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As Reported by the House State Government Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 649 |
REPRESENTATIVE GARDNER
A BILL
To amend sections 101.23, 101.271, 101.272, 101.29, 101.31, 101.32,
101.33, 101.50, 101.52,
101.61, 101.62, 101.65, 101.67, 101.69, 102.09,
103.15, 105.61, 123.151, 124.18, 125.081,
125.31, 125.42, 125.58, 125.59,
125.60, 127.16, 129.52, 129.56, 129.64, 149.091, 149.17,
164.11, 1555.14,
2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and 5528.56, to enact
new section 101.25, and to repeal section 101.25 of the
Revised Code to improve operations of
the General Assembly by permitting members to resign
without a
vote of
acceptance, transferring responsibility for preservation
of the final journals
to the Ohio Historical Society, retitling
the Legislative Clerk of the House as the
Clerk of the
House,
retitling the Executive Secretary of the House as the Chief
Administrative Officer of the House, updating the mileage paid
to certain officers of the Senate and House, and
clarifying that
only the principal sergeant at arms is to be
paid
mileage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.23, 101.271, 101.272, 101.29, 101.31,
101.32, 101.33, 101.50, 101.52, 101.61, 101.62, 101.65, 101.67, 101.69,
102.09, 103.15, 105.61, 123.151, 124.18, 125.081, 125.31, 125.42, 125.58,
125.59, 125.60, 127.16, 129.52, 129.56, 129.64, 149.091, 149.17, 164.11,
1555.14, 2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and 5528.56 be
amended and new section 101.25 of
the Revised Code be
enacted to read as follows:
Sec. 101.23. The oath of office of senators and representatives, the
president and president pro tempore of the senate, the speaker and
speaker pro tempore of the house of
representatives, and the clerk of the senate, executive secretary
THE CHIEF ADMINISTRATIVE OFFICER and legislative THE
clerk of the house of representatives, and their assistants, and
the sergeant at arms, and assistant sergeant at arms of each
house, may be administered by a member or by a person authorized to
administer oaths.
Sec. 101.25. DURING A REGULAR SESSION OF THE GENERAL ASSEMBLY, A
SENATOR WHO DESIRES TO RESIGN SHALL DO SO BY PRESENTING A LETTER OF
RESIGNATION
TO THE PRESIDENT OF THE SENATE AND A REPRESENTATIVE WHO DESIRES TO RESIGN
SHALL
DO SO BY PRESENTING A LETTER OF RESIGNATION TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES. THE PRESIDENT OR SPEAKER SHALL VERIFY AUTHENTICITY OF THE
LETTER OF RESIGNATION AND, UPON DOING SO, SHALL SEND A LETTER OF
ACKNOWLEDGEMENT TO THE RESIGNING SENATOR OR REPRESENTATIVE.
WHEN THE GENERAL ASSEMBLY HAS ADJOURNED ITS REGULAR SESSION SINE DIE, A
SENATOR OR REPRESENTATIVE WHO DESIRES TO RESIGN SHALL DO SO BY PRESENTING A
LETTER OF RESIGNATION TO THE GOVERNOR. THE GOVERNOR SHALL VERIFY AUTHENTICITY
OF THE LETTER OF RESIGNATION AND, UPON DOING SO, SHALL SEND A LETTER OF
ACKNOWLEDGEMENT TO THE RESIGNING SENATOR OR REPRESENTATIVE.
AN ACKNOWLEDGED RESIGNATION TAKES EFFECT AT THE TIME SPECIFIED IN THE
LETTER OF RESIGNATION. IF AN ACKNOWLEDGED RESIGNATION OCCURS DURING A REGULAR
SESSION OF THE GENERAL ASSEMBLY, THE CLERK OF THE SENATE OR CLERK OF THE HOUSE
OF REPRESENTATIVES SHALL SPREAD THE LETTER OF RESIGNATION UPON THE SENATE OR
HOUSE OF REPRESENTATIVES JOURNAL.
THIS SECTION DOES NOT APPLY TO A MEMBER-ELECT WHO RESIGNS BEFORE THE
GENERAL ASSEMBLY HAS ORGANIZED.
Sec. 101.271. (A) As used in this section, "medical
insurance premium" means any premium payment made under a
contract with an insurance company, nonprofit health plan, health
insuring corporation, or any
combination of such organizations, pursuant to section 124.82 of
the Revised Code.
(B) After the general election in each even-numbered year,
the clerk of the senate, with the assistance of the department of
administrative services, shall estimate the cost of the medical
insurance premiums that will be necessary to provide coverage, on
the same basis as for a similarly situated state employee, for
each person who is elected to a term as senator at such election,
or appointed to fill the unexpired portion of any such term, and
any of the senator's dependents qualified for coverage at
the time the senator
assumes office. Using this estimate, the clerk shall determine a
fixed amount to be paid by the state in equal monthly
installments on behalf of the senator each year of the
senator's term as a medical insurance premium, but in no event in an
amount to exceed
the total premium required in any month by the contract of the
state by the carrier. Any amount not paid in such a case shall
be placed in reserve and applied against any subsequent month's
premium up to the full amount thereof until the entire amount has
been paid along with the original estimate for each month. This
fixed amount shall be such that, as nearly as can be predicted,
the sum of the monthly premiums paid for the senator during the
senator's
term shall equal the total amount of medical insurance premiums
that will be paid for such an employee, as required by section
124.82 of the Revised Code, during that term. The senator shall
pay the difference between the amount so fixed and the total
premium required by the contract of the state with the carrier.
(C) After the general election in each even-numbered year,
the executive secretary CHIEF ADMINISTRATIVE OFFICER of the
house of representatives, with the
assistance of the department of administrative services, shall
estimate the cost of the medical insurance premiums that will be
necessary to provide coverage, on the same basis as for a
similarly situated state employee, for each person who is elected
to a term as representative at such election, or appointed to
fill the unexpired portion of any such term, and any of the
representative's dependents qualified for coverage at the time
the representative assumes office. Using this estimate, the executive
secretary CHIEF ADMINISTRATIVE OFFICER shall determine a fixed
amount to be paid by the state in equal monthly
installments on behalf of the representative each year of the
representative's
term as a medical insurance premium, but in no event in an amount
to exceed the total premium required in any month by the contract
of the state with the carrier. Any amount not paid in such a
case shall be placed in reserve and applied against any
subsequent month's premium up to the full amount thereof until
the entire reserve has been paid along with the original estimate
for each month. This fixed amount shall be such that, as nearly
as can be predicted, the sum of the monthly premiums paid for the
representative during the representative's term shall equal
the total amount of
medical insurance premiums that will be paid for such an
employee, as required by section 124.82 of the Revised Code,
during that term. The representative shall pay the difference
between the amount so fixed and the total premium required by the
contract of the state with the carrier.
Sec. 101.272. (A) The house reimbursement fund is hereby
created in the state treasury. The fund shall consist of refunds
from the department of administrative services of overpayments of
medical insurance premiums accumulated under division (C) of
section 101.271 of the Revised Code; amounts received by the
house executive secretary's office OF THE CHIEF ADMINISTRATIVE
OFFICER OF THE HOUSE OF REPRESENTATIVES for salvage and recycling of
equipment, materials, and supplies; and payments from members and
employees for incidental use of house equipment or facilities. The fund shall
be used to pay operating expenses of the house of
representatives.
(B) The senate reimbursement fund is hereby created in the
state treasury. The fund shall consist of refunds from the
department of administrative services of overpayments of medical
insurance premiums accumulated under division (B) of section
101.271 of the Revised Code; amounts received by the senate
clerk's office for salvage and recycling of equipment, materials,
and supplies; and payments from members and employees for
incidental use of senate equipment or facilities. The fund shall
be used to pay operating expenses of the senate.
Sec. 101.29. The senate and the house of representatives shall choose their
own officials and employees, respectively, and fix their compensation. The
clerk of the senate, executive secretary THE CHIEF ADMINISTRATIVE
OFFICER and legislative THE clerk of the
house of
representatives, and THE PRINCIPAL sergeants at arms designated by the
respective houses
shall receive ten cents A TRAVEL ALLOWANCE per mile each way
twice a month from and to their
place of residence, if outside Franklin county, by the most direct highway
route of public travel, to be paid monthly,
AT THE SAME MILEAGE RATE ALLOWED FOR
THE REIMBURSEMENT OF TRAVEL EXPENSES OF STATE AGENTS AS PROVIDED
BY RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT ADOPTED PURSUANT TO
DIVISION (B) OF SECTION 126.31
OF THE REVISED CODE.
THE SENTENCE OF THIS SECTION REQUIRING PAYMENT FOR MILEAGE
DOES NOT INCLUDE THE ASSISTANT SERGEANTS AT ARMS DESIGNATED BY
THE SENATE AND HOUSE OF REPRESENTATIVES.
Sec. 101.31. The clerk of the senate, executive secretary THE CHIEF
ADMINISTRATIVE OFFICER and legislative THE clerk of the
house of representatives, and the sergeant at arms of each house
shall be present and assist in the organization of the next succeeding general
assembly.
Sec. 101.32. The clerk of the senate and executive secretary,
THE CHIEF ADMINISTRATIVE OFFICER of the house of
representatives, and the sergeant at arms of each house shall have control of
their respective assistants, and each house by resolution may dismiss any of
them whose services are not needed, or who do not perform their duties
satisfactorily.
Sec. 101.33. During the absence or disability of the clerk of the senate,
legislative clerk of the house of representatives, or sergeant at arms
of
either house, the respective house of the general assembly may constitute one
of the assistant clerks, clerk pro tempore or legislative clerk pro
tempore,
or one of the assistant sergeant at arms, sergeant at arms pro tempore, and
the assistant so appointed shall have the powers to perform the duties
required of his THE ASSISTANT'S principal.
Sec. 101.50. If, in the case of first class or second class
printing, no contract has been awarded by the first Monday in
October of even-numbered years as a result of a legal action that
prohibits the director of administrative services from awarding a
contract, an emergency shall exist, the authority of the director
of administrative services to procure a contract is suspended,
and full authority to award a temporary contract shall pass to a
legislative printing board composed of the president of the
senate, the speaker of the house of representatives, the clerk of
the senate, and the executive secretary CHIEF ADMINISTRATIVE
OFFICER of the house of representatives. The board shall award
such THE TEMPORARY contract to provide the necessary services by
a simple majority vote of the members. All printing undertaken under the
terms of the temporary contract
shall be completed by the temporary printer.
Sec. 101.52. After passage and before enrollment, bills
shall be printed in ten point type on pages containing seven and
one-half by four and one-half inches of solid matter, on paper
specified by the state in its notice for proposals for state
printing. Bills shall be printed in the exact language in which
they were passed, under the supervision of the clerk of the house
in which they originated. New matter shall be indicated by
capitalization and old matter omitted by striking through such
matter. Prior capitalization in a Revised Code section shall be
indicated by italicized type.
Five copies of each bill shall be printed in a form
suitable for distribution as enrolled bills and not less than one
thousand nor more than six thousand copies of each bill shall be
printed in a form suitable for distribution as pamphlet laws.
The pamphlet laws shall be prepared as follows:
(A) Copies in such number as may be agreed upon by the
clerk of the senate and the executive secretary CHIEF ADMINISTRATIVE
OFFICER of the house OF REPRESENTATIVES, but in no case shall more
than five thousand be printed and
apportioned among the senators and representatives;
(B) Five hundred copies for distribution by the secretary
of state.
Sec. 101.61. The clerk of the senate and the legislative clerk of the
house of representatives shall keep a daily journal
of the proceedings of his THE CLERK'S
house of the general assembly, which
shall be read and corrected in his THE CLERK'S
presence. After the reading, CORRECTION,
and approval of the journal, it shall be attested by the clerk or
legislative clerk and recorded in books furnished by the
secretary of state. The recorded journals shall be deposited
with the secretary of state, OHIO HISTORICAL SOCIETY
and be the true journals. The
original daily journal, as kept, corrected, approved, and
attested, shall be delivered by the clerk or legislative clerk to
the printer of the journals for his THE PRINTER'S use in
printing them. The
clerk or legislative clerk shall read and correct the proof
sheets, carefully compare them with the recorded journals, and
correct any errors.
Sec. 101.62. No executive message, address, communication of a state officer
or board, report of the superintendent or other officers of a state
institution or building, petition or memorial, argumentative or voluminous
report of a standing or a select committee or a joint committee of both
houses, special report of an officer or board in reply to a resolution of
either house or to a joint resolution, or other voluminous document, except
amendments to the constitution or to bills and resolutions, and protests of
members of either house against an act or resolution thereof, shall be entered
upon the journals or recorded in the books provided for in section 101.61
of
the Revised Code.
Sec. 101.65. The clerk of the senate and the legislative clerk of the
house
of representatives shall make an index to the journal kept by him
THE CLERK, and an
index of its appendix, and deliver them to the printer, who shall print them
at the end of the proper volumes. The clerk of the senate and the
legislative
clerk of the house of representatives shall make an index to the recorded
journal and deliver it to the secretary of state OHIO
HISTORICAL SOCIETY, who WHICH shall preserve it with
the recorded journal.
Sec. 101.67. The clerk of the senate and the legislative clerk of the
house
of representatives shall preserve the papers laid before the house of which
he THE OFFICER
is clerk or legislative clerk, and such of them as are ordered printed
he THE CLERK
shall forthwith deliver to the printer for his THE PRINTER'S use
in printing them. The
clerk of the senate and legislative THE clerk of the house of
representatives
shall read and correct the proofs of papers ordered to be printed by either
house. The printer shall immediately print five hundred copies thereof. Each
executive officer shall receive one copy, and the state librarian five copies,
which he THE STATE LIBRARIAN shall preserve.
Sec. 101.69. All money collected by the senate clerk's office from the sale
of flags, insignia, seals, frames for resolutions, and similar items shall be
deposited in the state treasury to the credit of the senate miscellaneous
sales fund, which is hereby created. Money credited to the fund shall be used
solely to pay costs of procuring such items. Any costs of procuring such
items in excess of the money available in the fund shall be paid out of the
regular appropriation to the senate.
All money collected by the house executive secretary's office OF THE
CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF REPRESENTATIVES for the sale
of flags, insignia, seals, frames for resolutions, and similar items shall be
deposited in the state treasury to the credit of the house miscellaneous sales
fund, which is hereby created. Money credited to the fund shall be used
solely to pay costs of procuring such items. Any costs of procuring such
items in excess of the money available in the fund shall be paid out of the
regular appropriation to the house OF REPRESENTATIVES.
Sec. 102.09. (A) The secretary of state and the county
board of elections shall furnish, to each candidate for elective
office who is required to file a financial disclosure statement
by section 102.02 of the Revised Code, a financial disclosure
form, and shall notify the appropriate ethics commission, within
fifteen days of the name of the candidate, and of the subsequent
withdrawal, disqualification, or death of the candidate. The
candidate shall acknowledge receipt of the financial disclosure
form in writing.
(B) The secretary of state and the county board of
elections shall furnish to each person who is appointed to fill a
vacancy for an unexpired term in an elective office, and who is
required to file a financial disclosure statement by section
102.02 of the Revised Code, a financial disclosure form, and
shall notify the appropriate ethics commission within fifteen
days of being notified by the appointing authority, of the name
and position of the public official and the date of appointment.
The person shall acknowledge receipt of the financial disclosure
form in writing.
(C) The public agency or appointing authority that
employs, appoints, or promotes any public official or employee
who, as a result of such employment, appointment, or promotion,
is required to file a financial disclosure statement by section
102.02 of the Revised Code, shall, within fifteen days of the
employment, appointment, or promotion, furnish the public
official or employee with a financial disclosure form, and shall
notify the appropriate ethics commission of the name and position
of the public official or employee and the date of employment,
appointment, or promotion. The public official or employee shall
acknowledge receipt of the financial disclosure form in writing.
(D) The clerk of the senate and executive secretary THE CHIEF
ADMINISTRATIVE OFFICER of the house of representatives shall distribute to
every member of his THE CLERK'S OR CHIEF ADMINISTRATIVE
OFFICER'S respective house prior to the first day of February a copy of
the
form for filing the financial disclosure statement under section
102.02 of the Revised Code. The member shall acknowledge his
receipt OF THE FORM in writing.
(E) Within fifteen days after any public official or
employee begins the performance of his official duties, the
public agency with which he THE OFFICIAL OR EMPLOYEE serves or
the appointing authority
shall furnish him THE OFFICIAL OR EMPLOYEE a copy of Chapter
102. and section 2921.42 of
the Revised Code, and may furnish such other materials as the
appropriate ethics commission prepares for distribution. The
official or employee shall acknowledge their receipt in writing.
The requirements of this division do not apply at the time of
reappointment or reelection.
Sec. 103.15. At the close of each second regular session of the general
assembly, the clerk of the senate and the legislative clerk of the
house of
representatives shall deliver to the director of the Ohio legislative service
commission copies of all bills, joint resolutions, important petitions,
memorials, and other legislative document DOCUMENTS passed or
presented during each
session of the general assembly.
Sec. 105.61. (A) As used in this
section, "elected officials" means all of the following:
(1) The chief justice and justices of the supreme court, judges of courts
of appeals and common pleas courts, and all other judges of courts of
record;
(2) The governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, and attorney general;
(3) Clerks of the courts of common pleas, county auditors, county
commissioners, county coroners, county engineers, county recorders, county
treasurers, prosecuting attorneys, and sheriffs;
(4) Township trustees and clerks.
(B) The elected officials compensation
commission created under section 105.62 of the
Revised Code shall periodically evaluate the
salaries and duties of elected officials to determine whether the salaries of
elected officials are fair and adequate compensation for the duties they are
required to perform. If the commission determines that these salaries are not
fair and adequate compensation for these duties, it shall recommend necessary
adjustments at the times specified in division
(C) of this section.
(C) Any recommendations that the commission makes to adjust the
salaries of any or all
elected officials shall be filed with the legislative clerk of the
house of
representatives and the clerk of the senate on or after the first day of
January but before the thirtieth day of
September of an odd-numbered year.
Sec. 123.151. (A) As used in this section, "minority
business enterprise" has the meaning given in division (E)(1) of
section 122.71 of the Revised Code.
(B)(1) The director of administrative services shall make
rules in accordance with Chapter 119. of the Revised Code
establishing procedures by which minority businesses may apply to
the equal employment opportunity coordinator for certification as
minority business enterprises.
(2) Any minority business enterprise that desires to bid
on a contract under division (C)(1) or (D)(1) of this section or
to be a minority business subcontractor or materialman
MATERIALS SUPPLIER under
division (C)(2) or (D)(2) of this section shall first apply to
the coordinator for certification. The coordinator shall approve
the application of any minority business enterprise that complies
with the rules adopted under this division. Any person adversely
affected by an order of the coordinator denying certification as
a minority business enterprise may appeal as provided in Chapter
119. of the Revised Code. The coordinator shall prepare and
maintain a list of certified minority business enterprises.
(C)(1) From the contracts to be awarded under section
123.15 and Chapter 153. of the Revised Code, the director shall
select a number of contracts with an aggregate value of
approximately five per cent of the total estimated value of
contracts to be awarded in the current fiscal year. The director
shall set aside the contracts so selected for bidding by minority
business enterprises only. The bidding procedures for such
contracts shall be the same as for all other contracts awarded
under section 123.15 and Chapter 153. of the Revised Code except
that only minority business enterprises certified and listed
under division (B) of this section shall be qualified to submit
bids.
(2)(a) Any contractor awarded a contract authorized by
section 123.15 and Chapter 153. of the Revised Code or a contract
included under division (D) of this section shall make every
effort to ensure that certified minority business subcontractors
and materialmen MATERIALS SUPPLIERS participate in the contract.
In
the case of
contracts specified in division (A) of section
153.50 of the Revised Code, the total value of
subcontracts
awarded to and materials and services purchased from minority
businesses shall be at least ten per cent of the total value of
the contract, wherever possible and whenever the contractor
awards subcontracts or purchases materials or services. In the
case of all other contracts, the total value of subcontracts
awarded to certified minority businesses shall equal at least
five per cent of the total value of the contract. The total
value of both the subcontracts awarded to and the purchases of
materials made from such businesses shall equal at least ten per
cent of the total value of the contract, wherever possible and
whenever the contractor awards subcontracts or purchases
materials or services.
(b) Except as provided in divisions (C)(3) and (4) of this
section, the department of administrative services shall not
enter into any contract authorized under section 123.15 and
Chapter 153. of the Revised Code, including any contract set
aside under division (C)(1) of this section, unless the contract
contains a provision stipulating that the contractor, to the
extent that it subcontracts work, will award subcontracts
totaling no less than five per cent of the total value of the
contract to minority businesses certified under division (B) of
this section and that the total value of both the materials
purchased from minority businesses certified under division (B)
of this section and of the subcontracts awarded, to the extent
that it subcontracts work, to such minority businesses will equal
at least seven per cent of the total value of the contract;
except that in the case of contracts specified in division (A) of section
153.50 of the Revised Code,
the
contractor
shall stipulate that the total value of both the subcontracts
awarded to and the materials and services purchased from minority
businesses certified under division (B) of this section will
equal at least seven per cent of the total value of the contract;
but for the purposes of meeting the seven per cent requirement,
the value of services shall not be more than five per cent of the
total value of the contract. To the extent that the contractor
subcontracts work less than the percentages required to be
subcontracted to minority business enterprises as established in
this section, the total value of the subcontracts awarded to
minority business enterprises certified under division (B) of
this section need not exceed the actual amount of such
subcontracts awarded.
(3) Where a contractor is unable to agree to the provision
required by division (C)(2) of this section because, having made
a good faith effort, the contractor is unable to locate
qualified minority
businesses available to accept subcontracts or sell materials or
services, the contractor may apply to the coordinator and the
set aside
review board created under division (C)(4) of this section for a
waiver or modification of the provision. The coordinator shall
review the application and shall make a recommendation to the
board to allow or disallow the request. After receipt of the
coordinator's recommendation, the board shall review the request.
If the board finds that the contractor has made a good faith
effort to locate and reach agreement with minority business
subcontractors and materialmen MATERIALS SUPPLIERS or service
providers but has been
unable to do so due to circumstances beyond the reasonable
control of the contractor, it may authorize the contract to
include, in lieu of the provision required by division (C)(2) of
this section, a provision stipulating a lesser percentage of the
total value of the contract to be designated for minority
business subcontractors and materialmen MATERIALS SUPPLIERS or
it
may waive such
provision entirely, or stipulate a higher percentage of services
permissible in contracts specified in division (A)
of section 153.50 of the Revised Code. If the board
does not
grant the contractor's application for waiver or modification,
and if the contractor is unable to agree with the provision
required by division (C)(2) of this section, the contractor's bid
shall be deemed nonresponsive to the specifications for which the
bid was submitted. Such nonresponsiveness shall not be a basis
for forfeiture of a bid guaranty or bond required by law if the
contractor made application to the board for a waiver or
modification within ten days following notification of award of
the contract.
If a contractor requests a waiver or modification because
the contractor intends to contract with an enterprise that
has sought
certification as a minority business enterprise in accordance
with division (B)(2) of this section, but the coordinator has not
rendered a decision certifying the enterprise, the board may
grant the modification or waiver requested, insofar as it applies
to that enterprise, if the enterprise's application for
certification was filed with the coordinator at least sixty days
prior to the contractor's request for waiver or modification and
the contractor gives assurances satisfactory to the board that
the contractor will award a contract to the enterprise seeking
certification.
(4) There is hereby created in the department of
administrative services the set aside review board, consisting of
the director of administrative services or the director's
designee, one
member of the house of representatives appointed by the governor
with the recommendation of the speaker of the house of
representatives, and one member of the senate appointed by the
governor with the recommendation of the president of the senate.
Legislative members of the board shall serve four-year terms.
Any legislative vacancy on the board shall be filled in the same
manner as the original appointment. Members of the board shall
not receive compensation but shall be reimbursed for all
necessary expenses incurred in the course of their official
duties.
The board shall hear all applications of contractors for
waiver or modification of the contract provision required by
division (C)(2) of this section and shall make a decision on each
such application within thirty days of its receipt by the board.
(5) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code requiring the following notice
to be included in boldface type and capital letters in all bid
notifications and specifications for any contract authorized
under section 123.15 and Chapter 153. of the Revised Code and in
any contract covered by division (D) of this section: "Minority
business set-aside requirements as specified in section 123.151
of the Revised Code apply to this project. Copies of section
123.151 of the Revised Code can be obtained from any of the
offices of the department of administrative services." The rules
shall specify the number of days after the date on which bids are
opened by which the successful bidder shall notify the
contracting agency concerning the provisions the bidder has
made or
reasonably can be expected to make for meeting the provisions of
division (C)(2) of this section.
(D)(1) To the extent that any state agency, other than the
department of administrative services, and any port authority is
authorized to enter into contracts for construction, the agency
shall set aside a number of contracts the aggregate value of
which equals approximately five per cent of the aggregate value
of construction contracts for the current fiscal year for bidding
by minority business enterprises only. The bidding procedures
for the contracts set aside for minority business enterprises
shall be the same as for all other contracts awarded by the
agency or port authority, except that only minority business
enterprises certified and listed under division (B) of this
section shall be qualified to submit bids.
(2) All contracts for construction entered into by any
state agency, other than the department of administrative
services, and any port authority including contracts set aside
under division (D)(1) of this section, shall contain the same
provision required by division (C)(2) of this section, subject to
modification or waiver by the set aside review board in the
manner specified by divisions (C)(3) and (4) of this section.
The rules of the director adopted under division (C)(5) of this
section shall be applicable to contracts under this division.
(E) In the case of contracts set aside under division
(C)(1) or (D)(1) of this section, if no bid is submitted by a
minority business enterprise, the contract shall be awarded
according to normal bidding procedures. The contracting agency
or port authority shall from time to time set aside such
additional contracts for bidding only by minority business
enterprises as are necessary to replace those contracts
previously set aside on which no minority business enterprises
bid and to ensure that, in any fiscal year, the aggregate amount
of construction contracts awarded to minority business
enterprises will equal approximately five per cent of the total
amount of construction contracts awarded by the agency or port
authority.
(F) This section does not preclude any minority business
enterprise from bidding on any other contract not specifically
set aside for minority business enterprises.
(G) No funds of any state agency or port authority shall
be expended in any fiscal year for construction until the
director of administrative services certifies or the
chairperson of the port authority, whichever is appropriate, CERTIFIES
to the
equal
employment opportunity coordinator, the clerk of the senate, and
the legislative clerk of the house of representatives that
approximately five per cent of the aggregate amount of the
projected expenditure for construction in the fiscal year has
been set aside as provided for in this section.
(H) The department of administrative services, every other
state agency authorized to enter into contracts for construction
or contracts for purchases of equipment, materials, supplies,
contracts of insurance, or services, and every port authority
shall file a report every ninety days with the equal employment
opportunity coordinator. The report shall be filed at a time and
in a form prescribed by the coordinator. The report shall
include the name of each minority business enterprise that the
agency or port authority entered into a contract with during the
preceding ninety-day period and the total value and type of each
such contract. No later than thirty days after the end of each
fiscal year, the coordinator shall notify in writing each state
agency and port authority that has not complied with the
reporting requirements of this division for the prior fiscal
year. A copy of this notification regarding a state agency shall
be submitted to the director of budget and management. No later
than thirty days after the notification, the agency or port
authority shall submit to the coordinator the information
necessary to comply with the reporting requirements of this
division. If, after the expiration of this thirty-day period,
the agency has not complied with the reporting requirements of
this division, the coordinator shall certify to the director of
budget and management that the agency has not complied with the
reporting requirements of this division. A copy of this
certification shall be submitted to the agency. Thereafter, no
funds of the state agency required to report by this division
shall be expended during the fiscal year for construction or
purchases of equipment, materials, supplies, contracts of
insurance, or services until the coordinator certifies to the
director of budget and management that the agency has complied
with the reporting requirements of this division for the prior
fiscal year.
If any port authority has not complied with the reporting
requirement after the expiration of the thirty-day period, the
coordinator shall certify to the speaker of the house of
representatives and the president of the senate that the port
authority has not complied with the reporting requirements of
this division. A copy of this certification shall be submitted
to the port authority. Upon receipt of the certification, the
speaker of the house of representatives and the president of the
senate shall take such action or make such recommendations to the
members of the general assembly as they consider necessary to
correct the situation.
(I) Any person who intentionally misrepresents himself or herself
SELF as
owning, controlling, operating, or participating in a minority
business enterprise for the purpose of obtaining contracts,
subcontracts, or any other benefits under this section shall be
guilty of theft by deception as provided for in section 2913.02
of the Revised Code.
Sec. 124.18. (A) Forty hours shall be the standard work week
for all employees whose salary or wage is paid in whole or in
part by the state or by any state-supported college or
university. When any employee whose salary or wage is paid in
whole or in part by the state or by any state-supported college
or university is required by an authorized administrative
authority to be in an active pay status more than forty hours in
any calendar week, the employee shall be compensated for such
time over
forty hours, except as otherwise provided in this section, at one
and one-half times the employee's regular rate of pay. The use of sick
leave shall not be considered to be active pay status for the purposes of
earning overtime or compensatory time by employees whose wages are paid
directly by warrant of the auditor of state. A flexible-hours
employee is not entitled to compensation for overtime work unless
the employee's authorized administrative authority required
the employee to be in
active pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any
day in the same calendar week.
The authorized administrative authority shall be designated
by the appointing authority to the director of administrative
services. Such compensation for overtime work shall be paid no
later than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in
lieu of overtime pay, for any overtime worked, such compensatory
time shall be granted by the employee's administrative
superior, on a time
and one-half basis, at a time mutually convenient to the employee
and the administrative superior. An employee may accrue
compensatory time to a maximum of two hundred forty hours, except
that public safety employees and other employees who meet the
criteria established in the "Federal Fair Labor Standards Act of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may
accrue a maximum of four hundred eighty hours of compensatory
time. An employee shall be paid at the employee's regular
rate of pay for
any hours of compensatory time accrued in excess of these maximum
amounts if the employee has not used the compensatory time within
one hundred eighty days after it is granted, if the employee
transfers to another agency of the state, or if a change in the
employee's status exempts the employee from the payment of
overtime
compensation. Upon the termination of employment, any employee
with accrued but unused compensatory time shall be paid for that
time at a rate that is the greater of the employee's final
regular rate of pay or the employee's average regular rate of pay
during the employee's last three years of employment with
the state.
No overtime, as described in this section, can be paid
unless it has been authorized by the authorized administrative
authority. Employees may be exempted from the payment of
compensation as required by this section only under the criteria
for exemption from the payment of overtime compensation
established in the "Federal Fair Labor Standards Act of 1938," 52
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval
of the director of administrative services, the appointing
authority may establish a policy to grant compensatory time or to
pay compensation to state employees who are exempt from overtime
compensation. With the approval of the board of county commissioners, a
county human services department may establish a policy to grant compensatory
time or to pay compensation to employees of the department who are exempt from
overtime compensation.
(B) An employee, whose salary or wage is paid in whole or in
part by the state, shall be paid for the holidays declared in
section 124.19 of the Revised Code and shall not be required to
work on such holidays, unless in the opinion of the employee's
responsible administrative authority failure to work on such
holidays would impair the public service. An employee shall not be paid
for a holiday unless the employee was in active pay status on the scheduled
work day
immediately preceding the holiday. In the event that any
of the holidays declared in section 124.19 of the Revised Code
should fall on Saturday, the Friday immediately preceding shall
be observed as the holiday. In the event that any of the
holidays declared in section 124.19 of the Revised Code should
fall on Sunday, the Monday immediately succeeding shall be
observed as the holiday. If an employee's work schedule is other
than Monday through Friday, the employee shall be entitled to
holiday pay
for holidays observed on the employee's day off regardless
of the day of the
week on which they are observed. A full-time permanent employee
is entitled to eight hours of pay for each holiday regardless of
the employee's work shift and work schedule. A flexible-hours employee
is
entitled to holiday pay for the number of hours for which the
employee normally would have been scheduled to work. Part-time permanent
employees shall be paid holiday pay for that portion of any
holiday for which they would normally have been scheduled to
work. When an employee who is eligible for overtime pay under
this section is required by the employee's responsible
administrative
authority to work on the day observed as a holiday, the
employee shall be
entitled to pay for such time worked at one and one-half times
the employee's regular rate of pay in addition to the
employee's regular pay, or to be
granted compensatory time off at time and one-half thereafter, at
the employee's option. Payment at such rate shall be excluded in
the calculation of hours in active pay status.
(C) Each appointing authority may designate the number of
employees in an agency who are flexible-hours employees. The
appointing authority may establish for each flexible-hours
employee a specified minimum number of hours to be worked each
day that is consistent with the "Federal Fair Labor Standards Act
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
(D) This section shall be uniformly administered for employees as defined in
section 124.01 of the Revised Code and by the personnel
departments of state-supported colleges and universities for
employees of state-supported colleges and universities. If employees are
not paid directly by warrant of the auditor of state, the political
subdivision
shall determine whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or compensatory
time.
(E) Policies relating to the payment of overtime pay or the
granting of compensatory time off shall be adopted by the
executive secretary CHIEF ADMINISTRATIVE OFFICER
of the house of representatives for employees
of the house of representatives, by the clerk of the senate for
employees of the senate, and by the director of the legislative
service commission for all other legislative employees.
(F) As used in this section, "regular rate of pay" means the
base rate of pay an employee receives plus any pay supplements
received pursuant to section 124.181 of the Revised Code.
Sec. 125.081. (A) From the purchases that the department
of administrative services is required by law to make through
competitive selection, the director OF ADMINISTRATIVE SERVICES shall
select a number of such
purchases, the aggregate value of which equals approximately
fifteen per cent of the estimated total value of all such
purchases to be made in the current fiscal year. The director
shall set aside the purchases selected for competition only by
minority business enterprises, as defined in division (E)(1) of
section 122.71 of the Revised Code. The competitive selection
procedures for such purchases set aside shall be the same as for
all other purchases the department is required to make through
competitive selection, except that only minority business
enterprises certified by the equal employment opportunity
coordinator of the department of administrative services in
accordance with the rules adopted under division (B)(1) of
section 123.151 of the Revised Code and listed by the director
under division (B) of section 125.08 of the Revised Code shall be
qualified to compete.
(B) To the extent that any agency of the state, other than
the department of administrative services, the legislative and
judicial branches, boards of elections, and the adjutant general,
is authorized to make purchases, the agency shall set aside a
number of purchases, the aggregate value of which equals
approximately fifteen per cent of the aggregate value of such
purchases for the current fiscal year for competition by minority
business enterprises only. The procedures for such purchases
shall be the same as for all other such purchases made by the
agency, except that only minority business enterprises certified
by the equal employment opportunity coordinator in accordance
with rules adopted under division (B)(1) of section 123.151 of
the Revised Code shall be qualified to compete.
(C) In the case of purchases set aside under division (A)
or (B) of this section, if no bid is submitted by a minority
business enterprise, the purchase shall be made according to
usual procedures. The contracting agency shall from time to time
set aside such additional purchases for which only minority
business enterprises may compete, as are necessary to replace
those purchases previously set aside for which no minority
business enterprises bid and to ensure that, in any fiscal year,
the aggregate amount of contracts awarded to minority business
enterprises will equal approximately fifteen per cent of the
total amount of contracts awarded by the agency.
(D) The provisions of this section shall not preclude any
minority business enterprise from competing for any other state
purchases that are not specifically set aside for minority
business enterprises.
(E) No funds of any state agency shall be expended in any
fiscal year for any purchase for which competitive selection is
required, until the director of the department of administrative
services certifies to the equal employment opportunity
coordinator, the clerk of the senate, and the legislative clerk
of the house of representatives of the general assembly that
approximately fifteen per cent of the aggregate amount of the
projected expenditure for such purchases in the fiscal year has
been set aside as provided for in this section.
(F) Any person who intentionally misrepresents himself SELF as
owning, controlling, operating, or participating in a minority
business enterprise for the purpose of obtaining contracts,
subcontracts, or any other benefits under this section shall be
guilty of theft by deception as provided for in section 2913.02
of the Revised Code.
Sec. 125.31. (A) The department of administrative services
shall have supervision of all public printing except as
follows:
(1) Printing for the general assembly shall be under the
supervision of the clerk of the senate and the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house of representatives.
(2) Printing for the Ohio arts council
shall be under the supervision of the council.
(3) Printing for the capitol square review and
advisory board shall be under the supervision of the board.
(4) Printing for the bureau of workers' compensation
shall be under the supervision of the administrator of workers'
compensation unless the administrator requests the department to
supervise printing for the bureau.
(5) Printing for state-supported institutions of higher education shall
be under the supervision of the department of purchasing of each
such institution or the department or officer within each
institution that performs the functions of a department of
purchasing.
(B) The department of administrative services shall determine,
except as otherwise specifically
provided by law, the number of copies to be printed of each
publication or document, the source of reproduction, the manner
of binding, THE quality of paper, AND the general kind, size,
and spacing of type to be used in all reports, publications, bulletins,
documents, or pamphlets printed at public expense.
The department shall not use its
authority to curtail the release of public information by any
elected state official.
(C) For the purposes of sections 125.31 to 125.76 of the
Revised Code, all functions, powers, and duties assigned to the
department of administrative services are considered to be
assigned to the division of state printing within the department
of administrative services.
Sec. 125.42. (A) No officer, board, or commission, except the clerk
of the senate and the executive secretary CHIEF ADMINISTRATIVE
OFFICER of the house of representatives as to first and
second class printing, shall print or cause to be printed at the public
expense, any report, bulletin, document, or pamphlet, unless such report,
bulletin, document, or pamphlet is first submitted to, and the printing
thereof approved by, the department of administrative services. If such
department approves the printing, it shall determine the form of such printing
and the number of copies.
If such approval is given, the department shall cause the same to be printed
and bound as provided by sections 125.47 to 125.56 of the Revised Code, except
as otherwise provided by section 125.45 of the Revised Code; and when printed,
such publications or forms shall be delivered to the ordering officer, board,
commission, or department, or sold at a price not to exceed the total cost.
(B) The department of administrative services annually shall set
a maximum cost per page and a maximum total cost for the printing by any
board, commission, council, or other public body of the state of any annual
report or any other report that it is required by law to produce. No board,
commission, council, or other public body of the state shall expend or incur
the expenditure of any amount in excess of these maximum amounts without the
prior approval of the department. This division does not apply to the general
assembly or any court.
Sec. 125.58. The department of administrative services shall promptly notify
each successful bidder of the acceptance of his THE BIDDER'S
proposal for state printing. If such bidder fails to execute his
THE contract because of death or other cause,
or if he THE BIDDER fails to execute the work required by
his THE contract in a proper manner
and with reasonable promptness, or his THE contract is
abandoned, or its execution
is temporarily suspended, the department may enter into a contract with
another person for the prompt execution of the work for the lowest price which
may be obtained. Before any work is relet in consequence of the misconduct or
default of the contractor, the department shall give him THE
CONTRACTOR written notice thereof. The department of administrative
services or, the clerk of the senate, or the executive
secretary CHIEF ADMINISTRATIVE OFFICER of the house of
representatives may set a daily penalty charge for late orders, provided the
penalty schedule and amount are stated in the invitation to bid for
said THE printing.
Sec. 125.59. The journals of the two houses of the general assembly shall be
printed in the form specified in the invitation to bid, provided there is no
unnecessary spacing, or blank or broken lines on pages. The number of copies
specified by the clerk of the senate and the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house
of representatives, not to exceed one thousand total, shall be printed daily
during each session of the general assembly, bound in pamphlet form without
covers, and the portion of the journal of the senate shall precede the portion
of the journal of the house of representatives in each pamphlet.
Sec. 125.60. Each day the number of copies ordered shall be delivered to the
clerk of the senate and the executive secretary CHIEF ADMINISTRATIVE
OFFICER of the house of
representatives on or before the time specified. The composition used in
printing the daily journals shall be retained for use in the final journals.
Sec. 127.16. (A) Upon the request of either a state
agency or the director of budget and management and after the
controlling board determines that an emergency or a sufficient
economic reason exists, the controlling board may approve the
making of a purchase without competitive selection as provided in
division (B) of this section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would amount to fifty thousand dollars or more when combined with
both the amount of all disbursements to the supplier during the
fiscal year for purchases made by the agency and the amount of
all outstanding encumbrances for purchases made by the agency
from the supplier, unless the purchase is made by competitive
selection or with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier during the fiscal year for real estate leases made by
the agency and the amount of all outstanding encumbrances for
real estate leases made by the agency from the supplier, unless
the lease is made by competitive selection or with the approval
of the controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider
agreements under disability assistance medical assistance
established under Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records of the amounts of money spent under each contract and
annually files those records with the legislative clerk of the
house of representatives and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mines and reclamation to contract for reclamation work with an operator
mining adjacent land as provided in section 1513.27 of the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board the name of any person with whom the agency contracts to
make, broker, service, or otherwise manage its investments, as
well as the commission, rate, or schedule of charges of such
person with respect to any investment transactions to be
undertaken on behalf of the agency. The filing shall be in a
form and at such times as the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to persons with disabilities, or to purchases made by the
commission in connection with the eligibility determinations it
makes for applicants of programs administered by the social
security administration;
(9) Applying to payments by the department of human
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the state government;
(11) Applying to agreements entered into under section
5101.11, 5101.21, or 5101.211 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
department or, on and after July 1, 1997, the division of liquor control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets, newspapers, maintenance subscriptions, and other
published materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental protection to enter into contracts under division
(D) of section 3745.14 of the Revised Code to conduct compliance
reviews, as defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency pursuant to sections 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of human
services to the United States department of health and human
services for printing and mailing notices pertaining to the tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of mental retardation and developmental disabilities under
sections 5123.18, 5123.182, and 5111.252 of the Revised Code;
(28) Applying to payments made by the department of mental health under a
physician recruitment program authorized by section 5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the director of commerce for unclaimed funds collection and
remittance efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of unclaimed funds collected by those
persons and amounts paid to them for their services.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the cumulative purchase thresholds established in divisions
(B)(1), (B)(2), and (E) of this section, all of the following
purchases by such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section, "competitive selection,"
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 129.52. An amount of money in the improvements bond
retirement fund created by Section 2f of Article VIII, Ohio
Constitution, sufficient to pay all interest, principal, and
charges for the issuance and retirement of bonds or other
obligations issued pursuant to Section 2f of Article VIII, Ohio
Constitution, and section 129.50 of the Revised Code, due and
payable during that calendar year, is hereby pledged and
appropriated for that purpose.
Whenever on the first day of any calendar quarter or if on
receipt of the proceeds of the sale of bonds or other obligations
to be used to retire outstanding bonds or other obligations,
there are sufficient moneys to the credit of the improvements
bond retirement fund created by Section 2f of Article VIII, Ohio
Constitution, to meet in full all requirements of interest,
principal, and charges for the issuance and retirement of bonds
or other obligations issued pursuant to Section 2f of Article
VIII, Ohio Constitution, and section 129.50 of the Revised Code,
due and payable during the then current calendar year and to
provide the necessary accruals during such year for such
requirements for the next succeeding calendar year, the
commissioners of the sinking fund shall make a certification of
such fact to the clerk of the senate, the executive secretary CHIEF
ADMINISTRATIVE OFFICER of
the house of representatives, and the treasurer of state,
together with the amount of moneys in such bond retirement fund
in excess of such requirements and accruals thereon to be paid
from that fund. The treasurer of state shall transfer and expend
moneys in excess of the amount so required to be retained in the
improvements bond retirement fund created by Section 2f of
Article VIII, Ohio Constitution, at such times and as may be
provided by law.
Sec. 129.56. Upon the payment in full of all interest, principal, and charges
for the issuance and retirement of all bonds and other obligations issued
pursuant to Section 2f of Article VIII, Ohio Constitution, and section
129.50
of the Revised Code, the commissioners of the sinking fund shall make a
certification of such fact to the clerk of the senate, the executive
secretary CHIEF ADMINISTRATIVE OFFICER
of the house of representatives, and the treasurer of state.
Sec. 129.64. Upon the payment in full of all interest, principal, and charges
for the issuance and retirement of all bonds and notes issued pursuant to
Section 2h of Article VIII, Ohio Constitution, and section 129.60 of the
Revised Code, the commissioners of the sinking fund shall make a certification
of such fact to the clerk of the senate, the executive secretary
CHIEF ADMINISTRATIVE OFFICER of the house
of representatives, and the treasurer of state.
Sec. 149.091. The secretary of state shall publish and
distribute a maximum of nine hundred copies of the session laws
in permanently bound form, either annually or biennially. The
permanently bound volumes shall contain copies of all enrolled
acts and joint resolutions, and shall contain a subject index and
a table indicating Revised Code sections affected. The secretary
of state shall cause to be printed in each volume his THE SECRETARY
OF STATE'S certificate
that the laws, as assembled therein, are true copies of the
original enrolled bills in his THE SECRETARY OF STATE'S office.
The secretary of state shall distribute the permanently
bound volumes of the session laws in the following manner:
(A) One hundred nine copies shall be forwarded to the
legislative clerk of the house of representatives.
(B) Forty-three copies shall be forwarded to the clerk of
the senate.
(C) One copy shall be forwarded to each county auditor.
(D) One copy shall be forwarded to each county law
library.
(E) Seventy-five copies shall be forwarded to the Ohio
supreme court.
(F) Two copies shall be forwarded to the division of the
library of congress.
(G) Two copies shall be forwarded to the state library.
(H) Two copies shall be forwarded to the Ohio historical
society.
(I) Thirteen copies shall be forwarded to the legislative
service commission.
(J) Two hundred copies may be distributed, free of charge,
to public officials.
(K) Remaining copies may be sold by the secretary of state
at a price to be determined by the department of administrative
services, but such selling price shall not exceed by ten per cent
the cost of publication and distribution.
Sec. 149.17. Highway maps shall be published by the state
and shall be officially designated as "Highway Maps of Ohio."
The director of transportation may designate the improved roads
by color, and revise such maps from time to time as the
improvement of the roads may justify.
The director shall secure a copyright of the said maps from
time to time when so published. The director may distribute the
first edition of these maps, which has been published as a
bulletin of the department of transportation, as follows: to
each county commissioner, county auditor, and county engineer,
one copy; to the director for distribution among those who
gratuitously helped in preparing maps, one hundred fifty copies;
for distribution among the several state departments, three
hundred copies; to the state library, one hundred copies; to each
newspaper correspondent of the general assembly, one copy; to the
clerk of the senate and TO the legislative clerk and
executive secretary THE CHIEF ADMINISTRATIVE OFFICER of the
house of representatives, one copy each; to each
sergeant at arms, of the senate and of the house of
representatives, one copy; the remaining copies to be equally
divided among the members of the general assembly.
Sec. 164.11. (A) The issuer shall, on or before the
fifteenth day of January of each calendar year, certify to the
office of budget and management the total amount of moneys
required during that calendar year to meet in full all payments
of bond service charges and financing costs due and payable in
that calendar year on outstanding obligations, the principal
amount of notes and any financing costs which are to be paid from
the proceeds of the bonds anticipated or of renewal notes issued
pursuant to section 164.09 of the Revised Code, and the balance
required to be otherwise provided.
(B) When the moneys to the credit of the bond service fund
are sufficient to provide for payment of the balance required as
stated in the certificate provided for in division (A) of this
section, the issuer shall certify such fact to the office of
budget and management.
(C) If and so long as the moneys to the credit of the bond
service fund are insufficient to meet in full all payments of the
balance required as stated in the certificate provided for in
division (A) of this section, the issuer shall at such times as
provided in the bond proceedings, and in any event within ten
days prior to the date any such payments are due, certify to the
office of budget and management the total amount of such bond
service charges, the amount of moneys to the credit of the bond
service fund, and the amount of additional money necessary to be
credited to the bond service fund to meet in full the payment of
such bond service charges when due.
(D) If upon the certification provided for in division (A)
or (C) of this section, or if on presentation of obligations for
payment of bond service charges when due, there are insufficient
moneys in the bond service fund for payment of bond service
charges and costs of credit facilities as so certified, the
issuer shall, upon consultation with the director of budget and
management, transfer a sufficient amount to the bond service fund
from the undistributed receipts derived from all fees, taxes,
excises, and other receipts of the state, except fees, excises,
or taxes relating to the registration, operation, or use of
vehicles on the public highways, or to fuels used for propelling
such vehicles, which excises and taxes, other than those
excepted, are and shall be deemed to be levied, in addition to
the purposes otherwise provided for by law, to provide in
accordance with sections 164.09 to 164.12 of the Revised Code and
the bond proceedings for the payment of bond service charges and
costs of credit facilities. The levy and collection of such
excises and taxes and their application to the payment of the
bond service charges and costs relating to credit facilities, as
provided by this section, shall continue and is hereby covenanted
with the holders of such obligations and providers of credit
facilities to be continued so long as such obligations are
outstanding.
(E) The general assembly may from time to time repeal or
reduce any fee, excise, or tax pledged pursuant to
Section 2k or 2m of
Article VIII, Ohio Constitution, to the payment of the bond
service charges, and may levy any new or increased fee, excise,
or tax to meet the pledge to the payment of bond service charges
on outstanding obligations of the state's full faith and credit,
revenues, and taxing power, except fees, excises, or taxes
relating to the registration, operation, or use of vehicles on
the public highways, or to fuels used for propelling such
vehicles. Nothing in this division authorizes any impairment of
the obligation of this state to levy and collect sufficient fees,
excises, and taxes to pay bond service charges on obligations
outstanding in accordance with their terms.
(F) Upon the payment or provision for payment in full of
all bond service charges on all obligations in accordance with
their terms, the issuer shall certify such fact to the clerk of
the senate, the legislative clerk of the house of
representatives, the office of budget and management, and the
commissioners of the sinking fund. Upon making such
certification the issuer shall transfer all moneys then remaining
to the credit of the bond service fund, and not needed for the
purpose of paying bond service charges, to the general revenue
fund.
Sec. 1555.14. Upon the payment in full of all interest, principal, and
charges for the retirement of all obligations issued pursuant to Section 15 of
Article VIII, Ohio Constitution, and section 1555.08 of the Revised Code, the
commissioners of the sinking fund shall make a certification of such fact to
the clerk of the senate, the legislative clerk of the house of
representatives, and the treasurer of state.
Upon receipt of such certification the treasurer of state shall transfer all
moneys then remaining to the credit of the coal research and development bond
service fund to the general revenue fund.
Sec. 2331.11. The following persons are privileged from
arrest:
(A) Members, the executive secretary CHIEF ADMINISTRATIVE
OFFICER of the house OF REPRESENTATIVES, the
legislative clerk of the house OF REPRESENTATIVES, clerks,
sergeants at arms, doorkeepers, and messengers of the senate and house of
representatives, during the sessions of the general assembly, and
while traveling to and from such sessions, allowing one day for
every twenty-five miles of the distance, by the route most
usually traveled; whoever arrests such a person in violation of
this division shall pay one hundred dollars, to be recovered by
civil action, in the name and for the use of the person injured;
(B) Electors, while going to, returning from, or in
attendance at elections;
(C) Judges of the courts, while attending court, and also
during the time necessarily employed in going to, holding, and
returning from the court which it is their duty to attend;
(D) Attorneys, clerks of courts, sheriffs, coroners,
constables, criers, suitors, jurors, and witnesses, while going
to, attending, or returning from court;
(E) Israelites and such other persons as religiously
observe the last or any other day of the week as a day of
worship, on such day, within, going to, or returning from their
places of worship, or during the time of service, and while going
to or returning therefrom;
(F) A person doing militia duty under the order of such
person's commanding officer or while going to or returning from
the place of duty or parade.
Sec. 3317.09. All moneys distributed to a school district,
including any cooperative education or joint vocational
school district and all moneys distributed to any educational service
center, by the state whether from a state or federal
source, shall be accounted for by the division of school finance
of the department of education. All moneys distributed shall be
coded as to county, school district or educational service center,
source, and other pertinent
information, and at the end of each month, a report of such
distribution shall be made by such division of school finance to
the clerk of the senate and the executive secretary CHIEF
ADMINISTRATIVE OFFICER of the house
of representatives, to the Ohio legislative service commission to
be available for examination by any member of either house, to
each school district and educational service center, and to the
governor.
On or before the first day of September in each year, a
copy of the annual statistical report required in sections
3319.33 and 3319.34 of the Revised Code shall be filed by the
state board of education with the clerk of the senate and the
executive secretary CHIEF ADMINISTRATIVE OFFICER of the house of
representatives, the Ohio
legislative service commission, the governor, and the auditor of
state. The report shall contain an analysis for the prior fiscal
year on an accrual basis of revenue receipts from all sources and
expenditures for all purposes for each school district and each educational
service center, including
each joint vocational and cooperative education school district,
in the state. If any board of education or any educational service center
governing board fails to make the report
required in sections 3319.33 and 3319.34 of the Revised Code, the
superintendent of public instruction shall be without authority
to distribute funds to that school district or educational service
center pursuant to sections 3317.022 to 3317.0212,
3317.11, 3317.16, 3317.17, or 3317.19 of the
Revised Code until such time as the required reports are filed
with all specified officers, boards, or agencies.
Sec. 5117.12. (A) On or before the thirty-first day of
August of each year, each energy company shall file a written
report with the tax commissioner regarding the impact, if any, of
the requirements of division (E) of section 5117.11 of the
Revised Code on the number of uncollectible and past due
residential accounts for the twelve-month period ending on the
preceding thirty-first day of July. The report shall include
such information as is prescribed by the tax commissioner. The
information shall be based on actual reviews of residential
customer accounts and shall be presented in verifiable form. The
tax commissioner may consult with the public utilities commission
and the consumers' counsel in prescribing the contents of such
reports and complying with the requirements of division (C)(4) of
this section.
(B) Before the thirty-first day of January of each year,
the tax commissioner shall prepare a written report including a
final review of the Ohio energy credit program for which
applications were required to be mailed or provided by the
fifteenth day of June of the second preceding calendar year
pursuant to section 5117.03 of the Revised Code and an interim
review of the program for which applications were required to be
mailed or provided by the fifteenth day of June of the preceding
calendar year under such section. On or before the thirty-first
day of January of each year, the commissioner shall provide
written copies of such report to the speaker of the house of
representatives, president of the senate, minority leaders of the
house of representatives and senate, chairpersons of
the house finance-appropriations FINANCE AND APPROPRIATIONS
committee and senate finance committee,
chairpersons of the committees of the house of representatives and
senate customarily entrusted with matters concerning public
utilities, legislative clerk of the house OF REPRESENTATIVES,
and clerk of the senate.
(C) Each report prepared under division (B) of this
section shall include a review of:
(1) Program costs;
(2) The number of persons receiving credits or payments
under the program;
(3) Progress in the implementation of any changes in the
program made by the general assembly within the period covered by
the report;
(4) The impact, if any, of the requirements of division
(E) of section 5117.11 of the Revised Code on the number of
uncollectible and past due residential accounts of energy
companies for the twelve-month period ending on the preceding
thirty-first day of July;
(5) The impact of any federal energy assistance programs
available to the same groups of people as are eligible for the
energy credit program under sections 5117.01 to 5117.12 of the
Revised Code, together with any recommendations on modifications
that may, because of the federal programs, be needed in the
energy credit program;
(6) Any suggestions for improving the program;
(7) Any other matters considered appropriate by the
commissioner.
(D) The tax commissioner shall consult with the auditor of
state, energy companies, energy dealers, department of aging, and
commission on Hispanic-Latino
affairs in the preparation of any
report under this section. The commissioner may require information from such
agencies for the purpose of preparing such report.
Sec. 5119.39. (A) The director of mental health may enter
into agreements with any person, political subdivision, or state
agency for the sale or lease of land or facilities under the
jurisdiction of the director in the following manner:
(1) The director shall designate lands and facilities that
are not needed by the department and are under the jurisdiction
of the department.
(2) The director shall have a preliminary appraisal made
of any lands or facilities designated under division (A) of this
section by a disinterested professional appraiser from the
department of administrative services. The appraiser shall
deliver to the director a signed certificate of the probable
market value of the lands and facilities as determined from the
preliminary appraisal.
(3) The director shall certify to the legislative clerk of
the house of representatives and to the clerk of the senate a
list of all lands and facilities which may be sold or leased, and
shall include with the list the results of the preliminary
appraisals of the lands and facilities, a general description of
the land and facilities, and a description of the current use of
the land and facilities.
(4) Every list of lands and facilities certified by the
director to the legislative clerk of the house of representatives
and to the clerk of the senate under division (A)(3) of this
section, shall immediately be transmitted by the respective
clerks to the committees in the house and the senate to which
land conveyance bills are usually referred. If either committee
files in its clerk's office, within sixty calendar days of the
original certification of the lands and facilities by the
director, a report disapproving the sale or lease of any lands or
facilities, the sale or lease of the lands or facilities
disapproved in the report shall not be made under this section.
With respect to a sale or lease of lands and facilities that has
not been disapproved under this division, the director shall
certify those lands and facilities to the auditor of state.
(5) After certification to the auditor of state under
division (A)(4) of this section, the director of mental health
shall have a formal appraisal made of the lands and facilities by
a disinterested professional appraiser from the department of
administrative services. The director may accept the formal
appraisal or he may reject it and order a new formal appraisal by
a disinterested professional appraiser who shall not be from the
department of administrative services. The director may then
sell or lease the lands or facilities in accordance with this
division and department of administrative services procedures as
set forth in Chapter 123. of the Revised Code. Any such deed or
lease shall be prepared and recorded pursuant to section 5301.13
of the Revised Code. The department of administrative services
shall be the sole agent for the state and shall complete the sale
or lease of the lands or facilities, up to and including the
closing thereof, after the director approves the sale price. The
director and the director of administrative services may, if it
is determined to be in the best interests of the state, agree to
sell surplus land for an amount less than the formal appraised
value but shall not sell any land for less than two-thirds of the
formal appraised value.
(B) Coincident with his THE certification MADE under
division (A)(3) of this section concerning lands which may be sold, the
director shall give written notice of his THE DIRECTOR'S
intention to sell the lands by certified mail to the executive officer of each
county,
township, municipal corporation, and school district within which
the lands are situated. In each notice, the director shall
specify the conditions under which the lands shall be sold,
including whether the lands will be sold as a single unit or sold
in specific parcels that he THE DIRECTOR designates, and shall
solicit from the subdivision offers to purchase the lands in accordance with
the conditions he THE DIRECTOR has specified and at a price
equal to the
preliminary appraised value determined pursuant to division
(A)(2) of this section. If, within thirty days of having
certified the lands to the auditor of state under division (A)(4)
of this section, the director receives from the executive officer
of a subdivision a written offer to purchase the lands at or
above the price specified in his THE DIRECTOR'S original notice
to the officer, provided such offer otherwise complies with the conditions of
purchase specified in his THE DIRECTOR'S original notice, the
director shall forthwith enter into an agreement to sell the lands to the
subdivision. The agreement shall incorporate any and all terms
that are acceptable to both parties and that are consistent with
the terms specified in the director's original notice. If no
offer to purchase is received by the director within the
thirty-day period provided in this division, the director's
original notice shall be considered withdrawn and he THE
DIRECTOR shall be under no obligation to sell any of the lands specified
in the
notice to the subdivision. If two or more offers to purchase the
same parcels of land are received by the director within the
required time period from the executive officers of two or more
subdivisions, the director shall accept the offer or offers to
purchase that he THE DIRECTOR considers to be in the best
interests of the
state and of the department of mental health and shall proceed to
enter into agreements of sale pursuant to this division. If all
of the director's original notices relating to a given parcel of
land become withdrawn, he THE DIRECTOR may thereupon proceed to
sell the parcel as otherwise provided in this section. No subdivision may
commence an action to enforce the provisions of this division, or
to seek any other legal or equitable remedy relative to this
division, with respect to any lands certified to the auditor of
state under division (A)(4) of this section, except within sixty
days of the date on which the lands were so certified.
(C) Any agreement under this section shall be at such
terms as will be in the best interests of the state and the
department of mental health. However, the terms of any agreement
for sale shall include a provision that the purchaser will abide
by any comprehensive plan for the area that has been adopted by
the local government in which the property is located before the
parties enter into the agreement. No lease shall be of a
duration greater than fifteen years. No agreement, except an
agreement entered into under division (B) of this section, shall
be entered into before the proposal to sell or lease the land or
facilities has been advertised once each week for four weeks in a
newspaper of general circulation in every county in which the
lands or facilities are located and if the preliminary appraised
value of the land to be sold or leased is more than one hundred
thousand dollars, advertisement shall be made once each week for
four weeks in at least two newspapers in the state having a daily
circulation of one hundred thousand or more. If a city in this
state is served by more than one newspaper having a circulation
of one hundred thousand or more, advertisement may be made in
only one of the newspapers serving the city.
(D) Each deed or lease prepared and recorded pursuant to
this section shall contain a recital stating that all provisions
of this section have been complied with. The recital shall be
considered binding and conclusive against all subdivisions of the
state provided no action has been commenced pursuant to division
(B) of this section. Any deed or lease containing such a recital
shall be conclusively presumed to have been executed in
compliance with this section insofar as title or other interest
of any bona fide purchasers, lessees, or transferees of the
property is concerned.
(E) Nothing in this section shall be construed as
establishing a precedent for the disposal of state lands and
facilities by other departments of the state.
Sec. 5123.231. (A) Until June 30, 1981, or until the
department of mental retardation and developmental disabilities
has achieved substantial compliance with the standards for the
physical facilities and equipment of institutions under its
jurisdiction as required by section 5123.16 of the Revised Code,
the director of the department may enter into agreements with any
person, political subdivision, or state agency for the sale or
lease of land or facilities under the jurisdiction of the
director in the following manner:
(1) The director shall designate lands and facilities that
are not needed by the department and are under the jurisdiction
of the department.
(2) The director shall have a preliminary appraisal made
of any lands or facilities designated under division (A) of this
section by a disinterested professional appraiser from the
department of administrative services. The appraiser shall
deliver to the director a signed certificate of the probable
market value of the lands and facilities as determined from the
preliminary appraisal.
(3) The director shall certify to the legislative clerk of
the house of representatives and to the clerk of the senate a
list of all lands and facilities which may be sold or leased, and
shall include with the list the results of the preliminary
appraisals of the lands and facilities, a general description of
the land and facilities, and a description of the current use of
the land and facilities.
(4) Every list of lands and facilities certified by the
director to the legislative clerk of the house of representatives
and to the clerk of the senate under division (A)(3) of this
section, shall immediately be transmitted by the respective
clerks to the committees in the house and the senate to which
land conveyance bills are usually referred. If either committee
files in its clerk's office, within sixty calendar days of the
original certification of the lands and facilities by the
director, a report disapproving the sale or lease of any lands or
facilities, the sale or lease of the lands or facilities
disapproved in the report shall not be made under this section.
With respect to a sale or lease of lands and facilities that has
not been disapproved under this division, the director shall
certify those lands and facilities to the auditor of state.
(5) After certification to the auditor of state under
division (A)(4) of this section, the director shall have a formal
appraisal made of the lands and facilities by a disinterested
professional appraiser from the department of administrative
services. The director may accept the formal appraisal or he THE
DIRECTOR may
reject it and order a new formal appraisal by a disinterested
professional appraiser who shall not be from the department of
administrative services. The director may then sell or lease the
lands or facilities in accordance with this division and
department of administrative services procedures as set forth in
Chapter 123. of the Revised Code. Any such deed or lease shall
be prepared and recorded pursuant to section 5301.13 of the
Revised Code. The department of administrative services shall be
the sole agent for the state and shall complete the sale or lease
of the lands or facilities, up to and including the closing
thereof, after the director approves the sale price. The
director and the director of administrative services may, if it
is determined to be in the best interests of the state, agree to
sell surplus land for an amount less than the formal appraised
value but shall not sell any land for less than two-thirds of the
formal appraised value.
(B) Coincident with his THE DIRECTOR'S certification under
division
(A)(3) of this section concerning lands which may be sold, the
director shall give written notice of his THE intention to sell
the
lands by certified mail to the executive officer of each county,
township, municipal corporation, and school district within which
the lands are situated. In each notice, the director shall
specify the conditions under which the lands shall be sold,
including whether the lands will be sold as a single unit or sold
in specific parcels that he THE DIRECTOR designates, and shall
solicit from
the subdivision offers to purchase the lands in accordance with
the conditions he THE DIRECTOR has specified and at a price
equal to the
preliminary appraised value determined pursuant to division
(A)(2) of this section. If, within thirty days of having
certified the lands to the auditor of state under division (A)(4)
of this section, the director receives from the executive officer
of a subdivision a written offer to purchase the lands at or
above the price specified in his THE DIRECTOR'S original notice
to the officer,
provided such offer otherwise complies with the conditions of
purchase specified in his THE DIRECTOR'S original notice, the
director shall
forthwith enter into an agreement to sell the lands to the
subdivision. The agreement shall incorporate any and all terms
that are acceptable to both parties and that are consistent with
the terms specified in the director's original notice. If no
offer to purchase is received by the director within the
thirty-day period provided in this division, the director's
original notice shall be considered withdrawn and he THE
DIRECTOR shall be
under no obligation to sell any of the lands specified in the
notice to the subdivision. If two or more offers to purchase the
same parcels of land are received by the director within the
required time period from the executive officers of two or more
subdivisions, the director shall accept the offer or offers to
purchase that he THE DIRECTOR considers to be in the best
interests of the
state and of the department and shall proceed to enter into
agreements of sale pursuant to this division. If all of the
director's original notices relating to a given parcel of land
become withdrawn, he THE DIRECTOR may thereupon proceed to sell
the parcel as
otherwise provided in this section. No subdivision may commence
an action to enforce the provisions of this division, or to seek
any other legal or equitable remedy relative to this division,
with respect to any lands certified to the auditor of state under
division (A)(4) of this section, except within sixty days of the
date on which the lands were so certified.
(C) Any agreement under this section shall be at such
terms as will be in the best interests of the state and the
department of mental retardation and developmental disabilities.
However, the terms of any agreement for sale shall include a
provision that the purchaser will abide by any comprehensive plan
for the area that has been adopted by the local government in
which the property is located before the parties enter into the
agreement. No lease shall be of a duration greater than forty
years. No agreement, except an agreement entered into under
division (B) of this section, shall be entered into before the
proposal to sell or lease the land or facilities has been
advertised once each week for four weeks in a newspaper of
general circulation in every county in which the lands or
facilities are located and if the preliminary appraised value of
the land to be sold or leased is more than one hundred thousand
dollars advertisement shall be made once each week for four weeks
in at least two newspapers in the state having a daily
circulation of one hundred thousand or more. If a city in this
state is served by more than one newspaper having a circulation
of one hundred thousand or more, advertisement may be made in
only one of the newspapers serving the city.
(D) Each deed or lease prepared and recorded pursuant to
this section shall contain a recital stating that all provisions
of this section have been complied with. The recital shall be
considered binding and conclusive against all subdivisions of the
state provided no action has been commenced pursuant to division
(B) of this section. Any deed or lease containing such a recital
shall be conclusively presumed to have been executed in
compliance with this section insofar as title or other interest
of any bona fide purchasers, lessees, or transferees of the
property is concerned.
(E) Except as otherwise provided in this division, all
moneys received from the sale or lease of lands and facilities
under this section shall be deposited in the state treasury to
the credit of the general revenue fund. All moneys received from
the sale or lease of lands and facilities under this section that
were purchased with funds from the mental health facilities
improvement fund created by division (F) of section 154.20 of the
Revised Code shall be credited to the mental health facilities
improvement fund.
(F) Nothing in this section shall be construed as
establishing a precedent for the disposal of state lands and
facilities by other departments of the state.
Sec. 5528.19. Upon the payment in full of all interest, principal, and
charges
for the retirement of all bonds and other obligations which may be issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and sections
5528.10
and 5528.11 of the Revised Code, the commissioners of the sinking fund shall
make a certification of such fact to the clerk of the senate, the executive
secretary CHIEF ADMINISTRATIVE OFFICER of the house of
representatives, and the treasurer of state.
Upon the receipt of such certification, the treasurer of state shall
transfer all moneys remaining to the credit of the highway improvement bond
retirement fund, created by section 5528.12 of the Revised Code, to the
highway obligations bond retirement fund created by section 5528.32 of the
Revised Code.
Sec. 5528.56. (A) The treasurer of state on behalf of the
commissioners of the sinking fund, on or before the fifteenth day of
July of each fiscal year, shall certify to the office of budget and
management the total amount of moneys required during that fiscal year to meet
in full all payments of bond service charges and financing costs which are not
to be paid from the proceeds of the bonds anticipated or of renewal notes
issued pursuant to section 5528.54 of the Revised Code.
(B) When the moneys to the credit of the bond service fund are
sufficient to provide for payment of the amount required as stated in the
certificate provided for in division (A) of this section, the
commissioners shall certify such fact to the office of budget and management.
(C) If and so long as the moneys to the credit of the bond
service fund, together with any other funds available for the purpose, are
insufficient to meet in full all payments of the amount required as stated in
the certificate provided for in division (A) of this section, the
commissioners shall at such times as provided in the bond proceedings, and in
any event within ten days prior to the date any such payments are due, certify
to the office of budget and management the total amount of such bond service
charges and financing costs, the amount of moneys to the credit of the bond
service fund and any other funds available for the purpose, and the amount of
additional money necessary to be credited to the bond service fund to meet in
full the payment of such bond service charges and financing costs when due.
(D) If upon the certification provided for in division
(A) or (C) of this section, or if on presentation of
obligations for payment of bond service charges when due, there are
insufficient moneys in the bond service fund and any other funds available for
the purpose for payment of bond service charges and financing costs as so
certified, the commissioners, upon consultation with the director of budget
and management, shall transfer a sufficient amount to the bond service fund
from the receipts derived from all excises, taxes, and other revenues of the
state, including those referred to in Section 5a of
Article XII, Ohio Constitution, which
excises, taxes, and revenues are and shall be deemed to be levied, in addition
to the purposes otherwise provided for by law, to provide in accordance with
sections 5528.51 to 5528.56 of the Revised Code and the bond proceedings for
the payment of bond service charges and financing costs. The levy and
collection of such
excises, taxes, and revenues and their application to the payment of the bond
service charges and financing costs, as provided by this section, shall
continue and the state hereby covenants with the holders of such obligations
and providers of credit enhancement facilities be continued, so long as such
obligations are outstanding. In each year that moneys referred to in
Section 5a of Article XII, Ohio Constitution, pledged to the payment of
bond
service charges on obligations issued pursuant to sections 5528.51 to 5528.55
of the Revised Code are available for that purpose, such
moneys shall be appropriated thereto and the
required application of any other excises, taxes, and revenues shall be
reduced in corresponding amount.
(E) The general assembly may from time to time repeal or reduce
any excise, tax, or other source of revenue pledged pursuant to
Section 2m of Article VIII,
Ohio Constitution, and this section to the payment of the
bond service charges, and may levy any new or increased excise, tax, or
revenue source to meet the pledge to the payment of bond service charges on
outstanding obligations of the state's full faith and credit, revenue, and
taxing power. Nothing in this division authorizes any impairment of the
obligation of this state to levy, charge, and collect sufficient excises,
taxes, and revenues to pay bond service charges on obligations outstanding in
accordance with their terms.
(F) Upon the payment or provision for payment in full of all bond
service charges on all obligations in accordance with their terms, the
commissioners shall certify that fact to the clerk of the senate, the
legislative clerk of the house of representatives, the treasurer of
state, and
the office of budget and management. Upon making such certification the
treasurer of state shall transfer to the general revenue fund all moneys then
remaining to the credit of the bond service fund and not needed for the
purpose of paying bond service charges.
Section 2. That existing sections 101.23, 101.271, 101.272, 101.29,
101.31, 101.32, 101.33, 101.50, 101.52, 101.61, 101.62, 101.65, 101.67,
101.69, 102.09, 103.15, 105.61, 123.151, 124.18, 125.081, 125.31, 125.42,
125.58, 125.59, 125.60, 127.16, 129.52, 129.56, 129.64, 149.091, 149.17,
164.11, 1555.14, 2331.11, 3317.09, 5117.12, 5119.39, 5123.231, 5528.19, and
5528.56 and section 101.25 of the Revised Code are hereby repealed.
Section 3. The Office of Clerk of the House of Representatives
is a continuation of the former Office of Legislative Clerk of
the House of Representatives. The individual holding office as
Legislative Clerk of the House of Representatives immediately
before the effective date of this act holds office as Clerk of
the House of Representatives on and after the effective date of
this act.
Section 4. The Office of Chief Administrative Officer of the House of
Representatives is a continuation of the former Office of the
Executive Secretary of the House of Representatives. The
individual holding office as Executive Secretary of the House of
Representatives immediately before the effective date of this
act holds office as Chief Administrative Officer of the House of
Representatives on and after the effective date of this act.
Section 5. Section 127.16 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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