corporation is eligible for the credit under division 2633
(B) of this section for the tax year.2634

       (7) "Related member" has the same meaning as in section 2635
5733.042 of the Revised Code as that section existed on the 2636
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 2637
general assembly, September 29, 1997.2638

       (8) "Successful customer contact" means a contact with an end 2639
user via telephone, including interactive voice recognition or 2640
similar means, where the contact culminates in a conversation or 2641
connection other than a busy signal or equipment busy.2642

       (9) "Telecommunications" means all forms of 2643
telecommunications service as defined in section 5739.01 of the 2644
Revised Code, and includes services in wireless, wireline, cable, 2645
broadband, internet protocol, and satellite.2646

       (10)(a) "Applicable difference" means the difference between 2647
the tax for the tax year under Chapter 5733. of the Revised Code 2648
applying the law in effect for that tax year, and the tax for that 2649
tax year if section 5733.042 of the Revised Code applied as that 2650
section existed on the effective date of its amendment by Am. Sub. 2651
H.B. 215 of the 122nd general assembly, September 29, 1997, 2652
subject to division (A)(10)(b) of this section.2653

       (b) If the tax rate set forth in division (B) of section 2654
5733.06 of the Revised Code for the tax year is less than eight 2655
and one-half per cent, the tax calculated under division 2656
(A)(10)(a) of this section shall be computed by substituting a tax 2657
rate of eight and one-half per cent for the rate set forth in 2658
division (B) of section 5733.06 of the Revised Code for the tax 2659
year.2660

       (c) If the resulting difference is negative, the applicable 2661
tax difference for the tax year shall be zero.2662

       (B) The tax credit authority created under section 122.17 of2663
the Revised Code may grant tax credits under this section for the2664
purpose of fostering job retention in this state. Upon application 2665
by an eligible business and upon consideration of the2666
recommendation of the director of budget and management, tax2667
commissioner, and director of development under division (C) of2668
this section, the tax credit authority may grant to an eligible2669
business a nonrefundable credit against the tax imposed by section2670
5733.06 or 5747.02 or levied under Chapter 5751. of the Revised 2671
Code for a period up to fifteen taxable years and against the tax 2672
levied by Chapter 5751. of the Revised Code for a period of up to 2673
fifteen calendar years. The credit shall be in an amount not 2674
exceeding seventy-five per cent of the Ohio income tax withheld2675
from the employees of the eligible business occupying full-time 2676
employment positions at the project site during the calendar year 2677
that includes the last day of such business' taxable year or tax 2678
period with respect to which the credit is granted. The amount of 2679
the credit shall not be based on the Ohio income tax withheld from 2680
full-time employees for a calendar year prior to the calendar year 2681
in which the minimum investment requirement referred to in2682
division (A)(2)(b) of this section is completed. The credit shall2683
be claimed only for the taxable years or tax periods specified in 2684
the eligible business' agreement with the tax credit authority2685
under division (E) of this section, but in no event shall the2686
credit be claimed for a taxable year or tax period terminating 2687
before the date specified in the agreement. Any credit granted 2688
under this section against the tax imposed by section 5733.06 or 2689
5747.02 of the Revised Code, to the extent not fully utilized 2690
against such tax for taxable years ending prior to 2008, shall 2691
automatically be converted without any action taken by the tax 2692
credit authority to a credit against the tax levied under Chapter 2693
5751. of the Revised Code for tax periods beginning on or after 2694
July 1, 2008, provided that the person to whom the credit was 2695
granted is subject to such tax. The converted credit shall apply 2696
to those calendar years in which the remaining taxable years 2697
specified in the agreement end.2698

       The credit computed under this division is in addition to any 2699
credit allowed under division (M) of this section which the tax 2700
credit authority may also include in the agreement.2701

       Any unused portion of a tax credit may be carried forward for2702
not more than three additional years after the year for which the2703
credit is granted.2704

       (C) A taxpayer that proposes a capital investment project to2705
retain jobs in this state may apply to the tax credit authority to2706
enter into an agreement for a tax credit under this section. The2707
director of development shall prescribe the form of the2708
application. After receipt of an application, the authority shall2709
forward copies of the application to the director of budget and2710
management, the tax commissioner, and the director of development,2711
each of whom shall review the application to determine the2712
economic impact the proposed project would have on the state and2713
the affected political subdivisions and shall submit a summary of2714
their determinations and recommendations to the authority. 2715

       (D) Upon review of the determinations and recommendations2716
described in division (C) of this section, the tax credit2717
authority may enter into an agreement with the taxpayer for a2718
credit under this section if the authority determines all of the 2719
following:2720

       (1) The taxpayer's capital investment project will result in2721
the retention of full-time employment positions in this state.2722

       (2) The taxpayer is economically sound and has the ability to 2723
complete the proposed capital investment project.2724

       (3) The taxpayer intends to and has the ability to maintain2725
operations at the project site for at least twice the term of the2726
credit.2727

       (4) Receiving the credit is a major factor in the taxpayer's2728
decision to begin, continue with, or complete the project.2729

       (5) The political subdivisions in which the project is2730
located have agreed to provide substantial financial support to2731
the project.2732

       (E) An agreement under this section shall include all of the2733
following:2734

       (1) A detailed description of the project that is the subject 2735
of the agreement, including the amount of the investment, the 2736
period over which the investment has been or is being made, and 2737
the number of full-time employment positions at the project site.2738

       (2) The method of calculating the number of full-time2739
employment positions as specified in division (A)(3) of this2740
section.2741

       (3) The term and percentage of the tax credit, and the first 2742
year for which the credit may be claimed.2743

       (4) A requirement that the taxpayer maintain operations at2744
the project site for at least twice the number of years as the2745
term of the credit.2746

       (5) A requirement that the taxpayer retain a specified number 2747
of full-time employment positions at the project site and within 2748
this state for the term of the credit, including a requirement 2749
that the taxpayer continue to employ at least one thousand 2750
employees in full-time employment positions at the project site 2751
during the entire term of any agreement, subject to division 2752
(E)(7) of this section.2753

       (6) A requirement that the taxpayer annually report to the2754
director of development the number of full-time employment2755
positions subject to the credit, the amount of tax withheld from2756
employees in those positions, the amount of the payments made for2757
the capital investment project, and any other information the2758
director needs to perform the director's duties under this2759
section.2760

       (7) A requirement that the director of development annually2761
review the annual reports of the taxpayer to verify the2762
information reported under division (E)(6) of this section and2763
compliance with the agreement. Upon verification, the director2764
shall issue a certificate to the taxpayer stating that the2765
information has been verified and identifying the amount of the2766
credit for the taxable year. Unless otherwise specified by the tax 2767
credit authority in a resolution and included as part of the 2768
agreement, the director shall not issue a certificate for any year 2769
in which the total number of filled full-time employment positions 2770
for each day of the calendar year divided by three hundred 2771
sixty-five is less than ninety per cent of the full-time 2772
employment positions specified in division (E)(5) of this section. 2773
In determining the number of full-time employment positions, no 2774
position shall be counted that is filled by an employee who is 2775
included in the calculation of a tax credit under section 122.17 2776
of the Revised Code.2777

       (8)(a) A provision requiring that the taxpayer, except as2778
otherwise provided in division (E)(8)(b) of this section, shall2779
not relocate employment positions from elsewhere in this state to2780
the project site that is the subject of the agreement for the2781
lesser of five years from the date the agreement is entered into2782
or the number of years the taxpayer is entitled to claim the2783
credit.2784

       (b) The taxpayer may relocate employment positions from2785
elsewhere in this state to the project site that is the subject of2786
the agreement if the director of development determines both of2787
the following:2788

       (i) That the site from which the employment positions would2789
be relocated is inadequate to meet market and industry conditions,2790
expansion plans, consolidation plans, or other business2791
considerations affecting the taxpayer;2792

       (ii) That the legislative authority of the county, township,2793
or municipal corporation from which the employment positions would2794
be relocated has been notified of the relocation.2795

       For purposes of this section, the movement of an employment2796
position from one political subdivision to another political2797
subdivision shall be considered a relocation of an employment2798
position unless the movement is confined to the project site. The2799
transfer of an individual employee from one political subdivision2800
to another political subdivision shall not be considered a2801
relocation of an employment position as long as the individual's2802
employment position in the first political subdivision is2803
refilled.2804

       (9) A waiver by the taxpayer of any limitations periods2805
relating to assessments or adjustments resulting from the2806
taxpayer's failure to comply with the agreement.2807

       (F) If a taxpayer fails to meet or comply with any condition2808
or requirement set forth in a tax credit agreement, the tax credit2809
authority may amend the agreement to reduce the percentage or term2810
of the credit. The reduction of the percentage or term shall take2811
effect in the taxable year immediately following the taxable year2812
in which the authority amends the agreement or in the first tax 2813
period beginning in the calendar year immediately following the 2814
calendar year in which the authority amends the agreement. If the 2815
taxpayer relocates employment positions in violation of the 2816
provision required under division (D)(8)(a) of this section, the 2817
taxpayer shall not claim the tax credit under section 5733.0610 of 2818
the Revised Code for any tax years following the calendar year in2819
which the relocation occurs, shall not claim the tax credit under 2820
section 5747.058 of the Revised Code for the taxable year in which 2821
the relocation occurs and any subsequent taxable years, and shall 2822
not claim the tax credit under division (A) of section 5751.50 of 2823
the Revised Code for the tax period in which the relocation occurs 2824
and any subsequent tax periods.2825

       (G) Financial statements and other information submitted to2826
the department of development or the tax credit authority by an2827
applicant for or recipient of a tax credit under this section, and2828
any information taken for any purpose from such statements or2829
information, are not public records subject to section 149.43 of2830
the Revised Code. However, the chairperson of the authority may2831
make use of the statements and other information for purposes of2832
issuing public reports or in connection with court proceedings2833
concerning tax credit agreements under this section. Upon the2834
request of the tax commissioner, the chairperson of the authority2835
shall provide to the commissioner any statement or other2836
information submitted by an applicant for or recipient of a tax2837
credit in connection with the credit. The commissioner shall2838
preserve the confidentiality of the statement or other2839
information.2840

       (H) A taxpayer claiming a tax credit under this section shall 2841
submit to the tax commissioner a copy of the director of2842
development's certificate of verification under division (E)(7) of2843
this section with the taxpayer's tax report or return for the 2844
taxable year or for the calendar year that includes the tax 2845
period. However, failureFailure to submit a copy of the 2846
certificate with the report or return does not invalidate a claim 2847
for a credit if the taxpayer submits a copy of the certificate to 2848
the commissioner within sixty days after the commissioner requests 2849
it.2850

       (I) For the purposes of this section, a taxpayer may include2851
a partnership, a corporation that has made an election under2852
subchapter S of chapter one of subtitle A of the Internal Revenue2853
Code, or any other business entity through which income flows as a2854
distributive share to its owners. A tax credit received under this 2855
section by a partnership, S-corporation, or other such business 2856
entity shall be apportioned among the persons to whom the income 2857
or profit of the partnership, S-corporation, or other entity is 2858
distributed, in the same proportions as those in which the income 2859
or profit is distributed.2860

       (J) If the director of development determines that a taxpayer 2861
that received a tax credit under this section is not complying 2862
with the requirement under division (E)(4) of this section, the2863
director shall notify the tax credit authority of the2864
noncompliance. After receiving such a notice, and after giving the 2865
taxpayer an opportunity to explain the noncompliance, the2866
authority may terminate the agreement and require the taxpayer to2867
refund to the state all or a portion of the credit claimed in2868
previous years, as follows:2869

        (1) If the taxpayer maintained operations at the project site 2870
for less than the term of the credit, the amount required to be 2871
refunded shall not exceed the amount of any tax credits previously 2872
allowed and received under this section.2873

        (2) If the taxpayer maintained operations at the project site 2874
longer than the term of the credit but less than one and one-half 2875
times the term of the credit, the amount required to be refunded 2876
shall not exceed fifty per cent of the sum of any tax credits 2877
previously allowed and received under this section.2878

        (3) If the taxpayer maintained operations at the project site 2879
for at least one and one-half times the term of the credit but 2880
less than twice the term of the credit, the amount required to be 2881
refunded shall not exceed twenty-five per cent of the sum of any 2882
tax credits previously allowed and received under this section.2883

       In determining the portion of the credit to be refunded to2884
this state, the authority shall consider the effect of market2885
conditions on the taxpayer's project and whether the taxpayer2886
continues to maintain other operations in this state. After making 2887
the determination, the authority shall certify the amount to be 2888
refunded to the tax commissioner. The commissioner shall make an 2889
assessment for that amount against the taxpayer under Chapter 2890
5733., 5747., or 5751. of the Revised Code. The time limitations2891
on assessments under those chapters do not apply to an assessment 2892
under this division, but the commissioner shall make the 2893
assessment within one year after the date the authority certifies 2894
to the commissioner the amount to be refunded.2895

       If the director of development determines that a taxpayer2896
that received a tax credit under this section has reduced the2897
number of employees agreed to under division (E)(5) of this2898
section by more than ten per cent, the director shall notify the2899
tax credit authority of the noncompliance. After receiving such2900
notice, and after providing the taxpayer an opportunity to explain2901
the noncompliance, the authority may amend the agreement to reduce2902
the percentage or term of the tax credit. The reduction in the2903
percentage or term shall take effect in the taxable year, or in 2904
the calendar year that includes the tax period, in which the 2905
authority amends the agreement.2906

       (K) The director of development, after consultation with the2907
tax commissioner and in accordance with Chapter 119. of the2908
Revised Code, shall adopt rules necessary to implement this2909
section. The rules may provide for recipients of tax credits under 2910
this section to be charged fees to cover administrative costs of 2911
the tax credit program. At the time the director gives public 2912
notice under division (A) of section 119.03 of the Revised Code of 2913
the adoption of the rules, the director shall submit copies of the 2914
proposed rules to the chairpersons of the standing committees on 2915
economic development in the senate and the house of2916
representatives.2917

       (L) On or before the thirty-first day of March of each year,2918
the director of development shall submit a report to the governor,2919
the president of the senate, and the speaker of the house of2920
representatives on the tax credit program under this section. The2921
report shall include information on the number of agreements that2922
were entered into under this section during the preceding calendar2923
year, a description of the project that is the subject of each2924
such agreement, and an update on the status of projects under2925
agreements entered into before the preceding calendar year.2926

       (M)(1) A nonrefundable credit shall be allowed to an 2927
applicable corporation and its related members in an amount equal 2928
to the applicable difference. The credit is in addition to the 2929
credit granted to the corporation or related members under 2930
division (B) of this section. The credit is subject to divisions 2931
(B) to (E) and division (J) of this section.2932

       (2) A person qualifying as an applicable corporation under 2933
this section for a tax year does not necessarily qualify as an 2934
applicable corporation for any other tax year. No person is 2935
entitled to the credit allowed under division (M) of this section 2936
for the tax year immediately following the taxable year during 2937
which the person fails to meet the requirements in divisions 2938
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled 2939
to the credit allowed under division (M) of this section for any 2940
tax year for which the person is not eligible for the credit 2941
provided under division (B) of this section.2942

       Sec. 122.72.  (A) There is hereby created the minority2943
development financing advisory board to assist in carrying out the 2944
programs created pursuant to sections 122.71 to 122.90122.89 of 2945
the Revised Code.2946

       (B) The board shall consist of ten members. The director of 2947
development or the director's designee shall be a voting member on 2948
the board. Seven members shall be appointed by the governor with 2949
the advice and consent of the senate and selected because of their 2950
knowledge of and experience in industrial, business, and 2951
commercial financing, suretyship, construction, and their 2952
understanding of the problems of minority business enterprises; 2953
one member also shall be a member of the senate and appointed by 2954
the president of the senate, and one member also shall be a member 2955
of the house of representatives and appointed by the speaker of 2956
the house of representatives. With respect to the board, all of 2957
the following apply:2958

       (1) Not more than four of the members of the board appointed 2959
by the governor shall be of the same political party.2960

       (2) Each member shall hold office from the date of the 2961
member's appointment until the end of the term for which the 2962
member was appointed.2963

       (3) The terms of office for the seven members appointed by 2964
the governor shall be for seven years, commencing on the first day 2965
of October and ending on the thirtieth day of September of the 2966
seventh year, except that of the original seven members, three 2967
shall be appointed for three years and two shall be appointed for 2968
five years.2969

       (4) Any member of the board is eligible for reappointment.2970

       (5) Any member appointed to fill a vacancy occurring prior to 2971
the expiration of the term for which the member's predecessor was 2972
appointed shall hold office for the remainder of the predecessor's 2973
term.2974

       (6) Any member shall continue in office subsequent to the 2975
expiration date of the member's term until the member's successor 2976
takes office, or until a period of sixty days has elapsed, 2977
whichever occurs first.2978

       (7) Before entering upon official duties as a member of the 2979
board, each member shall take an oath as provided by Section 7 of 2980
Article XV, Ohio Constitution.2981

       (8) The governor may, at any time, remove any member 2982
appointed by the governor pursuant to section 3.04 of the Revised 2983
Code.2984

       (9) Notwithstanding section 101.26 of the Revised Code, 2985
members shall receive their necessary and actual expenses while 2986
engaged in the business of the board and shall be paid at the per 2987
diem rate of step 1 of pay range 31 of section 124.15 of the 2988
Revised Code.2989

       (10) Six members of the board constitute a quorum and the 2990
affirmative vote of six members is necessary for any action taken 2991
by the board.2992

       (11) In the event of the absence of a member appointed by the2993
president of the senate or by the speaker of the house of2994
representatives, either of the following persons may serve in the 2995
member's absence:2996

       (a) The president of the senate or the speaker of the house 2997
of representatives, whoever appointed the absent member;2998

       (b) A member of the senate or of the house of representatives2999
of the same political party as the absent member, as designated by 3000
the president of the senate or the speaker of the house of 3001
representatives, whoever appointed the absent member.3002

       (12) The board shall annually elect one of its members as 3003
chairperson and another as vice-chairperson.3004

       Sec. 122.73.  (A) The minority development financing advisory 3005
board and the director of development are invested with the powers 3006
and duties provided in sections 122.71 to 122.90122.89 of the 3007
Revised Code, in order to promote the welfare of the people of the 3008
state by encouraging the establishment and expansion of minority 3009
business enterprises; to stabilize the economy; to provide 3010
employment; to assist in the development within the state of 3011
industrial, commercial, distribution, and research activities 3012
required for the people of the state, and for their gainful 3013
employment; or otherwise to create or preserve jobs and employment 3014
opportunities, or improve the economic welfare of the people of 3015
the state. It is hereby determined that the accomplishment of 3016
those purposes is essential so that the people of the state may 3017
maintain their present high standards of living in comparison with 3018
the people of other states and so that opportunities for 3019
employment and for favorable markets for the products of the 3020
state's natural resources, agriculture, and manufacturing shall be 3021
improved. It further is determined that it is necessary for the3022
state to establish the programs authorized under sections 122.71 3023
to 122.90122.89 of the Revised Code to establish the minority 3024
development financing advisory board, and to invest it and the 3025
director of development with the powers and duties provided in 3026
sections 122.71 to 122.90122.89 of the Revised Code.3027

       (B) The minority development financing advisory board shall3028
do all of the following:3029

       (1) Make recommendations to the director as to applications 3030
for assistance pursuant to sections 122.71 to 122.90122.89 of the 3031
Revised Code. The board may revise its recommendations to reflect 3032
any changes in the proposed assistance made by the director.3033

       (2) Advise the director in the administration of sections 3034
122.71 to 122.90122.89 of the Revised Code.3035

       (3) Adopt bylaws to govern the conduct of the business of the 3036
board.3037

       Sec. 122.74.  (A)(1) The director of development shall do all 3038
of the following:3039

       (a) Receive applications for assistance under sections 122.71 3040
to 122.89 of the Revised Code and applications from surety 3041
companies for bond guarantees under section 122.90 of the Revised 3042
Code, and, after processing but subject to division (A)(2) of this 3043
section, forward them to the minority development financing 3044
advisory board together with necessary supporting information;3045

       (b) Receive the recommendations of the board and make a final 3046
determination whether to approve the application for assistance;3047

       (c) Receive recommendations from a regional economic 3048
development entity for loans made under section 122.76 of the 3049
Revised Code and make a final determination, notwithstanding 3050
divisions (A)(1) and (2) of this section, whether to approve the 3051
proposed loan;3052

        (d) Transmit the director's determinations to approve 3053
assistance to the controlling board unless such assistance falls 3054
under section 122.90 of the Revised Code and has been previously 3055
approved by the controlling board, together with any information 3056
the controlling board requires for its review and decision as to 3057
whether to approve the assistance.3058

       (2) The director is not required to submit any determination, 3059
data, terms, or any other application materials or information to 3060
the minority development financing advisory board when provision 3061
of the assistance has been recommended to the director by a 3062
regional economic development entity or when an application for a 3063
surety company for bond guarantees under section 122.90 of the 3064
Revised Code has been previously approved by the controlling 3065
board.3066

       (B) The director may do all of the following:3067

       (1) Fix the rate of interest and charges to be made upon or 3068
with respect to moneys loaned or guaranteed by the director and 3069
the terms upon which mortgages and lease rentals may be guaranteed 3070
and the rates of charges to be made for them and make provisions 3071
for the operation of the funds established by the director in 3072
accordance with this section and sections 122.80, 122.88, and 3073
122.90 of the Revised Code;3074

       (2) Loan and guarantee moneys from the fund established in3075
accordance with section 122.80 of the Revised Code pursuant to and 3076
in compliance with sections 122.71 to 122.90 of the Revised Code.3077

       (3) Acquire in the name of the director any property of any 3078
kind or character in accordance with sections 122.71 to 122.90 of 3079
the Revised Code, by purchase, purchase at foreclosure, or 3080
exchange on such terms and in such manner as the director 3081
considers proper;3082

       (4) Make and enter into all contracts and agreements3083
necessary or incidental to the performance of the director's 3084
duties and the exercise of the director's powers under sections 3085
122.71 to 122.90 of the Revised Code;3086

       (5) Maintain, protect, repair, improve, and insure any3087
property that the director has acquired and dispose of it by sale, 3088
exchange, or lease for the consideration and on the terms and in 3089
the manner as the director considers proper, but the director 3090
shall not operate any such property as a business except as the 3091
lessor of it;3092

       (6)(a) When the cost of any contract for the maintenance,3093
protection, repair, or improvement of any property held by the 3094
director, other than compensation for personal services, involves 3095
an expenditure of more than fifty thousand dollars, the director 3096
shall make a written contract with the lowest responsive and 3097
responsible bidder in accordance with section 9.312 of the Revised 3098
Code after advertisement for not less than two consecutive weeks3099
in a newspaper of general circulation in the county where such 3100
contract, or some substantial part of it, is to be performed, and 3101
in such other publications as the director determines, which 3102
notice shall state the general character of the work and the3103
general character of the materials to be furnished, the place 3104
where plans and specifications therefor may be examined, and the 3105
time and place of receiving bids.3106

       (b) Each bid for a contract for the construction, demolition,3107
alteration, repair, or reconstruction of an improvement shall 3108
contain the full name of every person interested in it and meet 3109
the requirements of section 153.54 of the Revised Code.3110

       (c) Each bid for a contract, except as provided in division3111
(B)(6)(b) of this section, shall contain the full name of every 3112
person interested in it and shall be accompanied by bond or 3113
certified check on a solvent bank, in such amount as the director 3114
considers sufficient, that if the bid is accepted a contract will 3115
be entered into and the performance of the proposal secured.3116

       (d) The director may reject any and all bids.3117

       (e) A bond with good and sufficient surety, approved by the3118
director, shall be required of every contractor awarded a contract 3119
except as provided in division (B)(6)(b) of this section, in an 3120
amount equal to at least fifty per cent of the contract price, 3121
conditioned upon faithful performance of the contract.3122

       (7) Employ or contract with financial consultants,3123
appraisers, consulting engineers, superintendents, managers, 3124
construction and accounting experts, attorneys, and other 3125
employees and agents as are necessary in the director's judgment 3126
and fix their compensation;3127

       (8) Receive and accept grants, gifts, and contributions of 3128
money, property, labor, and other things of value to be held, 3129
used, and applied only for the purpose for which the grants, 3130
gifts, and contributions are made, from individuals, private and 3131
public corporations, from the United States or any agency thereof, 3132
from the state or any agency thereof, and from any political 3133
subdivision of the state, and may agree to repay any contribution 3134
of money or to return any property contributed or the value3135
thereof at such times, in amounts, and on terms and conditions,3136
excluding the payment of interest, as the director determines at 3137
the time the contribution is made, and may evidence the 3138
obligations by notes, bonds, or other written instruments;3139

       (9) Establish with the treasurer of state the funds provided 3140
in sections 122.80 and 122.88 of the Revised Code in addition to 3141
such funds as the director determines are necessary or proper;3142

       (10) Adopt rules under Chapter 119. of the Revised Code3143
necessary to implement sections 122.71 to 122.90 of the Revised 3144
Code.3145

       (11) Do all acts and things necessary or proper to carry out 3146
the powers expressly granted and the duties imposed in sections 3147
122.71 to 122.90 of the Revised Code.3148

       (C)(1) All expenses and obligations incurred by the director 3149
in carrying out the director's powers and in exercising the3150
director's duties under sections 122.71 to 122.90 of the Revised 3151
Code shall be payable solely from revenues or other receipts or 3152
income of the director, from grants, gifts, and contributions, or 3153
funds established in accordance with such sections. Such sections 3154
do not authorize the director to incur indebtedness or to impose 3155
liability on the state or any political subdivision of the state.3156

       (2) Financial statements and other data submitted to the 3157
director by any corporation, partnership, or person in connection 3158
with financial assistance provided under sections 122.71 to 122.90 3159
of the Revised Code, or any information taken from such statements 3160
or data for any purpose, shall not be open to public inspection.3161

       Sec. 122.90.  (A) The director of development may guarantee 3162
bonds executed by sureties for minority businesses and EDGE 3163
business enterprises certified under section 123.152 of the 3164
Revised Code as principals on contracts with the state, any 3165
political subdivision or instrumentality, or any person as the 3166
obligee. The director, as guarantor, may exercise all the rights 3167
and powers of a company authorized by the department of insurance 3168
to guarantee bonds under Chapter 3929. of the Revised Code but 3169
otherwise is not subject to any laws related to a guaranty company 3170
under Title XXXIX of the Revised Code nor to any rules of the 3171
department of insurance.3172

       (B) The director shall adopt rules under Chapter 119. of the 3173
Revised Code to establish procedures for the application for bond 3174
guarantees and the review and approval of applications for bond 3175
guarantees submitted by sureties that execute bonds eligible for 3176
guarantees under division (A) of this section.3177

       (C) In accordance with rules adopted pursuant to this 3178
section, the director may guarantee up to ninety per cent of the 3179
loss incurred and paid by sureties on bonds guaranteed under 3180
division (A) of this section.3181

       (D) The penal sum amounts of all outstanding guarantees made 3182
by the director under this section shall not exceed three times 3183
the difference between the amount of moneys in the minority 3184
business bonding fund and available to the fund under division (B) 3185
of section 169.05 of the Revised Code and the amount of all 3186
outstanding bonds issued by the director in accordance with 3187
division (A) of section 122.89 of the Revised Code.3188

       (E) The director of development, with controlling board 3189
approval, may approve one application per fiscal year from each 3190
surety bond company for bond guarantees in an amount requested to 3191
support one fiscal year of that company's activity under this 3192
section. A surety bond company that applies for a bond guarantee 3193
under this division, whether or not the guarantee is approved, is 3194
not restricted from also applying for individual bond guarantees 3195
under division (A) of this section.3196

       Sec. 124.09.  The director of administrative services shall 3197
do all of the following:3198

       (A) Prescribe, amend, and enforce administrative rules for3199
the purpose of carrying out the functions, powers, and duties3200
vested in and imposed upon the director by this chapter. Except 3201
in the case of rules adopted pursuant to section 124.14 of the 3202
Revised Code, the prescription, amendment, and enforcement of 3203
rules under this division are subject to approval, disapproval, or3204
modification by the state personnel board of review.3205

       (B) Keep records of the director's proceedings and records of 3206
all applications for examinations and all examinations conducted 3207
by the director. All suchof those records, except examinations, 3208
proficiency assessments, and recommendations of former employers, 3209
shall be open to public inspection under reasonable regulations; 3210
provided the governor, or any person designated by the governor, 3211
may, for the purpose of investigation, have free access to all 3212
suchof those records, whenever the governor has reason to believe3213
that this chapter, or the administrative rules of the director 3214
prescribed under such sectionsthis chapter, are being violated.3215

       (C) Prepare, continue, and keep in the office of the3216
department of administrative services a complete roster of all 3217
persons in the classified service who are paid directly by warrant 3218
of the auditor of statedirector of budget and management. This3219
roster shall be open to public inspection at all reasonable hours. 3220
It shall show in reference to each of those persons, the person's 3221
name, address, date of appointment to or employment in the 3222
classified service, and salary or compensation, the title of the 3223
place or office that the person holds, the nature of the duties of 3224
that place or office, and, in case of the person's removal or 3225
resignation, the date of the termination of that service.3226

       (D) Approve the establishment of all new positions in the3227
civil service of the state and the reestablishment of abolished3228
positions.;3229

       (E) Require the abolishment of any position in the civil3230
service of the state that is not filled after a period of twelve3231
months unless it is determined that the position is seasonal in3232
nature or that the vacancy is otherwise justified.;3233

       (F) Make investigations concerning all matters touching the 3234
enforcement and effect of this chapter and the administrative 3235
rules of the director of administrative services prescribed under 3236
this chapter. In the course of suchthose investigations, the3237
director or the director's deputy may administer oaths and3238
affirmations and take testimony relative to any matter which the 3239
director has authority to investigate.3240

       (G) Have the power to subpoena and require the attendance and 3241
testimony of witnesses and the production of books, papers, public 3242
records, and other documentary evidence pertinent to the3243
investigations, inquiries, or hearings on any matter which the3244
director has authority to investigate, inquire into, or hear, and 3245
to examine them in relation to any matter which the director has 3246
authority to investigate, inquire into, or hear. Fees shall be 3247
allowed to witnesses, and, on their certificate, duly audited, 3248
shall be paid by the treasurer of state, or, in the case of 3249
municipal or civil service township civil service commissions, by 3250
the county treasurer, for attendance and traveling, as is provided 3251
in section 2335.06 of the Revised Code for witnesses in courts of3252
record. All officers in the civil service of the state or any of3253
the political subdivisions thereofof the state and their 3254
deputies, clerks, and employees shall attend and testify when 3255
summoned to do so by the director or the state personnel board of 3256
review. Depositions of witnesses may be taken by the director or 3257
the board, or any member thereofof the board, in the manner 3258
prescribed by law for like depositions in civil actions in the 3259
courts of common pleas. In case any person, in disobedience to any 3260
subpoena issued by the director or the board, or any member 3261
thereofof the board, or the chief examiner, fails or refuses to 3262
attend and testify to any matter regarding which the person may be 3263
lawfully interrogated, or produce any documentary evidence 3264
pertinent to any investigation, inquiry, or hearing, the court of 3265
common pleas of any county, or any judge thereofof the court of 3266
common pleas of any county, where suchthe disobedience, failure, 3267
or refusal occurs, upon application of the director or the board, 3268
or any member thereofof the board, or a municipal or civil 3269
service township civil service commission, or any commissioner 3270
thereofof such a commission, or their chief examiner, shall 3271
compel obedience by attachment proceedings for contempt as in the 3272
case of disobedience of the requirements of a subpoena issued from 3273
such courtsthe court or a refusal to testify thereinin the 3274
court.3275

       (H) Make a report to the governor, on or before the first day 3276
of January of each year, showing the director's actions, the rules3277
and all exceptions theretoto the rules in force, and any 3278
recommendations for the more effectual accomplishment of the 3279
purposes of this chapter. The director shall also furnish any 3280
special reports to the governor whenever the governor requests3281
them. SuchThe reports shall be printed for public distribution 3282
under the same regulations as are the reports of other state 3283
officers, boards, or commissions.3284

       Sec. 124.11.  The civil service of the state and the several 3285
counties, cities, civil service townships, city health districts, 3286
general health districts, and city school districts thereofof the 3287
state shall be divided into the unclassified service and the3288
classified service.3289

       (A) The unclassified service shall comprise the following3290
positions, which shall not be included in the classified service,3291
and which shall be exempt from all examinations required by this3292
chapter:3293

       (1) All officers elected by popular vote or persons appointed 3294
to fill vacancies in suchthose offices;3295

       (2) All election officers as defined in section 3501.01 of3296
the Revised Code;3297

       (3) The members of all boards and commissions, and heads of 3298
principal departments, boards, and commissions appointed by the 3299
governor or by and with the governor's consent; and the members of 3300
all boards and commissions and all heads of departments appointed 3301
by the mayor, or, if there is no mayor, such other similar chief3302
appointing authority of any city or city school district; except. 3303
Except as otherwise provided in division (A)(17) or (C) of this 3304
section, this chapter does not exempt the chiefs of police 3305
departments and chiefs of fire departments of cities or civil 3306
service townships from the competitive classified service;.3307

       (4) The members of county or district licensing boards or3308
commissions and boards of revision, and deputy county auditors;3309

       (5) All officers and employees elected or appointed by either 3310
or both branches of the general assembly, and such employees of 3311
the city legislative authority as are engaged in legislative 3312
duties;3313

       (6) All commissioned, warrant, and noncommissioned officers 3314
and enlisted persons in the Ohio organized militia, including3315
military appointees in the adjutant general's department;3316

       (7)(a) All presidents, business managers, administrative3317
officers, superintendents, assistant superintendents, principals,3318
deans, assistant deans, instructors, teachers, and such employees3319
as are engaged in educational or research duties connected with3320
the public school system, colleges, and universities, as3321
determined by the governing body of the public school system,3322
colleges, and universities;3323

       (b) The library staff of any library in the state supported 3324
wholly or in part at public expense.3325

       (8) Four clerical and administrative support employees for3326
each of the elective state officers;, and three clerical and3327
administrative support employees for other elective officers and3328
each of the principal appointive executive officers, boards, or3329
commissions, except for civil service commissions, that are3330
authorized to appoint such clerical and administrative support3331
employees;3332

       (9) The deputies and assistants of state agencies authorized 3333
to act for and on behalf of the agency, or holding a fiduciary or 3334
administrative relation to that agency and those persons employed 3335
by and directly responsible to elected county officials or a 3336
county administrator and holding a fiduciary or administrative 3337
relationship to such elected county officials or county3338
administrator, and the employees of such county officials whose 3339
fitness would be impracticable to determine by competitive 3340
examination, provided that division (A)(9) of this section shall 3341
not affect those persons in county employment in the classified 3342
service as of September 19, 1961. Nothing in division (A)(9) of 3343
this section applies to any position in a county department of job 3344
and family services created pursuant to Chapter 329. of the 3345
Revised Code.3346

       (10) Bailiffs, constables, official stenographers, and3347
commissioners of courts of record, deputies of clerks of the3348
courts of common pleas who supervise, or who handle public moneys3349
or secured documents, and such officers and employees of courts of 3350
record and such deputies of clerks of the courts of common pleas 3351
as the director of administrative services finds it impracticable 3352
to determine their fitness by competitive examination;3353

       (11) Assistants to the attorney general, special counsel3354
appointed or employed by the attorney general, assistants to3355
county prosecuting attorneys, and assistants to city directors of3356
law;3357

       (12) Such teachers and employees in the agricultural3358
experiment stations; such students in normal schools, colleges,3359
and universities of the state who are employed by the state or a3360
political subdivision of the state in student or intern3361
classifications; and such unskilled labor positions as the3362
director of administrative services or any municipal civil service 3363
commission may find it impracticable to include in the competitive 3364
classified service; provided such exemptions shall be by order of 3365
the commission or the director, duly entered on the record of the 3366
commission or the director with the reasons for each such 3367
exemption;3368

       (13) Any physician or dentist who is a full-time employee of 3369
the department of mental health or the department of mental3370
retardation and developmental disabilities or of an institution3371
under the jurisdiction of either department; and physicians who3372
are in residency programs at the institutions;3373

       (14) Up to twenty positions at each institution under the3374
jurisdiction of the department of mental health or the department3375
of mental retardation and developmental disabilities that the3376
department director determines to be primarily administrative or3377
managerial; and up to fifteen positions in any division of either3378
department, excluding administrative assistants to the director3379
and division chiefs, which are within the immediate staff of a3380
division chief and which the director determines to be primarily3381
and distinctively administrative and managerial;3382

       (15) Noncitizens of the United States employed by the state, 3383
or its counties or cities, as physicians or nurses who are duly 3384
licensed to practice their respective professions under the laws 3385
of Ohiothis state, or medical assistants, in mental or chronic 3386
disease hospitals, or institutions;3387

       (16) Employees of the governor's office;3388

       (17) Fire chiefs and chiefs of police in civil service3389
townships appointed by boards of township trustees under section3390
505.38 or 505.49 of the Revised Code;3391

       (18) Executive directors, deputy directors, and program3392
directors employed by boards of alcohol, drug addiction, and3393
mental health services under Chapter 340. of the Revised Code, and 3394
secretaries of the executive directors, deputy directors, and3395
program directors;3396

       (19) Superintendents, and management employees as defined in 3397
section 5126.20 of the Revised Code, of county boards of mental 3398
retardation and developmental disabilities;3399

       (20) Physicians, nurses, and other employees of a county3400
hospital who are appointed pursuant to sections 339.03 and 339.063401
of the Revised Code;3402

       (21) The executive director of the state medical board, who 3403
is appointed pursuant to division (B) of section 4731.05 of the 3404
Revised Code;3405

       (22) County directors of job and family services as provided 3406
in section 329.02 of the Revised Code and administrators appointed3407
under section 329.021 of the Revised Code;3408

       (23) A director of economic development who is hired pursuant 3409
to division (A) of section 307.07 of the Revised Code;3410

       (24) Chiefs of construction and compliance, of operations and 3411
maintenance, and of licensing and certification in the division of 3412
industrial compliance in the department of commerce;3413

       (25) The executive director of a county transit system 3414
appointed under division (A) of section 306.04 of the Revised 3415
Code;3416

       (26) Up to five positions at each of the administrative3417
departments listed in section 121.02 of the Revised Code and at 3418
the department of taxation, department of the adjutant general, 3419
department of education, Ohio board of regents, bureau of workers'3420
compensation, industrial commission, state lottery commission, and 3421
public utilities commission of Ohio that the head of that 3422
administrative department or of that other state agency determines 3423
to be involved in policy development and implementation. The head 3424
of the administrative department or other state agency shall set 3425
the compensation for employees in these positions at a rate that 3426
is not less than the minimum compensation specified in pay range 3427
41 but not more than the maximum compensation specified in pay 3428
range 44 of salary schedule E-2 in section 124.152 of the Revised 3429
Code. The authority to establish positions in the unclassified 3430
service under division (A)(26) of this section is in addition to 3431
and does not limit any other authority that an administrative 3432
department or state agency has under the Revised Code to establish 3433
positions, appoint employees, or set compensation.3434

       (27) Employees of the department of agriculture employed3435
under section 901.09 of the Revised Code;3436

       (28) For cities, counties, civil service townships, city 3437
health districts, general health districts, and city school 3438
districts, the deputies and assistants of elective or principal 3439
executive officers authorized to act for and in the place of their 3440
principals or holding a fiduciary relation to their principals;3441

       (29) Employees who receive external interim, intermittent, or 3442
temporary appointments under division (B) of section 124.30 of the 3443
Revised Code;3444

       (30) Employees appointed to administrative staff positions 3445
for which an appointing authority is given specific statutory 3446
authority to set compensation;3447

       (31) Employees appointed to highway patrol cadet or highway 3448
patrol cadet candidate classifications.3449

       (B) The classified service shall comprise all persons in the 3450
employ of the state and the several counties, cities, city health 3451
districts, general health districts, and city school districts 3452
thereofof the state, not specifically included in the 3453
unclassified service. Upon the creation by the board of trustees 3454
of a civil service township civil service commission, the 3455
classified service shall also comprise, except as otherwise 3456
provided in division (A)(17) or (C) of this section, all persons 3457
in the employ of a civil service township police or fire 3458
departmentsdepartment having ten or more full-time paid 3459
employees. The classified service consists of two classes, which 3460
shall be designated as the competitive class and the unskilled 3461
labor class.3462

       (1) The competitive class shall include all positions and3463
employments in the state and the counties, cities, city health3464
districts, general health districts, and city school districts3465
thereofof the state, and, upon the creation by the board of 3466
trustees of a civil service township of a township civil service 3467
commission, all positions in a civil service township police or 3468
fire departmentsdepartment having ten or more full-time paid 3469
employees, for which it is practicable to determine the merit and 3470
fitness of applicants by competitive examinations. Appointments 3471
shall be made to, or employment shall be given in, all positions 3472
in the competitive class that are not filled by promotion, 3473
reinstatement, transfer, or reduction, as provided in this 3474
chapter, and the rules of the director of administrative services, 3475
by appointment from those certified to the appointing officer in 3476
accordance with this chapter.3477

       (2) The unskilled labor class shall include ordinary3478
unskilled laborers. Vacancies in the labor class shall be filled3479
by appointment from lists of applicants registered by the director 3480
or a commission, as applicable. The director or the commission, by 3481
rule, shall require an applicant for registration in the labor 3482
class to furnish such evidence or take such tests as the director 3483
or commission considers proper with respect to age, residence, 3484
physical condition, ability to labor, honesty, sobriety, industry, 3485
capacity, and experience in the work or employment for which 3486
application is made. Laborers who fulfill the requirements shall 3487
be placed on the eligible list for the kind of labor or employment 3488
sought, and preference shall be given in employment in accordance 3489
with the rating received from suchthat evidence or in suchthose3490
tests. Upon the request of an appointing officer, stating the kind 3491
of labor needed, the pay and probable length of employment, and 3492
the number to be employed, the director or commission shall 3493
certify from the highest on the list double the number to be 3494
employed; from this number, the appointing officer shall appoint 3495
the number actually needed for the particular work. If more than 3496
one applicant receives the same rating, priority in time of 3497
application shall determine the order in which their names shall 3498
be certified for appointment.3499

       (C) A municipal or civil service township civil service3500
commission may place volunteer firefighters who are paid on a3501
fee-for-service basis in either the classified or the unclassified 3502
civil service.3503

       (D) This division does not apply to persons in the 3504
unclassified service who have the right to resume positions in the 3505
classified service under sections 4121.121, 5119.071, 5120.07, 3506
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the 3507
Revised Code.3508

       An appointing authority whose employees are paid directly by 3509
warrant of the auditor of statedirector of budget and management3510
may appoint a person who holds a certified position in the 3511
classified service within the appointing authority's agency to a 3512
position in the unclassified service within that agency. A person 3513
appointed pursuant to this division to a position in the 3514
unclassified service shall retain the right to resume the position 3515
and status held by the person in the classified service 3516
immediately prior to the person's appointment to the position in 3517
the unclassified service, regardless of the number of positions 3518
the person held in the unclassified service. ReinstatementAn 3519
employee's right to resume a position in the classified service 3520
may only be exercised when an appointing authority demotes the 3521
employee to a pay range lower than the employee's current pay 3522
range or revokes the employee's appointment to the unclassified 3523
service. An employee forfeits the right to resume a position in 3524
the classified service when the employee is removed from the 3525
position in the unclassified service due to incompetence, 3526
inefficiency, dishonesty, drunkenness, immoral conduct, 3527
insubordination, discourteous treatment of the public, neglect of 3528
duty, violation of this chapter or the rules of the director of 3529
administrative services, any other failure of good behavior, any 3530
other acts of misfeasance, malfeasance, or nonfeasance in office, 3531
or conviction of a felony. An employee also forfeits the right to 3532
resume a position in the classified service upon transfer to a 3533
different agency.3534

       Reinstatement to a position in the classified service shall 3535
be to a position substantially equal to that position in the 3536
classified service held previously, as certified by the director 3537
of administrative services. If the position the person previously 3538
held in the classified service has been placed in the unclassified3539
service or is otherwise unavailable, the person shall be appointed 3540
to a position in the classified service within the appointing 3541
authority's agency that the director of administrative services 3542
certifies is comparable in compensation to the position the person 3543
previously held in the classified service. Service in the position 3544
in the unclassified service shall be counted as service in the3545
position in the classified service held by the person immediately 3546
prior to the person's appointment to the position in the 3547
unclassified service. When a person is reinstated to a position in 3548
the classified service as provided in this division, the person is 3549
entitled to all rights, status, and benefits accruing to the3550
position in the classified service during the person's time of 3551
service in the position in the unclassified service.3552

       Sec. 124.134.  (A) Each full-time permanent state employee 3553
paid in accordance with section 124.152 of the Revised Code and 3554
those employees listed in divisions (B)(2) and (4) of section 3555
124.14 of the Revised Code, after service of one year, shall have 3556
earned and will be due upon the attainment of the first year of3557
employment, and annually thereafter, eighty hours of vacation3558
leave with full pay. One year of service shall be computed on the 3559
basis of twenty-six biweekly pay periods. A full-time permanent 3560
state employee with five or more years of service shall have 3561
earned and is entitled to one hundred twenty hours of vacation 3562
leave with full pay. A full-time permanent state employee with ten 3563
or more years of service shall have earned and is entitled to one 3564
hundred sixty hours of vacation leave with full pay. A full-time 3565
permanent state employee with fifteen or more years of service 3566
shall have earned and is entitled to one hundred eighty hours of 3567
vacation leave with full pay. A full-time permanent state employee 3568
with twenty or more years of service shall have earned and is 3569
entitled to two hundred hours of vacation leave with full pay. A 3570
full-time permanent state employee with twenty-five or more years 3571
of service shall have earned and is entitled to two hundred forty 3572
hours of vacation leave with full pay. Such vacation leave shall 3573
accrue to the employee at the rate of three and one-tenth hours 3574
each biweekly period for those entitled to eighty hours per year; 3575
four and six-tenths hours each biweekly period for those entitled 3576
to one hundred twenty hours per year; six and two-tenths hours 3577
each biweekly period for those entitled to one hundred sixty hours 3578
per year; six and nine-tenths hours each biweekly period for those 3579
entitled to one hundred eighty hours per year; seven and 3580
seven-tenths hours each biweekly period for those entitled to two 3581
hundred hours per year; and nine and two-tenths hours each 3582
biweekly period for those entitled to two hundred forty hours per 3583
year.3584

       The amount of an employee's service shall be determined in3585
accordance with the standard specified in section 9.44 of the3586
Revised Code. Credit for prior service, including an increased 3587
vacation accrual rate and longevity supplement, shall take effect3588
during the first pay period that begins immediately following the 3589
date the director of administrative services approves granting 3590
credit for that prior service. No employee, other than an employee 3591
who submits proof of prior service within ninety days after the 3592
date of the employee's hiring, shall receive any amount of 3593
vacation leave for the period prior to the date of the director's 3594
approval of the grant of credit for prior service.3595

       Part-time permanent employees who are paid in accordance with 3596
section 124.152 of the Revised Code and full-time permanent 3597
employees subject to this section who are in active pay status for 3598
less than eighty hours in a pay period shall earn vacation leave 3599
on a prorated basis. The ratio between the hours worked and the 3600
vacation hours earned by these classes of employees shall be the 3601
same as the ratio between the hours worked and the vacation hours 3602
earned by a full-time permanent employee with the same amount of 3603
service as provided for in this section.3604

       Vacation leave is not available for use until it appears on 3605
the employee's earning statement and the compensation described in 3606
the earning statement is available to the employee.3607

       (B) Employees granted leave under this section shall forfeit 3608
their right to take or to be paid for any vacation leave to their 3609
credit which is in excess of the accrual for three years. Such 3610
excess leave shall be eliminated from the employees' leave 3611
balance. If an employee's vacation leave credit is at, or will 3612
reach in the immediately following pay period, the maximum of the 3613
accrual for three years and the employee has been denied the use 3614
of vacation leave during the immediately preceding twelve months, 3615
the employee, at the employee's request, shall be paid in a pay 3616
period for the vacation leave the employee was denied, up to the 3617
maximum amount the employee would be entitled to be paid for in 3618
any pay period. An employee is not entitled to receive payment for 3619
vacation leave denied in any pay period in which the employee's 3620
vacation leave credit is not at, or will not reach in the3621
immediately following pay period, the maximum of accrual for three 3622
years. Any vacation leave for which an employee receives payment 3623
shall be deducted from the employee's vacation leave balance. Such 3624
payment shall not be made for any leave accrued in the same 3625
calendar year in which the payment is made.3626

       (C) Upon separation from state service an employee granted 3627
leave under this section is entitled to compensation at the 3628
employee's current rate of pay for all unused vacation leave 3629
accrued under this section or section 124.13 of the Revised Code 3630
to the employee's credit. In case of transfer of an employee from 3631
one state agency to another, the employee shall retain the accrued 3632
and unused vacation leave. In case of death of an employee, such 3633
unused vacation leave shall be paid in accordance with section 3634
2113.04 of the Revised Code, or to the employee's estate. An 3635
employee serving in a temporary work level or an interim 3636
appointment who is eligible to receive compensation under this3637
division shall be compensated at the base rate of pay of the 3638
employee's normal classification.3639

       Sec. 124.135. (A) State employees are entitled to paid leave 3640
when summoned for jury duty by a court of competent jurisdiction 3641
or.3642

       (B) State employees are entitled to paid leave when 3643
subpoenaed to appear before any court, commission, board, or other 3644
legally constituted body authorized by law to compel the 3645
attendance of witnesses, if the employee is not a party to the 3646
action. EachThis division does not apply if the state employee is 3647
a party to the action or proceeding involved or is subpoenaed as a 3648
result of secondary employment outside the service of the state.3649

       (C) Each full-time permanent state employee paid in3650
accordance with section 124.152 of the Revised Code and those 3651
employees described in divisions (B)(2) and (4) of section 124.14 3652
of the Revised Code also may alsobe entitled, atin their 3653
appointing authority's discretion, be entitled to paid leave when 3654
appointed to serve on advisory boards or commissions, or when3655
soliciting for charities for which payroll deductions are made.3656

       Sec. 124.137.  There is hereby created in the state treasury 3657
the parental leave benefit fund. The director of administrative 3658
services shall use moneys credited to the fund solely for the 3659
payment of parental leave benefits available to employees paid by 3660
warrant of the auditor of statedirector of budget and management3661
and for payment of any direct and indirect costs that are 3662
attributable to consultants or a third-party administrator and 3663
that are necessary to administer this section. All investment 3664
earnings of the parental leave fund shall be credited to the fund.3665

       The director of administrative services, in consultation with 3666
the director of budget and management, shall determine a rate at 3667
which the payrolls of all state agencies with employees paid by 3668
warrant of the auditor of statedirector of budget and management3669
shall be charged each pay period that is sufficient to cover the 3670
costs of administering the parental leave benefit program. The 3671
rate shall be based on the total number of such employees and may 3672
be adjusted as the director of administrative services, in 3673
consultation with the director of budget and management, considers 3674
necessary. All money collected from the assessment shall be 3675
credited to the parental leave benefit fund.3676

       Sec. 124.138.  The director of administrative services may3677
establish paid leaves and employee benefits for eligible full-time 3678
fire fighters employed by the adjutant general's department that 3679
are comparable to paid leaves and employee benefits provided to 3680
other full-time permanent employees paid directly by warrant of 3681
the auditor of statedirector of budget and management. Any paid 3682
leaves and employee benefits established under this section shall 3683
be limited to fire fighters regularly scheduled to work at least 3684
one hundred four hours per biweekly pay period and shall be 3685
adjusted so that the ratio between the hours worked and the paid 3686
leave hours earned shall be the same as the ratio between the 3687
hours worked and the paid leave hours earned by full-time 3688
permanent employees with the same amount of accrued service. The 3689
director of administrative services shall adopt rules in 3690
accordance with Chapter 119. of the Revised Code governing any 3691
paid leaves and employee benefits established under this section.3692

       Sec. 124.139. (A) A full-time state employee shall receive up 3693
to two hundred forty hours of leave with pay during each calendar 3694
year to use during those hours when the employee is absent from 3695
work because of the employee's donation of any portion of an adult 3696
liver or because of the employee's donation of an adult kidney.3697

       (B) A full-time state employee shall receive up to fifty-six3698
hours of leave with pay during each calendar year to use during3699
those hours when the employee is absent from work because of the3700
employee's donation of adult bone marrow.3701

       (C) An appointing authority shall compensate a full-time3702
state employee who uses leave granted under division (A) or (B) of3703
this section at the employee's regular rate of pay for those3704
regular work hours during which the employee is absent from work.3705

       (D)(1) The director of administrative services, under section 3706
124.04 of the Revised Code, shall provide information about this 3707
section to full-time employees who are paid directly by warrant of 3708
the auditor of statedirector of budget and management.3709

       (2) The appointing authority of full-time employees who are3710
not paid directly by warrant of the auditor of statedirector of 3711
budget and management shall periodically provide information about 3712
this section to those employees.3713

       Sec. 124.14.  (A)(1) The director of administrative services3714
shall establish, and may modify or repeal, by rule, a job3715
classification plan for all positions, offices, and employments3716
the salaries of which are paid in whole or in part by the state. 3717
The director shall group jobs within a classification so that the3718
positions are similar enough in duties and responsibilities to be3719
described by the same title, to have the same pay assigned with3720
equity, and to have the same qualifications for selection applied. 3721
The director shall, by rule, assign a classification title to each 3722
classification within the classification plan. However, the 3723
director shall consider in establishing classifications, including 3724
classifications with parenthetical titles, and assigning pay 3725
ranges such factors as duties performed only on one shift, special 3726
skills in short supply in the labor market, recruitment problems, 3727
separation rates, comparative salary rates, the amount of training 3728
required, and other conditions affecting employment. The director 3729
shall describe the duties and responsibilities of the class and 3730
establish the qualifications for being employed in that position, 3731
and shall file with the secretary of state a copy of 3732
specifications for all of the classifications. The director shall 3733
file new, additional, or revised specifications with the secretary 3734
of state before being used. 3735

       The director shall, by rule, assign each classification, 3736
either on a statewide basis or in particular counties or state 3737
institutions, to a pay range established under section 124.15 or 3738
section 124.152 of the Revised Code. The director may assign a 3739
classification to a pay range on a temporary basis for a period of 3740
time designated in the rule. The director may establish, by rule 3741
adopted under Chapter 119. of the Revised Code, experimental 3742
classification plans for some or all employees paid directly by3743
warrant of the auditor of statedirector of budget and management. 3744
The rule shall include specifications for each classification 3745
within the plan and shall specifically address compensation 3746
ranges, and methods for advancing within the ranges, for the 3747
classifications, which may be assigned to pay ranges other than 3748
the pay ranges established under section 124.15 or 124.152 of the 3749
Revised Code.3750

       (2) The director of administrative services may reassign to a 3751
proper classification those positions that have been assigned to 3752
an improper classification. If the compensation of an employee in 3753
such a reassigned position exceeds the maximum rate of pay for the 3754
employee's new classification, the employee shall be placed in pay 3755
step X and shall not receive an increase in compensation until the 3756
maximum rate of pay for that classification exceeds the employee's 3757
compensation.3758

       (3) The director may reassign an exempt employee, as defined 3759
in section 124.152 of the Revised Code, to a bargaining unit 3760
classification if the director determines that the bargaining unit 3761
classification is the proper classification for that employee. 3762
Notwithstanding Chapter 4117. of the Revised Code or instruments3763
and contracts negotiated under it, such placements are at the 3764
director's discretion.3765

       (4) The director shall, by rule, assign related3766
classifications, which form a career progression, to a3767
classification series. The director shall, by rule, assign each3768
classification in the classification plan a five-digit number, the 3769
first four digits of which shall denote the classification series 3770
to which the classification is assigned. When a career progression 3771
encompasses more than ten classifications, the director shall, by 3772
rule, identify the additional classifications belonging to a 3773
classification series. Such additional classifications shall be 3774
part of the classification series, notwithstanding the fact that 3775
the first four digits of the number assigned to the additional 3776
classifications do not correspond to the first four digits of the 3777
numbers assigned to other classifications in the classification 3778
series.3779

       (5) The director shall adopt rules in accordance with Chapter3780
119. of the Revised Code for the establishment of a classification 3781
plan for county agencies that elect not to use the services and 3782
facilities of a county personnel department. The rules shall 3783
include a methodology for the establishment of titles unique to 3784
county agencies, the use of state classification titles and 3785
classification specifications for common positions, the criteria 3786
for a county to meet in establishing its own classification plan, 3787
and the establishment of what constitutes a classification series 3788
for county agencies.3789

       (B) Division (A) of this section and sections 124.15 and3790
124.152 of the Revised Code do not apply to the following persons, 3791
positions, offices, and employments:3792

       (1) Elected officials;3793

       (2) Legislative employees, employees of the legislative3794
service commission, employees in the office of the governor, 3795
employees who are in the unclassified civil service and exempt 3796
from collective bargaining coverage in the office of the secretary 3797
of state, auditor of state, treasurer of state, and attorney 3798
general, and employees of the supreme court;3799

       (3) Employees of a county children services board that3800
establishes compensation rates under section 5153.12 of the3801
Revised Code;3802

       (4) Any position for which the authority to determine3803
compensation is given by law to another individual or entity;3804

       (5) Employees of the bureau of workers' compensation whose 3805
compensation the administrator of workers' compensation3806
establishes under division (B) of section 4121.121 of the Revised3807
Code.3808

       (C) The director may employ a consulting agency to aid and3809
assist the director in carrying out this section.3810

       (D)(1) When the director proposes to modify a classification3811
or the assignment of classes to appropriate pay ranges, the3812
director shall send written notice of the proposed rule to the3813
appointing authorities of the affected employees thirty days3814
before the hearing on the proposed rule. The appointing 3815
authorities shall notify the affected employees regarding the 3816
proposed rule. The director shall also send such appointing 3817
authorities notice of any final rule which is adopted within ten 3818
days after adoption.3819

       (2) When the director proposes to reclassify any employee so 3820
that the employee is adversely affected, the director shall give 3821
to the employee affected and to the employee's appointing3822
authority a written notice setting forth the proposed new3823
classification, pay range, and salary. Upon the request of any3824
classified employee who is not serving in a probationary period,3825
the director shall perform a job audit to review the3826
classification of the employee's position to determine whether the 3827
position is properly classified. The director shall give to the 3828
employee affected and to the employee's appointing authority a 3829
written notice of the director's determination whether or not to3830
reclassify the position or to reassign the employee to another3831
classification. An employee or appointing authority desiring a3832
hearing shall file a written request for the hearing with the 3833
state personnel board of review within thirty days after receiving 3834
the notice. The board shall set the matter for a hearing and 3835
notify the employee and appointing authority of the time and place 3836
of the hearing. The employee, appointing authority, or any3837
authorized representative of the employee who wishes to submit3838
facts for the consideration of the board shall be afforded3839
reasonable opportunity to do so. After the hearing, the board3840
shall consider anew the reclassification and may order the3841
reclassification of the employee and require the director to3842
assign the employee to such appropriate classification as the 3843
facts and evidence warrant. As provided in division (A) of section 3844
124.03 of the Revised Code, the board may determine the most 3845
appropriate classification for the position of any employee coming 3846
before the board, with or without a job audit. The board shall 3847
disallow any reclassification or reassignment classification of 3848
any employee when it finds that changes have been made in the 3849
duties and responsibilities of any particular employee for 3850
political, religious, or other unjust reasons.3851

       (E)(1) Employees of each county department of job and family3852
services shall be paid a salary or wage established by the board 3853
of county commissioners. The provisions of section 124.18 of the 3854
Revised Code concerning the standard work week apply to employees 3855
of county departments of job and family services. A board of 3856
county commissioners may do either of the following:3857

       (a) Notwithstanding any other section of the Revised Code,3858
supplement the sick leave, vacation leave, personal leave, and3859
other benefits of any employee of the county department of job and 3860
family services of that county, if the employee is eligible for 3861
the supplement under a written policy providing for the 3862
supplement;3863

       (b) Notwithstanding any other section of the Revised Code,3864
establish alternative schedules of sick leave, vacation leave,3865
personal leave, or other benefits for employees not inconsistent3866
with the provisions of a collective bargaining agreement covering3867
the affected employees.3868

       (2) The provisions of division (E)(1) of this section do not 3869
apply to employees for whom the state employment relations board 3870
establishes appropriate bargaining units pursuant to section 3871
4117.06 of the Revised Code, except in either of the following 3872
situations:3873

       (a) The employees for whom the state employment relations3874
board establishes appropriate bargaining units elect no3875
representative in a board-conducted representation election.3876

       (b) After the state employment relations board establishes3877
appropriate bargaining units for such employees, all employee3878
organizations withdraw from a representation election.3879

       (F) With respect to officers and employees of state-supported 3880
colleges and universities and except for the powers and duties of 3881
the state personnel board of review set forth in section 124.03 of 3882
the Revised Code, the powers, duties, and functions of the 3883
department of administrative services and of the director of 3884
administrative services specified in this chapter are hereby 3885
vested in and assigned to the boards of trustees of those colleges3886
and universities, or those officers to whom the boards of trustees3887
have delegated these powers, duties, and functions, subject to a3888
periodic audit and review by the director. In exercising the 3889
powers, duties, and functions of the director, the boards of 3890
trustees or the officers to whom these powers, duties, and 3891
functions were delegated need not establish a job classification 3892
plan for unclassified employees and may proceed under section 3893
111.15 of the Revised Code when exercising the director's 3894
rule-making authority. The adoption, amendment, rescission, and3895
enforcement of rules under this division is not subject to 3896
approval, disapproval, or modification by the state personnel 3897
board of review. Nothing in this division shall be construed to 3898
limit the right of any classified employee who possesses the right 3899
of appeal to the state personnel board of review to continue to 3900
possess that right of appeal.3901

       Upon the director's determination or finding of the misuse by 3902
the board of trustees of or a designated officer of a 3903
state-supported college or university of the authority granted 3904
under this division, the director shall order and direct the 3905
personnel functions of that state-supported college or university 3906
until sections 124.01 to 124.64 of the Revised Code have been 3907
fully complied with.3908

       (G)(1) Each board of county commissioners may, by a3909
resolution adopted by a majority of its members, establish a3910
county personnel department to exercise the powers, duties, and3911
functions specified in division (G) of this section. As used in3912
division (G) of this section, "county personnel department" means3913
a county personnel department established by a board of county3914
commissioners under division (G)(1) of this section.3915

       (2) Each board of county commissioners may, by a resolution 3916
adopted by a majority of its members, designate the county 3917
personnel department of the county to exercise the powers, duties, 3918
and functions of the department of administrative services and the 3919
director of administrative services specified in sections 124.01 3920
to 124.64 and Chapter 325. of the Revised Code, except for the 3921
powers and duties of the state personnel board of review, which 3922
powers and duties shall not be construed as having been modified 3923
or diminished in any manner by division (G)(2) of this section, 3924
with respect to the employees for whom the board of county 3925
commissioners is the appointing authority or co-appointing3926
authority. Upon certification of a copy of the resolution by the3927
board to the director, these powers, duties, and functions are3928
vested in and assigned to the county personnel department with3929
respect to the employees for whom the board of county3930
commissioners is the appointing authority or co-appointing3931
authority. The certification to the director shall be provided not 3932
later than one hundred twenty days before the first day of July of 3933
an odd-numbered year, and, following the certification, the 3934
powers, duties, and functions specified in sections 124.01 to3935
124.64 and Chapter 325. of the Revised Code shall be vested in and 3936
assigned to the county personnel department on that first day of 3937
July. Nothing in division (G)(2) of this section shall be3938
construed to limit the right of any employee who possesses the3939
right of appeal to the state personnel board of review to continue 3940
to possess that right of appeal.3941

       Any board of county commissioners that has established a3942
county personnel department may contract with the department of3943
administrative services, another political subdivision, or an3944
appropriate public or private entity to provide competitive3945
testing services or other appropriate services.3946

       (3) After the county personnel department of a county has3947
assumed the powers, duties, and functions of the department of3948
administrative services and the director as described in division3949
(G)(2) of this section, any elected official, board, agency, or3950
other appointing authority of that county may, upon notification3951
to the director, elect to use the services and facilities of the3952
county personnel department. Upon the acceptance by the director3953
of such notification, the county personnel department shall3954
exercise the powers, duties, and functions of the department of3955
administrative services and the director as described in division3956
(G)(2) of this section with respect to the employees of that3957
elected official, board, agency, or other appointing authority.3958
The notification to the director shall be provided not later than3959
one hundred twenty days before the first day of July of an3960
odd-numbered year, and, following the notification, the powers,3961
duties, and functions specified in sections 124.01 to 124.64 and3962
Chapter 325. of the Revised Code with respect to the employees of3963
that elected official, board, agency, or other appointing3964
authority shall be vested in and assigned to the county personnel3965
department on that first day of July. Except for those employees3966
under the jurisdiction of the county personnel department, the3967
director shall continue to exercise these powers, duties, and3968
functions with respect to employees of the county.3969

       (4) Each board of county commissioners that has established a 3970
county personnel department may, by a resolution adopted by a 3971
majority of its members, disband the county personnel department 3972
and return to the department of administrative services for the 3973
administration of sections 124.01 to 124.64 and Chapter 325. of 3974
the Revised Code. The board shall, not later than one hundred 3975
twenty days before the first day of July of an odd-numbered year, 3976
send the director a certified copy of the resolution disbanding 3977
the county personnel department. All powers, duties, and functions 3978
previously vested in and assigned to the county personnel 3979
department shall return to the director on that first day of July.3980

       (5) Any elected official, board, agency, or appointing3981
authority of a county may return to the department of3982
administrative services for the administration of sections 124.013983
to 124.64 and Chapter 325. of the Revised Code. The elected3984
official, board, agency, or appointing authority shall, not later3985
than one hundred twenty days before the first day of July of an3986
odd-numbered year, send the director a certified copy of the3987
resolution that states its decision. All powers, duties, and3988
functions previously vested in and assigned to the county3989
personnel department with respect to the employees of that elected 3990
official, board, agency, or appointing authority shall return to 3991
the director on that first day of July.3992

       (6) The director, by rule adopted in accordance with Chapter 3993
119. of the Revised Code, shall prescribe criteria and procedures 3994
for granting to each county personnel department the powers, 3995
duties, and functions of the department of administrative services 3996
and the director as described in division (G)(2) of this section 3997
with respect to the employees of an elected official, board, 3998
agency, or other appointing authority or co-appointing authority. 3999
The rules shall cover the following criteria and procedures:4000

       (a) The notification to the department of administrative4001
services that an elected official, board, agency, or other4002
appointing authority of a county has elected to use the services4003
and facilities of the county personnel department;4004

       (b) A requirement that each county personnel department, in 4005
carrying out its duties, adhere to merit system principles with 4006
regard to employees of county departments of job and family 4007
services, child support enforcement agencies, and public child 4008
welfare agencies so that there is no threatened loss of federal 4009
funding for these agencies, and a requirement that the county be4010
financially liable to the state for any loss of federal funds due4011
to the action or inaction of the county personnel department. The 4012
costs associated with audits conducted to monitor compliance with 4013
division (G)(6)(b) of this section shall be borne equally by the 4014
department of administrative services and the county.4015

       (c) The termination of services and facilities rendered by4016
the department of administrative services, to include rate4017
adjustments, time periods for termination, and other related4018
matters;4019

       (d) Authorization for the director of administrative services 4020
to conduct periodic audits and reviews of county personnel 4021
departments to guarantee the uniform application of this granting 4022
of the director's powers, duties, and functions. The costs of the 4023
audits and reviews shall be borne equally by the department of 4024
administrative services and the county for which the services were 4025
performed.4026

       (e) The dissemination of audit findings under division4027
(G)(5)(d) of this section, any appeals process relating to adverse 4028
findings by the department, and the methods whereby the county 4029
personnel program will revert to the authority of the director of 4030
administrative services due to misuse or nonuniform application of 4031
the authority granted to the county under division (G)(2) or (3) 4032
of this section.4033

       (H) The director of administrative services shall establish 4034
the rate and method of compensation for all employees who are paid 4035
directly by warrant of the auditor of statedirector of budget and 4036
management and who are serving in positions which the director of 4037
administrative services has determined impracticable to include in 4038
the state job classification plan. This division does not apply to 4039
elected officials, legislative employees, employees of the 4040
legislative service commission, employees who are in the 4041
unclassified civil service and exempt from collective bargaining 4042
coverage in the office of the secretary of state, auditor of 4043
state, treasurer of state, and attorney general, employees of the 4044
courts, employees of the bureau of workers' compensation whose 4045
compensation the administrator of workers' compensation 4046
establishes under division (B) of section 4121.121 of the Revised 4047
Code, or employees of an appointing authority authorized by law to 4048
fix the compensation of those employees.4049

       (I) The director shall set the rate of compensation for all 4050
intermittent, interim, seasonal, temporary, emergency, and casual 4051
employees who are not considered public employees under section4052
4117.01 of the Revised Code. Such employees are not entitled to 4053
receive employee benefits. This rate of compensation shall be4054
equitable in terms of the rate of employees serving in the same or 4055
similar classifications. This division does not apply to elected 4056
officials, legislative employees, employees of the legislative 4057
service commission, employees who are in the unclassified civil4058
service and exempt from collective bargaining coverage in the 4059
office of the secretary of state, auditor of state, treasurer of 4060
state, and attorney general, employees of the courts, employees of 4061
the bureau of workers' compensation whose compensation the 4062
administrator establishes under division (B) of section 4121.121 4063
of the Revised Code, or employees of an appointing authority 4064
authorized by law to fix the compensation of those employees.4065

       Sec. 124.151.  (A) As used in this section, "compensation"4066
includes, but is not limited to, wages and salary, travel4067
allowances paid pursuant to section 101.27 of the Revised Code,4068
and benefits paid pursuant to sections 124.13, 124.19, 124.381,4069
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised4070
Code.4071

       (B)(1) The compensation of any employee whose employment4072
commenced on or after the effective date of this amendment and who4073
is paid by warrant of the auditor of statedirector of budget and 4074
management shall be paid by direct deposit. Each such employee4075
shall provide to the appointing authority a written authorization4076
for payment by direct deposit. The authorization shall include the4077
designation of a financial institution equipped to accept direct4078
deposits and the number of the account into which the deposit is4079
to be made. The authorization shall remain in effect until4080
withdrawn in writing by the employee or until dishonored by the4081
financial institution. The director of administrative services4082
shall provide by rule adopted under Chapter 119. of the Revised4083
Code for the direct deposit in a financial institution of the4084
compensation of an employee who fails to provide to the appointing4085
authority a written authorization for payment by direct deposit.4086

       (2) Division (B)(1) of this section does not apply to an 4087
employee who was appointed to the employee's current position 4088
before June 5, 2002, who is a public employee as defined in 4089
section 4117.01 of the Revised Code, and whose applicable 4090
collective bargaining agreement does not require the employee to 4091
be paid by direct deposit.4092

       Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2) 4093
and (3) of this section, each exempt employee shall be paid a 4094
salary or wage in accordance with schedule E-1 or schedule E-2 of 4095
division (B) or (C) of this section.4096

       (2) Each exempt employee who holds a position in the 4097
unclassified civil service pursuant to division (A)(26) or (30) of 4098
section 124.11 of the Revised Code may be paid a salary or wage in 4099
accordance with schedule E-1, schedule E-1 for step seven only, or 4100
schedule E-2 of division (B),or (C), (D), or (E) of this section, 4101
as applicable.4102

       (3)(a) Except as provided in division (A)(3)(b) of this 4103
section, each exempt employee who was paid a salary or wage at 4104
step 7 in the employee's pay range on June 28, 2003, in accordance 4105
with the applicable schedule E-1 of former section 124.152 of the 4106
Revised Code and who continued to be so paid on June 29, 2003, 4107
shall be paid a salary or wage in the corresponding pay range in 4108
schedule E-1 for step seven only of division (D) or (E)(C) of this 4109
section for as long as the employee remains in the position the 4110
employee held as of July 1, 2003.4111

       (b) Except as provided in division (A)(3)(c) of this section, 4112
if an exempt employee who is being paid a salary or wage in 4113
accordance with schedule E-1 for step seven only of division (D) 4114
or (E)(C) of this section moves to another position, the employee 4115
shall not receive a salary or wage for that position or any other 4116
position in the future in accordance with that schedule.4117

        (c) If an exempt employee who is being paid a salary or wage 4118
in accordance with schedule E-1 for step seven only of division 4119
(D) or (E)(C) of this section moves to another position assigned 4120
to pay range 12 or above, the appointing authority has the 4121
discretion to assign the employee to be paid a salary or wage in 4122
the appropriate pay range for that position in accordance with 4123
schedule E-1 for step seven only, provided that the appointing 4124
authority so notifies the director of administrative services in 4125
writing at the time the employee is appointed to that position.4126

        (B) Beginning on the first day of the pay period that4127
includes July 1, 20022006, each exempt employee who must be paid 4128
in accordance with schedule E-1 or schedule E-2 of this section 4129
shall be paid a salary or wage in accordance with the following 4130
schedule of rates:4131

Schedule E-14132

Pay Ranges and Step Values
4133

Step Step Step Step Step Step 4134
Range 1 2 3 4 5 6 4135
1 Hourly 8.78 9.16 9.56 9.97 4136
Annually 18262 19053 19885 20738 4137
2 Hourly 10.64 11.09 11.58 12.08 4138
Annually 22131 23067 24086 25126 4139
3 Hourly 11.14 11.65 12.16 12.69 4140
Annually 23171 24232 25293 26395 4141
4 Hourly 11.70 12.23 12.81 13.38 4142
Annually 24336 25438 26645 27830 4143
5 Hourly 12.28 12.84 13.38 13.97 4144
Annually 25542 26707 27830 29058 4145
6 Hourly 12.94 13.47 14.07 14.64 4146
Annually 26915 28018 29266 30451 4147
7 Hourly 13.74 14.26 14.83 15.35 15.94 4148
Annually 28579 29661 30846 31928 33155 4149
8 Hourly 14.53 15.16 15.83 16.53 17.23 4150
Annually 30222 31533 32926 34382 35838 4151
9 Hourly 15.50 16.30 17.11 17.95 18.87 4152
Annually 32240 33904 35589 37336 39250 4153
10 Hourly 16.72 17.63 18.58 19.65 20.70 4154
Annually 34778 36670 38646 40872 43056 4155
11 Hourly 18.20 19.27 20.38 21.53 22.76 4156
Annually 37856 40082 42390 44782 47341 4157
12 Hourly 20.08 21.21 22.35 23.59 24.90 26.26 4158
Annually 41766 44117 46488 49067 51792 54621 4159
13 Hourly 22.13 23.35 24.63 25.95 27.40 28.90 4160
Annually 46030 48568 51230 53976 56992 60112 4161
14 Hourly 24.35 25.72 27.10 28.59 30.20 31.88 4162
Annually 50648 53498 56368 59467 62816 66310 4163
15 Hourly 26.74 28.24 29.84 31.48 33.22 35.06 4164
Annually 55619 58739 62067 65478 69098 72925 4165
16 Hourly 29.48 31.12 32.84 34.67 36.59 38.67 4166
Annually 61318 64730 68307 72114 76107 80434 4167
17 Hourly 32.49 34.28 36.20 38.20 40.33 42.58 4168
Annually 67579 71302 75296 79456 83886 88566 4169
18 Hourly 35.80 37.78 39.90 42.11 44.43 46.92 4170
Annually 74464 78582 82992 87589 92414 97594 4171

1 Hourly 9.40 9.82 10.24 10.68 4172
Annually 19552 20426 21299 22214 4173
2 Hourly 11.40 11.88 12.40 12.94 4174
Annually 23712 24710 25792 26915 4175
3 Hourly 11.94 12.48 13.03 13.60 4176
Annually 24835 25958 27102 28288 4177
4 Hourly 12.54 13.10 13.72 14.34 4178
Annually 26083 27248 28538 29827 4179
5 Hourly 13.15 13.75 14.34 14.97 4180
Annually 27352 28600 29827 31138 4181
6 Hourly 13.86 14.43 15.07 15.69 4182
Annually 28829 30014 31346 32635 4183
7 Hourly 14.72 15.27 15.88 16.44 17.08 4184
Annually 30618 31762 33030 34195 35526 4185
8 Hourly 15.56 16.24 16.95 17.71 18.46 4186
Annually 32365 33779 35256 36837 38397 4187
9 Hourly 16.60 17.46 18.32 19.23 20.21 4188
Annually 34528 36317 38106 39998 42037 4189
10 Hourly 17.91 18.89 19.90 21.05 22.18 4190
Annually 37253 39291 41392 43784 46134 4191
11 Hourly 19.50 20.64 21.84 23.06 24.38 4192
Annually 40560 42931 45427 47965 50710 4193
12 Hourly 21.51 22.72 23.94 25.27 26.68 28.13 4194
Annually 44741 47258 49795 52562 55494 58510 4195
13 Hourly 23.71 25.01 26.39 27.80 29.36 30.96 4196
Annually 49317 52021 54891 57824 61069 64397 4197
14 Hourly 26.08 27.55 29.03 30.62 32.35 34.15 4198
Annually 54246 57304 60382 63690 67288 71032 4199
15 Hourly 28.64 30.25 31.96 33.72 35.59 37.55 4200
Annually 59571 62920 66477 70138 74027 78104 4201
16 Hourly 31.58 33.33 35.17 37.14 39.19 41.43 4202
Annually 65686 69326 73154 77251 81515 86174 4203
17 Hourly 34.80 36.72 38.78 40.92 43.20 45.61 4204
Annually 72384 76378 80662 85114 89856 94869 4205
18 Hourly 38.35 40.47 42.75 45.10 47.60 50.26 4206
Annually 79768 84178 88920 93808 99008 104541 4207

Schedule E-24208

Range Minimum Maximum 4209
41 Hourly 16.23 32.46 4210
Annually 33758 67517 4211
42 Hourly 17.89 35.86 4212
Annually 37211 74589 4213
43 Hourly 19.70 39.49 4214
Annually 40976 82139 4215
44 Hourly 21.73 43.13 4216
Annually 45198 89710 4217
45 Hourly 24.01 47.09 4218
Annually 49941 97947 4219
46 Hourly 26.43 51.46 4220
Annually 54974 107037 4221
47 Hourly 29.14 56.16 4222
Annually 60611 116813 4223
48 Hourly 32.14 61.29 4224
Annually 66851 127483 4225
49 Hourly 35.44 66.18 4226
Annually 73715 137654 4227

41 Hourly 16.23 34.77 4228
Annually 33758 72322 4229
42 Hourly 17.89 38.41 4230
Annually 37211 79893 4231
43 Hourly 19.70 42.30 4232
Annually 40976 87984 4233
44 Hourly 21.73 46.21 4234
Annually 45198 96117 4235
45 Hourly 24.01 50.44 4236
Annually 49941 104915 4237
46 Hourly 26.43 55.13 4238
Annually 54974 114670 4239
47 Hourly 29.14 60.16 4240
Annually 60611 125133 4241
48 Hourly 32.14 65.65 4242
Annually 66851 136552 4243
49 Hourly 35.44 70.89 4244
Annually 73715 147451 4245

       (C) Beginning on the first day of the pay period that 4246
includes July 1, 2005, each exempt employee who must be paid in 4247
accordance with schedule E-1 or schedule E-2 of this section shall 4248
be paid a salary or wage in accordance with the following schedule 4249
of rates:4250

Schedule E-14251

Pay Ranges and Step Values
4252

Step Step Step Step Step Step 4253
Range 1 2 3 4 5 6 4254
1 Hourly 9.13 9.53 9.94 10.37 4255
Annually 18990 19822 20675 21570 4256
2 Hourly 11.07 11.53 12.04 12.56 4257
Annually 23026 23982 25043 26125 4258
3 Hourly 11.59 12.12 12.65 13.20 4259
Annually 24107 25210 26312 27456 4260
4 Hourly 12.17 12.72 13.32 13.92 4261
Annually 25314 26458 27706 28954 4262
5 Hourly 12.77 13.35 13.92 14.53 4263
Annually 26562 27768 28954 30222 4264
6 Hourly 13.46 14.01 14.63 15.23 4265
Annually 27997 29141 30430 31678 4266
7 Hourly 14.29 14.83 15.42 15.96 16.58 4267
Annually 29723 30846 32074 33197 34486 4268
8 Hourly 15.11 15.77 16.46 17.19 17.92 4269
Annually 31429 32802 34237 35755 37274 4270
9 Hourly 16.12 16.95 17.79 18.67 19.62 4271
Annually 33530 35256 37003 38834 40810 4272
10 Hourly 17.39 18.34 19.32 20.44 21.53 4273
Annually 36171 38147 40186 42515 44782 4274
11 Hourly 18.93 20.04 21.20 22.39 23.67 4275
Annually 39374 41683 44096 46571 49234 4276
12 Hourly 20.88 22.06 23.24 24.53 25.90 27.31 4277
Annually 43430 45885 48339 51022 53872 56805 4278
13 Hourly 23.02 24.28 25.62 26.99 28.50 30.06 4279
Annually 47882 50502 53290 56139 59280 62525 4280
14 Hourly 25.32 26.75 28.18 29.73 31.41 33.16 4281
Annually 52666 55640 58614 61838 65333 68973 4282
15 Hourly 27.81 29.37 31.03 32.74 34.55 36.46 4283
Annually 57845 61090 64542 68099 71864 75837 4284
16 Hourly 30.66 32.36 34.15 36.06 38.05 40.22 4285
Annually 63773 67309 71032 75005 79144 83658 4286
17 Hourly 33.79 35.65 37.65 39.73 41.94 44.28 4287
Annually 70283 74152 78312 82638 87235 92102 4288
18 Hourly 37.23 39.29 41.50 43.79 46.21 48.80 4289
Annually 77438 81723 86320 91083 96117 101504 4290

Schedule E-24291

Range Minimum Maximum 4292
41 Hourly 16.23 33.76 4293
Annually 33758 70221 4294
42 Hourly 17.89 37.29 4295
Annually 37211 77563 4296
43 Hourly 19.70 41.07 4297
Annually 40976 85426 4298
44 Hourly 21.73 44.86 4299
Annually 45198 93309 4300
45 Hourly 24.01 48.97 4301
Annually 49941 101858 4302
46 Hourly 26.43 53.52 4303
Annually 54974 111322 4304
47 Hourly 29.14 58.41 4305
Annually 60611 121493 4306
48 Hourly 32.14 63.74 4307
Annually 66851 132579 4308
49 Hourly 35.44 68.83 4309
Annually 73715 143166 4310

       (D) Beginning on the first day of the pay period that 4311
includes July 1, 20032006, each exempt employee who must be paid 4312
in accordance with schedule E-1 for step seven only shall be paid 4313
a salary or wage in accordance with the following schedule of 4314
rates:4315

Schedule E-1 for Step Seven Only4316

Pay Ranges and Step Seven Values
4317

Range 4318
12 Hourly 27.71 4319
Annually 57637 4320
13 Hourly 30.49 4321
Annually 63419 4322
14 Hourly 33.62 4323
Annually 69930 4324
15 Hourly 36.98 4325
Annually 76918 4326
16 Hourly 40.80 4327
Annually 84864 4328
17 Hourly 44.93 4329
Annually 93454 4330
18 Hourly 49.50 4331
Annually 102960 4332

       (E) Beginning on the first day of the pay period that 4333
includes July 1, 2005, each exempt employee who must be paid in 4334
accordance with schedule E-1 for step seven only shall be paid a 4335
salary or wage in accordance with the following schedule of rates:4336

Schedule E-1 for Step Seven Only4337

Pay Ranges and Step Seven Values
4338

Range 4339
12 Hourly 28.82 4340
Annually 59946 4341
13 Hourly 31.71 4342
Annually 65957 4343
14 Hourly 34.96 4344
Annually 72717 4345
15 Hourly 38.46 4346
Annually 79997 4347
16 Hourly 42.43 4348
Annually 88254 4349
17 Hourly 46.73 4350
Annually 97198 4351
18 Hourly 51.48 4352
Annually 107078 4353

12 Hourly 29.68 4354
Annually 61734 4355
13 Hourly 32.66 4356
Annually 67933 4357
14 Hourly 36.01 4358
Annually 74901 4359
15 Hourly 39.61 4360
Annually 82389 4361
16 Hourly 43.70 4362
Annually 90896 4363
17 Hourly 48.13 4364
Annually 100110 4365
18 Hourly 53.02 4366
Annually 110282 4367

       (F)(D) As used in this section, "exempt employee" means a4368
permanent full-time or permanent part-time employee paid directly4369
by warrant of the auditor of statedirector of budget and 4370
management whose position is included in the job classification 4371
plan established under division (A) of section 124.14 of the 4372
Revised Code but who is not considered a public employee for the 4373
purposes of Chapter 4117. of the Revised Code. As used in this 4374
section, "exempt employee" also includes a permanent full-time or 4375
permanent part-time employee of the secretary of state, auditor of 4376
state, treasurer of state, or attorney general who has not been 4377
placed in an appropriate bargaining unit by the state employment 4378
relations board.4379

       Sec. 124.18.  (A) Forty hours shall be the standard work week4380
for all employees whose salary or wage is paid in whole or in part 4381
by the state or by any state-supported college or university. When 4382
any employee whose salary or wage is paid in whole or in part by 4383
the state or by any state-supported college or university is 4384
required by an authorized administrative authority to be in an 4385
active pay status more than forty hours in any calendar week, the 4386
employee shall be compensated for such time over forty hours, 4387
except as otherwise provided in this section, at one and one-half 4388
times the employee's regular rate of pay. The use of sick leave or 4389
any leave used in lieu of sick leave shall not be considered to be 4390
active pay status for the purposes of earning overtime or 4391
compensatory time by employees whose wages are paid directly by 4392
warrant of the auditor of statedirector of budget and management. 4393
A flexible-hours employee is not entitled to compensation for 4394
overtime work unless the employee's authorized administrative 4395
authority required the employee to be in active pay status for 4396
more than forty hours in a calendar week, regardless of the number 4397
of hours the employee works on any day in the same calendar week.4398

       Such compensation for overtime work shall be paid no later 4399
than at the conclusion of the next succeeding pay period.4400

       If the employee elects to take compensatory time off in lieu 4401
of overtime pay for any overtime worked, such compensatory time 4402
shall be granted by the employee's administrative superior, on a 4403
time and one-half basis, at a time mutually convenient to the 4404
employee and the administrative superior. AnCompensatory time is 4405
not available for use until it appears on the employee's earning 4406
statement and the compensation described in the earning statement 4407
is available to the employee.4408

       An employee may accrue compensatory time to a maximum of two 4409
hundred forty hours, except that public safety employees and other 4410
employees who meet the criteria established in the "Federal Fair 4411
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, 4412
as amended, may accrue a maximum of four hundred eighty hours of 4413
compensatory time. An employee shall be paid at the employee's 4414
regular rate of pay for any hours of compensatory time accrued in 4415
excess of these maximum amounts if the employee has not used the 4416
compensatory time within one hundred eighty days after it is 4417
granted, if the employee transfers to another agency of the state, 4418
or if a change in the employee's status exempts the employee from 4419
the payment of overtime compensation. Upon the termination of 4420
employment, any employee with accrued but unused compensatory time 4421
shall be paid for that time at a rate that is the greater of the 4422
employee's final regular rate of pay or the employee's average 4423
regular rate of pay during the employee's last three years of 4424
employment with the state.4425

       No overtime, as described in this section, can be paid unless 4426
it has been authorized by the authorized administrative authority. 4427
Employees may be exempted from the payment of compensation as 4428
required by this section only under the criteria for exemption 4429
from the payment of overtime compensation established in the 4430
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 4431
U.S.C.A. 207, 213, as amended. With the approval of the director 4432
of administrative services, the appointing authority may establish 4433
a policy to grant compensatory time or to pay compensation to 4434
state employees who are exempt from overtime compensation. With 4435
the approval of the board of county commissioners, a county human 4436
services department may establish a policy to grant compensatory4437
time or to pay compensation to employees of the department who are 4438
exempt from overtime compensation.4439

       (B)(1) An employee, whose salary or wage is paid in whole or 4440
in part by the state, shall be paid for the holidays declared in4441
section 124.19 of the Revised Code and shall not be required to4442
work on those holidays, unless, in the opinion of the employee's4443
responsible administrative authority, failure to work on those4444
holidays would impair the public service. An employee paid 4445
directly by warrant of the auditor of statedirector of budget and 4446
management who is scheduled to work on a holiday and who does not 4447
report to work the day before, the day of, or the day after the 4448
holiday due to an illness of the employee or of a member of the 4449
employee's immediate family shall not receive holiday pay as 4450
provided by this division, unless the employee can provide 4451
documentation of extenuating circumstances that prohibited the 4452
employee from so reporting to work. An employee also shall not be 4453
paid for a holiday unless the employee was in active pay status on 4454
the scheduled work day immediately preceding the holiday. 4455

       (2) If any of the holidays declared in section 124.19 of the 4456
Revised Code falls on Saturday, the Friday immediately preceding4457
shall be observed as the holiday. If any of the holidays declared 4458
in section 124.19 of the Revised Code falls on Sunday, the Monday 4459
immediately succeeding shall be observed as the holiday. Employees 4460
whose work schedules are based on the requirements of a 4461
seven-days-a-week work operation shall observe holidays on the 4462
actual days specified in section 124.19 of the Revised Code.4463

       (3) If an employee's work schedule is other than Monday 4464
through Friday, the employee shall be entitled to eight hours of4465
holiday pay for holidays observed on the employee's day off 4466
regardless of the day of the week on which they are observed. A4467

       (4) A full-time permanent employee is entitled to a minimum 4468
of eight hours of pay for each holiday regardless of the 4469
employee's work shift and work schedule. A flexible-hours employee 4470
is entitled to holiday pay for the number of hours for which the4471
employee normally would have been scheduled to work, who is 4472
normally scheduled to work in excess of eight hours on a day on 4473
which a holiday falls, either shall be required to work an 4474
alternate schedule for that week or shall receive additional 4475
holiday pay for the hours the employee is normally scheduled to 4476
work. Such an alternate schedule may require a flexible-hours 4477
employee to work five shifts consisting of eight hours each during 4478
the week including the holiday, and, in that case, the employee 4479
shall receive eight hours of holiday pay for the day the holiday 4480
is observed. Part-time4481

       (5) Part-time permanent employees shall be paidreceive4482
holiday pay for that portion of any holiday for which they would 4483
normally have been scheduled to workon a pro-rated basis, based 4484
upon the daily average of actual hours worked, excluding overtime 4485
hours worked, in the previous calendar quarter. The figure shall 4486
be calculated for the preceding calendar quarter on the first day 4487
of January, April, July, and October of each year. When4488

       (6) When an employee who is eligible for overtime pay under4489
this section is required by the employee's responsible4490
administrative authority to work on the day observed as a holiday, 4491
the employee shall be entitled to pay for such time worked at one 4492
and one-half times the employee's regular rate of pay in addition 4493
to the employee's regular pay, or to be granted compensatory time 4494
off at time and one-half thereafter, at the employee's option. 4495
Payment at such rate shall be excluded in the calculation of hours 4496
in active pay status.4497

       (C) Each appointing authority may designate the number of4498
employees in an agency who are flexible-hours employees. The4499
appointing authority may establish for each flexible-hours4500
employee a specified minimum number of hours to be worked each day 4501
that is consistent with the "Federal Fair Labor Standards Act of 4502
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.4503

       (D) This section shall be uniformly administered for 4504
employees as defined in section 124.01 of the Revised Code and by 4505
the personnel departments of state-supported colleges and 4506
universities for employees of state-supported colleges and 4507
universities. If employees are not paid directly by warrant of the 4508
auditor of statedirector of budget and management, the political4509
subdivision shall determine whether the use of sick leave shall be 4510
considered to be active pay status for purposes of those employees 4511
earning overtime or compensatory time.4512

       (E) Policies relating to the payment of overtime pay or the4513
granting of compensatory time off shall be adopted by the chief 4514
administrative officer of the house of representatives for 4515
employees of the house of representatives, by the clerk of the 4516
senate for employees of the senate, and by the director of the 4517
legislative service commission for all other legislative 4518
employees.4519

       (F) As used in this section, "regular rate of pay" means the4520
base rate of pay an employee receives plus any pay supplements4521
received pursuant to section 124.181 of the Revised Code.4522

       Sec. 124.181.  (A) Except as provided in division (M) of this 4523
section, any employee paid in accordance with schedule B of4524
section 124.15 or schedule E-1 or schedule E-1 for step seven only 4525
of section 124.152 of the Revised Code is eligible for the pay 4526
supplements provided in this section upon application by the 4527
appointing authority substantiating the employee's qualifications 4528
for the supplement and with the approval of the director of 4529
administrative services except as provided in division (E) of this 4530
section.4531

       (B)(1) Except as provided in section 124.183 of the Revised 4532
Code, in computing any of the pay supplements provided in this 4533
section for an employee paid in accordance with schedule B of 4534
section 124.15 of the Revised Code, the classification salary base 4535
shall be the minimum hourly rate of the pay range, provided in 4536
that section, in which the employee is assigned at the time of 4537
computation.4538

       (2) Except as provided in section 124.183 of the Revised 4539
Code, in computing any of the pay supplements provided in this 4540
section for an employee paid in accordance with schedule E-1 of 4541
section 124.152 of the Revised Code, the classification salary 4542
base shall be the minimum hourly rate of the pay range, provided 4543
in that section, in which the employee is assigned at the time of 4544
computation.4545

       (3) Except as provided in section 124.183 of the Revised 4546
Code, in computing any of the pay supplements provided in this 4547
section for an employee paid in accordance with schedule E-1 for 4548
step seven only of section 124.152 of the Revised Code, the 4549
classification salary base shall be the minimum hourly rate in the 4550
corresponding pay range, provided in schedule E-1 of that section, 4551
to which the employee is assigned at the time of the computation.4552

       (C) The effective date of any pay supplement, except as