As Pending in the Senate Finance Committee

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




A BILL
To amend sections 7.10, 7.11, 7.12, 9.03, 9.06, 1
9.231, 9.24, 9.312, 9.314, 9.33, 9.331, 9.332, 2
9.333, 9.82, 9.823, 9.833, 9.90, 9.901, 101.532, 3
101.82, 102.02, 105.41, 107.09, 109.36, 109.57, 4
109.572, 109.64, 109.71, 109.801, 111.12, 111.16, 5
111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 6
118.06, 118.12, 118.17, 118.99, 120.40, 121.03, 7
121.04, 121.22, 121.37, 121.40, 121.401, 121.402, 8
121.403, 121.404, 122.121, 122.171, 122.76, 9
123.01, 123.011, 123.10, 124.09, 124.11, 124.14, 10
124.141, 124.15, 124.23, 124.231, 124.24, 124.25, 11
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 12
125.15, 125.18, 125.28, 125.89, 126.021, 126.12, 13
126.21, 126.24, 126.45, 126.46, 126.50, 126.503, 14
127.14, 127.16, 127.162, 131.02, 131.23, 131.44, 15
131.51, 133.01, 133.06, 133.18, 133.20, 133.55, 16
135.05, 135.61, 135.65, 135.66, 145.27, 145.56, 17
149.01, 149.091, 149.11, 149.311, 149.351, 149.38, 18
149.43, 153.01, 153.012, 153.02, 153.03, 153.07, 19
153.08, 153.50, 153.51, 153.52, 153.54, 153.56, 20
153.581, 153.65, 153.66, 153.67, 153.69, 153.70, 21
153.71, 153.80, 154.02, 154.07, 154.11, 166.02, 22
173.14, 173.21, 173.26, 173.35, 173.351, 173.36, 23
173.391, 173.40, 173.401, 173.403, 173.404, 24
173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 25
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 26
301.02, 301.15, 301.28, 305.171, 306.35, 306.43, 27
306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 28
307.70, 307.79, 307.791, 307.80, 307.802, 307.803, 29
307.806, 307.81, 307.82, 307.83, 307.84, 307.842, 30
307.843, 307.846, 307.86, 308.13, 311.29, 311.31, 31
317.20, 317.321, 319.11, 319.301, 319.54, 319.63, 32
321.18, 321.261, 322.02, 322.021, 323.08, 323.73, 33
323.75, 324.02, 324.021, 325.20, 340.02, 340.03, 34
340.033, 340.05, 340.091, 340.11, 341.192, 343.08, 35
345.03, 349.03, 501.07, 503.05, 503.162, 503.41, 36
504.02, 504.03, 504.12, 504.16, 504.21, 505.101, 37
505.105, 505.106, 505.107, 505.108, 505.109, 38
505.17, 505.172, 505.24, 505.264, 505.267, 505.28, 39
505.373, 505.43, 505.48, 505.481, 505.49, 505.491, 40
505.492, 505.493, 505.494, 505.495, 505.50, 41
505.51, 505.511, 505.52, 505.53, 505.54, 505.541, 42
505.55, 505.60, 505.601, 505.603, 505.61, 505.67, 43
505.73, 507.09, 509.15, 511.01, 511.12, 511.23, 44
511.235, 511.236, 511.25, 511.28, 511.34, 513.14, 45
515.01, 515.04, 515.07, 517.06, 517.12, 517.22, 46
521.03, 521.05, 705.16, 709.43, 709.44, 711.35, 47
715.011, 715.47, 718.01, 718.09, 718.10, 719.012, 48
719.05, 721.03, 721.15, 721.20, 723.07, 727.011, 49
727.012, 727.08, 727.14, 727.46, 729.08, 729.11, 50
731.14, 731.141, 731.20, 731.21, 731.211, 731.22, 51
731.23, 731.24, 731.25, 735.05, 735.20, 737.04, 52
737.041, 737.32, 737.40, 742.41, 745.07, 747.05, 53
747.11, 747.12, 755.16, 755.29, 755.41, 755.42, 54
755.43, 759.47, 901.09, 924.52, 927.69, 951.11, 55
955.011, 955.012, 1309.528, 1327.46, 1327.50, 56
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 57
1327.99, 1329.04, 1329.42, 1332.24, 1345.73, 58
1347.08, 1501.022, 1501.40, 1503.05, 1503.141, 59
1505.01, 1505.04, 1505.06, 1505.09, 1505.11, 60
1505.99, 1506.21, 1509.01, 1509.02, 1509.021, 61
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 62
1509.061, 1509.062, 1509.07, 1509.071, 1509.072, 63
1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 64
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 65
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 66
1509.222, 1509.223, 1509.224, 1509.225, 1509.226, 67
1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 68
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 69
1509.34, 1509.36, 1509.38, 1509.40, 1509.50, 70
1510.01, 1510.08, 1515.08, 1515.14, 1515.24, 71
1517.02, 1517.03, 1531.04, 1533.10, 1533.11, 72
1533.111, 1533.32, 1533.731, 1533.83, 1541.03, 73
1541.05, 1545.071, 1545.09, 1545.12, 1545.131, 74
1545.132, 1547.30, 1547.301, 1547.302, 1547.303, 75
1547.304, 1551.311, 1551.32, 1551.33, 1551.35, 76
1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 77
1555.08, 1555.17, 1561.06, 1561.12, 1561.13, 78
1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 79
1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 80
1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 81
1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 82
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 83
1711.05, 1711.07, 1711.18, 1711.30, 1728.06, 84
1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 85
1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 86
1751.31, 1751.34, 1751.60, 1761.04, 1776.83, 87
1785.06, 1901.02, 1901.18, 1901.261, 1901.262, 88
1907.261, 1907.262, 1907.53, 1909.11, 1923.01, 89
1923.02, 1923.061, 1923.15, 2101.08, 2101.162, 90
2105.09, 2151.011, 2151.3515, 2151.412, 2151.421, 91
2151.424, 2151.541, 2152.72, 2301.03, 2301.031, 92
2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 93
2301.24, 2301.25, 2301.26, 2303.201, 2305.01, 94
2305.232, 2317.02, 2317.422, 2319.27, 2329.26, 95
2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 96
2744.05, 2901.01, 2903.33, 2907.15, 2915.01, 97
2917.40, 2919.271, 2921.41, 2929.71, 2935.01, 98
2935.03, 2939.11, 2945.371, 2945.38, 2945.39, 99
2945.40, 2945.401, 2945.402, 2949.14, 2953.08, 100
2981.11, 2981.13, 3109.16, 3111.04, 3113.06, 101
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 102
3123.56, 3123.58, 3123.59, 3123.63, 3301.07, 103
3301.071, 3301.079, 3301.0710, 3301.0711, 104
3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70, 105
3302.02, 3302.031, 3302.05, 3302.07, 3304.181, 106
3304.182, 3305.08, 3306.12, 3307.20, 3307.31, 107
3307.41, 3307.64, 3309.22, 3309.41, 3309.48, 108
3309.51, 3309.66, 3310.02, 3310.03, 3310.05, 109
3310.08, 3310.41, 3311.05, 3311.054, 3311.056, 110
3311.06, 3311.19, 3311.21, 3311.213, 3311.214, 111
3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 112
3311.76, 3313.29, 3313.372, 3313.41, 3313.46, 113
3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 114
3313.611, 3313.612, 3313.614, 3313.64, 3313.6410, 115
3313.65, 3313.75, 3313.816, 3313.842, 3313.843, 116
3313.845, 3313.911, 3313.97, 3313.975, 3313.978, 117
3313.981, 3314.012, 3314.015, 3314.02, 3314.021, 118
3314.023, 3314.03, 3314.05, 3314.051, 3314.07, 119
3314.08, 3314.087, 3314.088, 3314.091, 3314.10, 120
3314.13, 3314.19, 3314.35, 3314.36, 3315.01, 121
3316.041, 3316.06, 3316.08, 3316.20, 3317.01, 122
3317.013, 3317.014, 3317.018, 3317.02, 3317.021, 123
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 124
3317.0211, 3317.03, 3317.031, 3317.05, 3317.051, 125
3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 126
3317.081, 3317.082, 3317.09, 3317.11, 3317.12, 127
3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 128
3318.011, 3318.032, 3318.034, 3318.05, 3318.051, 129
3318.08, 3318.12, 3318.31, 3318.36, 3318.37, 130
3318.38, 3318.41, 3319.081, 3319.17, 3319.19, 131
3319.227, 3319.26, 3319.31, 3319.311, 3319.39, 132
3319.57, 3319.71, 3323.09, 3323.091, 3323.14, 133
3323.142, 3323.31, 3324.05, 3325.08, 3326.11, 134
3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 135
3329.08, 3331.01, 3333.03, 3333.043, 3333.31, 136
3333.38, 3333.66, 3333.81, 3333.82, 3333.83, 137
3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 138
3345.061, 3345.14, 3345.32, 3349.29, 3353.04, 139
3354.12, 3354.16, 3355.09, 3357.16, 3365.01, 140
3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 141
3505.13, 3506.05, 3701.021, 3701.023, 3701.07, 142
3701.61, 3701.74, 3701.83, 3702.59, 3704.06, 143
3704.14, 3705.24, 3709.085, 3709.09, 3709.092, 144
3709.21, 3717.01, 3717.53, 3719.141, 3721.01, 145
3721.011, 3721.02, 3721.031, 3721.04, 3721.50, 146
3721.51, 3721.561, 3721.58, 3721.99, 3722.01, 147
3722.011, 3722.02, 3722.021, 3722.022, 3722.04, 148
3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 149
3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 150
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 151
3722.18, 3729.01, 3733.02, 3733.021, 3733.022, 152
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 153
3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 154
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 155
3733.123, 3733.13, 3733.14, 3733.15, 3733.17, 156
3733.18, 3733.19, 3733.20, 3733.21, 3733.41, 157
3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 158
3734.20, 3734.21, 3734.22, 3734.23, 3734.24, 159
3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 160
3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 161
3737.73, 3737.83, 3737.841, 3737.87, 3737.88, 162
3743.06, 3743.19, 3743.52, 3743.53, 3743.54, 163
3745.015, 3745.05, 3745.11, 3746.02, 3750.081, 164
3767.32, 3769.08, 3769.20, 3769.26, 3770.02, 165
3770.05, 3770.06, 3772.032, 3772.062, 3781.06, 166
3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 167
3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 168
3924.10, 3937.41, 3963.01, 3963.11, 4111.14, 169
4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 170
4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 171
4117.01, 4117.03, 4121.03, 4121.12, 4121.121, 172
4121.125, 4121.128, 4121.44, 4123.27, 4123.341, 173
4123.342, 4123.35, 4131.03, 4131.031, 4141.08, 174
4141.11, 4141.33, 4301.01, 4301.12, 4301.17, 175
4301.43, 4301.62, 4301.80, 4301.81, 4303.02, 176
4503.03, 4503.06, 4503.061, 4503.062, 4503.235, 177
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 178
4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 179
4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 180
4510.22, 4510.72, 4511.191, 4511.193, 4513.39, 181
4513.60, 4513.61, 4513.62, 4513.63, 4513.64, 182
4513.66, 4517.01, 4517.02, 4517.04, 4517.09, 183
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 184
4517.24, 4517.44, 4549.17, 4582.12, 4582.31, 185
4585.10, 4705.021, 4725.34, 4725.48, 4725.50, 186
4725.52, 4725.57, 4729.52, 4731.65, 4731.71, 187
4733.15, 4733.151, 4735.01, 4735.02, 4735.03, 188
4735.05, 4735.052, 4735.06, 4735.07, 4735.09, 189
4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 190
4735.15, 4735.16, 4735.17, 4735.18, 4735.181, 191
4735.182, 4735.19, 4735.20, 4735.21, 4735.211, 192
4735.32, 4735.55, 4735.58, 4735.59, 4735.62, 193
4735.68, 4735.71, 4735.74, 4736.12, 4743.05, 194
4757.31, 4776.01, 4781.01, 4781.02, 4781.04, 195
4781.07, 4781.09, 4781.14, 4781.15, 4781.99, 196
4905.90, 4906.01, 4909.15, 4911.02, 4928.18, 197
4928.20, 4929.26, 4929.27, 4931.40, 4931.51, 198
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 199
5101.183, 5101.244, 5101.26, 5101.27, 5101.271, 200
5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 201
5101.46, 5101.47, 5101.50, 5101.571, 5101.573, 202
5101.58, 5101.60, 5101.61, 5101.98, 5104.01, 203
5104.011, 5104.012, 5104.013, 5104.03, 5104.04, 204
5104.05, 5104.13, 5104.30, 5104.32, 5104.34, 205
5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 206
5104.42, 5104.43, 5104.99, 5111.012, 5111.013, 207
5111.0112, 5111.021, 5111.023, 5111.025, 5111.031, 208
5111.06, 5111.113, 5111.13, 5111.151, 5111.16, 209
5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 210
5111.222, 5111.23, 5111.231, 5111.235, 5111.24, 211
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 212
5111.258, 5111.27, 5111.28, 5111.33, 5111.35, 213
5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 214
5111.672, 5111.68, 5111.681, 5111.687, 5111.689, 215
5111.85, 5111.871, 5111.872, 5111.873, 5111.874, 216
5111.877, 5111.88, 5111.89, 5111.891, 5111.894, 217
5111.911, 5111.912, 5111.913, 5111.94, 5111.941, 218
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 219
5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 220
5119.01, 5119.02, 5119.06, 5119.16, 5119.18, 221
5119.22, 5119.61, 5119.611, 5119.613, 5119.62, 222
5119.621, 5119.99, 5120.105, 5120.135, 5120.17, 223
5120.22, 5120.28, 5120.29, 5122.01, 5122.15, 224
5122.21, 5122.31, 5123.01, 5123.0413, 5123.0417, 225
5123.051, 5123.171, 5123.18, 5123.19, 5123.191, 226
5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 227
5126.029, 5126.04, 5126.042, 5126.05, 5126.054, 228
5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 229
5126.12, 5126.24, 5126.41, 5126.42, 5139.11, 230
5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 231
5502.52, 5502.522, 5502.61, 5502.68, 5505.04, 232
5505.22, 5525.04, 5540.03, 5540.031, 5540.05, 233
5543.10, 5549.21, 5552.06, 5553.05, 5553.19, 234
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 235
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 236
5571.011, 5573.02, 5573.10, 5575.01, 5575.02, 237
5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 238
5703.05, 5703.37, 5703.58, 5705.01, 5705.14, 239
5705.16, 5705.191, 5705.194, 5705.196, 5705.21, 240
5705.211, 5705.214, 5705.218, 5705.25, 5705.251, 241
5705.261, 5705.29, 5705.314, 5705.392, 5705.412, 242
5705.71, 5707.031, 5709.07, 5709.084, 5709.62, 243
5709.63, 5709.632, 5713.01, 5715.17, 5715.23, 244
5715.26, 5719.04, 5721.01, 5721.03, 5721.04, 245
5721.18, 5721.19, 5721.30, 5721.31, 5721.32, 246
5721.37, 5721.38, 5721.42, 5722.13, 5723.05, 247
5723.18, 5725.151, 5725.24, 5725.98, 5727.57, 248
5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 249
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 250
5739.01, 5739.02, 5739.021, 5739.022, 5739.026, 251
5739.07, 5739.101, 5739.19, 5739.30, 5747.01, 252
5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 253
5747.53, 5748.01, 5748.02, 5748.021, 5748.04, 254
5748.05, 5748.08, 5748.081, 5751.01, 5751.011, 255
5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 256
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 257
6103.081, 6103.31, 6105.131, 6109.21, 6111.038, 258
6111.044, 6111.46, 6115.01, 6115.20, 6117.05, 259
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 260
6119.18, 6119.22, 6119.25, and 6119.58; to amend, 261
for the purpose of adopting new section numbers as 262
indicated in parentheses, sections 173.35 263
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 264
505.481 (505.482), 505.482 (505.481), 3306.12 265
(3317.0212), 3314.20 (3313.473), 3721.561 266
(3721.56), 3722.01 (5119.70), 3722.011 (5119.701), 267
3722.02 (5119.71), 3722.021 (5119.711), 3722.022 268
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 269
3722.041 (5119.731), 3722.05 (5119.74), 3722.06 270
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 271
3722.09 (5119.78), 3722.10 (5119.79), 3722.11 272
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 273
3722.14 (5119.83), 3722.15 (5119.84), 3722.151 274
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 275
3722.18 (5119.88), 3733.02 (4781.26), 3733.021 276
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 277
3733.025 (4781.34), 3733.03 (4781.27), 3733.04 278
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 279
3733.08 (4781.35), 3733.09 (4781.36), 3733.091 280
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 281
3733.11 (4781.40), 3733.12 (4781.41), 3733.121 282
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 283
3733.13 (4781.45), 3733.14 (4781.46), 3733.15 284
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 285
3733.18 (4781.50), 3733.19 (4781.51), 3733.20 286
(4781.52), 3733.49 (3733.43), 5101.271 (5101.272), 287
5101.272 (5101.273), 5101.5110 (5101.5111), 288
5111.14 (5111.141), 5111.261 (5111.263), 5111.892 289
(5111.893), 5119.612 (5119.613), and 5119.613 290
(5119.614); to enact new sections 3314.016, 291
3733.42, 5101.271, 5101.5110, 5111.14, 5111.261, 292
5111.861, 5111.892, 5119.612, 5126.18, and 293
5747.52, and sections 7.16, 9.334, 9.335, 9.336, 294
9.482, 101.36, 101.711, 111.181, 111.28, 111.29, 295
113.42, 113.43, 113.44, 113.47, 118.025, 118.31, 296
124.394, 125.024, 125.182, 125.213, 126.10, 297
126.141, 126.60, 126.601, 126.602, 126.603, 298
126.604, 127.19, 131.024, 149.308, 153.501, 299
153.502, 153.503, 153.504, 153.53, 153.55, 300
153.692, 153.693, 153.694, 153.695, 153.72, 301
153.73, 154.24, 154.25, 167.081, 173.41, 305.23, 302
306.322, 306.55, 306.551, 307.847, 317.06, 303
505.483, 505.484, 505.551, 523.01, 523.02, 523.03, 304
523.04, 523.05, 523.06, 523.09, 709.451, 709.452, 305
918.221, 1327.501, 1505.05, 1509.022, 1541.25, 306
1541.26, 1571.012, 1571.013, 1571.014, 2151.429, 307
2335.061, 3123.591, 3301.81, 3302.042, 3302.06, 308
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 309
3302.066, 3302.067, 3302.068, 3302.12, 3302.20, 310
3302.21, 3302.22, 3302.25, 3302.30, 3310.51, 311
3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 312
3310.56, 3310.57, 3310.58, 3310.59, 3310.60, 313
3310.61, 3310.62, 3310.63, 3310.64, 3311.0510, 314
3313.411, 3313.538, 3313.846, 3313.88, 3314.0210, 315
3314.46, 3316.21, 3318.054, 3318.371, 3318.48, 316
3318.49, 3318.60, 3319.0810, 3319.228, 3319.58, 317
3323.052, 3328.01 to 3328.04, 3328.11 to 3328.15, 318
3328.17 to 3328.19, 3328.191, 3328.192, 3328.193, 319
3328.20 to 3328.26, 3328.31 to 3328.36, 3328.41, 320
3328.45, 3328.50, 3328.99, 3333.0411, 3333.43, 321
3333.93, 3333.94, 3345.023, 3345.55, 3345.81, 322
3353.15, 3701.0211, 3701.032, 3709.341, 3717.54, 323
3734.577, 3745.016, 3770.15, 3793.061, 3901.56, 324
3903.301, 4303.209, 4313.01, 4313.02, 4781.121, 325
4781.54, 4911.021, 5101.504, 5101.5210, 5111.0122, 326
5111.0123, 5111.0124, 5111.0125, 5111.0212, 327
5111.0213, 5111.0214, 5111.0215, 5111.035, 328
5111.051, 5111.052, 5111.053, 5111.063, 5111.085, 329
5111.161, 5111.1711, 5111.224, 5111.225, 5111.259, 330
5111.862, 5111.863, 5111.864, 5111.865, 5111.944, 331
5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 332
5119.222, 5119.622, 5119.623, 5119.693, 5120.092, 333
5122.341, 5123.0418, 5123.0419, 5703.059, 5725.34, 334
5729.17, 5748.09, 5751.41, 6115.231, and 6119.061; 335
and to repeal sections 7.14, 122.0818, 122.452, 336
126.04, 126.501, 126.502, 126.507, 165.031, 181.21 337
to 181.26, 340.08, 701.04, 1501.031, 1551.13, 338
2301.19, 3123.52, 3123.61, 3123.612, 3123.613, 339
3123.614, 3301.82, 3306.01, 3306.011, 3306.012, 340
3306.02, 3306.03, 3306.04, 3306.05, 3306.051, 341
3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 342
3306.091, 3306.10, 3306.11, 3306.13, 3306.19, 343
3306.191, 3306.192, 3306.21, 3306.22, 3306.29, 344
3306.291, 3306.292, 3306.51, 3306.52, 3306.53, 345
3306.54, 3306.55, 3306.56, 3306.57, 3306.58, 346
3306.59, 3311.059, 3314.013, 3314.014, 3314.016, 347
3314.017, 3314.082, 3314.085, 3314.11, 3314.111, 348
3317.011, 3317.016, 3317.017, 3317.0216, 3317.04, 349
3317.17, 3319.62, 3329.16, 3335.45, 3349.242, 350
3706.042, 3721.56, 3722.99, 3733.01, 3733.031, 351
3733.07, 3733.22, 3733.23, 3733.24, 3733.25, 352
3733.26, 3733.27, 3733.28, 3733.29, 3733.30, 353
3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 354
3733.46, 3733.47, 3733.471, 3733.48, 3733.99, 355
3923.90, 3923.91, 4115.032, 4121.75, 4121.76, 356
4121.77, 4121.78, 4121.79, 4582.37, 4981.23, 357
5101.34, 5101.341, 5101.342, 5101.343, 5101.5211, 358
5101.5212, 5101.5213, 5101.5214, 5101.5215, 359
5101.5216, 5111.243, 5111.34, 5111.861, 5111.893, 360
5111.971, 5122.36, 5123.172, 5123.181, 5123.193, 361
5123.211, 5126.18, 5126.19, 5747.52, and 5901.021 362
of the Revised Code; to amend Section 205.10 of 363
Am. Sub. H.B. 114 of the 129th General Assembly, 364
Section 211 of Sub. H.B. 123 of the 129th General 365
Assembly, Sections 125.10 and 753.60 of Am. Sub. 366
H.B. 1 of the 128th General Assembly, Section 367
105.20 of Sub. H.B. 462 of the 128th General 368
Assembly, Section 105.40.70 of Sub. H.B. 462 of 369
the 128th General Assembly, as subsequently 370
amended, Section 6 of Am. Sub. S.B. 124 of the 371
128th General Assembly, Section 5 of Sub. H.B. 125 372
of the 127th General Assembly, as subsequently 373
amended, and Section 153 of Am. Sub. H.B. 117 of 374
the 121st General Assembly, as subsequently 375
amended; to repeal Section 5 of Sub. H.B. 2 of the 376
127th General Assembly; to amend the version of 377
section 5111.913 of the Revised Code that results 378
from Section 101.01 of this act on July 1, 2012; 379
to amend sections 3721.16, 5111.709, 5119.221, 380
5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 381
5122.31, 5122.32, 5123.092, 5123.19, 5123.191, 382
5123.35, 5123.60, 5123.61, 5123.63, 5123.64, 383
5123.69, 5123.701, 5123.86, 5123.99, and 5126.33, 384
to amend section 5123.60 (5123.601) for the 385
purpose of adopting a new section number as 386
indicated in parentheses, to enact new sections 387
5123.60 and 5123.602, and to repeal sections 388
5123.601, 5123.602, 5123.603, 5123.604, and 389
5123.605 of the Revised Code on October 1, 2012; 390
and to terminate certain provisions of this act on 391
June 30, 2013, by repealing sections 126.60, 392
126.601, 126.602, 126.603, 126.604, and 126.605 of 393
the Revised Code on that date; to make operating 394
appropriations for the biennium beginning July 1, 395
2011, and ending June 30, 2013; and to provide 396
authorization and conditions for the operation of 397
programs, including reforms for the efficient and 398
effective operation of state and local government.399


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, 400
9.231, 9.24, 9.312, 9.314, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823, 401
9.833, 9.90, 9.901, 101.532, 101.82, 102.02, 105.41, 107.09, 402
109.36, 109.57, 109.572, 109.64, 109.71, 109.801, 111.12, 111.16, 403
111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 118.12, 404
118.17, 118.99, 120.40, 121.03, 121.04, 121.22, 121.37, 121.40, 405
121.401, 121.402, 121.403, 121.404, 122.121, 122.171, 122.76, 406
123.01, 123.011, 123.10, 124.09, 124.11, 124.14, 124.141, 124.15, 407
124.23, 124.231, 124.24, 124.25, 124.26, 124.27, 124.31, 124.34, 408
124.393, 125.021, 125.15, 125.18, 125.28, 125.89, 126.021, 126.12, 409
126.21, 126.24, 126.45, 126.46, 126.50, 126.503, 127.14, 127.16, 410
127.162, 131.02, 131.23, 131.44, 131.51, 133.01, 133.06, 133.18, 411
133.20, 133.55, 135.05, 135.61, 135.65, 135.66, 145.27, 145.56, 412
149.01, 149.091, 149.11, 149.311, 149.351, 149.38, 149.43, 153.01, 413
153.012, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 414
153.54, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70, 415
153.71, 153.80, 154.02, 154.07, 154.11, 166.02, 173.14, 173.21, 416
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 417
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 418
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15, 419
301.28, 305.171, 306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 420
307.12, 307.676, 307.70, 307.79, 307.791, 307.80, 307.802, 421
307.803, 307.806, 307.81, 307.82, 307.83, 307.84, 307.842, 422
307.843, 307.846, 307.86, 308.13, 311.29, 311.31, 317.20, 317.321, 423
319.11, 319.301, 319.54, 319.63, 321.18, 321.261, 322.02, 322.021, 424
323.08, 323.73, 323.75, 324.02, 324.021, 325.20, 340.02, 340.03, 425
340.033, 340.05, 340.091, 340.11, 341.192, 343.08, 345.03, 349.03, 426
501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12, 504.16, 427
504.21, 505.101, 505.105, 505.106, 505.107, 505.108, 505.109, 428
505.17, 505.172, 505.24, 505.264, 505.267, 505.28, 505.373, 429
505.43, 505.48, 505.481, 505.49, 505.491, 505.492, 505.493, 430
505.494, 505.495, 505.50, 505.51, 505.511, 505.52, 505.53, 505.54, 431
505.541, 505.55, 505.60, 505.601, 505.603, 505.61, 505.67, 505.73, 432
507.09, 509.15, 511.01, 511.12, 511.23, 511.235, 511.236, 511.25, 433
511.28, 511.34, 513.14, 515.01, 515.04, 515.07, 517.06, 517.12, 434
517.22, 521.03, 521.05, 705.16, 709.43, 709.44, 711.35, 715.011, 435
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 721.15, 436
721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 729.08, 437
729.11, 731.14, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23, 438
731.24, 731.25, 735.05, 735.20, 737.04, 737.041, 737.32, 737.40, 439
742.41, 745.07, 747.05, 747.11, 747.12, 755.16, 755.29, 755.41, 440
755.42, 755.43, 759.47, 901.09, 924.52, 927.69, 951.11, 955.011, 441
955.012, 1309.528, 1327.46, 1327.50, 1327.51, 1327.511, 1327.54, 442
1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1345.73, 443
1347.08, 1501.022, 1501.40, 1503.05, 1503.141, 1505.01, 1505.04, 444
1505.06, 1505.09, 1505.11, 1505.99, 1506.21, 1509.01, 1509.02, 445
1509.021, 1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 446
1509.062, 1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 447
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 448
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 449
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 450
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 451
1509.36, 1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 452
1515.14, 1515.24, 1517.02, 1517.03, 1531.04, 1533.10, 1533.11, 453
1533.111, 1533.32, 1533.731, 1533.83, 1541.03, 1541.05, 1545.071, 454
1545.09, 1545.12, 1545.131, 1545.132, 1547.30, 1547.301, 1547.302, 455
1547.303, 1547.304, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 456
1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 457
1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 458
1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 459
1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 460
1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 461
1711.07, 1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 462
1751.11, 1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 463
1751.31, 1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.02, 464
1901.18, 1901.261, 1901.262, 1907.261, 1907.262, 1907.53, 1909.11, 465
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2101.162, 2105.09, 466
2151.011, 2151.3515, 2151.412, 2151.421, 2151.424, 2151.541, 467
2152.72, 2301.03, 2301.031, 2301.18, 2301.20, 2301.21, 2301.22, 468
2301.23, 2301.24, 2301.25, 2301.26, 2303.201, 2305.01, 2305.232, 469
2317.02, 2317.422, 2319.27, 2329.26, 2335.05, 2335.06, 2501.16, 470
2501.17, 2743.09, 2744.05, 2901.01, 2903.33, 2907.15, 2915.01, 471
2917.40, 2919.271, 2921.41, 2929.71, 2935.01, 2935.03, 2939.11, 472
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2945.402, 2949.14, 473
2953.08, 2981.11, 2981.13, 3109.16, 3111.04, 3113.06, 3119.54, 474
3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 475
3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 3301.0711, 476
3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70, 3302.02, 477
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3305.08, 3306.12, 478
3307.20, 3307.31, 3307.41, 3307.64, 3309.22, 3309.41, 3309.48, 479
3309.51, 3309.66, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41, 480
3311.05, 3311.054, 3311.056, 3311.06, 3311.19, 3311.21, 3311.213, 481
3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 3311.76, 482
3313.29, 3313.372, 3313.41, 3313.46, 3313.482, 3313.533, 3313.55, 483
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 3313.64, 484
3313.6410, 3313.65, 3313.75, 3313.816, 3313.842, 3313.843, 485
3313.845, 3313.911, 3313.97, 3313.975, 3313.978, 3313.981, 486
3314.012, 3314.015, 3314.02, 3314.021, 3314.023, 3314.03, 3314.05, 487
3314.051, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091, 3314.10, 488
3314.13, 3314.19, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 489
3316.08, 3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 490
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 491
3317.0211, 3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 492
3317.06, 3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 493
3317.11, 3317.12, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 494
3318.011, 3318.032, 3318.034, 3318.05, 3318.051, 3318.08, 3318.12, 495
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 3319.081, 3319.17, 496
3319.19, 3319.227, 3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 497
3319.71, 3323.09, 3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 498
3325.08, 3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 499
3329.08, 3331.01, 3333.03, 3333.043, 3333.31, 3333.38, 3333.66, 500
3333.81, 3333.82, 3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 501
3334.19, 3345.061, 3345.14, 3345.32, 3349.29, 3353.04, 3354.12, 502
3354.16, 3355.09, 3357.16, 3365.01, 3365.08, 3375.41, 3381.11, 503
3501.03, 3501.17, 3505.13, 3506.05, 3701.021, 3701.023, 3701.07, 504
3701.61, 3701.74, 3701.83, 3702.59, 3704.06, 3704.14, 3705.24, 505
3709.085, 3709.09, 3709.092, 3709.21, 3717.01, 3717.53, 3719.141, 506
3721.01, 3721.011, 3721.02, 3721.031, 3721.04, 3721.50, 3721.51, 507
3721.561, 3721.58, 3721.99, 3722.01, 3722.011, 3722.02, 3722.021, 508
3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 509
3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 510
3722.151, 3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021, 511
3733.022, 3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 512
3733.08, 3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 513
3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.17, 514
3733.18, 3733.19, 3733.20, 3733.21, 3733.41, 3734.02, 3734.05, 515
3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23, 516
3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 3734.57, 517
3734.85, 3734.901, 3735.36, 3735.66, 3737.73, 3737.83, 3737.841, 518
3737.87, 3737.88, 3743.06, 3743.19, 3743.52, 3743.53, 3743.54, 519
3745.015, 3745.05, 3745.11, 3746.02, 3750.081, 3767.32, 3769.08, 520
3769.20, 3769.26, 3770.02, 3770.05, 3770.06, 3772.032, 3772.062, 521
3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 3901.3814, 522
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3937.41, 3963.01, 523
3963.11, 4111.14, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 524
4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 525
4121.03, 4121.12, 4121.121, 4121.125, 4121.128, 4121.44, 4123.27, 526
4123.341, 4123.342, 4123.35, 4131.03, 4131.031, 4141.08, 4141.11, 527
4141.33, 4301.01, 4301.12, 4301.17, 4301.43, 4301.62, 4301.80, 528
4301.81, 4303.02, 4503.03, 4503.06, 4503.061, 4503.062, 4503.235, 529
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18, 530
4506.071, 4507.111, 4507.164, 4507.1612, 4507.45, 4509.101, 531
4509.81, 4510.10, 4510.22, 4510.72, 4511.191, 4511.193, 4513.39, 532
4513.60, 4513.61, 4513.62, 4513.63, 4513.64, 4513.66, 4517.01, 533
4517.02, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14, 534
4517.23, 4517.24, 4517.44, 4549.17, 4582.12, 4582.31, 4585.10, 535
4705.021, 4725.34, 4725.48, 4725.50, 4725.52, 4725.57, 4729.52, 536
4731.65, 4731.71, 4733.15, 4733.151, 4735.01, 4735.02, 4735.03, 537
4735.05, 4735.052, 4735.06, 4735.07, 4735.09, 4735.10, 4735.13, 538
4735.14, 4735.141, 4735.142, 4735.15, 4735.16, 4735.17, 4735.18, 539
4735.181, 4735.182, 4735.19, 4735.20, 4735.21, 4735.211, 4735.32, 540
4735.55, 4735.58, 4735.59, 4735.62, 4735.68, 4735.71, 4735.74, 541
4736.12, 4743.05, 4757.31, 4776.01, 4781.01, 4781.02, 4781.04, 542
4781.07, 4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 4906.01, 543
4909.15, 4911.02, 4928.18, 4928.20, 4929.26, 4929.27, 4931.40, 544
4931.51, 4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 545
5101.244, 5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 546
5101.35, 5101.37, 5101.46, 5101.47, 5101.50, 5101.571, 5101.573, 547
5101.58, 5101.60, 5101.61, 5101.98, 5104.01, 5104.011, 5104.012, 548
5104.013, 5104.03, 5104.04, 5104.05, 5104.13, 5104.30, 5104.32, 549
5104.34, 5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 550
5104.43, 5104.99, 5111.012, 5111.013, 5111.0112, 5111.021, 551
5111.023, 5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 552
5111.151, 5111.16, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 553
5111.222, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 554
5111.244, 5111.25, 5111.251, 5111.254, 5111.258, 5111.27, 5111.28, 555
5111.33, 5111.35, 5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 556
5111.672, 5111.68, 5111.681, 5111.687, 5111.689, 5111.85, 557
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 5111.88, 558
5111.89, 5111.891, 5111.894, 5111.911, 5111.912, 5111.913, 559
5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 560
5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 561
5119.06, 5119.16, 5119.18, 5119.22, 5119.61, 5119.611, 5119.613, 562
5119.62, 5119.621, 5119.99, 5120.105, 5120.135, 5120.17, 5120.22, 563
5120.28, 5120.29, 5122.01, 5122.15, 5122.21, 5122.31, 5123.01, 564
5123.0413, 5123.0417, 5123.051, 5123.171, 5123.18, 5123.19, 565
5123.191, 5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 5126.029, 566
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511, 567
5126.0512, 5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42, 568
5139.11, 5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 5502.52, 569
5502.522, 5502.61, 5502.68, 5505.04, 5505.22, 5525.04, 5540.03, 570
5540.031, 5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19, 571
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10, 572
5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01, 573
5575.02, 5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 5703.05, 574
5703.37, 5703.58, 5705.01, 5705.14, 5705.16, 5705.191, 5705.194, 575
5705.196, 5705.21, 5705.211, 5705.214, 5705.218, 5705.25, 576
5705.251, 5705.261, 5705.29, 5705.314, 5705.392, 5705.412, 577
5705.71, 5707.031, 5709.07, 5709.084, 5709.62, 5709.63, 5709.632, 578
5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 5721.01, 5721.03, 579
5721.04, 5721.18, 5721.19, 5721.30, 5721.31, 5721.32, 5721.37, 580
5721.38, 5721.42, 5722.13, 5723.05, 5723.18, 5725.151, 5725.24, 581
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 582
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.01, 5739.02, 583
5739.021, 5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30, 584
5747.01, 5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.53, 585
5748.01, 5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081, 586
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 587
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 588
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 589
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 590
6119.22, 6119.25, and 6119.58 be amended; sections 173.35 591
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 505.481 592
(505.482), 505.482 (505.481), 3306.12 (3317.0212), 3314.20 593
(3313.473), 3721.561 (3721.56), 3722.01 (5119.70), 3722.011 594
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022 595
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041 596
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07 597
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10 598
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13 599
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151 600
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18 601
(5119.88), 3733.02 (4781.26), 3733.021 (4781.31), 3733.022 602
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03 603
(4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06 604
(4781.30), 3733.08 (4781.35), 3733.09 (4781.36), 3733.091 605
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 3733.11 606
(4781.40), 3733.12 (4781.41), 3733.121 (4781.42), 3733.122 607
(4781.43), 3733.123 (4781.44), 3733.13 (4781.45), 3733.14 608
(4781.46), 3733.15 (4781.47), 3733.16 (4781.48), 3733.17 609
(4781.49), 3733.18 (4781.50), 3733.19 (4781.51), 3733.20 610
(4781.52), 3733.49 (3733.43), 5101.271 (5101.272), 5101.272 611
(5101.273), 5101.5110 (5101.5111), 5111.14 (5111.141), 5111.261 612
(5111.263), 5111.892 (5111.893), 5119.612 (5119.613), and 5119.613 613
(5119.614) be amended for the purpose of adopting new section 614
numbers as indicated in parentheses; that new sections 3314.016, 615
5101.271, 5101.5110, 5111.14, 5111.261, 5111.861, 5111.892, 616
5119.612, 5126.18, and 5747.52 and sections 7.16, 9.334, 9.335, 617
9.336, 9.482, 101.36, 101.711, 111.181, 111.28, 111.29, 113.42, 618
113.43, 113.44, 113.47, 118.025, 118.31, 124.394, 125.024, 619
125.182, 125.213, 126.10, 126.141, 126.60, 126.601, 126.602, 620
126.603, 126.604, 126.605, 127.19, 131.024, 149.308, 153.501, 621
153.502, 153.503, 153.504, 153.53, 153.55, 153.692, 153.693, 622
153.694, 153.695, 153.72, 153.73, 154.24, 154.25, 167.081, 173.41, 623
305.23, 306.322, 306.55, 306.551, 307.847, 317.06, 505.483, 624
505.484, 505.551, 523.01, 523.02, 523.03, 523.04, 523.05, 523.06, 625
523.09, 709.451, 709.452, 918.221, 1327.501, 1505.05, 1509.022, 626
1541.25, 1541.26, 1571.012, 1571.013, 1571.014, 2151.429, 627
2335.061, 3123.591, 3301.81, 3302.042, 3302.06, 3302.061, 628
3302.062, 3302.063, 3302.064, 3302.065, 3302.066, 3302.067, 629
3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.25, 3302.30, 630
3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56, 631
3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 632
3310.64, 3311.0510, 3313.411, 3313.538, 3313.846, 3313.88, 633
3314.0210, 3314.46, 3316.21, 3318.054, 3318.371, 3318.48, 3318.49, 634
3318.60, 3319.0810, 3319.228, 3319.58, 3323.052, 3328.01, 3328.02, 635
3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15, 636
3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20, 637
3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31, 638
3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45, 639
3328.50, 3328.99, 3333.0411, 3333.43, 3333.93, 3333.94, 3345.023, 640
3345.55, 3345.81, 3353.15, 3701.0211, 3701.032, 3709.341, 3717.54, 641
3733.42, 3743.577, 3745.016, 3770.15, 3793.061, 3901.56, 3903.301, 642
4303.209, 4313.01, 4313.02, 4781.121, 4781.54, 4911.021, 5101.504, 643
5101.5210, 5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.0212, 644
5111.0213, 5111.0214, 5111.0215, 5111.035, 5111.051, 5111.052, 645
5111.053, 5111.063, 5111.085, 5111.161, 5111.1711, 5111.224, 646
5111.225, 5111.259, 5111.862, 5111.863, 5111.864, 5111.865, 647
5111.944, 5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 648
5119.222, 5119.622, 5119.623, 5119.693, 5120.092, 5122.341, 649
5123.0418, 5123.0419, 5703.059, 5725.34, 5729.17, 5748.09, 650
5751.41, 6115.231, and 6119.061 of the Revised Code be enacted to 651
read as follows:652

       Sec. 7.10.  For the publication of advertisements, notices, 653
and proclamations, except those relating to proposed amendments to 654
the Ohio constitutionConstitution, required to be published by a 655
public officer of the state, county, municipal corporation, 656
township, school, a benevolent or other public institution, or by657
a trustee, assignee, executor, or administrator, or by or in any 658
court of record, except when the rate is otherwise fixed by law, 659
publishers of newspapers may charge and receive for such 660
advertisements, notices, and proclamations rates charged on annual 661
contracts by them for a like amount of space to other advertisers 662
who advertise in its general display advertising columns. Legal663

       For the publication of advertisements, notices, or 664
proclamations required to be published by a public officer of a 665
county, municipal corporation, township, school, or other 666
political subdivision, publishers of newspapers shall establish a 667
government rate, which shall include free publication of 668
advertisements, notices, or proclamations on the newspaper's 669
internet web site, if the newspaper has one. The government rate 670
shall not exceed the lowest classified advertising rate and lowest 671
insert rate paid by other advertisers.672

        Legal advertising, except that relating to proposed 673
amendments to the Ohio constitutionConstitution, shall be set up 674
in a compact form, without unnecessary spaces, blanks, or 675
headlines, and printed in not smaller than six-point type. The 676
type used must be of such proportions that the body of the capital 677
letter M is no wider than it is high and all other letters and 678
characters are in proportion.679

       Except as provided in section 2701.09 of the Revised Code, 680
all legal advertisements or notices shall be printed in newspapers 681
published in the English language onlyof general circulation and 682
also shall be posted on the state public notice web site created 683
under section 125.182 of the Revised Code, and on a newspaper's 684
internet web site, if the newspaper has one.685

       Sec. 7.11.  A proclamation for an election, an order fixing 686
the time of holding court, notice of the rates of taxation, bridge 687
and pike notices, notice to contractors, and such other 688
advertisements of general interest to the taxpayers as the county 689
auditor, county treasurer, probate judge, or board of county 690
commissioners deems proper shall be published in two newspapersa 691
newspaper of opposite politics of general circulation, as defined 692
in section 5721.017.12 of the Revised Code at the county seat if 693
there are such newspapers published thereat. If there are not two 694
newspapers of opposite politics and of general circulation 695
published in said county seat, such publication shall be made in 696
one newspaper published in said county seat and in any other 697
newspaper of general circulation in said county as defined in 698
section 5721.01 of the Revised Code, wherever published, without 699
regard to the politics of such other newspaper. In counties having 700
cities of eight thousand inhabitants or more, not the county seat 701
of such counties, additional publication of such notice shall be 702
made in two newspapersa newspaper of opposite politics and of703
general circulation in such city, as defined in such section, in 704
such city. For purposes of this section, a newspaper independent 705
in politics is a newspaper of opposite politics to a newspaper of 706
designated political affiliation. Sections 7.10 to 7.13, 707
inclusive, of the Revised Code, do not apply to the publication of 708
notices of delinquent and forfeited land sales.709

       The cost of any publication authorized by this section, which 710
isshall be printed in display form, shall be the commercial711
government rate chargedestablished by such newspaper under 712
section 7.10 of the Revised Code.713

       Sec. 7.12. (A) Whenever any legal publicationa state agency 714
or a political subdivision of the state is required by law to be 715
mademake any legal publication in a newspaper published in a 716
municipal corporation, county, or other political subdivision, the 717
newspaper shall also be a newspaper of general circulation in the 718
municipal corporation, county, or other political subdivision, 719
without further restriction or limitation upon a selection of the 720
newspaper to be used. If no newspaper is published in such 721
municipal corporation, county, or other political subdivision, 722
such legal publication shall be made in any newspaper of general 723
circulation therein. If there are less than two newspapers 724
published in any municipal corporation, county, or other political 725
subdivision in the manner defined by this section, then any legal 726
publication required by law to be made in a newspaper published in 727
a municipal corporation, county, or other political subdivision 728
may be made in any newspaper regularly issued at stated intervals 729
from a known office of publication located within the municipal 730
corporation, county, or other political subdivision. As used in 731
this section, a known office of publication is a public office 732
where the business of the newspaper is transacted during the usual 733
business hours, and such office shall be shown by the publication 734
itself. As used in the Revised Code,735

       In addition to all other requirements, a"newspaper" or736
"newspaper of general circulation," except those publications737
daily law journals in existence on or before July 1, 2011, and738
performing the functions described in section 2701.09 of the 739
Revised Code for a period of one yearthree years immediately 740
preceding any such legal publication required to be made, shall be741
is a publication bearing a title or name,that is regularly issued 742
as frequently asat least once a week for a definite price or 743
consideration paid for by not less than fifty per cent of those to 744
whom distribution is made, having a second class mailing 745
privilege, being not less than four pages, published continuously 746
during the immediately preceding one-year period, and circulated 747
generally in the political subdivision in which it is published. 748
Such publication must be of a type to which the general public 749
resorts for passing events of a political, religious, commercial, 750
and social nature, current happenings, announcements, 751
miscellaneous reading matter, advertisements, and other notices, 752
and that meets all of the following requirements:753

       (1) It is printed in the English language using standard 754
printing methods, being not less than eight pages in the 755
broadsheet format or sixteen pages in the tabloid format.756

       (2) It contains at least twenty-five per cent editorial 757
content, which includes, but is not limited to, local news, 758
political information, and local sports.759

       (3) It has been published continuously for at least three 760
years immediately preceding legal publication by the state agency 761
or political subdivision.762

       (4) The publication has the ability to add subscribers to its 763
distribution list.764

       (5) The publication is circulated generally by United States 765
mail or carrier delivery in the political subdivision responsible 766
for legal publication or in the state, if legal publication is 767
made by a state agency, by proof of the filing of a United States 768
postal service "Statement of Ownership, Management, and 769
Circulation" (PS form 3526) with the local postmaster, or by proof 770
of an independent audit of the publication performed, within the 771
twelve months immediately preceding legal publication.772

       (B) A person who disagrees that a publication is a "newspaper 773
of general circulation" in which legal publication may be made 774
under this section may deliver a written request for mediation to 775
the publisher of the publication and to the court of common pleas 776
of the county in which is located the political subdivision in 777
which the publication is circulated, or in the Franklin county 778
court of common pleas if legal publication is to be made by a 779
state agency. The court of common pleas shall appoint a mediator, 780
and the parties shall follow the procedures of the mediation 781
program operated by the court.782

       Sec. 7.16. (A) If a section of the Revised Code or an 783
administrative rule requires a state agency or a political 784
subdivision of the state to publish a notice or advertisement two 785
or more times in a newspaper of general circulation and the 786
section or administrative rule refers to this section, the first 787
publication of the notice or advertisement shall be made in its 788
entirety in a newspaper of general circulation and may be made in 789
a preprinted insert in the newspaper, but the second publication 790
otherwise required by that section or administrative rule may be 791
made in abbreviated form in a newspaper of general circulation in 792
the state or in the political subdivision, as designated in that 793
section or administrative rule, and on the newspaper's internet 794
web site, if the newspaper has one. The state agency or political 795
subdivision may eliminate any further newspaper publications 796
required by that section or administrative rule, provided that the 797
second, abbreviated notice or advertisement meets all of the 798
following requirements:799

       (1) It is published in the newspaper of general circulation 800
in which the first publication of the notice or advertisement was 801
made and is published on that newspaper's internet web site, if 802
the newspaper has one.803

       (2) It includes a title, followed by a summary paragraph or 804
statement that clearly describes the specific purpose of the 805
notice or advertisement, and includes a statement that the notice 806
or advertisement is posted in its entirety on the state public 807
notice web site established under section 125.182 of the Revised 808
Code. The notice or advertisement also may be posted on the state 809
agency's or political subdivision's internet web site.810

       (3) It includes the internet addresses of the state public 811
notice web site, and of the newspaper's and state agency's or 812
political subdivision's internet web site if the notice or 813
advertisement is posted on those web sites, and the name, address, 814
telephone number, and electronic mail address of the state agency, 815
political subdivision, or other party responsible for publication 816
of the notice or advertisement.817

       (B) A notice or advertisement published under this section on 818
an internet web site shall be published in its entirety in 819
accordance with the section of the Revised Code or the 820
administrative rule that requires the publication.821

        (C) If a state agency or political subdivision does not 822
operate and maintain, or ceases to operate and maintain, an 823
internet web site, and if the state public notice web site 824
established under section 125.182 of the Revised Code is not 825
operational, the state agency or political subdivision shall not 826
publish a notice or advertisement under this section, but instead 827
shall comply with the publication requirements of the section of 828
the Revised Code or the administrative rule that refers to this 829
section.830

       Sec. 9.03.  (A) As used in this section, "political 831
subdivision" means any body corporate and politic, except a 832
municipal corporation that has adopted a charter under Section 7 833
of Article XVIII, Ohio Constitution, and except a county that has 834
adopted a charter under Sections 3 and 4 of Article X, Ohio 835
Constitution, to which both of the following apply:836

       (1) It is responsible for governmental activities only in a 837
geographic area smaller than the state.838

       (2) It is subject to the sovereign immunity of the state.839

       (B) Except as otherwise provided in division (C) of this 840
section, the governing body of a political subdivision may use 841
public funds to publish and distribute newsletters, or to use any 842
other means, to communicate information about the plans, policies, 843
and operations of the political subdivision to members of the 844
public within the political subdivision and to other persons who 845
may be affected by the political subdivision.846

       (C) Except as otherwise provided in division (A)(7)(6) of 847
section 340.03 or division (A)(12) of section 340.033 of the 848
Revised Code, no governing body of a political subdivision shall 849
use public funds to do any of the following:850

       (1) Publish, distribute, or otherwise communicate information 851
that does any of the following:852

       (a) Contains defamatory, libelous, or obscene matter;853

       (b) Promotes alcoholic beverages, cigarettes or other tobacco 854
products, or any illegal product, service, or activity;855

       (c) Promotes illegal discrimination on the basis of race, 856
color, religion, national origin, handicap, age, or ancestry;857

       (d) Supports or opposes any labor organization or any action 858
by, on behalf of, or against any labor organization;859

       (e) Supports or opposes the nomination or election of a 860
candidate for public office, the investigation, prosecution, or 861
recall of a public official, or the passage of a levy or bond 862
issue.863

       (2) Compensate any employee of the political subdivision for 864
time spent on any activity to influence the outcome of an election 865
for any of the purposes described in division (C)(1)(e) of this 866
section. Division (C)(2) of this section does not prohibit the use 867
of public funds to compensate an employee of a political 868
subdivision for attending a public meeting to present information 869
about the political subdivision's finances, activities, and 870
governmental actions in a manner that is not designed to influence 871
the outcome of an election or the passage of a levy or bond issue, 872
even though the election, levy, or bond issue is discussed or 873
debated at the meeting.874

       (D) Nothing in this section prohibits or restricts any 875
political subdivision from sponsoring, participating in, or doing 876
any of the following:877

       (1) Charitable or public service advertising that is not 878
commercial in nature;879

       (2) Advertising of exhibitions, performances, programs, 880
products, or services that are provided by employees of a 881
political subdivision or are provided at or through premises owned 882
or operated by a political subdivision;883

       (3) Licensing an interest in a name or mark that is owned or 884
controlled by the political subdivision.885

       (E) As used in this section, "cigarettes" and "tobacco 886
product" have the same meanings as in section 5743.01 of the 887
Revised Code.888

       Sec. 9.06.  (A)(1) The department of rehabilitation and 889
correction may contract for the private operation and management 890
pursuant to this section of the initial intensive program prison 891
established pursuant to section 5120.033 of the Revised Code, if 892
one or more intensive program prisons are established under that 893
section, and may contract for the private operation and management 894
of any other facility under this section. Counties and municipal 895
corporations to the extent authorized in sections 307.93, 341.35, 896
753.03, and 753.15 of the Revised Code may contract for the 897
private operation and management of a facility under this section. 898
A contract entered into under this section shall be for an initial 899
term of not more than two yearsspecified in the contract with an 900
option to renew for additional periods of two years.901

       (2) The department of rehabilitation and correction, by rule, 902
shall adopt minimum criteria and specifications that a person or 903
entity, other than a person or entity that satisfies the criteria 904
set forth in division (A)(3)(a) of this section and subject to 905
division (I) of this section, must satisfy in order to apply to 906
operate and manage as a contractor pursuant to this section the 907
initial intensive program prison established pursuant to section 908
5120.033 of the Revised Code, if one or more intensive program 909
prisons are established under that section.910

       (3) Subject to division (I) of this section, any person or 911
entity that applies to operate and manage a facility as a 912
contractor pursuant to this section shall satisfy one or more of 913
the following criteria:914

       (a) The person or entity is accredited by the American 915
correctional association and, at the time of the application, 916
operates and manages one or more facilities accredited by the 917
American correctional association.918

       (b) The person or entity satisfies all of the minimum 919
criteria and specifications adopted by the department of 920
rehabilitation and correction pursuant to division (A)(2) of this 921
section, provided that this alternative shall be available only in 922
relation to the initial intensive program prison established 923
pursuant to section 5120.033 of the Revised Code, if one or more 924
intensive program prisons are established under that section.925

       (4) Subject to division (I) of this section, before a public 926
entity may enter into a contract under this section, the 927
contractor shall convincingly demonstrate to the public entity 928
that it can operate the facility with the inmate capacity required 929
by the public entity and provide the services required in this 930
section and realize at least a five per cent savings over the 931
projected cost to the public entity of providing these same 932
services to operate the facility that is the subject of the 933
contract. No out-of-state prisoners may be housed in any facility 934
that is the subject of a contract entered into under this section.935

       (B) Subject to division (I) of this section, any contract 936
entered into under this section shall include all of the 937
following:938

       (1) A requirement that the contractor retain the contractor's 939
accreditation from the American correctional association 940
throughout the contract term or, if the contractor applied 941
pursuant to division (A)(3)(b) of this section, the contractor942
continue complying with the applicable criteria and specifications 943
adopted by the department of rehabilitation and correction 944
pursuant to division (A)(2) of this section;945

       (2) A requirement that all of the following conditions be 946
met:947

       (a) The contractor begins the process of accrediting the 948
facility with the American correctional association no later than 949
sixty days after the facility receives its first inmate.950

       (b) The contractor receives accreditation of the facility 951
within twelve months after the date the contractor applies to the 952
American correctional association for accreditation.953

       (c) Once the accreditation is received, the contractor 954
maintains it for the duration of the contract term.955

       (d) If the contractor does not comply with divisions 956
(B)(2)(a) to (c) of this section, the contractor is in violation 957
of the contract, and the public entity may revoke the contract at 958
its discretion.959

       (3) A requirement that the contractor comply with all rules 960
promulgated by the department of rehabilitation and correction 961
that apply to the operation and management of correctional 962
facilities, including the minimum standards for jails in Ohio and 963
policies regarding the use of force and the use of deadly force, 964
although the public entity may require more stringent standards, 965
and comply with any applicable laws, rules, or regulations of the 966
federal, state, and local governments, including, but not limited 967
to, sanitation, food service, safety, and health regulations. The 968
contractor shall be required to send copies of reports of 969
inspections completed by the appropriate authorities regarding 970
compliance with rules and regulations to the director of 971
rehabilitation and correction or the director's designee and, if 972
contracting with a local public entity, to the governing authority 973
of that entity.974

       (4) A requirement that the contractor report for 975
investigation all crimes in connection with the facility to the 976
public entity, to all local law enforcement agencies with 977
jurisdiction over the place at which the facility is located, and, 978
for a crime committed at a state correctional institution, to the 979
state highway patrol;980

       (5) A requirement that the contractor immediately report all 981
escapes from the facility, and the apprehension of all escapees, 982
by telephone and in writing to all local law enforcement agencies 983
with jurisdiction over the place at which the facility is located, 984
to the prosecuting attorney of the county in which the facility is 985
located, to the state highway patrol, to a daily newspaper having 986
general circulation in the county in which the facility is 987
located, and, if the facility is a state correctional institution, 988
to the department of rehabilitation and correction. The written 989
notice may be by either facsimile transmission or mail. A failure 990
to comply with this requirement regarding an escape is a violation 991
of section 2921.22 of the Revised Code.992

       (6) A requirement that, if the facility is a state 993
correctional institution, the contractor provide a written report 994
within specified time limits to the director of rehabilitation and 995
correction or the director's designee of all unusual incidents at 996
the facility as defined in rules promulgated by the department of 997
rehabilitation and correction or, if the facility is a local 998
correctional institution, that the contractor provide a written 999
report of all unusual incidents at the facility to the governing 1000
authority of the local public entity;1001

       (7) A requirement that the contractor maintain proper control 1002
of inmates' personal funds pursuant to rules promulgated by the 1003
department of rehabilitation and correction for state correctional 1004
institutions or pursuant to the minimum standards for jails along 1005
with any additional standards established by the local public 1006
entity for local correctional institutions and that records 1007
pertaining to these funds be made available to representatives of 1008
the public entity for review or audit;1009

       (8) A requirement that the contractor prepare and distribute 1010
to the director of rehabilitation and correction or, if 1011
contracting with a local public entity, to the governing authority 1012
of the local entity annual budget income and expenditure 1013
statements and funding source financial reports;1014

       (9) A requirement that the public entity appoint and 1015
supervise a full-time contract monitor, that the contractor 1016
provide suitable office space for the contract monitor at the 1017
facility, and that the contractor allow the contract monitor 1018
unrestricted access to all parts of the facility and all records 1019
of the facility except the contractor's financial records;1020

       (10) A requirement that if the facility is a state 1021
correctional institution designated department of rehabilitation 1022
and correction staff members be allowed access to the facility in 1023
accordance with rules promulgated by the department;1024

       (11) A requirement that the contractor provide internal and 1025
perimeter security as agreed upon in the contract;1026

       (12) If the facility is a state correctional institution, a 1027
requirement that the contractor impose discipline on inmates 1028
housed in a state correctional institutionthe facility only in 1029
accordance with rules promulgated by the department of 1030
rehabilitation and correction;1031

       (13) A requirement that the facility be staffed at all times 1032
with a staffing pattern approved by the public entity and adequate 1033
both to ensure supervision of inmates and maintenance of security 1034
within the facility and to provide for programs, transportation, 1035
security, and other operational needs. In determining security 1036
needs, the contractor shall be required to consider, among other 1037
things, the proximity of the facility to neighborhoods and 1038
schools.1039

       (14) If the contract is with a local public entity, a 1040
requirement that the contractor provide services and programs, 1041
consistent with the minimum standards for jails promulgated by the 1042
department of rehabilitation and correction under section 5120.10 1043
of the Revised Code;1044

       (15) A clear statement that no immunity from liability 1045
granted to the state, and no immunity from liability granted to 1046
political subdivisions under Chapter 2744. of the Revised Code, 1047
shall extend to the contractor or any of the contractor's 1048
employees;1049

       (16) A statement that all documents and records relevant to 1050
the facility shall be maintained in the same manner required for, 1051
and subject to the same laws, rules, and regulations as apply to, 1052
the records of the public entity;1053

       (17) Authorization for the public entity to impose a fine on 1054
the contractor from a schedule of fines included in the contract 1055
for the contractor's failure to perform its contractual duties or 1056
to cancel the contract, as the public entity considers 1057
appropriate. If a fine is imposed, the public entity may reduce 1058
the payment owed to the contractor pursuant to any invoice in the 1059
amount of the imposed fine.1060

       (18) A statement that all services provided or goods produced 1061
at the facility shall be subject to the same regulations, and the 1062
same distribution limitations, as apply to goods and services 1063
produced at other correctional institutions;1064

       (19) AuthorizationIf the facility is a state correctional 1065
institution, authorization for the department to establish one or 1066
more prison industries at athe facility operated and managed by a 1067
contractor for the department;1068

       (20) A requirement that, if the facility is an intensive 1069
program prison established pursuant to section 5120.033 of the 1070
Revised Code, the facility shall comply with all criteria for 1071
intensive program prisons of that type that are set forth in that 1072
section;1073

       (21) If the institutionfacility is a state correctional 1074
institution, a requirement that the contractor provide clothing 1075
for all inmates housed in the facility that is conspicuous in its 1076
color, style, or color and style, that conspicuously identifies 1077
its wearer as an inmate, and that is readily distinguishable from 1078
clothing of a nature that normally is worn outside the facility by 1079
non-inmates, that the contractor require all inmates housed in the 1080
facility to wear the clothing so provided, and that the contractor 1081
not permit any inmate, while inside or on the premises of the 1082
facility or while being transported to or from the facility, to 1083
wear any clothing of a nature that does not conspicuously identify 1084
its wearer as an inmate and that normally is worn outside the 1085
facility by non-inmates.1086

       (C) No contract entered into under this section may require, 1087
authorize, or imply a delegation of the authority or 1088
responsibility of the public entity to a contractor for any of the 1089
following:1090

       (1) Developing or implementing procedures for calculating 1091
inmate release and parole eligibility dates and recommending the 1092
granting or denying of parole, although the contractor may submit 1093
written reports that have been prepared in the ordinary course of 1094
business;1095

       (2) Developing or implementing procedures for calculating and 1096
awarding earned credits, approving the type of work inmates may 1097
perform and the wage or earned credits, if any, that may be 1098
awarded to inmates engaging in that work, and granting, denying, 1099
or revoking earned credits;1100

       (3) For inmates serving a term imposed for a felony offense 1101
committed prior to July 1, 1996, or for a misdemeanor offense, 1102
developing or implementing procedures for calculating and awarding 1103
good time, approving the good time, if any, that may be awarded to 1104
inmates engaging in work, and granting, denying, or revoking good 1105
time;1106

       (4) Classifying an inmate or placing an inmate in a more or a 1107
less restrictive custody than the custody ordered by the public 1108
entity;1109

       (5) Approving inmates for work release;1110

       (6) Contracting for local or long distance telephone services 1111
for inmates or receiving commissions from those services at a 1112
facility that is owned by or operated under a contract with the 1113
department.1114

       (D) A contractor that has been approved to operate a facility 1115
under this section, and a person or entity that enters into a 1116
contract for specialized services, as described in division (I) of 1117
this section, relative to an intensive program prison established 1118
pursuant to section 5120.033 of the Revised Code to be operated by 1119
a contractor that has been approved to operate the prison under 1120
this section, shall provide an adequate policy of insurance 1121
specifically including, but not limited to, insurance for civil 1122
rights claims as determined by a risk management or actuarial firm 1123
with demonstrated experience in public liability for state 1124
governments. The insurance policy shall provide that the state, 1125
including all state agencies, and all political subdivisions of 1126
the state with jurisdiction over the facility or in which a 1127
facility is located are named as insured, and that the state and 1128
its political subdivisions shall be sent any notice of 1129
cancellation. The contractor may not self-insure.1130

       A contractor that has been approved to operate a facility 1131
under this section, and a person or entity that enters into a 1132
contract for specialized services, as described in division (I) of 1133
this section, relative to an intensive program prison established 1134
pursuant to section 5120.033 of the Revised Code to be operated by 1135
a contractor that has been approved to operate the prison under 1136
this section, shall indemnify and hold harmless the state, its 1137
officers, agents, and employees, and any local government entity 1138
in the state having jurisdiction over the facility or ownership of 1139
the facility, shall reimburse the state for its costs in defending 1140
the state or any of its officers, agents, or employees, and shall 1141
reimburse any local government entity of that nature for its costs 1142
in defending the local government entity, from all of the 1143
following:1144

       (1) Any claims or losses for services rendered by the 1145
contractor, person, or entity performing or supplying services in 1146
connection with the performance of the contract;1147

       (2) Any failure of the contractor, person, or entity or its 1148
officers or employees to adhere to the laws, rules, regulations, 1149
or terms agreed to in the contract;1150

       (3) Any constitutional, federal, state, or civil rights claim 1151
brought against the state related to the facility operated and 1152
managed by the contractor;1153

       (4) Any claims, losses, demands, or causes of action arising 1154
out of the contractor's, person's, or entity's activities in this 1155
state;1156

       (5) Any attorney's fees or court costs arising from any 1157
habeas corpus actions or other inmate suits that may arise from 1158
any event that occurred at the facility or was a result of such an 1159
event, or arise over the conditions, management, or operation of 1160
the facility, which fees and costs shall include, but not be 1161
limited to, attorney's fees for the state's representation and for 1162
any court-appointed representation of any inmate, and the costs of 1163
any special judge who may be appointed to hear those actions or 1164
suits.1165

       (E) Private correctional officers of a contractor operating 1166
and managing a facility pursuant to a contract entered into under 1167
this section may carry and use firearms in the course of their 1168
employment only after being certified as satisfactorily completing 1169
an approved training program as described in division (A) of 1170
section 109.78 of the Revised Code.1171

       (F) Upon notification by the contractor of an escape from, or 1172
of a disturbance at, the facility that is the subject of a 1173
contract entered into under this section, the department of 1174
rehabilitation and correction and state and local law enforcement 1175
agencies shall use all reasonable means to recapture escapees or 1176
quell any disturbance. Any cost incurred by the state or its 1177
political subdivisions relating to the apprehension of an escapee 1178
or the quelling of a disturbance at the facility shall be 1179
chargeable to and borne by the contractor. The contractor shall 1180
also reimburse the state or its political subdivisions for all 1181
reasonable costs incurred relating to the temporary detention of 1182
the escapee following recapture.1183

       (G) Any offense that would be a crime if committed at a state 1184
correctional institution or jail, workhouse, prison, or other 1185
correctional facility shall be a crime if committed by or with 1186
regard to inmates at facilities operated pursuant to a contract 1187
entered into under this section.1188

       (H) A contractor operating and managing a facility pursuant 1189
to a contract entered into under this section shall pay any inmate 1190
workers at the facility at the rate approved by the public entity. 1191
Inmates working at the facility shall not be considered employees 1192
of the contractor.1193

       (I) In contracting for the private operation and management 1194
pursuant to division (A) of this section of any intensive program 1195
prison established pursuant to section 5120.033 of the Revised 1196
Code, the department of rehabilitation and correction may enter 1197
into a contract with a contractor for the general operation and 1198
management of the prison and may enter into one or more separate 1199
contracts with other persons or entities for the provision of 1200
specialized services for persons confined in the prison, 1201
including, but not limited to, security or training services or 1202
medical, counseling, educational, or similar treatment programs. 1203
If, pursuant to this division, the department enters into a 1204
contract with a contractor for the general operation and 1205
management of the prison and also enters into one or more 1206
specialized service contracts with other persons or entities, all 1207
of the following apply:1208

       (1) The contract for the general operation and management 1209
shall comply with all requirements and criteria set forth in this 1210
section, and all provisions of this section apply in relation to 1211
the prison operated and managed pursuant to the contract.1212

       (2) Divisions (A)(2), (B), and (C) of this section do not 1213
apply in relation to any specialized services contract, except to 1214
the extent that the provisions of those divisions clearly are 1215
relevant to the specialized services to be provided under the 1216
specialized services contract. Division (D) of this section 1217
applies in relation to each specialized services contract.1218

       (J) If, on or after the effective date of this amendment, a 1219
contractor enters into a contract with the department of 1220
rehabilitation and correction under this section for the operation 1221
and management of any facility described in Section 753.10 of the 1222
act in which this amendment was adopted, if the contract provides 1223
for the sale of the facility to the contractor, if the facility is 1224
sold to the contractor subsequent to the execution of the 1225
contract, and if the contractor is privately operating and 1226
managing the facility, notwithstanding the contractor's private 1227
operation and management of the facility, all of the following 1228
apply:1229

       (1) Except as expressly provided to the contrary in this 1230
section, the facility being privately operated and managed by the 1231
contractor shall be considered for purposes of the Revised Code as 1232
being under the control of, or under the jurisdiction of, the 1233
department of rehabilitation and correction.1234

       (2) Any reference in this section to "state correctional 1235
institution," any reference in Chapter 2967. of the Revised Code 1236
to "state correctional institution," other than the definition of 1237
that term set forth in section 2967.01 of the Revised Code, or to 1238
"prison," and any reference in Chapter 2929., 5120., 5145., 5147., 1239
or 5149. or any other provision of the Revised Code to "state 1240
correctional institution" or "prison" shall be considered to 1241
include a reference to the facility being privately operated and 1242
managed by the contractor, unless the context makes the inclusion 1243
of that facility clearly inapplicable.1244

       (3) Upon the sale and conveyance of the facility, the 1245
facility shall be returned to the tax list and duplicate 1246
maintained by the county auditor, and the facility shall be 1247
subject to all real property taxes and assessments. No exemption 1248
from real property taxation pursuant to Chapter 5709. of the 1249
Revised Code shall apply to the facility conveyed. The gross 1250
receipts and income of the contractor to whom the facility is 1251
conveyed that are derived from operating and managing the facility 1252
under this section shall be subject to gross receipts and income 1253
taxes levied by the state and its subdivisions, including the 1254
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of 1255
the Revised Code. Unless exempted under another section of the 1256
Revised Code, transactions involving a contractor as a consumer or 1257
purchaser are subject to any tax levied under Chapters 5739. and 1258
5741. of the Revised Code.1259

       (4) After the sale and conveyance of the facility, before the 1260
contractor may resell or otherwise transfer the facility and the 1261
real property on which it is situated, any surrounding land that 1262
also was transferred under the contract, or both the facility and 1263
real property on which it is situated plus the surrounding land 1264
that was transferred under the contract, the contractor first must 1265
offer the state the opportunity to repurchase the facility, real 1266
property, and surrounding land that is to be resold or transferred 1267
and must sell the facility, real property, and surrounding land to 1268
the state if the state so desires, pursuant to and in accordance 1269
with the repurchase clause included in the contract.1270

       (K) As used in this section:1271

       (1) "Public entity" means the department of rehabilitation 1272
and correction, or a county or municipal corporation or a 1273
combination of counties and municipal corporations, that has 1274
jurisdiction over a facility that is the subject of a contract 1275
entered into under this section.1276

       (2) "Local public entity" means a county or municipal 1277
corporation, or a combination of counties and municipal 1278
corporations, that has jurisdiction over a jail, workhouse, or 1279
other correctional facility used only for misdemeanants that is 1280
the subject of a contract entered into under this section.1281

       (3) "Governing authority of a local public entity" means, for 1282
a county, the board of county commissioners; for a municipal 1283
corporation, the legislative authority; for a combination of 1284
counties and municipal corporations, all the boards of county 1285
commissioners and municipal legislative authorities that joined to 1286
create the facility.1287

       (4) "Contractor" means a person or entity that enters into a 1288
contract under this section to operate and manage a jail, 1289
workhouse, or other correctional facility.1290

       (5) "Facility" means theany of the following:1291

       (a) The specific county, multicounty, municipal, 1292
municipal-county, or multicounty-municipal jail, workhouse, 1293
prison, or other type of correctional institution or facility used 1294
only for misdemeanants, or athat is the subject of a contract 1295
entered into under this section;1296

       (b) Any state correctional institution, that is the subject 1297
of a contract entered into under this section, including any 1298
facility described in Section 753.10 of the act in which this 1299
amendment was adopted at any time prior to or after any sale to a 1300
contractor of the state's right, title, and interest in the 1301
facility, the land situated thereon, and specified surrounding 1302
land.1303

       (6) "Person or entity" in the case of a contract for the 1304
private operation and management of a state correctional 1305
institution, includes an employee organization, as defined in 1306
section 4117.01 of the Revised Code, that represents employees at 1307
state correctional institutions.1308

       Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of 1309
this section, a governmental entity shall not disburse money 1310
totaling twenty-five thousand dollars or more to any person for 1311
the provision of services for the primary benefit of individuals 1312
or the public and not for the primary benefit of a governmental 1313
entity or the employees of a governmental entity, unless the 1314
contracting authority of the governmental entity first enters into 1315
a written contract with the person that is signed by the person or 1316
by an officer or agent of the person authorized to legally bind 1317
the person and that embodies all of the requirements and 1318
conditions set forth in sections 9.23 to 9.236 of the Revised 1319
Code. If the disbursement of money occurs over the course of a 1320
governmental entity's fiscal year, rather than in a lump sum, the 1321
contracting authority of the governmental entity shall enter into 1322
the written contract with the person at the point during the 1323
governmental entity's fiscal year that at least seventy-five 1324
thousand dollars has been disbursed by the governmental entity to 1325
the person. Thereafter, the contracting authority of the 1326
governmental entity shall enter into the written contract with the 1327
person at the beginning of the governmental entity's fiscal year, 1328
if, during the immediately preceding fiscal year, the governmental 1329
entity disbursed to that person an aggregate amount totaling at 1330
least seventy-five thousand dollars.1331

       (2) If the money referred to in division (A)(1) of this 1332
section is disbursed by or through more than one state agency to 1333
the person for the provision of services to the same population, 1334
the contracting authorities of those agencies shall determine 1335
which one of them will enter into the written contract with the 1336
person.1337

       (3) The requirements and conditions set forth in divisions 1338
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) 1339
and (B) of section 9.234, divisions (A)(2) and (B) of section 1340
9.235, and sections 9.233 and 9.236 of the Revised Code do not 1341
apply with respect to the following:1342

       (a) Contracts to which all of the following apply: 1343

       (i) The amount received for the services is a set fee for 1344
each time the services are provided, is determined in accordance 1345
with a fixed rate per unit of time or per service, or is a 1346
capitated rate, and the fee or rate is established by competitive 1347
bidding or by a market rate survey of similar services provided in 1348
a defined market area. The market rate survey may be one conducted 1349
by or on behalf of the governmental entity or an independent 1350
survey accepted by the governmental entity as statistically valid 1351
and reliable.1352

       (ii) The services are provided in accordance with standards 1353
established by state or federal law, or by rules or regulations 1354
adopted thereunder, for their delivery, which standards are 1355
enforced by the federal government, a governmental entity, or an 1356
accrediting organization recognized by the federal government or a 1357
governmental entity.1358

       (iii) Payment for the services is made after the services are 1359
delivered and upon submission to the governmental entity of an 1360
invoice or other claim for payment as required by any applicable 1361
local, state, or federal law or, if no such law applies, by the 1362
terms of the contract. 1363

       (b) Contracts under which the services are reimbursed through 1364
or in a manner consistent with a federal program that meets all of 1365
the following requirements:1366

       (i) The program calculates the reimbursement rate on the 1367
basis of the previous year's experience or in accordance with an 1368
alternative method set forth in rules adopted by the Ohio 1369
department of job and family services.1370

       (ii) The reimbursement rate is derived from a breakdown of 1371
direct and indirect costs.1372

       (iii) The program's guidelines describe types of expenditures 1373
that are allowable and not allowable under the program and 1374
delineate which costs are acceptable as direct costs for purposes 1375
of calculating the reimbursement rate.1376

       (iv) The program includes a uniform cost reporting system 1377
with specific audit requirements.1378

       (c) Contracts under which the services are reimbursed through 1379
or in a manner consistent with a federal program that calculates 1380
the reimbursement rate on a fee for service basis in compliance 1381
with United States office of management and budget Circular A-87, 1382
as revised May 10, 2004. 1383

       (d) Contracts for services that are paid pursuant to the 1384
earmarking of an appropriation made by the general assembly for 1385
that purpose.1386

       (B) Division (A) of this section does not apply if the money 1387
is disbursed to a person pursuant to a contract with the United 1388
States or a governmental entity under any of the following 1389
circumstances:1390

       (1) The person receives the money directly or indirectly from 1391
the United States, and no governmental entity exercises any 1392
oversight or control over the use of the money.1393

       (2) The person receives the money solely in return for the 1394
performance of one or more of the following types of services:1395

       (a) Medical, therapeutic, or other health-related services 1396
provided by a person if the amount received is a set fee for each 1397
time the person provides the services, is determined in accordance 1398
with a fixed rate per unit of time, or is a capitated rate, and 1399
the fee or rate is reasonable and customary in the person's trade 1400
or profession;1401

       (b) Medicaid-funded services, including administrative and 1402
management services, provided pursuant to a contract or medicaid 1403
provider agreement that meets the requirements of the medicaid 1404
program established under Chapter 5111. of the Revised Code. 1405

       (c) Services, other than administrative or management 1406
services or any of the services described in division (B)(2)(a) or 1407
(b) of this section, that are commonly purchased by the public at 1408
an hourly rate or at a set fee for each time the services are 1409
provided, unless the services are performed for the benefit of 1410
children, persons who are eligible for the services by reason of 1411
advanced age, medical condition, or financial need, or persons who 1412
are confined in a detention facility as defined in section 2921.01 1413
of the Revised Code, and the services are intended to help promote 1414
the health, safety, or welfare of those children or persons;1415

       (d) Educational services provided by a school to children 1416
eligible to attend that school. For purposes of division (B)(2)(d) 1417
of this section, "school" means any school operated by a school 1418
district board of education, any community school established 1419
under Chapter 3314. of the Revised Code, or any nonpublic school 1420
for which the state board of education prescribes minimum 1421
education standards under section 3301.07 of the Revised Code.1422

       (e) Services provided by a foster home as defined in section 1423
5103.02 of the Revised Code;1424

       (f) "Routine business services other than administrative or 1425
management services," as that term is defined by the attorney 1426
general by rule adopted in accordance with Chapter 119. of the 1427
Revised Code;1428

       (g) Services to protect the environment or promote 1429
environmental education that are provided by a nonprofit entity or 1430
services to protect the environment that are funded with federal 1431
grants or revolving loan funds and administered in accordance with 1432
federal law;1433

       (h) Services, including administrative and management 1434
services, provided under the children's buy-in program established 1435
under sections 5101.5211 to 5101.5216 of the Revised Code.1436

       (3) The person receives the money solely in return for the 1437
performance of services intended to help preserve public health or 1438
safety under circumstances requiring immediate action as a result 1439
of a natural or man-made emergency.1440

       (C) With respect to a nonprofit association, corporation, or 1441
organization established for the purpose of providing educational, 1442
technical, consulting, training, financial, or other services to 1443
its members in exchange for membership dues and other fees, any of 1444
the services provided to a member that is a governmental entity 1445
shall, for purposes of this section, be considered services "for 1446
the primary benefit of a governmental entity or the employees of a 1447
governmental entity.1448

       Sec. 9.24. (A) Except as may be allowed under division (F) of 1449
this section, no state agency and no political subdivision shall 1450
award a contract as described in division (G)(1) of this section 1451
for goods, services, or construction, paid for in whole or in part 1452
with state funds, to a person against whom a finding for recovery 1453
has been issued by the auditor of state on and after January 1, 1454
2001, if the finding for recovery is unresolved.1455

       A contract is considered to be awarded when it is entered 1456
into or executed, irrespective of whether the parties to the 1457
contract have exchanged any money.1458

        (B) For purposes of this section, a finding for recovery is 1459
unresolved unless one of the following criteria applies:1460

        (1) The money identified in the finding for recovery is paid 1461
in full to the state agency or political subdivision to whom the 1462
money was owed;1463

        (2) The debtor has entered into a repayment plan that is 1464
approved by the attorney general and the state agency or political 1465
subdivision to whom the money identified in the finding for 1466
recovery is owed. A repayment plan may include a provision 1467
permitting a state agency or political subdivision to withhold 1468
payment to a debtor for goods, services, or construction provided 1469
to or for the state agency or political subdivision pursuant to a 1470
contract that is entered into with the debtor after the date the 1471
finding for recovery was issued.1472

        (3) The attorney general waives a repayment plan described in 1473
division (B)(2) of this section for good cause;1474

        (4) The debtor and state agency or political subdivision to 1475
whom the money identified in the finding for recovery is owed have 1476
agreed to a payment plan established through an enforceable 1477
settlement agreement.1478

        (5) The state agency or political subdivision desiring to 1479
enter into a contract with a debtor certifies, and the attorney 1480
general concurs, that all of the following are true:1481

        (a) Essential services the state agency or political 1482
subdivision is seeking to obtain from the debtor cannot be 1483
provided by any other person besides the debtor;1484

        (b) Awarding a contract to the debtor for the essential 1485
services described in division (B)(5)(a) of this section is in the 1486
best interest of the state;1487

        (c) Good faith efforts have been made to collect the money 1488
identified in the finding of recovery.1489

       (6) The debtor has commenced an action to contest the finding 1490
for recovery and a final determination on the action has not yet 1491
been reached.1492

        (C) The attorney general shall submit an initial report to 1493
the auditor of state, not later than December 1, 2003, indicating 1494
the status of collection for all findings for recovery issued by 1495
the auditor of state for calendar years 2001, 2002, and 2003. 1496
Beginning on January 1, 2004, the attorney general shall submit to 1497
the auditor of state, on the first day of every January, April, 1498
July, and October, a list of all findings for recovery that have 1499
been resolved in accordance with division (B) of this section 1500
during the calendar quarter preceding the submission of the list 1501
and a description of the means of resolution. The attorney general 1502
shall notify the auditor of state when a judgment is issued 1503
against an entity described in division (F)(1) of this section.1504

       (D) The auditor of state shall maintain a database, 1505
accessible to the public, listing persons against whom an 1506
unresolved finding for recovery has been issued, and the amount of 1507
the money identified in the unresolved finding for recovery. The 1508
auditor of state shall have this database operational on or before 1509
January 1, 2004. The initial database shall contain the 1510
information required under this division for calendar years 2001, 1511
2002, and 2003.1512

       Beginning January 15, 2004, the auditor of state shall update 1513
the database by the fifteenth day of every January, April, July, 1514
and October to reflect resolved findings for recovery that are 1515
reported to the auditor of state by the attorney general on the 1516
first day of the same month pursuant to division (C) of this 1517
section.1518

        (E) Before awarding a contract as described in division 1519
(G)(1) of this section for goods, services, or construction, paid 1520
for in whole or in part with state funds, a state agency or 1521
political subdivision shall verify that the person to whom the 1522
state agency or political subdivision plans to award the contract 1523
has no unresolved finding for recovery issued against the person. 1524
A state agency or political subdivision shall verify that the 1525
person does not appear in the database described in division (D) 1526
of this section or shall obtain other proof that the person has no 1527
unresolved finding for recovery issued against the person.1528

        (F) The prohibition of division (A) of this section and the 1529
requirement of division (E) of this section do not apply with 1530
respect to the companies, payments, or agreements described in 1531
divisions (F)(1) and (2) of this section, or in the circumstance 1532
described in division (F)(3) of this section.1533

       (1) A bonding company or a company authorized to transact the 1534
business of insurance in this state, a self-insurance pool, joint 1535
self-insurance pool, risk management program, or joint risk 1536
management program, unless a court has entered a final judgment 1537
against the company and the company has not yet satisfied the 1538
final judgment.1539

       (2) To medicaid provider agreements under Chapter 5111. of 1540
the Revised Code or payments or provider agreements under the 1541
children's buy-in program established under sections 5101.5211 to 1542
5101.5216 of the Revised Code.1543

       (3) When federal law dictates that a specified entity provide 1544
the goods, services, or construction for which a contract is being 1545
awarded, regardless of whether that entity would otherwise be 1546
prohibited from entering into the contract pursuant to this 1547
section.1548

       (G)(1) This section applies only to contracts for goods, 1549
services, or construction that satisfy the criteria in either 1550
division (G)(1)(a) or (b) of this section. This section may apply 1551
to contracts for goods, services, or construction that satisfy the 1552
criteria in division (G)(1)(c) of this section, provided that the 1553
contracts also satisfy the criteria in either division (G)(1)(a) 1554
or (b) of this section.1555

       (a) The cost for the goods, services, or construction 1556
provided under the contract is estimated to exceed twenty-five 1557
thousand dollars.1558

       (b) The aggregate cost for the goods, services, or 1559
construction provided under multiple contracts entered into by the 1560
particular state agency and a single person or the particular 1561
political subdivision and a single person within the fiscal year 1562
preceding the fiscal year within which a contract is being entered 1563
into by that same state agency and the same single person or the 1564
same political subdivision and the same single person, exceeded 1565
fifty thousand dollars.1566

       (c) The contract is a renewal of a contract previously 1567
entered into and renewed pursuant to that preceding contract.1568

       (2) This section does not apply to employment contracts.1569

       (H) As used in this section:1570

       (1) "State agency" has the same meaning as in section 9.66 of 1571
the Revised Code.1572

       (2) "Political subdivision" means a political subdivision as 1573
defined in section 9.82 of the Revised Code that has received more 1574
than fifty thousand dollars of state money in the current fiscal 1575
year or the preceding fiscal year.1576

       (3) "Finding for recovery" means a determination issued by 1577
the auditor of state, contained in a report the auditor of state 1578
gives to the attorney general pursuant to section 117.28 of the 1579
Revised Code, that public money has been illegally expended, 1580
public money has been collected but not been accounted for, public 1581
money is due but has not been collected, or public property has 1582
been converted or misappropriated.1583

        (4) "Debtor" means a person against whom a finding for 1584
recovery has been issued.1585

       (5) "Person" means the person named in the finding for 1586
recovery.1587

       (6) "State money" does not include funds the state receives 1588
from another source and passes through to a political subdivision.1589

       Sec. 9.312.  (A) If a state agency or political subdivision 1590
is required by law or by an ordinance or resolution adopted under 1591
division (C)(F) of this section to award a contract to the lowest 1592
responsive and responsible bidder, a bidder on the contract shall 1593
be considered responsive if the bidder's proposal responds to bid 1594
specifications in all material respects and contains no 1595
irregularities or deviations from the specifications which would 1596
affect the amount of the bid or otherwise give the bidder a 1597
competitive advantage. The1598

       (B) A state agency or political subdivision described in 1599
division (A) of this section may prequalify bidders as responsible 1600
bidders for each construction trade prior to requesting bids for a 1601
project and may disqualify a contractor the state agency or 1602
political subdivision determines is a nonresponsible bidder prior 1603
to requesting bids in accordance with rules adopted under section 1604
153.503 of the Revised Code.1605

       The factors that the state agency or political subdivision 1606
shall consider in determining whether a bidder on the contract is 1607
responsible include the experience of the bidder, the bidder's 1608
financial condition, conduct and performance on previous 1609
contracts, facilities, management skills, and ability to execute 1610
the contract properly. In addition to the factors a state agency 1611
or political subdivision is required to consider under this 1612
division, a state agency or political subdivision may include, 1613
either in the bid specification or through a bidder 1614
prequalification process, the following requirements to determine 1615
whether a bidder is to be considered the lowest responsive and 1616
responsible bidder:1617

       (1) That no final unsatisfied judgment exists against the 1618
bidder in excess of a percentage of the bid amount of the project 1619
for which the bid is submitted as specified by the state agency or 1620
political subdivision;1621

       (2) That the bidder for a specified trade will not 1622
subcontract more than a percentage of the amount bid for the 1623
contract as specified by the state agency or political 1624
subdivision, and the bidder lists the names of any subcontractors 1625
the bidder intends to use for the project;1626

       (3) That the bidder in a particular trade is licensed by the 1627
Ohio construction industry licensing board, as required under 1628
Chapter 4740. of the Revised Code, is licensed by the state fire 1629
marshal pursuant to section 3737.65 of the Revised Code, or is 1630
licensed to perform that trade by another jurisdiction, and that 1631
license has not been revoked within a period of time specified by 1632
the state agency or political subdivision;1633

       (4) That the bidder in a particular trade will employ on the 1634
project supervisory personnel who have at least the number of 1635
years of experience in the particular trade as specified by the 1636
state agency or political subdivision;1637

       (5) That the bidder in a specified trade employs only 1638
personnel who have graduated from or are currently enrolled in an 1639
apprenticeship program approved by the state or the federal 1640
government or a career technical program or who have at least the 1641
specified number of years of experience in the particular trade, 1642
as specified by the state agency or political subdivision;1643

       (6) That the bidder has implemented a safety program that is 1644
in compliance with the guidelines established by the federal 1645
occupational safety and health administration;1646

       (7) That the bidder provides documentation demonstrating that 1647
the bidder is in compliance with the requirements of section 1648
153.03 of the Revised Code;1649

       (8) If applicable, that the bidder does not have an 1650
experience modification rating greater than the level specified by 1651
the state agency or political subdivision with respect to the 1652
bidder's coverage under Chapter 4121., 4123., 4127., or 4131. of 1653
the Revised Code.1654

       (C) A state agency or political subdivision may include in 1655
the state agency's or political subdivision's bid specifications 1656
or prequalification process a percentage of difference between the 1657
bid made by the apparent low bidder and the next lowest bid that 1658
will require the apparent low bidder to submit additional 1659
information in order to be awarded the contract. If, after opening 1660
all of the bids, the state agency or political subdivision 1661
determines that the bid submitted by the apparent low bidder is 1662
more than that percentage in relation to the bid of the next 1663
lowest bidder, the state agency or political subdivision shall 1664
require the apparent low bidder to list a specified number of 1665
similar contracts for prior projects. The cost of each prior 1666
contract included in the list shall fall within a specified 1667
percentage of the estimated cost for the project for which the 1668
apparent low bidder submitted the bid, and each contract included 1669
in the list shall have been completed successfully by the apparent 1670
low bidder not more than a specified number of years prior to the 1671
current bid.1672

       (D) For purposes of divisions (A) and (B) of this division1673
section, the provision of a bid guaranty in accordance with 1674
divisions (A)(1) and (B) of section 153.54 of the Revised Code 1675
issued by a surety licensed to do business in this state is 1676
evidence of financial responsibility, but a state agency or 1677
political subdivision described in division (A) of this section1678
may request additional financial information for review from an 1679
apparent low bidder after it opens all submitted bids. A state 1680
agency or political subdivision shall keep additional financial 1681
information it receives pursuant to a request under this division 1682
confidential, except under proper order of a court. The additional 1683
financial information is not a public record under section 149.43 1684
of the Revised Code.1685

       An(E) A bidder that does not satisfy prequalification 1686
requirements established by a state agency or political 1687
subdivision under this section, or an apparent low bidder found 1688
not to be responsive and responsible shall be notified by the 1689
state agency or political subdivision of that finding and the 1690
reasons for it. Except for contracts awarded by the department of 1691
administrative services pursuant to section 125.11 of the Revised 1692
Code, the notification shall be given in writing and by certified 1693
mail. When awarding contracts pursuant to section 125.11 of the 1694
Revised Code, the department may send such notice in writing by 1695
first class mail.1696

       (B) WhereIf a state agency or a political subdivision that 1697
has adopted an ordinance or resolution under division (C)(F) of 1698
this section determines to award a contract to a bidder other than 1699
the apparent low bidder or bidders for the construction, 1700
reconstruction, improvement, enlargement, alteration, repair, 1701
painting, or decoration of a public improvement, it shall meet 1702
with the apparent low bidder or bidders upon a filing of a timely 1703
written protest. The protest must be received within five days of 1704
the notification required in division (A)(E) of this section. No 1705
final award shall be made until the state agency or political 1706
subdivision either affirms or reverses its earlier determination. 1707
Notwithstanding any other provisions of the Revised Code, the 1708
procedure described in this division is not subject to Chapter 1709
119. of the Revised Code. 1710

       (C)(F) A municipal corporation, township, school district, 1711
board of county commissioners, any other county board or 1712
commission, or any other political subdivision required by law to 1713
award contracts by competitive bidding may by ordinance or 1714
resolution adopt a policy of requiring each competitively bid 1715
contract it awards to be awarded to the lowest responsive and 1716
responsible bidder in accordance with this section.1717

       Sec. 9.314.  (A) As used in this section:1718

       (1) "Contracting authority" has the same meaning as in 1719
section 307.92 of the Revised Code.1720

       (2) "Political subdivision" means a municipal corporation, 1721
township, county, school district, or other body corporate and 1722
politic responsible for governmental activities only in geographic 1723
areas smaller than that of the state and also includes a 1724
contracting authority.1725

       (3) "Reverse auction" means a purchasing process in which 1726
offerors submit proposals in competing to sell services or 1727
supplies in an open environment via the internet.1728

       (4) "Services" means the furnishing of labor, time, or effort 1729
by a person, not involving the delivery of a specific end product 1730
other than a report which, if provided, is merely incidental to 1731
the required performance. "Services" does not include services 1732
furnished pursuant to employment agreements or collective 1733
bargaining agreements.1734

       (5) "Supplies" means all property, including, but not limited 1735
to, equipment, materials, other tangible assets, and insurance, 1736
but excluding real property or interests in real property.1737

       (B)(1) Whenever any political subdivision determines that the 1738
use of a reverse auction is advantageous to the political 1739
subdivision, the political subdivision, in accordance with this 1740
section and rules the political subdivision shall adopt, may 1741
purchase services or supplies by reverse auction. The services or 1742
supplies purchased by reverse auction may include1743

       (2) A political subdivision shall not purchase supplies or 1744
services by reverse auction if the contract concerns the design, 1745
construction, alteration, repair, reconstruction, or demolition of 1746
a building, highway, road, street, alley, drainage system, water 1747
system, waterworks, ditch, sewer, sewage disposal plant, or any 1748
other structure or works of any kind.1749

       (C) A political subdivision shall solicit proposals through a 1750
request for proposals. The request for proposals shall state the 1751
relative importance of price and other evaluation factors. The 1752
political subdivision shall give notice of the request for 1753
proposals in accordance with the rules it adopts.1754

       (D) As provided in the request for proposals and in the rules 1755
a political subdivision adopts, and to ensure full understanding 1756
of and responsiveness to solicitation requirements, the political 1757
subdivision may conduct discussions with responsible offerors who 1758
submit proposals determined to be reasonably susceptible of being 1759
selected for award. The political subdivision shall accord 1760
offerors fair and equal treatment with respect to any opportunity 1761
for discussion regarding any clarification, correction, or 1762
revision of their proposals.1763

       (E) A political subdivision may award a contract to the 1764
offeror whose proposal the political subdivision determines to be 1765
the most advantageous to the political subdivision, taking into 1766
consideration factors such as price and the evaluation criteria 1767
set forth in the request for proposals. The contract file shall 1768
contain the basis on which the award is made.1769

       (F) The rules that a political subdivision adopts under this 1770
section may require the provision of a performance bond, or 1771
another similar form of financial security, in the amount and in 1772
the form specified in the rules.1773

       (G) If a political subdivision is required by law to purchase 1774
services or supplies by competitive sealed bidding or competitive 1775
sealed proposals, a purchase made by reverse auction satisfies 1776
that requirement.1777

       Sec. 9.33.  As used in sections 9.33 to 9.3339.336 of the 1778
Revised Code:1779

       (A) "Construction manager" means a person with substantial 1780
discretion and authority to plan, coordinate, manage, and direct 1781
all phases of a project for the construction, demolition, 1782
alteration, repair, or reconstruction of any public building, 1783
structure, or other improvement, but does not mean the person who 1784
provides the professional design services or who actually performs 1785
the construction, demolition, alteration, repair, or 1786
reconstruction work on the project.1787

       (B)(1) "Construction manager at risk" means a person with 1788
substantial discretion and authority to plan, coordinate, manage, 1789
direct, and construct all phases of a project for the 1790
construction, demolition, alteration, repair, or reconstruction of 1791
any public building, structure, or other improvement and who 1792
provides the public authority a guaranteed maximum price as 1793
determined in section 9.334 of the Revised Code. 1794

       (2) As used in division (B)(1) of this section:1795

       (a) "Construct" includes performing, or subcontracting for 1796
performing, construction, demolition, alteration, repair, or 1797
reconstruction.1798

       (b) "Manage" includes approving bidders and awarding 1799
subcontracts for furnishing materials regarding, or for 1800
performing, construction, demolition, alteration, repair, or 1801
reconstruction.1802

       (C) "Construction management contract" means a contract 1803
between a public authority and another person obligating the 1804
person to provide construction management services.1805

       (D) "Construction management services" or "management 1806
services" means the range of services that either a construction 1807
manager or a construction manager at risk may provide.1808

       (E) "Qualified" means having the following qualifications:1809

       (1) Competence to perform the required management services as 1810
indicated by the technical training, education, and experience of 1811
the construction manager's or construction manager at risk's1812
personnel, especially the technical training, education, and 1813
experience of the construction manager's or construction manager 1814
at risk's employees who would be assigned to perform the services;1815

       (2) Ability in terms of workload and the availability of 1816
qualified personnel, equipment, and facilities to perform the 1817
required management services competently and expeditiously;1818

       (3) Past performance as reflected by the evaluations of 1819
previous clients with respect to factors such as control of costs, 1820
quality of work, and meeting of deadlines;1821

       (4) Financial responsibility as evidenced by the capability 1822
to provide a letter of credit pursuant to Chapter 1305. of the 1823
Revised Code, a surety bond, certified check, or cashier's check 1824
in an amount equal to the value of the construction management 1825
contract, or by other means acceptable to the public owner1826
authority;1827

       (5) Other similar factors.1828

       (C)(F)(1) "Public ownerauthority" means the state, orany 1829
state institution of higher education as defined in section 1830
3345.011 of the Revised Code, any county, township, municipal 1831
corporation, school district, or other political subdivision, or 1832
any public agency, authority, board, commission, instrumentality,1833
or special purpose district of the state or of a political 1834
subdivision.1835

       (2) "Public authority" does not include the Ohio turnpike 1836
commission.1837

       (G) "Open book pricing method" means a method in which a 1838
construction manager at risk provides the public authority, at the 1839
public authority's request, all books, records, documents, and 1840
other data in its possession, other than trade secrets, pertaining 1841
to the bidding, pricing, or performance of a construction 1842
management contract awarded to the construction manager at risk.1843

       Sec. 9.331.  (A) Before entering into a contract to employ a 1844
construction manager or construction manager at risk, a public 1845
ownerauthority shall advertise, in a newspaper of general 1846
circulation in the county where the contract is to be performed, 1847
and may advertise by electronic means pursuant to rules adopted by 1848
public authority, notice of its intent to employ a construction 1849
manager or construction manager at risk. The notice shall invite 1850
interested parties to submit proposals for consideration and shall 1851
be published at least thirty days prior to the date for accepting 1852
the proposals. The public ownerauthority also may advertise the 1853
information contained in the notice in appropriate trade journals 1854
and otherwise notify persons believed to be interested in 1855
employment as a construction manager or construction manager at 1856
risk.1857

       (B) The advertisement shall include a general description of 1858
the project, a statement of the specific management services 1859
required, and a description of the qualifications required for the 1860
project. The public authority shall also include in the 1861
advertisement a statement of intent of the public authority to 1862
delegate specific authority to, or require a guaranteed maximum 1863
price from, the selected construction manager at risk.1864

       Sec. 9.332. For every construction management contract, the1865
Every public ownerauthority planning to contract for construction 1866
management services with a construction manager shall evaluate the 1867
proposals submitted and may hold discussions with individual 1868
construction managers to explore further their proposals, the 1869
scope and nature of the services they would provide, and the 1870
various technical approaches they may take regarding the project. 1871
Following this evaluation, the public ownerauthority shall:1872

       (A) Select and rank no fewer than three construction managers 1873
that it considers to be the most qualified to provide the required 1874
construction management services, except when the public owner1875
authority determines in writing that fewer than three qualified 1876
construction managers are available in which case it shall select 1877
and rank them;1878

       (B) Negotiate a contract with the construction manager ranked 1879
most qualified to perform the required services at a compensation 1880
determined in writing to be fair and reasonable. Contract 1881
negotiations shall be directed toward:1882

       (1) Ensuring that the construction manager and the public 1883
ownerauthority have a mutual understanding of the essential 1884
requirements involved in providing the required services;1885

       (2) Determining that the construction manager will make 1886
available the necessary personnel, equipment, and facilities to 1887
perform the services within the required time.1888

       (C) Upon failure to negotiate a contract with the 1889
construction manager ranked most qualified, the public owner1890
authority shall inform the construction manager in writing of the 1891
termination of negotiations and enter into negotiations with the 1892
construction manager ranked next most qualified. If negotiations 1893
again fail, the same procedure shallmay be followed with each 1894
next most qualified construction manager selected and ranked 1895
pursuant to division (A) of this section, in order of ranking, 1896
until a contract is negotiated.1897

       (D) If the public ownerauthority fails to negotiate a 1898
contract with any of the construction managers selected pursuant 1899
to division (A) of this section, the public owner shallauthority 1900
may select and rank additional construction managers, based on 1901
their qualifications, and negotiations shallmay continue as with 1902
the construction managers selected and ranked initially until a 1903
contract is negotiated.1904

       (E) Nothing in this section affects a public authority's 1905
right to accept or reject any or all proposals in whole or in 1906
part.1907

       Sec. 9.333. (A) No public ownerauthority shall enter into a 1908
construction management contract with a construction manager 1909
unless the construction manager provides a letter of credit 1910
pursuant to Chapter 1305. of the Revised Code, a surety bond 1911
pursuant to sections 153.54 and 153.57 of the Revised Code, a 1912
certified check or cashier's check in an amount equal to the value 1913
of the construction management contract for the project, or 1914
provides other reasonable financial assurance of a nature and in 1915
an amount satisfactory to the ownerpublic authority. The public 1916
ownerauthority may waive this requirement for good cause.1917

       (B) Before construction begins pursuant to a construction 1918
management contract with a construction manager at risk, the 1919
construction manager at risk shall provide a surety bond to the 1920
public authority in accordance with rules adopted by the director 1921
of administrative services under Chapter 119. of the Revised Code.1922

       Sec. 9.334.  (A) A public authority described in section 1923
153.01 of the Revised Code that is an owner shall not contract for 1924
construction management contracts with a construction manager at 1925
risk unless the public authority is certified by the state 1926
architect as eligible to enter into such contracts under the 1927
program established pursuant to section 153.503 of the Revised 1928
Code.1929

       A public authority described in section 153.01 of the Revised 1930
Code that is not an owner may seek to be certified by the state 1931
architect.1932

       (B) Every public authority planning to contract for 1933
construction management services with a construction manager at 1934
risk shall evaluate the proposals submitted and select not fewer 1935
than three construction managers at risk the public authority 1936
considers to be the most qualified to provide the required 1937
construction management services, except that the public authority 1938
shall select and rank fewer than three when the public authority 1939
determines in writing that fewer than three qualified construction 1940
managers at risk are available.1941

       (C) The public authority shall provide each construction 1942
manager at risk selected under division (B) of this section with a 1943
description of the project, including a statement of available 1944
design detail, a description of how the guaranteed maximum price 1945
for the project shall be determined, including the estimated level 1946
of design detail upon which the guaranteed maximum price shall be 1947
based, the form of the construction management contract, and a 1948
request for a pricing proposal. 1949

       (D) The pricing proposal of each construction manager at risk 1950
shall include at least the following regarding the construction 1951
manager at risk: 1952

       (1) A list of key personnel for the project and the 1953
construction manager at risk's staffing chart; 1954

       (2) A statement of the general conditions and contingency 1955
requirements;1956

       (3) A fee proposal divided into a preconstruction fee, a 1957
construction fee, and the portion of the construction fee to be at 1958
risk in a guaranteed maximum price.1959

       (E) The public authority shall evaluate the submitted pricing 1960
proposals and may hold discussions with individual construction 1961
managers at risk to explore their proposals further, including the 1962
scope and nature of the proposed services and potential technical 1963
approaches. 1964

       (F) After evaluating the pricing proposals, the public 1965
authority shall rank the selected construction managers at risk 1966
based on its evaluation of the value of each pricing proposal, 1967
with such evaluation considering the proposed cost and 1968
qualifications.1969

       (G) The public authority shall enter into negotiations for a 1970
construction management contract with the construction manager at 1971
risk whose pricing proposal the public authority determines to be 1972
the best value under division (F) of this section. Contract 1973
negotiations shall be directed toward:1974

       (1) Ensuring that the construction manager at risk and the 1975
public authority mutually understand the essential requirements 1976
involved in providing the required construction management 1977
services, including the provisions for the use of contingency 1978
funds;1979

       (2) Ensuring that the construction manager at risk will be 1980
able to provide the necessary personnel, equipment, and facilities 1981
to perform the construction management services within the time 1982
required by the construction management contract;1983

       (3) Agreeing that the construction management contract will 1984
not provide for any bonus or other additional compensation to be 1985
paid to the construction manager at risk for completing the 1986
project by a specified date or achieving savings in the final 1987
costs of the project;1988

       (4) Agreeing upon a procedure and schedule for determining a 1989
guaranteed maximum price using an open book pricing method that 1990
shall represent the total maximum amount to be paid by the public 1991
authority to the construction manager at risk for the project and 1992
that shall include the costs of all the work, the cost of its 1993
general conditions, the contingency, the fee payable to the 1994
construction manager at risk, and that shall permit adjustment of 1995
the guaranteed maximum price in the event of increased costs, 1996
including reasonable overhead and profit, related to matters that 1997
are not in the control of the construction manager at risk or the 1998
subcontractors.1999

       (H)(1) If the public authority fails to negotiate a 2000
construction management contract with the construction manager at 2001
risk whose pricing proposal the public authority determines to be 2002
the best value under division (F) of this section, the public 2003
authority shall inform the construction manager at risk, in 2004
writing, of the termination of negotiations. 2005

       (2) Upon terminating negotiations, the public authority may 2006
enter into negotiations as provided in this section with the 2007
construction manager at risk that the public authority ranked next 2008
highest under division (F) of this section. If negotiations fail, 2009
the public authority may enter into negotiations as provided in 2010
this section with the construction manager at risk the public 2011
authority ranked next highest under division (F) of this section.2012

       (3) If a public authority fails to negotiate a construction 2013
management contract with a construction manager at risk whose 2014
pricing proposal the public authority determines to be the best 2015
value under division (F) of this section, the public authority may 2016
select additional construction managers at risk to provide pricing 2017
proposals to the public authority pursuant to this section or may 2018
select an alternative delivery method for the project.2019

       (I) If the public authority and construction manager at risk 2020
fail to agree on a guaranteed maximum price, nothing in this 2021
section shall prohibit the public authority from allowing the 2022
construction manager at risk to provide the management services 2023
that a construction manager is authorized to provide.2024

       (J) Nothing in this section affects a public authority's 2025
right to accept or reject any or all proposals in whole or in 2026
part.2027

       Sec. 9.335. (A) A public authority may delegate to a 2028
construction manager at risk any of the duties, authorities, 2029
rights, and responsibilities of the public authority for a project 2030
under such terms of indemnity and recourse against the 2031
construction manager at risk as the public authority determines 2032
appropriate. Those duties, authorities, rights, and 2033
responsibilities include all of the following:2034

       (1) Project design;2035

       (2) Project scheduling;2036

       (3) Bidding for the work on the project;2037

       (4) Awarding contracts for the work on the project;2038

       (5) Construction fund management;2039

       (6) Payment under the contracts for the project;2040

       (7) Legal defense of the public owner.2041

       (B) A construction manager at risk shall not retain from a 2042
subcontractor a greater percentage of the subcontract price than 2043
the percentage of the contract price retained from the 2044
construction manager at risk by the public authority, if any. With 2045
the consent of the public authority, the construction manager at 2046
risk shall pay all amounts retained from a subcontractor when the 2047
subcontractor's work is completed and there exists no other reason 2048
to withhold the retainage.2049

       Sec. 9.336. The requirements set forth in sections 9.33 to 2050
9.335 of the Revised Code for the bidding, selection, and award of 2051
a construction management contract by a public authority prevail 2052
in the event of any conflict with a provision of Chapter 153. of 2053
the Revised Code.2054

       Sec. 9.482. (A) As used in this section, "political 2055
subdivision" has the meaning defined in section 2744.01 of the 2056
Revised Code.2057

       (B) When authorized by their respective legislative 2058
authorities, a political subdivision may enter into an agreement 2059
with another political subdivision whereby a contracting political 2060
subdivision agrees to exercise any power, perform any function, or 2061
render any service for another contracting recipient political 2062
subdivision that the contracting recipient political subdivision 2063
is otherwise legally authorized to exercise, perform, or render.2064

       In the absence in the agreement of provisions determining by 2065
what officer, office, department, agency, or other authority the 2066
powers and duties of a contracting political subdivision shall be 2067
exercised or performed, the legislative authority of the 2068
contracting political subdivision shall determine and assign the 2069
powers and duties.2070

        An agreement shall not suspend the possession by a 2071
contracting recipient political subdivision of any power or 2072
function that is exercised or performed on its behalf by another 2073
contracting political subdivision under the agreement.2074

       A political subdivision shall not enter into an agreement to 2075
levy any tax or to exercise, with regard to public moneys, any 2076
investment powers, perform any investment function, or render any 2077
investment service on behalf of a contracting subdivision. Nothing 2078
in this paragraph prohibits a political subdivision from entering 2079
into an agreement to collect, administer, or enforce any tax on 2080
behalf of another political subdivision or to limit the authority 2081
of political subdivisions to create and operate joint economic 2082
development zones or joint economic development districts as 2083
provided in sections 715.69 to 715.83 of the Revised Code.2084

       (C) No power shall be exercised, no function shall be 2085
performed, and no service shall be rendered by a contracting 2086
political subdivision pursuant to an agreement entered into under 2087
this section within a political subdivision that is not a party to 2088
the agreement, without first obtaining the written consent of the 2089
political subdivision that is not a party to the agreement and 2090
within which the power is to be exercised, a function is to be 2091
performed, or a service is to be rendered.2092

       (D) Chapter 2744. of the Revised Code, insofar as it applies 2093
to the operation of a political subdivision, applies to the 2094
political subdivisions that are parties to an agreement and to 2095
their employees when they are rendering a service outside the 2096
boundaries of their employing political subdivision under the 2097
agreement. Employees acting outside the boundaries of their 2098
employing political subdivision while providing a service under an 2099
agreement may participate in any pension or indemnity fund 2100
established by the political subdivision to the same extent as 2101
while they are acting within the boundaries of the political 2102
subdivision, and are entitled to all the rights and benefits of 2103
Chapter 4123. of the Revised Code to the same extent as while they 2104
are performing a service within the boundaries of the political 2105
subdivision.2106

       Sec. 9.82.  As used in sections 9.82 to 9.83 of the Revised 2107
Code:2108

       (A) "State" means the state of Ohio, including, but not 2109
limited to, the general assembly, the supreme court, the offices 2110
of all elected state officers, and all departments, boards, 2111
offices, commissions, agencies, institutions, and other 2112
instrumentalities of the state of Ohio. "State" does not include 2113
political subdivisions.2114

       For purposes of the judicial liability program, "state" means 2115
the supreme court, the courts of appeals, the courts of common 2116
pleas and any division of courts of common pleas, municipal 2117
courts, and county courts.2118

       (B) "Political subdivision" means a county, city, village, 2119
township, park district, or school district.2120

       (C) "Personal property" means tangible personal property 2121
owned, leased, controlled, or possessed by a state agency and 2122
includes, but is not limited to, chattels, movable property, 2123
merchandise, furniture, goods, livestock, vehicles, watercraft, 2124
aircraft, movable machinery, movable tools, movable equipment, 2125
general operating supplies, and media.2126

       (D) "Media" means all active information processing material, 2127
including all forms of data, program material, and related 2128
engineering specifications employed in any state agency's 2129
information processing operation.2130

       (E) "Property" means real and personal property as defined in 2131
divisions (C) and (F) of this section and any other property in 2132
which the state determines it has an insurable interest.2133

       (F) "Real property" means land or interests in land whose 2134
title is vested in the state or that is under the control of the 2135
state through a lease purchase agreement, installment purchase, 2136
mortgage, lien, or otherwise, and includes, but is not limited to, 2137
all buildings, structures, improvements, machinery, equipment, or 2138
fixtures erected on, above, or under such land.2139

       (G) "State agency" means every department, bureau, board, 2140
commission, office, or other organized body established by the 2141
constitution or laws of this state for the exercise of any 2142
function of state government, the general assembly, all 2143
legislative agencies, the supreme court, and the court of claims. 2144
"State agency" does not include any state-supported institutions 2145
of higher education, the public employees retirement system, the 2146
Ohio police and and Firefire pension fund, the state teachers 2147
retirement system, the school employees retirement system, the 2148
state highway patrol retirement system, or the city of Cincinnati 2149
retirement system.2150

       Sec. 9.823.  (A) All contributions collected by the director 2151
of administrative services under division (E) of this section 2152
shall be deposited into the state treasury to the credit of the 2153
risk management reserve fund, which is hereby created. The fund 2154
shall be used to provide insurance and self-insurance for the 2155
state under sections 9.822 and 9.83 of the Revised Code. All 2156
investment earnings of the fund shall be credited to it.2157

       (B) The director, through the office of risk management, 2158
shall operate the risk management reserve fund on an actuarially 2159
sound basis.2160

       (C) Reserves shall be maintained in the risk management 2161
reserve fund in any amount that is necessary and adequate, in the 2162
exercise of sound and prudent actuarial judgment, to cover 2163
potential liability claims, expenses, fees, or damages. Money in 2164
the fund may be applied to the payment of liability claims that 2165
are filed against the state in the court of claims and determined 2166
in the manner provided for under Chapter 2743. of the Revised 2167
Code. The director may procure the services of a qualified 2168
actuarial firm for the purpose of recommending the specific amount 2169
of money that would be required to maintain adequate reserves for 2170
a given period of time.2171

       (D) A report of the amounts reserved and disbursements made 2172
from the reserves, together with a written report of a competent 2173
property and casualty actuary, shall be submitted, on or before 2174
the last day of March for the preceding calendar year, to the 2175
speaker of the house of representatives and the president of the 2176
senate. The actuary shall certify the adequacy of the rates of 2177
contributions, the sufficiency of excess insurance, and whether 2178
the amounts reserved conform to the requirements of this section, 2179
are computed in accordance with accepted loss reserving standards, 2180
and are fairly stated in accordance with sound loss reserving 2181
principles. The report shall include disbursements made for the 2182
administration of the fund, including claims paid, cost of legal 2183
representation of state agencies and employees, and fees paid to 2184
consultants.2185

       (E) The director shall collect from each state agency or any 2186
participating state body its contribution to the risk management 2187
reserve fund for the purpose of purchasing insurance or 2188
administering self-insurance programs for coverages authorized 2189
under sections 9.822 and 9.83 of the Revised Code. The 2190
contribution shall be determined by the director, with the 2191
approval of the director of budget and management, and shall be 2192
based upon actuarial assumptions and the relative risk and loss 2193
experience of each state agency or participating state body. The 2194
contribution shall further include a reasonable sum to cover the 2195
department's administrative costs.2196

       Sec. 9.833.  (A) As used in this section, "political 2197
subdivision" means a municipal corporation, township, county, or 2198
other body corporate and politic responsible for governmental 2199
activities in a geographic area smaller than that of the state, 2200
and agencies and instrumentalities of these entitieshas the 2201
meaning defined in sections 2744.01 and 3905.36 of the Revised 2202
Code. For purposes of this section, "political subdivision" 2203
includes municipal corporations as defined in section 5705.01 of 2204
the Revised Code. 2205

       (B) Political subdivisions that provide health care benefits 2206
for their officers or employees may do any of the following:2207

       (1) EstablishIf a self-insurance program is approved by the 2208
department of administrative services under section 9.901 of the 2209
Revised Code, establish and maintain an individual self-insurance 2210
program with public moneys to provide authorized health care 2211
benefits, including but not limited to, health care, prescription 2212
drugs, dental care, and vision care, in accordance with division 2213
(C) of this section;2214

       (2) Establish and maintain a health savings account program 2215
whereby employees or officers may establish and maintain health 2216
savings accounts in accordance with section 223 of the Internal 2217
Revenue Code. Public moneys may be used to pay for or fund 2218
federally qualified high deductible health plans that are linked 2219
to health savings accounts or to make contributions to health 2220
savings accounts. A health savings account program may be a part 2221
of a self-insurance program.2222

       (3) After establishing an individual self-insurance program, 2223
agree with other political subdivisions that have established 2224
individual self-insurance programs for health care benefits, that 2225
their programs will be jointly administered in a manner specified 2226
in the agreement pursuant to approval under section 9.901 of the 2227
Revised Code;2228

       (4) Pursuant to a written agreement, pursuant to approval 2229
under section 9.901 of the Revised Code, and in accordance with 2230
division (C) of this section, join in any combination with other 2231
political subdivisions to establish and maintain a joint 2232
self-insurance program to provide health care benefits;2233

       (5) Pursuant to a written agreement, join in any combination 2234
with other political subdivisions to procure or contract for 2235
policies, contracts, or plans of insurance to provide health care 2236
benefits, which may include a health savings account program, for 2237
their officers and employees subject to the agreement;2238

       (6) Use in any combination any of the policies, contracts, 2239
plans, or programs authorized under this division.2240

       (7) Any agreement made under divisions (B)(3), (4), (5), or 2241
(6) of this section shall be in writing, comply with division (C) 2242
of this section, and contain best practices established in 2243
consultation with and approved by the department of administrative 2244
services. These best practices shall provide standards upon which 2245
the program providing benefits shall adhere to in the selection 2246
and implementation of the health care plan. The best practices may 2247
be reviewed and amended at the discretion of the political 2248
subdivisions in consultation with the department. Detailed 2249
information regarding the best practices shall be made available 2250
to any employee upon that employee's request.2251

       (8) The department of administrative services may adopt rules 2252
for the adoption and enforcement of the best practices standards.2253

       (C) Except as otherwise provided in division (E) of this 2254
section or by section 9.901 of the Revised Code, the following 2255
apply to individual or joint self-insurance programs established 2256
pursuant to this section:2257

       (1) Such funds shall be reserved as are necessary, in the 2258
exercise of sound and prudent actuarial judgment, to cover 2259
potential cost of health care benefits for the officers and 2260
employees of the political subdivision. A certified audited 2261
financial statement and a report of amounts so reserved and 2262
disbursements made from such funds, together with a written report 2263
of a member of the American academy of actuaries certifying 2264
whether the amounts reserved conform to the requirements of this 2265
division, are computed in accordance with accepted loss reserving 2266
standards, and are fairly stated in accordance with sound loss 2267
reserving principles, shall be prepared and maintained, within 2268
ninety days after the last day of the fiscal year of the entity 2269
for which the report is provided for that fiscal year, in the 2270
office of the program administrator described in division (C)(3) 2271
of this section.2272

       The report required by division (C)(1) of this section shall 2273
include, but not be limited to, disbursements made for the 2274
administration of the program, including claims paid, costs of the 2275
legal representation of political subdivisions and employees, and 2276
fees paid to consultants. 2277

       The program administrator described in division (C)(3) of 2278
this section shall make the report required by this division 2279
available for inspection by any person at all reasonable times 2280
during regular business hours, and, upon the request of such 2281
person, shall make copies of the report available at cost within a 2282
reasonable period of time. The program administrator shall further 2283
provide the report to the auditor of state under Chapter 117. of 2284
the Revised Code.2285

       (2) Each political subdivision shall reserve funds necessary 2286
for an individual or joint self-insurance program in a special 2287
fund that may be established for political subdivisions other than 2288
an agency or instrumentality pursuant to an ordinance or 2289
resolution of the political subdivision and not subject to section 2290
5705.12 of the Revised Code. An agency or instrumentality shall 2291
reserve the funds necessary for an individual or joint 2292
self-insurance program in a special fund established pursuant to a 2293
resolution duly adopted by the agency's or instrumentality's 2294
governing board. The political subdivision may allocate the costs 2295
of insurance or any self-insurance program, or both, among the 2296
funds or accounts established under this division on the basis of 2297
relative exposure and loss experience.2298

       (3) A contract may be awarded, without the necessity of 2299
competitive bidding, to any person, political subdivision, 2300
nonprofit corporation organized under Chapter 1702. of the Revised 2301
Code, or regional council of governments created under Chapter 2302
167. of the Revised Code for purposes of administration of an 2303
individual or joint self-insurance program. No such contract shall 2304
be entered into without full, prior, public disclosure of all 2305
terms and conditions. The disclosure shall include, at a minimum, 2306
a statement listing all representations made in connection with 2307
any possible savings and losses resulting from the contract, and 2308
potential liability of any political subdivision or employee. The 2309
proposed contract and statement shall be disclosed and presented 2310
at a meeting of the political subdivision not less than one week 2311
prior to the meeting at which the political subdivision authorizes 2312
the contract.2313

       A contract awarded to a nonprofit corporation or a regional 2314
council of governments under this division may provide that all 2315
employees of the nonprofit corporation or regional council of 2316
governments and the employees of all entities related to the 2317
nonprofit corporation or regional council of governments may be 2318
covered by the individual or joint self-insurance program under 2319
the terms and conditions set forth in the contract.2320

       (4) The individual or joint self-insurance program shall 2321
include a contract with a certified public accountant and a member 2322
of the American academy of actuaries for the preparation of the 2323
written evaluation of the reserve fundsevaluations required under 2324
division (C)(1) of this section.2325

       (5) A joint self-insurance program may allocate the costs of 2326
funding the program among the funds or accounts established under 2327
this division to the participating political subdivisions on the 2328
basis of their relative exposure and loss experience.2329

       (6) An individual self-insurance program may allocate the 2330
costs of funding the program among the funds or accounts 2331
established under this division to the political subdivision that 2332
established the program.2333

       (7) Two or more political subdivisions may also authorize the 2334
establishment and maintenance of a joint health care cost 2335
containment program, including, but not limited to, the employment 2336
of risk managers, health care cost containment specialists, and 2337
consultants, for the purpose of preventing and reducing health 2338
care costs covered by insurance, individual self-insurance, or 2339
joint self-insurance programs.2340

       (8) A political subdivision is not liable under a joint 2341
self-insurance program for any amount in excess of amounts payable 2342
pursuant to the written agreement for the participation of the 2343
political subdivision in the joint self-insurance program. Under a 2344
joint self-insurance program agreement, a political subdivision 2345
may, to the extent permitted under the written agreement, assume 2346
the risks of any other political subdivision. A joint 2347
self-insurance program established under this section is deemed a 2348
separate legal entity for the public purpose of enabling the 2349
members of the joint self-insurance program to obtain insurance or 2350
to provide for a formalized, jointly administered self-insurance 2351
fund for its members. An entity created pursuant to this section 2352
is exempt from all state and local taxes.2353

       (9) Any political subdivision, other than an agency or 2354
instrumentality, may issue general obligation bonds, or special 2355
obligation bonds that are not payable from real or personal 2356
property taxes, and may also issue notes in anticipation of such 2357
bonds, pursuant to an ordinance or resolution of its legislative 2358
authority or other governing body for the purpose of providing 2359
funds to pay expenses associated with the settlement of claims, 2360
whether by way of a reserve or otherwise, and to pay the political 2361
subdivision's portion of the cost of establishing and maintaining 2362
an individual or joint self-insurance program or to provide for 2363
the reserve in the special fund authorized by division (C)(2) of 2364
this section.2365

       In its ordinance or resolution authorizing bonds or notes 2366
under this section, a political subdivision may elect to issue 2367
such bonds or notes under the procedures set forth in Chapter 133. 2368
of the Revised Code. In the event of such an election, 2369
notwithstanding Chapter 133. of the Revised Code, the maturity of 2370
the bonds may be for any period authorized in the ordinance or 2371
resolution not exceeding twenty years, which period shall be the 2372
maximum maturity of the bonds for purposes of section 133.22 of 2373
the Revised Code.2374

       Bonds and notes issued under this section shall not be 2375
considered in calculating the net indebtedness of the political 2376
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of 2377
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are 2378
hereby made applicable to bonds or notes authorized under this 2379
section.2380

       (10) A joint self-insurance program is not an insurance 2381
company. Its operation does not constitute doing an insurance 2382
business and is not subject to the insurance laws of this state.2383

       (D) A political subdivision may procure group life insurance 2384
for its employees in conjunction with an individual or joint 2385
self-insurance program authorized by this section, provided that 2386
the policy of group life insurance is not self-insured.2387

       (E) Divisions (C)(1), (2), and (4) of thisThis section do2388
does not apply to individual self-insurance programs increated 2389
solely by municipal corporations, townships, or countiesas 2390
defined in section 5705.01 of the Revised Code.2391

       (F) A public official or employee of a political subdivision 2392
who is or becomes a member of the governing body of the program 2393
administrator of a joint self-insurance program in which the 2394
political subdivision participates is not in violation of division 2395
(D) or (E) of section 102.03, division (C) of section 102.04, or 2396
section 2921.42 of the Revised Code as a result of either of the 2397
following:2398

       (1) The political subdivision's entering under this section 2399
into the written agreement to participate in the joint 2400
self-insurance program;2401

       (2) The political subdivision's entering under this section 2402
into any other contract with the joint self-insurance program.2403

       Sec. 9.90.  (A) The governing board of any public institution 2404
of higher education, including without limitation state 2405
universities and colleges, community college districts, university 2406
branch districts, technical college districts, and municipal 2407
universities,The following applies until the department of 2408
administrative services implements healthcare plans designed under 2409
section 9.901 of the Revised Code. If those plans do not include 2410
or address any benefits listed in this section, the following 2411
provisions continue in effect for those benefits. The board of 2412
trustees or other governing body of a state institution of higher 2413
education, as defined in section 3345.011 of the Revised Code, 2414
board of education of a school district, or governing board of an 2415
educational service center may, in addition to all other powers 2416
provided in the Revised Code:2417

       (1) Contract for, purchase, or otherwise procure from an 2418
insurer or insurers licensed to do business by the state of Ohio 2419
for or on behalf of such of its employees as it may determine, 2420
life insurance, or sickness, accident, annuity, endowment, health, 2421
medical, hospital, dental, or surgical coverage and benefits, or 2422
any combination thereof, by means of insurance plans or other 2423
types of coverage, family, group or otherwise, and may pay from 2424
funds under its control and available for such purpose all or any 2425
portion of the cost, premium, or charge for such insurance, 2426
coverage, or benefits. However, the governing board, in addition 2427
to or as an alternative to the authority otherwise granted by 2428
division (A)(1) of this section, may elect to procure coverage for 2429
health care services, for or on behalf of such of its employees as 2430
it may determine, by means of policies, contracts, certificates, 2431
or agreements issued by at least two health insuring corporations 2432
holding a certificate of authority under Chapter 1751. of the 2433
Revised Code and may pay from funds under the governing board's 2434
control and available for such purpose all or any portion of the 2435
cost of such coverage.2436

       (2) Make payments to a custodial account for investment in 2437
regulated investment company stock for the purpose of providing 2438
retirement benefits as described in section 403(b)(7) of the 2439
Internal Revenue Code of 1954, as amended. Such stock shall be 2440
purchased only from persons authorized to sell such stock in this 2441
state.2442

       Any income of an employee deferred under divisions (A)(1) and 2443
(2) of this section in a deferred compensation program eligible 2444
for favorable tax treatment under the Internal Revenue Code of 2445
1954, as amended, shall continue to be included as regular 2446
compensation for the purpose of computing the contributions to and 2447
benefits from the retirement system of such employee. Any sum so 2448
deferred shall not be included in the computation of any federal 2449
and state income taxes withheld on behalf of any such employee.2450

       (B) All or any portion of the cost, premium, or charge 2451
therefor may be paid in such other manner or combination of 2452
manners as the governing board or governing body may determine, 2453
including direct payment by the employee in cases under division 2454
(A)(1) of this section, and, if authorized in writing by the 2455
employee in cases under division (A)(1) or (2) of this section, by 2456
such governingthe board or governing body with moneys made 2457
available by deduction from or reduction in salary or wages or by 2458
the foregoing of a salary or wage increase. Nothing in section 2459
3917.01 or section 3917.06 of the Revised Code shall prohibit the 2460
issuance or purchase of group life insurance authorized by this 2461
section by reason of payment of premiums therefor by the governing2462
board or governing body from its funds, and such group life 2463
insurance may be so issued and purchased if otherwise consistent 2464
with the provisions of sections 3917.01 to 3917.07 of the Revised 2465
Code.2466

       (C) The board of education of any school district may 2467
exercise any of the powers granted to the governing boards of 2468
public institutions of higher education under divisions (A) and 2469
(B) of this section, except in relation to the provision of health 2470
care benefits to employees. All health care benefits provided to 2471
persons employed by the public schools of this state shall be 2472
through health care plans that contain best practices established 2473
by the school employees health care board or the department of 2474
administrative services pursuant to section 9.901 of the Revised 2475
Code, until the department implements for public school districts 2476
the health care plans designed under section 9.901 of the Revised 2477
Code.2478

       (D) Once the department of administrative services releases 2479
in final form health care plans designed under section 9.901 of 2480
the Revised Code, all health care benefits provided to persons 2481
employed by state institutions of higher education, school 2482
districts, or educational service centers may be through those 2483
plans.2484

       Sec. 9.901.  (A)(1) AllUntil the department implements for 2485
public school districts the health care plans designed under this 2486
section, all health care benefits provided to persons employed by 2487
the political subdivisions and public school districts of this 2488
state shall be provided by health care plans that contain best 2489
practices established pursuant to this section by the school 2490
employees health care board or the department of administrative 2491
services. Twelve months after the release of best practices by the 2492
board all policies or contracts for health care benefits provided 2493
to public school district employees that are issued or renewed 2494
after the expiration of any applicable collective bargaining 2495
agreement must contain best practices established pursuant to this 2496
section by the board. Any or all of the health care plans that 2497
contain best practices specified by the board may be self-insured. 2498
As used in this section, a "public school district" means a city, 2499
local, exempted village, or joint vocational school district, and 2500
includes the educational service centers associated with those 2501
districts but not charter schools.2502

       (2) The board shall determine what strategies are used by the 2503
existing medical plans to manage health care costs and shall study 2504
the potential benefits of state or regional consortiums of public 2505
schools offering multiple health care plans.Upon completion of 2506
the consultant's report under division (E) of this section and 2507
once the plans are released in final form by the department, all 2508
health care benefits provided to persons employed by political 2509
subdivisions, public school districts, and state institutions of 2510
higher education may be provided by health care plans designed 2511
under this section by the department. The department, in 2512
consultation with the superintendent of insurance, may negotiate 2513
with and, in accordance with the competitive selection procedures 2514
of Chapter 125. of the Revised Code, contract with one or more 2515
insurance companies authorized to do business in this state for 2516
the issuance of the plans. Any or all of the health care plans 2517
designed by the department may be self-insured. All self-insured 2518
plans adopted shall be administered by the department in 2519
accordance with this section. The plans shall incorporate the best 2520
practices adopted by the department under division (C)(3) of this 2521
section.2522

       (3) Before soliciting proposals from insurance companies for 2523
the issuance of health care plans, the department shall determine 2524
what geographic regions exist in the state based on the 2525
availability of providers, networks, costs, and other factors 2526
relating to providing health care benefits. The department shall 2527
then determine what health care plans offered by political 2528
subdivisions, public school districts, state institutions, and 2529
existing consortiums in the region offer the most cost-effective 2530
plan.2531

       (4) The department shall develop a request for proposals and 2532
solicit bids for health care plans for political subdivisions, 2533
public school districts, and state institutions in a region 2534
similar to the existing plans. The department shall also determine 2535
the benefits offered by existing health care plans, the employees' 2536
costs, and the cost-sharing arrangements used by political 2537
subdivisions, schools, and institutions participating in a 2538
consortium. The department shall determine what strategies are 2539
used by the existing plans to manage health care costs and shall 2540
study the potential benefits of state or regional consortiums 2541
offering multiple health care plans.2542

       (5) No political subdivision, public school district, or 2543
state institution may be required to offer the health care plans 2544
designed under this section until they are released in final form 2545
by the department.2546

       In addition, political subdivisions, public school districts, 2547
or state institutions offering employee health care benefits 2548
through a plan offered by a consortium of two or more political 2549
subdivisions, districts, or state institutions, or a consortium of 2550
one or more political subdivisions, districts, or state 2551
institutions and one or more other political subdivisions, as 2552
defined in section 9.833 of the Revised Code may request 2553
permission from the department to continue offering consortium 2554
plans to the political subdivisions', districts', or institutions' 2555
employees at the discretion of the department.2556

       (6) As used in this section:2557

       (a) "Public school district" means a city, local, exempted 2558
village, or joint vocational school district; a STEM school 2559
established under Chapter 3326. of the Revised Code; or an 2560
educational service center. "Public school district" does not mean 2561
a community school established under Chapter 3314. of the Revised 2562
Code.2563

       (b) "State institution of higher education" or "state 2564
institution" means a state institution of higher education as 2565
defined in section 3345.011 of the Revised Code.2566

       (c) "Political subdivision" has the same meaning as defined 2567
in section 9.833 of the Revised Code.2568

       (d) A "health care plan" includes group policies, contracts, 2569
and agreements that provide hospital, surgical, or medical expense 2570
coverage, including self-insured plans. A "health care plan" does 2571
not include an individual plan offered to the employees of a 2572
political subdivision, public school district, or state 2573
institution, or a plan that provides coverage only for specific 2574
disease or accidents, or a hospital indemnity, medicare 2575
supplement, or other plan that provides only supplemental 2576
benefits, paid for by the employees of a political subdivision,2577
public school district, or state institution.2578

       (b)(e) A "health plan sponsor" means a political subdivision,2579
public school district, a state institution of higher education, a 2580
consortium of political subdivisions, public school districts, or 2581
state institutions, or a council of governments.2582

       (B) The school employees health care board is hereby created. 2583
The school employees health care board shall consist of the 2584
following twelve members and shall include individuals with 2585
experience with public school district benefit programs, health 2586
care industry providers, and health care plan beneficiaries:2587

       (1) Four members appointed by the governor, one of whom shall 2588
be representative of nonadministrative public school district 2589
employees;2590

       (2) Four members appointed by the president of the senate, 2591
one of whom shall be representative of nonadministrative public 2592
school district employees;2593

       (3) Four members appointed by the speaker of the house of 2594
representatives, one of whom shall be representative of 2595
nonadministrative public school district employees.2596

       A member of the school employees health care board shall not 2597
be employed by, represent, or in any way be affiliated with a 2598
private entity that is providing services to the board, an 2599
individual school district, employers, or employees in the state 2600
of Ohio.2601

       (C)(1) Members of the school employees health care board 2602
shall serve four-year terms, but may be reappointed, except as 2603
otherwise specified in division (B) of this section.2604

        A member shall continue to serve subsequent to the expiration 2605
of the member's term until a successor is appointed. Any vacancy 2606
occurring during a member's term shall be filled in the same 2607
manner as the original appointment, except that the person 2608
appointed to fill the vacancy shall be appointed to the remainder 2609
of the unexpired term.2610

       (2) Members shall receive compensation fixed pursuant to 2611
division (J) of section 124.15 of the Revised Code and shall be 2612
reimbursed from the school employees health care fund for actual 2613
and necessary expenses incurred in the performance of their 2614
official duties as members of the board.2615

       (3) Members may be removed by their appointing authority for 2616
misfeasance, malfeasance, incompetence, dereliction of duty, or 2617
other just cause.2618

       (D)(1) At the first meeting of the board after the first day 2619
of January of each calendar year, the board shall elect a 2620
chairperson and may elect members to other positions on the board 2621
as the board considers necessary or appropriate. The board shall 2622
meet at least nine times each calendar year and shall also meet at 2623
the call of the chairperson or four or more board members. The 2624
chairperson shall provide reasonable advance notice of the time 2625
and place of board meetings to all members.2626

       (2) A majority of the board constitutes a quorum for the 2627
transaction of business at a board meeting. A majority vote of the 2628
members present is necessary for official action.2629

       (E) The school employees health care board shall conduct its 2630
business at open meetings; however, the records of the board are 2631
not public records for purposes of section 149.43 of the Revised 2632
Code.2633

       (F) The schoolpolitical subdivisions and public employees 2634
health care fund is hereby created in the state treasury. The 2635
boarddepartment shall use all funds in the schoolpolitical 2636
subdivisions and public employees health care fund solely to carry 2637
out the provisions of this section and related administrative 2638
costs. 2639

       (G)(C) The school employees health care boarddepartment2640
shall do all of the following:2641

       (1) Include disease management and consumer education 2642
programs, which programs shall include, but are not limited to, 2643
wellness programs and other measures designed to encourage the 2644
wise use of medical plan coverage. These programs are not services 2645
or treatments for purposes of section 3901.71 of the Revised Code. 2646

       (2) Design health care plans for political subdivisions, 2647
public school districts, and state institutions of higher 2648
education in accordance with division (A) of this section separate 2649
from the plans for state agencies;2650

       (3) Adopt and release a set of standards that shall be 2651
considered the best practices to which public school districts 2652
shall adhere in the selection and implementation offor health 2653
care plans offered to employees of political subdivisions, public 2654
school districts, and state institutions.2655

       (2)(4) Require that the plans the health plan sponsors 2656
administer make readily available to the public all cost and 2657
design elements of the plan;2658

       (3) Work with health plan sponsors through educational 2659
outlets and consultation;2660

       (4) Maintain a commitment to transparency and public access 2661
of its meetings and activity pursuant to division (E) of this 2662
section; 2663

       (5) Set employee and employer health care plan premiums for 2664
the plans designed under division (C)(2) of this section;2665

       (6) Promote cooperation among all organizations affected by 2666
this section in identifying the elements for the successful 2667
implementation of this section;2668

       (6)(7) Promote cost containment measures aligned with 2669
patient, plan, and provider management strategies in developing 2670
and managing health care plans;2671

       (7)(8) Prepare and disseminate to the public an annual report 2672
on the status of health plan sponsors' effectiveness in making 2673
progress to reduce the rate of increase in insurance premiums and 2674
employee out of pocket expenses, as well as progress in improving 2675
the health status of political subdivision, public school 2676
district, and state institution employees and their families.2677

       (H)(D) The sections in Chapter 3923. of the Revised Code 2678
regulating public employee benefit plans are not applicable to the 2679
health care plans designed pursuant to this section.2680

       (I) The board may contract with one or more independent 2681
consultants to analyze costs related to employee health care 2682
benefits provided by existing public school district plans in this 2683
state. The consultants may evaluate the benefits offered by 2684
existing health care plans, the employees' costs, and the 2685
cost-sharing arrangements used by public school districts either 2686
participating in a consortium or by other means. The consultants 2687
may evaluate what strategies are used by the existing health care 2688
plans to manage health care costs and the potential benefits of 2689
state or regional consortiums of public schools offering multiple 2690
health care plans. Based on the findings of the analysis, the 2691
consultants may submit written recommendations to the board for 2692
the development and implementation of successful best practices 2693
and programs for improving school districts' purchasing power for 2694
the acquisition of employee health care plans(E) Before the 2695
department's release of the initial health care plans, the 2696
department shall contract with an independent consultant to 2697
analyze costs related to employee health care benefits provided by 2698
existing political subdivision, public school district, and state 2699
institution plans. All political subdivisions shall provide 2700
information requested by the department that the department 2701
determines is needed to complete this study. The information 2702
requested shall be held confidentially by the department and shall 2703
not be considered a public record under Chapter 149. of the 2704
Revised Code. The department may release the information after 2705
redacting all personally identifiable information. The consultant 2706
shall determine the benefits offered by existing plans, the 2707
employees' costs, and the cost-sharing arrangements used by 2708
political subdivisions, schools, and institutions participating in 2709
a consortium. The consultant shall determine what strategies are 2710
used by the existing plans to manage health care costs and shall 2711
study the potential benefits of state or regional consortiums of 2712
political subdivisions, public schools, and institutions offering 2713
multiple health care plans. Based on the findings of the analysis, 2714
the consultant shall submit written recommendations to the 2715
department for the development and implementation of a successful 2716
program for pooling purchasing power for the acquisition of 2717
employee health care plans. The consultant's recommendations shall 2718
address, at a minimum, all of the following issues:2719

       (1) The development of a plan for regional coordination of 2720
the health care plans;2721

       (2) The establishment of regions for the provision of health 2722
care plans, based on the availability of providers and plans in 2723
the state at the time;2724

       (3) The viability of voluntary and mandatory participation by 2725
political subdivisions, public schools, and institutions of higher 2726
education;2727

       (4) The use of regional preferred provider and closed panel 2728
plans, health savings accounts, and alternative health care plans, 2729
to stabilize both costs and the premiums charged to political 2730
subdivisions, public school districts, and state institutions and 2731
their employees;2732

       (5) The use of the competitive bidding process for regional 2733
health care plans;2734

       (6) The use of information on claims and costs and of 2735
information reported by political subdivisions, public school 2736
districts, and state institutions pursuant to the Consolidated 2737
Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C. 2738
1161, as amended in analyzing administrative and premium costs;2739

       (7) The experience of states that have statewide health care 2740
plans for political subdivision, public school district, and state 2741
institution employees, including the implementation strategies 2742
used by those states;2743

       (8) Recommended strategies for the use of first-year roll-in 2744
premiums in the transition from political subdivision, district, 2745
and state institution health care plans to department plans;2746

       (9) The option of allowing political subdivisions, public 2747
school districts, and state institutions to join an existing 2748
regional consortium as an alternative to department plans;2749

       (10) Mandatory and optional coverages to be offered by the 2750
department's plans;2751

       (11) Potential risks to the state from the use of plans 2752
developed under this section;2753

       (12) Any legislation needed to ensure the long-term financial 2754
solvency and stability of a health care purchasing system;2755

       (13) The potential impacts of any changes to the existing 2756
purchasing structure on all of the following:2757

       (a) Existing health care pooling and consortiums;2758

       (b) Political subdivision, school district, and state 2759
institution employees;2760

       (c) Individual political subdivisions, school districts, and 2761
state institutions.2762

       (14) Issues that could arise when political subdivisions, 2763
school districts, and state institutions transition from the 2764
existing purchasing structure to a new purchasing structure;2765

       (15) Strategies available to the department in the creation 2766
of fund reserves and the need for stop-loss insurance coverage for 2767
catastrophic losses;2768

       (16) Impact on eliminating the premium tax or excise 2769
currently received on behalf of a public employer under division 2770
(A) of section 5725.18 and division (A) of 5729.03 of the Revised 2771
Code; 2772

       (17) How development of the federal health exchange in Ohio 2773
may impact public employees and the private health insurance 2774
market;2775

       (18) Impact of joint health insurance regional program on 2776
insurance carriers and agents.2777

       (J)(F) The public schools health care advisory committee is 2778
hereby created under the school employees health care board2779
department of administrative services. The committee shall make 2780
recommendations to the school employees health care board related 2781
to the board's accomplishment of the duties assigned to the board2782
director of administrative services or the director's designee on 2783
the development and adoption of best practices under this section. 2784
The committee shall consist of eighteenfifteen members appointed 2785
by the speaker of the house of representatives, the president of 2786
the senate, and the governor and shall include representatives 2787
from state and local government employers, state and local 2788
government employees, insurance agents, health insurance 2789
companies, and joint purchasing arrangements currently in 2790
existence. The governor shall appoint two representatives each 2791
from the Ohio education association, the Ohio school boards 2792
association, and a health insuring corporation licensed to do 2793
business in Ohio and recommended by the Ohio association of Health 2794
Plans. The speaker shall appoint two representatives each from the 2795
Ohio association of school business officials, the Ohio federation 2796
of teachers, and the buckeye association of school administrators. 2797
The president of the senate shall appoint two representatives each 2798
from the Ohio association of health underwriters, an existing 2799
health care consortium serving public schools, and the Ohio 2800
association of public school employees. The initial appointees 2801
shall serve until December 31, 2007; subsequent two-year 2802
appointments, to commence on the first day of January of each year 2803
thereafter, and shall be made in the same manner. A member shall 2804
continue to serve subsequent to the expiration of the member's 2805
term until the member's successor is appointed. Any vacancy 2806
occurring during a member's term shall be filled in the same 2807
manner as the original appointment, except that the person 2808
appointed to fill the vacancy shall be appointed to the remainder 2809
of the unexpired term. The advisory committee shall elect a 2810
chairperson at its first meeting after the first day of January 2811
each year who shall call the time and place of future committee 2812
meetings in addition to the meetings that are to be held jointly 2813
with the school employees health care board. Committee members are 2814
not subject to the conditions for eligibility set by division (B) 2815
of this section for members of the school employees health care 2816
board.Nothing in this section prohibits a political subdivision 2817
from adopting a delivery system of benefits that is not in 2818
accordance with the department's adopted best practices if it is 2819
considered to be most financially advantageous to the political 2820
subdivision.2821

       (K)(G) The boarddepartment may adopt rules for the 2822
enforcement of health plan sponsors' compliance with the best 2823
practices standards adopted by the boarddepartment pursuant to 2824
this section.2825

       (L) Any districts providing health care plan coverage for the 2826
employees of public school districts shall provide nonidentifiable 2827
aggregate claims data for the coverage to the school employees 2828
health care board, without charge, within sixty days after 2829
receiving a written request from the board.(H) Any health care 2830
plan providing coverage for the employees of political 2831
subdivisions, public school districts, or state institutions of 2832
higher education, or that have provided coverage within two years 2833
before the effective date of this amendment, shall provide 2834
nonidentifiable aggregate claims data for the coverage provided to 2835
the department, without charge, within thirty days after receiving 2836
a written request from the department. The claims data shall 2837
include data relating to employee group benefit sets, 2838
demographics, and claims experience.2839

       (M)(I)(1) The school employees health care boarddepartment2840
may contract with other state agencies for services as the board2841
department deems necessary for the implementation and operation of 2842
this section, based on demonstrated experience and expertise in 2843
administration, management, data handling, actuarial studies, 2844
quality assurance, or for other needed services. The school 2845
employees health care board may contract with the department of 2846
administrative services for central services until such time the 2847
board deems itself able to obtain such services from its own staff 2848
or from other sources. The board shall reimburse the department of 2849
administrative services for the reasonable cost of those services.2850

       (2) The boarddepartment shall hire staff as necessary to 2851
provide administrative support to the boarddepartment and the 2852
public school employee health care plan program established by 2853
this section.2854

       (N)(J) Not more than ninety days before coverage begins for 2855
political subdivision, public school district, and state 2856
institution employees under health care plans containing best 2857
practices prescribeddesigned by the school employees health care 2858
boarddepartment, a political subdivision's governing body, public 2859
school district's board of education, and a state institution's 2860
board of trustees or managing authority shall provide detailed 2861
information about the health care plans to the employees.2862

       (O)(K) Nothing in this section shall be construed as 2863
prohibiting political subdivisions, public school districts, or 2864
state institutions from consulting with and compensating insurance 2865
agents and brokers for professional services or from establishing 2866
a self-insurance program, if the department approves that program 2867
as specified under section 9.833 of the Revised Code.2868

       (P)(1)(L) Pursuant to Chapter 117. of the Revised Code, the 2869
auditor of state shall conduct all necessary and required audits 2870
of the boarddepartment. The auditor of state, upon request, also 2871
shall furnish to the boarddepartment copies of audits of 2872
political subdivisions, public school districts, or consortia 2873
performed by the auditor of state.2874

       Sec. 101.36.  (A) As used in this section:2875

       (1) "Tax expenditure" has the same meaning as in section 2876
5703.48 of the Revised Code.2877

       (2) "Tax expenditure bill" means a bill introduced in the 2878
house of representatives or the senate that proposes to enact or 2879
modify one or more tax expenditures.2880

       (B) There is hereby created the joint tax expenditure review 2881
committee, consisting of eight members, composed of the following:2882

       (1) The chair and ranking minority member of the house of 2883
representatives committee that deals primarily with tax 2884
legislation;2885

       (2) The chair and ranking minority member of the senate 2886
committee that deals primarily with tax legislation;2887

       (3) Two members of the house of representatives appointed by 2888
the speaker of the house of representatives;2889

       (4) Two members of the senate appointed by the president of 2890
the senate.2891

       The speaker of the house of representatives and the president 2892
of the senate shall make initial appointments to the board not 2893
later than thirty days following the effective date of the 2894
enactment of this section. Thereafter, the terms of the office 2895
shall be the same as the term of each general assembly. Members 2896
may be reappointed, provided the member continues to meet all 2897
other eligibility requirements. Vacancies shall be filled in the 2898
manner provided for original appointments. Any member appointed to 2899
fill a vacancy before the expiration of the term for which the 2900
predecessor was appointed shall hold office as a member for the 2901
remainder of that term. Appointed members of the committee serve 2902
at the pleasure of the members' appointing authority and may be 2903
removed only by the appointing authority.2904

       (C) The joint tax expenditure review committee shall hold its 2905
first meeting within ninety days after the effective date of the 2906
enactment of this section. At the first meeting, the members shall 2907
elect a chairperson. Thereafter, the committee shall meet at least 2908
twice per year at the call of the chairperson. The committee is a 2909
public body for the purposes of section 121.22 of the Revised 2910
Code. 2911

       A vacancy on the committee does not impair the right of the 2912
other members to exercise all the functions of the committee. The 2913
presence of a majority of the members of the committee constitutes 2914
a quorum for the conduct of business of the committee. The 2915
concurrence of at least a majority of the members of the committee 2916
is necessary for any action to be taken by the committee.2917

       The committee shall permit any person to present evidence or 2918
testimony related to tax expenditures at a meeting of the 2919
committee. Upon the committee's request, the department of 2920
taxation, department of development, office of budget and 2921
management, or other state agency shall provide any information in 2922
its possession that the committee requires to perform its duties.2923

       (D) The committee shall establish a schedule for review for 2924
each tax expenditure so that each expenditure is reviewed at least 2925
once every eight years. The schedule may provide for the review of 2926
each tax expenditure in the order the expenditures were enacted or 2927
modified, beginning with the least recently enacted or modified 2928
tax expenditure. Alternatively, the review schedule may group tax 2929
expenditures by the individuals or industries benefiting from the 2930
expenditures, the objectives of each expenditure, or the policy 2931
rationale of each expenditure. In its review, the committee shall 2932
make recommendations as to whether each tax expenditure should be 2933
continued without modification, modified, scheduled for further 2934
review at a future date to consider repealing the expenditure, or 2935
repealed outright. For each expenditure reviewed, the committee 2936
may recommend accountability standards for the future review of 2937
the expenditure. The committee may consider, when reviewing a tax 2938
expenditure, any of the relevant factors in division (F) of this 2939
section.2940

       (E) Any tax expenditure bill shall include a statement 2941
explaining the objectives of the tax expenditure or its 2942
modification and the sponsor's intent in proposing the tax 2943
expenditure or its modification. Before a tax expenditure bill may 2944
be scheduled for a vote in any legislative committee, the bill 2945
must be reviewed by the joint tax expenditure review committee. 2946
The committee shall commence its review following the introduction 2947
of the tax expenditure bill in the chamber in which the bill 2948
originates. During the committee's review, the committee may 2949
consider any of the relevant factors in division (F) of this 2950
section. The committee shall issue copies of its review to each 2951
member of the legislative committee to which the bill has been 2952
referred upon the conclusion of the committee's review.2953

       (F) In conducting reviews pursuant to division (D) or (E) of 2954
this section, the committee may consider the following factors:2955

       (1) The number and classes of persons, organizations, 2956
businesses, or types of industries that would receive the direct 2957
benefit or consequences of the tax expenditure;2958

       (2) The fiscal impact of the tax expenditure on state and 2959
local taxing authorities, including, in the case of a review under 2960
division (D) of this section, any past fiscal effects and expected 2961
future fiscal impacts of the tax expenditure in the following 2962
eight-year period;2963

       (3) Public policy objectives that might support the tax 2964
expenditure. In researching such objectives, the committee may 2965
consider the expenditure's legislative history, the tax 2966
expenditure's sponsor's intent in proposing the tax expenditure, 2967
the extent to which the tax expenditure encourages or would 2968
encourage business growth or relocation into the state, promotes 2969
or would promote growth or retention of high-wage jobs in the 2970
state, or aids or would aid community stabilization. 2971

       (4) Whether the tax expenditure successfully accomplishes any 2972
of the objectives identified in division (F)(3) of this section;2973

       (5) Whether the objectives identified in division (F)(3) of 2974
this section would or could have been accomplished successfully in 2975
the absence of the tax expenditure or with less cost to the state 2976
or local governments;2977

       (6) Whether the objectives identified in division (F)(3) of 2978
this section could have been accomplished successfully through a 2979
program that requires legislative appropriations for funding;2980

       (7) The extent to which the tax expenditure may provide 2981
unintended benefits to an individual, organization, or industry 2982
other than those the legislature or sponsor intended or creates an 2983
unfair competitive advantage for its recipient with respect to 2984
other businesses in the state;2985

       (8) The extent to which terminating the tax expenditure may 2986
have negative effects on taxpayers that currently benefit from the 2987
tax expenditure;2988

       (9) The extent to which the repeal of the tax expenditure may 2989
have negative effects on the state's employment and economy;2990

       (10) The feasibility of modifying the tax expenditure to 2991
provide for adjustment or recapture of the proceeds of the tax 2992
expenditure if the objectives of the tax expenditure are not 2993
fulfilled by the recipient of the tax expenditure.2994

       (G) The committee shall annually prepare a report of its 2995
determinations under this section and, not later than the 2996
thirty-first day of December of each year, provide a copy of the 2997
report to the governor, the speaker of the house of 2998
representatives, the president of the senate, the minority leader 2999
of the house of representatives, and the minority leader of the 3000
senate. The first annual report may be submitted either in the 3001
year of the effective date of this act or in the following year.3002

       Sec. 101.532.  The main operating appropriations bill shall 3003
not contain appropriations for the industrial commission, the 3004
workers' compensation council, or the bureau of workers' 3005
compensation. Appropriations for the bureau and the council shall 3006
be enacted in one bill, and appropriations for the industrial 3007
commission shall be enacted in a separate bill.3008

       Sec. 101.711. (A) As used in this section:3009

        (1) "Public office" has the meaning defined in section 117.01 3010
of the Revised Code.3011

        (2) "Legislative agent" has the meaning defined in section 3012
101.70 of the Revised Code.3013

        (B) No public office shall enter into a contract with a 3014
legislative agent, with a cost exceeding fifty thousand dollars in 3015
a calendar year, without the approval of the controlling board.3016

        This section does not apply to an employment contract 3017
pursuant to which an individual is employed directly by a public 3018
office as a legislative agent.3019

       Sec. 101.82.  As used in sections 101.82 to 101.87 of the 3020
Revised Code:3021

       (A) "Agency" means any board, commission, committee, or 3022
council, or any other similar state public body required to be 3023
established pursuant to state statutes for the exercise of any 3024
function of state government and to which members are appointed or 3025
elected. "Agency" does not include the following:3026

       (1) The general assembly, or any commission, committee, or 3027
other body composed entirely of members of the general assembly;3028

       (2) Any court;3029

       (3) Any public body created by or directly pursuant to the 3030
constitution of this state;3031

       (4) The board of trustees of any institution of higher 3032
education financially supported in whole or in part by the state;3033

       (5) Any public body that has the authority to issue bonds or 3034
notes or that has issued bonds or notes that have not been fully 3035
repaid;3036

       (6) The public utilities commission of Ohio;3037

       (7) The consumers' council governing board;3038

       (8) The Ohio board of regents;3039

       (9) Any state board or commission that has the authority to 3040
issue any final adjudicatory order that may be appealed to the 3041
court of common pleas under Chapter 119. of the Revised Code;3042

       (10) Any board of elections;3043

       (11) The board of directors of the Ohio insurance guaranty 3044
association and the board of governors of the Ohio fair plan 3045
underwriting association;3046

       (12) The Ohio public employees deferred compensation board;3047

       (13) The Ohio retirement study council;3048

       (14) The board of trustees of the Ohio police and fire 3049
pension fund, public employees retirement board, school employees 3050
retirement board, state highway patrol retirement board, and state 3051
teachers retirement board;3052

       (15) The industrial commission;3053

       (16) The parole board;3054

       (17) The board of tax appeals;3055

       (18) The controlling board;3056

       (19) The release authority of department of youth services;3057

       (20) The environmental review appeals commission;3058

       (21) The Ohio ethics commission;3059

       (22) The Ohio public works commission;3060

       (23) The self-insuring employers evaluation board;3061

       (24) The state board of deposit;3062

       (25) The state employment relations board;3063

       (26) The workers' compensation council.3064

       (B) "Abolish" means to repeal the statutes creating and 3065
empowering an agency, remove its personnel, and transfer its 3066
records to the department of administrative services pursuant to 3067
division (E) of section 149.331 of the Revised Code.3068

       (C) "Terminate" means to amend or repeal the statutes 3069
creating and empowering an agency, remove its personnel, and 3070
reassign its functions and records to another agency or officer 3071
designated by the general assembly.3072

       (D) "Transfer" means to amend the statutes creating and 3073
empowering an agency so that its functions, records, and personnel 3074
are conveyed to another agency or officer.3075

       (E) "Renew" means to continue an agency, and may include 3076
amendment of the statutes creating and empowering the agency, or 3077
recommendations for changes in agency operation or personnel.3078

       Sec. 102.02.  (A) Except as otherwise provided in division 3079
(H) of this section, all of the following shall file with the 3080
appropriate ethics commission the disclosure statement described 3081
in this division on a form prescribed by the appropriate 3082
commission: every person who is elected to or is a candidate for a 3083
state, county, or city office and every person who is appointed to 3084
fill a vacancy for an unexpired term in such an elective office; 3085
all members of the state board of education; the director, 3086
assistant directors, deputy directors, division chiefs, or persons 3087
of equivalent rank of any administrative department of the state; 3088
the president or other chief administrative officer of every state 3089
institution of higher education as defined in section 3345.011 of 3090
the Revised Code; the executive director and the members of the 3091
capitol square review and advisory board appointed or employed 3092
pursuant to section 105.41 of the Revised Code; all members of the 3093
Ohio casino control commission, the executive director of the 3094
commission, all professional employees of the commission, and all 3095
technical employees of the commission who perform an internal 3096
audit function; the individuals set forth in division (B)(2) of 3097
section 187.03 of the Revised Code; the chief executive officer 3098
and the members of the board of each state retirement system; each 3099
employee of a state retirement board who is a state retirement 3100
system investment officer licensed pursuant to section 1707.163 of 3101
the Revised Code; the members of the Ohio retirement study council 3102
appointed pursuant to division (C) of section 171.01 of the 3103
Revised Code; employees of the Ohio retirement study council, 3104
other than employees who perform purely administrative or clerical 3105
functions; the administrator of workers' compensation and each 3106
member of the bureau of workers' compensation board of directors; 3107
the bureau of workers' compensation director of investments; the 3108
chief investment officer of the bureau of workers' compensation; 3109
the director appointed by the workers' compensation council; all 3110
members of the board of commissioners on grievances and discipline 3111
of the supreme court and the ethics commission created under 3112
section 102.05 of the Revised Code; every business manager, 3113
treasurer, or superintendent of a city, local, exempted village, 3114
joint vocational, or cooperative education school district or an 3115
educational service center; every person who is elected to or is a 3116
candidate for the office of member of a board of education of a 3117
city, local, exempted village, joint vocational, or cooperative 3118
education school district or of a governing board of an 3119
educational service center that has a total student count of 3120
twelve thousand or more as most recently determined by the 3121
department of education pursuant to section 3317.03 of the Revised 3122
Code; every person who is appointed to the board of education of a 3123
municipal school district pursuant to division (B) or (F) of 3124
section 3311.71 of the Revised Code; all members of the board of 3125
directors of a sanitary district that is established under Chapter 3126
6115. of the Revised Code and organized wholly for the purpose of 3127
providing a water supply for domestic, municipal, and public use, 3128
and that includes two municipal corporations in two counties; 3129
every public official or employee who is paid a salary or wage in 3130
accordance with schedule C of section 124.15 or schedule E-2 of 3131
section 124.152 of the Revised Code; members of the board of 3132
trustees and the executive director of the southern Ohio 3133
agricultural and community development foundation; all members 3134
appointed to the Ohio livestock care standards board under section 3135
904.02 of the Revised Code; and every other public official or 3136
employee who is designated by the appropriate ethics commission 3137
pursuant to division (B) of this section.3138

       The disclosure statement shall include all of the following:3139

       (1) The name of the person filing the statement and each 3140
member of the person's immediate family and all names under which 3141
the person or members of the person's immediate family do 3142
business;3143

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 3144
and except as otherwise provided in section 102.022 of the Revised 3145
Code, identification of every source of income, other than income 3146
from a legislative agent identified in division (A)(2)(b) of this 3147
section, received during the preceding calendar year, in the 3148
person's own name or by any other person for the person's use or 3149
benefit, by the person filing the statement, and a brief 3150
description of the nature of the services for which the income was 3151
received. If the person filing the statement is a member of the 3152
general assembly, the statement shall identify the amount of every 3153
source of income received in accordance with the following ranges 3154
of amounts: zero or more, but less than one thousand dollars; one 3155
thousand dollars or more, but less than ten thousand dollars; ten 3156
thousand dollars or more, but less than twenty-five thousand 3157
dollars; twenty-five thousand dollars or more, but less than fifty 3158
thousand dollars; fifty thousand dollars or more, but less than 3159
one hundred thousand dollars; and one hundred thousand dollars or 3160
more. Division (A)(2)(a) of this section shall not be construed to 3161
require a person filing the statement who derives income from a 3162
business or profession to disclose the individual items of income 3163
that constitute the gross income of that business or profession, 3164
except for those individual items of income that are attributable 3165
to the person's or, if the income is shared with the person, the 3166
partner's, solicitation of services or goods or performance, 3167
arrangement, or facilitation of services or provision of goods on 3168
behalf of the business or profession of clients, including 3169
corporate clients, who are legislative agents. A person who files 3170
the statement under this section shall disclose the identity of 3171
and the amount of income received from a person who the public 3172
official or employee knows or has reason to know is doing or 3173
seeking to do business of any kind with the public official's or 3174
employee's agency.3175

       (b) If the person filing the statement is a member of the 3176
general assembly, the statement shall identify every source of 3177
income and the amount of that income that was received from a 3178
legislative agent during the preceding calendar year, in the 3179
person's own name or by any other person for the person's use or 3180
benefit, by the person filing the statement, and a brief 3181
description of the nature of the services for which the income was 3182
received. Division (A)(2)(b) of this section requires the 3183
disclosure of clients of attorneys or persons licensed under 3184
section 4732.12 of the Revised Code, or patients of persons 3185
certified under section 4731.14 of the Revised Code, if those 3186
clients or patients are legislative agents. Division (A)(2)(b) of 3187
this section requires a person filing the statement who derives 3188
income from a business or profession to disclose those individual 3189
items of income that constitute the gross income of that business 3190
or profession that are received from legislative agents.3191

       (c) Except as otherwise provided in division (A)(2)(c) of 3192
this section, division (A)(2)(a) of this section applies to 3193
attorneys, physicians, and other persons who engage in the 3194
practice of a profession and who, pursuant to a section of the 3195
Revised Code, the common law of this state, a code of ethics 3196
applicable to the profession, or otherwise, generally are required 3197
not to reveal, disclose, or use confidences of clients, patients, 3198
or other recipients of professional services except under 3199
specified circumstances or generally are required to maintain 3200
those types of confidences as privileged communications except 3201
under specified circumstances. Division (A)(2)(a) of this section 3202
does not require an attorney, physician, or other professional 3203
subject to a confidentiality requirement as described in division 3204
(A)(2)(c) of this section to disclose the name, other identity, or 3205
address of a client, patient, or other recipient of professional 3206
services if the disclosure would threaten the client, patient, or 3207
other recipient of professional services, would reveal details of 3208
the subject matter for which legal, medical, or professional 3209
advice or other services were sought, or would reveal an otherwise 3210
privileged communication involving the client, patient, or other 3211
recipient of professional services. Division (A)(2)(a) of this 3212
section does not require an attorney, physician, or other 3213
professional subject to a confidentiality requirement as described 3214
in division (A)(2)(c) of this section to disclose in the brief 3215
description of the nature of services required by division 3216
(A)(2)(a) of this section any information pertaining to specific 3217
professional services rendered for a client, patient, or other 3218
recipient of professional services that would reveal details of 3219
the subject matter for which legal, medical, or professional 3220
advice was sought or would reveal an otherwise privileged 3221
communication involving the client, patient, or other recipient of 3222
professional services.3223

       (3) The name of every corporation on file with the secretary 3224
of state that is incorporated in this state or holds a certificate 3225
of compliance authorizing it to do business in this state, trust, 3226
business trust, partnership, or association that transacts 3227
business in this state in which the person filing the statement or 3228
any other person for the person's use and benefit had during the 3229
preceding calendar year an investment of over one thousand dollars 3230
at fair market value as of the thirty-first day of December of the 3231
preceding calendar year, or the date of disposition, whichever is 3232
earlier, or in which the person holds any office or has a 3233
fiduciary relationship, and a description of the nature of the 3234
investment, office, or relationship. Division (A)(3) of this 3235
section does not require disclosure of the name of any bank, 3236
savings and loan association, credit union, or building and loan 3237
association with which the person filing the statement has a 3238
deposit or a withdrawable share account.3239

       (4) All fee simple and leasehold interests to which the 3240
person filing the statement holds legal title to or a beneficial 3241
interest in real property located within the state, excluding the 3242
person's residence and property used primarily for personal 3243
recreation;3244

       (5) The names of all persons residing or transacting business 3245
in the state to whom the person filing the statement owes, in the 3246
person's own name or in the name of any other person, more than 3247
one thousand dollars. Division (A)(5) of this section shall not be 3248
construed to require the disclosure of debts owed by the person 3249
resulting from the ordinary conduct of a business or profession or 3250
debts on the person's residence or real property used primarily 3251
for personal recreation, except that the superintendent of 3252
financial institutions shall disclose the names of all 3253
state-chartered savings and loan associations and of all service 3254
corporations subject to regulation under division (E)(2) of 3255
section 1151.34 of the Revised Code to whom the superintendent in 3256
the superintendent's own name or in the name of any other person 3257
owes any money, and that the superintendent and any deputy 3258
superintendent of banks shall disclose the names of all 3259
state-chartered banks and all bank subsidiary corporations subject 3260
to regulation under section 1109.44 of the Revised Code to whom 3261
the superintendent or deputy superintendent owes any money.3262

       (6) The names of all persons residing or transacting business 3263
in the state, other than a depository excluded under division 3264
(A)(3) of this section, who owe more than one thousand dollars to 3265
the person filing the statement, either in the person's own name 3266
or to any person for the person's use or benefit. Division (A)(6) 3267
of this section shall not be construed to require the disclosure 3268
of clients of attorneys or persons licensed under section 4732.12 3269
or 4732.15 of the Revised Code, or patients of persons certified 3270
under section 4731.14 of the Revised Code, nor the disclosure of 3271
debts owed to the person resulting from the ordinary conduct of a 3272
business or profession.3273

       (7) Except as otherwise provided in section 102.022 of the 3274
Revised Code, the source of each gift of over seventy-five 3275
dollars, or of each gift of over twenty-five dollars received by a 3276
member of the general assembly from a legislative agent, received 3277
by the person in the person's own name or by any other person for 3278
the person's use or benefit during the preceding calendar year, 3279
except gifts received by will or by virtue of section 2105.06 of 3280
the Revised Code, or received from spouses, parents, grandparents, 3281
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 3282
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 3283
fathers-in-law, mothers-in-law, or any person to whom the person 3284
filing the statement stands in loco parentis, or received by way 3285
of distribution from any inter vivos or testamentary trust 3286
established by a spouse or by an ancestor;3287

       (8) Except as otherwise provided in section 102.022 of the 3288
Revised Code, identification of the source and amount of every 3289
payment of expenses incurred for travel to destinations inside or 3290
outside this state that is received by the person in the person's 3291
own name or by any other person for the person's use or benefit 3292
and that is incurred in connection with the person's official 3293
duties, except for expenses for travel to meetings or conventions 3294
of a national or state organization to which any state agency, 3295
including, but not limited to, any legislative agency or state 3296
institution of higher education as defined in section 3345.011 of 3297
the Revised Code, pays membership dues, or any political 3298
subdivision or any office or agency of a political subdivision 3299
pays membership dues;3300

       (9) Except as otherwise provided in section 102.022 of the 3301
Revised Code, identification of the source of payment of expenses 3302
for meals and other food and beverages, other than for meals and 3303
other food and beverages provided at a meeting at which the person 3304
participated in a panel, seminar, or speaking engagement or at a 3305
meeting or convention of a national or state organization to which 3306
any state agency, including, but not limited to, any legislative 3307
agency or state institution of higher education as defined in 3308
section 3345.011 of the Revised Code, pays membership dues, or any 3309
political subdivision or any office or agency of a political 3310
subdivision pays membership dues, that are incurred in connection 3311
with the person's official duties and that exceed one hundred 3312
dollars aggregated per calendar year;3313

       (10) If the disclosure statement is filed by a public 3314
official or employee described in division (B)(2) of section 3315
101.73 of the Revised Code or division (B)(2) of section 121.63 of 3316
the Revised Code who receives a statement from a legislative 3317
agent, executive agency lobbyist, or employer that contains the 3318
information described in division (F)(2) of section 101.73 of the 3319
Revised Code or division (G)(2) of section 121.63 of the Revised 3320
Code, all of the nondisputed information contained in the 3321
statement delivered to that public official or employee by the 3322
legislative agent, executive agency lobbyist, or employer under 3323
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 3324
the Revised Code.3325

       A person may file a statement required by this section in 3326
person or by mail. A person who is a candidate for elective office 3327
shall file the statement no later than the thirtieth day before 3328
the primary, special, or general election at which the candidacy 3329
is to be voted on, whichever election occurs soonest, except that 3330
a person who is a write-in candidate shall file the statement no 3331
later than the twentieth day before the earliest election at which 3332
the person's candidacy is to be voted on. A person who holds 3333
elective office shall file the statement on or before the 3334
fifteenth day of April of each year unless the person is a 3335
candidate for office. A person who is appointed to fill a vacancy 3336
for an unexpired term in an elective office shall file the 3337
statement within fifteen days after the person qualifies for 3338
office. Other persons shall file an annual statement on or before 3339
the fifteenth day of April or, if appointed or employed after that 3340
date, within ninety days after appointment or employment. No 3341
person shall be required to file with the appropriate ethics 3342
commission more than one statement or pay more than one filing fee 3343
for any one calendar year.3344

       The appropriate ethics commission, for good cause, may extend 3345
for a reasonable time the deadline for filing a statement under 3346
this section.3347

       A statement filed under this section is subject to public 3348
inspection at locations designated by the appropriate ethics 3349
commission except as otherwise provided in this section.3350

       (B) The Ohio ethics commission, the joint legislative ethics 3351
committee, and the board of commissioners on grievances and 3352
discipline of the supreme court, using the rule-making procedures 3353
of Chapter 119. of the Revised Code, may require any class of 3354
public officials or employees under its jurisdiction and not 3355
specifically excluded by this section whose positions involve a 3356
substantial and material exercise of administrative discretion in 3357
the formulation of public policy, expenditure of public funds, 3358
enforcement of laws and rules of the state or a county or city, or 3359
the execution of other public trusts, to file an annual statement 3360
on or before the fifteenth day of April under division (A) of this 3361
section. The appropriate ethics commission shall send the public 3362
officials or employees written notice of the requirement by the 3363
fifteenth day of February of each year the filing is required 3364
unless the public official or employee is appointed after that 3365
date, in which case the notice shall be sent within thirty days 3366
after appointment, and the filing shall be made not later than 3367
ninety days after appointment.3368

       Except for disclosure statements filed by members of the 3369
board of trustees and the executive director of the southern Ohio 3370
agricultural and community development foundation, disclosure 3371
statements filed under this division with the Ohio ethics 3372
commission by members of boards, commissions, or bureaus of the 3373
state for which no compensation is received other than reasonable 3374
and necessary expenses shall be kept confidential. Disclosure 3375
statements filed with the Ohio ethics commission under division 3376
(A) of this section by business managers, treasurers, and 3377
superintendents of city, local, exempted village, joint 3378
vocational, or cooperative education school districts or 3379
educational service centers shall be kept confidential, except 3380
that any person conducting an audit of any such school district or 3381
educational service center pursuant to section 115.56 or Chapter 3382
117. of the Revised Code may examine the disclosure statement of 3383
any business manager, treasurer, or superintendent of that school 3384
district or educational service center. Disclosure statements 3385
filed with the Ohio ethics commission under division (A) of this 3386
section by the individuals set forth in division (B)(2) of section 3387
187.03 of the Revised Code shall be kept confidential. The Ohio 3388
ethics commission shall examine each disclosure statement required 3389
to be kept confidential to determine whether a potential conflict 3390
of interest exists for the person who filed the disclosure 3391
statement. A potential conflict of interest exists if the private 3392
interests of the person, as indicated by the person's disclosure 3393
statement, might interfere with the public interests the person is 3394
required to serve in the exercise of the person's authority and 3395
duties in the person's office or position of employment. If the 3396
commission determines that a potential conflict of interest 3397
exists, it shall notify the person who filed the disclosure 3398
statement and shall make the portions of the disclosure statement 3399
that indicate a potential conflict of interest subject to public 3400
inspection in the same manner as is provided for other disclosure 3401
statements. Any portion of the disclosure statement that the 3402
commission determines does not indicate a potential conflict of 3403
interest shall be kept confidential by the commission and shall 3404
not be made subject to public inspection, except as is necessary 3405
for the enforcement of Chapters 102. and 2921. of the Revised Code 3406
and except as otherwise provided in this division.3407

       (C) No person shall knowingly fail to file, on or before the 3408
applicable filing deadline established under this section, a 3409
statement that is required by this section.3410

       (D) No person shall knowingly file a false statement that is 3411
required to be filed under this section.3412

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 3413
section, the statement required by division (A) or (B) of this 3414
section shall be accompanied by a filing fee of forty dollars.3415

       (2) The statement required by division (A) of this section 3416
shall be accompanied by the following filing fee to be paid by the 3417
person who is elected or appointed to, or is a candidate for, any 3418
of the following offices:3419

For state office, except member of the 3420
state board of education $65 3421
For office of member of general assembly $40 3422
For county office $40 3423
For city office $25 3424
For office of member of the state board 3425
of education $25 3426
For office of member of the Ohio 3427
livestock care standards board $25 3428
For office of member of a city, local, 3429
exempted village, or cooperative 3430
education board of 3431
education or educational service 3432
center governing board $20 3433
For position of business manager, 3434
treasurer, or superintendent of a 3435
city, local, exempted village, joint 3436
vocational, or cooperative education 3437
school district or 3438
educational service center $20 3439

       (3) No judge of a court of record or candidate for judge of a 3440
court of record, and no referee or magistrate serving a court of 3441
record, shall be required to pay the fee required under division 3442
(E)(1) or (2) or (F) of this section.3443

       (4) For any public official who is appointed to a nonelective 3444
office of the state and for any employee who holds a nonelective 3445
position in a public agency of the state, the state agency that is 3446
the primary employer of the state official or employee shall pay 3447
the fee required under division (E)(1) or (F) of this section.3448

       (F) If a statement required to be filed under this section is 3449
not filed by the date on which it is required to be filed, the 3450
appropriate ethics commission shall assess the person required to 3451
file the statement a late filing fee of ten dollars for each day 3452
the statement is not filed, except that the total amount of the 3453
late filing fee shall not exceed two hundred fifty dollars.3454

       (G)(1) The appropriate ethics commission other than the Ohio 3455
ethics commission and the joint legislative ethics committee shall 3456
deposit all fees it receives under divisions (E) and (F) of this 3457
section into the general revenue fund of the state.3458

       (2) The Ohio ethics commission shall deposit all receipts, 3459
including, but not limited to, fees it receives under divisions 3460
(E) and (F) of this section, investigative or other fees, costs, 3461
or other funds it receives as a result of court orders, and all 3462
moneys it receives from settlements under division (G) of section 3463
102.06 of the Revised Code, into the Ohio ethics commission fund, 3464
which is hereby created in the state treasury. All moneys credited 3465
to the fund shall be used solely for expenses related to the 3466
operation and statutory functions of the commission.3467

       (3) The joint legislative ethics committee shall deposit all 3468
receipts it receives from the payment of financial disclosure 3469
statement filing fees under divisions (E) and (F) of this section 3470
into the joint legislative ethics committee investigative fund.3471

       (H) Division (A) of this section does not apply to a person 3472
elected or appointed to the office of precinct, ward, or district 3473
committee member under Chapter 3517. of the Revised Code; a 3474
presidential elector; a delegate to a national convention; village 3475
or township officials and employees; any physician or psychiatrist 3476
who is paid a salary or wage in accordance with schedule C of 3477
section 124.15 or schedule E-2 of section 124.152 of the Revised 3478
Code and whose primary duties do not require the exercise of 3479
administrative discretion; or any member of a board, commission, 3480
or bureau of any county or city who receives less than one 3481
thousand dollars per year for serving in that position.3482

       Sec. 105.41.  (A) There is hereby created in the legislative 3483
branch of government the capitol square review and advisory board, 3484
consisting of thirteen members as follows:3485

       (1) Two members of the senate, appointed by the president of 3486
the senate, both of whom shall not be members of the same 3487
political party;3488

       (2) Two members of the house of representatives, appointed by 3489
the speaker of the house of representatives, both of whom shall 3490
not be members of the same political party;3491

       (3) Five members appointed by the governor, with the advice 3492
and consent of the senate, not more than three of whom shall be 3493
members of the same political party, one of whom shall be the 3494
chief of staff of the governor's office, one of whom shall 3495
represent the Ohio arts council, one of whom shall represent the 3496
Ohio historical society, one of whom shall represent the Ohio 3497
building authority, and one of whom shall represent the public at 3498
large;3499

       (4) One member, who shall be a former president of the 3500
senate, appointed by the current president of the senate. If the 3501
current president of the senate, in the current president's 3502
discretion, decides for any reason not to make the appointment or 3503
if no person is eligible or available to serve, the seat shall 3504
remain vacant.3505

       (5) One member, who shall be a former speaker of the house of 3506
representatives, appointed by the current speaker of the house of 3507
representatives. If the current speaker of the house of 3508
representatives, in the current speaker's discretion, decides for 3509
any reason not to make the appointment or if no person is eligible 3510
or available to serve, the seat shall remain vacant.3511

       (6) The clerk of the senate and the clerk of the house of 3512
representatives.3513

       (B) Terms of office of each appointed member of the board 3514
shall be for three years, except that members of the general 3515
assembly appointed to the board shall be members of the board only 3516
so long as they are members of the general assembly and the chief 3517
of staff of the governor's office shall be a member of the board 3518
only so long as the appointing governor remains in office. Each 3519
member shall hold office from the date of the member's appointment 3520
until the end of the term for which the member was appointed. In 3521
case of a vacancy occurring on the board, the president of the 3522
senate, the speaker of the house of representatives, or the 3523
governor, as the case may be, shall in the same manner prescribed 3524
for the regular appointment to the commission, fill the vacancy by 3525
appointing a member. Any member appointed to fill a vacancy 3526
occurring prior to the expiration of the term for which the 3527
member's predecessor was appointed shall hold office for the 3528
remainder of the term. Any appointed member shall continue in 3529
office subsequent to the expiration date of the member's term 3530
until the member's successor takes office, or until a period of 3531
sixty days has elapsed, whichever occurs first.3532

       (C) The board shall hold meetings in a manner and at times 3533
prescribed by the rules adopted by the board. A majority of the 3534
board constitutes a quorum, and no action shall be taken by the 3535
board unless approved by at least six members or by at least seven 3536
members if a person is appointed under division (A)(4) or (5) of 3537
this section. At its first meeting, the board shall adopt rules 3538
for the conduct of its business and the election of its officers, 3539
and shall organize by selecting a chairperson and other officers 3540
as it considers necessary. Board members shall serve without 3541
compensation but shall be reimbursed for actual and necessary 3542
expenses incurred in the performance of their duties.3543

       (D) The board may do any of the following:3544

       (1) Employ or hire on a consulting basis professional, 3545
technical, and clerical employees as are necessary for the 3546
performance of its duties;. All employees of the board are in the 3547
unclassified service and serve at the pleasure of the board. For 3548
purposes of section 4117.01 of the Revised Code, employees of the 3549
board shall be considered employees of the general assembly, 3550
except that employees who are covered by a collective bargaining 3551
agreement on the effective date of this amendment shall remain 3552
subject to the agreement until the agreement expires on its terms, 3553
and the agreement shall not be extended or renewed. Upon 3554
expiration of the agreement, the employees are considered 3555
employees of the general assembly for purposes of section 4117.01 3556
of the Revised Code and are in the unclassified service and serve 3557
at the pleasure of the board.3558

       (2) Hold public hearings at times and places as determined by 3559
the board;3560

       (3) Adopt, amend, or rescind rules necessary to accomplish 3561
the duties of the board as set forth in this section;3562

       (4) Sponsor, conduct, and support such social events as the 3563
board may authorize and consider appropriate for the employees of 3564
the board, employees and members of the general assembly, 3565
employees of persons under contract with the board or otherwise 3566
engaged to perform services on the premises of capitol square, or 3567
other persons as the board may consider appropriate. Subject to 3568
the requirements of Chapter 4303. of the Revised Code, the board 3569
may provide beer, wine, and intoxicating liquor, with or without 3570
charge, for those events and may use funds only from the sale of 3571
goods and services fund to purchase the beer, wine, and 3572
intoxicating liquor the board provides;3573

       (5) Purchase a warehouse in which to store items of the 3574
capitol collection trust and, whenever necessary, equipment or 3575
other property of the board.3576

       (E) The board shall do all of the following:3577

       (1) Have sole authority to coordinate and approve any 3578
improvements, additions, and renovations that are made to the 3579
capitol square. The improvements shall include, but not be limited 3580
to, the placement of monuments and sculpture on the capitol 3581
grounds.3582

       (2) Subject to section 3353.07 of the Revised Code, operate 3583
the capitol square, and have sole authority to regulate all uses 3584
of the capitol square. The uses shall include, but not be limited 3585
to, the casual and recreational use of the capitol square.3586

       (3) Employ, fix the compensation of, and prescribe the duties 3587
of the executive director of the board and other employees the 3588
board considers necessary for the performance of its powers and 3589
duties;3590

       (4) Establish and maintain the capitol collection trust. The 3591
capitol collection trust shall consist of furniture, antiques, and 3592
other items of personal property that the board shall store in 3593
suitable facilities until they are ready to be displayed in the 3594
capitol square.3595

       (5) Perform repair, construction, contracting, purchasing, 3596
maintenance, supervisory, and operating activities the board 3597
determines are necessary for the operation and maintenance of the 3598
capitol square;3599

       (6) Maintain and preserve the capitol square, in accordance 3600
with guidelines issued by the United States secretary of the 3601
interior for application of the secretary's standards for 3602
rehabilitation adopted in 36 C.F.R. part 67;3603

       (7) Plan and develop a center at the capitol building for the 3604
purpose of educating visitors about the history of Ohio, including 3605
its political, economic, and social development and the design and 3606
erection of the capitol building and its grounds.3607

       (F)(1) The board shall lease capital facilities improved or 3608
financed by the Ohio building authority pursuant to Chapter 152. 3609
of the Revised Code for the use of the board, and may enter into 3610
any other agreements with the authority ancillary to improvement, 3611
financing, or leasing of those capital facilities, including, but 3612
not limited to, any agreement required by the applicable bond 3613
proceedings authorized by Chapter 152. of the Revised Code. Any 3614
lease of capital facilities authorized by this section shall be 3615
governed by division (D) of section 152.24 of the Revised Code.3616

       (2) Fees, receipts, and revenues received by the board from 3617
the state underground parking garage constitute available receipts 3618
as defined in section 152.09 of the Revised Code, and may be 3619
pledged to the payment of bond service charges on obligations 3620
issued by the Ohio building authority pursuant to Chapter 152. of 3621
the Revised Code to improve, finance, or purchase capital 3622
facilities useful to the board. The authority may, with the 3623
consent of the board, provide in the bond proceedings for a pledge 3624
of all or a portion of those fees, receipts, and revenues as the 3625
authority determines. The authority may provide in the bond 3626
proceedings or by separate agreement with the board for the 3627
transfer of those fees, receipts, and revenues to the appropriate 3628
bond service fund or bond service reserve fund as required to pay 3629
the bond service charges when due, and any such provision for the 3630
transfer of those fees, receipts, and revenues shall be 3631
controlling notwithstanding any other provision of law pertaining 3632
to those fees, receipts, and revenues.3633

       (3) All moneys received by the treasurer of state on account 3634
of the board and required by the applicable bond proceedings or by 3635
separate agreement with the board to be deposited, transferred, or 3636
credited to the bond service fund or bond service reserve fund 3637
established by the bond proceedings shall be transferred by the 3638
treasurer of state to such fund, whether or not it is in the 3639
custody of the treasurer of state, without necessity for further 3640
appropriation, upon receipt of notice from the Ohio building 3641
authority as prescribed in the bond proceedings.3642

       (G) All fees, receipts, and revenues received by the board 3643
from the state underground parking garage shall be deposited into 3644
the state treasury to the credit of the underground parking garage 3645
operating fund, which is hereby created, to be used for the 3646
purposes specified in division (F) of this section and for the 3647
operation and maintenance of the garage. All investment earnings 3648
of the fund shall be credited to the fund.3649

       (H) All donations received by the board shall be deposited 3650
into the state treasury to the credit of the capitol square 3651
renovation gift fund, which is hereby created. The fund shall be 3652
used by the board as follows:3653

       (1) To provide part or all of the funding related to 3654
construction, goods, or services for the renovation of the capitol 3655
square;3656

       (2) To purchase art, antiques, and artifacts for display at 3657
the capitol square;3658

       (3) To award contracts or make grants to organizations for 3659
educating the public regarding the historical background and 3660
governmental functions of the capitol square. Chapters 125., 127., 3661
and 153. and section 3517.13 of the Revised Code do not apply to 3662
purchases made exclusively from the fund, notwithstanding anything 3663
to the contrary in those chapters or that section. All investment 3664
earnings of the fund shall be credited to the fund.3665

       (I) Except as provided in divisions (G), (H), and (J) of this 3666
section, all fees, receipts, and revenues received by the board 3667
shall be deposited into the state treasury to the credit of the 3668
sale of goods and services fund, which is hereby created. Money 3669
credited to the fund shall be used solely to pay costs of the 3670
board other than those specified in divisions (F) and (G) of this 3671
section. All investment earnings of the fund shall be credited to 3672
the fund.3673

       (J) There is hereby created in the state treasury the capitol 3674
square improvement fund, to be used by the board to pay 3675
construction, renovation, and other costs related to the capitol 3676
square for which money is not otherwise available to the board. 3677
Whenever the board determines that there is a need to incur those 3678
costs and that the unencumbered, unobligated balance to the credit 3679
of the underground parking garage operating fund exceeds the 3680
amount needed for the purposes specified in division (F) of this 3681
section and for the operation and maintenance of the garage, the 3682
board may request the director of budget and management to 3683
transfer from the underground parking garage operating fund to the 3684
capitol square improvement fund the amount needed to pay such 3685
construction, renovation, or other costs. The director then shall 3686
transfer the amount needed from the excess balance of the 3687
underground parking garage operating fund.3688

       (K) As the operation and maintenance of the capitol square 3689
constitute essential government functions of a public purpose, the 3690
board shall not be required to pay taxes or assessments upon the 3691
square, upon any property acquired or used by the board under this 3692
section, or upon any income generated by the operation of the 3693
square.3694

       (L) As used in this section, "capitol square" means the 3695
capitol building, senate building, capitol atrium, capitol 3696
grounds, the state underground parking garage, and the warehouse 3697
owned by the board.3698

       (M) The capitol annex shall be known as the senate building.3699

       Sec. 107.09.  Immediately after the determination of each 3700
decennial apportionment for members of the general assembly the 3701
governor shall cause such apportionment to be published for four 3702
consecutive weeks, or as provided in section 7.16 of the Revised 3703
Code, in three newspapers, one in Cincinnati, one in Cleveland, 3704
and one in Columbus.3705

       Sec. 109.36.  As used in this section and sections 109.361 to 3706
109.366 of the Revised Code:3707

       (A)(1) "Officer or employee" means any of the following:3708

       (a) A person who, at the time a cause of action against the 3709
person arises, is serving in an elected or appointed office or 3710
position with the state or is employed by the state.3711

       (b) A person that, at the time a cause of action against the 3712
person, partnership, or corporation arises, is rendering medical, 3713
nursing, dental, podiatric, optometric, physical therapeutic, 3714
psychiatric, or psychological services pursuant to a personal 3715
services contract or purchased service contract with a department, 3716
agency, or institution of the state.3717

       (c) A person that, at the time a cause of action against the 3718
person, partnership, or corporation arises, is rendering peer 3719
review, utilization review, or drug utilization review services in 3720
relation to medical, nursing, dental, podiatric, optometric, 3721
physical therapeutic, psychiatric, or psychological services 3722
pursuant to a personal services contract or purchased service 3723
contract with a department, agency, or institution of the state.3724

       (d) A person who, at the time a cause of action against the 3725
person arises, is rendering medical, nursing, dental, podiatric, 3726
optometric, physical therapeutic, psychiatric, or psychological3727
services to patients in a state institution operated by the 3728
department of mental health, is a member of the institution's 3729
staff, and is performing the services pursuant to an agreement 3730
between the state institution and a board of alcohol, drug 3731
addiction, and mental health services described in section 340.021 3732
of the Revised Codewith the department.3733

       (2) "Officer or employee" does not include any person 3734
elected, appointed, or employed by any political subdivision of 3735
the state.3736

       (B) "State" means the state of Ohio, including but not 3737
limited to, the general assembly, the supreme court, courts of 3738
appeals, the offices of all elected state officers, and all 3739
departments, boards, offices, commissions, agencies, institutions, 3740
and other instrumentalities of the state of Ohio. "State" does not 3741
include political subdivisions.3742

       (C) "Political subdivisions" of the state means municipal 3743
corporations, townships, counties, school districts, and all other 3744
bodies corporate and politic responsible for governmental 3745
activities only in geographical areas smaller than that of the 3746
state.3747

       (D) "Employer" means the general assembly, the supreme court, 3748
courts of appeals, any office of an elected state officer, or any 3749
department, board, office, commission, agency, institution, or 3750
other instrumentality of the state of Ohio that employs or 3751
contracts with an officer or employee or to which an officer or 3752
employee is elected or appointed.3753

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 3754
criminal identification and investigation shall procure from 3755
wherever procurable and file for record photographs, pictures, 3756
descriptions, fingerprints, measurements, and other information 3757
that may be pertinent of all persons who have been convicted of 3758
committing within this state a felony, any crime constituting a 3759
misdemeanor on the first offense and a felony on subsequent 3760
offenses, or any misdemeanor described in division (A)(1)(a), 3761
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 3762
of all children under eighteen years of age who have been 3763
adjudicated delinquent children for committing within this state 3764
an act that would be a felony or an offense of violence if 3765
committed by an adult or who have been convicted of or pleaded 3766
guilty to committing within this state a felony or an offense of 3767
violence, and of all well-known and habitual criminals. The person 3768
in charge of any county, multicounty, municipal, municipal-county, 3769
or multicounty-municipal jail or workhouse, community-based 3770
correctional facility, halfway house, alternative residential 3771
facility, or state correctional institution and the person in 3772
charge of any state institution having custody of a person 3773
suspected of having committed a felony, any crime constituting a 3774
misdemeanor on the first offense and a felony on subsequent 3775
offenses, or any misdemeanor described in division (A)(1)(a), 3776
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 3777
having custody of a child under eighteen years of age with respect 3778
to whom there is probable cause to believe that the child may have 3779
committed an act that would be a felony or an offense of violence 3780
if committed by an adult shall furnish such material to the 3781
superintendent of the bureau. Fingerprints, photographs, or other 3782
descriptive information of a child who is under eighteen years of 3783
age, has not been arrested or otherwise taken into custody for 3784
committing an act that would be a felony or an offense of violence 3785
who is not in any other category of child specified in this 3786
division, if committed by an adult, has not been adjudicated a 3787
delinquent child for committing an act that would be a felony or 3788
an offense of violence if committed by an adult, has not been 3789
convicted of or pleaded guilty to committing a felony or an 3790
offense of violence, and is not a child with respect to whom there 3791
is probable cause to believe that the child may have committed an 3792
act that would be a felony or an offense of violence if committed 3793
by an adult shall not be procured by the superintendent or 3794
furnished by any person in charge of any county, multicounty, 3795
municipal, municipal-county, or multicounty-municipal jail or 3796
workhouse, community-based correctional facility, halfway house, 3797
alternative residential facility, or state correctional 3798
institution, except as authorized in section 2151.313 of the 3799
Revised Code. 3800

       (2) Every clerk of a court of record in this state, other 3801
than the supreme court or a court of appeals, shall send to the 3802
superintendent of the bureau a weekly report containing a summary 3803
of each case involving a felony, involving any crime constituting 3804
a misdemeanor on the first offense and a felony on subsequent 3805
offenses, involving a misdemeanor described in division (A)(1)(a), 3806
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 3807
or involving an adjudication in a case in which a child under 3808
eighteen years of age was alleged to be a delinquent child for 3809
committing an act that would be a felony or an offense of violence 3810
if committed by an adult. The clerk of the court of common pleas 3811
shall include in the report and summary the clerk sends under this 3812
division all information described in divisions (A)(2)(a) to (f) 3813
of this section regarding a case before the court of appeals that 3814
is served by that clerk. The summary shall be written on the 3815
standard forms furnished by the superintendent pursuant to 3816
division (B) of this section and shall include the following 3817
information: 3818

       (a) The incident tracking number contained on the standard 3819
forms furnished by the superintendent pursuant to division (B) of 3820
this section; 3821

       (b) The style and number of the case; 3822

       (c) The date of arrest, offense, summons, or arraignment; 3823

       (d) The date that the person was convicted of or pleaded 3824
guilty to the offense, adjudicated a delinquent child for 3825
committing the act that would be a felony or an offense of 3826
violence if committed by an adult, found not guilty of the 3827
offense, or found not to be a delinquent child for committing an 3828
act that would be a felony or an offense of violence if committed 3829
by an adult, the date of an entry dismissing the charge, an entry 3830
declaring a mistrial of the offense in which the person is 3831
discharged, an entry finding that the person or child is not 3832
competent to stand trial, or an entry of a nolle prosequi, or the 3833
date of any other determination that constitutes final resolution 3834
of the case; 3835

       (e) A statement of the original charge with the section of 3836
the Revised Code that was alleged to be violated; 3837

       (f) If the person or child was convicted, pleaded guilty, or 3838
was adjudicated a delinquent child, the sentence or terms of 3839
probation imposed or any other disposition of the offender or the 3840
delinquent child. 3841

       If the offense involved the disarming of a law enforcement 3842
officer or an attempt to disarm a law enforcement officer, the 3843
clerk shall clearly state that fact in the summary, and the 3844
superintendent shall ensure that a clear statement of that fact is 3845
placed in the bureau's records. 3846

       (3) The superintendent shall cooperate with and assist 3847
sheriffs, chiefs of police, and other law enforcement officers in 3848
the establishment of a complete system of criminal identification 3849
and in obtaining fingerprints and other means of identification of 3850
all persons arrested on a charge of a felony, any crime 3851
constituting a misdemeanor on the first offense and a felony on 3852
subsequent offenses, or a misdemeanor described in division 3853
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 3854
Revised Code and of all children under eighteen years of age 3855
arrested or otherwise taken into custody for committing an act 3856
that would be a felony or an offense of violence if committed by 3857
an adult. The superintendent also shall file for record the 3858
fingerprint impressions of all persons confined in a county, 3859
multicounty, municipal, municipal-county, or multicounty-municipal 3860
jail or workhouse, community-based correctional facility, halfway 3861
house, alternative residential facility, or state correctional 3862
institution for the violation of state laws and of all children 3863
under eighteen years of age who are confined in a county, 3864
multicounty, municipal, municipal-county, or multicounty-municipal 3865
jail or workhouse, community-based correctional facility, halfway 3866
house, alternative residential facility, or state correctional 3867
institution or in any facility for delinquent children for 3868
committing an act that would be a felony or an offense of violence 3869
if committed by an adult, and any other information that the 3870
superintendent may receive from law enforcement officials of the 3871
state and its political subdivisions. 3872

       (4) The superintendent shall carry out Chapter 2950. of the 3873
Revised Code with respect to the registration of persons who are 3874
convicted of or plead guilty to a sexually oriented offense or a 3875
child-victim oriented offense and with respect to all other duties 3876
imposed on the bureau under that chapter. 3877

       (5) The bureau shall perform centralized recordkeeping 3878
functions for criminal history records and services in this state 3879
for purposes of the national crime prevention and privacy compact 3880
set forth in section 109.571 of the Revised Code and is the 3881
criminal history record repository as defined in that section for 3882
purposes of that compact. The superintendent or the 3883
superintendent's designee is the compact officer for purposes of 3884
that compact and shall carry out the responsibilities of the 3885
compact officer specified in that compact. 3886

       (B) The superintendent shall prepare and furnish to every 3887
county, multicounty, municipal, municipal-county, or 3888
multicounty-municipal jail or workhouse, community-based 3889
correctional facility, halfway house, alternative residential 3890
facility, or state correctional institution and to every clerk of 3891
a court in this state specified in division (A)(2) of this section 3892
standard forms for reporting the information required under 3893
division (A) of this section. The standard forms that the 3894
superintendent prepares pursuant to this division may be in a 3895
tangible format, in an electronic format, or in both tangible 3896
formats and electronic formats. 3897

       (C)(1) The superintendent may operate a center for 3898
electronic, automated, or other data processing for the storage 3899
and retrieval of information, data, and statistics pertaining to 3900
criminals and to children under eighteen years of age who are 3901
adjudicated delinquent children for committing an act that would 3902
be a felony or an offense of violence if committed by an adult, 3903
criminal activity, crime prevention, law enforcement, and criminal 3904
justice, and may establish and operate a statewide communications 3905
network to be known as the Ohio law enforcement gateway to gather 3906
and disseminate information, data, and statistics for the use of 3907
law enforcement agencies and for other uses specified in this 3908
division. The superintendent may gather, store, retrieve, and 3909
disseminate information, data, and statistics that pertain to 3910
children who are under eighteen years of age and that are gathered 3911
pursuant to sections 109.57 to 109.61 of the Revised Code together 3912
with information, data, and statistics that pertain to adults and 3913
that are gathered pursuant to those sections. 3914

       (2) The superintendent or the superintendent's designee shall 3915
gather information of the nature described in division (C)(1) of 3916
this section that pertains to the offense and delinquency history 3917
of a person who has been convicted of, pleaded guilty to, or been 3918
adjudicated a delinquent child for committing a sexually oriented 3919
offense or a child-victim oriented offense for inclusion in the 3920
state registry of sex offenders and child-victim offenders 3921
maintained pursuant to division (A)(1) of section 2950.13 of the 3922
Revised Code and in the internet database operated pursuant to 3923
division (A)(13) of that section and for possible inclusion in the 3924
internet database operated pursuant to division (A)(11) of that 3925
section. 3926

        (3) In addition to any other authorized use of information, 3927
data, and statistics of the nature described in division (C)(1) of 3928
this section, the superintendent or the superintendent's designee 3929
may provide and exchange the information, data, and statistics 3930
pursuant to the national crime prevention and privacy compact as 3931
described in division (A)(5) of this section. 3932

       (4) The attorney general may adopt rules under Chapter 119. 3933
of the Revised Code establishing guidelines for the operation of 3934
and participation in the Ohio law enforcement gateway. The rules 3935
may include criteria for granting and restricting access to 3936
information gathered and disseminated through the Ohio law 3937
enforcement gateway. The attorney general may appoint a steering 3938
committee to advise the attorney general in the operation of the 3939
Ohio law enforcement gateway that is comprised of persons who are 3940
representatives of the criminal justice agencies in this state 3941
that use the Ohio law enforcement gateway and is chaired by the 3942
superintendent or the superintendent's designee.3943

       (D)(1) The following are not public records under section 3944
149.43 of the Revised Code:3945

       (a) Information and materials furnished to the superintendent 3946
pursuant to division (A) of this section;3947

       (b) Information, data, and statistics gathered or 3948
disseminated through the Ohio law enforcement gateway pursuant to 3949
division (C)(1) of this section;3950

       (c) Information and materials furnished to any board or 3951
person under division (F) or (G) of this section.3952

       (2) The superintendent or the superintendent's designee shall 3953
gather and retain information so furnished under division (A) of 3954
this section that pertains to the offense and delinquency history 3955
of a person who has been convicted of, pleaded guilty to, or been 3956
adjudicated a delinquent child for committing a sexually oriented 3957
offense or a child-victim oriented offense for the purposes 3958
described in division (C)(2) of this section. 3959

       (E) The attorney general shall adopt rules, in accordance 3960
with Chapter 119. of the Revised Code, setting forth the procedure 3961
by which a person may receive or release information gathered by 3962
the superintendent pursuant to division (A) of this section. A 3963
reasonable fee may be charged for this service. If a temporary 3964
employment service submits a request for a determination of 3965
whether a person the service plans to refer to an employment 3966
position has been convicted of or pleaded guilty to an offense 3967
listed in division (A)(1), (3), (4), (5), or (6) of section 3968
109.572 of the Revised Code, the request shall be treated as a 3969
single request and only one fee shall be charged. 3970

       (F)(1) As used in division (F)(2) of this section, "head 3971
start agency" means an entity in this state that has been approved 3972
to be an agency for purposes of subchapter II of the "Community 3973
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 3974
as amended. 3975

       (2)(a) In addition to or in conjunction with any request that 3976
is required to be made under section 109.572, 2151.86, 3301.32, 3977
3301.541, division (C) of section 3310.58, or section 3319.39, 3978
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, 3979
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made 3980
under section 3314.41, 3319.392, or 3326.25, or 3328.20 of the 3981
Revised Code, the board of education of any school district; the 3982
director of developmental disabilities; any county board of 3983
developmental disabilities; any entity under contract with a 3984
county board of developmental disabilities; the chief 3985
administrator of any chartered nonpublic school; the chief 3986
administrator of a registered private provider that is not also a 3987
chartered nonpublic school; the chief administrator of any home 3988
health agency; the chief administrator of or person operating any 3989
child day-care center, type A family day-care home, or type B 3990
family day-care home licensed or certified under Chapter 5104. of 3991
the Revised Code; the administrator of any type C family day-care 3992
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 3993
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 3994
general assembly; the chief administrator of any head start 3995
agency; the executive director of a public children services 3996
agency; a private company described in section 3314.41, 3319.392, 3997
or 3326.25, or 3328.20 of the Revised Code; or an employer 3998
described in division (J)(2) of section 3327.10 of the Revised 3999
Code may request that the superintendent of the bureau investigate 4000
and determine, with respect to any individual who has applied for 4001
employment in any position after October 2, 1989, or any 4002
individual wishing to apply for employment with a board of 4003
education may request, with regard to the individual, whether the 4004
bureau has any information gathered under division (A) of this 4005
section that pertains to that individual. On receipt of the 4006
request, the superintendent shall determine whether that 4007
information exists and, upon request of the person, board, or 4008
entity requesting information, also shall request from the federal 4009
bureau of investigation any criminal records it has pertaining to 4010
that individual. The superintendent or the superintendent's 4011
designee also may request criminal history records from other 4012
states or the federal government pursuant to the national crime 4013
prevention and privacy compact set forth in section 109.571 of the 4014
Revised Code. Within thirty days of the date that the 4015
superintendent receives a request, the superintendent shall send 4016
to the board, entity, or person a report of any information that 4017
the superintendent determines exists, including information 4018
contained in records that have been sealed under section 2953.32 4019
of the Revised Code, and, within thirty days of its receipt, shall 4020
send the board, entity, or person a report of any information 4021
received from the federal bureau of investigation, other than 4022
information the dissemination of which is prohibited by federal 4023
law. 4024

       (b) When a board of education or a registered private 4025
provider is required to receive information under this section as 4026
a prerequisite to employment of an individual pursuant to division 4027
(C) of section 3310.58 or section 3319.39 of the Revised Code, it 4028
may accept a certified copy of records that were issued by the 4029
bureau of criminal identification and investigation and that are 4030
presented by an individual applying for employment with the 4031
district in lieu of requesting that information itself. In such a 4032
case, the board shall accept the certified copy issued by the 4033
bureau in order to make a photocopy of it for that individual's 4034
employment application documents and shall return the certified 4035
copy to the individual. In a case of that nature, a district or 4036
provider only shall accept a certified copy of records of that 4037
nature within one year after the date of their issuance by the 4038
bureau. 4039

       (c) Notwithstanding division (F)(2)(a) of this section, in 4040
the case of a request under section 3319.39, 3319.391, or 3327.10 4041
of the Revised Code only for criminal records maintained by the 4042
federal bureau of investigation, the superintendent shall not 4043
determine whether any information gathered under division (A) of 4044
this section exists on the person for whom the request is made.4045

       (3) The state board of education may request, with respect to 4046
any individual who has applied for employment after October 2, 4047
1989, in any position with the state board or the department of 4048
education, any information that a school district board of 4049
education is authorized to request under division (F)(2) of this 4050
section, and the superintendent of the bureau shall proceed as if 4051
the request has been received from a school district board of 4052
education under division (F)(2) of this section. 4053

       (4) When the superintendent of the bureau receives a request 4054
for information under section 3319.291 of the Revised Code, the 4055
superintendent shall proceed as if the request has been received 4056
from a school district board of education and shall comply with 4057
divisions (F)(2)(a) and (c) of this section. 4058

       (5) When a recipient of a classroom reading improvement grant 4059
paid under section 3301.86 of the Revised Code requests, with 4060
respect to any individual who applies to participate in providing 4061
any program or service funded in whole or in part by the grant, 4062
the information that a school district board of education is 4063
authorized to request under division (F)(2)(a) of this section, 4064
the superintendent of the bureau shall proceed as if the request 4065
has been received from a school district board of education under 4066
division (F)(2)(a) of this section. 4067

       (G) In addition to or in conjunction with any request that is 4068
required to be made under section 3701.881, 3712.09, 3721.121, 4069
5119.693, or 3722.1515119.85 of the Revised Code with respect to 4070
an individual who has applied for employment in a position that 4071
involves providing direct care to an older adult or adult 4072
resident, the chief administrator of a home health agency, hospice 4073
care program, home licensed under Chapter 3721. of the Revised 4074
Code, adult day-care program operated pursuant to rules adopted 4075
under section 3721.04 of the Revised Code, adult foster home, or 4076
adult care facility may request that the superintendent of the 4077
bureau investigate and determine, with respect to any individual 4078
who has applied after January 27, 1997, for employment in a 4079
position that does not involve providing direct care to an older 4080
adult or adult resident, whether the bureau has any information 4081
gathered under division (A) of this section that pertains to that 4082
individual. 4083

       In addition to or in conjunction with any request that is 4084
required to be made under section 173.27 of the Revised Code with 4085
respect to an individual who has applied for employment in a 4086
position that involves providing ombudsperson services to 4087
residents of long-term care facilities or recipients of 4088
community-based long-term care services, the state long-term care 4089
ombudsperson, ombudsperson's designee, or director of health may 4090
request that the superintendent investigate and determine, with 4091
respect to any individual who has applied for employment in a 4092
position that does not involve providing such ombudsperson 4093
services, whether the bureau has any information gathered under 4094
division (A) of this section that pertains to that applicant. 4095

       In addition to or in conjunction with any request that is 4096
required to be made under section 173.394 of the Revised Code with 4097
respect to an individual who has applied for employment in a 4098
position that involves providing direct care to an individual, the 4099
chief administrator of a community-based long-term care agency may 4100
request that the superintendent investigate and determine, with 4101
respect to any individual who has applied for employment in a 4102
position that does not involve providing direct care, whether the 4103
bureau has any information gathered under division (A) of this 4104
section that pertains to that applicant. 4105

       On receipt of a request under this division, the 4106
superintendent shall determine whether that information exists 4107
and, on request of the individual requesting information, shall 4108
also request from the federal bureau of investigation any criminal 4109
records it has pertaining to the applicant. The superintendent or 4110
the superintendent's designee also may request criminal history 4111
records from other states or the federal government pursuant to 4112
the national crime prevention and privacy compact set forth in 4113
section 109.571 of the Revised Code. Within thirty days of the 4114
date a request is received, the superintendent shall send to the 4115
requester a report of any information determined to exist, 4116
including information contained in records that have been sealed 4117
under section 2953.32 of the Revised Code, and, within thirty days 4118
of its receipt, shall send the requester a report of any 4119
information received from the federal bureau of investigation, 4120
other than information the dissemination of which is prohibited by 4121
federal law. 4122

       (H) Information obtained by a government entity or person 4123
under this section is confidential and shall not be released or 4124
disseminated. 4125

       (I) The superintendent may charge a reasonable fee for 4126
providing information or criminal records under division (F)(2) or 4127
(G) of this section. 4128

       (J) As used in this section, "sexually:4129

       (1) "Sexually oriented offense" and "child-victim oriented 4130
offense" have the same meanings as in section 2950.01 of the 4131
Revised Code. 4132

       (2) "Registered private provider" means a nonpublic school or 4133
entity registered with the superintendent of public instruction 4134
under section 3310.41 of the Revised Code to participate in the 4135
autism scholarship program or section 3310.58 of the Revised Code 4136
to participate in the special education scholarship program.4137

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 4138
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 4139
a completed form prescribed pursuant to division (C)(1) of this 4140
section, and a set of fingerprint impressions obtained in the 4141
manner described in division (C)(2) of this section, the 4142
superintendent of the bureau of criminal identification and 4143
investigation shall conduct a criminal records check in the manner 4144
described in division (B) of this section to determine whether any 4145
information exists that indicates that the person who is the 4146
subject of the request previously has been convicted of or pleaded 4147
guilty to any of the following:4148

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4149
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4150
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 4151
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 4152
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 4153
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 4154
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 4155
2925.06, or 3716.11 of the Revised Code, felonious sexual 4156
penetration in violation of former section 2907.12 of the Revised 4157
Code, a violation of section 2905.04 of the Revised Code as it 4158
existed prior to July 1, 1996, a violation of section 2919.23 of 4159
the Revised Code that would have been a violation of section 4160
2905.04 of the Revised Code as it existed prior to July 1, 1996, 4161
had the violation been committed prior to that date, or a 4162
violation of section 2925.11 of the Revised Code that is not a 4163
minor drug possession offense;4164

       (b) A violation of an existing or former law of this state, 4165
any other state, or the United States that is substantially 4166
equivalent to any of the offenses listed in division (A)(1)(a) of 4167
this section.4168

       (2) On receipt of a request pursuant to section 5123.081 of 4169
the Revised Code with respect to an applicant for employment in 4170
any position with the department of developmental disabilities, 4171
pursuant to section 5126.28 of the Revised Code with respect to an 4172
applicant for employment in any position with a county board of 4173
developmental disabilities, or pursuant to section 5126.281 of the 4174
Revised Code with respect to an applicant for employment in a 4175
direct services position with an entity contracting with a county 4176
board for employment, a completed form prescribed pursuant to 4177
division (C)(1) of this section, and a set of fingerprint 4178
impressions obtained in the manner described in division (C)(2) of 4179
this section, the superintendent of the bureau of criminal 4180
identification and investigation shall conduct a criminal records 4181
check. The superintendent shall conduct the criminal records check 4182
in the manner described in division (B) of this section to 4183
determine whether any information exists that indicates that the 4184
person who is the subject of the request has been convicted of or 4185
pleaded guilty to any of the following:4186

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4187
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4188
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 4189
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 4190
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 4191
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 4192
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 4193
2925.03, or 3716.11 of the Revised Code;4194

       (b) An existing or former municipal ordinance or law of this 4195
state, any other state, or the United States that is substantially 4196
equivalent to any of the offenses listed in division (A)(2)(a) of 4197
this section.4198

       (3) On receipt of a request pursuant to section 173.27, 4199
173.394, 3712.09, 3721.121, 5119.693, or 3722.1515119.85 of the 4200
Revised Code, a completed form prescribed pursuant to division 4201
(C)(1) of this section, and a set of fingerprint impressions 4202
obtained in the manner described in division (C)(2) of this 4203
section, the superintendent of the bureau of criminal 4204
identification and investigation shall conduct a criminal records 4205
check with respect to any person who has applied for employment in 4206
a position for which a criminal records check is required by those 4207
sections. The superintendent shall conduct the criminal records 4208
check in the manner described in division (B) of this section to 4209
determine whether any information exists that indicates that the 4210
person who is the subject of the request previously has been 4211
convicted of or pleaded guilty to any of the following:4212

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4213
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4214
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 4215
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 4216
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 4217
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 4218
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 4219
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 4220
2925.22, 2925.23, or 3716.11 of the Revised Code;4221

       (b) An existing or former law of this state, any other state, 4222
or the United States that is substantially equivalent to any of 4223
the offenses listed in division (A)(3)(a) of this section.4224

       (4) On receipt of a request pursuant to section 3701.881 of 4225
the Revised Code with respect to an applicant for employment with 4226
a home health agency as a person responsible for the care, 4227
custody, or control of a child, a completed form prescribed 4228
pursuant to division (C)(1) of this section, and a set of 4229
fingerprint impressions obtained in the manner described in 4230
division (C)(2) of this section, the superintendent of the bureau 4231
of criminal identification and investigation shall conduct a 4232
criminal records check. The superintendent shall conduct the 4233
criminal records check in the manner described in division (B) of 4234
this section to determine whether any information exists that 4235
indicates that the person who is the subject of the request 4236
previously has been convicted of or pleaded guilty to any of the 4237
following:4238

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4239
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4240
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 4241
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 4242
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 4243
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 4244
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 4245
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 4246
violation of section 2925.11 of the Revised Code that is not a 4247
minor drug possession offense;4248

       (b) An existing or former law of this state, any other state, 4249
or the United States that is substantially equivalent to any of 4250
the offenses listed in division (A)(4)(a) of this section.4251

       (5) On receipt of a request pursuant to section 5111.032, 4252
5111.033, or 5111.034 of the Revised Code, a completed form 4253
prescribed pursuant to division (C)(1) of this section, and a set 4254
of fingerprint impressions obtained in the manner described in 4255
division (C)(2) of this section, the superintendent of the bureau 4256
of criminal identification and investigation shall conduct a 4257
criminal records check. The superintendent shall conduct the 4258
criminal records check in the manner described in division (B) of 4259
this section to determine whether any information exists that 4260
indicates that the person who is the subject of the request 4261
previously has been convicted of, has pleaded guilty to, or has 4262
been found eligible for intervention in lieu of conviction for any 4263
of the following, regardless of the date of the conviction, the 4264
date of entry of the guilty plea, or the date the person was found 4265
eligible for intervention in lieu of conviction:4266

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 4267
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 4268
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 4269
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 4270
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 4271
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 4272
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 4273
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 4274
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 4275
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 4276
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 4277
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 4278
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 4279
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 4280
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 4281
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual 4282
penetration in violation of former section 2907.12 of the Revised 4283
Code, a violation of section 2905.04 of the Revised Code as it 4284
existed prior to July 1, 1996, a violation of section 2919.23 of 4285
the Revised Code that would have been a violation of section 4286
2905.04 of the Revised Code as it existed prior to July 1, 1996, 4287
had the violation been committed prior to that date;4288

       (b) A violation of an existing or former municipal ordinance 4289
or law of this state, any other state, or the United States that 4290
is substantially equivalent to any of the offenses listed in 4291
division (A)(5)(a) of this section.4292

       (6) On receipt of a request pursuant to section 3701.881 of 4293
the Revised Code with respect to an applicant for employment with 4294
a home health agency in a position that involves providing direct 4295
care to an older adult, a completed form prescribed pursuant to 4296
division (C)(1) of this section, and a set of fingerprint 4297
impressions obtained in the manner described in division (C)(2) of 4298
this section, the superintendent of the bureau of criminal 4299
identification and investigation shall conduct a criminal records 4300
check. The superintendent shall conduct the criminal records check 4301
in the manner described in division (B) of this section to 4302
determine whether any information exists that indicates that the 4303
person who is the subject of the request previously has been 4304
convicted of or pleaded guilty to any of the following:4305

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4306
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4307
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 4308
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 4309
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 4310
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 4311
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 4312
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 4313
2925.22, 2925.23, or 3716.11 of the Revised Code;4314

       (b) An existing or former law of this state, any other state, 4315
or the United States that is substantially equivalent to any of 4316
the offenses listed in division (A)(6)(a) of this section.4317

       (7) When conducting a criminal records check upon a request 4318
pursuant to section 3319.39 of the Revised Code for an applicant 4319
who is a teacher, in addition to the determination made under 4320
division (A)(1) of this section, the superintendent shall 4321
determine whether any information exists that indicates that the 4322
person who is the subject of the request previously has been 4323
convicted of or pleaded guilty to any offense specified in section 4324
3319.31 of the Revised Code.4325

       (8) On receipt of a request pursuant to section 2151.86 of 4326
the Revised Code, a completed form prescribed pursuant to division 4327
(C)(1) of this section, and a set of fingerprint impressions 4328
obtained in the manner described in division (C)(2) of this 4329
section, the superintendent of the bureau of criminal 4330
identification and investigation shall conduct a criminal records 4331
check in the manner described in division (B) of this section to 4332
determine whether any information exists that indicates that the 4333
person who is the subject of the request previously has been 4334
convicted of or pleaded guilty to any of the following:4335

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 4336
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 4337
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 4338
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 4339
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 4340
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 4341
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 4342
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 4343
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 4344
of the Revised Code, a violation of section 2905.04 of the Revised 4345
Code as it existed prior to July 1, 1996, a violation of section 4346
2919.23 of the Revised Code that would have been a violation of 4347
section 2905.04 of the Revised Code as it existed prior to July 1, 4348
1996, had the violation been committed prior to that date, a 4349
violation of section 2925.11 of the Revised Code that is not a 4350
minor drug possession offense, two or more OVI or OVUAC violations 4351
committed within the three years immediately preceding the 4352
submission of the application or petition that is the basis of the 4353
request, or felonious sexual penetration in violation of former 4354
section 2907.12 of the Revised Code;4355

       (b) A violation of an existing or former law of this state, 4356
any other state, or the United States that is substantially 4357
equivalent to any of the offenses listed in division (A)(8)(a) of 4358
this section.4359

       (9) Upon receipt of a request pursuant to section 5104.012 or 4360
5104.013 of the Revised Code, a completed form prescribed pursuant 4361
to division (C)(1) of this section, and a set of fingerprint 4362
impressions obtained in the manner described in division (C)(2) of 4363
this section, the superintendent of the bureau of criminal 4364
identification and investigation shall conduct a criminal records 4365
check in the manner described in division (B) of this section to 4366
determine whether any information exists that indicates that the 4367
person who is the subject of the request has been convicted of or 4368
pleaded guilty to any of the following:4369

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4370
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 4371
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 4372
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 4373
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 4374
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 4375
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 4376
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 4377
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 4378
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 4379
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 4380
3716.11 of the Revised Code, felonious sexual penetration in 4381
violation of former section 2907.12 of the Revised Code, a 4382
violation of section 2905.04 of the Revised Code as it existed 4383
prior to July 1, 1996, a violation of section 2919.23 of the 4384
Revised Code that would have been a violation of section 2905.04 4385
of the Revised Code as it existed prior to July 1, 1996, had the 4386
violation been committed prior to that date, a violation of 4387
section 2925.11 of the Revised Code that is not a minor drug 4388
possession offense, a violation of section 2923.02 or 2923.03 of 4389
the Revised Code that relates to a crime specified in this 4390
division, or a second violation of section 4511.19 of the Revised 4391
Code within five years of the date of application for licensure or 4392
certification.4393

       (b) A violation of an existing or former law of this state, 4394
any other state, or the United States that is substantially 4395
equivalent to any of the offenses or violations described in 4396
division (A)(9)(a) of this section.4397

       (10) Upon receipt of a request pursuant to section 5153.111 4398
of the Revised Code, a completed form prescribed pursuant to 4399
division (C)(1) of this section, and a set of fingerprint 4400
impressions obtained in the manner described in division (C)(2) of 4401
this section, the superintendent of the bureau of criminal 4402
identification and investigation shall conduct a criminal records 4403
check in the manner described in division (B) of this section to 4404
determine whether any information exists that indicates that the 4405
person who is the subject of the request previously has been 4406
convicted of or pleaded guilty to any of the following:4407

       (a) A violation of section 2903.01, 2903.02, 2903.03, 4408
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4409
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 4410
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 4411
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 4412
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 4413
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 4414
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 4415
felonious sexual penetration in violation of former section 4416
2907.12 of the Revised Code, a violation of section 2905.04 of the 4417
Revised Code as it existed prior to July 1, 1996, a violation of 4418
section 2919.23 of the Revised Code that would have been a 4419
violation of section 2905.04 of the Revised Code as it existed 4420
prior to July 1, 1996, had the violation been committed prior to 4421
that date, or a violation of section 2925.11 of the Revised Code 4422
that is not a minor drug possession offense;4423

       (b) A violation of an existing or former law of this state, 4424
any other state, or the United States that is substantially 4425
equivalent to any of the offenses listed in division (A)(10)(a) of 4426
this section.4427

       (11) On receipt of a request for a criminal records check 4428
from an individual pursuant to section 4749.03 or 4749.06 of the 4429
Revised Code, accompanied by a completed copy of the form 4430
prescribed in division (C)(1) of this section and a set of 4431
fingerprint impressions obtained in a manner described in division 4432
(C)(2) of this section, the superintendent of the bureau of 4433
criminal identification and investigation shall conduct a criminal 4434
records check in the manner described in division (B) of this 4435
section to determine whether any information exists indicating 4436
that the person who is the subject of the request has been 4437
convicted of or pleaded guilty to a felony in this state or in any 4438
other state. If the individual indicates that a firearm will be 4439
carried in the course of business, the superintendent shall 4440
require information from the federal bureau of investigation as 4441
described in division (B)(2) of this section. The superintendent 4442
shall report the findings of the criminal records check and any 4443
information the federal bureau of investigation provides to the 4444
director of public safety.4445

       (12) On receipt of a request pursuant to section 1321.37, 4446
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 4447
Code, a completed form prescribed pursuant to division (C)(1) of 4448
this section, and a set of fingerprint impressions obtained in the 4449
manner described in division (C)(2) of this section, the 4450
superintendent of the bureau of criminal identification and 4451
investigation shall conduct a criminal records check with respect 4452
to any person who has applied for a license, permit, or 4453
certification from the department of commerce or a division in the 4454
department. The superintendent shall conduct the criminal records 4455
check in the manner described in division (B) of this section to 4456
determine whether any information exists that indicates that the 4457
person who is the subject of the request previously has been 4458
convicted of or pleaded guilty to any of the following: a 4459
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 4460
2925.03 of the Revised Code; any other criminal offense involving 4461
theft, receiving stolen property, embezzlement, forgery, fraud, 4462
passing bad checks, money laundering, or drug trafficking, or any 4463
criminal offense involving money or securities, as set forth in 4464
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 4465
the Revised Code; or any existing or former law of this state, any 4466
other state, or the United States that is substantially equivalent 4467
to those offenses.4468

       (13) On receipt of a request for a criminal records check 4469
from the treasurer of state under section 113.041 of the Revised 4470
Code or from an individual under section 4701.08, 4715.101, 4471
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4472
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4473
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4474
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4475
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by 4476
a completed form prescribed under division (C)(1) of this section 4477
and a set of fingerprint impressions obtained in the manner 4478
described in division (C)(2) of this section, the superintendent 4479
of the bureau of criminal identification and investigation shall 4480
conduct a criminal records check in the manner described in 4481
division (B) of this section to determine whether any information 4482
exists that indicates that the person who is the subject of the 4483
request has been convicted of or pleaded guilty to any criminal 4484
offense in this state or any other state. The superintendent shall 4485
send the results of a check requested under section 113.041 of the 4486
Revised Code to the treasurer of state and shall send the results 4487
of a check requested under any of the other listed sections to the 4488
licensing board specified by the individual in the request.4489

       (14) On receipt of a request pursuant to section 1121.23, 4490
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 4491
Code, a completed form prescribed pursuant to division (C)(1) of 4492
this section, and a set of fingerprint impressions obtained in the 4493
manner described in division (C)(2) of this section, the 4494
superintendent of the bureau of criminal identification and 4495
investigation shall conduct a criminal records check in the manner 4496
described in division (B) of this section to determine whether any 4497
information exists that indicates that the person who is the 4498
subject of the request previously has been convicted of or pleaded 4499
guilty to any criminal offense under any existing or former law of 4500
this state, any other state, or the United States.4501

       (15) On receipt of a request for a criminal records check 4502
from an appointing or licensing authority under section 3772.07 of 4503
the Revised Code, a completed form prescribed under division 4504
(C)(1) of this section, and a set of fingerprint impressions 4505
obtained in the manner prescribed in division (C)(2) of this 4506
section, the superintendent of the bureau of criminal 4507
identification and investigation shall conduct a criminal records 4508
check in the manner described in division (B) of this section to 4509
determine whether any information exists that indicates that the 4510
person who is the subject of the request previously has been 4511
convicted of or pleaded guilty or no contest to any offense under 4512
any existing or former law of this state, any other state, or the 4513
United States that is a disqualifying offense as defined in 4514
section 3772.07 of the Revised Code or substantially equivalent to 4515
such an offense.4516

       (16) Not later than thirty days after the date the 4517
superintendent receives a request of a type described in division 4518
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 4519
(14), or (15) of this section, the completed form, and the 4520
fingerprint impressions, the superintendent shall send the person, 4521
board, or entity that made the request any information, other than 4522
information the dissemination of which is prohibited by federal 4523
law, the superintendent determines exists with respect to the 4524
person who is the subject of the request that indicates that the 4525
person previously has been convicted of or pleaded guilty to any 4526
offense listed or described in division (A)(1), (2), (3), (4), 4527
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this 4528
section, as appropriate. The superintendent shall send the person, 4529
board, or entity that made the request a copy of the list of 4530
offenses specified in division (A)(1), (2), (3), (4), (5), (6), 4531
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as 4532
appropriate. If the request was made under section 3701.881 of the 4533
Revised Code with regard to an applicant who may be both 4534
responsible for the care, custody, or control of a child and 4535
involved in providing direct care to an older adult, the 4536
superintendent shall provide a list of the offenses specified in 4537
divisions (A)(4) and (6) of this section.4538

       Not later than thirty days after the superintendent receives 4539
a request for a criminal records check pursuant to section 113.041 4540
of the Revised Code, the completed form, and the fingerprint 4541
impressions, the superintendent shall send the treasurer of state 4542
any information, other than information the dissemination of which 4543
is prohibited by federal law, the superintendent determines exist 4544
with respect to the person who is the subject of the request that 4545
indicates that the person previously has been convicted of or 4546
pleaded guilty to any criminal offense in this state or any other 4547
state.4548

       (B) The superintendent shall conduct any criminal records 4549
check requested under section 113.041, 121.08, 173.27, 173.394, 4550
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 4551
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 4552
3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 4701.08, 4553
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4554
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4555
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4556
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4557
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 4558
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081, 4559
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:4560

       (1) The superintendent shall review or cause to be reviewed 4561
any relevant information gathered and compiled by the bureau under 4562
division (A) of section 109.57 of the Revised Code that relates to 4563
the person who is the subject of the request, including, if the 4564
criminal records check was requested under section 113.041, 4565
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 4566
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 4567
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 4568
3722.1515119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 4569
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081, 4570
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant 4571
information contained in records that have been sealed under 4572
section 2953.32 of the Revised Code;4573

       (2) If the request received by the superintendent asks for 4574
information from the federal bureau of investigation, the 4575
superintendent shall request from the federal bureau of 4576
investigation any information it has with respect to the person 4577
who is the subject of the request, including fingerprint-based 4578
checks of national crime information databases as described in 42 4579
U.S.C. 671 if the request is made pursuant to section 2151.86, 4580
5104.012, or 5104.013 of the Revised Code or if any other Revised 4581
Code section requires fingerprint-based checks of that nature, and 4582
shall review or cause to be reviewed any information the 4583
superintendent receives from that bureau. If a request under 4584
section 3319.39 of the Revised Code asks only for information from 4585
the federal bureau of investigation, the superintendent shall not 4586
conduct the review prescribed by division (B)(1) of this section.4587

        (3) The superintendent or the superintendent's designee may 4588
request criminal history records from other states or the federal 4589
government pursuant to the national crime prevention and privacy 4590
compact set forth in section 109.571 of the Revised Code.4591

       (C)(1) The superintendent shall prescribe a form to obtain 4592
the information necessary to conduct a criminal records check from 4593
any person for whom a criminal records check is requested under 4594
section 113.041 of the Revised Code or required by section 121.08, 4595
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 4596
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 4597
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 4598
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4599
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4600
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4601
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4602
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 4603
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,4604
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 4605
form that the superintendent prescribes pursuant to this division 4606
may be in a tangible format, in an electronic format, or in both 4607
tangible and electronic formats.4608

       (2) The superintendent shall prescribe standard impression 4609
sheets to obtain the fingerprint impressions of any person for 4610
whom a criminal records check is requested under section 113.041 4611
of the Revised Code or required by section 121.08, 173.27, 4612
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 4613
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 4614
3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 4615
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4616
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4617
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4618
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4619
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 4620
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081, 4621
5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for 4622
whom a records check is requested under or required by any of 4623
those sections shall obtain the fingerprint impressions at a 4624
county sheriff's office, municipal police department, or any other 4625
entity with the ability to make fingerprint impressions on the 4626
standard impression sheets prescribed by the superintendent. The 4627
office, department, or entity may charge the person a reasonable 4628
fee for making the impressions. The standard impression sheets the 4629
superintendent prescribes pursuant to this division may be in a 4630
tangible format, in an electronic format, or in both tangible and 4631
electronic formats.4632

       (3) Subject to division (D) of this section, the 4633
superintendent shall prescribe and charge a reasonable fee for 4634
providing a criminal records check requested under section 4635
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 4636
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 4637
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 4638
3722.1515119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4639
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4640
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4641
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4642
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4643
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 4644
5119.693, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 4645
Code. The person making a criminal records request under any of 4646
those sections shall pay the fee prescribed pursuant to this 4647
division. A person making a request under section 3701.881 of the 4648
Revised Code for a criminal records check for an applicant who may 4649
be both responsible for the care, custody, or control of a child 4650
and involved in providing direct care to an older adult shall pay 4651
one fee for the request. In the case of a request under section 4652
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032 4653
of the Revised Code, the fee shall be paid in the manner specified 4654
in that section.4655

       (4) The superintendent of the bureau of criminal 4656
identification and investigation may prescribe methods of 4657
forwarding fingerprint impressions and information necessary to 4658
conduct a criminal records check, which methods shall include, but 4659
not be limited to, an electronic method.4660

       (D) A determination whether any information exists that 4661
indicates that a person previously has been convicted of or 4662
pleaded guilty to any offense listed or described in division 4663
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 4664
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 4665
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) 4666
of this section, or that indicates that a person previously has 4667
been convicted of or pleaded guilty to any criminal offense in 4668
this state or any other state regarding a criminal records check 4669
of a type described in division (A)(13) of this section, and that 4670
is made by the superintendent with respect to information 4671
considered in a criminal records check in accordance with this 4672
section is valid for the person who is the subject of the criminal 4673
records check for a period of one year from the date upon which 4674
the superintendent makes the determination. During the period in 4675
which the determination in regard to a person is valid, if another 4676
request under this section is made for a criminal records check 4677
for that person, the superintendent shall provide the information 4678
that is the basis for the superintendent's initial determination 4679
at a lower fee than the fee prescribed for the initial criminal 4680
records check.4681

       (E) When the superintendent receives a request for 4682
information from a registered private provider, the superintendent 4683
shall proceed as if the request was received from a school 4684
district board of education under section 3319.39 of the Revised 4685
Code. The superintendent shall apply division (A)(7) of this 4686
section to any such request for an applicant who is a teacher.4687

       (F) As used in this section:4688

       (1) "Criminal records check" means any criminal records check 4689
conducted by the superintendent of the bureau of criminal 4690
identification and investigation in accordance with division (B) 4691
of this section.4692

       (2) "Minor drug possession offense" has the same meaning as 4693
in section 2925.01 of the Revised Code.4694

       (3) "Older adult" means a person age sixty or older.4695

       (4) "OVI or OVUAC violation" means a violation of section 4696
4511.19 of the Revised Code or a violation of an existing or 4697
former law of this state, any other state, or the United States 4698
that is substantially equivalent to section 4511.19 of the Revised 4699
Code.4700

       (5) "Registered private provider" means a nonpublic school or 4701
entity registered with the superintendent of public instruction 4702
under section 3310.41 of the Revised Code to participate in the 4703
autism scholarship program or section 3310.58 of the Revised Code 4704
to participate in the special education scholarship program.4705

       Sec. 109.64.  The bureau of criminal identification and 4706
investigation shall prepare a periodic information bulletin 4707
concerning missing children whom it determines may be present in 4708
this state. The bureau shall compile the bulletin from information 4709
contained in the national crime information center computer. The 4710
bulletin shall indicate the names and addresses of these minors 4711
who are the subject of missing children cases and other 4712
information that the superintendent of the bureau considers 4713
appropriate. The bulletin shall contain a reminder to law 4714
enforcement agencies of their responsibilities under section 4715
2901.30 of the Revised Code.4716

       The bureau shall send a copy of each periodic information 4717
bulletin to the missing children clearinghouse established under 4718
section 109.65 of the Revised Code for use in connection with its 4719
responsibilities under division (E) of that section. Upon receipt 4720
of each periodic information bulletin from the bureau, the missing 4721
children clearinghouse shall send a copy of the bulletin to each 4722
sheriff, marshal, police department of a municipal corporation, 4723
police force of a township police district or joint township4724
police district, and township constable in this state, to the 4725
board of education of each school district in this state, and to 4726
each nonpublic school in this state. The bureau shall provide a 4727
copy of the bulletin, upon request, to other persons or entities. 4728
The superintendent of the bureau, with the approval of the 4729
attorney general, may establish a reasonable fee for a copy of a 4730
bulletin provided to persons or entities other than law 4731
enforcement agencies in this or other states or of the federal 4732
government, the department of education, governmental entities of 4733
this state, and libraries in this state. The superintendent shall 4734
deposit all such fees collected by him into the missing children 4735
fund created by section 109.65 of the Revised Code.4736

       As used in this section, "missing children," "information," 4737
and "minor" have the same meanings as in section 2901.30 of the 4738
Revised Code.4739

       Sec. 109.71.  There is hereby created in the office of the 4740
attorney general the Ohio peace officer training commission. The 4741
commission shall consist of nine members appointed by the governor 4742
with the advice and consent of the senate and selected as follows: 4743
one member representing the public; two members who are incumbent 4744
sheriffs; two members who are incumbent chiefs of police; one 4745
member from the bureau of criminal identification and 4746
investigation; one member from the state highway patrol; one 4747
member who is the special agent in charge of a field office of the 4748
federal bureau of investigation in this state; and one member from 4749
the department of education, trade and industrial education 4750
services, law enforcement training.4751

       This section does not confer any arrest authority or any 4752
ability or authority to detain a person, write or issue any 4753
citation, or provide any disposition alternative, as granted under 4754
Chapter 2935. of the Revised Code.4755

       As used in sections 109.71 to 109.801 of the Revised Code:4756

       (A) "Peace officer" means:4757

       (1) A deputy sheriff, marshal, deputy marshal, member of the 4758
organized police department of a township or municipal 4759
corporation, member of a township police district or joint 4760
township police district police force, member of a police force 4761
employed by a metropolitan housing authority under division (D) of 4762
section 3735.31 of the Revised Code, or township constable, who is 4763
commissioned and employed as a peace officer by a political 4764
subdivision of this state or by a metropolitan housing authority, 4765
and whose primary duties are to preserve the peace, to protect 4766
life and property, and to enforce the laws of this state, 4767
ordinances of a municipal corporation, resolutions of a township, 4768
or regulations of a board of county commissioners or board of 4769
township trustees, or any of those laws, ordinances, resolutions, 4770
or regulations;4771

       (2) A police officer who is employed by a railroad company 4772
and appointed and commissioned by the secretary of state pursuant 4773
to sections 4973.17 to 4973.22 of the Revised Code;4774

       (3) Employees of the department of taxation engaged in the 4775
enforcement of Chapter 5743. of the Revised Code and designated by 4776
the tax commissioner for peace officer training for purposes of 4777
the delegation of investigation powers under section 5743.45 of 4778
the Revised Code;4779

       (4) An undercover drug agent;4780

       (5) Enforcement agents of the department of public safety 4781
whom the director of public safety designates under section 4782
5502.14 of the Revised Code;4783

       (6) An employee of the department of natural resources who is 4784
a natural resources law enforcement staff officer designated 4785
pursuant to section 1501.013, a park officer designated pursuant 4786
to section 1541.10, a forest officer designated pursuant to 4787
section 1503.29, a preserve officer designated pursuant to section 4788
1517.10, a wildlife officer designated pursuant to section 4789
1531.13, or a state watercraft officer designated pursuant to 4790
section 1547.521 of the Revised Code;4791

       (7) An employee of a park district who is designated pursuant 4792
to section 511.232 or 1545.13 of the Revised Code;4793

       (8) An employee of a conservancy district who is designated 4794
pursuant to section 6101.75 of the Revised Code;4795

       (9) A police officer who is employed by a hospital that 4796
employs and maintains its own proprietary police department or 4797
security department, and who is appointed and commissioned by the 4798
secretary of state pursuant to sections 4973.17 to 4973.22 of the 4799
Revised Code;4800

       (10) Veterans' homes police officers designated under section 4801
5907.02 of the Revised Code;4802

       (11) A police officer who is employed by a qualified 4803
nonprofit corporation police department pursuant to section 4804
1702.80 of the Revised Code;4805

       (12) A state university law enforcement officer appointed 4806
under section 3345.04 of the Revised Code or a person serving as a 4807
state university law enforcement officer on a permanent basis on 4808
June 19, 1978, who has been awarded a certificate by the executive 4809
director of the Ohio peace officer training commission attesting 4810
to the person's satisfactory completion of an approved state, 4811
county, municipal, or department of natural resources peace 4812
officer basic training program;4813

       (13) A special police officer employed by the department of 4814
mental health pursuant to section 5119.14 of the Revised Code or 4815
the department of developmental disabilities pursuant to section 4816
5123.13 of the Revised Code;4817

       (14) A member of a campus police department appointed under 4818
section 1713.50 of the Revised Code;4819

       (15) A member of a police force employed by a regional 4820
transit authority under division (Y) of section 306.35 of the 4821
Revised Code;4822

       (16) Investigators appointed by the auditor of state pursuant 4823
to section 117.091 of the Revised Code and engaged in the 4824
enforcement of Chapter 117. of the Revised Code;4825

       (17) A special police officer designated by the 4826
superintendent of the state highway patrol pursuant to section 4827
5503.09 of the Revised Code or a person who was serving as a 4828
special police officer pursuant to that section on a permanent 4829
basis on October 21, 1997, and who has been awarded a certificate 4830
by the executive director of the Ohio peace officer training 4831
commission attesting to the person's satisfactory completion of an 4832
approved state, county, municipal, or department of natural 4833
resources peace officer basic training program;4834

       (18) A special police officer employed by a port authority 4835
under section 4582.04 or 4582.28 of the Revised Code or a person 4836
serving as a special police officer employed by a port authority 4837
on a permanent basis on May 17, 2000, who has been awarded a 4838
certificate by the executive director of the Ohio peace officer 4839
training commission attesting to the person's satisfactory 4840
completion of an approved state, county, municipal, or department 4841
of natural resources peace officer basic training program;4842

       (19) A special police officer employed by a municipal 4843
corporation who has been awarded a certificate by the executive 4844
director of the Ohio peace officer training commission for 4845
satisfactory completion of an approved peace officer basic 4846
training program and who is employed on a permanent basis on or 4847
after March 19, 2003, at a municipal airport, or other municipal 4848
air navigation facility, that has scheduled operations, as defined 4849
in section 119.3 of Title 14 of the Code of Federal Regulations, 4850
14 C.F.R. 119.3, as amended, and that is required to be under a 4851
security program and is governed by aviation security rules of the 4852
transportation security administration of the United States 4853
department of transportation as provided in Parts 1542. and 1544. 4854
of Title 49 of the Code of Federal Regulations, as amended;4855

       (20) A police officer who is employed by an owner or operator 4856
of an amusement park that has an average yearly attendance in 4857
excess of six hundred thousand guests and that employs and 4858
maintains its own proprietary police department or security 4859
department, and who is appointed and commissioned by a judge of 4860
the appropriate municipal court or county court pursuant to 4861
section 4973.17 of the Revised Code;4862

        (21) A police officer who is employed by a bank, savings and 4863
loan association, savings bank, credit union, or association of 4864
banks, savings and loan associations, savings banks, or credit 4865
unions, who has been appointed and commissioned by the secretary 4866
of state pursuant to sections 4973.17 to 4973.22 of the Revised 4867
Code, and who has been awarded a certificate by the executive 4868
director of the Ohio peace officer training commission attesting 4869
to the person's satisfactory completion of a state, county, 4870
municipal, or department of natural resources peace officer basic 4871
training program;4872

       (22) An investigator, as defined in section 109.541 of the 4873
Revised Code, of the bureau of criminal identification and 4874
investigation who is commissioned by the superintendent of the 4875
bureau as a special agent for the purpose of assisting law 4876
enforcement officers or providing emergency assistance to peace 4877
officers pursuant to authority granted under that section;4878

       (23) A state fire marshal law enforcement officer appointed 4879
under section 3737.22 of the Revised Code or a person serving as a 4880
state fire marshal law enforcement officer on a permanent basis on 4881
or after July 1, 1982, who has been awarded a certificate by the 4882
executive director of the Ohio peace officer training commission 4883
attesting to the person's satisfactory completion of an approved 4884
state, county, municipal, or department of natural resources peace 4885
officer basic training program;4886

       (24) A gaming agent employed under section 3772.03 of the 4887
Revised Code.4888

       (B) "Undercover drug agent" has the same meaning as in 4889
division (B)(2) of section 109.79 of the Revised Code.4890

       (C) "Crisis intervention training" means training in the use 4891
of interpersonal and communication skills to most effectively and 4892
sensitively interview victims of rape.4893

       (D) "Missing children" has the same meaning as in section 4894
2901.30 of the Revised Code.4895

       Sec. 109.801.  (A)(1) Each year, any of the following persons 4896
who are authorized to carry firearms in the course of their 4897
official duties shall complete successfully a firearms 4898
requalification program approved by the executive director of the 4899
Ohio peace officer training commission in accordance with rules 4900
adopted by the attorney general pursuant to section 109.743 of the 4901
Revised Code: any peace officer, sheriff, chief of police of an 4902
organized police department of a municipal corporation or 4903
township, chief of police of a township police district or joint 4904
police district police force, superintendent of the state highway 4905
patrol, state highway patrol trooper, or chief of police of a 4906
university or college police department; any parole or probation 4907
officer who carries a firearm in the course of official duties; 4908
the house of representatives sergeant at arms if the house of 4909
representatives sergeant at arms has arrest authority pursuant to 4910
division (E)(1) of section 101.311 of the Revised Code; any 4911
assistant house of representatives sergeant at arms; or any 4912
employee of the department of youth services who is designated 4913
pursuant to division (A)(2) of section 5139.53 of the Revised Code 4914
as being authorized to carry a firearm while on duty as described 4915
in that division.4916

       (2) No person listed in division (A)(1) of this section shall 4917
carry a firearm during the course of official duties if the person 4918
does not comply with division (A)(1) of this section.4919

       (B) The hours that a sheriff spends attending a firearms 4920
requalification program required by division (A) of this section 4921
are in addition to the sixteen hours of continuing education that 4922
are required by division (E) of section 311.01 of the Revised 4923
Code.4924

       (C) As used in this section, "firearm" has the same meaning 4925
as in section 2923.11 of the Revised Code.4926

       Sec. 111.12. (A) Except as otherwise provided in division 4927
(B) of this section, theThe secretary of state shall compile and 4928
publish biennially in a paper, book, or other nonelectronic4929
electronic format twenty-five hundred copies of the election 4930
statistics of Ohio, four thousand copies of the official roster of 4931
federal, state, and county officers, and twenty-five hundred 4932
copies of the official roster of township and municipal officers.4933

       (B) The secretary of state may compile and publish biennially 4934
the election statistics of Ohio, the official roster of federal, 4935
state, and county officers, and the official roster of township 4936
and municipal officers in an electronic format instead of 4937
compiling and publishing these documents biennially in a paper, 4938
book, or other nonelectronic format in the numbers specified in 4939
division (A) of this section. If the secretary of state does so, 4940
the secretary of state shall maintain the ability to provide 4941
copies of the election statistics of Ohio, the official roster of 4942
federal, state, and county officers, and the official roster of 4943
township and municipal officers in accordance with section 149.43 4944
of the Revised Code.4945

       Sec. 111.16.  The secretary of state shall charge and 4946
collect, for the benefit of the state, the following fees:4947

       (A) For filing and recording articles of incorporation of a 4948
domestic corporation, including designation of agent:4949

       (1) Wherein the corporation shall not be authorized to issue 4950
any shares of capital stock, one hundred twenty-five dollars;4951

       (2) Wherein the corporation shall be authorized to issue 4952
shares of capital stock, with or without par value:4953

       (a) Ten cents for each share authorized up to and including 4954
one thousand shares;4955

       (b) Five cents for each share authorized in excess of one 4956
thousand shares up to and including ten thousand shares;4957

       (c) Two cents for each share authorized in excess of ten 4958
thousand shares up to and including fifty thousand shares;4959

       (d) One cent for each share authorized in excess of fifty 4960
thousand shares up to and including one hundred thousand shares;4961

       (e) One-half cent for each share authorized in excess of one 4962
hundred thousand shares up to and including five hundred thousand 4963
shares;4964

       (f) One-quarter cent for each share authorized in excess of 4965
five hundred thousand shares; provided no fee shall be less than 4966
one hundred twenty-five dollars or greater than one hundred 4967
thousand dollars.4968

       (B) For filing and recording a certificate of amendment to or 4969
amended articles of incorporation of a domestic corporation, or 4970
for filing and recording a certificate of reorganization, a 4971
certificate of dissolution, or an amendment to a foreign license 4972
application:4973

       (1) If the domestic corporation is not authorized to issue 4974
any shares of capital stock, fifty dollars;4975

       (2) If the domestic corporation is authorized to issue shares 4976
of capital stock, fifty dollars, and in case of any increase in 4977
the number of shares authorized to be issued, a further sum 4978
computed in accordance with the schedule set forth in division 4979
(A)(2) of this section less a credit computed in the same manner 4980
for the number of shares previously authorized to be issued by the 4981
corporation; provided no fee under division (B)(2) of this section 4982
shall be greater than one hundred thousand dollars;4983

       (3) If the foreign corporation is not authorized to issue any 4984
shares of capital stock, fifty dollars;4985

       (4) If the foreign corporation is authorized to issue shares 4986
of capital stock, fifty dollars.4987

       (C) For filing and recording articles of incorporation of a 4988
savings and loan association, one hundred twenty-five dollars; and 4989
for filing and recording a certificate of amendment to or amended 4990
articles of incorporation of a savings and loan association, fifty 4991
dollars;4992

       (D) For filing and recording a certificate of conversion, 4993
including a designation of agent, a certificate of merger, or a 4994
certificate of consolidation, one hundred twenty-five dollars and, 4995
in the case of any new corporation resulting from a consolidation 4996
or any surviving corporation that has an increased number of 4997
shares authorized to be issued resulting from a merger, an 4998
additional sum computed in accordance with the schedule set forth 4999
in division (A)(2) of this section less a credit computed in the 5000
same manner for the number of shares previously authorized to be 5001
issued or represented in this state by each of the corporations 5002
for which a consolidation or merger is effected by the 5003
certificate;5004

       (E) For filing and recording articles of incorporation of a 5005
credit union or the American credit union guaranty association, 5006
one hundred twenty-five dollars, and for filing and recording a 5007
certificate of increase in capital stock or any other amendment of 5008
the articles of incorporation of a credit union or the 5009
association, fifty dollars;5010

       (F) For filing and recording articles of organization of a 5011
limited liability company, for filing and recording an application 5012
to become a registered foreign limited liability company, for 5013
filing and recording a registration application to become a 5014
domestic limited liability partnership, or for filing and 5015
recording an application to become a registered foreign limited 5016
liability partnership, one hundred twenty-five dollars;5017

       (G) For filing and recording a certificate of limited 5018
partnership or an application for registration as a foreign 5019
limited partnership, or for filing an initial statement of 5020
partnership authority pursuant to section 1776.33 of the Revised 5021
Code, one hundred twenty-five dollars.5022

       (H) For filing a copy of papers evidencing the incorporation 5023
of a municipal corporation or of annexation of territory by a 5024
municipal corporation, five dollars, to be paid by the municipal 5025
corporation, the petitioners therefor, or their agent;5026

       (I) For filing and recording any of the following:5027

       (1) A license to transact business in this state by a foreign 5028
corporation for profit pursuant to section 1703.04 of the Revised 5029
Code or a foreign nonprofit corporation pursuant to section 5030
1703.27 of the Revised Code, one hundred twenty-five dollars;5031

       (2) A biennial report or biennial statement pursuant to 5032
section 1775.63, 1776.83, or 1785.06 of the Revised Code, 5033
twenty-five dollars;5034

       (3) Except as otherwise provided in this section or any other 5035
section of the Revised Code, any other certificate or paper that 5036
is required to be filed and recorded or is permitted to be filed 5037
and recorded by any provision of the Revised Code with the 5038
secretary of state, twenty-five dollars.5039

       (J) For filing any certificate or paper not required to be 5040
recorded, five dollars;5041

       (K)(1) For making copies of any certificate or other paper 5042
filed in the office of the secretary of state, a fee not to exceed 5043
one dollar per page, except as otherwise provided in the Revised 5044
Code, and for creating and affixing the seal of the office of the 5045
secretary of state to any good standing or other certificate, five 5046
dollars. For copies of certificates or papers required by state 5047
officers for official purpose, no charge shall be made.5048

       (2) For creating and affixing the seal of the office of the 5049
secretary of state to the certificates described in division (E) 5050
of section 1701.81, division (E) of section 1701.811, division (E) 5051
of section 1705.38, division (E) of section 1705.381, division (D) 5052
of section 1702.43, division (E) of section 1775.47, division (E) 5053
of section 1775.55, division (E) of section 1776.70, division (E) 5054
of section 1776.74, division (E) of section 1782.433, or division 5055
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.5056

       (L) For a minister's license to solemnize marriages, ten 5057
dollars;5058

       (M) For examining documents to be filed at a later date for 5059
the purpose of advising as to the acceptability of the proposed 5060
filing, fifty dollars;5061

       (N) Fifty dollars for filing and recording any of the 5062
following:5063

       (1) A certificate of dissolution and accompanying documents, 5064
or a certificate of cancellation, under section 1701.86, 1702.47, 5065
1705.43, 1776.65, or 1782.10 of the Revised Code;5066

       (2) A notice of dissolution of a foreign licensed corporation 5067
or a certificate of surrender of license by a foreign licensed 5068
corporation under section 1703.17 of the Revised Code;5069

       (3) The withdrawal of registration of a foreign or domestic 5070
limited liability partnership under section 1775.61, 1775.64, 5071
1776.81, or 1776.86 of the Revised Code, or the certificate of 5072
cancellation of registration of a foreign limited liability 5073
company under section 1705.57 of the Revised Code;5074

       (4) The filing of a statement of denial under section 1776.34 5075
of the Revised Code, a statement of dissociation under section 5076
1776.57 of the Revised Code, a statement of disclaimer of general 5077
partner status under Chapter 1782. of the Revised Code, or a 5078
cancellation of disclaimer of general partner status under Chapter 5079
1782. of the Revised Code.5080

       (O) For filing a statement of continued existence by a 5081
nonprofit corporation, twenty-five dollars;5082

       (P) For filing a restatement under section 1705.08 or 1782.09 5083
of the Revised Code, an amendment to a certificate of cancellation 5084
under section 1782.10 of the Revised Code, an amendment under 5085
section 1705.08 or 1782.09 of the Revised Code, or a correction 5086
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of 5087
the Revised Code, fifty dollars;5088

       (Q) For filing for reinstatement of an entity cancelled by 5089
operation of law, by the secretary of state, by order of the 5090
department of taxation, or by order of a court, twenty-five 5091
dollars;5092

       (R) For filing aand recording any of the following:5093

       (1) A change of agent, resignation of agent, or change of 5094
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 5095
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the 5096
Revised Code, twenty-five dollars;5097

       (2) A multiple change of agent name or address, 5098
standardization of agent address, or resignation of agent under 5099
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 5100
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one 5101
hundred twenty-five dollars, plus three dollars per entity record 5102
being changed, by the multiple agent update.5103

       (S) For filing and recording any of the following:5104

       (1) An application for the exclusive right to use a name or 5105
an application to reserve a name for future use under section 5106
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised 5107
Code, fifty dollars;5108

       (2) A trade name or fictitious name registration or report, 5109
fifty dollars;5110

       (3) An application to renew any item covered by division 5111
(S)(1) or (2) of this section that is permitted to be renewed, 5112
twenty-five dollars;5113

       (4) An assignment of rights for use of a name covered by 5114
division (S)(1), (2), or (3) of this section, the cancellation of 5115
a name registration or name reservation that is so covered, or 5116
notice of a change of address of the registrant of a name that is 5117
so covered, twenty-five dollars.5118

       (T) For filing and recording a report to operate a business 5119
trust or a real estate investment trust, either foreign or 5120
domestic, one hundred twenty-five dollars; and for filing and 5121
recording an amendment to a report or associated trust instrument, 5122
or a surrender of authority, to operate a business trust or real 5123
estate investment trust, fifty dollars;5124

       (U)(1) For filing and recording the registration of a 5125
trademark, service mark, or mark of ownership, one hundred 5126
twenty-five dollars;5127

       (2) For filing and recording the change of address of a 5128
registrant, the assignment of rights to a registration, a renewal 5129
of a registration, or the cancellation of a registration 5130
associated with a trademark, service mark, or mark of ownership, 5131
twenty-five dollars.5132

       (V) For filing a service of process with the secretary of 5133
state, five dollars, except as otherwise provided in any section 5134
of the Revised Code.5135

       Fees specified in this section may be paid by cash, check, or 5136
money order, by credit card in accordance with section 113.40 of 5137
the Revised Code, or by an alternative payment program in 5138
accordance with division (B) of section 111.18 of the Revised 5139
Code. Any credit card number or the expiration date of any credit 5140
card is not subject to disclosure under Chapter 149. of the 5141
Revised Code.5142

       Sec. 111.18.  (A) The secretary of state shall keep a record 5143
of all f