As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 153


Representative Amstutz 

Cosponsors: Representatives Adams, J., Beck, Blair, Blessing, Boose, Buchy, Burke, Combs, Dovilla, Duffey, Grossman, Hackett, Hall, Hollington, Maag, McClain, Newbold, Rosenberger, Ruhl, Slaby, Sprague, Stebelton, Uecker Speaker Batchelder 



A BILL
To amend sections 7.10, 7.11, 7.12, 9.03, 9.06, 1
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 2
101.15, 102.02, 105.41, 107.09, 109.02, 109.36, 3
109.42, 109.57, 109.572, 111.12, 111.16, 111.18, 4
117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 5
118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 6
121.37, 121.40, 121.401, 121.402, 121.403, 7
121.404, 122.085, 122.088, 122.0810, 122.0816, 8
122.0819, 122.121, 122.171, 122.65, 122.652, 9
122.653, 122.657, 122.76, 123.011, 124.09, 124.23, 10
124.231, 124.24, 124.25, 124.26, 124.27, 124.31, 11
124.34, 124.393, 125.021, 125.15, 125.18, 125.28, 12
125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 13
131.23, 131.44, 131.51, 133.06, 133.18, 133.20, 14
133.55, 135.05, 135.61, 135.65, 135.66, 145.27, 15
149.01, 149.091, 149.11, 149.311, 153.01, 153.02, 16
153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 17
153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 18
153.67, 153.69, 153.70, 153.71, 153.80, 154.02, 19
154.07, 164.02, 164.04, 164.05, 164.051, 164.06, 20
164.08, 164.14, 164.21, 166.02, 173.14, 173.21, 21
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 22
173.401, 173.403, 173.404, 173.42, 173.45, 173.46, 23
173.47, 173.48, 173.501, 183.30, 183.51, 185.01, 24
185.03, 185.06, 185.10, 301.02, 301.15, 301.28, 25
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 26
307.12, 307.676, 307.70, 307.79, 307.791, 307.81, 27
307.82, 307.83, 307.86, 308.13, 317.20, 319.11, 28
319.301, 319.54, 321.18, 322.02, 322.021, 323.08, 29
323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 30
340.05, 340.091, 340.11, 341.192, 343.08, 345.03, 31
349.01, 349.03, 349.04, 349.06, 349.07, 349.09, 32
349.14, 501.07, 503.05, 503.162, 503.41, 504.02, 33
504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 34
505.264, 505.28, 505.373, 505.55, 505.73, 507.09, 35
511.23, 511.25, 511.28, 511.34, 513.14, 515.04, 36
517.12, 517.22, 521.03, 705.16, 711.35, 715.011, 37
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 38
721.03, 721.15, 721.20, 723.07, 727.011, 727.012, 39
727.08, 727.14, 727.46, 729.08, 729.11, 731.141, 40
731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 41
731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 42
747.05, 747.11, 747.12, 755.16, 755.29, 755.41, 43
755.42, 755.43, 759.47, 901.09, 924.52, 927.69, 44
951.11, 1309.528, 1327.46, 1327.50, 1327.51, 45
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 46
1329.04, 1329.42, 1332.24, 1501.022, 1501.40, 47
1503.05, 1505.01, 1505.04, 1505.06, 1505.09, 48
1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 49
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 50
1509.061, 1509.062, 1509.07, 1509.071, 1509.072, 51
1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 52
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 53
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 54
1509.222, 1509.223, 1509.224, 1509.225, 1509.226, 55
1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 56
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 57
1509.34, 1509.36, 1509.38, 1509.40, 1509.50, 58
1510.01, 1510.08, 1515.08, 1515.14, 1515.24, 59
1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 60
1545.12, 1547.302, 1551.311, 1551.32, 1551.33, 61
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 62
1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 63
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 64
1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 65
1571.05, 1571.06, 1571.08, 1571.09, 1571.10, 66
1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 67
1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 68
1707.17, 1711.05, 1711.07, 1711.18, 1711.30, 69
1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 70
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 71
1751.20, 1751.31, 1751.34, 1751.60, 1761.04, 72
1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 73
1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 74
2151.011, 2151.312, 2151.354, 2151.412, 2151.421, 75
2151.424, 2152.26, 2152.72, 2301.03, 2301.18, 76
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 77
2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 78
2319.27, 2329.26, 2335.05, 2335.06, 2501.16, 79
2501.17, 2743.09, 2744.05, 2903.33, 2919.271, 80
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 81
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 82
3111.04, 3113.06, 3119.54, 3121.48, 3123.44, 83
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 84
3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 85
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 86
3302.02, 3302.031, 3302.05, 3302.07, 3304.181, 87
3304.182, 3306.12, 3307.20, 3307.31, 3307.64, 88
3309.22, 3309.41, 3309.48, 3309.51, 3310.02, 89
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 90
3311.06, 3311.19, 3311.21, 3311.213, 3311.214, 91
3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 92
3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 93
3313.41, 3313.46, 3313.482, 3313.533, 3313.55, 94
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 95
3313.64, 3313.6410, 3313.65, 3313.75, 3313.842, 96
3313.843, 3313.845, 3313.911, 3313.975, 3313.978, 97
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 98
3314.021, 3314.026, 3314.03, 3314.04, 3314.05, 99
3314.06, 3314.07, 3314.08, 3314.087, 3314.088, 100
3314.091, 3314.10, 3314.13, 3314.19, 3314.22, 101
3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 102
3316.06, 3316.20, 3317.01, 3317.013, 3317.014, 103
3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 104
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.03, 105
3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 106
3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 107
3317.09, 3317.11, 3317.12, 3317.13, 3317.14, 108
3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 109
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 110
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 111
3319.02, 3319.08, 3319.088, 3319.11, 3319.111, 112
3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 113
3319.19, 3319.26, 3319.31, 3319.311, 3319.39, 114
3319.57, 3319.71, 3323.09, 3323.091, 3323.14, 115
3323.142, 3323.31, 3324.05, 3325.01, 3325.08, 116
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 117
3327.05, 3329.08, 3331.01, 3333.03, 3333.043, 118
3333.31, 3333.66, 3333.81, 3333.82, 3333.83, 119
3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 120
3345.061, 3345.14, 3349.29, 3353.04, 3354.12, 121
3354.16, 3355.09, 3357.16, 3365.01, 3365.08, 122
3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 123
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 124
3701.74, 3701.83, 3702.31, 3702.59, 3704.06, 125
3704.14, 3705.24, 3709.085, 3709.09, 3709.092, 126
3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 127
3721.04, 3721.16, 3721.50, 3721.51, 3721.561, 128
3721.58, 3722.01, 3722.011, 3722.02, 3722.021, 129
3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 130
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 131
3722.12, 3722.13, 3722.14, 3722.15, 3722.151, 132
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 133
3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 134
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 135
3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 136
3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 137
3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 138
3733.41, 3733.99, 3734.02, 3734.05, 3734.06, 139
3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 140
3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 141
3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 142
3735.36, 3735.66, 3737.83, 3737.841, 3737.87, 143
3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 144
3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 145
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 146
3791.043, 3793.04, 3793.06, 3793.21, 3901.3814, 147
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 148
3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 149
4115.033, 4115.034, 4115.04, 4115.10, 4115.101, 150
4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 151
4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 152
4301.12, 4301.43, 4301.62, 4301.80, 4301.81, 153
4303.02, 4503.06, 4503.061, 4503.062, 4503.235, 154
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 155
4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 156
4510.037, 4510.038, 4511.191, 4511.193, 4513.62, 157
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 158
4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 159
4582.31, 4585.10, 4705.021, 4709.13, 4725.34, 160
4725.48, 4725.50, 4725.52, 4725.57, 4731.65, 161
4731.71, 4733.15, 4733.151, 4736.12, 4743.05, 162
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 163
4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 164
4909.15, 4911.02, 4927.17, 4928.10, 4928.18, 165
4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 166
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 167
5101.183, 5101.244, 5101.26, 5101.27, 5101.271, 168
5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 169
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 170
5101.60, 5101.61, 5104.01, 5104.011, 5104.04, 171
5104.13, 5104.30, 5104.32, 5104.341, 5104.35, 172
5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 173
5111.012, 5111.013, 5111.0112, 5111.021, 5111.023, 174
5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 175
5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 176
5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 177
5111.231, 5111.235, 5111.24, 5111.241, 5111.244, 178
5111.25, 5111.251, 5111.254, 5111.258, 5111.27, 179
5111.28, 5111.33, 5111.35, 5111.52, 5111.65, 180
5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 181
5111.681, 5111.687, 5111.689, 5111.709, 5111.85, 182
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 183
5111.88, 5111.89, 5111.891, 5111.894, 5111.911, 184
5111.912, 5111.913, 5111.94, 5111.941, 5111.97, 185
5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 186
5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 187
5119.02, 5119.06, 5119.16, 5119.18, 5119.22, 188
5119.221, 5119.61, 5119.611, 5119.613, 5119.62, 189
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 190
5120.29, 5122.01, 5122.02, 5122.15, 5122.21, 191
5122.27, 5122.271, 5122.29, 5122.31, 5122.32, 192
5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092, 193
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 194
5123.35, 5123.352, 5123.45, 5123.60, 5123.61, 195
5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 196
5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 197
5126.05, 5126.054, 5126.0510, 5126.0511, 198
5126.0512, 5126.08, 5126.11, 5126.12, 5126.23, 199
5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 200
5139.43, 5310.35, 5505.04, 5540.03, 5540.031, 201
5540.05, 5543.10, 5552.06, 5553.05, 5553.19, 202
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 203
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 204
5571.011, 5573.02, 5573.10, 5575.01, 5575.02, 205
5591.15, 5593.08, 5701.13, 5703.05, 5703.37, 206
5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 207
5705.21, 5705.211, 5705.218, 5705.25, 5705.251, 208
5705.261, 5705.314, 5705.392, 5705.412, 5705.71, 209
5707.031, 5709.07, 5709.62, 5709.63, 5709.632, 210
5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 211
5721.01, 5721.03, 5721.04, 5721.18, 5721.30, 212
5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 213
5722.13, 5723.05, 5725.151, 5725.24, 5725.98, 214
5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 215
5731.02, 5731.19, 5731.21, 5731.39, 5733.0610, 216
5733.23, 5739.02, 5739.021, 5739.022, 5739.026, 217
5739.101, 5747.01, 5747.058, 5747.113, 5747.451, 218
5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 219
5748.08, 5751.01, 5751.011, 5751.20, 5751.21, 220
5751.22, 5751.23, 5751.50, 5753.01, 6101.16, 221
6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 222
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 223
6115.01, 6115.20, 6117.05, 6117.06, 6117.07, 224
6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 225
6119.25, and 6119.58; to amend, for the purpose of 226
adopting new section numbers as indicated in 227
parentheses, sections 173.35 (5119.69), 173.351 228
(5119.691), 173.36 (5119.692), 3306.12 229
(3317.0212), 3314.20 (3313.473), 3721.561 230
(3721.56), 3722.01 (5119.70), 3722.011 (5119.701), 231
3722.02 (5119.71), 3722.021 (5119.711), 3722.022 232
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 233
3722.041 (5119.731), 3722.05 (5119.74), 3722.06 234
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 235
3722.09 (5119.78), 3722.10 (5119.79), 3722.11 236
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 237
3722.14 (5119.83), 3722.15 (5119.84), 3722.151 238
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 239
3722.18 (5119.88), 3733.02 (4781.26), 3733.021 240
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 241
3733.025 (4781.34), 3733.03 (4781.27), 3733.04 242
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 243
3733.08 (4781.35), 3733.09 (4781.36), 3733.091 244
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 245
3733.11 (4781.40), 3733.12 (4781.41), 3733.121 246
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 247
3733.13 (4781.45), 3733.14 (4781.46), 3733.15 248
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 249
3733.18 (4781.50), 3733.19 (4781.51), 3733.20 250
(4781.52), 5101.271 (5101.272), 5101.272 251
(5101.273), 5111.14 (5111.141), 5111.261 252
(5111.263), 5111.892 (5111.893), 5119.612 253
(5119.613), 5119.613 (5119.614), and 5123.60 254
(5123.601); to enact new sections 2151.56, 255
2151.57, 2151.58, 2151.59, 3314.016, 3319.112, 256
5101.271, 5111.14, 5111.261, 5111.861, 5111.892, 257
5119.612, 5123.60, and 5126.18, and sections 7.16, 258
9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28, 259
111.29, 118.025, 118.31, 124.394, 125.024, 260
125.182, 125.213, 126.141, 126.60, 126.601, 261
126.602, 126.603, 126.604, 126.605, 149.308, 262
153.501, 153.502, 153.53, 153.55, 153.692, 263
153.693, 153.694, 153.72, 153.73, 154.24, 154.25, 264
164.30, 173.41, 183.151, 305.23, 306.322, 306.55, 265
306.551, 349.17, 523.01, 523.02, 523.03, 523.04, 266
523.05, 523.06, 523.07, 523.08, 717.08, 1327.501, 267
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 268
1571.012, 1571.013, 1571.014, 2151.429, 2335.061, 269
3123.591, 3302.042, 3302.06, 3302.061, 3302.062, 270
3302.063, 3302.064, 3302.065, 3302.066, 3302.067, 271
3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 272
3302.23, 3302.24, 3302.25, 3302.30, 3311.0510, 273
3313.411, 3313.617, 3313.846, 3313.88, 3314.029, 274
3314.38, 3314.50, 3316.21, 3317.141, 3318.054, 275
3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 276
3319.58, 3323.25, 3324.08, 3328.01 to 3328.04, 277
3328.11 to 3328.15, 3328.17 to 3328.19, 3328.191, 278
3328.192, 3328.193, 3328.20 to 3328.26, 3328.41, 279
3328.45, 3328.50, 3328.99, 3333.43, 3345.023, 280
3345.81, 3353.15, 3521.04, 3701.0211, 3701.032, 281
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 282
3793.061, 3903.301, 4303.209, 4313.01, 4313.02, 283
4729.021, 4781.121, 4781.54, 4905.98, 4911.021, 284
5111.0122, 5111.0123, 5111.0124, 5111.0125, 285
5111.0212, 5111.0213, 5111.0214, 5111.0215, 286
5111.035, 5111.051, 5111.052, 5111.063, 5111.085, 287
5111.161, 5111.179, 5111.224, 5111.225, 5111.259, 288
5111.83, 5111.862, 5111.863, 5111.944, 5111.945, 289
5111.981, 5112.991, 5119.012, 5119.013, 5119.222, 290
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 291
5123.0419, 5123.0420, 5501.84, 5703.059, 5725.34, 292
and 5729.17; and to repeal sections 7.14, 9.901, 293
122.0818, 122.121, 122.452, 126.04, 126.501, 294
126.502, 126.507, 165.031, 340.08, 701.04, 295
1501.031, 1551.13, 2151.56, 2151.57, 2151.58, 296
2151.59, 2151.60, 2151.61, 2301.19, 3123.52, 297
3123.61, 3123.612, 3123.613, 3123.614, 3306.01, 298
3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 299
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 300
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 301
3306.13, 3306.19, 3306.191, 3306.192, 3306.21, 302
3306.22, 3306.29, 3306.291, 3306.292, 3306.51, 303
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 304
3306.57, 3306.58, 3306.59, 3311.059, 3313.202, 305
3314.014, 3314.016, 3314.017, 3314.025, 3314.082, 306
3314.085, 3314.402, 3317.011, 3317.016, 3317.017, 307
3317.0216, 3317.04, 3317.17, 3319.112, 3319.161, 308
3329.16, 3349.242, 3706.042, 3721.56, 3722.99, 309
3733.01, 3733.031, 3733.07, 3923.90, 3923.91, 310
4115.032, 4582.37, 4981.23, 5101.5211, 5101.5212, 311
5101.5213, 5101.5214, 5101.5215, 5101.5216, 312
5111.243, 5111.34, 5111.861, 5111.893, 5111.971, 313
5122.36, 5123.172, 5123.181, 5123.193, 5123.211, 314
5123.601, 5123.602, 5123.603, 5123.604, 5123.605, 315
5126.18, and 5126.19 of the Revised Code; to amend 316
Section 205.10 of Am. Sub. H.B. 114 of the 129th 317
General Assembly, Section 125.10 of Am. Sub. H.B. 318
1 of the 128th General Assembly, Section 5 of Sub. 319
H.B. 125 of the 127th General Assembly, as 320
subsequently amended, and Section 153 of Am. Sub. 321
H.B. 117 of the 121st General Assembly, as 322
subsequently amended; to repeal Section 5 of Sub. 323
H.B. 2 of the 127th General Assembly; and to amend 324
the version of section 5111.913 of the Revised 325
Code that results from Section 101.01 of this act 326
on July 1, 2012; and to terminate certain 327
provisions of this act on June 30, 2013, by 328
repealing sections 126.60, 126.601, 126.602, 329
126.603, 126.604, and 126.605 on that date; to 330
make operating appropriations for the biennium 331
beginning July 1, 2011, and ending June 30, 2013; 332
and to provide authorization and conditions for 333
the operation of programs, including reforms for 334
the efficient and effective operation of state and 335
local government.336


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

       Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06, 337
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 101.15, 102.02, 338
105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 111.12, 339
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 340
118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 121.37, 121.40, 341
121.401, 121.402, 121.403, 121.404, 122.085, 122.088, 122.0810, 342
122.0816, 122.0819, 122.121, 122.171, 122.65, 122.652, 122.653, 343
122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 124.24, 124.25, 344
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 125.15, 125.18, 345
125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 131.23, 346
131.44, 131.51, 133.06, 133.18, 133.20, 133.55, 135.05, 135.61, 347
135.65, 135.66, 145.27, 149.01, 149.091, 149.11, 149.311, 153.01, 348
153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 153.54, 349
153.56, 153.57, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70, 350
153.71, 153.80, 154.02, 154.07, 164.02, 164.04, 164.05, 164.051, 351
164.06, 164.08, 164.14, 164.21, 166.02, 173.14, 173.21, 173.26, 352
173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 173.403, 353
173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 183.30, 354
183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15, 301.28, 355
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 356
307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.86, 308.13, 357
317.20, 319.11, 319.301, 319.54, 321.18, 322.02, 322.021, 323.08, 358
323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 340.05, 340.091, 359
340.11, 341.192, 343.08, 345.03, 349.01, 349.03, 349.04, 349.06, 360
349.07, 349.09, 349.14, 501.07, 503.05, 503.162, 503.41, 504.02, 361
504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 505.264, 505.28, 362
505.373, 505.55, 505.73, 507.09, 511.23, 511.25, 511.28, 511.34, 363
513.14, 515.04, 517.12, 517.22, 521.03, 705.16, 711.35, 715.011, 364
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 721.15, 365
721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 729.08, 366
729.11, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 367
731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 747.05, 747.11, 368
747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 901.09, 369
924.52, 927.69, 951.11, 1309.528, 1327.46, 1327.50, 1327.51, 370
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 371
1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04, 1505.06, 372
1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 1509.03, 373
1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07, 374
1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 375
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19, 376
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 377
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 378
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 379
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 380
1515.24, 1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 1545.12, 381
1547.302, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 382
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 383
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01, 384
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09, 385
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 386
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07, 387
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 388
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 389
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.18, 1909.11, 390
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 2151.011, 391
2151.312, 2151.354, 2151.412, 2151.421, 2151.424, 2152.26, 392
2152.72, 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 393
2301.24, 2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 2319.27, 394
2329.26, 2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 2744.05, 395
2903.33, 2919.271, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 396
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 3111.04, 3113.06, 397
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 398
3123.59, 3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 399
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 3302.02, 400
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3306.12, 3307.20, 401
3307.31, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3310.02, 402
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.06, 3311.19, 403
3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 404
3311.73, 3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 3313.41, 405
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611, 406
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.75, 407
3313.842, 3313.843, 3313.845, 3313.911, 3313.975, 3313.978, 408
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 409
3314.026, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 410
3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.22, 411
3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 3316.20, 412
3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021, 413
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 414
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061, 415
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12, 416
3317.13, 3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 417
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36, 418
3318.37, 3318.38, 3318.41, 3319.02, 3319.08, 3319.088, 3319.11, 419
3319.111, 3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 3319.19, 420
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09, 421
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01, 3325.08, 422
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 423
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82, 424
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 425
3345.14, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16, 426
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 427
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83, 428
3702.31, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09, 429
3709.092, 3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 3721.04, 430
3721.16, 3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011, 431
3722.02, 3722.021, 3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 432
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 433
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 3729.01, 434
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04, 435
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 3733.101, 436
3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 437
3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41, 3733.99, 438
3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 439
3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 440
3734.282, 3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 3737.83, 441
3737.841, 3737.87, 3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 442
3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 3770.03, 3770.05, 443
3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 444
3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3963.01, 445
3963.11, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04, 446
4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 447
4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 4301.12, 4301.43, 448
4301.62, 4301.80, 4301.81, 4303.02, 4503.06, 4503.061, 4503.062, 449
4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 450
4504.18, 4506.071, 4507.111, 4507.164, 4510.037, 4510.038, 451
4511.191, 4511.193, 4513.62, 4517.01, 4517.04, 4517.09, 4517.10, 452
4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4582.31, 453
4585.10, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50, 4725.52, 454
4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12, 4743.05, 455
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 456
4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 4928.10, 457
4928.18, 4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 4931.52, 458
4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244, 5101.26, 459
5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 460
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60, 5101.61, 461
5104.01, 5104.011, 5104.04, 5104.13, 5104.30, 5104.32, 5104.341, 462
5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 5111.012, 463
5111.013, 5111.0112, 5111.021, 5111.023, 5111.025, 5111.031, 464
5111.06, 5111.113, 5111.13, 5111.151, 5111.16, 5111.162, 5111.17, 465
5111.172, 5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 5111.231, 466
5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 5111.251, 467
5111.254, 5111.258, 5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 468
5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681, 469
5111.687, 5111.689, 5111.709, 5111.85, 5111.871, 5111.872, 470
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891, 471
5111.894, 5111.911, 5111.912, 5111.913, 5111.94, 5111.941, 472
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 5112.40, 473
5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06, 5119.16, 474
5119.18, 5119.22, 5119.221, 5119.61, 5119.611, 5119.613, 5119.62, 475
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 5120.29, 5122.01, 476
5122.02, 5122.15, 5122.21, 5122.27, 5122.271, 5122.29, 5122.31, 477
5122.32, 5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092, 478
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 5123.35, 5123.352, 479
5123.45, 5123.60, 5123.61, 5123.63, 5123.64, 5123.69, 5123.701, 480
5123.86, 5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05, 481
5126.054, 5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 482
5126.12, 5126.23, 5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 483
5139.43, 5310.35, 5505.04, 5540.03, 5540.031, 5540.05, 5543.10, 484
5552.06, 5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 485
5555.42, 5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 486
5573.02, 5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13, 487
5703.05, 5703.37, 5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 488
5705.21, 5705.211, 5705.218, 5705.25, 5705.251, 5705.261, 489
5705.314, 5705.392, 5705.412, 5705.71, 5707.031, 5709.07, 5709.62, 490
5709.63, 5709.632, 5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 491
5721.01, 5721.03, 5721.04, 5721.18, 5721.30, 5721.31, 5721.32, 492
5721.37, 5721.38, 5721.42, 5722.13, 5723.05, 5725.151, 5725.24, 493
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 494
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.02, 5739.021, 495
5739.022, 5739.026, 5739.101, 5747.01, 5747.058, 5747.113, 496
5747.451, 5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 5748.08, 497
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 498
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 499
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 500
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 501
6119.22, 6119.25, and 6119.58 be amended; sections 173.35 502
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 3306.12 503
(3317.0212), 3314.20 (3313.473), 3721.561 (3721.56), 3722.01 504
(5119.70), 3722.011 (5119.701), 3722.02 (5119.71), 3722.021 505
(5119.711), 3722.022 (5119.712), 3722.03 (5119.72), 3722.04 506
(5119.73), 3722.041 (5119.731), 3722.05 (5119.74), 3722.06 507
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 3722.09 508
(5119.78), 3722.10 (5119.79), 3722.11 (5119.80), 3722.12 509
(5119.81), 3722.13 (5119.82), 3722.14 (5119.83), 3722.15 510
(5119.84), 3722.151 (5119.85), 3722.16 (5119.86), 3722.17 511
(5119.87), 3722.18 (5119.88), 3733.02 (4781.26), 3733.021 512
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025 513
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05 514
(4781.29), 3733.06 (4781.30), 3733.08 (4781.35), 3733.09 515
(4781.36), 3733.091 (4781.37), 3733.10 (4781.38), 3733.101 516
(4781.39), 3733.11 (4781.40), 3733.12 (4781.41), 3733.121 517
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 3733.13 518
(4781.45), 3733.14 (4781.46), 3733.15 (4781.47), 3733.16 519
(4781.48), 3733.17 (4781.49), 3733.18 (4781.50), 3733.19 520
(4781.51), 3733.20 (4781.52), 5101.271 (5101.272), 5101.272 521
(5101.273), 5111.14 (5111.141), 5111.261 (5111.263), 5111.892 522
(5111.893), 5119.612 (5119.613), 5119.613 (5119.614), and 5123.60 523
(5123.601) be amended for the purpose of adopting new section 524
numbers as indicated in parentheses; that new sections 2151.56, 525
2151.57, 2151.58, 2151.59, 3314.016, 3319.112, 5101.271, 5111.14, 526
5111.261, 5111.861, 5111.892, 5119.612, 5123.60, and 5126.18, and 527
sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28, 528
111.29, 118.025, 118.31, 124.394, 125.024, 125.182, 125.213, 529
126.141, 126.60, 126.601, 126.602, 126.603, 126.604, 126.605, 530
149.308, 153.501, 153.502, 153.53, 153.55, 153.692, 153.693, 531
153.694, 153.72, 153.73, 154.24, 154.25, 164.30, 173.41, 183.151, 532
305.23, 306.322, 306.55, 306.551, 349.17, 523.01, 523.02, 523.03, 533
523.04, 523.05, 523.06, 523.07, 523.08, 717.08, 1327.501, 534
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 1571.012, 1571.013, 535
1571.014, 2151.429, 2335.061, 3123.591, 3302.042, 3302.06, 536
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066, 537
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.23, 538
3302.24, 3302.25, 3302.30, 3311.0510, 3313.411, 3313.617, 539
3313.846, 3313.88, 3314.029, 3314.38, 3314.50, 3316.21, 3317.141, 540
3318.054, 3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 3319.58, 541
3323.25, 3324.08, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11, 542
3328.12, 3328.13, 3328.14, 3328.15, 3328.17, 3328.18, 3328.19, 543
3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22, 3328.23, 544
3328.24, 3328.25, 3328.26, 3328.41, 3328.45, 3328.50, 3328.99, 545
3333.43, 3345.023, 3345.81, 3353.15, 3521.04, 3701.0211, 3701.032, 546
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 3793.061, 547
3903.301, 4303.209, 4313.01, 4313.02, 4729.021, 4781.121, 4781.54, 548
4905.98, 4911.021, 5111.0122, 5111.0123, 5111.0124, 5111.0125, 549
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.035, 5111.051, 550
5111.052, 5111.063, 5111.085, 5111.161, 5111.179, 5111.224, 551
5111.225, 5111.259, 5111.83, 5111.862, 5111.863, 5111.944, 552
5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 5119.222, 553
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 5123.0419, 554
5123.0420, 5501.84, 5703.059, 5725.34, and 5729.17 of the Revised 555
Code be enacted to read as follows:556

       Sec. 7.10.  For the publication of advertisements, notices, 557
and proclamations, except those relating to proposed amendments to 558
the Ohio constitutionConstitution, required to be published by a 559
public officer of the state, county, municipal corporation, 560
township, school, a benevolent or other public institution, or by561
a trustee, assignee, executor, or administrator, or by or in any 562
court of record, except when the rate is otherwise fixed by law, 563
publishers of newspapers may charge and receive for such 564
advertisements, notices, and proclamations rates charged on annual 565
contracts by them for a like amount of space to other advertisers 566
who advertise in its general display advertising columns. Legal567

       For the publication of advertisements, notices, or 568
proclamations required to be published by a public officer of a 569
county, municipal corporation, township, school, or other 570
political subdivision, publishers of newspapers shall establish a 571
government rate, which shall include free publication of 572
advertisements, notices, or proclamations on the newspaper's 573
internet web site, if the newspaper has one. The government rate 574
shall not exceed the lowest classified advertising rate and lowest 575
insert rate paid by other advertisers.576

        Legal advertising, except that relating to proposed 577
amendments to the Ohio constitutionConstitution, shall be set up 578
in a compact form, without unnecessary spaces, blanks, or 579
headlines, and printed in not smaller than six-point type. The 580
type used must be of such proportions that the body of the capital 581
letter M is no wider than it is high and all other letters and 582
characters are in proportion.583

       Except as provided in section 2701.09 of the Revised Code, 584
all legal advertisements or notices shall be printed in newspapers 585
published in the English language onlyof general circulation and 586
also shall be posted on a newspaper's internet web site, if the 587
newspaper has one.588

       Sec. 7.11.  A proclamation for an election, an order fixing 589
the time of holding court, notice of the rates of taxation, bridge 590
and pike notices, notice to contractors, and such other 591
advertisements of general interest to the taxpayers as the county 592
auditor, county treasurer, probate judge, or board of county 593
commissioners deems proper shall be published in two newspapersa 594
newspaper of opposite politics of general circulation, as defined 595
in section 5721.017.12 of the Revised Code at the county seat if 596
there are such newspapers published thereat. If there are not two 597
newspapers of opposite politics and of general circulation 598
published in said county seat, such publication shall be made in 599
one newspaper published in said county seat and in any other 600
newspaper of general circulation in said county as defined in 601
section 5721.01 of the Revised Code, wherever published, without 602
regard to the politics of such other newspaper. In counties having 603
cities of eight thousand inhabitants or more, not the county seat 604
of such counties, additional publication of such notice shall be 605
made in two newspapersa newspaper of opposite politics and of606
general circulation in such city, as defined in such section, in 607
such city. For purposes of this section, a newspaper independent 608
in politics is a newspaper of opposite politics to a newspaper of 609
designated political affiliation. Sections 7.10 to 7.13, 610
inclusive, of the Revised Code, do not apply to the publication of 611
notices of delinquent and forfeited land sales.612

       The cost of any publication authorized by this section, which 613
isshall be printed in display form, shall be the commercial614
government rate chargedestablished by such newspaper under 615
section 7.10 of the Revised Code.616

       Sec. 7.12. (A) Whenever any legal publicationa state agency 617
or a political subdivision of the state is required by law to be 618
mademake any legal publication in a newspaper published in a 619
municipal corporation, county, or other political subdivision, the 620
newspaper shall also be a newspaper of general circulation in the 621
municipal corporation, county, or other political subdivision, 622
without further restriction or limitation upon a selection of the 623
newspaper to be used. If no newspaper is published in such 624
municipal corporation, county, or other political subdivision, 625
such legal publication shall be made in any newspaper of general 626
circulation therein. If there are less than two newspapers 627
published in any municipal corporation, county, or other political 628
subdivision in the manner defined by this section, then any legal 629
publication required by law to be made in a newspaper published in 630
a municipal corporation, county, or other political subdivision 631
may be made in any newspaper regularly issued at stated intervals 632
from a known office of publication located within the municipal 633
corporation, county, or other political subdivision. As used in 634
this section, a known office of publication is a public office 635
where the business of the newspaper is transacted during the usual 636
business hours, and such office shall be shown by the publication 637
itself. As used in the Revised Code,638

       In addition to all other requirements, a"newspaper" or639
"newspaper of general circulation," except those publications640
daily law journals in existence on or before July 1, 2011, and641
performing the functions described in section 2701.09 of the 642
Revised Code for a period of one yearthree years immediately 643
preceding any such legal publication required to be made, shall be644
is a publication bearing a title or name,that is regularly issued 645
as frequently asat least once a week for a definite price or 646
consideration paid for by not less than fifty per cent of those to 647
whom distribution is made, having a second class mailing 648
privilege, being not less than four pages, published continuously 649
during the immediately preceding one-year period, and circulated 650
generally in the political subdivision in which it is published. 651
Such publication must be of a type to which the general public 652
resorts for passing events of a political, religious, commercial, 653
and social nature, current happenings, announcements, 654
miscellaneous reading matter, advertisements, and other notices, 655
and that meets all of the following requirements:656

       (1) It is printed in the English language using standard 657
printing methods, being not less than eight pages in the 658
broadsheet format or sixteen pages in the tabloid format.659

       (2) It contains at least twenty-five per cent editorial 660
content, which includes, but is not limited to, local news, 661
political information, and local sports.662

       (3) It has been published continuously for at least three 663
years immediately preceding legal publication by the state agency 664
or political subdivision.665

       (4) The publication has the ability to add subscribers to its 666
distribution list.667

       (5) The publication is circulated generally by United States 668
mail or carrier delivery in the political subdivision responsible 669
for legal publication or in the state, if legal publication is 670
made by a state agency, by proof of the filing of a United States 671
postal service "Statement of Ownership, Management, and 672
Circulation" (PS form 3526) with the local postmaster, or by proof 673
of an independent audit of the publication performed, within the 674
twelve months immediately preceding legal publication.675

       (B) A person who disagrees that a publication is a "newspaper 676
of general circulation" in which legal publication may be made 677
under this section may deliver a written request for mediation to 678
the publisher of the publication and to the court of common pleas 679
of the county in which is located the political subdivision in 680
which the publication is circulated, or in the Franklin county 681
court of common pleas if legal publication is to be made by a 682
state agency. The court of common pleas shall appoint a mediator, 683
and the parties shall follow the procedures of the mediation 684
program operated by the court.685

       Sec. 7.16. (A) If a section of the Revised Code requires a 686
state agency or a political subdivision of the state to publish a 687
notice or advertisement two or more times in a newspaper of 688
general circulation and the section refers to this section, the 689
first publication of the notice or advertisement shall be made in 690
its entirety in a newspaper of general circulation and may be made 691
in a preprinted insert in the newspaper, but the second 692
publication otherwise required by that section may be made in 693
abbreviated form in a newspaper of general circulation in the 694
state or in the political subdivision, as designated in that 695
section, and on the newspaper's internet web site, if the 696
newspaper has one. The state agency or political subdivision may 697
eliminate any further newspaper publications required by that 698
section, provided that the second, abbreviated notice or 699
advertisement meets all of the following requirements:700

       (1) It is published in the newspaper of general circulation 701
in which the first publication of the notice or advertisement was 702
made and is published on that newspaper's internet web site, if 703
the newspaper has one.704

       (2) It includes a statement that the notice or advertisement 705
is posted in its entirety on the state agency's or political 706
subdivision's internet web site, or on the state public notice web 707
site established under section 125.182 of the Revised Code.708

       (3) It includes the internet addresses on the world wide web 709
of the state agency, political subdivision, or state public notice 710
web site and of the newspaper.711

        (4) It includes instructions for accessing the notice or 712
advertisement on the internet web sites specified in division 713
(A)(3) of this section.714

       (5) It is of sufficient size that it is at least one-fourth 715
of the size of the first publication in the newspaper.716

       (B) A notice or advertisement published under this section on 717
an internet web site shall be published in its entirety in 718
accordance with the section of the Revised Code that requires the 719
publication.720

        (C) If a state agency or political subdivision does not 721
operate and maintain, or ceases to operate and maintain, an 722
internet web site, and if the state public notice web site 723
established under section 125.182 of the Revised Code is not 724
operational, the state agency or political subdivision shall not 725
publish a notice or advertisement under this section, but instead 726
shall comply with the publication requirements of the section of 727
the Revised Code that refers to this section.728

       Sec. 9.03.  (A) As used in this section, "political 729
subdivision" means any body corporate and politic, except a 730
municipal corporation that has adopted a charter under Section 7 731
of Article XVIII, Ohio Constitution, and except a county that has 732
adopted a charter under Sections 3 and 4 of Article X, Ohio 733
Constitution, to which both of the following apply:734

       (1) It is responsible for governmental activities only in a 735
geographic area smaller than the state.736

       (2) It is subject to the sovereign immunity of the state.737

       (B) Except as otherwise provided in division (C) of this 738
section, the governing body of a political subdivision may use 739
public funds to publish and distribute newsletters, or to use any 740
other means, to communicate information about the plans, policies, 741
and operations of the political subdivision to members of the 742
public within the political subdivision and to other persons who 743
may be affected by the political subdivision.744

       (C) Except as otherwise provided in division (A)(7) of 745
section 340.03 or division (A)(12) of section 340.033 of the 746
Revised Code, no governing body of a political subdivision shall 747
use public funds to do any of the following:748

       (1) Publish, distribute, or otherwise communicate information 749
that does any of the following:750

       (a) Contains defamatory, libelous, or obscene matter;751

       (b) Promotes alcoholic beverages, cigarettes or other tobacco 752
products, or any illegal product, service, or activity;753

       (c) Promotes illegal discrimination on the basis of race, 754
color, religion, national origin, handicap, age, or ancestry;755

       (d) Supports or opposes any labor organization or any action 756
by, on behalf of, or against any labor organization;757

       (e) Supports or opposes the nomination or election of a 758
candidate for public office, the investigation, prosecution, or 759
recall of a public official, or the passage of a levy or bond 760
issue.761

       (2) Compensate any employee of the political subdivision for 762
time spent on any activity to influence the outcome of an election 763
for any of the purposes described in division (C)(1)(e) of this 764
section. Division (C)(2) of this section does not prohibit the use 765
of public funds to compensate an employee of a political 766
subdivision for attending a public meeting to present information 767
about the political subdivision's finances, activities, and 768
governmental actions in a manner that is not designed to influence 769
the outcome of an election or the passage of a levy or bond issue, 770
even though the election, levy, or bond issue is discussed or 771
debated at the meeting.772

       (D) Nothing in this section prohibits or restricts any 773
political subdivision from sponsoring, participating in, or doing 774
any of the following:775

       (1) Charitable or public service advertising that is not 776
commercial in nature unless the commercial advertising complies 777
with section 9.031 of the Revised Code;778

       (2) Advertising of exhibitions, performances, programs, 779
products, or services that are provided by employees of a 780
political subdivision or are provided at or through premises owned 781
or operated by a political subdivision;782

       (3) Licensing an interest in a name or mark that is owned or 783
controlled by the political subdivision.784

       (E) As used in this section, "cigarettes" and "tobacco 785
product" have the same meanings as in section 5743.01 of the 786
Revised Code.787

       Sec. 9.031. (A) As used in this section:788

        (1) "Advertising" means internet advertising, including 789
banners and icons that may contain links to commercial internet 790
web sites. "Advertising" does not include spyware, malware, or any 791
viruses or programs considered to be malicious.792

       (2) "Political subdivision" has the meaning defined in 793
section 9.03 of the Revised Code.794

       (3) "State agency" has the meaning defined in section 1.60 of 795
the Revised Code and includes state institutions of higher 796
education as defined in section 3345.011 of the Revised Code. 797

       (4) "State agency web site" means a web site, internet page, 798
or web page of a state agency office, with respective internet 799
addresses or subdomains, that are intended to provide the public 800
with information about services offered by the state agency 801
office, including relevant forms of searchable data.802

        (5) "Political subdivision web site" means a web site, 803
internet page, or web page of a political subdivision office, with 804
respective internet addresses or subdomains, that are intended to 805
provide the public with information about services offered by the 806
political subdivision office, including relevant forms of 807
searchable data.808

        (B) A state agency or political subdivision may authorize 809
commercial advertising on a state agency web site or political 810
subdivision web site. A state agency shall adopt rules under 811
section 111.15 of the Revised Code and a political subdivision 812
shall adopt a resolution to authorize placing commercial 813
advertising on the state agency or political subdivision web site. 814
The rules or resolution shall include all of the following:815

        (1) A specification of the state agency or political 816
subdivision office, and of the officials or employees therein, who 817
are authorized to place commercial advertisements on the state 818
agency or political subdivision web site;819

        (2) Criteria for choosing the advertisers and types of 820
advertisements that may be placed on the state agency or political 821
subdivision web site;822

       (3) Requirements and procedures for making requests for 823
proposals for placing commercial advertising on the state agency 824
or political subdivision web site;825

        (4) Any other requirements or limitations necessary to 826
authorize commercial advertising on the state agency or political 827
subdivision web site.828

        (C) A state agency or political subdivision web site on which 829
commercial advertising is placed shall be used exclusively to 830
provide information from the state agency or political subdivision 831
office to the public, and shall not be used as a public forum.832

       Sec. 9.05.  Notwithstanding any provision of section 109.02 833
of the Revised Code to the contrary, the members of the 834
apportionment board, by majority vote, may choose to be 835
represented by either the attorney general or by private legal 836
counsel in regard to any lawsuit challenging the constitutionality 837
or legality of general assembly districts established under 838
Article XI of the Ohio Constitution.839

       As used in this section, "apportionment board" means the 840
persons designated in Section 1 of Article XI, Ohio Constitution, 841
as being responsible for the apportionment of this state for 842
members of the general assembly.843

       Sec. 9.06.  (A)(1) The department of rehabilitation and 844
correction may contract for the private operation and management 845
pursuant to this section of the initial intensive program prison 846
established pursuant to section 5120.033 of the Revised Code, if 847
one or more intensive program prisons are established under that 848
section, and may contract for the private operation and management 849
of any other facility under this section. Counties and municipal 850
corporations to the extent authorized in sections 307.93, 341.35, 851
753.03, and 753.15 of the Revised Code may contract for the 852
private operation and management of a facility under this section. 853
A contract entered into under this section shall be for an initial 854
term of not more than two yearsspecified in the contract with an 855
option to renew for additional periods of two years.856

       (2) The department of rehabilitation and correction, by rule, 857
shall adopt minimum criteria and specifications that a person or 858
entity, other than a person or entity that satisfies the criteria 859
set forth in division (A)(3)(a) of this section and subject to 860
division (I) of this section, must satisfy in order to apply to 861
operate and manage as a contractor pursuant to this section the 862
initial intensive program prison established pursuant to section 863
5120.033 of the Revised Code, if one or more intensive program 864
prisons are established under that section.865

       (3) Subject to division (I) of this section, any person or 866
entity that applies to operate and manage a facility as a 867
contractor pursuant to this section shall satisfy one or more of 868
the following criteria:869

       (a) The person or entity is accredited by the American 870
correctional association and, at the time of the application, 871
operates and manages one or more facilities accredited by the 872
American correctional association.873

       (b) The person or entity satisfies all of the minimum 874
criteria and specifications adopted by the department of 875
rehabilitation and correction pursuant to division (A)(2) of this 876
section, provided that this alternative shall be available only in 877
relation to the initial intensive program prison established 878
pursuant to section 5120.033 of the Revised Code, if one or more 879
intensive program prisons are established under that section.880

       (4) Subject to division (I) of this section, before a public 881
entity may enter into a contract under this section, the 882
contractor shall convincingly demonstrate to the public entity 883
that it can operate the facility with the inmate capacity required 884
by the public entity and provide the services required in this 885
section and realize at least a five per cent savings over the 886
projected cost to the public entity of providing these same 887
services to operate the facility that is the subject of the 888
contract. No out-of-state prisoners may be housed in any facility 889
that is the subject of a contract entered into under this section.890

       (B) Subject to division (I) of this section, any contract 891
entered into under this section shall include all of the 892
following:893

       (1) A requirement that the contractor retain the contractor's 894
accreditation from the American correctional association 895
throughout the contract term or, if the contractor applied 896
pursuant to division (A)(3)(b) of this section, the contractor897
continue complying with the applicable criteria and specifications 898
adopted by the department of rehabilitation and correction 899
pursuant to division (A)(2) of this section;900

       (2) A requirement that all of the following conditions be 901
met:902

       (a) The contractor begins the process of accrediting the 903
facility with the American correctional association no later than 904
sixty days after the facility receives its first inmate.905

       (b) The contractor receives accreditation of the facility 906
within twelve months after the date the contractor applies to the 907
American correctional association for accreditation.908

       (c) Once the accreditation is received, the contractor 909
maintains it for the duration of the contract term.910

       (d) If the contractor does not comply with divisions 911
(B)(2)(a) to (c) of this section, the contractor is in violation 912
of the contract, and the public entity may revoke the contract at 913
its discretion.914

       (3) A requirement that the contractor comply with all rules 915
promulgated by the department of rehabilitation and correction 916
that apply to the operation and management of correctional 917
facilities, including the minimum standards for jails in Ohio and 918
policies regarding the use of force and the use of deadly force, 919
although the public entity may require more stringent standards, 920
and comply with any applicable laws, rules, or regulations of the 921
federal, state, and local governments, including, but not limited 922
to, sanitation, food service, safety, and health regulations. The 923
contractor shall be required to send copies of reports of 924
inspections completed by the appropriate authorities regarding 925
compliance with rules and regulations to the director of 926
rehabilitation and correction or the director's designee and, if 927
contracting with a local public entity, to the governing authority 928
of that entity.929

       (4) A requirement that the contractor report for 930
investigation all crimes in connection with the facility to the 931
public entity, to all local law enforcement agencies with 932
jurisdiction over the place at which the facility is located, and, 933
for a crime committed at a state correctional institution, to the 934
state highway patrol;935

       (5) A requirement that the contractor immediately report all 936
escapes from the facility, and the apprehension of all escapees, 937
by telephone and in writing to all local law enforcement agencies 938
with jurisdiction over the place at which the facility is located, 939
to the prosecuting attorney of the county in which the facility is 940
located, to the state highway patrol, to a daily newspaper having 941
general circulation in the county in which the facility is 942
located, and, if the facility is a state correctional institution, 943
to the department of rehabilitation and correction. The written 944
notice may be by either facsimile transmission or mail. A failure 945
to comply with this requirement regarding an escape is a violation 946
of section 2921.22 of the Revised Code.947

       (6) A requirement that, if the facility is a state 948
correctional institution, the contractor provide a written report 949
within specified time limits to the director of rehabilitation and 950
correction or the director's designee of all unusual incidents at 951
the facility as defined in rules promulgated by the department of 952
rehabilitation and correction or, if the facility is a local 953
correctional institution, that the contractor provide a written 954
report of all unusual incidents at the facility to the governing 955
authority of the local public entity;956

       (7) A requirement that the contractor maintain proper control 957
of inmates' personal funds pursuant to rules promulgated by the 958
department of rehabilitation and correction for state correctional 959
institutions or pursuant to the minimum standards for jails along 960
with any additional standards established by the local public 961
entity for local correctional institutions and that records 962
pertaining to these funds be made available to representatives of 963
the public entity for review or audit;964

       (8) A requirement that the contractor prepare and distribute 965
to the director of rehabilitation and correction or, if 966
contracting with a local public entity, to the governing authority 967
of the local entity annual budget income and expenditure 968
statements and funding source financial reports;969

       (9) A requirement that the public entity appoint and 970
supervise a full-time contract monitor, that the contractor 971
provide suitable office space for the contract monitor at the 972
facility, and that the contractor allow the contract monitor 973
unrestricted access to all parts of the facility and all records 974
of the facility except the contractor's financial records;975

       (10) A requirement that if the facility is a state 976
correctional institution designated department of rehabilitation 977
and correction staff members be allowed access to the facility in 978
accordance with rules promulgated by the department;979

       (11) A requirement that the contractor provide internal and 980
perimeter security as agreed upon in the contract;981

       (12) If the facility is a state correctional institution, a 982
requirement that the contractor impose discipline on inmates 983
housed in a state correctional institutionthe facility only in 984
accordance with rules promulgated by the department of 985
rehabilitation and correction;986

       (13) A requirement that the facility be staffed at all times 987
with a staffing pattern approved by the public entity and adequate 988
both to ensure supervision of inmates and maintenance of security 989
within the facility and to provide for programs, transportation, 990
security, and other operational needs. In determining security 991
needs, the contractor shall be required to consider, among other 992
things, the proximity of the facility to neighborhoods and 993
schools.994

       (14) If the contract is with a local public entity, a 995
requirement that the contractor provide services and programs, 996
consistent with the minimum standards for jails promulgated by the 997
department of rehabilitation and correction under section 5120.10 998
of the Revised Code;999

       (15) A clear statement that no immunity from liability 1000
granted to the state, and no immunity from liability granted to 1001
political subdivisions under Chapter 2744. of the Revised Code, 1002
shall extend to the contractor or any of the contractor's 1003
employees;1004

       (16) A statement that all documents and records relevant to 1005
the facility shall be maintained in the same manner required for, 1006
and subject to the same laws, rules, and regulations as apply to, 1007
the records of the public entity;1008

       (17) Authorization for the public entity to impose a fine on 1009
the contractor from a schedule of fines included in the contract 1010
for the contractor's failure to perform its contractual duties or 1011
to cancel the contract, as the public entity considers 1012
appropriate. If a fine is imposed, the public entity may reduce 1013
the payment owed to the contractor pursuant to any invoice in the 1014
amount of the imposed fine.1015

       (18) A statement that all services provided or goods produced 1016
at the facility shall be subject to the same regulations, and the 1017
same distribution limitations, as apply to goods and services 1018
produced at other correctional institutions;1019

       (19) AuthorizationIf the facility is a state correctional 1020
institution, authorization for the department to establish one or 1021
more prison industries at athe facility operated and managed by a 1022
contractor for the department;1023

       (20) A requirement that, if the facility is an intensive 1024
program prison established pursuant to section 5120.033 of the 1025
Revised Code, the facility shall comply with all criteria for 1026
intensive program prisons of that type that are set forth in that 1027
section;1028

       (21) If the institutionfacility is a state correctional 1029
institution, a requirement that the contractor provide clothing 1030
for all inmates housed in the facility that is conspicuous in its 1031
color, style, or color and style, that conspicuously identifies 1032
its wearer as an inmate, and that is readily distinguishable from 1033
clothing of a nature that normally is worn outside the facility by 1034
non-inmates, that the contractor require all inmates housed in the 1035
facility to wear the clothing so provided, and that the contractor 1036
not permit any inmate, while inside or on the premises of the 1037
facility or while being transported to or from the facility, to 1038
wear any clothing of a nature that does not conspicuously identify 1039
its wearer as an inmate and that normally is worn outside the 1040
facility by non-inmates.1041

       (C) No contract entered into under this section may require, 1042
authorize, or imply a delegation of the authority or 1043
responsibility of the public entity to a contractor for any of the 1044
following:1045

       (1) Developing or implementing procedures for calculating 1046
inmate release and parole eligibility dates and recommending the 1047
granting or denying of parole, although the contractor may submit 1048
written reports that have been prepared in the ordinary course of 1049
business;1050

       (2) Developing or implementing procedures for calculating and 1051
awarding earned credits, approving the type of work inmates may 1052
perform and the wage or earned credits, if any, that may be 1053
awarded to inmates engaging in that work, and granting, denying, 1054
or revoking earned credits;1055

       (3) For inmates serving a term imposed for a felony offense 1056
committed prior to July 1, 1996, or for a misdemeanor offense, 1057
developing or implementing procedures for calculating and awarding 1058
good time, approving the good time, if any, that may be awarded to 1059
inmates engaging in work, and granting, denying, or revoking good 1060
time;1061

       (4) Classifying an inmate or placing an inmate in a more or a 1062
less restrictive custody than the custody ordered by the public 1063
entity;1064

       (5) Approving inmates for work release;1065

       (6) Contracting for local or long distance telephone services 1066
for inmates or receiving commissions from those services at a 1067
facility that is owned by or operated under a contract with the 1068
department.1069

       (D) A contractor that has been approved to operate a facility 1070
under this section, and a person or entity that enters into a 1071
contract for specialized services, as described in division (I) of 1072
this section, relative to an intensive program prison established 1073
pursuant to section 5120.033 of the Revised Code to be operated by 1074
a contractor that has been approved to operate the prison under 1075
this section, shall provide an adequate policy of insurance 1076
specifically including, but not limited to, insurance for civil 1077
rights claims as determined by a risk management or actuarial firm 1078
with demonstrated experience in public liability for state 1079
governments. The insurance policy shall provide that the state, 1080
including all state agencies, and all political subdivisions of 1081
the state with jurisdiction over the facility or in which a 1082
facility is located are named as insured, and that the state and 1083
its political subdivisions shall be sent any notice of 1084
cancellation. The contractor may not self-insure.1085

       A contractor that has been approved to operate a facility 1086
under this section, and a person or entity that enters into a 1087
contract for specialized services, as described in division (I) of 1088
this section, relative to an intensive program prison established 1089
pursuant to section 5120.033 of the Revised Code to be operated by 1090
a contractor that has been approved to operate the prison under 1091
this section, shall indemnify and hold harmless the state, its 1092
officers, agents, and employees, and any local government entity 1093
in the state having jurisdiction over the facility or ownership of 1094
the facility, shall reimburse the state for its costs in defending 1095
the state or any of its officers, agents, or employees, and shall 1096
reimburse any local government entity of that nature for its costs 1097
in defending the local government entity, from all of the 1098
following:1099

       (1) Any claims or losses for services rendered by the 1100
contractor, person, or entity performing or supplying services in 1101
connection with the performance of the contract;1102

       (2) Any failure of the contractor, person, or entity or its 1103
officers or employees to adhere to the laws, rules, regulations, 1104
or terms agreed to in the contract;1105

       (3) Any constitutional, federal, state, or civil rights claim 1106
brought against the state related to the facility operated and 1107
managed by the contractor;1108

       (4) Any claims, losses, demands, or causes of action arising 1109
out of the contractor's, person's, or entity's activities in this 1110
state;1111

       (5) Any attorney's fees or court costs arising from any 1112
habeas corpus actions or other inmate suits that may arise from 1113
any event that occurred at the facility or was a result of such an 1114
event, or arise over the conditions, management, or operation of 1115
the facility, which fees and costs shall include, but not be 1116
limited to, attorney's fees for the state's representation and for 1117
any court-appointed representation of any inmate, and the costs of 1118
any special judge who may be appointed to hear those actions or 1119
suits.1120

       (E) Private correctional officers of a contractor operating 1121
and managing a facility pursuant to a contract entered into under 1122
this section may carry and use firearms in the course of their 1123
employment only after being certified as satisfactorily completing 1124
an approved training program as described in division (A) of 1125
section 109.78 of the Revised Code.1126

       (F) Upon notification by the contractor of an escape from, or 1127
of a disturbance at, the facility that is the subject of a 1128
contract entered into under this section, the department of 1129
rehabilitation and correction and state and local law enforcement 1130
agencies shall use all reasonable means to recapture escapees or 1131
quell any disturbance. Any cost incurred by the state or its 1132
political subdivisions relating to the apprehension of an escapee 1133
or the quelling of a disturbance at the facility shall be 1134
chargeable to and borne by the contractor. The contractor shall 1135
also reimburse the state or its political subdivisions for all 1136
reasonable costs incurred relating to the temporary detention of 1137
the escapee following recapture.1138

       (G) Any offense that would be a crime if committed at a state 1139
correctional institution or jail, workhouse, prison, or other 1140
correctional facility shall be a crime if committed by or with 1141
regard to inmates at facilities operated pursuant to a contract 1142
entered into under this section.1143

       (H) A contractor operating and managing a facility pursuant 1144
to a contract entered into under this section shall pay any inmate 1145
workers at the facility at the rate approved by the public entity. 1146
Inmates working at the facility shall not be considered employees 1147
of the contractor.1148

       (I) In contracting for the private operation and management 1149
pursuant to division (A) of this section of any intensive program 1150
prison established pursuant to section 5120.033 of the Revised 1151
Code, the department of rehabilitation and correction may enter 1152
into a contract with a contractor for the general operation and 1153
management of the prison and may enter into one or more separate 1154
contracts with other persons or entities for the provision of 1155
specialized services for persons confined in the prison, 1156
including, but not limited to, security or training services or 1157
medical, counseling, educational, or similar treatment programs. 1158
If, pursuant to this division, the department enters into a 1159
contract with a contractor for the general operation and 1160
management of the prison and also enters into one or more 1161
specialized service contracts with other persons or entities, all 1162
of the following apply:1163

       (1) The contract for the general operation and management 1164
shall comply with all requirements and criteria set forth in this 1165
section, and all provisions of this section apply in relation to 1166
the prison operated and managed pursuant to the contract.1167

       (2) Divisions (A)(2), (B), and (C) of this section do not 1168
apply in relation to any specialized services contract, except to 1169
the extent that the provisions of those divisions clearly are 1170
relevant to the specialized services to be provided under the 1171
specialized services contract. Division (D) of this section 1172
applies in relation to each specialized services contract.1173

       (J) If, on or after the effective date of this amendment, a 1174
contractor enters into a contract with the department of 1175
rehabilitation and correction under this section for the operation 1176
and management of any facility described in Section 753.10 of the 1177
act in which this amendment was adopted or with the department of 1178
youth services and department of administrative services under 1179
Section 753.30 of the act in which this amendment was adopted for 1180
the operation and management as an adult correctional facility of 1181
any facility described in that section, if the contract provides 1182
for the sale of the facility to the contractor, if the facility is 1183
sold to the contractor subsequent to the execution of the 1184
contract, and if the contractor is privately operating and 1185
managing the facility, notwithstanding the contractor's private 1186
operation and management of the facility, all of the following 1187
apply:1188

       (1) Except as expressly provided to the contrary in this 1189
section, the facility being privately operated and managed by the 1190
contractor shall be considered for purposes of the Revised Code as 1191
being under the control of, or under the jurisdiction of, the 1192
department of rehabilitation and correction.1193

       (2) Any reference in this section to "state correctional 1194
institution," any reference in Chapter 2967. of the Revised Code 1195
to "state correctional institution," other than the definition of 1196
that term set forth in section 2967.01 of the Revised Code, or to 1197
"prison," and any reference in Chapter 2929., 5120., 5145., 5147., 1198
or 5149. or any other provision of the Revised Code to "state 1199
correctional institution" or "prison" shall be considered to 1200
include a reference to the facility being privately operated and 1201
managed by the contractor, unless the context makes the inclusion 1202
of that facility clearly inapplicable.1203

       (3) Upon the sale and conveyance of the facility, the 1204
facility shall be returned to the tax list and duplicate 1205
maintained by the county auditor, and the facility shall be 1206
subject to all real property taxes and assessments. No exemption 1207
from real property taxation pursuant to Chapter 5709. of the 1208
Revised Code shall apply to the facility conveyed. The gross 1209
receipts and income of the contractor to whom the facility is 1210
conveyed that are derived from operating and managing the facility 1211
under this section shall be exempt from gross receipts and income 1212
taxes levied by the state and its subdivisions, including the 1213
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of 1214
the Revised Code.1215

       (K) As used in this section:1216

       (1) "Public entity" means the department of rehabilitation 1217
and correction, or a county or municipal corporation or a 1218
combination of counties and municipal corporations, that has 1219
jurisdiction over a facility that is the subject of a contract 1220
entered into under this section.1221

       (2) "Local public entity" means a county or municipal 1222
corporation, or a combination of counties and municipal 1223
corporations, that has jurisdiction over a jail, workhouse, or 1224
other correctional facility used only for misdemeanants that is 1225
the subject of a contract entered into under this section.1226

       (3) "Governing authority of a local public entity" means, for 1227
a county, the board of county commissioners; for a municipal 1228
corporation, the legislative authority; for a combination of 1229
counties and municipal corporations, all the boards of county 1230
commissioners and municipal legislative authorities that joined to 1231
create the facility.1232

       (4) "Contractor" means a person or entity that enters into a 1233
contract under this section to operate and manage a jail, 1234
workhouse, or other correctional facility.1235

       (5) "Facility" means theany of the following:1236

       (a) The specific county, multicounty, municipal, 1237
municipal-county, or multicounty-municipal jail, workhouse, 1238
prison, or other type of correctional institution or facility used 1239
only for misdemeanants, or athat is the subject of a contract 1240
entered into under this section;1241

       (b) Any state correctional institution, that is the subject 1242
of a contract entered into under this section, including any 1243
facility described in Section 753.10 of the act in which this 1244
amendment was adopted or under Section 753.30 of the act in which 1245
this section was adopted and used as an adult correctional 1246
facility at any time prior to or after any sale to a contractor of 1247
the state's right, title, and interest in the facility, the land 1248
situated thereon, and specified surrounding land.1249

       (6) "Person or entity" in the case of a contract for the 1250
private operation and management of a state correctional 1251
institution, includes an employee organization, as defined in 1252
section 4117.01 of the Revised Code, that represents employees at 1253
state correctional institutions.1254

       Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of 1255
this section, a governmental entity shall not disburse money 1256
totaling twenty-five thousand dollars or more to any person for 1257
the provision of services for the primary benefit of individuals 1258
or the public and not for the primary benefit of a governmental 1259
entity or the employees of a governmental entity, unless the 1260
contracting authority of the governmental entity first enters into 1261
a written contract with the person that is signed by the person or 1262
by an officer or agent of the person authorized to legally bind 1263
the person and that embodies all of the requirements and 1264
conditions set forth in sections 9.23 to 9.236 of the Revised 1265
Code. If the disbursement of money occurs over the course of a 1266
governmental entity's fiscal year, rather than in a lump sum, the 1267
contracting authority of the governmental entity shall enter into 1268
the written contract with the person at the point during the 1269
governmental entity's fiscal year that at least seventy-five 1270
thousand dollars has been disbursed by the governmental entity to 1271
the person. Thereafter, the contracting authority of the 1272
governmental entity shall enter into the written contract with the 1273
person at the beginning of the governmental entity's fiscal year, 1274
if, during the immediately preceding fiscal year, the governmental 1275
entity disbursed to that person an aggregate amount totaling at 1276
least seventy-five thousand dollars.1277

       (2) If the money referred to in division (A)(1) of this 1278
section is disbursed by or through more than one state agency to 1279
the person for the provision of services to the same population, 1280
the contracting authorities of those agencies shall determine 1281
which one of them will enter into the written contract with the 1282
person.1283

       (3) The requirements and conditions set forth in divisions 1284
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) 1285
and (B) of section 9.234, divisions (A)(2) and (B) of section 1286
9.235, and sections 9.233 and 9.236 of the Revised Code do not 1287
apply with respect to the following:1288

       (a) Contracts to which all of the following apply: 1289

       (i) The amount received for the services is a set fee for 1290
each time the services are provided, is determined in accordance 1291
with a fixed rate per unit of time or per service, or is a 1292
capitated rate, and the fee or rate is established by competitive 1293
bidding or by a market rate survey of similar services provided in 1294
a defined market area. The market rate survey may be one conducted 1295
by or on behalf of the governmental entity or an independent 1296
survey accepted by the governmental entity as statistically valid 1297
and reliable.1298

       (ii) The services are provided in accordance with standards 1299
established by state or federal law, or by rules or regulations 1300
adopted thereunder, for their delivery, which standards are 1301
enforced by the federal government, a governmental entity, or an 1302
accrediting organization recognized by the federal government or a 1303
governmental entity.1304

       (iii) Payment for the services is made after the services are 1305
delivered and upon submission to the governmental entity of an 1306
invoice or other claim for payment as required by any applicable 1307
local, state, or federal law or, if no such law applies, by the 1308
terms of the contract. 1309

       (b) Contracts under which the services are reimbursed through 1310
or in a manner consistent with a federal program that meets all of 1311
the following requirements:1312

       (i) The program calculates the reimbursement rate on the 1313
basis of the previous year's experience or in accordance with an 1314
alternative method set forth in rules adopted by the Ohio 1315
department of job and family services.1316

       (ii) The reimbursement rate is derived from a breakdown of 1317
direct and indirect costs.1318

       (iii) The program's guidelines describe types of expenditures 1319
that are allowable and not allowable under the program and 1320
delineate which costs are acceptable as direct costs for purposes 1321
of calculating the reimbursement rate.1322

       (iv) The program includes a uniform cost reporting system 1323
with specific audit requirements.1324

       (c) Contracts under which the services are reimbursed through 1325
or in a manner consistent with a federal program that calculates 1326
the reimbursement rate on a fee for service basis in compliance 1327
with United States office of management and budget Circular A-87, 1328
as revised May 10, 2004. 1329

       (d) Contracts for services that are paid pursuant to the 1330
earmarking of an appropriation made by the general assembly for 1331
that purpose.1332

       (B) Division (A) of this section does not apply if the money 1333
is disbursed to a person pursuant to a contract with the United 1334
States or a governmental entity under any of the following 1335
circumstances:1336

       (1) The person receives the money directly or indirectly from 1337
the United States, and no governmental entity exercises any 1338
oversight or control over the use of the money.1339

       (2) The person receives the money solely in return for the 1340
performance of one or more of the following types of services:1341

       (a) Medical, therapeutic, or other health-related services 1342
provided by a person if the amount received is a set fee for each 1343
time the person provides the services, is determined in accordance 1344
with a fixed rate per unit of time, or is a capitated rate, and 1345
the fee or rate is reasonable and customary in the person's trade 1346
or profession;1347

       (b) Medicaid-funded services, including administrative and 1348
management services, provided pursuant to a contract or medicaid 1349
provider agreement that meets the requirements of the medicaid 1350
program established under Chapter 5111. of the Revised Code. 1351

       (c) Services, other than administrative or management 1352
services or any of the services described in division (B)(2)(a) or 1353
(b) of this section, that are commonly purchased by the public at 1354
an hourly rate or at a set fee for each time the services are 1355
provided, unless the services are performed for the benefit of 1356
children, persons who are eligible for the services by reason of 1357
advanced age, medical condition, or financial need, or persons who 1358
are confined in a detention facility as defined in section 2921.01 1359
of the Revised Code, and the services are intended to help promote 1360
the health, safety, or welfare of those children or persons;1361

       (d) Educational services provided by a school to children 1362
eligible to attend that school. For purposes of division (B)(2)(d) 1363
of this section, "school" means any school operated by a school 1364
district board of education, any community school established 1365
under Chapter 3314. of the Revised Code, or any nonpublic school 1366
for which the state board of education prescribes minimum 1367
education standards under section 3301.07 of the Revised Code.1368

       (e) Services provided by a foster home as defined in section 1369
5103.02 of the Revised Code;1370

       (f) "Routine business services other than administrative or 1371
management services," as that term is defined by the attorney 1372
general by rule adopted in accordance with Chapter 119. of the 1373
Revised Code;1374

       (g) Services to protect the environment or promote 1375
environmental education that are provided by a nonprofit entity or 1376
services to protect the environment that are funded with federal 1377
grants or revolving loan funds and administered in accordance with 1378
federal law;1379

       (h) Services, including administrative and management 1380
services, provided under the children's buy-in program established 1381
under sections 5101.5211 to 5101.5216 of the Revised Code.1382

       (3) The person receives the money solely in return for the 1383
performance of services intended to help preserve public health or 1384
safety under circumstances requiring immediate action as a result 1385
of a natural or man-made emergency.1386

       (C) With respect to a nonprofit association, corporation, or 1387
organization established for the purpose of providing educational, 1388
technical, consulting, training, financial, or other services to 1389
its members in exchange for membership dues and other fees, any of 1390
the services provided to a member that is a governmental entity 1391
shall, for purposes of this section, be considered services "for 1392
the primary benefit of a governmental entity or the employees of a 1393
governmental entity.1394

       Sec. 9.24. (A) Except as may be allowed under division (F) of 1395
this section, no state agency and no political subdivision shall 1396
award a contract as described in division (G)(1) of this section 1397
for goods, services, or construction, paid for in whole or in part 1398
with state funds, to a person against whom a finding for recovery 1399
has been issued by the auditor of state on and after January 1, 1400
2001, if the finding for recovery is unresolved.1401

       A contract is considered to be awarded when it is entered 1402
into or executed, irrespective of whether the parties to the 1403
contract have exchanged any money.1404

        (B) For purposes of this section, a finding for recovery is 1405
unresolved unless one of the following criteria applies:1406

        (1) The money identified in the finding for recovery is paid 1407
in full to the state agency or political subdivision to whom the 1408
money was owed;1409

        (2) The debtor has entered into a repayment plan that is 1410
approved by the attorney general and the state agency or political 1411
subdivision to whom the money identified in the finding for 1412
recovery is owed. A repayment plan may include a provision 1413
permitting a state agency or political subdivision to withhold 1414
payment to a debtor for goods, services, or construction provided 1415
to or for the state agency or political subdivision pursuant to a 1416
contract that is entered into with the debtor after the date the 1417
finding for recovery was issued.1418

        (3) The attorney general waives a repayment plan described in 1419
division (B)(2) of this section for good cause;1420

        (4) The debtor and state agency or political subdivision to 1421
whom the money identified in the finding for recovery is owed have 1422
agreed to a payment plan established through an enforceable 1423
settlement agreement.1424

        (5) The state agency or political subdivision desiring to 1425
enter into a contract with a debtor certifies, and the attorney 1426
general concurs, that all of the following are true:1427

        (a) Essential services the state agency or political 1428
subdivision is seeking to obtain from the debtor cannot be 1429
provided by any other person besides the debtor;1430

        (b) Awarding a contract to the debtor for the essential 1431
services described in division (B)(5)(a) of this section is in the 1432
best interest of the state;1433

        (c) Good faith efforts have been made to collect the money 1434
identified in the finding of recovery.1435

       (6) The debtor has commenced an action to contest the finding 1436
for recovery and a final determination on the action has not yet 1437
been reached.1438

        (C) The attorney general shall submit an initial report to 1439
the auditor of state, not later than December 1, 2003, indicating 1440
the status of collection for all findings for recovery issued by 1441
the auditor of state for calendar years 2001, 2002, and 2003. 1442
Beginning on January 1, 2004, the attorney general shall submit to 1443
the auditor of state, on the first day of every January, April, 1444
July, and October, a list of all findings for recovery that have 1445
been resolved in accordance with division (B) of this section 1446
during the calendar quarter preceding the submission of the list 1447
and a description of the means of resolution. The attorney general 1448
shall notify the auditor of state when a judgment is issued 1449
against an entity described in division (F)(1) of this section.1450

       (D) The auditor of state shall maintain a database, 1451
accessible to the public, listing persons against whom an 1452
unresolved finding for recovery has been issued, and the amount of 1453
the money identified in the unresolved finding for recovery. The 1454
auditor of state shall have this database operational on or before 1455
January 1, 2004. The initial database shall contain the 1456
information required under this division for calendar years 2001, 1457
2002, and 2003.1458

       Beginning January 15, 2004, the auditor of state shall update 1459
the database by the fifteenth day of every January, April, July, 1460
and October to reflect resolved findings for recovery that are 1461
reported to the auditor of state by the attorney general on the 1462
first day of the same month pursuant to division (C) of this 1463
section.1464

        (E) Before awarding a contract as described in division 1465
(G)(1) of this section for goods, services, or construction, paid 1466
for in whole or in part with state funds, a state agency or 1467
political subdivision shall verify that the person to whom the 1468
state agency or political subdivision plans to award the contract 1469
has no unresolved finding for recovery issued against the person. 1470
A state agency or political subdivision shall verify that the 1471
person does not appear in the database described in division (D) 1472
of this section or shall obtain other proof that the person has no 1473
unresolved finding for recovery issued against the person.1474

        (F) The prohibition of division (A) of this section and the 1475
requirement of division (E) of this section do not apply with 1476
respect to the companies, payments, or agreements described in 1477
divisions (F)(1) and (2) of this section, or in the circumstance 1478
described in division (F)(3) of this section.1479

       (1) A bonding company or a company authorized to transact the 1480
business of insurance in this state, a self-insurance pool, joint 1481
self-insurance pool, risk management program, or joint risk 1482
management program, unless a court has entered a final judgment 1483
against the company and the company has not yet satisfied the 1484
final judgment.1485

       (2) To medicaid provider agreements under Chapter 5111. of 1486
the Revised Code or payments or provider agreements under the 1487
children's buy-in program established under sections 5101.5211 to 1488
5101.5216 of the Revised Code.1489

       (3) When federal law dictates that a specified entity provide 1490
the goods, services, or construction for which a contract is being 1491
awarded, regardless of whether that entity would otherwise be 1492
prohibited from entering into the contract pursuant to this 1493
section.1494

       (G)(1) This section applies only to contracts for goods, 1495
services, or construction that satisfy the criteria in either 1496
division (G)(1)(a) or (b) of this section. This section may apply 1497
to contracts for goods, services, or construction that satisfy the 1498
criteria in division (G)(1)(c) of this section, provided that the 1499
contracts also satisfy the criteria in either division (G)(1)(a) 1500
or (b) of this section.1501

       (a) The cost for the goods, services, or construction 1502
provided under the contract is estimated to exceed twenty-five 1503
thousand dollars.1504

       (b) The aggregate cost for the goods, services, or 1505
construction provided under multiple contracts entered into by the 1506
particular state agency and a single person or the particular 1507
political subdivision and a single person within the fiscal year 1508
preceding the fiscal year within which a contract is being entered 1509
into by that same state agency and the same single person or the 1510
same political subdivision and the same single person, exceeded 1511
fifty thousand dollars.1512

       (c) The contract is a renewal of a contract previously 1513
entered into and renewed pursuant to that preceding contract.1514

       (2) This section does not apply to employment contracts.1515

       (H) As used in this section:1516

       (1) "State agency" has the same meaning as in section 9.66 of 1517
the Revised Code.1518

       (2) "Political subdivision" means a political subdivision as 1519
defined in section 9.82 of the Revised Code that has received more 1520
than fifty thousand dollars of state money in the current fiscal 1521
year or the preceding fiscal year.1522

       (3) "Finding for recovery" means a determination issued by 1523
the auditor of state, contained in a report the auditor of state 1524
gives to the attorney general pursuant to section 117.28 of the 1525
Revised Code, that public money has been illegally expended, 1526
public money has been collected but not been accounted for, public 1527
money is due but has not been collected, or public property has 1528
been converted or misappropriated.1529

        (4) "Debtor" means a person against whom a finding for 1530
recovery has been issued.1531

       (5) "Person" means the person named in the finding for 1532
recovery.1533

       (6) "State money" does not include funds the state receives 1534
from another source and passes through to a political subdivision.1535

       Sec. 9.33.  As used in sections 9.33 to 9.3339.335 of the 1536
Revised Code:1537

       (A) "Construction manager" means a person with substantial 1538
discretion and authority to plan, coordinate, manage, and direct 1539
all phases of a project for the construction, demolition, 1540
alteration, repair, or reconstruction of any public building, 1541
structure, or other improvement, but does not mean the person who 1542
provides the professional design services or who actually performs 1543
the construction, demolition, alteration, repair, or 1544
reconstruction work on the project.1545

       (B)(1) "Construction manager at risk" means a person with 1546
substantial discretion and authority to plan, coordinate, manage, 1547
direct, and construct all phases of a project for the 1548
construction, demolition, alteration, repair, or reconstruction of 1549
any public building, structure, or other improvement and who 1550
provides the public authority a guaranteed maximum price as 1551
determined in section 9.334 of the Revised Code. 1552

       (2) As used in division (B)(1) of this section:1553

       (a) "Construct" includes performing, or subcontracting for 1554
performing, construction, demolition, alteration, repair, or 1555
reconstruction.1556

       (b) "Manage" includes approving bidders and awarding 1557
subcontracts for furnishing materials regarding, or for 1558
performing, construction, demolition, alteration, repair, or 1559
reconstruction.1560

       (C) "Construction management contract" means a contract 1561
between a public authority and another person obligating the 1562
person to provide construction management services.1563

       (D) "Construction management services" or "management 1564
services" means the range of services that either a construction 1565
manager or a construction manager at risk may provide.1566

       (E) "Qualified" means having the following qualifications:1567

       (1) Competence to perform the required management services as 1568
indicated by the technical training, education, and experience of 1569
the construction manager's or construction manager at risk's1570
personnel, especially the technical training, education, and 1571
experience of the construction manager's or construction manager 1572
at risk's employees who would be assigned to perform the services;1573

       (2) Ability in terms of workload and the availability of 1574
qualified personnel, equipment, and facilities to perform the 1575
required management services competently and expeditiously;1576

       (3) Past performance as reflected by the evaluations of 1577
previous clients with respect to factors such as control of costs, 1578
quality of work, and meeting of deadlines;1579

       (4) Financial responsibility as evidenced by the capability 1580
to provide a letter of credit pursuant to Chapter 1305. of the 1581
Revised Code, a surety bond, certified check, or cashier's check 1582
in an amount equal to the value of the construction management 1583
contract, or by other means acceptable to the public owner1584
authority;1585

       (5) Other similar factors.1586

       (C)(F)(1) "Public ownerauthority" means the state, orany 1587
state institution of higher education as defined in section 1588
3345.011 of the Revised Code, any county, township, municipal 1589
corporation, school district, or other political subdivision, or 1590
any public agency, authority, board, commission, instrumentality,1591
or special purpose district of the state or of a political 1592
subdivision.1593

       (2) "Public authority" does not include the Ohio turnpike 1594
commission.1595

       (G) "Open book pricing method" means a method in which a 1596
construction manager at risk provides the public authority, at the 1597
public authority's request, all books, records, documents, and 1598
other data in its possession pertaining to the bidding, pricing, 1599
or performance of a construction management contract awarded to 1600
the construction manager at risk.1601

       Sec. 9.331.  (A) Before entering into a contract to employ a 1602
construction manager or construction manager at risk, a public 1603
ownerauthority shall advertise, in a newspaper of general 1604
circulation in the county where the contract is to be performed, 1605
and may advertise by electronic means pursuant to rules adopted by 1606
the director of administrative services, notice of its intent to 1607
employ a construction manager or construction manager at risk. The 1608
notice shall invite interested parties to submit proposals for 1609
consideration and shall be published at least thirty days prior to 1610
the date for accepting the proposals. The public ownerauthority1611
also may advertise the information contained in the notice in 1612
appropriate trade journals and otherwise notify persons believed 1613
to be interested in employment as a construction manager or 1614
construction manager at risk.1615

       (B) The advertisement shall include a general description of 1616
the project, a statement of the specific management services 1617
required, and a description of the qualifications required for the 1618
project.1619

       Sec. 9.332. For every construction management contract, the1620
Every public ownerauthority planning to contract for construction 1621
management services with a construction manager shall evaluate the 1622
proposals submitted and may hold discussions with individual 1623
construction managers to explore further their proposals, the 1624
scope and nature of the services they would provide, and the 1625
various technical approaches they may take regarding the project. 1626
Following this evaluation, the public ownerauthority shall:1627

       (A) Select and rank no fewer than three construction managers 1628
that it considers to be the most qualified to provide the required 1629
construction management services, except when the public owner1630
authority determines in writing that fewer than three qualified 1631
construction managers are available in which case it shall select 1632
and rank them;1633

       (B) Negotiate a contract with the construction manager ranked 1634
most qualified to perform the required services at a compensation 1635
determined in writing to be fair and reasonable. Contract 1636
negotiations shall be directed toward:1637

       (1) Ensuring that the construction manager and the public 1638
ownerauthority have a mutual understanding of the essential 1639
requirements involved in providing the required services;1640

       (2) Determining that the construction manager will make 1641
available the necessary personnel, equipment, and facilities to 1642
perform the services within the required time.1643

       (C) Upon failure to negotiate a contract with the 1644
construction manager ranked most qualified, the public owner1645
authority shall inform the construction manager in writing of the 1646
termination of negotiations and enter into negotiations with the 1647
construction manager ranked next most qualified. If negotiations 1648
again fail, the same procedure shallmay be followed with each 1649
next most qualified construction manager selected and ranked 1650
pursuant to division (A) of this section, in order of ranking, 1651
until a contract is negotiated.1652

       (D) If the public ownerauthority fails to negotiate a 1653
contract with any of the construction managers selected pursuant 1654
to division (A) of this section, the public owner shallauthority 1655
may select and rank additional construction managers, based on 1656
their qualifications, and negotiations shallmay continue as with 1657
the construction managers selected and ranked initially until a 1658
contract is negotiated.1659

       (E) Nothing in this section affects a public authority's 1660
right to accept or reject any or all proposals in whole or in 1661
part.1662

       Sec. 9.333. (A) No public ownerauthority shall enter into a 1663
construction management contract with a construction manager 1664
unless the construction manager provides a letter of credit 1665
pursuant to Chapter 1305. of the Revised Code, a surety bond 1666
pursuant to sections 153.54 and 153.57 of the Revised Code, a 1667
certified check or cashier's check in an amount equal to the value 1668
of the construction management contract for the project, or 1669
provides other reasonable financial assurance of a nature and in 1670
an amount satisfactory to the ownerpublic authority. The public 1671
ownerauthority may waive this requirement for good cause.1672

       (B) Before construction begins pursuant to a construction 1673
management contract with a construction manager at risk, the 1674
construction manager at risk shall provide a surety bond to the 1675
public authority in accordance with section 153.57 of the Revised 1676
Code in an amount not less than the combined contract values of 1677
any work under contract to be constructed pursuant to the 1678
construction management contract prior to the establishment of the 1679
guaranteed maximum price or in the amount of the guaranteed 1680
maximum price as agreed to by the public authority, as the case 1681
may be.1682

       Sec. 9.334.  (A) Every public authority planning to contract 1683
for construction management services with a construction manager 1684
at risk shall evaluate the proposals submitted and select not 1685
fewer than three construction managers at risk the public 1686
authority considers to be the most qualified to provide the 1687
required construction management services, except that the public 1688
authority shall select and rank fewer than three when the public 1689
authority determines in writing that fewer than three qualified 1690
construction managers at risk are available.1691

       (B) The public authority shall provide each construction 1692
manager at risk selected under division (A) of this section with a 1693
description of the project, including a statement of available 1694
design detail, a description of how the guaranteed maximum price 1695
for the project shall be determined, including the estimated level 1696
of design detail upon which the guaranteed maximum price shall be 1697
based, the form of the construction management contract, and a 1698
request for a pricing proposal. 1699

       (C) The pricing proposal of each construction manager at risk 1700
shall include at least the following regarding the construction 1701
manager at risk: 1702

       (1) A list of key personnel for the project; 1703

       (2) A statement of the general conditions and contingency 1704
requirements;1705

       (3) A fee proposal divided into a preconstruction fee, a 1706
construction fee, and the portion of the construction fee to be at 1707
risk in a guaranteed maximum price.1708

       (D) The public authority shall evaluate the submitted pricing 1709
proposals and may hold discussions with individual construction 1710
managers at risk to explore their proposals further, including the 1711
scope and nature of the proposed services and potential technical 1712
approaches. 1713

       (E) After evaluating the pricing proposals, the public 1714
authority shall rank the selected construction managers at risk 1715
based on its evaluation of the value of each pricing proposal, 1716
with such evaluation considering the proposed cost and 1717
qualifications.1718

       (F) The public authority shall enter into negotiations for a 1719
construction management contract with the construction manager at 1720
risk whose pricing proposal the public authority determines to be 1721
the best value under division (E) of this section. Contract 1722
negotiations shall be directed toward:1723

       (1) Ensuring that the construction manager at risk and the 1724
public authority mutually understand the essential requirements 1725
involved in providing the required construction management 1726
services, including the provisions for the use of contingency 1727
funds and the possible distribution of savings in the final costs 1728
of the project;1729

       (2) Ensuring that the construction manager at risk will be 1730
able to provide the necessary personnel, equipment, and facilities 1731
to perform the construction management services within the time 1732
required by the construction management contract;1733

       (3) Agreeing upon a procedure and schedule for determining a 1734
guaranteed maximum price using an open book pricing method that 1735
shall represent the total maximum amount to be paid by the public 1736
authority to the construction manager at risk for the project and 1737
that shall include the costs of all the work, the cost of its 1738
general conditions, the contingency, and the fee payable to the 1739
construction manager at risk.1740

       (G)(1) If the public authority fails to negotiate a 1741
construction management contract with the construction manager at 1742
risk whose pricing proposal the public authority determines to be 1743
the best value under division (E) of this section, the public 1744
authority shall inform the construction manager at risk, in 1745
writing, of the termination of negotiations. 1746

       (2) Upon terminating negotiations, the public authority may 1747
enter into negotiations as provided in this section with the 1748
construction manager at risk that the public authority ranked next 1749
highest under division (E) of this section. If negotiations fail, 1750
the public authority may enter into negotiations as provided in 1751
this section with the construction manager at risk the public 1752
authority ranked next highest under division (E) of this section.1753

       (3) If a public authority fails to negotiate a construction 1754
management contract with a construction manager at risk whose 1755
pricing proposal the public authority determines to be the best 1756
value under division (E) of this section, the public authority may 1757
select additional construction managers at risk to provide pricing 1758
proposals to the public authority pursuant to this section or may 1759
select an alternative delivery method for the project.1760

       (H) If the public authority and construction manager at risk 1761
fail to agree on a guaranteed maximum price, nothing in this 1762
section shall prohibit the public authority from allowing the 1763
construction manager at risk to provide the management services 1764
that a construction manager is authorized to provide.1765

       (I) Nothing in this section affects a public authority's 1766
right to accept or reject any or all proposals in whole or in 1767
part.1768

       Sec. 9.335.  The requirements set forth in sections 9.33 to 1769
9.334 of the Revised Code for the bidding, selection, and award of 1770
a construction management contract by a public authority prevail 1771
in the event of any conflict with a provision of Chapter 153. of 1772
the Revised Code.1773

       Sec. 9.482. (A) As used in this section, "political 1774
subdivision" has the meaning defined in section 2744.01 of the 1775
Revised Code.1776

       (B) When authorized by their respective legislative 1777
authorities, a political subdivision may enter into an agreement 1778
with another political subdivision whereby a contracting political 1779
subdivision agrees to exercise any power, perform any function, or 1780
render any service for another contracting recipient political 1781
subdivision that the contracting recipient political subdivision 1782
is otherwise legally authorized to exercise, perform, or render.1783

       In the absence in the agreement of provisions determining by 1784
what officer, office, department, agency, or other authority the 1785
powers and duties of a contracting political subdivision shall be 1786
exercised or performed, the legislative authority of the 1787
contracting political subdivision shall determine and assign the 1788
powers and duties.1789

        An agreement shall not suspend the possession by a 1790
contracting recipient political subdivision of any power or 1791
function that is exercised or performed on its behalf by another 1792
contracting political subdivision under the agreement.1793

       A political subdivision shall not enter into an agreement to 1794
levy any tax or to exercise, with regard to public moneys, any 1795
investment powers, perform any investment function, or render any 1796
investment service on behalf of a contracting subdivision.1797

       (C) No power shall be exercised, no function shall be 1798
performed, and no service shall be rendered by a contracting 1799
political subdivision pursuant to an agreement entered into under 1800
this section within a political subdivision that is not a party to 1801
the agreement, without first obtaining the written consent of the 1802
political subdivision that is not a party to the agreement and 1803
within which the power is to be exercised, a function is to be 1804
performed, or a service is to be rendered.1805

       (D) Chapter 2744. of the Revised Code, insofar as it applies 1806
to the operation of a political subdivision, applies to the 1807
political subdivisions that are parties to an agreement and to 1808
their employees when they are rendering a service outside the 1809
boundaries of their employing political subdivision under the 1810
agreement. Employees acting outside the boundaries of their 1811
employing political subdivision while providing a service under an 1812
agreement may participate in any pension or indemnity fund 1813
established by the political subdivision to the same extent as 1814
while they are acting within the boundaries of the political 1815
subdivision, and are entitled to all the rights and benefits of 1816
Chapter 4123. of the Revised Code to the same extent as while they 1817
are performing a service within the boundaries of the political 1818
subdivision.1819

       Sec. 9.90.  (A) The governing board of any public institution 1820
of higher education, including without limitation state 1821
universities and colleges, community college districts, university 1822
branch districts, technical college districts, and municipal 1823
universities, may, in addition to all other powers provided in the 1824
Revised Code:1825

       (1) Contract for, purchase, or otherwise procure from an 1826
insurer or insurers licensed to do business by the state of Ohio 1827
for or on behalf of such of its employees as it may determine, 1828
life insurance, or sickness, accident, annuity, endowment, health, 1829
medical, hospital, dental, or surgical coverage and benefits, or 1830
any combination thereof, by means of insurance plans or other 1831
types of coverage, family, group or otherwise, and may pay from 1832
funds under its control and available for such purpose all or any 1833
portion of the cost, premium, or charge for such insurance, 1834
coverage, or benefits. However, the governing board, in addition 1835
to or as an alternative to the authority otherwise granted by 1836
division (A)(1) of this section, may elect to procure coverage for 1837
health care services, for or on behalf of such of its employees as 1838
it may determine, by means of policies, contracts, certificates, 1839
or agreements issued by at least two health insuring corporations 1840
holding a certificate of authority under Chapter 1751. of the 1841
Revised Code and may pay from funds under the governing board's 1842
control and available for such purpose all or any portion of the 1843
cost of such coverage.1844

       (2) Make payments to a custodial account for investment in 1845
regulated investment company stock for the purpose of providing 1846
retirement benefits as described in section 403(b)(7) of the 1847
Internal Revenue Code of 1954, as amended. Such stock shall be 1848
purchased only from persons authorized to sell such stock in this 1849
state.1850

       Any income of an employee deferred under divisions (A)(1) and 1851
(2) of this section in a deferred compensation program eligible 1852
for favorable tax treatment under the Internal Revenue Code of 1853
1954, as amended, shall continue to be included as regular 1854
compensation for the purpose of computing the contributions to and 1855
benefits from the retirement system of such employee. Any sum so 1856
deferred shall not be included in the computation of any federal 1857
and state income taxes withheld on behalf of any such employee.1858

       (B) All or any portion of the cost, premium, or charge 1859
therefor may be paid in such other manner or combination of 1860
manners as the governing board may determine, including direct 1861
payment by the employee in cases under division (A)(1) of this 1862
section, and, if authorized in writing by the employee in cases 1863
under division (A)(1) or (2) of this section, by such governing 1864
board with moneys made available by deduction from or reduction in 1865
salary or wages or by the foregoing of a salary or wage increase. 1866
Nothing in section 3917.01 or section 3917.06 of the Revised Code 1867
shall prohibit the issuance or purchase of group life insurance 1868
authorized by this section by reason of payment of premiums 1869
therefor by the governing board from its funds, and such group 1870
life insurance may be so issued and purchased if otherwise 1871
consistent with the provisions of sections 3917.01 to 3917.07 of 1872
the Revised Code.1873

       (C) The board of education of any school district may 1874
exercise any of the powers granted to the governing boards of 1875
public institutions of higher education under divisions (A) and 1876
(B) of this section, except in relation to the provision of health 1877
care benefits to employees. All health care benefits provided to 1878
persons employed by the public schools of this state shall be 1879
health care plans that contain best practices established by the 1880
school employees health care board pursuant to section 9.901 of 1881
the Revised Code.1882

       Sec. 101.15.  (A) As used in this section:1883

       (1) "Caucus" means all of the members of either house of the 1884
general assembly who are members of a committee and members of the 1885
same political party.1886

       (2) "Committee" means any committee of either house of the 1887
general assembly, a joint committee of both houses of the general 1888
assembly, including a committee of conference, or a subcommittee 1889
of any committee listed in division (A)(2) of this section.1890

       (3) "Meeting" means any prearranged discussion of the public 1891
business of a committee by a majority of its members.1892

       (B)(1) Except as otherwise provided in divisiondivisions 1893
(B)(2) and (F) of this section, all meetings of any committee are 1894
declared to be public meetings open to the public at all times. 1895
The secretary assigned to the chairperson of the committee shall 1896
prepare, file, and maintain the minutes of every regular or 1897
special meeting of a committee. The committee, at its next regular 1898
or special meeting, shall approve the minutes prepared, filed, and 1899
maintained by the secretary, or, if the minutes prepared, filed, 1900
and maintained by the secretary require correction before their 1901
approval, the committee shall correct and approve the minutes at 1902
the next following regular or special meeting. The committee shall 1903
make the minutes available for public inspection not later than 1904
seven days after the meeting the minutes reflect or not later than 1905
the committee's next regular or special meeting, whichever occurs 1906
first.1907

       (2) Upon motion, the chairperson of a committee shall recess 1908
a meeting of the committee to enable the members of the committee 1909
who are members of the same political party to hold a caucus 1910
meeting to discuss matters that have been referred to or are under 1911
consideration by the committee. Unless the caucus determines 1912
otherwise, a caucus meeting is neither a public meeting nor open 1913
to the public at any time. During a recess for the purpose of a 1914
caucus meeting, it is not in order for the committee to take up or 1915
dispose of any matter that has been referred to or is under 1916
consideration by the committee.1917

       (C) Each committee shall establish a reasonable method 1918
whereby any person may determine the time and place of all 1919
regularly scheduled meetings and the time, place, and purpose of 1920
all special meetings. No committee shall hold a regular or special 1921
meeting unless it gives at least twenty-four hours' advance notice 1922
to the news media that have requested notification.1923

       The method established by each committee shall provide that, 1924
upon request and payment of a reasonable fee, any person may 1925
obtain reasonable advance notification of all meetings at which 1926
any specific type of public business will be discussed. Provisions 1927
for advance notification may include, but are not limited to, 1928
mailing the agenda of meetings to all subscribers on a mailing 1929
list or mailing notices in self-addressed stamped envelopes 1930
provided by the person who desires advance notification.1931

       (D) Any action of a committee relating to a bill or 1932
resolution, or any other formal action of a committee, is invalid 1933
unless taken in an open meeting of the committee. Any action of a 1934
committee relating to a bill or resolution, or any other formal 1935
action of a committee, taken in an open meeting is invalid if it 1936
results from deliberations in a meeting not open to the public.1937

       (E)(1) Any person may bring an action to enforce this 1938
section. An action under this division shall be brought within two 1939
years after the date of the alleged violation or threatened 1940
violation. Upon proof of a violation or threatened violation of 1941
this section in an action brought by any person, the court of 1942
common pleas shall issue an injunction to compel the members of 1943
the committee to comply with its provisions.1944

       (2)(a) If the court of common pleas issues an injunction 1945
under division (E)(1) of this section, the court shall order the 1946
committee that it enjoins to pay a civil forfeiture of five 1947
hundred dollars to the party that sought the injunction and shall 1948
award to that party all court costs and, subject to reduction as 1949
described in this division, reasonable attorney's fees. The court, 1950
in its discretion, may reduce an award of attorney's fees to the 1951
party that sought the injunction or not award attorney's fees to 1952
that party if the court determines both of the following:1953

       (i) That, based on the ordinary application of statutory law 1954
and case law as it existed at the time of the violation or 1955
threatened violation that was the basis of the injunction, a 1956
well-informed committee reasonably would believe that the 1957
committee was not violating or threatening to violate this 1958
section;1959

       (ii) That a well-informed committee reasonably would believe 1960
that the conduct or threatened conduct that was the basis of the 1961
injunction would serve the public policy that underlies the 1962
authority that is asserted as permitting that conduct or 1963
threatened conduct.1964

       (b) If the court of common pleas does not issue an injunction 1965
under division (E)(1) of this section and the court determines at 1966
that time that the bringing of the action was frivolous conduct as 1967
defined in division (A) of section 2323.51 of the Revised Code, 1968
the court shall award to the committee all court costs and 1969
reasonable attorney's fees, as determined by the court.1970

       (3) Irreparable harm and prejudice to the party that sought 1971
the injunction shall be conclusively and irrebuttably presumed 1972
upon proof of a violation or threatened violation of this section.1973

       (4) A member of a committee who knowingly violates an 1974
injunction issued under division (E)(1) of this section may be 1975
removed from office by an action brought in the court of common 1976
pleas for that purpose by the prosecuting attorney of Franklin 1977
county or by the attorney general.1978

       (5) The remedies described in divisions (E)(1) to (4) of this 1979
section shall be the exclusive remedies for a violation of this 1980
section.1981

       (F) This section does not apply to or affect either of the 1982
following:1983

       (1) All meetings of the joint legislative ethics committee 1984
created under section 101.34 of the Revised Code other than a 1985
meeting that is held for any of the following purposes:1986

       (a) To consider the adoption, amendment, or recission of any 1987
rule that the joint legislative ethics committee is authorized to 1988
adopt pursuant to division (B)(11) of section 101.34, division (E) 1989
of section 101.78, division (B) of section 102.02, or division (E) 1990
of section 121.68 of the Revised Code;1991

       (b) To discuss and consider changes to any administrative 1992
operation of the joint legislative ethics committee other than any 1993
matter described in division (G) of section 121.22 of the Revised 1994
Code;1995

       (c) To discuss pending or proposed legislation.1996

       (2) Meetings of a caucus, except as provided in division 1997
(B)(2) of this section.1998

       (G) For purposes of division (F)(1)(a) of this section, an 1999
advisory opinion, written opinion, or decision relative to a 2000
complaint is not a rule.2001

       Sec. 102.02.  (A) Except as otherwise provided in division 2002
(H) of this section, all of the following shall file with the 2003
appropriate ethics commission the disclosure statement described 2004
in this division on a form prescribed by the appropriate 2005
commission: every person who is elected to or is a candidate for a 2006
state, county, or city office and every person who is appointed to 2007
fill a vacancy for an unexpired term in such an elective office; 2008
all members of the state board of education; the director, 2009
assistant directors, deputy directors, division chiefs, or persons 2010
of equivalent rank of any administrative department of the state; 2011
the president or other chief administrative officer of every state 2012
institution of higher education as defined in section 3345.011 of 2013
the Revised Code; the executive director and the members of the 2014
capitol square review and advisory board appointed or employed 2015
pursuant to section 105.41 of the Revised Code; all members of the 2016
Ohio casino control commission, the executive director of the 2017
commission, all professional employees of the commission, and all 2018
technical employees of the commission who perform an internal 2019
audit function; the individuals set forth in division (B)(2) of 2020
section 187.03 of the Revised Code; the chief executive officer 2021
and the members of the board of each state retirement system; each 2022
employee of a state retirement board who is a state retirement 2023
system investment officer licensed pursuant to section 1707.163 of 2024
the Revised Code; the members of the Ohio retirement study council 2025
appointed pursuant to division (C) of section 171.01 of the 2026
Revised Code; employees of the Ohio retirement study council, 2027
other than employees who perform purely administrative or clerical 2028
functions; the administrator of workers' compensation and each 2029
member of the bureau of workers' compensation board of directors; 2030
the bureau of workers' compensation director of investments; the 2031
chief investment officer of the bureau of workers' compensation; 2032
the director appointed by the workers' compensation council; all 2033
members of the board of commissioners on grievances and discipline 2034
of the supreme court and the ethics commission created under 2035
section 102.05 of the Revised Code; every business manager, 2036
treasurer, or superintendent of a city, local, exempted village, 2037
joint vocational, or cooperative education school district or an 2038
educational service center; every person who is elected to or is a 2039
candidate for the office of member of a board of education of a 2040
city, local, exempted village, joint vocational, or cooperative 2041
education school district or of a governing board of an 2042
educational service center that has a total student count of 2043
twelve thousand or more as most recently determined by the 2044
department of education pursuant to section 3317.03 of the Revised 2045
Code; every person who is appointed to the board of education of a 2046
municipal school district pursuant to division (B) or (F) of 2047
section 3311.71 of the Revised Code; all members of the board of 2048
directors of a sanitary district that is established under Chapter 2049
6115. of the Revised Code and organized wholly for the purpose of 2050
providing a water supply for domestic, municipal, and public use, 2051
and that includes two municipal corporations in two counties; 2052
every public official or employee who is paid a salary or wage in 2053
accordance with schedule C of section 124.15 or schedule E-2 of 2054
section 124.152 of the Revised Code; members of the board of 2055
trustees and the executive director of the southern Ohio 2056
agricultural and community development foundation; all members 2057
appointed to the Ohio livestock care standards board under section 2058
904.02 of the Revised Code; and every other public official or 2059
employee who is designated by the appropriate ethics commission 2060
pursuant to division (B) of this section.2061

       The disclosure statement shall include all of the following:2062

       (1) The name of the person filing the statement and each 2063
member of the person's immediate family and all names under which 2064
the person or members of the person's immediate family do 2065
business;2066

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 2067
and except as otherwise provided in section 102.022 of the Revised 2068
Code, identification of every source of income, other than income 2069
from a legislative agent identified in division (A)(2)(b) of this 2070
section, received during the preceding calendar year, in the 2071
person's own name or by any other person for the person's use or 2072
benefit, by the person filing the statement, and a brief 2073
description of the nature of the services for which the income was 2074
received. If the person filing the statement is a member of the 2075
general assembly, the statement shall identify the amount of every 2076
source of income received in accordance with the following ranges 2077
of amounts: zero or more, but less than one thousand dollars; one 2078
thousand dollars or more, but less than ten thousand dollars; ten 2079
thousand dollars or more, but less than twenty-five thousand 2080
dollars; twenty-five thousand dollars or more, but less than fifty 2081
thousand dollars; fifty thousand dollars or more, but less than 2082
one hundred thousand dollars; and one hundred thousand dollars or 2083
more. Division (A)(2)(a) of this section shall not be construed to 2084
require a person filing the statement who derives income from a 2085
business or profession to disclose the individual items of income 2086
that constitute the gross income of that business or profession, 2087
except for those individual items of income that are attributable 2088
to the person's or, if the income is shared with the person, the 2089
partner's, solicitation of services or goods or performance, 2090
arrangement, or facilitation of services or provision of goods on 2091
behalf of the business or profession of clients, including 2092
corporate clients, who are legislative agents. A person who files 2093
the statement under this section shall disclose the identity of 2094
and the amount of income received from a person who the public 2095
official or employee knows or has reason to know is doing or 2096
seeking to do business of any kind with the public official's or 2097
employee's agency.2098

       (b) If the person filing the statement is a member of the 2099
general assembly, the statement shall identify every source of 2100
income and the amount of that income that was received from a 2101
legislative agent during the preceding calendar year, in the 2102
person's own name or by any other person for the person's use or 2103
benefit, by the person filing the statement, and a brief 2104
description of the nature of the services for which the income was 2105
received. Division (A)(2)(b) of this section requires the 2106
disclosure of clients of attorneys or persons licensed under 2107
section 4732.12 of the Revised Code, or patients of persons 2108
certified under section 4731.14 of the Revised Code, if those 2109
clients or patients are legislative agents. Division (A)(2)(b) of 2110
this section requires a person filing the statement who derives 2111
income from a business or profession to disclose those individual 2112
items of income that constitute the gross income of that business 2113
or profession that are received from legislative agents.2114

       (c) Except as otherwise provided in division (A)(2)(c) of 2115
this section, division (A)(2)(a) of this section applies to 2116
attorneys, physicians, and other persons who engage in the 2117
practice of a profession and who, pursuant to a section of the 2118
Revised Code, the common law of this state, a code of ethics 2119
applicable to the profession, or otherwise, generally are required 2120
not to reveal, disclose, or use confidences of clients, patients, 2121
or other recipients of professional services except under 2122
specified circumstances or generally are required to maintain 2123
those types of confidences as privileged communications except 2124
under specified circumstances. Division (A)(2)(a) of this section 2125
does not require an attorney, physician, or other professional 2126
subject to a confidentiality requirement as described in division 2127
(A)(2)(c) of this section to disclose the name, other identity, or 2128
address of a client, patient, or other recipient of professional 2129
services if the disclosure would threaten the client, patient, or 2130
other recipient of professional services, would reveal details of 2131
the subject matter for which legal, medical, or professional 2132
advice or other services were sought, or would reveal an otherwise 2133
privileged communication involving the client, patient, or other 2134
recipient of professional services. Division (A)(2)(a) of this 2135
section does not require an attorney, physician, or other 2136
professional subject to a confidentiality requirement as described 2137
in division (A)(2)(c) of this section to disclose in the brief 2138
description of the nature of services required by division 2139
(A)(2)(a) of this section any information pertaining to specific 2140
professional services rendered for a client, patient, or other 2141
recipient of professional services that would reveal details of 2142
the subject matter for which legal, medical, or professional 2143
advice was sought or would reveal an otherwise privileged 2144
communication involving the client, patient, or other recipient of 2145
professional services.2146

       (3) The name of every corporation on file with the secretary 2147
of state that is incorporated in this state or holds a certificate 2148
of compliance authorizing it to do business in this state, trust, 2149
business trust, partnership, or association that transacts 2150
business in this state in which the person filing the statement or 2151
any other person for the person's use and benefit had during the 2152
preceding calendar year an investment of over one thousand dollars 2153
at fair market value as of the thirty-first day of December of the 2154
preceding calendar year, or the date of disposition, whichever is 2155
earlier, or in which the person holds any office or has a 2156
fiduciary relationship, and a description of the nature of the 2157
investment, office, or relationship. Division (A)(3) of this 2158
section does not require disclosure of the name of any bank, 2159
savings and loan association, credit union, or building and loan 2160
association with which the person filing the statement has a 2161
deposit or a withdrawable share account.2162

       (4) All fee simple and leasehold interests to which the 2163
person filing the statement holds legal title to or a beneficial 2164
interest in real property located within the state, excluding the 2165
person's residence and property used primarily for personal 2166
recreation;2167

       (5) The names of all persons residing or transacting business 2168
in the state to whom the person filing the statement owes, in the 2169
person's own name or in the name of any other person, more than 2170
one thousand dollars. Division (A)(5) of this section shall not be 2171
construed to require the disclosure of debts owed by the person 2172
resulting from the ordinary conduct of a business or profession or 2173
debts on the person's residence or real property used primarily 2174
for personal recreation, except that the superintendent of 2175
financial institutions shall disclose the names of all 2176
state-chartered savings and loan associations and of all service 2177
corporations subject to regulation under division (E)(2) of 2178
section 1151.34 of the Revised Code to whom the superintendent in 2179
the superintendent's own name or in the name of any other person 2180
owes any money, and that the superintendent and any deputy 2181
superintendent of banks shall disclose the names of all 2182
state-chartered banks and all bank subsidiary corporations subject 2183
to regulation under section 1109.44 of the Revised Code to whom 2184
the superintendent or deputy superintendent owes any money.2185

       (6) The names of all persons residing or transacting business 2186
in the state, other than a depository excluded under division 2187
(A)(3) of this section, who owe more than one thousand dollars to 2188
the person filing the statement, either in the person's own name 2189
or to any person for the person's use or benefit. Division (A)(6) 2190
of this section shall not be construed to require the disclosure 2191
of clients of attorneys or persons licensed under section 4732.12 2192
or 4732.15 of the Revised Code, or patients of persons certified 2193
under section 4731.14 of the Revised Code, nor the disclosure of 2194
debts owed to the person resulting from the ordinary conduct of a 2195
business or profession.2196

       (7) Except as otherwise provided in section 102.022 of the 2197
Revised Code, the source of each gift of over seventy-five 2198
dollars, or of each gift of over twenty-five dollars received by a 2199
member of the general assembly from a legislative agent, received 2200
by the person in the person's own name or by any other person for 2201
the person's use or benefit during the preceding calendar year, 2202
except gifts received by will or by virtue of section 2105.06 of 2203
the Revised Code, or received from spouses, parents, grandparents, 2204
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 2205
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 2206
fathers-in-law, mothers-in-law, or any person to whom the person 2207
filing the statement stands in loco parentis, or received by way 2208
of distribution from any inter vivos or testamentary trust 2209
established by a spouse or by an ancestor;2210

       (8) Except as otherwise provided in section 102.022 of the 2211
Revised Code, identification of the source and amount of every 2212
payment of expenses incurred for travel to destinations inside or 2213
outside this state that is received by the person in the person's 2214
own name or by any other person for the person's use or benefit 2215
and that is incurred in connection with the person's official 2216
duties, except for expenses for travel to meetings or conventions 2217
of a national or state organization to which any state agency, 2218
including, but not limited to, any legislative agency or state 2219
institution of higher education as defined in section 3345.011 of 2220
the Revised Code, pays membership dues, or any political 2221
subdivision or any office or agency of a political subdivision 2222
pays membership dues;2223

       (9) Except as otherwise provided in section 102.022 of the 2224
Revised Code, identification of the source of payment of expenses 2225
for meals and other food and beverages, other than for meals and 2226
other food and beverages provided at a meeting at which the person 2227
participated in a panel, seminar, or speaking engagement or at a 2228
meeting or convention of a national or state organization to which 2229
any state agency, including, but not limited to, any legislative 2230
agency or state institution of higher education as defined in 2231
section 3345.011 of the Revised Code, pays membership dues, or any 2232
political subdivision or any office or agency of a political 2233
subdivision pays membership dues, that are incurred in connection 2234
with the person's official duties and that exceed one hundred 2235
dollars aggregated per calendar year;2236

       (10) If the disclosure statement is filed by a public 2237
official or employee described in division (B)(2) of section 2238
101.73 of the Revised Code or division (B)(2) of section 121.63 of 2239
the Revised Code who receives a statement from a legislative 2240
agent, executive agency lobbyist, or employer that contains the 2241
information described in division (F)(2) of section 101.73 of the 2242
Revised Code or division (G)(2) of section 121.63 of the Revised 2243
Code, all of the nondisputed information contained in the 2244
statement delivered to that public official or employee by the 2245
legislative agent, executive agency lobbyist, or employer under 2246
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 2247
the Revised Code.2248

       A person may file a statement required by this section in 2249
person or by mail. A person who is a candidate for elective office 2250
shall file the statement no later than the thirtieth day before 2251
the primary, special, or general election at which the candidacy 2252
is to be voted on, whichever election occurs soonest, except that 2253
a person who is a write-in candidate shall file the statement no 2254
later than the twentieth day before the earliest election at which 2255
the person's candidacy is to be voted on. A person who holds 2256
elective office shall file the statement on or before the 2257
fifteenth day of April of each year unless the person is a 2258
candidate for office. A person who is appointed to fill a vacancy 2259
for an unexpired term in an elective office shall file the 2260
statement within fifteen days after the person qualifies for 2261
office. Other persons shall file an annual statement on or before 2262
the fifteenth day of April or, if appointed or employed after that 2263
date, within ninety days after appointment or employment. No 2264
person shall be required to file with the appropriate ethics 2265
commission more than one statement or pay more than one filing fee 2266
for any one calendar year.2267

       The appropriate ethics commission, for good cause, may extend 2268
for a reasonable time the deadline for filing a statement under 2269
this section.2270

       A statement filed under this section is subject to public 2271
inspection at locations designated by the appropriate ethics 2272
commission except as otherwise provided in this section.2273

       (B) The Ohio ethics commission, the joint legislative ethics 2274
committee, and the board of commissioners on grievances and 2275
discipline of the supreme court, using the rule-making procedures 2276
of Chapter 119. of the Revised Code, may require any class of 2277
public officials or employees under its jurisdiction and not 2278
specifically excluded by this section whose positions involve a 2279
substantial and material exercise of administrative discretion in 2280
the formulation of public policy, expenditure of public funds, 2281
enforcement of laws and rules of the state or a county or city, or 2282
the execution of other public trusts, to file an annual statement 2283
on or before the fifteenth day of April under division (A) of this 2284
section. The appropriate ethics commission shall send the public 2285
officials or employees written notice of the requirement by the 2286
fifteenth day of February of each year the filing is required 2287
unless the public official or employee is appointed after that 2288
date, in which case the notice shall be sent within thirty days 2289
after appointment, and the filing shall be made not later than 2290
ninety days after appointment.2291

       Except for disclosure statements filed by members of the 2292
board of trustees and the executive director of the southern Ohio 2293
agricultural and community development foundation, disclosure 2294
statements filed under this division with the Ohio ethics 2295
commission by members of boards, commissions, or bureaus of the 2296
state for which no compensation is received other than reasonable 2297
and necessary expenses shall be kept confidential. Disclosure 2298
statements filed with the Ohio ethics commission under division 2299
(A) of this section by business managers, treasurers, and 2300
superintendents of city, local, exempted village, joint 2301
vocational, or cooperative education school districts or 2302
educational service centers shall be kept confidential, except 2303
that any person conducting an audit of any such school district or 2304
educational service center pursuant to section 115.56 or Chapter 2305
117. of the Revised Code may examine the disclosure statement of 2306
any business manager, treasurer, or superintendent of that school 2307
district or educational service center. Disclosure statements 2308
filed with the Ohio ethics commission under division (A) of this 2309
section by the individuals set forth in division (B)(2) of section 2310
187.03 of the Revised Code shall be kept confidential. The Ohio 2311
ethics commission shall examine each disclosure statement required 2312
to be kept confidential to determine whether a potential conflict 2313
of interest exists for the person who filed the disclosure 2314
statement. A potential conflict of interest exists if the private 2315
interests of the person, as indicated by the person's disclosure 2316
statement, might interfere with the public interests the person is 2317
required to serve in the exercise of the person's authority and 2318
duties in the person's office or position of employment. If the 2319
commission determines that a potential conflict of interest 2320
exists, it shall notify the person who filed the disclosure 2321
statement and shall make the portions of the disclosure statement 2322
that indicate a potential conflict of interest subject to public 2323
inspection in the same manner as is provided for other disclosure 2324
statements. Any portion of the disclosure statement that the 2325
commission determines does not indicate a potential conflict of 2326
interest shall be kept confidential by the commission and shall 2327
not be made subject to public inspection, except as is necessary 2328
for the enforcement of Chapters 102. and 2921. of the Revised Code 2329
and except as otherwise provided in this division.2330

       (C) No person shall knowingly fail to file, on or before the 2331
applicable filing deadline established under this section, a 2332
statement that is required by this section.2333

       (D) No person shall knowingly file a false statement that is 2334
required to be filed under this section.2335

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 2336
section, beginning with statements for calendar year 2011, the 2337
statement required by division (A) or (B) of this section shall be 2338
accompanied by a filing fee of fortysixty dollars.2339

       (2) TheBeginning with statements for calendar year 2011, the2340
statement required by division (A) of this section shall be 2341
accompanied by the following filing fee to be paid by the person 2342
who is elected or appointed to, or is a candidate for, any of the 2343
following offices:2344

For state office, except member of the 2345
state board of education $65 95 2346
For office of member of general assembly $40 2347
For county office $40 60 2348
For city office $25 35 2349
For office of member of the state board 2350
of education $25 35 2351
For office of member of the Ohio 2352
livestock care standards board $25 2353
For office of member of a city, local, 2354
exempted village, or cooperative 2355
education board of 2356
education or educational service 2357
center governing board $20 30 2358
For position of business manager, 2359
treasurer, or superintendent of a 2360
city, local, exempted village, joint 2361
vocational, or cooperative education 2362
school district or 2363
educational service center $20 30 2364

       (3) No judge of a court of record or candidate for judge of a 2365
court of record, and no referee or magistrate serving a court of 2366
record, shall be required to pay the fee required under division 2367
(E)(1) or (2) or (F) of this section.2368

       (4) For any public official who is appointed to a nonelective 2369
office of the state and for any employee who holds a nonelective 2370
position in a public agency of the state, the state agency that is 2371
the primary employer of the state official or employee shall pay 2372
the fee required under division (E)(1) or (F) of this section.2373

       (F) IfBeginning with statements for calendar year 2011, if a 2374
statement required to be filed under this section is not filed by 2375
the date on which it is required to be filed, the appropriate 2376
ethics commission shall assess the person required to file the 2377
statement a late filing fee of tentwenty dollars for each day the 2378
statement is not filed, except that the total amount of the late 2379
filing fee shall not exceed twofive hundred fifty dollars.2380

       (G)(1) The appropriate ethics commission other than the Ohio 2381
ethics commission and the joint legislative ethics committee shall 2382
deposit all fees it receives under divisions (E) and (F) of this 2383
section into the general revenue fund of the state.2384

       (2) The Ohio ethics commission shall deposit all receipts, 2385
including, but not limited to, fees it receives under divisions 2386
(E) and (F) of this section, investigative or other fees, costs, 2387
or other funds it receives as a result of court orders, and all 2388
moneys it receives from settlements under division (G) of section 2389
102.06 of the Revised Code, into the Ohio ethics commission fund, 2390
which is hereby created in the state treasury. All moneys credited 2391
to the fund shall be used solely for expenses related to the 2392
operation and statutory functions of the commission.2393

       (3) The joint legislative ethics committee shall deposit all 2394
receipts it receives from the payment of financial disclosure 2395
statement filing fees under divisions (E) and (F) of this section 2396
into the joint legislative ethics committee investigative fund.2397

       (H) Division (A) of this section does not apply to a person 2398
elected or appointed to the office of precinct, ward, or district 2399
committee member under Chapter 3517. of the Revised Code; a 2400
presidential elector; a delegate to a national convention; village 2401
or township officials and employees; any physician or psychiatrist 2402
who is paid a salary or wage in accordance with schedule C of 2403
section 124.15 or schedule E-2 of section 124.152 of the Revised 2404
Code and whose primary duties do not require the exercise of 2405
administrative discretion; or any member of a board, commission, 2406
or bureau of any county or city who receives less than one 2407
thousand dollars per year for serving in that position.2408

       Sec. 105.41.  (A) There is hereby created in the legislative 2409
branch of government the capitol square review and advisory board, 2410
consisting of thirteen members as follows:2411

       (1) Two members of the senate, appointed by the president of 2412
the senate, both of whom shall not be members of the same 2413
political party;2414

       (2) Two members of the house of representatives, appointed by 2415
the speaker of the house of representatives, both of whom shall 2416
not be members of the same political party;2417

       (3) Five members appointed by the governor, with the advice 2418
and consent of the senate, not more than three of whom shall be 2419
members of the same political party, one of whom shall be the 2420
chief of staff of the governor's office, one of whom shall 2421
represent the Ohio arts council, one of whom shall represent the 2422
Ohio historical society, one of whom shall represent the Ohio 2423
building authority, and one of whom shall represent the public at 2424
large;2425

       (4) One member, who shall be a former president of the 2426
senate, appointed by the current president of the senate. If the 2427
current president of the senate, in the current president's 2428
discretion, decides for any reason not to make the appointment or 2429
if no person is eligible or available to serve, the seat shall 2430
remain vacant.2431

       (5) One member, who shall be a former speaker of the house of 2432
representatives, appointed by the current speaker of the house of 2433
representatives. If the current speaker of the house of 2434
representatives, in the current speaker's discretion, decides for 2435
any reason not to make the appointment or if no person is eligible 2436
or available to serve, the seat shall remain vacant.2437

       (6) The clerk of the senate and the clerk of the house of 2438
representatives.2439

       (B) Terms of office of each appointed member of the board 2440
shall be for three years, except that members of the general 2441
assembly appointed to the board shall be members of the board only 2442
so long as they are members of the general assembly and the chief 2443
of staff of the governor's office shall be a member of the board 2444
only so long as the appointing governor remains in office. Each 2445
member shall hold office from the date of the member's appointment 2446
until the end of the term for which the member was appointed. In 2447
case of a vacancy occurring on the board, the president of the 2448
senate, the speaker of the house of representatives, or the 2449
governor, as the case may be, shall in the same manner prescribed 2450
for the regular appointment to the commission, fill the vacancy by 2451
appointing a member. Any member appointed to fill a vacancy 2452
occurring prior to the expiration of the term for which the 2453
member's predecessor was appointed shall hold office for the 2454
remainder of the term. Any appointed member shall continue in 2455
office subsequent to the expiration date of the member's term 2456
until the member's successor takes office, or until a period of 2457
sixty days has elapsed, whichever occurs first.2458

       (C) The board shall hold meetings in a manner and at times 2459
prescribed by the rules adopted by the board. A majority of the 2460
board constitutes a quorum, and no action shall be taken by the 2461
board unless approved by at least six members or by at least seven 2462
members if a person is appointed under division (A)(4) or (5) of 2463
this section. At its first meeting, the board shall adopt rules 2464
for the conduct of its business and the election of its officers, 2465
and shall organize by selecting a chairperson and other officers 2466
as it considers necessary. Board members shall serve without 2467
compensation but shall be reimbursed for actual and necessary 2468
expenses incurred in the performance of their duties.2469

       (D) The board may do any of the following:2470

       (1) Employ or hire on a consulting basis professional, 2471
technical, and clerical employees as are necessary for the 2472
performance of its duties;2473

       (2) Hold public hearings at times and places as determined by 2474
the board;2475

       (3) Adopt, amend, or rescind rules necessary to accomplish 2476
the duties of the board as set forth in this section;2477

       (4) Sponsor, conduct, and support such social events as the 2478
board may authorize and consider appropriate for the employees of 2479
the board, employees and members of the general assembly, 2480
employees of persons under contract with the board or otherwise 2481
engaged to perform services on the premises of capitol square, or 2482
other persons as the board may consider appropriate. Subject to 2483
the requirements of Chapter 4303. of the Revised Code, the board 2484
may provide beer, wine, and intoxicating liquor, with or without 2485
charge, for those events and may use funds only from the sale of 2486
goods and services fund to purchase the beer, wine, and 2487
intoxicating liquor the board provides;2488

       (5) Purchase a warehouse in which to store items of the 2489
capitol collection trust and, whenever necessary, equipment or 2490
other property of the board.2491

       (E) The board shall do all of the following:2492

       (1) Have sole authority to coordinate and approve any 2493
improvements, additions, and renovations that are made to the 2494
capitol square. The improvements shall include, but not be limited 2495
to, the placement of monuments and sculpture on the capitol 2496
grounds.2497

       (2) Subject to section 3353.07 of the Revised Code, operate 2498
the capitol square, and have sole authority to regulate all uses 2499
of the capitol square. The uses shall include, but not be limited 2500
to, the casual and recreational use of the capitol square.2501

       (3) Employ, fix the compensation of, and prescribe the duties 2502
of the executive director of the board and other employees the 2503
board considers necessary for the performance of its powers and 2504
duties;2505

       (4) Establish and maintain the capitol collection trust. The 2506
capitol collection trust shall consist of furniture, antiques, and 2507
other items of personal property that the board shall store in 2508
suitable facilities until they are ready to be displayed in the 2509
capitol square.2510

       (5) Perform repair, construction, contracting, purchasing, 2511
maintenance, supervisory, and operating activities the board 2512
determines are necessary for the operation and maintenance of the 2513
capitol square;2514

       (6) Maintain and preserve the capitol square, in accordance 2515
with guidelines issued by the United States secretary of the 2516
interior for application of the secretary's standards for 2517
rehabilitation adopted in 36 C.F.R. part 67;2518

       (7) Plan and develop a center at the capitol building for the 2519
purpose of educating visitors about the history of Ohio, including 2520
its political, economic, and social development and the design and 2521
erection of the capitol building and its grounds.2522

       (F)(1) The board shall lease capital facilities improved or 2523
financed by the Ohio building authority pursuant to Chapter 152. 2524
of the Revised Code for the use of the board, and may enter into 2525
any other agreements with the authority ancillary to improvement, 2526
financing, or leasing of those capital facilities, including, but 2527
not limited to, any agreement required by the applicable bond 2528
proceedings authorized by Chapter 152. of the Revised Code. Any 2529
lease of capital facilities authorized by this section shall be 2530
governed by division (D) of section 152.24 of the Revised Code.2531

       (2) Fees, receipts, and revenues received by the board from 2532
the state underground parking garage constitute available receipts 2533
as defined in section 152.09 of the Revised Code, and may be 2534
pledged to the payment of bond service charges on obligations 2535
issued by the Ohio building authority pursuant to Chapter 152. of 2536
the Revised Code to improve, finance, or purchase capital 2537
facilities useful to the board. The authority may, with the 2538
consent of the board, provide in the bond proceedings for a pledge 2539
of all or a portion of those fees, receipts, and revenues as the 2540
authority determines. The authority may provide in the bond 2541
proceedings or by separate agreement with the board for the 2542
transfer of those fees, receipts, and revenues to the appropriate 2543
bond service fund or bond service reserve fund as required to pay 2544
the bond service charges when due, and any such provision for the 2545
transfer of those fees, receipts, and revenues shall be 2546
controlling notwithstanding any other provision of law pertaining 2547
to those fees, receipts, and revenues.2548

       (3) All moneys received by the treasurer of state on account 2549
of the board and required by the applicable bond proceedings or by 2550
separate agreement with the board to be deposited, transferred, or 2551
credited to the bond service fund or bond service reserve fund 2552
established by the bond proceedings shall be transferred by the 2553
treasurer of state to such fund, whether or not it is in the 2554
custody of the treasurer of state, without necessity for further 2555
appropriation, upon receipt of notice from the Ohio building 2556
authority as prescribed in the bond proceedings.2557

       (G) All fees, receipts, and revenues received by the board 2558
from the state underground parking garage shall be deposited into 2559
the state treasury to the credit of the underground parking garage 2560
operating fund, which is hereby created, to be used for the 2561
purposes specified in division (F) of this section and for the 2562
operation and maintenance of the garage. All investment earnings 2563
of the fund shall be credited to the fund.2564

       (H) All donations received by the board shall be deposited 2565
into the state treasury to the credit of the capitol square 2566
renovation gift fund, which is hereby created. The fund shall be 2567
used by the board as follows:2568

       (1) To provide part or all of the funding related to 2569
construction, goods, or services for the renovation of the capitol 2570
square;2571

       (2) To purchase art, antiques, and artifacts for display at 2572
the capitol square;2573

       (3) To award contracts or make grants to organizations for 2574
educating the public regarding the historical background and 2575
governmental functions of the capitol square. Chapters 125., 127., 2576
and 153. and section 3517.13 of the Revised Code do not apply to 2577
purchases made exclusively from the fund, notwithstanding anything 2578
to the contrary in those chapters or that section. All investment 2579
earnings of the fund shall be credited to the fund.2580

       (I) Except as provided in divisions (G), (H), and (J) of this 2581
section, all fees, receipts, and revenues received by the board 2582
shall be deposited into the state treasury to the credit of the 2583
sale of goods and services fund, which is hereby created. Money 2584
credited to the fund shall be used solely to pay costs of the 2585
board other than those specified in divisions (F) and (G) of this 2586
section. All investment earnings of the fund shall be credited to 2587
the fund.2588

       (J) There is hereby created in the state treasury the capitol 2589
square improvement fund, to be used by the board to pay 2590
construction, renovation, and other costs related to the capitol 2591
square for which money is not otherwise available to the board. 2592
Whenever the board determines that there is a need to incur those 2593
costs and that the unencumbered, unobligated balance to the credit 2594
of the underground parking garage operating fund exceeds the 2595
amount needed for the purposes specified in division (F) of this 2596
section and for the operation and maintenance of the garage, the 2597
board may request the director of budget and management to 2598
transfer from the underground parking garage operating fund to the 2599
capitol square improvement fund the amount needed to pay such 2600
construction, renovation, or other costs. The director then shall 2601
transfer the amount needed from the excess balance of the 2602
underground parking garage operating fund.2603

       (K) As the operation and maintenance of the capitol square 2604
constitute essential government functions of a public purpose, the 2605
board shall not be required to pay taxes or assessments upon the 2606
square, upon any property acquired or used by the board under this 2607
section, or upon any income generated by the operation of the 2608
square.2609

       (L) As used in this section, "capitol square" means the 2610
capitol building, senate building, capitol atrium, capitol 2611
grounds, the state underground parking garage, and the warehouse 2612
owned by the board.2613

       (M) The capitol annex shall be known as the senate building.2614

       Sec. 107.09.  Immediately after the determination of each 2615
decennial apportionment for members of the general assembly the 2616
governor shall cause such apportionment to be published for four 2617
consecutive weeks, or as provided in section 7.16 of the Revised 2618
Code, in three newspapers, one in Cincinnati, one in Cleveland, 2619
and one in Columbus.2620

       Sec. 109.02.  The attorney general is the chief law officer 2621
for the state and all its departments and shall be provided with 2622
adequate office space in Columbus. Except as provided in division 2623
(E) of section 120.06 and in sections 9.05, 3517.152 to 3517.157, 2624
and 3521.04 of the Revised Code, no state officer or board, or 2625
head of a department or institution of the state shall employ, or 2626
be represented by, other counsel or attorneys at law. The attorney 2627
general shall appear for the state in the trial and argument of 2628
all civil and criminal causes in the supreme court in which the 2629
state is directly or indirectly interested. When required by the 2630
governor or the general assembly, the attorney general shall 2631
appear for the state in any court or tribunal in a cause in which 2632
the state is a party, or in which the state is directly 2633
interested. Upon the written request of the governor, the attorney 2634
general shall prosecute any person indicted for a crime.2635

       Sec. 109.36.  As used in this section and sections 109.361 to 2636
109.366 of the Revised Code:2637

       (A)(1) "Officer or employee" means any of the following:2638

       (a) A person who, at the time a cause of action against the 2639
person arises, is serving in an elected or appointed office or 2640
position with the state or is employed by the state.2641

       (b) A person that, at the time a cause of action against the 2642
person, partnership, or corporation arises, is rendering medical, 2643
nursing, dental, podiatric, optometric, physical therapeutic, 2644
psychiatric, or psychological services pursuant to a personal 2645
services contract or purchased service contract with a department, 2646
agency, or institution of the state.2647

       (c) A person that, at the time a cause of action against the 2648
person, partnership, or corporation arises, is rendering peer 2649
review, utilization review, or drug utilization review services in 2650
relation to medical, nursing, dental, podiatric, optometric, 2651
physical therapeutic, psychiatric, or psychological services 2652
pursuant to a personal services contract or purchased service 2653
contract with a department, agency, or institution of the state.2654

       (d) A person who, at the time a cause of action against the 2655
person arises, is rendering medical, nursing, dental, podiatric, 2656
optometric, physical therapeutic, psychiatric, or psychological2657
services to patients in a state institution operated by the 2658
department of mental health, is a member of the institution's 2659
staff, and is performing the services pursuant to an agreement 2660
between the state institution and a board of alcohol, drug 2661
addiction, and mental health services described in section 340.021 2662
of the Revised Codewith the department.2663

       (2) "Officer or employee" does not include any person 2664
elected, appointed, or employed by any political subdivision of 2665
the state.2666

       (B) "State" means the state of Ohio, including but not 2667
limited to, the general assembly, the supreme court, courts of 2668
appeals, the offices of all elected state officers, and all 2669
departments, boards, offices, commissions, agencies, institutions, 2670
and other instrumentalities of the state of Ohio. "State" does not 2671
include political subdivisions.2672

       (C) "Political subdivisions" of the state means municipal 2673
corporations, townships, counties, school districts, and all other 2674
bodies corporate and politic responsible for governmental 2675
activities only in geographical areas smaller than that of the 2676
state.2677

       (D) "Employer" means the general assembly, the supreme court, 2678
courts of appeals, any office of an elected state officer, or any 2679
department, board, office, commission, agency, institution, or 2680
other instrumentality of the state of Ohio that employs or 2681
contracts with an officer or employee or to which an officer or 2682
employee is elected or appointed.2683

       Sec. 109.42.  (A) The attorney general shall prepare and have 2684
printed a pamphlet that contains a compilation of all statutes 2685
relative to victim's rights in which the attorney general lists 2686
and explains the statutes in the form of a victim's bill of 2687
rights. The attorney general shall distribute the pamphlet to all 2688
sheriffs, marshals, municipal corporation and township police 2689
departments, constables, and other law enforcement agencies, to 2690
all prosecuting attorneys, city directors of law, village 2691
solicitors, and other similar chief legal officers of municipal 2692
corporations, and to organizations that represent or provide 2693
services for victims of crime. The victim's bill of rights set 2694
forth in the pamphlet shall contain a description of all of the 2695
rights of victims that are provided for in Chapter 2930. or in any 2696
other section of the Revised Code and shall include, but not be 2697
limited to, all of the following:2698

       (1) The right of a victim or a victim's representative to 2699
attend a proceeding before a grand jury, in a juvenile case, or in 2700
a criminal case pursuant to a subpoena without being discharged 2701
from the victim's or representative's employment, having the 2702
victim's or representative's employment terminated, having the 2703
victim's or representative's pay decreased or withheld, or 2704
otherwise being punished, penalized, or threatened as a result of 2705
time lost from regular employment because of the victim's or 2706
representative's attendance at the proceeding pursuant to the 2707
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2708
2945.451 of the Revised Code;2709

       (2) The potential availability pursuant to section 2151.359 2710
or 2152.61 of the Revised Code of a forfeited recognizance to pay 2711
damages caused by a child when the delinquency of the child or 2712
child's violation of probation or community control is found to be 2713
proximately caused by the failure of the child's parent or 2714
guardian to subject the child to reasonable parental authority or 2715
to faithfully discharge the conditions of probation or community 2716
control;2717

       (3) The availability of awards of reparations pursuant to 2718
sections 2743.51 to 2743.72 of the Revised Code for injuries 2719
caused by criminal offenses;2720

       (4) The right of the victim in certain criminal or juvenile 2721
cases or a victim's representative to receive, pursuant to section 2722
2930.06 of the Revised Code, notice of the date, time, and place 2723
of the trial or delinquency proceeding in the case or, if there 2724
will not be a trial or delinquency proceeding, information from 2725
the prosecutor, as defined in section 2930.01 of the Revised Code, 2726
regarding the disposition of the case;2727

       (5) The right of the victim in certain criminal or juvenile 2728
cases or a victim's representative to receive, pursuant to section 2729
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 2730
name of the person charged with the violation, the case or docket 2731
number assigned to the charge, and a telephone number or numbers 2732
that can be called to obtain information about the disposition of 2733
the case;2734

       (6) The right of the victim in certain criminal or juvenile 2735
cases or of the victim's representative pursuant to section 2736
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 2737
terms set by the court as authorized under section 2930.14 of the 2738
Revised Code, to make a statement about the victimization and, if 2739
applicable, a statement relative to the sentencing or disposition 2740
of the offender;2741

       (7) The opportunity to obtain a court order, pursuant to 2742
section 2945.04 of the Revised Code, to prevent or stop the 2743
commission of the offense of intimidation of a crime victim or 2744
witness or an offense against the person or property of the 2745
complainant, or of the complainant's ward or child;2746

       (8) The right of the victim in certain criminal or juvenile 2747
cases or a victim's representative pursuant to sections 2151.38, 2748
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 2749
receive notice of a pending motion for judicial release or other2750
early release of the person who committed the offense against the 2751
victim, to make an oral or written statement at the court hearing 2752
on the motion, and to be notified of the court's decision on the 2753
motion, and the right of the victim or representative to receive a 2754
copy of any petition for release of the person submitted to a 2755
court under section 2967.19 of the Revised Code, to provide the 2756
court with written information relevant to the petition, and to be 2757
notified of the court's ruling on the petition;2758

       (9) The right of the victim in certain criminal or juvenile 2759
cases or a victim's representative pursuant to section 2930.16, 2760
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 2761
of any pending commutation, pardon, parole, transitional control, 2762
discharge, other form of authorized release, post-release control, 2763
or supervised release for the person who committed the offense 2764
against the victim or any application for release of that person 2765
and to send a written statement relative to the victimization and 2766
the pending action to the adult parole authority or the release 2767
authority of the department of youth services;2768

       (10) The right of the victim to bring a civil action pursuant 2769
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 2770
from the offender's profit fund;2771

       (11) The right, pursuant to section 3109.09 of the Revised 2772
Code, to maintain a civil action to recover compensatory damages 2773
not exceeding ten thousand dollars and costs from the parent of a 2774
minor who willfully damages property through the commission of an 2775
act that would be a theft offense, as defined in section 2913.01 2776
of the Revised Code, if committed by an adult;2777

       (12) The right, pursuant to section 3109.10 of the Revised 2778
Code, to maintain a civil action to recover compensatory damages 2779
not exceeding ten thousand dollars and costs from the parent of a 2780
minor who willfully and maliciously assaults a person;2781

       (13) The possibility of receiving restitution from an 2782
offender or a delinquent child pursuant to section 2152.20, 2783
2929.18, or 2929.28 of the Revised Code;2784

       (14) The right of the victim in certain criminal or juvenile 2785
cases or a victim's representative, pursuant to section 2930.16 of 2786
the Revised Code, to receive notice of the escape from confinement 2787
or custody of the person who committed the offense, to receive 2788
that notice from the custodial agency of the person at the 2789
victim's last address or telephone number provided to the 2790
custodial agency, and to receive notice that, if either the 2791
victim's address or telephone number changes, it is in the 2792
victim's interest to provide the new address or telephone number 2793
to the custodial agency;2794

       (15) The right of a victim of domestic violence to seek the 2795
issuance of a civil protection order pursuant to section 3113.31 2796
of the Revised Code, the right of a victim of a violation of 2797
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 2798
of the Revised Code, a violation of a substantially similar 2799
municipal ordinance, or an offense of violence who is a family or 2800
household member of the offender at the time of the offense to 2801
seek the issuance of a temporary protection order pursuant to 2802
section 2919.26 of the Revised Code, and the right of both types 2803
of victims to be accompanied by a victim advocate during court 2804
proceedings;2805

       (16) The right of a victim of a sexually oriented offense or 2806
of a child-victim oriented offense that is committed by a person 2807
who is convicted of, pleads guilty to, or is adjudicated a 2808
delinquent child for committing the offense and who is in a 2809
category specified in division (B) of section 2950.10 of the 2810
Revised Code to receive, pursuant to that section, notice that the 2811
person has registered with a sheriff under section 2950.04, 2812
2950.041, or 2950.05 of the Revised Code and notice of the 2813
person's name, the person's residence that is registered, and the 2814
offender's school, institution of higher education, or place of 2815
employment address or addresses that are registered, the person's 2816
photograph, and a summary of the manner in which the victim must 2817
make a request to receive the notice. As used in this division, 2818
"sexually oriented offense" and "child-victim oriented offense" 2819
have the same meanings as in section 2950.01 of the Revised Code.2820

       (17) The right of a victim of certain sexually violent 2821
offenses committed by an offender who also is convicted of or 2822
pleads guilty to a sexually violent predator specification and who 2823
is sentenced to a prison term pursuant to division (A)(3) of 2824
section 2971.03 of the Revised Code, of a victim of a violation of 2825
division (A)(1)(b) of section 2907.02 of the Revised Code 2826
committed on or after January 2, 2007, by an offender who is 2827
sentenced for the violation pursuant to division (B)(1)(a), (b), 2828
or (c) of section 2971.03 of the Revised Code, of a victim of an 2829
attempted rape committed on or after January 2, 2007, by an 2830
offender who also is convicted of or pleads guilty to a 2831
specification of the type described in section 2941.1418, 2832
2941.1419, or 2941.1420 of the Revised Code and is sentenced for 2833
the violation pursuant to division (B)(2)(a), (b), or (c) of 2834
section 2971.03 of the Revised Code, and of a victim of an offense 2835
that is described in division (B)(3)(a), (b), (c), or (d) of 2836
section 2971.03 of the Revised Code and is committed by an 2837
offender who is sentenced pursuant to one of those divisions to 2838
receive, pursuant to section 2930.16 of the Revised Code, notice 2839
of a hearing to determine whether to modify the requirement that 2840
the offender serve the entire prison term in a state correctional 2841
facility, whether to continue, revise, or revoke any existing 2842
modification of that requirement, or whether to terminate the 2843
prison term. As used in this division, "sexually violent offense" 2844
and "sexually violent predator specification" have the same 2845
meanings as in section 2971.01 of the Revised Code.2846

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 2847
prosecuting attorney, assistant prosecuting attorney, city 2848
director of law, assistant city director of law, village 2849
solicitor, assistant village solicitor, or similar chief legal 2850
officer of a municipal corporation or an assistant of any of those 2851
officers who prosecutes an offense committed in this state, upon 2852
first contact with the victim of the offense, the victim's family, 2853
or the victim's dependents, shall give the victim, the victim's 2854
family, or the victim's dependents a copy of the pamphlet prepared 2855
pursuant to division (A) of this section and explain, upon 2856
request, the information in the pamphlet to the victim, the 2857
victim's family, or the victim's dependents.2858

       (b) Subject to division (B)(1)(c) of this section, a law 2859
enforcement agency that investigates an offense or delinquent act 2860
committed in this state shall give the victim of the offense or 2861
delinquent act, the victim's family, or the victim's dependents a 2862
copy of the pamphlet prepared pursuant to division (A) of this 2863
section at one of the following times:2864

       (i) Upon first contact with the victim, the victim's family, 2865
or the victim's dependents;2866

       (ii) If the offense or delinquent act is an offense of 2867
violence, if the circumstances of the offense or delinquent act 2868
and the condition of the victim, the victim's family, or the 2869
victim's dependents indicate that the victim, the victim's family, 2870
or the victim's dependents will not be able to understand the 2871
significance of the pamphlet upon first contact with the agency, 2872
and if the agency anticipates that it will have an additional 2873
contact with the victim, the victim's family, or the victim's 2874
dependents, upon the agency's second contact with the victim, the 2875
victim's family, or the victim's dependents.2876

       If the agency does not give the victim, the victim's family, 2877
or the victim's dependents a copy of the pamphlet upon first 2878
contact with them and does not have a second contact with the 2879
victim, the victim's family, or the victim's dependents, the 2880
agency shall mail a copy of the pamphlet to the victim, the 2881
victim's family, or the victim's dependents at their last known 2882
address.2883

       (c) In complying on and after December 9, 1994, with the 2884
duties imposed by division (B)(1)(a) or (b) of this section, an 2885
official or a law enforcement agency shall use copies of the 2886
pamphlet that are in the official's or agency's possession on 2887
December 9, 1994, until the official or agency has distributed all 2888
of those copies. After the official or agency has distributed all 2889
of those copies, the official or agency shall use only copies of 2890
the pamphlet that contain at least the information described in 2891
divisions (A)(1) to (17) of this section.2892

       (2) The failure of a law enforcement agency or of a 2893
prosecuting attorney, assistant prosecuting attorney, city 2894
director of law, assistant city director of law, village 2895
solicitor, assistant village solicitor, or similar chief legal 2896
officer of a municipal corporation or an assistant to any of those 2897
officers to give, as required by division (B)(1) of this section, 2898
the victim of an offense or delinquent act, the victim's family, 2899
or the victim's dependents a copy of the pamphlet prepared 2900
pursuant to division (A) of this section does not give the victim, 2901
the victim's family, the victim's dependents, or a victim's 2902
representative any rights under section 2743.51 to 2743.72, 2903
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 2904
Revised Code or under any other provision of the Revised Code and 2905
does not affect any right under those sections.2906

       (3) A law enforcement agency, a prosecuting attorney or 2907
assistant prosecuting attorney, or a city director of law, 2908
assistant city director of law, village solicitor, assistant 2909
village solicitor, or similar chief legal officer of a municipal 2910
corporation that distributes a copy of the pamphlet prepared 2911
pursuant to division (A) of this section shall not be required to 2912
distribute a copy of an information card or other printed material 2913
provided by the clerk of the court of claims pursuant to section 2914
2743.71 of the Revised Code.2915

       (C) The cost of printing and distributing the pamphlet 2916
prepared pursuant to division (A) of this section shall be paid 2917
out of the reparations fund, created pursuant to section 2743.191 2918
of the Revised Code, in accordance with division (D) of that 2919
section.2920

       (D) As used in this section:2921

       (1) "Victim's representative" has the same meaning as in 2922
section 2930.01 of the Revised Code;2923

       (2) "Victim advocate" has the same meaning as in section 2924
2919.26 of the Revised Code.2925

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 2926
criminal identification and investigation shall procure from 2927
wherever procurable and file for record photographs, pictures, 2928
descriptions, fingerprints, measurements, and other information 2929
that may be pertinent of all persons who have been convicted of 2930
committing within this state a felony, any crime constituting a 2931
misdemeanor on the first offense and a felony on subsequent 2932
offenses, or any misdemeanor described in division (A)(1)(a), 2933
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 2934
of all children under eighteen years of age who have been 2935
adjudicated delinquent children for committing within this state 2936
an act that would be a felony or an offense of violence if 2937
committed by an adult or who have been convicted of or pleaded 2938
guilty to committing within this state a felony or an offense of 2939
violence, and of all well-known and habitual criminals. The person 2940
in charge of any county, multicounty, municipal, municipal-county, 2941
or multicounty-municipal jail or workhouse, community-based 2942
correctional facility, halfway house, alternative residential 2943
facility, or state correctional institution and the person in 2944
charge of any state institution having custody of a person 2945
suspected of having committed a felony, any crime constituting a 2946
misdemeanor on the first offense and a felony on subsequent 2947
offenses, or any misdemeanor described in division (A)(1)(a), 2948
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 2949
having custody of a child under eighteen years of age with respect 2950
to whom there is probable cause to believe that the child may have 2951
committed an act that would be a felony or an offense of violence 2952
if committed by an adult shall furnish such material to the 2953
superintendent of the bureau. Fingerprints, photographs, or other 2954
descriptive information of a child who is under eighteen years of 2955
age, has not been arrested or otherwise taken into custody for 2956
committing an act that would be a felony or an offense of violence 2957
who is not in any other category of child specified in this 2958
division, if committed by an adult, has not been adjudicated a 2959
delinquent child for committing an act that would be a felony or 2960
an offense of violence if committed by an adult, has not been 2961
convicted of or pleaded guilty to committing a felony or an 2962
offense of violence, and is not a child with respect to whom 2963
there is probable cause to believe that the child may have 2964
committed an act that would be a felony or an offense of violence 2965
if committed by an adult shall not be procured by the 2966
superintendent or furnished by any person in charge of any county, 2967
multicounty, municipal, municipal-county, or multicounty-municipal 2968
jail or workhouse, community-based correctional facility, halfway 2969
house, alternative residential facility, or state correctional 2970
institution, except as authorized in section 2151.313 of the 2971
Revised Code. 2972

       (2) Every clerk of a court of record in this state, other 2973
than the supreme court or a court of appeals, shall send to the 2974
superintendent of the bureau a weekly report containing a summary 2975
of each case involving a felony, involving any crime constituting 2976
a misdemeanor on the first offense and a felony on subsequent 2977
offenses, involving a misdemeanor described in division (A)(1)(a), 2978
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 2979
or involving an adjudication in a case in which a child under 2980
eighteen years of age was alleged to be a delinquent child for 2981
committing an act that would be a felony or an offense of violence 2982
if committed by an adult. The clerk of the court of common pleas 2983
shall include in the report and summary the clerk sends under this 2984
division all information described in divisions (A)(2)(a) to (f) 2985
of this section regarding a case before the court of appeals that 2986
is served by that clerk. The summary shall be written on the 2987
standard forms furnished by the superintendent pursuant to 2988
division (B) of this section and shall include the following 2989
information: 2990

       (a) The incident tracking number contained on the standard 2991
forms furnished by the superintendent pursuant to division (B) of 2992
this section; 2993

       (b) The style and number of the case; 2994

       (c) The date of arrest, offense, summons, or arraignment; 2995

       (d) The date that the person was convicted of or pleaded 2996
guilty to the offense, adjudicated a delinquent child for 2997
committing the act that would be a felony or an offense of 2998
violence if committed by an adult, found not guilty of the 2999
offense, or found not to be a delinquent child for committing an 3000
act that would be a felony or an offense of violence if committed 3001
by an adult, the date of an entry dismissing the charge, an entry 3002
declaring a mistrial of the offense in which the person is 3003
discharged, an entry finding that the person or child is not 3004
competent to stand trial, or an entry of a nolle prosequi, or the 3005
date of any other determination that constitutes final resolution 3006
of the case; 3007

       (e) A statement of the original charge with the section of 3008
the Revised Code that was alleged to be violated; 3009

       (f) If the person or child was convicted, pleaded guilty, or 3010
was adjudicated a delinquent child, the sentence or terms of 3011
probation imposed or any other disposition of the offender or the 3012
delinquent child. 3013

       If the offense involved the disarming of a law enforcement 3014
officer or an attempt to disarm a law enforcement officer, the 3015
clerk shall clearly state that fact in the summary, and the 3016
superintendent shall ensure that a clear statement of that fact is 3017
placed in the bureau's records. 3018

       (3) The superintendent shall cooperate with and assist 3019
sheriffs, chiefs of police, and other law enforcement officers in 3020
the establishment of a complete system of criminal identification 3021
and in obtaining fingerprints and other means of identification of 3022
all persons arrested on a charge of a felony, any crime 3023
constituting a misdemeanor on the first offense and a felony on 3024
subsequent offenses, or a misdemeanor described in division 3025
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 3026
Revised Code and of all children under eighteen years of age 3027
arrested or otherwise taken into custody for committing an act 3028
that would be a felony or an offense of violence if committed by 3029
an adult. The superintendent also shall file for record the 3030
fingerprint impressions of all persons confined in a county, 3031
multicounty, municipal, municipal-county, or multicounty-municipal 3032
jail or workhouse, community-based correctional facility, halfway 3033
house, alternative residential facility, or state correctional 3034
institution for the violation of state laws and of all children 3035
under eighteen years of age who are confined in a county, 3036
multicounty, municipal, municipal-county, or multicounty-municipal 3037
jail or workhouse, community-based correctional facility, halfway 3038
house, alternative residential facility, or state correctional 3039
institution or in any facility for delinquent children for 3040
committing an act that would be a felony or an offense of violence 3041
if committed by an adult, and any other information that the 3042
superintendent may receive from law enforcement officials of the 3043
state and its political subdivisions. 3044

       (4) The superintendent shall carry out Chapter 2950. of the 3045
Revised Code with respect to the registration of persons who are 3046
convicted of or plead guilty to a sexually oriented offense or a 3047
child-victim oriented offense and with respect to all other duties 3048
imposed on the bureau under that chapter. 3049

       (5) The bureau shall perform centralized recordkeeping 3050
functions for criminal history records and services in this state 3051
for purposes of the national crime prevention and privacy compact 3052
set forth in section 109.571 of the Revised Code and is the 3053
criminal history record repository as defined in that section for 3054
purposes of that compact. The superintendent or the 3055
superintendent's designee is the compact officer for purposes of 3056
that compact and shall carry out the responsibilities of the 3057
compact officer specified in that compact. 3058

       (B) The superintendent shall prepare and furnish to every 3059
county, multicounty, municipal, municipal-county, or 3060
multicounty-municipal jail or workhouse, community-based 3061
correctional facility, halfway house, alternative residential 3062
facility, or state correctional institution and to every clerk of 3063
a court in this state specified in division (A)(2) of this section 3064
standard forms for reporting the information required under 3065
division (A) of this section. The standard forms that the 3066
superintendent prepares pursuant to this division may be in a 3067
tangible format, in an electronic format, or in both tangible 3068
formats and electronic formats. 3069

       (C)(1) The superintendent may operate a center for 3070
electronic, automated, or other data processing for the storage 3071
and retrieval of information, data, and statistics pertaining to 3072
criminals and to children under eighteen years of age who are 3073
adjudicated delinquent children for committing an act that would 3074
be a felony or an offense of violence if committed by an adult, 3075
criminal activity, crime prevention, law enforcement, and criminal 3076
justice, and may establish and operate a statewide communications 3077
network to be known as the Ohio law enforcement gateway to gather 3078
and disseminate information, data, and statistics for the use of 3079
law enforcement agencies and for other uses specified in this 3080
division. The superintendent may gather, store, retrieve, and 3081
disseminate information, data, and statistics that pertain to 3082
children who are under eighteen years of age and that are gathered 3083
pursuant to sections 109.57 to 109.61 of the Revised Code together 3084
with information, data, and statistics that pertain to adults and 3085
that are gathered pursuant to those sections. 3086

       (2) The superintendent or the superintendent's designee shall 3087
gather information of the nature described in division (C)(1) of 3088
this section that pertains to the offense and delinquency history 3089
of a person who has been convicted of, pleaded guilty to, or been 3090
adjudicated a delinquent child for committing a sexually oriented 3091
offense or a child-victim oriented offense for inclusion in the 3092
state registry of sex offenders and child-victim offenders 3093
maintained pursuant to division (A)(1) of section 2950.13 of the 3094
Revised Code and in the internet database operated pursuant to 3095
division (A)(13) of that section and for possible inclusion in the 3096
internet database operated pursuant to division (A)(11) of that 3097
section. 3098

        (3) In addition to any other authorized use of information, 3099
data, and statistics of the nature described in division (C)(1) of 3100
this section, the superintendent or the superintendent's designee 3101
may provide and exchange the information, data, and statistics 3102
pursuant to the national crime prevention and privacy compact as 3103
described in division (A)(5) of this section. 3104

       (4) The attorney general may adopt rules under Chapter 119. 3105
of the Revised Code establishing guidelines for the operation of 3106
and participation in the Ohio law enforcement gateway. The rules 3107
may include criteria for granting and restricting access to 3108
information gathered and disseminated through the Ohio law 3109
enforcement gateway. The attorney general may appoint a steering 3110
committee to advise the attorney general in the operation of the 3111
Ohio law enforcement gateway that is comprised of persons who are 3112
representatives of the criminal justice agencies in this state 3113
that use the Ohio law enforcement gateway and is chaired by the 3114
superintendent or the superintendent's designee.3115

       (D)(1) The following are not public records under section 3116
149.43 of the Revised Code:3117

       (a) Information and materials furnished to the superintendent 3118
pursuant to division (A) of this section;3119

       (b) Information, data, and statistics gathered or 3120
disseminated through the Ohio law enforcement gateway pursuant to 3121
division (C)(1) of this section;3122

       (c) Information and materials furnished to any board or 3123
person under division (F) or (G) of this section.3124

       (2) The superintendent or the superintendent's designee shall 3125
gather and retain information so furnished under division (A) of 3126
this section that pertains to the offense and delinquency history 3127
of a person who has been convicted of, pleaded guilty to, or been 3128
adjudicated a delinquent child for committing a sexually oriented 3129
offense or a child-victim oriented offense for the purposes 3130
described in division (C)(2) of this section. 3131

       (E) The attorney general shall adopt rules, in accordance 3132
with Chapter 119. of the Revised Code, setting forth the procedure 3133
by which a person may receive or release information gathered by 3134
the superintendent pursuant to division (A) of this section. A 3135
reasonable fee may be charged for this service. If a temporary 3136
employment service submits a request for a determination of 3137
whether a person the service plans to refer to an employment 3138
position has been convicted of or pleaded guilty to an offense 3139
listed in division (A)(1), (3), (4), (5), or (6) of section 3140
109.572 of the Revised Code, the request shall be treated as a 3141
single request and only one fee shall be charged. 3142

       (F)(1) As used in division (F)(2) of this section, "head 3143
start agency" means an entity in this state that has been approved 3144
to be an agency for purposes of subchapter II of the "Community 3145
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 3146
as amended. 3147

       (2)(a) In addition to or in conjunction with any request that 3148
is required to be made under section 109.572, 2151.86, 3301.32, 3149
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 3150
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 3151
Code or that is made under section 3314.41, 3319.392, or 3326.25, 3152
or 3328.20 of the Revised Code, the board of education of any 3153
school district; the director of developmental disabilities; any 3154
county board of developmental disabilities; any entity under 3155
contract with a county board of developmental disabilities; the 3156
chief administrator of any chartered nonpublic school; the chief 3157
administrator of any home health agency; the chief administrator 3158
of or person operating any child day-care center, type A family 3159
day-care home, or type B family day-care home licensed or 3160
certified under Chapter 5104. of the Revised Code; the 3161
administrator of any type C family day-care home certified 3162
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 3163
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 3164
assembly; the chief administrator of any head start agency; the 3165
executive director of a public children services agency; a private 3166
company described in section 3314.41, 3319.392, or 3326.25, or 3167
3328.20 of the Revised Code; or an employer described in division 3168
(J)(2) of section 3327.10 of the Revised Code may request that the 3169
superintendent of the bureau investigate and determine, with 3170
respect to any individual who has applied for employment in any 3171
position after October 2, 1989, or any individual wishing to apply 3172
for employment with a board of education may request, with regard 3173
to the individual, whether the bureau has any information gathered 3174
under division (A) of this section that pertains to that 3175
individual. On receipt of the request, the superintendent shall 3176
determine whether that information exists and, upon request of the 3177
person, board, or entity requesting information, also shall 3178
request from the federal bureau of investigation any criminal 3179
records it has pertaining to that individual. The superintendent 3180
or the superintendent's designee also may request criminal history 3181
records from other states or the federal government pursuant to 3182
the national crime prevention and privacy compact set forth in 3183
section 109.571 of the Revised Code. Within thirty days of the 3184
date that the superintendent receives a request, the 3185
superintendent shall send to the board, entity, or person a report 3186
of any information that the superintendent determines exists, 3187
including information contained in records that have been sealed 3188
under section 2953.32 of the Revised Code, and, within thirty days 3189
of its receipt, shall send the board, entity, or person a report 3190
of any information received from the federal bureau of 3191
investigation, other than information the dissemination of which 3192
is prohibited by federal law. 3193

       (b) When a board of education is required to receive 3194
information under this section as a prerequisite to employment of 3195
an individual pursuant to section 3319.39 of the Revised Code, it 3196
may accept a certified copy of records that were issued by the 3197
bureau of criminal identification and investigation and that are 3198
presented by an individual applying for employment with the 3199
district in lieu of requesting that information itself. In such a 3200
case, the board shall accept the certified copy issued by the 3201
bureau in order to make a photocopy of it for that individual's 3202
employment application documents and shall return the certified 3203
copy to the individual. In a case of that nature, a district only 3204
shall accept a certified copy of records of that nature within one 3205
year after the date of their issuance by the bureau. 3206

       (c) Notwithstanding division (F)(2)(a) of this section, in 3207
the case of a request under section 3319.39, 3319.391, or 3327.10 3208
of the Revised Code only for criminal records maintained by the 3209
federal bureau of investigation, the superintendent shall not 3210
determine whether any information gathered under division (A) of 3211
this section exists on the person for whom the request is made.3212

       (3) The state board of education may request, with respect to 3213
any individual who has applied for employment after October 2, 3214
1989, in any position with the state board or the department of 3215
education, any information that a school district board of 3216
education is authorized to request under division (F)(2) of this 3217
section, and the superintendent of the bureau shall proceed as if 3218
the request has been received from a school district board of 3219
education under division (F)(2) of this section. 3220

       (4) When the superintendent of the bureau receives a request 3221
for information under section 3319.291 of the Revised Code, the 3222
superintendent shall proceed as if the request has been received 3223
from a school district board of education and shall comply with 3224
divisions (F)(2)(a) and (c) of this section. 3225

       (5) When a recipient of a classroom reading improvement grant 3226
paid under section 3301.86 of the Revised Code requests, with 3227
respect to any individual who applies to participate in providing 3228
any program or service funded in whole or in part by the grant, 3229
the information that a school district board of education is 3230
authorized to request under division (F)(2)(a) of this section, 3231
the superintendent of the bureau shall proceed as if the request 3232
has been received from a school district board of education under 3233
division (F)(2)(a) of this section. 3234

       (G) In addition to or in conjunction with any request that is 3235
required to be made under section 3701.881, 3712.09, 3721.121, or 3236
3722.1515119.85 of the Revised Code with respect to an individual 3237
who has applied for employment in a position that involves 3238
providing direct care to an older adult, the chief administrator 3239
of a home health agency, hospice care program, home licensed under 3240
Chapter 3721. of the Revised Code, adult day-care program operated 3241
pursuant to rules adopted under section 3721.04 of the Revised 3242
Code, or adult care facility may request that the superintendent 3243
of the bureau investigate and determine, with respect to any 3244
individual who has applied after January 27, 1997, for employment 3245
in a position that does not involve providing direct care to an 3246
older adult, whether the bureau has any information gathered under 3247
division (A) of this section that pertains to that individual. 3248

       In addition to or in conjunction with any request that is 3249
required to be made under section 173.27 of the Revised Code with 3250
respect to an individual who has applied for employment in a 3251
position that involves providing ombudsperson services to 3252
residents of long-term care facilities or recipients of 3253
community-based long-term care services, the state long-term care 3254
ombudsperson, ombudsperson's designee, or director of health may 3255
request that the superintendent investigate and determine, with 3256
respect to any individual who has applied for employment in a 3257
position that does not involve providing such ombudsperson 3258
services, whether the bureau has any information gathered under 3259
division (A) of this section that pertains to that applicant. 3260

       In addition to or in conjunction with any request that is 3261
required to be made under section 173.394 of the Revised Code with 3262
respect to an individual who has applied for employment in a 3263
position that involves providing direct care to an individual, the 3264
chief administrator of a community-based long-term care agency may 3265
request that the superintendent investigate and determine, with 3266
respect to any individual who has applied for employment in a 3267
position that does not involve providing direct care, whether the 3268
bureau has any information gathered under division (A) of this 3269
section that pertains to that applicant. 3270

       On receipt of a request under this division, the 3271
superintendent shall determine whether that information exists 3272
and, on request of the individual requesting information, shall 3273
also request from the federal bureau of investigation any criminal 3274
records it has pertaining to the applicant. The superintendent or 3275
the superintendent's designee also may request criminal history 3276
records from other states or the federal government pursuant to 3277
the national crime prevention and privacy compact set forth in 3278
section 109.571 of the Revised Code. Within thirty days of the 3279
date a request is received, the superintendent shall send to the 3280
requester a report of any information determined to exist, 3281
including information contained in records that have been sealed 3282
under section 2953.32 of the Revised Code, and, within thirty days 3283
of its receipt, shall send the requester a report of any 3284
information received from the federal bureau of investigation, 3285
other than information the dissemination of which is prohibited by 3286
federal law. 3287

       (H) Information obtained by a government entity or person 3288
under this section is confidential and shall not be released or 3289
disseminated. 3290

       (I) The superintendent may charge a reasonable fee for 3291
providing information or criminal records under division (F)(2) or 3292
(G) of this section. 3293

       (J) As used in this section, "sexually oriented offense" and 3294
"child-victim oriented offense" have the same meanings as in 3295
section 2950.01 of the Revised Code. 3296

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 3297
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 3298
a completed form prescribed pursuant to division (C)(1) of this 3299
section, and a set of fingerprint impressions obtained in the 3300
manner described in division (C)(2) of this section, the 3301
superintendent of the bureau of criminal identification and 3302
investigation shall conduct a criminal records check in the manner 3303
described in division (B) of this section to determine whether any 3304
information exists that indicates that the person who is the 3305
subject of the request previously has been convicted of or pleaded 3306
guilty to any of the following:3307

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3308
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3309
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3310
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3311
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 3312
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 3313
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 3314
2925.06, or 3716.11 of the Revised Code, felonious sexual 3315
penetration in violation of former section 2907.12 of the Revised 3316
Code, a violation of section 2905.04 of the Revised Code as it 3317
existed prior to July 1, 1996, a violation of section 2919.23 of 3318
the Revised Code that would have been a violation of section 3319
2905.04 of the Revised Code as it existed prior to July 1, 1996, 3320
had the violation been committed prior to that date, or a 3321
violation of section 2925.11 of the Revised Code that is not a 3322
minor drug possession offense;3323

       (b) A violation of an existing or former law of this state, 3324
any other state, or the United States that is substantially 3325
equivalent to any of the offenses listed in division (A)(1)(a) of 3326
this section.3327

       (2) On receipt of a request pursuant to section 5123.081 of 3328
the Revised Code with respect to an applicant for employment in 3329
any position with the department of developmental disabilities, 3330
pursuant to section 5126.28 of the Revised Code with respect to an 3331
applicant for employment in any position with a county board of 3332
developmental disabilities, or pursuant to section 5126.281 of the 3333
Revised Code with respect to an applicant for employment in a 3334
direct services position with an entity contracting with a county 3335
board for employment, a completed form prescribed pursuant to 3336
division (C)(1) of this section, and a set of fingerprint 3337
impressions obtained in the manner described in division (C)(2) of 3338
this section, the superintendent of the bureau of criminal 3339
identification and investigation shall conduct a criminal records 3340
check. The superintendent shall conduct the criminal records check 3341
in the manner described in division (B) of this section to 3342
determine whether any information exists that indicates that the 3343
person who is the subject of the request has been convicted of or 3344
pleaded guilty to any of the following:3345

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3346
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3347
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 3348
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 3349
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 3350
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 3351
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 3352
2925.03, or 3716.11 of the Revised Code;3353

       (b) An existing or former municipal ordinance or law of this 3354
state, any other state, or the United States that is substantially 3355
equivalent to any of the offenses listed in division (A)(2)(a) of 3356
this section.3357

       (3) On receipt of a request pursuant to section 173.27, 3358
173.394, 3712.09, 3721.121, or 3722.1515119.85 of the Revised 3359
Code, a completed form prescribed pursuant to division (C)(1) of 3360
this section, and a set of fingerprint impressions obtained in the 3361
manner described in division (C)(2) of this section, the 3362
superintendent of the bureau of criminal identification and 3363
investigation shall conduct a criminal records check with respect 3364
to any person who has applied for employment in a position for 3365
which a criminal records check is required by those sections. The 3366
superintendent shall conduct the criminal records check in the 3367
manner described in division (B) of this section to determine 3368
whether any information exists that indicates that the person who 3369
is the subject of the request previously has been convicted of or 3370
pleaded guilty to any of the following:3371

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3372
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3373
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 3374
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3375
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3376
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 3377
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3378
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3379
2925.22, 2925.23, or 3716.11 of the Revised Code;3380

       (b) An existing or former law of this state, any other state, 3381
or the United States that is substantially equivalent to any of 3382
the offenses listed in division (A)(3)(a) of this section.3383

       (4) On receipt of a request pursuant to section 3701.881 of 3384
the Revised Code with respect to an applicant for employment with 3385
a home health agency as a person responsible for the care, 3386
custody, or control of a child, a completed form prescribed 3387
pursuant to division (C)(1) of this section, and a set of 3388
fingerprint impressions obtained in the manner described in 3389
division (C)(2) of this section, the superintendent of the bureau 3390
of criminal identification and investigation shall conduct a 3391
criminal records check. The superintendent shall conduct the 3392
criminal records check in the manner described in division (B) of 3393
this section to determine whether any information exists that 3394
indicates that the person who is the subject of the request 3395
previously has been convicted of or pleaded guilty to any of the 3396
following:3397

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3398
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3399
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 3400
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 3401
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 3402
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 3403
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 3404
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 3405
violation of section 2925.11 of the Revised Code that is not a 3406
minor drug possession offense;3407

       (b) An existing or former law of this state, any other state, 3408
or the United States that is substantially equivalent to any of 3409
the offenses listed in division (A)(4)(a) of this section.3410

       (5) On receipt of a request pursuant to section 5111.032, 3411
5111.033, or 5111.034 of the Revised Code, a completed form 3412
prescribed pursuant to division (C)(1) of this section, and a set 3413
of fingerprint impressions obtained in the manner described in 3414
division (C)(2) of this section, the superintendent of the bureau 3415
of criminal identification and investigation shall conduct a 3416
criminal records check. The superintendent shall conduct the 3417
criminal records check in the manner described in division (B) of 3418
this section to determine whether any information exists that 3419
indicates that the person who is the subject of the request 3420
previously has been convicted of, has pleaded guilty to, or has 3421
been found eligible for intervention in lieu of conviction for any 3422
of the following, regardless of the date of the conviction, the 3423
date of entry of the guilty plea, or the date the person was found 3424
eligible for intervention in lieu of conviction:3425

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 3426
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 3427
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 3428
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 3429
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 3430
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 3431
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 3432
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 3433
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 3434
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 3435
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 3436
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 3437
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 3438
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 3439
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 3440
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual 3441
penetration in violation of former section 2907.12 of the Revised 3442
Code, a violation of section 2905.04 of the Revised Code as it 3443
existed prior to July 1, 1996, a violation of section 2919.23 of 3444
the Revised Code that would have been a violation of section 3445
2905.04 of the Revised Code as it existed prior to July 1, 1996, 3446
had the violation been committed prior to that date;3447

       (b) A violation of an existing or former municipal ordinance 3448
or law of this state, any other state, or the United States that 3449
is substantially equivalent to any of the offenses listed in 3450
division (A)(5)(a) of this section.3451

       (6) On receipt of a request pursuant to section 3701.881 of 3452
the Revised Code with respect to an applicant for employment with 3453
a home health agency in a position that involves providing direct 3454
care to an older adult, a completed form prescribed pursuant to 3455
division (C)(1) of this section, and a set of fingerprint 3456
impressions obtained in the manner described in division (C)(2) of 3457
this section, the superintendent of the bureau of criminal 3458
identification and investigation shall conduct a criminal records 3459
check. The superintendent shall conduct the criminal records check 3460
in the manner described in division (B) of this section to 3461
determine whether any information exists that indicates that the 3462
person who is the subject of the request previously has been 3463
convicted of or pleaded guilty to any of the following:3464

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3465
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3466
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 3467
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3468
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3469
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 3470
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3471
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3472
2925.22, 2925.23, or 3716.11 of the Revised Code;3473

       (b) An existing or former law of this state, any other state, 3474
or the United States that is substantially equivalent to any of 3475
the offenses listed in division (A)(6)(a) of this section.3476

       (7) When conducting a criminal records check upon a request 3477
pursuant to section 3319.39 of the Revised Code for an applicant 3478
who is a teacher, in addition to the determination made under 3479
division (A)(1) of this section, the superintendent shall 3480
determine whether any information exists that indicates that the 3481
person who is the subject of the request previously has been 3482
convicted of or pleaded guilty to any offense specified in section 3483
3319.31 of the Revised Code.3484

       (8) On receipt of a request pursuant to section 2151.86 of 3485
the Revised Code, a completed form prescribed pursuant to division 3486
(C)(1) of this section, and a set of fingerprint impressions 3487
obtained in the manner described in division (C)(2) of this 3488
section, the superintendent of the bureau of criminal 3489
identification and investigation shall conduct a criminal records 3490
check in the manner described in division (B) of this section to 3491
determine whether any information exists that indicates that the 3492
person who is the subject of the request previously has been 3493
convicted of or pleaded guilty to any of the following:3494

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 3495
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 3496
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 3497
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 3498
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 3499
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 3500
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 3501
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 3502
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 3503
of the Revised Code, a violation of section 2905.04 of the Revised 3504
Code as it existed prior to July 1, 1996, a violation of section 3505
2919.23 of the Revised Code that would have been a violation of 3506
section 2905.04 of the Revised Code as it existed prior to July 1, 3507
1996, had the violation been committed prior to that date, a 3508
violation of section 2925.11 of the Revised Code that is not a 3509
minor drug possession offense, two or more OVI or OVUAC violations 3510
committed within the three years immediately preceding the 3511
submission of the application or petition that is the basis of the 3512
request, or felonious sexual penetration in violation of former 3513
section 2907.12 of the Revised Code;3514

       (b) A violation of an existing or former law of this state, 3515
any other state, or the United States that is substantially 3516
equivalent to any of the offenses listed in division (A)(8)(a) of 3517
this section.3518

       (9) Upon receipt of a request pursuant to section 5104.012 or 3519
5104.013 of the Revised Code, a completed form prescribed pursuant 3520
to division (C)(1) of this section, and a set of fingerprint 3521
impressions obtained in the manner described in division (C)(2) of 3522
this section, the superintendent of the bureau of criminal 3523
identification and investigation shall conduct a criminal records 3524
check in the manner described in division (B) of this section to 3525
determine whether any information exists that indicates that the 3526
person who is the subject of the request has been convicted of or 3527
pleaded guilty to any of the following:3528

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3529
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 3530
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 3531
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 3532
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 3533
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 3534
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 3535
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 3536
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 3537
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 3538
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3539
3716.11 of the Revised Code, felonious sexual penetration in 3540
violation of former section 2907.12 of the Revised Code, a 3541
violation of section 2905.04 of the Revised Code as it existed 3542
prior to July 1, 1996, a violation of section 2919.23 of the 3543
Revised Code that would have been a violation of section 2905.04 3544
of the Revised Code as it existed prior to July 1, 1996, had the 3545
violation been committed prior to that date, a violation of 3546
section 2925.11 of the Revised Code that is not a minor drug 3547
possession offense, a violation of section 2923.02 or 2923.03 of 3548
the Revised Code that relates to a crime specified in this 3549
division, or a second violation of section 4511.19 of the Revised 3550
Code within five years of the date of application for licensure or 3551
certification.3552

       (b) A violation of an existing or former law of this state, 3553
any other state, or the United States that is substantially 3554
equivalent to any of the offenses or violations described in 3555
division (A)(9)(a) of this section.3556

       (10) Upon receipt of a request pursuant to section 5153.111 3557
of the Revised Code, a completed form prescribed pursuant to 3558
division (C)(1) of this section, and a set of fingerprint 3559
impressions obtained in the manner described in division (C)(2) of 3560
this section, the superintendent of the bureau of criminal 3561
identification and investigation shall conduct a criminal records 3562
check in the manner described in division (B) of this section to 3563
determine whether any information exists that indicates that the 3564
person who is the subject of the request previously has been 3565
convicted of or pleaded guilty to any of the following:3566

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3567
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3568
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3569
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3570
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 3571
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 3572
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 3573
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 3574
felonious sexual penetration in violation of former section 3575
2907.12 of the Revised Code, a violation of section 2905.04 of the 3576
Revised Code as it existed prior to July 1, 1996, a violation of 3577
section 2919.23 of the Revised Code that would have been a 3578
violation of section 2905.04 of the Revised Code as it existed 3579
prior to July 1, 1996, had the violation been committed prior to 3580
that date, or a violation of section 2925.11 of the Revised Code 3581
that is not a minor drug possession offense;3582

       (b) A violation of an existing or former law of this state, 3583
any other state, or the United States that is substantially 3584
equivalent to any of the offenses listed in division (A)(10)(a) of 3585
this section.3586

       (11) On receipt of a request for a criminal records check 3587
from an individual pursuant to section 4749.03 or 4749.06 of the 3588
Revised Code, accompanied by a completed copy of the form 3589
prescribed in division (C)(1) of this section and a set of 3590
fingerprint impressions obtained in a manner described in division 3591
(C)(2) of this section, the superintendent of the bureau of 3592
criminal identification and investigation shall conduct a criminal 3593
records check in the manner described in division (B) of this 3594
section to determine whether any information exists indicating 3595
that the person who is the subject of the request has been 3596
convicted of or pleaded guilty to a felony in this state or in any 3597
other state. If the individual indicates that a firearm will be 3598
carried in the course of business, the superintendent shall 3599
require information from the federal bureau of investigation as 3600
described in division (B)(2) of this section. The superintendent 3601
shall report the findings of the criminal records check and any 3602
information the federal bureau of investigation provides to the 3603
director of public safety.3604

       (12) On receipt of a request pursuant to section 1321.37, 3605
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 3606
Code, a completed form prescribed pursuant to division (C)(1) of 3607
this section, and a set of fingerprint impressions obtained in the 3608
manner described in division (C)(2) of this section, the 3609
superintendent of the bureau of criminal identification and 3610
investigation shall conduct a criminal records check with respect 3611
to any person who has applied for a license, permit, or 3612
certification from the department of commerce or a division in the 3613
department. The superintendent shall conduct the criminal records 3614
check in the manner described in division (B) of this section to 3615
determine whether any information exists that indicates that the 3616
person who is the subject of the request previously has been 3617
convicted of or pleaded guilty to any of the following: a 3618
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 3619
2925.03 of the Revised Code; any other criminal offense involving 3620
theft, receiving stolen property, embezzlement, forgery, fraud, 3621
passing bad checks, money laundering, or drug trafficking, or any 3622
criminal offense involving money or securities, as set forth in 3623
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 3624
the Revised Code; or any existing or former law of this state, any 3625
other state, or the United States that is substantially equivalent 3626
to those offenses.3627

       (13) On receipt of a request for a criminal records check 3628
from the treasurer of state under section 113.041 of the Revised 3629
Code or from an individual under section 4701.08, 4715.101, 3630
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 3631
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 3632
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 3633
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 3634
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by 3635
a completed form prescribed under division (C)(1) of this section 3636
and a set of fingerprint impressions obtained in the manner 3637
described in division (C)(2) of this section, the superintendent 3638
of the bureau of criminal identification and investigation shall 3639
conduct a criminal records check in the manner described in 3640
division (B) of this section to determine whether any information 3641
exists that indicates that the person who is the subject of the 3642
request has been convicted of or pleaded guilty to any criminal 3643
offense in this state or any other state. The superintendent shall 3644
send the results of a check requested under section 113.041 of the 3645
Revised Code to the treasurer of state and shall send the results 3646
of a check requested under any of the other listed sections to the 3647
licensing board specified by the individual in the request.3648

       (14) On receipt of a request pursuant to section 1121.23, 3649
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 3650
Code, a completed form prescribed pursuant to division (C)(1) of 3651
this section, and a set of fingerprint impressions obtained in the 3652
manner described in division (C)(2) of this section, the 3653
superintendent of the bureau of criminal identification and 3654
investigation shall conduct a criminal records check in the manner 3655
described in division (B) of this section to determine whether any 3656
information exists that indicates that the person who is the 3657
subject of the request previously has been convicted of or pleaded 3658
guilty to any criminal offense under any existing or former law of 3659
this state, any other state, or the United States.3660

       (15) On receipt of a request for a criminal records check 3661
from an appointing or licensing authority under section 3772.07 of 3662
the Revised Code, a completed form prescribed under division 3663
(C)(1) of this section, and a set of fingerprint impressions 3664
obtained in the manner prescribed in division (C)(2) of this 3665
section, the superintendent of the bureau of criminal 3666
identification and investigation shall conduct a criminal records 3667
check in the manner described in division (B) of this section to 3668
determine whether any information exists that indicates that the 3669
person who is the subject of the request previously has been 3670
convicted of or pleaded guilty or no contest to any offense under 3671
any existing or former law of this state, any other state, or the 3672
United States that is a disqualifying offense as defined in 3673
section 3772.07 of the Revised Code or substantially equivalent to 3674
such an offense.3675

       (16) Not later than thirty days after the date the 3676
superintendent receives a request of a type described in division 3677
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 3678
(14), or (15) of this section, the completed form, and the 3679
fingerprint impressions, the superintendent shall send the person, 3680
board, or entity that made the request any information, other than 3681
information the dissemination of which is prohibited by federal 3682
law, the superintendent determines exists with respect to the 3683
person who is the subject of the request that indicates that the 3684
person previously has been convicted of or pleaded guilty to any 3685
offense listed or described in division (A)(1), (2), (3), (4), 3686
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this 3687
section, as appropriate. The superintendent shall send the person, 3688
board, or entity that made the request a copy of the list of 3689
offenses specified in division (A)(1), (2), (3), (4), (5), (6), 3690
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as 3691
appropriate. If the request was made under section 3701.881 of the 3692
Revised Code with regard to an applicant who may be both 3693
responsible for the care, custody, or control of a child and 3694
involved in providing direct care to an older adult, the 3695
superintendent shall provide a list of the offenses specified in 3696
divisions (A)(4) and (6) of this section.3697

       Not later than thirty days after the superintendent receives 3698
a request for a criminal records check pursuant to section 113.041 3699
of the Revised Code, the completed form, and the fingerprint 3700
impressions, the superintendent shall send the treasurer of state 3701
any information, other than information the dissemination of which 3702
is prohibited by federal law, the superintendent determines exist 3703
with respect to the person who is the subject of the request that 3704
indicates that the person previously has been convicted of or 3705
pleaded guilty to any criminal offense in this state or any other 3706
state.3707

       (B) The superintendent shall conduct any criminal records 3708
check requested under section 113.041, 121.08, 173.27, 173.394, 3709
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 3710
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3711
3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 4701.08, 3712
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 3713
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 3714
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 3715
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 3716
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 3717
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3718
5126.281, or 5153.111 of the Revised Code as follows:3719

       (1) The superintendent shall review or cause to be reviewed 3720
any relevant information gathered and compiled by the bureau under 3721
division (A) of section 109.57 of the Revised Code that relates to 3722
the person who is the subject of the request, including, if the 3723
criminal records check was requested under section 113.041, 3724
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 3725
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 3726
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3727
3722.1515119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 3728
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3729
5126.281, or 5153.111 of the Revised Code, any relevant 3730
information contained in records that have been sealed under 3731
section 2953.32 of the Revised Code;3732

       (2) If the request received by the superintendent asks for 3733
information from the federal bureau of investigation, the 3734
superintendent shall request from the federal bureau of 3735
investigation any information it has with respect to the person 3736
who is the subject of the request, including fingerprint-based 3737
checks of national crime information databases as described in 42 3738
U.S.C. 671 if the request is made pursuant to section 2151.86, 3739
5104.012, or 5104.013 of the Revised Code or if any other Revised 3740
Code section requires fingerprint-based checks of that nature, and 3741
shall review or cause to be reviewed any information the 3742
superintendent receives from that bureau. If a request under 3743
section 3319.39 of the Revised Code asks only for information from 3744
the federal bureau of investigation, the superintendent shall not 3745
conduct the review prescribed by division (B)(1) of this section.3746

        (3) The superintendent or the superintendent's designee may 3747
request criminal history records from other states or the federal 3748
government pursuant to the national crime prevention and privacy 3749
compact set forth in section 109.571 of the Revised Code.3750

       (C)(1) The superintendent shall prescribe a form to obtain 3751
the information necessary to conduct a criminal records check from 3752
any person for whom a criminal records check is requested under 3753
section 113.041 of the Revised Code or required by section 121.08, 3754
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 3755
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3756
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 3757
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 3758
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 3759
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 3760
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 3761
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 3762
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 3763
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that 3764
the superintendent prescribes pursuant to this division may be in 3765
a tangible format, in an electronic format, or in both tangible 3766
and electronic formats.3767

       (2) The superintendent shall prescribe standard impression 3768
sheets to obtain the fingerprint impressions of any person for 3769
whom a criminal records check is requested under section 113.041 3770
of the Revised Code or required by section 121.08, 173.27, 3771
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 3772
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3773
3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 3774
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 3775
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 3776
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 3777
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 3778
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 3779
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3780
5126.281, or 5153.111 of the Revised Code. Any person for whom a 3781
records check is requested under or required by any of those 3782
sections shall obtain the fingerprint impressions at a county 3783
sheriff's office, municipal police department, or any other entity 3784
with the ability to make fingerprint impressions on the standard 3785
impression sheets prescribed by the superintendent. The office, 3786
department, or entity may charge the person a reasonable fee for 3787
making the impressions. The standard impression sheets the 3788
superintendent prescribes pursuant to this division may be in a 3789
tangible format, in an electronic format, or in both tangible and 3790
electronic formats.3791

       (3) Subject to division (D) of this section, the 3792
superintendent shall prescribe and charge a reasonable fee for 3793
providing a criminal records check requested under section 3794
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 3795
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 3796
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3797
3722.1515119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 3798
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 3799
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 3800
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 3801
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 3802
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 3803
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 3804
person making a criminal records request under any of those 3805
sections shall pay the fee prescribed pursuant to this division. A 3806
person making a request under section 3701.881 of the Revised Code 3807
for a criminal records check for an applicant who may be both 3808
responsible for the care, custody, or control of a child and 3809
involved in providing direct care to an older adult shall pay one 3810
fee for the request. In the case of a request under section 3811
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032 3812
of the Revised Code, the fee shall be paid in the manner specified 3813
in that section.3814

       (4) The superintendent of the bureau of criminal 3815
identification and investigation may prescribe methods of 3816
forwarding fingerprint impressions and information necessary to 3817
conduct a criminal records check, which methods shall include, but 3818
not be limited to, an electronic method.3819

       (D) A determination whether any information exists that 3820
indicates that a person previously has been convicted of or 3821
pleaded guilty to any offense listed or described in division 3822
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 3823
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 3824
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) 3825
of this section, or that indicates that a person previously has 3826
been convicted of or pleaded guilty to any criminal offense in 3827
this state or any other state regarding a criminal records check 3828
of a type described in division (A)(13) of this section, and that 3829
is made by the superintendent with respect to information 3830
considered in a criminal records check in accordance with this 3831
section is valid for the person who is the subject of the criminal 3832
records check for a period of one year from the date upon which 3833
the superintendent makes the determination. During the period in 3834
which the determination in regard to a person is valid, if another 3835
request under this section is made for a criminal records check 3836
for that person, the superintendent shall provide the information 3837
that is the basis for the superintendent's initial determination 3838
at a lower fee than the fee prescribed for the initial criminal 3839
records check.3840

       (E) As used in this section:3841

       (1) "Criminal records check" means any criminal records check 3842
conducted by the superintendent of the bureau of criminal 3843
identification and investigation in accordance with division (B) 3844
of this section.3845

       (2) "Minor drug possession offense" has the same meaning as 3846
in section 2925.01 of the Revised Code.3847

       (3) "Older adult" means a person age sixty or older.3848

       (4) "OVI or OVUAC violation" means a violation of section 3849
4511.19 of the Revised Code or a violation of an existing or 3850
former law of this state, any other state, or the United States 3851
that is substantially equivalent to section 4511.19 of the Revised 3852
Code.3853

       Sec. 111.12. (A) Except as otherwise provided in division 3854
(B) of this section, theThe secretary of state shall compile and 3855
publish biennially in a paper, book, or other nonelectronic3856
electronic format twenty-five hundred copies of the election 3857
statistics of Ohio, four thousand copies of the official roster of 3858
federal, state, and county officers, and twenty-five hundred 3859
copies of the official roster of township and municipal officers.3860

       (B) The secretary of state may compile and publish biennially 3861
the election statistics of Ohio, the official roster of federal, 3862
state, and county officers, and the official roster of township 3863
and municipal officers in an electronic format instead of 3864
compiling and publishing these documents biennially in a paper, 3865
book, or other nonelectronic format in the numbers specified in 3866
division (A) of this section. If the secretary of state does so, 3867
the secretary of state shall maintain the ability to provide 3868
copies of the election statistics of Ohio, the official roster of 3869
federal, state, and county officers, and the official roster of 3870
township and municipal officers in accordance with section 149.43 3871
of the Revised Code.3872

       Sec. 111.16.  The secretary of state shall charge and 3873
collect, for the benefit of the state, the following fees:3874

       (A) For filing and recording articles of incorporation of a 3875
domestic corporation, including designation of agent:3876

       (1) Wherein the corporation shall not be authorized to issue 3877
any shares of capital stock, one hundred twenty-five dollars;3878

       (2) Wherein the corporation shall be authorized to issue 3879
shares of capital stock, with or without par value:3880

       (a) Ten cents for each share authorized up to and including 3881
one thousand shares;3882

       (b) Five cents for each share authorized in excess of one 3883
thousand shares up to and including ten thousand shares;3884

       (c) Two cents for each share authorized in excess of ten 3885
thousand shares up to and including fifty thousand shares;3886

       (d) One cent for each share authorized in excess of fifty 3887
thousand shares up to and including one hundred thousand shares;3888

       (e) One-half cent for each share authorized in excess of one 3889
hundred thousand shares up to and including five hundred thousand 3890
shares;3891

       (f) One-quarter cent for each share authorized in excess of 3892
five hundred thousand shares; provided no fee shall be less than 3893
one hundred twenty-five dollars or greater than one hundred 3894
thousand dollars.3895

       (B) For filing and recording a certificate of amendment to or 3896
amended articles of incorporation of a domestic corporation, or 3897
for filing and recording a certificate of reorganization, a 3898
certificate of dissolution, or an amendment to a foreign license 3899
application:3900

       (1) If the domestic corporation is not authorized to issue 3901
any shares of capital stock, fifty dollars;3902

       (2) If the domestic corporation is authorized to issue shares 3903
of capital stock, fifty dollars, and in case of any increase in 3904
the number of shares authorized to be issued, a further sum 3905
computed in accordance with the schedule set forth in division 3906
(A)(2) of this section less a credit computed in the same manner 3907
for the number of shares previously authorized to be issued by the 3908
corporation; provided no fee under division (B)(2) of this section 3909
shall be greater than one hundred thousand dollars;3910

       (3) If the foreign corporation is not authorized to issue any 3911
shares of capital stock, fifty dollars;3912

       (4) If the foreign corporation is authorized to issue shares 3913
of capital stock, fifty dollars.3914

       (C) For filing and recording articles of incorporation of a 3915
savings and loan association, one hundred twenty-five dollars; and 3916
for filing and recording a certificate of amendment to or amended 3917
articles of incorporation of a savings and loan association, fifty 3918
dollars;3919

       (D) For filing and recording a certificate of conversion, 3920
including a designation of agent, a certificate of merger, or a 3921
certificate of consolidation, one hundred twenty-five dollars and, 3922
in the case of any new corporation resulting from a consolidation 3923
or any surviving corporation that has an increased number of 3924
shares authorized to be issued resulting from a merger, an 3925
additional sum computed in accordance with the schedule set forth 3926
in division (A)(2) of this section less a credit computed in the 3927
same manner for the number of shares previously authorized to be 3928
issued or represented in this state by each of the corporations 3929
for which a consolidation or merger is effected by the 3930
certificate;3931

       (E) For filing and recording articles of incorporation of a 3932
credit union or the American credit union guaranty association, 3933
one hundred twenty-five dollars, and for filing and recording a 3934
certificate of increase in capital stock or any other amendment of 3935
the articles of incorporation of a credit union or the 3936
association, fifty dollars;3937

       (F) For filing and recording articles of organization of a 3938
limited liability company, for filing and recording an application 3939
to become a registered foreign limited liability company, for 3940
filing and recording a registration application to become a 3941
domestic limited liability partnership, or for filing and 3942
recording an application to become a registered foreign limited 3943
liability partnership, one hundred twenty-five dollars;3944

       (G) For filing and recording a certificate of limited 3945
partnership or an application for registration as a foreign 3946
limited partnership, or for filing an initial statement of 3947
partnership authority pursuant to section 1776.33 of the Revised 3948
Code, one hundred twenty-five dollars.3949

       (H) For filing a copy of papers evidencing the incorporation 3950
of a municipal corporation or of annexation of territory by a 3951
municipal corporation, five dollars, to be paid by the municipal 3952
corporation, the petitioners therefor, or their agent;3953

       (I) For filing and recording any of the following:3954

       (1) A license to transact business in this state by a foreign 3955
corporation for profit pursuant to section 1703.04 of the Revised 3956
Code or a foreign nonprofit corporation pursuant to section 3957
1703.27 of the Revised Code, one hundred twenty-five dollars;3958

       (2) A biennial report or biennial statement pursuant to 3959
section 1775.63, 1776.83, or 1785.06 of the Revised Code, 3960
twenty-five dollars;3961

       (3) Except as otherwise provided in this section or any other 3962
section of the Revised Code, any other certificate or paper that 3963
is required to be filed and recorded or is permitted to be filed 3964
and recorded by any provision of the Revised Code with the 3965
secretary of state, twenty-five dollars.3966

       (J) For filing any certificate or paper not required to be 3967
recorded, five dollars;3968

       (K)(1) For making copies of any certificate or other paper 3969
filed in the office of the secretary of state, a fee not to exceed 3970
one dollar per page, except as otherwise provided in the Revised 3971
Code, and for creating and affixing the seal of the office of the 3972
secretary of state to any good standing or other certificate, five 3973
dollars. For copies of certificates or papers required by state 3974
officers for official purpose, no charge shall be made.3975

       (2) For creating and affixing the seal of the office of the 3976
secretary of state to the certificates described in division (E) 3977
of section 1701.81, division (E) of section 1701.811, division (E) 3978
of section 1705.38, division (E) of section 1705.381, division (D) 3979
of section 1702.43, division (E) of section 1775.47, division (E) 3980
of section 1775.55, division (E) of section 1776.70, division (E) 3981
of section 1776.74, division (E) of section 1782.433, or division 3982
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.3983

       (L) For a minister's license to solemnize marriages, ten 3984
dollars;3985

       (M) For examining documents to be filed at a later date for 3986
the purpose of advising as to the acceptability of the proposed 3987
filing, fifty dollars;3988

       (N) Fifty dollars for filing and recording any of the 3989
following:3990

       (1) A certificate of dissolution and accompanying documents, 3991
or a certificate of cancellation, under section 1701.86, 1702.47, 3992
1705.43, 1776.65, or 1782.10 of the Revised Code;3993

       (2) A notice of dissolution of a foreign licensed corporation 3994
or a certificate of surrender of license by a foreign licensed 3995
corporation under section 1703.17 of the Revised Code;3996

       (3) The withdrawal of registration of a foreign or domestic 3997
limited liability partnership under section 1775.61, 1775.64, 3998
1776.81, or 1776.86 of the Revised Code, or the certificate of 3999
cancellation of registration of a foreign limited liability 4000
company under section 1705.57 of the Revised Code;4001

       (4) The filing of a statement of denial under section 1776.34 4002
of the Revised Code, a statement of dissociation under section 4003
1776.57 of the Revised Code, a statement of disclaimer of general 4004
partner status under Chapter 1782. of the Revised Code, or a 4005
cancellation of disclaimer of general partner status under Chapter 4006
1782. of the Revised Code.4007

       (O) For filing a statement of continued existence by a 4008
nonprofit corporation, twenty-five dollars;4009

       (P) For filing a restatement under section 1705.08 or 1782.09 4010
of the Revised Code, an amendment to a certificate of cancellation 4011
under section 1782.10 of the Revised Code, an amendment under 4012
section 1705.08 or 1782.09 of the Revised Code, or a correction 4013
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of 4014
the Revised Code, fifty dollars;4015

       (Q) For filing for reinstatement of an entity cancelled by 4016
operation of law, by the secretary of state, by order of the 4017
department of taxation, or by order of a court, twenty-five 4018
dollars;4019

       (R) For filing aand recording any of the following:4020

       (1) A change of agent, resignation of agent, or change of 4021
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 4022
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the 4023
Revised Code, twenty-five dollars;4024

       (2) A multiple change of agent name or address, 4025
standardization of agent address, or resignation of agent under 4026
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 4027
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one 4028
hundred twenty-five dollars, plus three dollars per entity record 4029
being changed, by the multiple agent update.4030

       (S) For filing and recording any of the following:4031

       (1) An application for the exclusive right to use a name or 4032
an application to reserve a name for future use under section 4033
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised 4034
Code, fifty dollars;4035

       (2) A trade name or fictitious name registration or report, 4036
fifty dollars;4037

       (3) An application to renew any item covered by division 4038
(S)(1) or (2) of this section that is permitted to be renewed, 4039
twenty-five dollars;4040

       (4) An assignment of rights for use of a name covered by 4041
division (S)(1), (2), or (3) of this section, the cancellation of 4042
a name registration or name reservation that is so covered, or 4043
notice of a change of address of the registrant of a name that is 4044
so covered, twenty-five dollars.4045

       (T) For filing and recording a report to operate a business 4046
trust or a real estate investment trust, either foreign or 4047
domestic, one hundred twenty-five dollars; and for filing and 4048
recording an amendment to a report or associated trust instrument, 4049
or a surrender of authority, to operate a business trust or real 4050
estate investment trust, fifty dollars;4051

       (U)(1) For filing and recording the registration of a 4052
trademark, service mark, or mark of ownership, one hundred 4053
twenty-five dollars;4054

       (2) For filing and recording the change of address of a 4055
registrant, the assignment of rights to a registration, a renewal 4056
of a registration, or the cancellation of a registration 4057
associated with a trademark, service mark, or mark of ownership, 4058
twenty-five dollars.4059

       (V) For filing a service of process with the secretary of 4060
state, five dollars, except as otherwise provided in any section 4061
of the Revised Code.4062

       Fees specified in this section may be paid by cash, check, or 4063
money order, by credit card in accordance with section 113.40 of 4064
the Revised Code, or by an alternative payment program in 4065
accordance with division (B) of section 111.18 of the Revised 4066
Code. Any credit card number or the expiration date of any credit 4067
card is not subject to disclosure under Chapter 149. of the 4068
Revised Code.4069

       Sec. 111.18.  (A) The secretary of state shall keep a record 4070
of all fees collected by the secretary of state and, subject to 4071
division (B) of section 1309.528 of the Revised Code and except as 4072
otherwise provided in the Revised Code, shall pay them into the 4073
state treasury to the credit of the corporate and uniform 4074
commercial code filing fund created by section 1309.528 of the 4075
Revised Code.4076

       (B) The secretary of state may implement alternative payment 4077
programs that permit payment of any fee charged by the secretary 4078
of state by means other than cash, check, money order, or credit 4079
card; an alternative payment program may include, but is not 4080
limited to, one that permits a fee to be paid by electronic means 4081
of transmission. Fees paid under an alternative payment program 4082
shall be deposited to the credit of the secretary of state 4083
alternative payment program fund, which is hereby created in the 4084
state treasury. Any investment income of the secretary of state 4085
alternative payment program fund shall be credited to that fund 4086
and used to operate the alternative payment program. Within two 4087
working days following the deposit of funds to the credit of the 4088
secretary of state alternative payment program fund, the secretary 4089
of state shall pay those funds to the credit of the corporate and 4090
uniform commercial code filing fund, subject to division (B) of 4091
section 1309.401 of the Revised Code and except as otherwise 4092
provided in the Revised Code.4093

       The secretary of state shall adopt rules necessary to carry 4094
out the purposes of this division.4095

       Sec. 111.181. There is hereby created in the state treasury 4096
the information systems fund. The fund shall receive revenues from 4097
fees charged to customers for special database requests, including 4098
corporate and uniform commercial code filings. The secretary of 4099
state shall use the fund for information technology related 4100
expenses of the office.4101

       Sec. 111.28.  (A) There is hereby created in the state 4102
treasury the help America vote act (HAVA) fund. All moneys 4103
received by the secretary of state from the United States election 4104
assistance commission shall be credited to the fund. The secretary 4105
of state shall use the moneys credited to the fund for activities 4106
conducted pursuant to the "Help America Vote Act of 2002," Pub. L. 4107
No. 107-252, 116 Stat. 1666. All investment earnings of the fund 4108
shall be credited to the fund.4109

       (B) There is hereby created in the state treasury the 4110
election reform/health and human services fund. All moneys 4111
received by the secretary of state from the United States 4112
department of health and human services shall be credited to the 4113
fund. The secretary of state shall use the moneys credited to the 4114
fund for activities conducted pursuant to grants awarded to the 4115
state under Title II, Subtitle D, Sections 261 to 265 of the Help 4116
America Vote Act of 2002 to assure access for individuals with 4117
disabilities. All investment earnings of the fund shall be 4118
credited to the fund.4119

       Sec. 111.29.  There is hereby created in the state treasury 4120
the citizen education fund. The fund shall receive gifts, grants, 4121
fees, and donations from private individuals and entities for 4122
voter education purposes. The secretary of state shall use the 4123
moneys credited to the fund for preparing, printing, and 4124
distributing voter registration and educational materials and for 4125
conducting related workshops and conferences for public education.4126

       Sec. 117.101.  The auditor of state shall provide, operate, 4127
and maintain a uniform and compatible computerized financial 4128
management and accounting system known as the uniform accounting 4129
network. The network shall be designed to provide public offices, 4130
other than state agencies and the Ohio education computer network 4131
and public school districts, with efficient and economical access 4132
to data processing and management information facilities and 4133
expertise. In accordance with this objective, activities of the 4134
network shall include, but not be limited to, provision, 4135
maintenance, and operation of the following facilities and 4136
services:4137

       (A) A cooperative program of technical assistance for public 4138
offices, other than state agencies and the Ohio education computer 4139
network and public school districts, including, but not limited 4140
to, an adequate computer software system and a data base;4141

       (B) An information processing service center providing 4142
approved computerized financial accounting and reporting services 4143
to participating public offices.4144

       The auditor of state and any public office, other than a 4145
state agency and the Ohio education computer network and public 4146
school districts, may enter into any necessary agreements, without 4147
advertisement or bidding, for the provision of necessary goods, 4148
materials, supplies, and services to such public offices by the 4149
auditor of state through the network.4150

       The auditor of state may, by rule, provide for a system of 4151
user fees to be charged participating public offices for goods, 4152
materials, supplies, and services received from the network. All 4153
such fees shall be paid into the state treasury to the credit of 4154
the uniform accounting network fund, which is hereby created. The 4155
fund shall be used by the auditor of state to pay the costs of 4156
establishing and maintaining the network. The fund shall be 4157
assessed a proportionate share of the auditor of state's 4158
administrative costs in accordance with procedures prescribed by 4159
the auditor of state and approved by the director of budget and 4160
management.4161

       Sec. 117.13.  (A) The costs of audits of state agencies shall 4162
be recovered by the auditor of state in the following manner:4163

       (1) The costs of all audits of state agencies shall be paid 4164
to the auditor of state on statements rendered by the auditor of 4165
state. Money so received by the auditor of state shall be paid 4166
into the state treasury to the credit of the public audit expense 4167
fund--intrastate, which is hereby created, and shall be used to 4168
pay costs related to such audits. The costs of audits of a state 4169
agency shall be charged to the state agency being audited. The 4170
costs of any assistant auditor, employee, or expert employed 4171
pursuant to section 117.09 of the Revised Code called upon to 4172
testify in any legal proceedings in regard to any audit, or called 4173
upon to review or discuss any matter related to any audit, may be 4174
charged to the state agency to which the audit relates.4175

       (2) The auditor of state shall establish by rule rates to be 4176
charged to state agencies for recovering the costs of audits of 4177
state agencies.4178

       (B) As used in this division, "government auditing standards" 4179
means the government auditing standards published by the 4180
comptroller general of the United States general accounting 4181
office.4182

       (1) Except as provided in divisions (B)(2) and (3) of this 4183
section, any costs of an audit of a private institution, 4184
association, board, or corporation receiving public money for its 4185
use shall be charged to the public office providing the public 4186
money in the same manner as costs of an audit of the public 4187
office.4188

       (2) If an audit of a private child placing agency or private 4189
noncustodial agency receiving public money from a public children 4190
services agency for providing child welfare or child protection 4191
services sets forth that money has been illegally expended, 4192
converted, misappropriated, or is unaccounted for, the costs of 4193
the audit shall be charged to the agency being audited in the same 4194
manner as costs of an audit of a public office, unless the 4195
findings are inconsequential, as defined by government auditing 4196
standards.4197

       (3) If such an audit does not set forth that money has been 4198
illegally expended, converted, misappropriated, or is unaccounted 4199
for or sets forth findings that are inconsequential, as defined by 4200
government auditing standards, the costs of the audit shall be 4201
charged as follows:4202

       (a) One-third of the costs to the agency being audited;4203

       (b) One-third of the costs to the public children services 4204
agency that provided the public money to the agency being audited;4205

       (c) One-third of the costs to the department of job and 4206
family services.4207

       (C) The costs of audits of local public offices shall be 4208
recovered by the auditor of state in the following manner:4209

       (1) The total amount of compensation paid assistant auditors 4210
of state, their expenses, the cost of employees assigned to assist 4211
the assistant auditors of state, the cost of experts employed 4212
pursuant to section 117.09 of the Revised Code, and the cost of 4213
typing, reviewing, and copying reports shall be borne by the 4214
public office to which such assistant auditors of state are so 4215
assigned, except that annual vacation and sick leave of assistant 4216
auditors of state, employees, and typists shall be financed from 4217
the general revenue fund. The necessary traveling and hotel 4218
expenses of the deputy inspectors and supervisors of public 4219
offices shall be paid from the state treasury. Assistant auditors 4220
of state shall be compensated by the taxing district or other 4221
public office audited for activities undertaken pursuant to 4222
division (B) of section 117.18 and section 117.24 of the Revised 4223
Code. The costs of any assistant auditor, employee, or expert 4224
employed pursuant to section 117.09 of the Revised Code called 4225
upon to testify in any legal proceedings in regard to any audit, 4226
or called upon to review or discuss any matter related to any 4227
audit, may be charged to the public office to which the audit 4228
relates.4229

       (2) The auditor of state shall certify the amount of such 4230
compensation, expenses, cost of experts, reviewing, copying, and 4231
typing to the fiscal officer of the local public office audited. 4232
The fiscal officer of the local public office shall forthwith draw 4233
a warrant upon the general fund or other appropriate funds of the 4234
local public office to the order of the auditor of state; 4235
provided, that the auditor of state is authorized to negotiate 4236
with any local public office and, upon agreement between the 4237
auditor of state and the local public office, may adopt a schedule 4238
for payment of the amount due under this section. Money so 4239
received by the auditor of state shall be paid into the state 4240
treasury to the credit of the public audit expense fund--local 4241
government, which is hereby created, and shall be used to pay the 4242
compensation, expense, cost of experts and employees, reviewing, 4243
copying, and typing of reports.4244

       (3) At the conclusion of each audit, or analysis and report 4245
made pursuant to section 117.24 of the Revised Code, the auditor 4246
of state shall furnish the fiscal officer of the local public 4247
office audited a statement showing the total cost of the audit, or 4248
of the audit and the analysis and report, and the percentage of 4249
the total cost chargeable to each fund audited. The fiscal officer 4250
may distribute such total cost to each fund audited in accordance 4251
with its percentage of the total cost.4252

       (4) The auditor of state shall provide each local public 4253
office a statement or certification of the amount due from the 4254
public office for services performed by the auditor of state under 4255
this or any other section of the Revised Code, as well as the date 4256
upon which payment is due to the auditor of state. Any local 4257
public office that does not pay the amount due to the auditor of 4258
state by that date may be assessed by the auditor of state for 4259
interest from the date upon which the payment is due at the rate 4260
per annum prescribed by section 5703.47 of the Revised Code. All 4261
interest charges assessed by the auditor of state may be collected 4262
in the same manner as audit costs pursuant to division (D) of this 4263
section.4264

       (5) The auditor of state shall establish by rule rates to be 4265
charged to local public offices for recovering the costs of audits 4266
of local public offices.4267

       (D) If the auditor of state fails to receive payment for any 4268
amount due, including, but not limited to, fines, fees, and costs, 4269
from a public office for services performed under this or any 4270
other section of the Revised Code, the auditor of state may seek 4271
payment through the office of budget and management. (Amounts due 4272
include any amount due to an independent public accountant with 4273
whom the auditor has contracted to perform services, all costs and 4274
fees associated with participation in the uniform accounting 4275
network, and all costs associated with the auditor's provision of 4276
local government services.) Upon certification by the auditor of 4277
state to the director of budget and management of any such amount 4278
due, the director shall withhold from the public office any amount 4279
available, up to and including the amount certified as due, from 4280
any funds under the director's control that belong to or are 4281
lawfully payable or due to the public office. The director shall 4282
promptly pay the amount withheld to the auditor of state. If the 4283
director determines that no funds due and payable to the public 4284
office are available or that insufficient amounts of such funds 4285
are available to cover the amount due, the director shall withhold 4286
and pay to the auditor of state the amounts available and, in the 4287
case of a local public office, certify the remaining amount to the 4288
county auditor of the county in which the local public office is 4289
located. The county auditor shall withhold from the local public 4290
office any amount available, up to and including the amount 4291
certified as due, from any funds under the county auditor's 4292
control and belonging to or lawfully payable or due to the local 4293
public office. The county auditor shall promptly pay any such 4294
amount withheld to the auditor of state.4295

       Sec. 118.023. (A) Upon determining that one or more of the 4296
conditions described in section 118.022 of the Revised Code are 4297
present, the auditor of state shall issue a written declaration of 4298
the existence of a fiscal watch to the municipal corporation, 4299
county, or township and the county budget commission. The fiscal 4300
watch shall be in effect until the auditor of state determines 4301
that none of the conditions are any longer present and cancels the 4302
watch, or until the auditor of state determines that a state of 4303
fiscal emergency exists. The auditor of state, or a designee,4304
shall provide such technical and support services to the municipal 4305
corporation, county, or township after a fiscal watch has been 4306
declared to exist as the auditor of state considers necessary. The 4307
controlling board shall provide sufficient funds for any costs 4308
that the auditor of state may incur in determining if a fiscal 4309
watch exists and for providing technical and support services.4310

       (B) Within one hundred twenty days after the day a written 4311
declaration of the existence of a fiscal watch is issued under 4312
division (A) of this section, the mayor of the municipal 4313
corporation, the board of county commissioners of the county, or 4314
the board of township trustees of the township for which a fiscal 4315
watch was declared shall submit to the auditor of state a 4316
financial recovery plan that shall identify actions to be taken to 4317
eliminate all of the conditions described in section 118.022 of 4318
the Revised Code, include a schedule detailing the approximate 4319
dates for beginning and completing the actions, and include a 4320
five-year forecast reflecting the effects of the actions. The 4321
financial recovery plan is subject to review and approval by the 4322
auditor of state. The auditor of state may extend the amount of 4323
time by which a financial recovery plan is required to be filed, 4324
for good cause shown.4325

        (C) If a feasible financial recovery plan for a municipal 4326
corporation, county, or township for which a fiscal watch was 4327
declared is not submitted within the time period prescribed by 4328
division (B) of this section, or within any extension of time 4329
thereof, the auditor of state shall declare that a fiscal 4330
emergency condition exists under section 118.04 of the Revised 4331
Code in the municipal corporation, county, or township.4332

       Sec. 118.025.  (A) The auditor of state shall develop 4333
guidelines for identifying fiscal practices and budgetary 4334
conditions of municipal corporations, counties, and townships 4335
that, if uncorrected, could result in a future declaration of a 4336
fiscal watch or fiscal emergency.4337

       (B) If the auditor of state determines that a municipal 4338
corporation, county, or township is engaging in any of those 4339
practices or that any of those conditions exist, the auditor of 4340
state may declare the municipal corporation, county, or township 4341
to be under a fiscal caution.4342

       (C) When the auditor of state declares a fiscal caution, the 4343
auditor of state shall promptly notify the municipal corporation, 4344
county, or township of that declaration and shall request the 4345
municipal corporation, county, or township to provide written 4346
proposals for discontinuing or correcting the fiscal practices or 4347
budgetary conditions that prompted the declaration and for 4348
preventing the municipal corporation, county, or township from 4349
experiencing further fiscal difficulties that could result in a 4350
declaration of fiscal watch or fiscal emergency.4351

       (D) The auditor of state, or a designee, may visit and 4352
inspect any municipal corporation, county, or township that is 4353
declared to be under a fiscal caution. The auditor of state may 4354
provide technical assistance to the municipal corporation, county, 4355
or township in implementing proposals to eliminate the practices 4356
or budgetary conditions that prompted the declaration of fiscal 4357
caution and may make recommendations concerning those proposals.4358

       (E) If the auditor of state finds that a municipal 4359
corporation, county, or township declared to be under a fiscal 4360
caution has not made reasonable proposals or otherwise taken 4361
action to discontinue or correct the fiscal practices or budgetary 4362
conditions that prompted the declaration of fiscal caution, and if 4363
the auditor of state considers it necessary to prevent further 4364
fiscal decline, the auditor of state may determine that the 4365
municipal corporation, county, or township should be in a state of 4366
fiscal watch.4367

       (F) The controlling board shall provide sufficient funds for 4368
any costs incurred by the auditor of state in determining if a 4369
fiscal caution exists and for providing technical and support 4370
services.4371

       Sec. 118.04.  (A) The existence of a fiscal emergency 4372
condition constitutes a fiscal emergency. The existence of fiscal 4373
emergency conditions shall be determined by the auditor of state. 4374
Such determination, for purposes of this chapter, may be made only 4375
upon the filing with the auditor of state of a written request for 4376
such a determination by the governor, by the county budget 4377
commission, by the mayor of the municipal corporation, or by the 4378
presiding officer of the legislative authority of the municipal 4379
corporation when authorized by a majority of the members of such 4380
legislative authority, by the board of county commissioners, or by 4381
the board of township trustees, or upon initiation by the auditor 4382
of state. The request may designate in general or specific terms, 4383
but without thereby limiting the determination thereto, the 4384
condition or conditions to be examined to determine whether they 4385
constitute fiscal emergency conditions. Promptly upon receipt of 4386
such written request, or upon initiation by the auditor of state, 4387
the auditor of state shall transmit copies of such request or a 4388
written notice of such initiation to the mayor and the presiding 4389
officer of the legislative authority of the municipal corporation 4390
or to the board of county commissioners or the board of township 4391
trustees by personal service or certified mail. Such 4392
determinations shall be set forth in written reports and 4393
supplemental reports, which shall be filed with the mayor, fiscal 4394
officer, and presiding officer of the legislative authority of the 4395
municipal corporation, or with the board of county commissioners 4396
or the board of township trustees, and with the treasurer of 4397
state, secretary of state, governor, director of budget and 4398
management, and county budget commission, within thirty days after 4399
the request. The auditor of state shall so file an initial report 4400
immediately upon determining the existence of any fiscal emergency 4401
condition.4402

       (B) In making such determination, the auditor of state may 4403
rely on reports or other information filed or otherwise made 4404
available by the municipal corporation, county, or township, 4405
accountants' reports, or other sources and data the auditor of 4406
state considers reliable for such purpose. As to the status of 4407
funds or accounts, a determination that the amounts stated in 4408
section 118.03 of the Revised Code are exceeded may be made 4409
without need for determination of the specific amount of the 4410
excess. The auditor of state may engage the services of 4411
independent certified or registered public accountants, including 4412
public accountants engaged or previously engaged by the municipal 4413
corporation, county, or township, to conduct audits or make 4414
reports or render such opinions as the auditor of state considers 4415
desirable with respect to any aspect of the determinations to be 4416
made by the auditor of state.4417

       (C) A determination by the auditor of state under this 4418
section that a fiscal emergency condition does not exist is final 4419
and conclusive and not appealable. A determination by the auditor 4420
of state under this section that a fiscal emergency exists is 4421
final, except that the mayor of any municipal corporation affected 4422
by a determination of the existence of a fiscal emergency 4423
condition under this section, when authorized by a majority of the 4424
members of the legislative authority, or the board of county 4425
commissioners or board of township trustees, may appeal the 4426
determination of the existence of a fiscal emergency condition to 4427
the court of appeals having territorial jurisdiction over the 4428
municipal corporation, county, or township. The appeal shall be 4429
heard expeditiously by the court of appeals and for good cause 4430
shown shall take precedence over all other civil matters except 4431
earlier matters of the same character. Notice of such appeal must 4432
be filed with the auditor of state and such court within thirty 4433
days after certification by the auditor of state to the mayor and 4434
presiding officer of the legislative authority of the municipal 4435
corporation or to the board of county commissioners or board of 4436
township trustees as provided for in division (A) of this section. 4437
In such appeal, determinations of the auditor of state shall be 4438
presumed to be valid and the municipal corporation, county, or 4439
township shall have the burden of proving, by clear and convincing 4440
evidence, that each of the determinations made by the auditor of 4441
state as to the existence of a fiscal emergency condition under 4442
section 118.03 of the Revised Code was in error. If the municipal 4443
corporation, county, or township fails, upon presentation of its 4444
case, to prove by clear and convincing evidence that each such 4445
determination by the auditor of state was in error, the court 4446
shall dismiss the appeal. The municipal corporation, county, or 4447
township and the auditor of state may introduce any evidence 4448
relevant to the existence or nonexistence of such fiscal emergency 4449
conditions at the times indicated in the applicable provisions of 4450
divisions (A) and (B) of section 118.03 of the Revised Code. The 4451
pendency of any such appeal shall not affect or impede the 4452
operations of this chapter; no restraining order, temporary 4453
injunction, or other similar restraint upon actions consistent 4454
with this chapter shall be imposed by the court or any court 4455
pending determination of such appeal; and all things may be done 4456
under this chapter that may be done regardless of the pendency of 4457
any such appeal. Any action taken or contract executed pursuant to 4458
this chapter during the pendency of such appeal is valid and 4459
enforceable among all parties, notwithstanding the decision in 4460
such appeal. If the court of appeals reverses the determination of 4461
the existence of a fiscal emergency condition by the auditor of 4462
state, the determination no longer has any effect, and any 4463
procedures undertaken as a result of the determination shall be 4464
terminated.4465

       (D) AllThe auditor of state shall be reimbursed for any4466
expenses incurred by the auditor of state relating to a 4467
determination or termination of a fiscal emergency under this 4468
section or a fiscal watch under section 118.021 of the Revised 4469
Code shall be reimbursed from an appropriation for that purpose, 4470
including technical and support services. If necessary, the 4471
controlling board shall provide sufficient funds for these 4472
purposes.4473

       Sec. 118.05.  (A) Pursuant to the powers of the general 4474
assembly and for the purposes of this chapter, upon the occurrence 4475
of a fiscal emergency in any municipal corporation, county, or 4476
township, as determined pursuant to section 118.04 of the Revised 4477
Code, there is established, with respect to that municipal 4478
corporation, county, or township, a body both corporate and 4479
politic constituting an agency and instrumentality of the state 4480
and performing essential governmental functions of the state to be 4481
known as the "financial planning and supervision commission for 4482
............... (name of municipal corporation, county, or 4483
township)," which, in that name, may exercise all authority vested 4484
in such a commission by this chapter. AExcept as otherwise 4485
provided in division (L) of this section, a separate commission is 4486
established with respect to each municipal corporation, county, or 4487
township as to which there is a fiscal emergency as determined 4488
under this chapter.4489

       (B) A commission shall consist of the following voting 4490
members:4491

       (1) Four ex officio members: the treasurer of state; the 4492
director of budget and management; in the case of a municipal 4493
corporation, the mayor of the municipal corporation and the4494
presiding officer of the legislative authority of the municipal 4495
corporation; in the case of a county, the president of the board 4496
of county commissioners and the county auditor; and in the case of 4497
a township, a member of the board of township trustees; and the 4498
county auditor or county fiscal officer.4499

       The treasurer of state may designate a deputy treasurer or 4500
director within the office of the treasurer of state or any other 4501
appropriate person who is not an employee of the treasurer of 4502
state's office; the director of budget and management may 4503
designate an individual within the office of budget and management 4504
or any other appropriate person who is not an employee of the 4505
office of budget and management; the mayor may designate a 4506
responsible official within the mayor's office or the fiscal 4507
officer of the municipal corporation; the presiding officer of the 4508
legislative authority of the municipal corporation may designate 4509
any other member of the legislative authority; the board of county 4510
commissioners may designate any other member of the board or the 4511
fiscal officer of the county; and the board of township trustees 4512
may designate any other member of the board or the fiscal officer 4513
of the township to attend the meetings of the commission when the 4514
ex officio member is absent or unable for any reason to attend. A 4515
designee, when present, shall be counted in determining whether a 4516
quorum is present at any meeting of the commission and may vote 4517
and participate in all proceedings and actions of the commission. 4518
The designations shall be in writing, executed by the ex officio 4519
member or entity making the designation, and filed with the 4520
secretary of the commission. The designations may be changed from 4521
time to time in like manner, but due regard shall be given to the 4522
need for continuity.4523

       (2) If a municipal corporation, county, or township has a 4524
population of at least one thousand, three members nominated and 4525
appointed as follows:4526

       The mayor and presiding officer of the legislative authority 4527
of the municipal corporation, the board of county commissioners, 4528
or the board of township trustees shall, within ten days after the 4529
determination of the fiscal emergency by the auditor of state 4530
under section 118.04 of the Revised Code, submit in writing to the 4531
governor the nomination of five persons agreed to by them and 4532
meeting the qualifications set forth in this division. If the 4533
governor is not satisfied that at least three of the nominees are 4534
well qualified, the governor shall notify the mayor and presiding 4535
officer, or the board of county commissioners, or the board of 4536
township trustees to submit in writing, within five days, 4537
additional nominees agreed upon by them, not exceeding three. The 4538
governor shall appoint three members from all the agreed-upon 4539
nominees so submitted or a lesser number that the governor 4540
considers well qualified within thirty days after receipt of the 4541
nominations, and shall fill any remaining positions on the 4542
commission by appointment of any other persons meeting the 4543
qualifications set forth in this division. All appointments by the 4544
governor shall be made with the advice and consent of the senate. 4545
Each of the three appointed members shall serve during the life of 4546
the commission, subject to removal by the governor for 4547
misfeasance, nonfeasance, or malfeasance in office. In the event 4548
of the death, resignation, incapacity, removal, or ineligibility 4549
to serve of an appointed member, the governor, pursuant to the 4550
process for original appointment, shall appoint a successor.4551

       (3) If a municipal corporation, county, or township has a 4552
population of less than one thousand, one member nominated and 4553
appointed as follows:4554

       The mayor and presiding officer of the legislative authority 4555
of the municipal corporation, the board of county commissioners, 4556
or the board of township trustees shall, within ten days after the 4557
determination of the fiscal emergency by the auditor of state 4558
under section 118.04 of the Revised Code, submit in writing to the 4559
governor the nomination of three persons agreed to by them and 4560
meeting the qualifications set forth in this division. If the 4561
governor is not satisfied that at least one of the nominees is 4562
well qualified, the governor shall notify the mayor and presiding 4563
officer, or the board of county commissioners, or the board of 4564
township trustees to submit in writing, within five days, 4565
additional nominees agreed upon by them, not exceeding three. The 4566
governor shall appoint one member from all the agreed-upon 4567
nominees so submitted or shall fill the position on the commission 4568
by appointment of any other person meeting the qualifications set 4569
forth in this division. All appointments by the governor shall be 4570
made with the advice and consent of the senate. The appointed 4571
member shall serve during the life of the commission, subject to 4572
removal by the governor for misfeasance, nonfeasance, or 4573
malfeasance in office. In the event of the death, resignation, 4574
incapacity, removal, or ineligibility to serve of the appointed 4575
member, the governor, pursuant to the process for original 4576
appointment, shall appoint a successor.4577

       Each appointed member shall be an individual:4578

       (a) Who has knowledge and experience in financial matters, 4579
financial management, or business organization or operations;4580

       (b) WhoseOne member appointed by the governor, whose4581
residency, office, or principal place of professional or business 4582
activity is situated within the municipal corporation, county, or 4583
township;4584

       (c) Who shall not become a candidate for elected public 4585
office while serving as a member of the commission.4586

       (C) Immediately after appointment of the initial appointed 4587
member or members of the commission, the governor shall call the 4588
first meeting of the commission and shall cause written notice of 4589
the time, date, and place of the first meeting to be given to each 4590
member of the commission at least forty-eight hours in advance of 4591
the meeting.4592

       (D) The director of budget and management shall serve as 4593
chairperson of the commission. The commission shall elect one of 4594
its members to serve as vice-chairperson and may appoint a 4595
secretary and any other officers, who need not be members of the 4596
commission, it considers necessary. The chairperson may remove the 4597
member appointed by the governor if that member fails to attend 4598
three consecutive meetings. In that event, the governor shall fill 4599
the vacancy in the same manner as the original appointment.4600

       (E) The commission may adopt and alter bylaws and rules, 4601
which shall not be subject to section 111.15 or Chapter 119. of 4602
the Revised Code, for the conduct of its affairs and for the 4603
manner, subject to this chapter, in which its powers and functions 4604
shall be exercised and embodied.4605

       (F) Four members of a commission established pursuant to 4606
divisions (B)(1) and (2) of this section constitute a quorum of 4607
the commission. The affirmative vote of a majority of the members 4608
of such a commission is necessary for any action taken by vote of 4609
the commission. Three members of a commission established 4610
pursuant to divisions (B)(1) and (3) of this section constitute a 4611
quorum of the commission. The affirmative vote of a majority of 4612
the members of such athe commission is necessary for any action 4613
taken by vote of the commission. No vacancy in the membership of 4614
the commission shall impair the rights of a quorum by such vote to 4615
exercise all the rights and perform all the duties of the 4616
commission. Members of the commission, and their designees, are 4617
not disqualified from voting by reason of the functions of the 4618
other office they hold and are not disqualified from exercising 4619
the functions of the other office with respect to the municipal 4620
corporation, county, or township, its officers, or the commission.4621

       (G) The auditor of state shall serve as the "financial 4622
supervisor" to the commission unless the auditor of state elects 4623
to contract for that service. As used in this chapter, "financial 4624
supervisor" means the auditor of state.4625

       (H) At the request of the commission, the auditor of state 4626
shall designate employees of the auditor of state's office to 4627
assist the commission and the financial supervisor and to 4628
coordinate the work of the auditor of state's office and the 4629
financial supervisor. Upon the determination of a fiscal emergency 4630
in any municipal corporation, county, or township, the municipal 4631
corporation, county, or township shall provide the commission with 4632
such reasonable office space in the principal building housing 4633
city, county, or township government, where feasible, as it 4634
determines is necessary to carry out its duties under this 4635
chapter.4636

       (I) The financial supervisor, the members of the commission, 4637
the auditor of state, and any person authorized to act on behalf 4638
of or assist them shall not be personally liable or subject to any 4639
suit, judgment, or claim for damages resulting from the exercise 4640
of or failure to exercise the powers, duties, and functions 4641
granted to them in regard to their functioning under this chapter, 4642
but the commission, the financial supervisor, the auditor of 4643
state, and those other persons shall be subject to mandamus 4644
proceedings to compel performance of their duties under this 4645
chapter and with respect to any debt obligations issued pursuant 4646
or subject to this chapter.4647

       (J) At the request of the commission, the administrative head 4648
of any state agency shall temporarily assign personnel skilled in 4649
accounting and budgeting procedures to assist the commission or 4650
the financial supervisor in its duties as financial supervisor.4651

       (K) The appointed members of the commission are not subject 4652
to section 102.02 of the Revised Code. Each appointed member of 4653
the commission shall file with the commission a signed written 4654
statement setting forth the general nature of sales of goods, 4655
property, or services or of loans to the municipal corporation, 4656
county, or township with respect to which that commission is 4657
established, in which the appointed member has a pecuniary 4658
interest or in which any member of the appointed member's 4659
immediate family, as defined in section 102.01 of the Revised 4660
Code, or any corporation, partnership, or enterprise of which the 4661
appointed member is an officer, director, or partner, or of which 4662
the appointed member or a member of the appointed member's 4663
immediate family, as so defined, owns more than a five per cent 4664
interest, has a pecuniary interest, and of which sale, loan, or 4665
interest such member has knowledge. The statement shall be 4666
supplemented from time to time to reflect changes in the general 4667
nature of any such sales or loans.4668

       (L) A commission is not established with respect to any 4669
village or township with a population of less than two thousand 4670
five hundred as of the most recent federal decennial census. Upon 4671
the occurrence of a fiscal emergency in such a village or 4672
township, the auditor of state shall serve as the financial 4673
supervisor of the village or township and shall have all the 4674
powers and responsibilities of a commission.4675

       Sec. 118.06.  (A) Within one hundred twenty days after the 4676
first meeting of the commission, the mayor of the municipal 4677
corporation or the board of county commissioners or board of 4678
township trustees shall submit to the commission a detailed 4679
financial plan, as approved or amended and approved by ordinance 4680
or resolution of the legislative authority, containing the 4681
following:4682

       (1) Actions to be taken by the municipal corporation, county, 4683
or township to:4684

       (a) Eliminate all fiscal emergency conditions determined to 4685
exist pursuant to section 118.04 of the Revised Code;4686

       (b) Satisfy any judgments, past due accounts payable, and all 4687
past due and payable payroll and fringe benefits;4688

       (c) Eliminate the deficits in all deficit funds;4689

       (d) Restore to construction funds and other special funds 4690
moneys from such funds that were used for purposes not within the 4691
purposes of such funds, or borrowed from such construction funds 4692
by the purchase of debt obligations of the municipal corporation, 4693
county, or township with the moneys of such funds, or missing from 4694
the construction funds or such special funds and not accounted 4695
for;4696

       (e) Balance the budgets, avoid future deficits in any funds, 4697
and maintain current payments of payroll, fringe benefits, and all 4698
accounts;4699

       (f) Avoid any fiscal emergency condition in the future;4700

       (g) Restore the ability of the municipal corporation, county, 4701
or township to market long-term general obligation bonds under 4702
provisions of law applicable to municipal corporations, counties, 4703
or townships generally.4704

       (2) The legal authorities permitting the municipal 4705
corporation, county, or township to take the actions enumerated 4706
pursuant to division (A)(1) of this section;4707

       (3) The approximate dates of the commencement, progress upon, 4708
and completion of the actions enumerated pursuant to division 4709
(A)(1) of this section, a five-year forecast reflecting the 4710
effects of those actions, and a reasonable period of time 4711
expected to be required to implement the plan. The municipal 4712
corporation, county, or township, in consultation with the 4713
commission and the financial supervisor, shall prepare a 4714
reasonable time schedule for progress toward and achievement of 4715
the requirements for the financial plan and the financial plan 4716
shall be consistent with that time schedule.4717

       (4) The amount and purpose of any issue of debt obligations 4718
that will be issued, together with assurances that any such debt 4719
obligations that will be issued will not exceed debt limits 4720
supported by appropriate certifications by the fiscal officer of 4721
the municipal corporation, county, or township and the county 4722
auditor;4723

       (5) Assurances that the municipal corporation, county, or 4724
township will establish monthly levels of expenditures and 4725
encumbrances pursuant to division (B)(2) of section 118.07 of the 4726
Revised Code;4727

       (6) Assurances that the municipal corporation, county, or 4728
township will conform to statutes with respect to tax budgets and 4729
appropriation measures;4730

       (7) The detail, the form, and the supporting information that 4731
the commission may direct.4732

       (B) The financial plan developed pursuant to division (A) of 4733
this section shall be filed with the financial supervisor and the 4734
financial planning and supervision commission and shall be updated 4735
annually. After consultation with the financial supervisor, the 4736
commission shall either approve or reject any initial or 4737
subsequent financial plan. If the commission rejects the initial 4738
or any subsequent financial plan, it shall forthwith inform the 4739
mayor and legislative authority of the municipal corporation or 4740
the board of county commissioners or board of township trustees of 4741
the reasons for its rejection. Within thirty days after the 4742
rejection of any plan, the mayor with the approval of the 4743
legislative authority by the passage of an ordinance or 4744
resolution, or the board of county commissioners or board of 4745
township trustees, shall submit another plan meeting the 4746
requirements of divisions (A)(1) to (7) of this section, to the 4747
commission and the financial supervisor for approval or rejection 4748
by the commission.4749

       (C) Any initial or subsequent financial plan passed by the 4750
municipal corporation, county, or township shall be approved by 4751
the commission if it complies with divisions (A)(1) to (7) of this 4752
section, and if the commission finds that the plan is bona fide 4753
and can reasonably be expected to be implemented within the period 4754
specified in the plan.4755

       (D) Any financial plan may be amended subsequent to its 4756
adoption in the same manner as the passage and approval of the 4757
initial or subsequent plan pursuant to divisions (A) to (C) of 4758
this section.4759

       (E) If a municipal corporation, county, or township fails to 4760
submit a financial plan as required by this section, or fails to 4761
substantially comply with an approved financial plan, upon 4762
certification of the commission, all state funding for that 4763
municipal corporation, county, or township other than benefit 4764
assistance to individuals shall be escrowed until a feasible plan 4765
is submitted and approved or substantial compliance with the plan 4766
is achieved, as the case may be.4767

       Sec. 118.12.  (A) After the date by which the municipal 4768
corporation, county, or township is required to submit a financial 4769
plan or segment of a financial plan to the financial planning and 4770
supervision commission, if the municipal corporation, county, or 4771
township has failed to submit a financial plan or segment as 4772
required by this chapter, expenditures from the general fund of 4773
the municipal corporation, county, or township in any month may 4774
not exceed eighty-five per cent of expenditures from the general 4775
fund for such month in the preceding fiscal year, except the 4776
commission may authorize a higher per cent for any month upon 4777
justification of need by the municipal corporation, county, or 4778
township. If considered prudent by the commission, expenditures 4779
from any other fund of the municipal corporation, county, or 4780
township also may be limited.4781

       (B) After submission of a proposed financial plan by the 4782
municipal corporation, county, or township to the commission, 4783
until approval or disapproval no expenditure may be made contrary 4784
to such proposed financial plan.4785

       (C) After disapproval by the commission of a proposed 4786
financial plan, no expenditure may be made by the municipal 4787
corporation, county, or township inconsistent with the reasons for 4788
disapproval given pursuant to division (B) of section 118.06 of 4789
the Revised Code; and if the municipal corporation, county, or 4790
township fails to submit a revised financial plan within the time 4791
required, the expenditure limits of division (A) of this section 4792
are applicable.4793

       (D) After approval of a financial plan, or any amendment 4794
thereof, no expenditure may be made contrary to the approved 4795
financial plan, or amendment thereof, without the advance approval 4796
of the financial supervisor. The commission, by a majority vote, 4797
may overrule the decision of the financial supervisor.4798

       Sec. 118.17.  (A) During a fiscal emergency period and with 4799
the approval of the financial planning and supervision commission, 4800
a municipal corporation, county, or township may issue local 4801
government fund notes, in anticipation of amounts to be allocated 4802
to it pursuant to division (B) of section 5747.50 of the Revised 4803
Code or to be apportioned to it under section 5747.51 or 5747.53 4804
of the Revised Code in a future year or years, for a period of no 4805
more than eight calendar years. The principal amount of the notes 4806
and interest on the notes due and payable in any year shall not 4807
exceed fifty per cent of the total amount of local government fund 4808
moneys so allocated or apportioned to the municipal corporation, 4809
county, or township for the year preceding the year in which the 4810
notes are issued. The notes may mature in semiannual or annual 4811
installments in such amounts as may be fixed by the commission, 4812
and need not mature in substantially equal semiannual or annual 4813
installments. The notes of a municipal corporation may be 4814
authorized and issued, subject to the approval of the commission, 4815
in the manner provided in sections 717.15 and 717.16 of the 4816
Revised Code, except that, notwithstanding division (A)(2) of 4817
section 717.16 of the Revised Code, the rate or rates of interest 4818
payable on the notes shall be the prevailing market rate or rates 4819
as determined and approved by the commission, and except that they 4820
shall not be issued in anticipation of bonds, shall not constitute 4821
general obligations of the municipal corporation, and shall not 4822
pledge the full faith and credit of the municipal corporation.4823

       (B) The principal and interest on the notes provided for in 4824
this section shall be payable, as provided in this section, solely 4825
from the portion of the local government fund that would otherwise 4826
be apportioned to the municipal corporation, county, or township 4827
and shall not be payable from or constitute a pledge of or claim 4828
upon, or require the levy, collection, or application of, any 4829
unvoted ad valorem property taxes or other taxes, or in any manner 4830
occupy any portion of the indirect debt limit.4831

       (C) Local government fund notes may be issued only to the 4832
extent needed to achieve one or more of the following objectives 4833
of the financial plan:4834

       (1) Satisfying any contractual or noncontractual judgments, 4835
past due accounts payable, and all past due and payable payroll 4836
and fringe benefits to be taken into account under section 118.03 4837
of the Revised Code;4838

       (2) Restoring to construction funds or other restricted funds 4839
any money applied from such funds to uses not within the purposes 4840
of such funds and which could not be transferred to such use under 4841
section 5705.14 of the Revised Code;4842

       (3) Eliminating deficit balances in all deficit funds, 4843
including funds that may be used to pay operating expenses.4844

       In addition to the objectives set forth in divisions (C)(1) 4845
to (3) of this section, local government fund notes may be issued 4846
and the proceeds of those notes may be used for the purpose of 4847
retiring or replacing other moneys used to retire current revenue 4848
notes issued pursuant to section 118.23 of the Revised Code to the 4849
extent that the proceeds of the current revenue notes have been or 4850
are to be used directly or to replace other moneys used to achieve 4851
one or more of the objectives of the financial plan specified in 4852
divisions (C)(1) to (3) of this section. Upon authorization of the 4853
local government fund notes by the legislative authority of the 4854
municipal corporation, county, or township, the proceeds of the 4855
local government fund notes and the proceeds of any such current 4856
revenue notes shall be deemed to be appropriated, to the extent 4857
that the proceeds have been or are to be so used, for the purposes 4858
for which the revenues anticipated by any such current revenue 4859
notes are collected and appropriated within the meaning of section 4860
133.10 of the Revised Code.4861

       (D) The need for an issue of local government fund notes for 4862
such purposes shall be determined by taking into consideration 4863
other money and sources of moneys available therefor under this 4864
chapter or other provisions of law, and calculating the respective 4865
amounts needed therefor in accordance with section 118.03 of the 4866
Revised Code, including the deductions or offsets therein 4867
provided, for determining that a fiscal emergency condition 4868
exists, and by eliminating any duplication of amounts thereunder. 4869
The respective amounts needed to achieve such objectives and the 4870
resulting aggregate net amount shall be determined initially by a 4871
certification of the fiscal officer as and to the extent approved 4872
by the financial supervisor. The principal amount of such notes 4873
shall not exceed the aggregate net amount needed for such 4874
purposes. The aggregate amount of all issues of such notes shall 4875
not exceed three times the average of the allocation or 4876
apportionment to the municipal corporation, county, or township of 4877
moneys from the local government fund in each of the three fiscal 4878
years preceding the fiscal year in which the notes are issued.4879

       (E) The proceeds of the sale of local government fund notes 4880
shall be appropriated by the municipal corporation, county, or 4881
township for and shall be applied only to the purposes, and in the 4882
respective amounts for those purposes, set forth in the 4883
certification given pursuant to division (D) of this section, as 4884
the purposes and amounts may be modified in the approval by the 4885
commission provided for in this section. The proceeds shall be 4886
deposited in separate accounts with a fiscal agent designated in 4887
the resolution referred to in division (F) of this section and 4888
released only for such respective purposes in accordance with the 4889
procedures set forth in division (D) of section 118.20 of the 4890
Revised Code. Any amounts not needed for such purposes shall be 4891
deposited with the fiscal agent designated to receive deposits for 4892
payment of the principal of and interest due on the notes.4893

       (F) An application for approval by the financial planning and 4894
supervision commission of an issue of local government fund notes 4895
shall be authorized by a preliminary resolution adopted by the 4896
legislative authority. The resolution may authorize the 4897
application as a part of the initial submission of the financial 4898
plan for approval or as a part of any proposed amendment to an 4899
approved financial plan or at any time after the approval of a 4900
financial plan, or amendment to a financial plan, that proposes 4901
the issue of such notes. The preliminary resolution shall 4902
designate a fiscal agent for the deposit of the proceeds of the 4903
sale of the notes, and shall contain a covenant of the municipal 4904
corporation, county, or township to comply with this chapter and 4905
the financial plan.4906

       The commission shall review and evaluate the application and 4907
supporting certification and financial supervisor action, and 4908
shall thereupon certify its approval or disapproval, or 4909
modification and approval, of the application.4910

       The commission shall certify the amounts, maturities, 4911
interest rates, and terms of issue of the local government fund 4912
notes approved by the commission and the purposes to which the 4913
proceeds of the sale of the notes will be applied in respective 4914
amounts.4915

       The commission shall certify a copy of its approval, of the 4916
preliminary resolution, and of the related certification and 4917
action of the financial supervisor to the fiscal officer, the 4918
financial supervisor, the county budget commission, the county 4919
auditor, the county treasurer, and the fiscal agent designated to 4920
receive and disburse the proceeds of the sale of the notes.4921

       (G) Upon the sale of any local government fund notes issued 4922
under this section, the commission shall determine a schedule for 4923
the deposit of local government fund distributions that are 4924
pledged for the payment of the principal of and interest on the 4925
notes with the fiscal agent or trustee designated in the agreement 4926
between the municipal corporation, county, or township and the 4927
holders of the notes to receive and disburse the distributions. 4928
The amounts to be deposited shall be adequate to provide for the 4929
payment of principal and interest on the notes when due and to pay 4930
all other proper charges, costs, or expenses pertaining thereto.4931

       The amount of the local government fund moneys apportioned to 4932
the municipal corporation, county, or township that is to be so 4933
deposited in each year shall not be included in the tax budget and 4934
appropriation measures of the municipal corporation, county, or 4935
township, or in certificates of estimated revenues, for that year.4936

       The commission shall certify the schedule to the officers 4937
designated in division (F) of this section.4938

       (H) Deposit of amounts with the fiscal agent or trustee 4939
pursuant to the schedule determined by the commission shall be 4940
made from local government fund distributions to or apportioned to 4941
the municipal corporation, county, or township as provided in this 4942
division. The apportionment of local government fund moneys to the 4943
municipal corporation, county, or township for any year from the 4944
undivided local government fund shall be determined as to the 4945
municipal corporation, county, or township without regard to the 4946
amounts to be deposited with the fiscal agent or trustee in that 4947
year in accordance with division (G) of this section. After the 4948
amount of the undivided local government fund apportioned to the 4949
municipal corporation, county, or township for a calendar year is 4950
determined, the county auditor and the county treasurer shall 4951
withhold from each monthly amount to be distributed to the 4952
municipal corporation, county, or township from the undivided 4953
local government fund, and transmit to the fiscal agent or trustee 4954
for deposit, one-twelfth of the amount scheduled for deposit in 4955
that year pursuant to division (G) of this section.4956

       (I) If the commission approves the application, the municipal 4957
corporation, county, or township may proceed with the issuance of 4958
the notes as approved by the commission.4959

       All notes issued under authority of this section are lawful 4960
investments for the entities enumerated in division (A)(1) of 4961
section 133.03 of the Revised Code and are eligible as security 4962
for the repayment of the deposit of public moneys.4963

       Upon the issuance of any notes under this section, the fiscal 4964
officer of the municipal corporation, county, or township shall 4965
certify the fact of the issuance to the county auditor and shall 4966
also certify to the county auditor the last calendar year in which 4967
any of the notes are scheduled to mature.4968

       (J) After the legislative authority of the municipal 4969
corporation, county, or township has passed an ordinance or 4970
resolution authorizing the issuance of local government fund notes 4971
and subsequent to the commission's preliminary or final approval 4972
of the ordinance or resolution, the director of law, prosecuting 4973
attorney, or other chief legal officer of the municipal 4974
corporation, county, or township shall certify a sample of the 4975
form and content of a note to be used to issue the local 4976
government fund notes to the commission. The commission shall 4977
determine whether the sample note is consistent with this section 4978
and the ordinance or resolution authorizing the issuance of the 4979
local government fund notes, and if the sample note is found to be 4980
consistent with this section and the ordinance, the commission 4981
shall approve the sample note for use by the municipal 4982
corporation, county, or township. The form and content of the 4983
notes to be used by the municipal corporation, county, or township 4984
in issuing the local government fund notes may be modified at any 4985
time subsequent to the commission's approval of the sample note 4986
upon the approval of the commission and the director of law, 4987
prosecuting attorney, or other chief legal officer of the 4988
municipal corporation, county, or township. The failure of the 4989
director of law, prosecuting attorney, or other chief legal 4990
officer of the municipal corporation, county, or township to make 4991
the certification required by this division shall not subject that 4992
legal officer to removal pursuant to the Revised Code or the 4993
charter of a municipal corporation. If the director of law, 4994
prosecuting attorney, or other chief legal officer fails or 4995
refuses to make the certification required by this division, or if 4996
any officer of the municipal corporation, county, or township 4997
fails or refuses to take any action required by this section or 4998
the ordinance or resolution authorizing the issuance or sale of 4999
local government fund notes, the mayor of the municipal 5000
corporation or the board of county commissioners or board of 5001
township trustees may cause the commencement of a mandamus action 5002
in the supreme court against the director of law, prosecuting 5003
attorney, or other chief legal officer to secure the certification 5004
required by this division or other action required by this section 5005
or the ordinance or resolution. If an adjudication of the matters 5006
that could be adjudicated in validation proceedings under section 5007
133.70 of the Revised Code is necessary to a determination of the 5008
mandamus action, the mayor, the board of county commissioners, or 5009
the board of township trustees or the mayor's or board's legal 5010
counsel shall name and cause to be served as defendants to the 5011
mandamus action all of the following:5012

       (1) The director of law, prosecuting attorney, or other chief 5013
legal officer, or other official of the municipal corporation, 5014
county, or township, whose failure or refusal to act necessitated 5015
the action;5016

       (2) The municipal corporation, through its mayor, or the 5017
board of county commissioners or board of township trustees;5018

       (3) The financial planning and supervision commission, 5019
through its chairperson;5020

       (4) The prosecuting attorney and auditor of each county in 5021
which the municipal corporation, county, or township is located, 5022
in whole or in part;5023

       (5) The auditor of state;5024

       (6) The property owners, taxpayers, citizens of the municipal 5025
corporation, county, or township and others having or claiming any 5026
right, title, or interest in any property or funds to be affected 5027
by the issuance of the local government fund notes by the 5028
municipal corporation, county, or township, or otherwise affected 5029
in any way thereby.5030

       Service upon all defendants described in division (J)(6) of 5031
this section shall be either by publication three times, with at 5032
least six days between each publication, in a newspaper of general 5033
circulation in Franklin county and a newspaper of general 5034
circulation in the county or counties where the municipal 5035
corporation, county, or township is located, or by publication in 5036
both such newspapers as provided in section 7.16 of the Revised 5037
Code. The publication and the notice shall indicate that the 5038
nature of the action is in mandamus, the name of the parties to 5039
the action, and that the action may result in the validation of 5040
the subject local government fund notes. Authorization to commence 5041
such an action by the legislative authority of the municipal 5042
corporation, county, or township is not required.5043

       A copy of the complaint in the mandamus action shall be 5044
served personally or by certified mail upon the attorney general. 5045
If the attorney general has reason to believe that the complaint 5046
is defective, insufficient, or untrue, or if in the attorney 5047
general's opinion the issuance of the local government fund notes 5048
is not lawful or has not been duly authorized, defense shall be 5049
made to the complaint as the attorney general considers proper.5050

       (K) The action in mandamus authorized by division (J) of this 5051
section shall take priority over all other civil cases pending in 5052
the court, except habeas corpus, and shall be determined with the 5053
least possible delay. The supreme court may determine that the 5054
local government fund notes will be consistent with the purpose 5055
and effects, including not occupying the indirect debt limit, 5056
provided for in this section and will be validly issued and 5057
acquired. Such a determination shall include a finding of 5058
validation of the subject local government fund notes if the court 5059
specifically finds that:5060

       (1) The complaint in mandamus, or subsequent pleadings, 5061
include appropriate allegations required by division (C) of 5062
section 133.70 of the Revised Code, and that the proceeding is in 5063
lieu of an action to validate under section 133.70 of the Revised 5064
Code;5065

       (2) All parties described in divisions (J)(1) to (6) of this 5066
section have been duly served with notice or are otherwise 5067
properly before the court;5068

       (3) Notice of the action has been published as required by 5069
division (J) of this section;5070

       (4) The effect of validation is required to provide a 5071
complete review and determination of the controversy in mandamus, 5072
and to avoid duplication of litigation, danger of inconsistent 5073
results, or inordinate delay in light of the fiscal emergency, or 5074
that a disposition in the mandamus action would, as a practical 5075
matter, be dispositive of any subsequent validation proceedings 5076
under section 133.70 of the Revised Code.5077

       (L) Any decision that includes a finding of validation has 5078
the same effect as a validation order established by an action 5079
under section 133.70 of the Revised Code.5080

       (M) Divisions (J) and (K) of this section do not prevent a 5081
municipal corporation, county, or township from using section 5082
133.70 of the Revised Code to validate local government fund notes 5083
by the filing of a petition for validation in the court of common 5084
pleas of the county in which the municipal corporation, county, or 5085
township is located, in whole or in part.5086

       (N) It is hereby determined by the general assembly that a 5087
validation action authorized by section 133.70 of the Revised Code 5088
is not an adequate remedy at law with respect to a municipal 5089
corporation, county, or township that is a party to a mandamus 5090
action pursuant to divisions (J) and (K) of this section and in 5091
which a fiscal emergency condition has been determined to exist 5092
pursuant to section 118.04 of the Revised Code because of, but not 5093
limited to, the following reasons:5094

       (1) It is urgently necessary for such a municipal 5095
corporation, county, or township to take prompt action to issue 5096
local government fund notes for the purposes provided in division 5097
(C) of this section;5098

       (2) The potentially ruinous effect upon the fiscal condition 5099
of a municipal corporation, county, or township by the passage of 5100
the time required to adjudicate such a separate validation action 5101
and any appeals thereof;5102

       (3) The reasons stated in division (K)(4) of this section.5103

       Sec. 118.31.  (A) Upon petition of the financial supervisor 5104
and approval of the financial planning and supervision commission, 5105
if any, the attorney general shall file a court action to dissolve 5106
a municipal corporation, county, or township if all of the 5107
following conditions apply:5108

       (1) The municipal corporation, county, or township has a 5109
population of less than five thousand as of the most recent 5110
federal decennial census.5111

       (2) The municipal corporation, county, or township has been 5112
under a fiscal emergency for at least two consecutive years.5113

       (3) Implementation of the financial plan of the municipal 5114
corporation, county, or township required under this chapter 5115
cannot reasonably be expected to correct and eliminate all fiscal 5116
emergency conditions within five years.5117

       (B) If the court finds that all of the conditions described 5118
in division (A) of this section apply to the municipal 5119
corporation, county, or township, it shall enter an order removing 5120
the executive and legislative officers of the municipal 5121
corporation, county, or township and appoint a receiver to execute 5122
all management duties. The receiver, under court supervision, 5123
shall wind up the affairs of the municipal corporation, county, or 5124
township and dissolve it.5125

       Sec. 118.99.  (A) During the fiscal emergency period, no 5126
officer or employee of the municipal corporation, county, or 5127
township shall do any of the following:5128

       (1) Knowingly enter into any contract, financial obligation, 5129
or other liability of the municipal corporation, county, or 5130
township involving an expenditure, or make any expenditure in 5131
excess of the amount permitted by section 118.12 of the Revised 5132
Code;5133

       (2) Knowingly enter into any contract, financial obligation, 5134
or other liability of the municipal corporation, county, or 5135
township, or knowingly execute or deliver debt obligations, or 5136
transfer, advance, or borrow moneys from one fund of the municipal 5137
corporation, county, or township to or for any other fund of the 5138
municipal corporation, county, or township where any of such 5139
actions are required to be approved by the financial planning and 5140
supervision commission unless such actions have been so approved 5141
or deemed to be approved as provided in or pursuant to this 5142
chapter;5143

       (3) Knowingly fail or refuse to take any of the actions 5144
required by this chapter for the preparation or amendment of the 5145
financial plan, or knowingly prepare, present, or certify any 5146
information or report for the commission or any of its employees, 5147
advisory committees, task forces, or agents that is false or 5148
misleading or which is recklessly prepared or presented without 5149
due care for its accuracy, or, upon learning that any such 5150
information is false or misleading, or was recklessly prepared or 5151
presented, knowingly fail promptly to advise the commission, or 5152
the employee, advisory committee, task force, or agent to whom 5153
such information was given, of that fact;5154

       (4) Knowingly use or cause to be used moneys of a 5155
construction fund for purposes other than the lawful purposes of 5156
the construction fund, or knowingly use or cause to be used moneys 5157
of a fund created under this chapter for the payment of principal 5158
and interest on debt obligations, or a bond retirement fund, or 5159
sinking fund for other than the payment of the principal of and 5160
interest on debt obligations or other authorized costs or payments 5161
from such funds, or knowingly fail to perform the duty of such 5162
officer or employee to cause the prompt deposit of moneys to any 5163
of the funds referred to in this division.5164

       (B) The prohibitions set forth in division (A) of this 5165
section are in addition to any other prohibitions provided by law 5166
for a municipal corporation, county, or township, or by or 5167
pursuant to a municipal charter.5168

       (C) In addition to any other penalty or liability provided by 5169
law for a municipal corporation, county, or township, or by or 5170
pursuant to a municipal charter, a violation of division (A)(1), 5171
(2), (3), or (4) of this section is a misdemeanor of the second 5172
degree. Upon conviction of any officer or employee of a municipal 5173
corporation, county, or township for any violation under division 5174
(A)(1), (2), (3), or (4) of this section, such officer or employee 5175
shall forfeit office or employment. For the seven-year period 5176
immediately following the date of conviction, such officer shall 5177
also be ineligible to hold any public office or other position of 5178
trust in this state or be employed by any public entity in this 5179
state.5180

       Sec. 121.03.  The following administrative department heads 5181
shall be appointed by the governor, with the advice and consent of 5182
the senate, and shall hold their offices during the term of the 5183
appointing governor, and are subject to removal at the pleasure of 5184
the governor.5185

       (A) The director of budget and management;5186

       (B) The director of commerce;5187

       (C) The director of transportation;5188

       (D) The director of agriculture;5189

       (E) The director of job and family services;5190

       (F) Until July 1, 1997, the director of liquor control;5191

       (G) The director of public safety;5192

       (H) The superintendent of insurance;5193

       (I) The director of development;5194

       (J) The tax commissioner;5195

       (K) The director of administrative services;5196

       (L) The director of natural resources;5197

       (M) The director of mental health;5198

       (N) The director of developmental disabilities;5199

       (O) The director of health;5200

       (P) The director of youth services;5201

       (Q) The director of rehabilitation and correction;5202

       (R) The director of environmental protecti