As Reported by the Committee of Conference

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 483


Representative Amstutz 

Cosponsors: Representatives Sprague, McGregor, Grossman, Hackett, McClain, Sears, Stebelton, Wachtmann Speaker Batchelder 

Senators Bacon, Burke, Coley, Faber, Oelslager, Peterson 



A BILL
To amend sections 7.10, 7.16, 9.37, 9.482, 9.90, 1
9.91, 103.41, 103.63, 109.572, 109.5721, 118.27, 2
121.084, 122.12, 122.121, 122.861, 124.05, 124.32, 3
125.13, 125.18, 125.182, 126.21, 126.25, 133.06, 4
133.07, 149.311, 149.38, 153.56, 156.03, 163.15, 5
163.53, 163.54, 163.55, 164.26, 173.38, 173.391, 6
173.392, 173.47, 175.04, 175.05, 175.06, 191.01, 7
306.04, 307.982, 340.01, 340.02, 340.021, 340.03, 8
340.08, 340.09, 340.15, 341.12, 757.03, 757.04, 9
757.05, 757.06, 757.07, 757.08, 935.03, 935.12, 10
955.01, 955.05, 955.06, 1321.535, 1321.55, 11
1322.03, 1322.031, 1322.04, 1322.041, 1322.051, 12
1322.06, 1322.063, 1345.06, 1711.50, 1711.53, 13
1724.10, 1901.08, 2101.026, 2151.417, 2151.421, 14
2152.19, 2305.09, 2710.06, 2743.191, 2907.28, 15
2915.08, 2925.61, 2945.402, 3123.89, 3301.03, 16
3303.41, 3307.01, 3313.372, 3313.617, 3314.08, 17
3317.01, 3317.02, 3317.0217, 3318.36, 3358.03, 18
3517.20, 3701.132, 3701.34, 3701.74, 3701.83, 19
3702.511, 3702.52, 3702.526, 3702.59, 3702.71, 20
3702.74, 3702.75, 3702.91, 3702.95, 3721.02, 21
3730.09, 3735.31, 3737.02, 3745.71, 3772.02, 22
4121.02, 4141.01, 4141.06, 4141.09, 4141.11, 23
4141.131, 4141.20, 4141.25, 4141.29, 4141.35, 24
4301.07, 4303.021, 4503.44, 4511.191, 4715.14, 25
4715.30, 4715.302, 4717.10, 4723.28, 4723.486, 26
4723.487, 4725.092, 4725.16, 4725.19, 4729.12, 27
4729.51, 4729.54, 4729.541, 4729.65, 4729.80, 28
4729.83, 4729.86, 4730.25, 4730.48, 4730.53, 29
4731.055, 4731.15, 4731.155, 4731.22, 4731.24, 30
4731.241, 4731.281, 4737.045, 4758.01, 4758.02, 31
4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 32
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 33
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 34
4758.55, 4758.561, 4758.59, 4758.60, 4758.61, 35
4758.71, 4781.04, 4901.05, 4905.911, 4906.20, 36
4906.201, 4923.02, 5104.03, 5104.34, 5104.341, 37
5104.38, 5119.21, 5119.22, 5119.25, 5123.01, 38
5123.011, 5123.012, 5123.16, 5123.162, 5123.19, 39
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 40
5123.89, 5124.01, 5124.101, 5124.106, 5124.15, 41
5124.151, 5124.17, 5124.19, 5124.21, 5124.28, 42
5124.38, 5124.60, 5124.61, 5124.62, 5124.67, 43
5126.01, 5126.02, 5126.022, 5126.0219, 5126.041, 44
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 45
5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 46
5139.36, 5139.41, 5153.21, 5153.42, 5164.34, 47
5165.10, 5165.106, 5165.15, 5165.23, 5165.25, 48
5165.65, 5165.68, 5513.01, 5531.10, 5533.051, 49
5703.052, 5703.21, 5705.10, 5709.12, 5709.17, 50
5709.40, 5713.012, 5727.111, 5739.05, 5739.09, 51
5747.02, 5747.025, and 5747.71; to amend for the 52
purpose of codifying and changing the number of 53
Section 323.280 of Am. Sub. H.B. 59 of the 130th 54
General Assembly to section 5165.157 of the 55
Revised Code; to enact sections 5.077, 9.54, 56
9.911, 164.261, 173.381, 175.053, 193.01, 193.03, 57
193.05, 193.07, 193.09, 306.14, 307.678, 307.6910, 58
307.863, 340.033, 340.034, 340.20, 341.121, 59
2929.201, 3123.90, 3302.15, 3313.351, 3313.902, 60
3314.38, 3317.036, 3317.23, 3317.231, 3317.24, 61
3326.29, 3345.56, 3345.86, 3721.122, 4121.443, 62
4715.15, 4723.433, 4729.861, 4730.093, 4731.77, 63
4741.49, 4758.48, 4758.62, 4758.63, 4758.64, 64
5101.061, 5101.90, 5101.91, 5101.92, 5103.05, 65
5103.051, 5119.362, 5119.363, 5119.364, 5119.365, 66
5122.36, 5123.0420, 5139.12, 5139.45, and 5155.28; 67
to repeal sections 121.92, 3125.191, 3702.93, 68
4171.03, 4171.04, 5124.63, 5124.64, and 5126.037 69
of the Revised Code; to amend Sections 207.10, 70
209.30, 221.10, 241.10, 245.10, 257.10, 257.20, 71
259.10, 259.210, 263.10, 263.40, 263.230, 263.240, 72
263.250, 263.270, 263.320, 263.325, 275.10, 73
282.10, 282.30, 285.10, 285.20, 301.10, 301.33, 74
301.40, 301.143, 327.10, 327.83, 333.10, 333.80, 75
340.10, 349.10, 359.10, 363.10, 365.10, 395.10, 76
403.10, 512.70, 512.80, and 751.10 of Am. Sub. 77
H.B. 59 of the 130th General Assembly; to amend 78
Sections 207.100, 207.250, 207.340, 207.440, 79
221.10, 223.10, 223.30, 223.40, 239.10, 253.330, 80
269.10, 509.80, and 701.50 of Am. H.B. 497 of the 81
130th General Assembly; to amend Section 9 of Am. 82
Sub. S.B. 206 of the 130th General Assembly; and 83
to repeal Section 747.40 of Am. Sub. H.B. 59 of 84
the 130th General Assembly to make operating and 85
other appropriations and to provide authorization 86
and conditions for the operation of state 87
programs.88


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

       Section 101.01. That sections 7.10, 7.16, 9.37, 9.482, 9.90, 89
9.91, 103.41, 103.63, 109.572, 109.5721, 118.27, 121.084, 122.12, 90
122.121, 122.861, 124.05, 124.32, 125.13, 125.18, 125.182, 126.21, 91
126.25, 133.06, 133.07, 149.311, 149.38, 153.56, 156.03, 163.15, 92
163.53, 163.54, 163.55, 164.26, 173.38, 173.391, 173.392, 173.47, 93
175.04, 175.05, 175.06, 191.01, 306.04, 307.982, 340.01, 340.02, 94
340.021, 340.03, 340.08, 340.09, 340.15, 341.12, 757.03, 757.04, 95
757.05, 757.06, 757.07, 757.08, 935.03, 935.12, 955.01, 955.05, 96
955.06, 1321.535, 1321.55, 1322.03, 1322.031, 1322.04, 1322.041, 97
1322.051, 1322.06, 1322.063, 1345.06, 1711.50, 1711.53, 1724.10, 98
1901.08, 2101.026, 2151.417, 2151.421, 2152.19, 2305.09, 2710.06, 99
2743.191, 2907.28, 2915.08, 2925.61, 2945.402, 3123.89, 3301.03, 100
3303.41, 3307.01, 3313.372, 3313.617, 3314.08, 3317.01, 3317.02, 101
3317.0217, 3318.36, 3358.03, 3517.20, 3701.132, 3701.34, 3701.74, 102
3701.83, 3702.511, 3702.52, 3702.526, 3702.59, 3702.71, 3702.74, 103
3702.75, 3702.91, 3702.95, 3721.02, 3730.09, 3735.31, 3737.02, 104
3745.71, 3772.02, 4121.02, 4141.01, 4141.06, 4141.09, 4141.11, 105
4141.131, 4141.20, 4141.25, 4141.29, 4141.35, 4301.07, 4303.021, 106
4503.44, 4511.191, 4715.14, 4715.30, 4715.302, 4717.10, 4723.28, 107
4723.486, 4723.487, 4725.092, 4725.16, 4725.19, 4729.12, 4729.51, 108
4729.54, 4729.541, 4729.65, 4729.80, 4729.83, 4729.86, 4730.25, 109
4730.48, 4730.53, 4731.055, 4731.15, 4731.155, 4731.22, 4731.24, 110
4731.241, 4731.281, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 111
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 112
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.55, 113
4758.561, 4758.59, 4758.60, 4758.61, 4758.71, 4781.04, 4901.05, 114
4905.911, 4906.20, 4906.201, 4923.02, 5104.03, 5104.34, 5104.341, 115
5104.38, 5119.21, 5119.22, 5119.25, 5123.01, 5123.011, 5123.012, 116
5123.16, 5123.162, 5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 117
5123.76, 5123.89, 5124.01, 5124.101, 5124.106, 5124.15, 5124.151, 118
5124.17, 5124.19, 5124.21, 5124.28, 5124.38, 5124.60, 5124.61, 119
5124.62, 5124.67, 5126.01, 5126.02, 5126.022, 5126.0219, 5126.041, 120
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 121
5126.45, 5139.05, 5139.34, 5139.36, 5139.41, 5153.21, 5153.42, 122
5164.34, 5165.10, 5165.106, 5165.15, 5165.23, 5165.25, 5165.65, 123
5165.68, 5513.01, 5531.10, 5533.051, 5703.052, 5703.21, 5705.10, 124
5709.12, 5709.17, 5709.40, 5713.012, 5727.111, 5739.05, 5739.09, 125
5747.02, 5747.025, and 5747.71 be amended; Section 323.280 of Am. 126
Sub. H.B. 59 of the 130th General Assembly be amended and codified 127
as section 5165.157 of the Revised Code; and sections 5.077, 9.54, 128
9.911, 164.261, 173.381, 175.053, 193.01, 193.03, 193.05, 193.07, 129
193.09, 306.14, 307.678, 307.6910, 307.863, 340.033, 340.034, 130
340.20, 341.121, 2929.201, 3123.90, 3302.15, 3313.351, 3313.902, 131
3314.38, 3317.036, 3317.23, 3317.231, 3317.24, 3326.29, 3345.56, 132
3345.86, 3721.122, 4121.443, 4715.15, 4723.433, 4729.861, 133
4730.093, 4731.77, 4741.49, 4758.48, 4758.62, 4758.63, 4758.64, 134
5101.061, 5101.90, 5101.91, 5101.92, 5103.05, 5103.051, 5119.362, 135
5119.363, 5119.364, 5119.365, 5122.36, 5123.0420, 5139.12, 136
5139.45, and 5155.28 of the Revised Code be enacted to read as 137
follows:138

       Sec. 5.077. The museum located on the grounds of the Ohio 139
state reformatory, operated by the Mansfield reformatory 140
preservation society, is the official state penal museum.141

       Sec. 7.10.  For the publication of advertisements, notices, 142
and proclamations, except those relating to proposed amendments to 143
the Ohio Constitution, required to be published by a public 144
officer of the state, a benevolent or other public institution, a 145
trustee, assignee, executor, or administrator, or by or in any 146
court of record, except when the rate is otherwise fixed by law, 147
publishers of newspapers may charge and receive for such 148
advertisements, notices, and proclamations rates charged on annual 149
contracts by them for a like amount of space to other advertisers 150
who advertise in its general display advertising columns. 151

       For the publication of advertisements, notices, or 152
proclamations required to be published by a public officer of a 153
county, municipal corporation, township, school, or other 154
political subdivision, publishers of newspapers shall establish a 155
government rate, which shall include free publication of 156
advertisements, notices, or proclamations on the newspaper's 157
internet web site, if the newspaper has one. The government rate 158
shall not exceed the lowest classified advertising rate and lowest 159
insert rate paid by other advertisers.160

        Legal advertising appearing in print, except that relating to 161
proposed amendments to the Ohio Constitution, shall be set up in a 162
compact form, without unnecessary spaces, blanks, or headlines, 163
and printed in not smaller than six-point type. The type used must 164
be of such proportions that the body of the capital letter M is no 165
wider than it is high and all other letters and characters are in 166
proportion.167

       Except as provided in section 2701.09 of the Revised Code, 168
all legal advertisements or, notices, and proclamations shall be 169
printed in a newspaper of general circulation and shall be posted 170
by the publisher of the newspaper on the newspaper's internet web 171
site, if the newspaper has one. A publisher of a newspaper shall 172
not charge for posting legal advertisements, notices, and 173
proclamations that are required by law to be published in a 174
newspaper of general circulation on the newspaper's internet web 175
site.176

       Sec. 7.16. (A) As used in this section:177

       (1) "State agency" means any organized body, office, agency, 178
institution, or other entity established by the laws of the state 179
for the exercise of any function of state government, including 180
state institutions of higher education, as defined in section 181
3345.011 of the Revised Code.182

       (2) "Political subdivision" has the meaning defined in 183
section 2744.01 of the Revised Code.184

       (B) If a section of the Revised Code or an administrative 185
rule requires a state agency or a political subdivision to publish 186
a notice or advertisement two or more times in a newspaper of 187
general circulation and the section or administrative rule refers 188
to this section, the first publication of the notice or 189
advertisement shall be made in its entirety in a newspaper of 190
general circulation and may be made in a preprinted insert in the 191
newspaper, but the second publication otherwise required by that 192
section or administrative rule may be made in abbreviated form in 193
a newspaper of general circulation in the state or in the 194
political subdivision, as designated in that section or 195
administrative rule, and on the newspaper's internet web site, if 196
the newspaper has one. The state agency or political subdivision 197
may eliminate any further newspaper publications required by that 198
section or administrative rule, provided that the second, 199
abbreviated notice or advertisement meets all of the following 200
requirements:201

       (1) It is published in the newspaper of general circulation 202
in which the first publication of the notice or advertisement was 203
made and is published on that newspaper's internet web site, if 204
the newspaper has one.205

       (2) It is publishedposted by the publisher of the newspaper206
on the stateofficial public notice web site established under 207
section 125.182 of the Revised Code. The publisher shall post the 208
required notice or advertisement on the web site at no additional 209
cost.210

       (3) It includes a title, followed by a summary paragraph or 211
statement that clearly describes the specific purpose of the 212
notice or advertisement, and includes a statement that the notice 213
or advertisement is posted in its entirety on the stateofficial214
public notice web site. The notice or advertisement also may be 215
posted on the state agency's or political subdivision's internet 216
web site.217

       (4) It includes the internet addressesaddress of the state218
official public notice web site, and of the newspaper's and state 219
agency's or political subdivision's internet web site if the 220
notice or advertisement is posted on those web sites, and the 221
name, address, telephone number, and electronic mail address of 222
the state agency, political subdivision, or other party 223
responsible for publication of the notice or advertisement.224

       (C) A notice or advertisement published under this section on 225
an internet web site shall be published in its entirety in 226
accordance with the section of the Revised Code or the 227
administrative rule that requires the publication.228

        (D) If the stateofficial public notice web site established 229
under section 125.182 of the Revised Code is not operational, the 230
state agency or political subdivision shall not publish a notice 231
or advertisement under this section, but instead shall comply with 232
the publication requirements of the section of the Revised Code or 233
the administrative rule that refers to this section.234

       Sec. 9.37.  (A) As used in this section, "public official" 235
means any elected or appointed officer, employee, or agent of the 236
state, any state institution of higher education, any political 237
subdivision, board, commission, bureau, or other public body 238
established by law. "State institution of higher education" means 239
any state university or college as defined in division (A)(1) of 240
section 3345.12 of the Revised Code, community college, state 241
community college, university branch, or technical college.242

       (B) Except as provided in divisions (F) and (G) of this 243
section, any public official may make by direct deposit of funds 244
by electronic transfer, if the payee provides a written 245
authorization designating a financial institution and an account 246
number to which the payment is to be credited, any payment such 247
public official is permitted or required by law in the performance 248
of official duties to make by issuing a check or warrant.249

       (C) Such public official may contract with a financial 250
institution for the services necessary to make direct deposits and 251
draw lump-sum checks or warrants payable to that institution in 252
the amount of the payments to be transferred.253

       (D) Before making any direct deposit as authorized under this 254
section, the public official shall ascertain that the account from 255
which the payment is to be made contains sufficient funds to cover 256
the amount of the payment.257

       (E) If the issuance of checks and warrants by a public 258
official requires authorization by a governing board, commission, 259
bureau, or other public body having jurisdiction over the public 260
official, the public official may only make direct deposits and 261
contracts under this section pursuant to a resolution of 262
authorization duly adopted by such governing board, commission, 263
bureau, or other public body.264

       (F) Pursuant to sections 307.55, 319.16, and 321.15 of the 265
Revised Code, a county auditor may issue, and a county treasurer 266
may redeem, electronic warrants authorizing direct deposit for 267
payment of county obligations in accordance with rules adopted by 268
the director of budget and management pursuant to Chapter 119. of 269
the Revised Code.270

       (G) The legislative authority of a municipal corporation, for 271
employeespublic officials of the municipal corporation, a county 272
auditor, for county employeespublic officials, or a board of 273
township trustees, for township employeespublic officials, may 274
adopt a direct deposit payroll policy under which all employees275
public officials of the municipal corporation, all county 276
employeespublic officials, or all township employeespublic 277
officials, as the case may be, provide a written authorization 278
designating a financial institution and an account number to which 279
payment of the employee'spublic official's compensation shall be 280
credited under the municipal corporation's, county's, or 281
township's direct deposit payroll policy. The direct deposit 282
payroll policy adopted by the legislative authority of a municipal 283
corporation, a county auditor, or a board of township trustees may 284
exempt from the direct deposit requirement those municipal, 285
county, or township employeespublic officials who cannot provide 286
an account number, or for other reasons specified in the policy. 287
The written authorization is not a public record under section 288
149.43 of the Revised Code.289

       Sec. 9.482. (A) As used in this section, "political:290

       (1) "Political subdivision" has the meaning defined in 291
section 2744.01 of the Revised Code.292

       (2) "State agency" means any organized body, office, agency, 293
institution, or other entity established by the laws of the state 294
for the exercise of any function of state government. The term 295
includes a state institution of higher education as defined in 296
section 3345.011 of the Revised Code.297

       (B)(1) When legally authorized by their respective 298
legislative authoritiesto do so, a political subdivision may 299
enter into an agreement with another political subdivision or a 300
state agency whereby athe contracting political subdivision or 301
state agency agrees to exercise any power, perform any function, 302
or render any service for anotherthe contracting recipient 303
political subdivision that the contracting recipient political 304
subdivision is otherwise legally authorized to exercise, perform, 305
or render.306

       In(2) When legally authorized to do so, a state agency may 307
enter into an agreement with a political subdivision whereby the 308
contracting political subdivision agrees to exercise any power, 309
perform any function, or render any service for the contracting 310
recipient state agency that the contracting recipient state agency 311
is otherwise legally authorized to exercise, perform, or render.312

       (C) In the absence in the agreement of provisions determining 313
by what officer, office, department, agency, or other authority 314
the powers and duties of a contracting political subdivision shall 315
be exercised or performed, the legislative authority of the 316
contracting political subdivision shall determine and assign the 317
powers and duties.318

        An agreement shall not suspend the possession by a 319
contracting recipient political subdivision or state agency of any 320
power or function that is exercised or performed on its behalf by 321
anotherthe other contracting political subdivision or the 322
contracting state agency under the agreement.323

       A political subdivision shall not enter into an agreement to 324
levy any tax or to exercise, with regard to public moneys, any 325
investment powers, perform any investment function, or render any 326
investment service on behalf of a contracting subdivision. Nothing 327
in this paragraph prohibits a political subdivision from entering 328
into an agreement to collect, administer, or enforce any tax on 329
behalf of another political subdivision or to limit the authority 330
of political subdivisions to create and operate joint economic 331
development zones or joint economic development districts as 332
provided in sections 715.69 to 715.83 of the Revised Code.333

       (C)(D) No county elected officer may be required to exercise 334
any power, perform any function, or render any service under an 335
agreement entered into under this section without the written 336
consent of the county elected officer. No county may enter into an 337
agreement under this section for the exercise, performance, or 338
rendering of any statutory powers, functions, or services of any 339
county elected officer without the written consent of the county 340
elected officer.341

       (D)(E) No power shall be exercised, no function shall be 342
performed, and no service shall be rendered by a contracting 343
political subdivision or state agency pursuant to an agreement 344
entered into under this section within a political subdivision 345
that is not a party to the agreement, without first obtaining the 346
written consent of the political subdivision that is not a party 347
to the agreement and within which the power is to be exercised, a 348
function is to be performed, or a service is to be rendered.349

       (E)(F) Chapter 2744. of the Revised Code, insofar as it 350
applies to the operation of a political subdivision, applies to 351
the political subdivisions that are parties to an agreement and to 352
their employees when they are rendering a service outside the 353
boundaries of their employing political subdivision under the 354
agreement. Employees acting outside the boundaries of their 355
employing political subdivision while providing a service under an 356
agreement may participate in any pension or indemnity fund 357
established by the political subdivision to the same extent as 358
while they are acting within the boundaries of the political 359
subdivision, and are entitled to all the rights and benefits of 360
Chapter 4123. of the Revised Code to the same extent as while they 361
are performing a service within the boundaries of the political 362
subdivision.363

       Sec. 9.54.  Whoever erects or replaces a sign containing the 364
international symbol of access shall use forms of the word 365
"accessible" rather than forms of the words "handicapped" or 366
"disabled" whenever words are included on the sign.367

       Sec. 9.90.  (A) The board of trustees or other governing body 368
of a state institution of higher education, as defined in section 369
3345.011 of the Revised Code, board of education of a school 370
district, or governing board of an educational service center may, 371
in addition to all other powers provided in the Revised Code:372

       (1) Contract for, purchase, or otherwise procure from an 373
insurer or insurers licensed to do business by the state of Ohio 374
for or on behalf of such of its employees as it may determine, 375
life insurance, or sickness, accident, annuity, endowment, health, 376
medical, hospital, dental, or surgical coverage and benefits, or 377
any combination thereof, by means of insurance plans or other 378
types of coverage, family, group or otherwise, and may pay from 379
funds under its control and available for such purpose all or any 380
portion of the cost, premium, or charge for such insurance, 381
coverage, or benefits. However, the governing board, in addition 382
to or as an alternative to the authority otherwise granted by 383
division (A)(1) of this section, may elect to procure coverage for 384
health care services, for or on behalf of such of its employees as 385
it may determine, by means of policies, contracts, certificates, 386
or agreements issued by at least two health insuring corporations 387
holding a certificate of authority under Chapter 1751. of the 388
Revised Code and may pay from funds under the governing board's 389
control and available for such purpose all or any portion of the 390
cost of such coverage.391

       (2) Make payments to a custodial account for investment in 392
regulated investment company stock for the purpose of providing 393
retirement benefits as described in section 403(b)(7) of thethat 394
is treated as an annuity under Internal Revenue Code of 1954, as 395
amended. Such stock shall be purchased only from persons 396
authorized to sell such stock in this statesection 403(b).397

       Any income of an employee deferred under divisions (A)(1) and 398
(2) of this section in a deferred compensation program eligible 399
for favorable tax treatment under the Internal Revenue Code of 400
1954, as amended, shall continue to be included as regular 401
compensation for the purpose of computing the contributions to and 402
benefits from the retirement system of such employee. Any sum so 403
deferred shall not be included in the computation of any federal 404
and state income taxes withheld on behalf of any such employee.405

       (B) All or any portion of the cost, premium, or charge 406
therefor may be paid in such other manner or combination of 407
manners as the board or governing body may determine, including 408
direct payment by the employee in cases under division (A)(1) of 409
this section, and, if authorized in writing by the employee in 410
cases under division (A)(1) or (2) of this section, by the board 411
or governing body with moneys made available by deduction from or 412
reduction in salary or wages or by the foregoing of a salary or 413
wage increase. Nothing in section 3917.01 or section 3917.06 of 414
the Revised Code shall prohibit the issuance or purchase of group 415
life insurance authorized by this section by reason of payment of 416
premiums therefor by the board or governing body from its funds, 417
and such group life insurance may be so issued and purchased if 418
otherwise consistent with the provisions of sections 3917.01 to 419
3917.07 of the Revised Code.420

       (C) The board of education of any school district may 421
exercise any of the powers granted to the governing boards of 422
public institutions of higher education under divisions (A) and 423
(B) of this section. All health care benefits provided to persons 424
employed by the public schools of this state shall be through 425
health care plans that contain best practices established by the 426
department of administrative services pursuant to section 9.901 of 427
the Revised Code.428

       Sec. 9.91.  If the governing board of a public institution of 429
higher education or the board of education of a school district 430
procures a tax-sheltered annuity for an employee, pursuant to 431
section 9.90 of the Revised Code, that meets the requirements of 432
section 403(b) of the Internal Revenue Code of 1954, 26 U.S.C.A.433
section 403(b), the employee has the right to designate the 434
licensed agent, broker, or company through whom the board shall 435
arrange for the placement or purchase of the tax-sheltered 436
annuity. In any case in which the employee has designated such an 437
agent, broker, or company, the board shall comply with the 438
designation, provided that the board may impose either or both of 439
the following as conditions to complying with any such 440
designations:441

       (A) The designee must execute a reasonable agreement 442
protecting the institution or district from any liability 443
attendant to procuring the annuity;444

       (B) The designee must be designated by a number of employees 445
equal to at least one per cent of the board's full-time employees 446
or at least five employees, whichever is greater, except that the 447
board may not require that the agent, broker, or company be 448
designated by more than fifty employees.449

       Sec. 9.911.  (A) An annuity contract or custodial account 450
procured for an employee of a public institution of higher 451
education pursuant to section 9.90 of the Revised Code shall 452
comply with both of the following:453

       (1) The annuity contract or custodial account must meet the 454
requirements of Internal Revenue Code section 403(b).455

       (2) The institution, in its sole and absolute discretion, 456
shall arrange for the procurement of the annuity contract or 457
custodial account by doing one of the following:458

       (a) Selecting a minimum of four providers of annuity 459
contracts or custodial accounts through a selection process 460
determined by the institution in its sole and absolute discretion, 461
except that if fewer than four providers are available the 462
institution shall select the number of providers available.463

       (b) Subject to division (D) of this section, allowing each 464
eligible employee to designate a licensed agent, broker, or 465
company as a provider.466

       (B) Division (A)(2)(a) of this section does not require a 467
public institution of higher education to select a provider if 468
either of the following is the case:469

       (1) The provider is not willing to provide an annuity 470
contract or custodial account at that public institution.471

       (2) The provider is not willing to agree to the terms and 472
conditions of the agreement described in division (E) of this 473
section.474

       (C) Designation as a provider under section 9.90 of the 475
Revised Code prior to the effective date of this section does not 476
give a licensed agent, broker, or company a right to be selected 477
as a provider under this section, but subject to division (D) of 478
this section, such a licensed agent, broker, or company shall 479
remain a provider until another provider is selected under 480
division (A)(2) of this section.481

       (D) If an employee designates a provider under division 482
(A)(2)(b) of this section, the employing institution shall comply 483
with the designation but may require either or both of the 484
following:485

       (1) That the provider enter into an agreement with the 486
institution that does either or both of the following:487

       (a) Prohibits the provider from transferring funds to a third 488
party without the express consent of the institution or its 489
authorized representative;490

       (b) Includes such other terms and conditions as are 491
established by the institution in its sole discretion.492

       (2) That the provider be designated by a number of employees 493
equal to at least one per cent of the institution's eligible 494
employees or at least five employees, whichever is greater, except 495
that the institution may not require that the provider be 496
designated by more than fifty employees.497

       (E) An institution may require a provider selected under 498
division (A)(2)(a) of this section to enter into an agreement with 499
the institution that does either or both of the following:500

       (1) Prohibits the provider from transferring funds to a third 501
party without the express consent of the institution or its 502
authorized representative;503

       (2) Includes such other terms and conditions as are 504
established by the institution in its sole discretion.505

       Sec. 103.41.  (A) As used in sections 103.41 to 103.415 of 506
the Revised Code:507

       (1) "JMOC" means the joint medicaid oversight committee 508
created under this section.509

       (2) "State and local government medicaid agency" means all of 510
the following:511

        (a) The department of medicaid;512

        (b) The office of health transformation;513

        (c) Each state agency and political subdivision with which 514
the department of medicaid contracts under section 5162.35 of the 515
Revised Code to have the state agency or political subdivision 516
administer one or more components of the medicaid program, or one 517
or more aspects of a component, under the department's 518
supervision;519

        (d) Each agency of a political subdivision that is 520
responsible for administering one or more components of the 521
medicaid program, or one or more aspects of a component, under the 522
supervision of the department or a state agency or political 523
subdivision described in division (A)(2)(c) of this section.524

       (B) There is hereby created the joint medicaid oversight 525
committee. JMOC shall consist of the following members:526

       (1) Five members of the senate appointed by the president of 527
the senate, three of whom are members of the majority party and 528
two of whom are members of the minority party;529

       (2) Five members of the house of representatives appointed by 530
the speaker of the house of representatives, three of whom are 531
members of the majority party and two of whom are members of the 532
minority party.533

       (C) The term of each JMOC member shall begin on the day of 534
appointment to JMOC and end on the last day that the member serves 535
in the house (in the case of a member appointed by the speaker) or 536
senate (in the case of a member appointed by the president) during 537
the general assembly for which the member is appointed to JMOC. 538
The president and speaker shall make the initial appointments not 539
later than fifteen days after the effective date of this section540
March 20, 2014. However, if this section takes effect before 541
January 1, 2014, the president and speaker shall make the initial 542
appointments during the period beginning January 1, 2014, and 543
ending January 15, 2014. The president and speaker shall make 544
subsequent appointments not later than fifteen days after the 545
commencement of the first regular session of each general 546
assembly. JMOC members may be reappointed. A vacancy on JMOC shall 547
be filled in the same manner as the original appointment.548

       (D) In odd-numbered years, the speaker shall designate one of 549
the majority members from the house as the JMOC chairperson and 550
the president shall designate one of the minority members from the 551
senate as the JMOC ranking minority member. In even-numbered 552
years, the president shall designate one of the majority members 553
from the senate as the JMOC chairperson and the speaker shall 554
designate one of the minority members from the house as the JMOC 555
ranking minority member.556

       (E) In appointing members from the minority, and in 557
designating ranking minority members, the president and speaker 558
shall consult with the minority leader of their respective houses.559

       (F) JMOC shall meet at the call of the JMOC chairperson. The 560
chairperson shall call JMOC to meet not less often than once each 561
calendar month, unless the chairperson and ranking minority member 562
agree that the chairperson should not call JMOC to meet for a 563
particular month.564

       (G) Notwithstanding section 101.26 of the Revised Code, the 565
members, when engaged in their duties as members of JMOC on days 566
when there is not a voting session of the member's house of the 567
general assembly, shall be paid at the per diem rate of one 568
hundred fifty dollars, and their necessary traveling expenses, 569
which shall be paid from the funds appropriated for the payment of 570
expenses of legislative committees.571

       (H) JMOC may employ professional, technical, and clerical 572
employees as are necessary for JMOC to be able successfully and 573
efficiently to perform its duties. All such employees are in the 574
unclassified service and serve at JMOC's pleasure. JMOC may 575
contract for the services of persons who are qualified by 576
education and experience to advise, consult with, or otherwise 577
assist JMOC in the performance of its duties.578

       (H)(I) The JMOC chairperson, when authorized by JMOC and the 579
president and speaker, may issue subpoenas and subpoenas duces 580
tecum in aid of JMOC's performance of its duties. A subpoena may 581
require a witness in any part of the state to appear before JMOC 582
at a time and place designated in the subpoena to testify. A 583
subpoena duces tecum may require witnesses or other persons in any 584
part of the state to produce books, papers, records, and other 585
tangible evidence before JMOC at a time and place designated in 586
the subpoena duces tecum. A subpoena or subpoena duces tecum shall 587
be issued, served, and returned, and has consequences, as 588
specified in sections 101.41 to 101.45 of the Revised Code.589

       (I)(J) The JMOC chairperson may administer oaths to witnesses 590
appearing before JMOC.591

       Sec. 103.63.  There is established an Ohio constitutional 592
modernization commission consisting of thirty-two members. Twelve 593
members shall be appointed from the general assembly as follows: 594
three by the president of the senate, three by the minority leader 595
of the senate, three by the speaker of the house of 596
representatives, and three by the minority leader of the house of 597
representatives. Not later thanOn or before the tenth day of598
January 1, 2012, and every two years thereaftereven-numbered 599
year, the twelve general assembly members shall meet, organize, 600
and elect two co-chairpersons, who shall be from different 601
political parties. Beginning in 2014, the twelve general assembly 602
members shall elect one co-chairperson from each house of the 603
general assembly. The members shall then, by majority vote, 604
appoint twenty commission members, not from the general assembly. 605
All appointments shall end on the first day of January of every 606
even-numbered year, or as soon thereafter as successors are 607
appointed, and the commission shall then be re-created in the 608
manner provided above. Members may be reappointed. Vacancies on 609
the commission shall be filled in the manner provided for original 610
appointments.611

       The members of the commission shall serve without 612
compensation, but each member shall be reimbursed for actual and 613
necessary expenses incurred while engaging in the performance of 614
the member's official duties. Membership on the commission does 615
not constitute holding another public office. The joint 616
legislative ethics committee is the appropriate ethics commission 617
as described in division (F) of section 102.01 of the Revised Code 618
for matters relating to the public members appointed to the Ohio 619
constitutional modernization commission.620

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 621
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 622
a completed form prescribed pursuant to division (C)(1) of this 623
section, and a set of fingerprint impressions obtained in the 624
manner described in division (C)(2) of this section, the 625
superintendent of the bureau of criminal identification and 626
investigation shall conduct a criminal records check in the manner 627
described in division (B) of this section to determine whether any 628
information exists that indicates that the person who is the 629
subject of the request previously has been convicted of or pleaded 630
guilty to any of the following:631

       (a) A violation of section 2903.01, 2903.02, 2903.03, 632
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 633
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 634
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 635
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 636
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 637
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 638
2925.06, or 3716.11 of the Revised Code, felonious sexual 639
penetration in violation of former section 2907.12 of the Revised 640
Code, a violation of section 2905.04 of the Revised Code as it 641
existed prior to July 1, 1996, a violation of section 2919.23 of 642
the Revised Code that would have been a violation of section 643
2905.04 of the Revised Code as it existed prior to July 1, 1996, 644
had the violation been committed prior to that date, or a 645
violation of section 2925.11 of the Revised Code that is not a 646
minor drug possession offense;647

       (b) A violation of an existing or former law of this state, 648
any other state, or the United States that is substantially 649
equivalent to any of the offenses listed in division (A)(1)(a) of 650
this section;651

       (c) If the request is made pursuant to section 3319.39 of the 652
Revised Code for an applicant who is a teacher, any offense 653
specified in section 3319.31 of the Revised Code.654

       (2) On receipt of a request pursuant to section 3712.09 or 655
3721.121 of the Revised Code, a completed form prescribed pursuant 656
to division (C)(1) of this section, and a set of fingerprint 657
impressions obtained in the manner described in division (C)(2) of 658
this section, the superintendent of the bureau of criminal 659
identification and investigation shall conduct a criminal records 660
check with respect to any person who has applied for employment in 661
a position for which a criminal records check is required by those 662
sections. The superintendent shall conduct the criminal records 663
check in the manner described in division (B) of this section to 664
determine whether any information exists that indicates that the 665
person who is the subject of the request previously has been 666
convicted of or pleaded guilty to any of the following:667

       (a) A violation of section 2903.01, 2903.02, 2903.03, 668
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 669
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 670
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 671
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 672
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 673
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 674
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 675
2925.22, 2925.23, or 3716.11 of the Revised Code;676

       (b) An existing or former law of this state, any other state, 677
or the United States that is substantially equivalent to any of 678
the offenses listed in division (A)(2)(a) of this section.679

       (3) On receipt of a request pursuant to section 173.27, 680
173.38, 173.381, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, 681
or 5123.169 of the Revised Code, a completed form prescribed 682
pursuant to division (C)(1) of this section, and a set of 683
fingerprint impressions obtained in the manner described in 684
division (C)(2) of this section, the superintendent of the bureau 685
of criminal identification and investigation shall conduct a 686
criminal records check of the person for whom the request is made. 687
The superintendent shall conduct the criminal records check in the 688
manner described in division (B) of this section to determine 689
whether any information exists that indicates that the person who 690
is the subject of the request previously has been convicted of, 691
has pleaded guilty to, or (except in the case of a request 692
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 693
Code) has been found eligible for intervention in lieu of 694
conviction for any of the following, regardless of the date of the 695
conviction, the date of entry of the guilty plea, or (except in 696
the case of a request pursuant to section 5164.34, 5164.341, or 697
5164.342 of the Revised Code) the date the person was found 698
eligible for intervention in lieu of conviction:699

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 700
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 701
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 702
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 703
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 704
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 705
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 706
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 707
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 708
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 709
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 710
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 711
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 712
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 713
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 714
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 715
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 716
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 717
2927.12, or 3716.11 of the Revised Code;718

       (b) Felonious sexual penetration in violation of former 719
section 2907.12 of the Revised Code;720

       (c) A violation of section 2905.04 of the Revised Code as it 721
existed prior to July 1, 1996;722

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 723
the Revised Code when the underlying offense that is the object of 724
the conspiracy, attempt, or complicity is one of the offenses 725
listed in divisions (A)(3)(a) to (c) of this section;726

       (e) A violation of an existing or former municipal ordinance 727
or law of this state, any other state, or the United States that 728
is substantially equivalent to any of the offenses listed in 729
divisions (A)(3)(a) to (d) of this section.730

       (4) On receipt of a request pursuant to section 2151.86 of 731
the Revised Code, a completed form prescribed pursuant to division 732
(C)(1) of this section, and a set of fingerprint impressions 733
obtained in the manner described in division (C)(2) of this 734
section, the superintendent of the bureau of criminal 735
identification and investigation shall conduct a criminal records 736
check in the manner described in division (B) of this section to 737
determine whether any information exists that indicates that the 738
person who is the subject of the request previously has been 739
convicted of or pleaded guilty to any of the following:740

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 741
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 742
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 743
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 744
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 745
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 746
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 747
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 748
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 749
of the Revised Code, a violation of section 2905.04 of the Revised 750
Code as it existed prior to July 1, 1996, a violation of section 751
2919.23 of the Revised Code that would have been a violation of 752
section 2905.04 of the Revised Code as it existed prior to July 1, 753
1996, had the violation been committed prior to that date, a 754
violation of section 2925.11 of the Revised Code that is not a 755
minor drug possession offense, two or more OVI or OVUAC violations 756
committed within the three years immediately preceding the 757
submission of the application or petition that is the basis of the 758
request, or felonious sexual penetration in violation of former 759
section 2907.12 of the Revised Code;760

       (b) A violation of an existing or former law of this state, 761
any other state, or the United States that is substantially 762
equivalent to any of the offenses listed in division (A)(4)(a) of 763
this section.764

       (5) Upon receipt of a request pursuant to section 5104.012 or 765
5104.013 of the Revised Code, a completed form prescribed pursuant 766
to division (C)(1) of this section, and a set of fingerprint 767
impressions obtained in the manner described in division (C)(2) of 768
this section, the superintendent of the bureau of criminal 769
identification and investigation shall conduct a criminal records 770
check in the manner described in division (B) of this section to 771
determine whether any information exists that indicates that the 772
person who is the subject of the request has been convicted of or 773
pleaded guilty to any of the following:774

       (a) A violation of section 2903.01, 2903.02, 2903.03, 775
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 776
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 777
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 778
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 779
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 780
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 781
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 782
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 783
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 784
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 785
3716.11 of the Revised Code, felonious sexual penetration in 786
violation of former section 2907.12 of the Revised Code, a 787
violation of section 2905.04 of the Revised Code as it existed 788
prior to July 1, 1996, a violation of section 2919.23 of the 789
Revised Code that would have been a violation of section 2905.04 790
of the Revised Code as it existed prior to July 1, 1996, had the 791
violation been committed prior to that date, a violation of 792
section 2925.11 of the Revised Code that is not a minor drug 793
possession offense, a violation of section 2923.02 or 2923.03 of 794
the Revised Code that relates to a crime specified in this 795
division, or a second violation of section 4511.19 of the Revised 796
Code within five years of the date of application for licensure or 797
certification.798

       (b) A violation of an existing or former law of this state, 799
any other state, or the United States that is substantially 800
equivalent to any of the offenses or violations described in 801
division (A)(5)(a) of this section.802

       (6) Upon receipt of a request pursuant to section 5153.111 of 803
the Revised Code, a completed form prescribed pursuant to division 804
(C)(1) of this section, and a set of fingerprint impressions 805
obtained in the manner described in division (C)(2) of this 806
section, the superintendent of the bureau of criminal 807
identification and investigation shall conduct a criminal records 808
check in the manner described in division (B) of this section to 809
determine whether any information exists that indicates that the 810
person who is the subject of the request previously has been 811
convicted of or pleaded guilty to any of the following:812

       (a) A violation of section 2903.01, 2903.02, 2903.03, 813
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 814
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 815
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 816
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 817
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 818
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 819
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 820
felonious sexual penetration in violation of former section 821
2907.12 of the Revised Code, a violation of section 2905.04 of the 822
Revised Code as it existed prior to July 1, 1996, a violation of 823
section 2919.23 of the Revised Code that would have been a 824
violation of section 2905.04 of the Revised Code as it existed 825
prior to July 1, 1996, had the violation been committed prior to 826
that date, or a violation of section 2925.11 of the Revised Code 827
that is not a minor drug possession offense;828

       (b) A violation of an existing or former law of this state, 829
any other state, or the United States that is substantially 830
equivalent to any of the offenses listed in division (A)(6)(a) of 831
this section.832

       (7) On receipt of a request for a criminal records check from 833
an individual pursuant to section 4749.03 or 4749.06 of the 834
Revised Code, accompanied by a completed copy of the form 835
prescribed in division (C)(1) of this section and a set of 836
fingerprint impressions obtained in a manner described in division 837
(C)(2) of this section, the superintendent of the bureau of 838
criminal identification and investigation shall conduct a criminal 839
records check in the manner described in division (B) of this 840
section to determine whether any information exists indicating 841
that the person who is the subject of the request has been 842
convicted of or pleaded guilty to a felony in this state or in any 843
other state. If the individual indicates that a firearm will be 844
carried in the course of business, the superintendent shall 845
require information from the federal bureau of investigation as 846
described in division (B)(2) of this section. Subject to division 847
(F) of this section, the superintendent shall report the findings 848
of the criminal records check and any information the federal 849
bureau of investigation provides to the director of public safety.850

       (8) On receipt of a request pursuant to section 1321.37, 851
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 852
Code, a completed form prescribed pursuant to division (C)(1) of 853
this section, and a set of fingerprint impressions obtained in the 854
manner described in division (C)(2) of this section, the 855
superintendent of the bureau of criminal identification and 856
investigation shall conduct a criminal records check with respect 857
to any person who has applied for a license, permit, or 858
certification from the department of commerce or a division in the 859
department. The superintendent shall conduct the criminal records 860
check in the manner described in division (B) of this section to 861
determine whether any information exists that indicates that the 862
person who is the subject of the request previously has been 863
convicted of or pleaded guilty to any of the following: a 864
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 865
2925.03 of the Revised Code; any other criminal offense involving 866
theft, receiving stolen property, embezzlement, forgery, fraud, 867
passing bad checks, money laundering, or drug trafficking, or any 868
criminal offense involving money or securities, as set forth in 869
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 870
the Revised Code; or any existing or former law of this state, any 871
other state, or the United States that is substantially equivalent 872
to those offenses.873

       (9) On receipt of a request for a criminal records check from 874
the treasurer of state under section 113.041 of the Revised Code 875
or from an individual under section 4701.08, 4715.101, 4717.061, 876
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 877
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 878
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 879
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 880
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 881
accompanied by a completed form prescribed under division (C)(1) 882
of this section and a set of fingerprint impressions obtained in 883
the manner described in division (C)(2) of this section, the 884
superintendent of the bureau of criminal identification and 885
investigation shall conduct a criminal records check in the manner 886
described in division (B) of this section to determine whether any 887
information exists that indicates that the person who is the 888
subject of the request has been convicted of or pleaded guilty to 889
any criminal offense in this state or any other state. Subject to 890
division (F) of this section, the superintendent shall send the 891
results of a check requested under section 113.041 of the Revised 892
Code to the treasurer of state and shall send the results of a 893
check requested under any of the other listed sections to the 894
licensing board specified by the individual in the request.895

       (10) On receipt of a request pursuant to section 1121.23, 896
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 897
Code, a completed form prescribed pursuant to division (C)(1) of 898
this section, and a set of fingerprint impressions obtained in the 899
manner described in division (C)(2) of this section, the 900
superintendent of the bureau of criminal identification and 901
investigation shall conduct a criminal records check in the manner 902
described in division (B) of this section to determine whether any 903
information exists that indicates that the person who is the 904
subject of the request previously has been convicted of or pleaded 905
guilty to any criminal offense under any existing or former law of 906
this state, any other state, or the United States.907

       (11) On receipt of a request for a criminal records check 908
from an appointing or licensing authority under section 3772.07 of 909
the Revised Code, a completed form prescribed under division 910
(C)(1) of this section, and a set of fingerprint impressions 911
obtained in the manner prescribed in division (C)(2) of this 912
section, the superintendent of the bureau of criminal 913
identification and investigation shall conduct a criminal records 914
check in the manner described in division (B) of this section to 915
determine whether any information exists that indicates that the 916
person who is the subject of the request previously has been 917
convicted of or pleaded guilty or no contest to any offense under 918
any existing or former law of this state, any other state, or the 919
United States that is a disqualifying offense as defined in 920
section 3772.07 of the Revised Code or substantially equivalent to 921
such an offense.922

       (12) On receipt of a request pursuant to section 2151.33 or 923
2151.412 of the Revised Code, a completed form prescribed pursuant 924
to division (C)(1) of this section, and a set of fingerprint 925
impressions obtained in the manner described in division (C)(2) of 926
this section, the superintendent of the bureau of criminal 927
identification and investigation shall conduct a criminal records 928
check with respect to any person for whom a criminal records check 929
is required by that section. The superintendent shall conduct the 930
criminal records check in the manner described in division (B) of 931
this section to determine whether any information exists that 932
indicates that the person who is the subject of the request 933
previously has been convicted of or pleaded guilty to any of the 934
following:935

       (a) A violation of section 2903.01, 2903.02, 2903.03, 936
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 937
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 938
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 939
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 940
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 941
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 942
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 943
2925.22, 2925.23, or 3716.11 of the Revised Code;944

       (b) An existing or former law of this state, any other state, 945
or the United States that is substantially equivalent to any of 946
the offenses listed in division (A)(12)(a) of this section.947

       (B) Subject to division (F) of this section, the 948
superintendent shall conduct any criminal records check to be 949
conducted under this section as follows:950

       (1) The superintendent shall review or cause to be reviewed 951
any relevant information gathered and compiled by the bureau under 952
division (A) of section 109.57 of the Revised Code that relates to 953
the person who is the subject of the criminal records check, 954
including, if the criminal records check was requested under 955
section 113.041, 121.08, 173.27, 173.38, 173.381, 1121.23, 956
1155.03, 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 957
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 958
3701.881, 3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 959
5104.012, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 960
5123.169, or 5153.111 of the Revised Code, any relevant 961
information contained in records that have been sealed under 962
section 2953.32 of the Revised Code;963

       (2) If the request received by the superintendent asks for 964
information from the federal bureau of investigation, the 965
superintendent shall request from the federal bureau of 966
investigation any information it has with respect to the person 967
who is the subject of the criminal records check, including 968
fingerprint-based checks of national crime information databases 969
as described in 42 U.S.C. 671 if the request is made pursuant to 970
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 971
any other Revised Code section requires fingerprint-based checks 972
of that nature, and shall review or cause to be reviewed any 973
information the superintendent receives from that bureau. If a 974
request under section 3319.39 of the Revised Code asks only for 975
information from the federal bureau of investigation, the 976
superintendent shall not conduct the review prescribed by division 977
(B)(1) of this section.978

        (3) The superintendent or the superintendent's designee may 979
request criminal history records from other states or the federal 980
government pursuant to the national crime prevention and privacy 981
compact set forth in section 109.571 of the Revised Code.982

       (4) The superintendent shall include in the results of the 983
criminal records check a list or description of the offenses 984
listed or described in division (A)(1), (2), (3), (4), (5), (6), 985
(7), (8), (9), (10), (11), or (12) of this section, whichever 986
division requires the superintendent to conduct the criminal 987
records check. The superintendent shall exclude from the results 988
any information the dissemination of which is prohibited by 989
federal law.990

       (5) The superintendent shall send the results of the criminal 991
records check to the person to whom it is to be sent not later 992
than the following number of days after the date the 993
superintendent receives the request for the criminal records 994
check, the completed form prescribed under division (C)(1) of this 995
section, and the set of fingerprint impressions obtained in the 996
manner described in division (C)(2) of this section:997

       (a) If the superintendent is required by division (A) of this 998
section (other than division (A)(3) of this section) to conduct 999
the criminal records check, thirty;1000

       (b) If the superintendent is required by division (A)(3) of 1001
this section to conduct the criminal records check, sixty.1002

       (C)(1) The superintendent shall prescribe a form to obtain 1003
the information necessary to conduct a criminal records check from 1004
any person for whom a criminal records check is to be conducted 1005
under this section. The form that the superintendent prescribes 1006
pursuant to this division may be in a tangible format, in an 1007
electronic format, or in both tangible and electronic formats.1008

       (2) The superintendent shall prescribe standard impression 1009
sheets to obtain the fingerprint impressions of any person for 1010
whom a criminal records check is to be conducted under this 1011
section. Any person for whom a records check is to be conducted 1012
under this section shall obtain the fingerprint impressions at a 1013
county sheriff's office, municipal police department, or any other 1014
entity with the ability to make fingerprint impressions on the 1015
standard impression sheets prescribed by the superintendent. The 1016
office, department, or entity may charge the person a reasonable 1017
fee for making the impressions. The standard impression sheets the 1018
superintendent prescribes pursuant to this division may be in a 1019
tangible format, in an electronic format, or in both tangible and 1020
electronic formats.1021

       (3) Subject to division (D) of this section, the 1022
superintendent shall prescribe and charge a reasonable fee for 1023
providing a criminal records check under this section. The person 1024
requesting the criminal records check shall pay the fee prescribed 1025
pursuant to this division. In the case of a request under section 1026
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 1027
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 1028
the manner specified in that section.1029

       (4) The superintendent of the bureau of criminal 1030
identification and investigation may prescribe methods of 1031
forwarding fingerprint impressions and information necessary to 1032
conduct a criminal records check, which methods shall include, but 1033
not be limited to, an electronic method.1034

       (D) The results of a criminal records check conducted under 1035
this section, other than a criminal records check specified in 1036
division (A)(7) of this section, are valid for the person who is 1037
the subject of the criminal records check for a period of one year 1038
from the date upon which the superintendent completes the criminal 1039
records check. If during that period the superintendent receives 1040
another request for a criminal records check to be conducted under 1041
this section for that person, the superintendent shall provide the 1042
results from the previous criminal records check of the person at 1043
a lower fee than the fee prescribed for the initial criminal 1044
records check.1045

       (E) When the superintendent receives a request for 1046
information from a registered private provider, the superintendent 1047
shall proceed as if the request was received from a school 1048
district board of education under section 3319.39 of the Revised 1049
Code. The superintendent shall apply division (A)(1)(c) of this 1050
section to any such request for an applicant who is a teacher.1051

       (F)(1) All information regarding the results of a criminal 1052
records check conducted under this section that the superintendent 1053
reports or sends under division (A)(7) or (9) of this section to 1054
the director of public safety, the treasurer of state, or the 1055
person, board, or entity that made the request for the criminal 1056
records check shall relate to the conviction of the subject 1057
person, or the subject person's plea of guilty to, a criminal 1058
offense.1059

       (2) Division (F)(1) of this section does not limit, restrict, 1060
or preclude the superintendent's release of information that 1061
relates to an adjudication of a child as a delinquent child, or 1062
that relates to a criminal conviction of a person under eighteen 1063
years of age if the person's case was transferred back to a 1064
juvenile court under division (B)(2) or (3) of section 2152.121 of 1065
the Revised Code and the juvenile court imposed a disposition or 1066
serious youthful offender disposition upon the person under either 1067
division, if either of the following applies with respect to the 1068
adjudication or conviction:1069

       (a) The adjudication or conviction was for a violation of 1070
section 2903.01 or 2903.02 of the Revised Code.1071

       (b) The adjudication or conviction was for a sexually 1072
oriented offense, as defined in section 2950.01 of the Revised 1073
Code, the juvenile court was required to classify the child a 1074
juvenile offender registrant for that offense under section 1075
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1076
classification has not been removed.1077

       (G) As used in this section:1078

       (1) "Criminal records check" means any criminal records check 1079
conducted by the superintendent of the bureau of criminal 1080
identification and investigation in accordance with division (B) 1081
of this section.1082

       (2) "Minor drug possession offense" has the same meaning as 1083
in section 2925.01 of the Revised Code.1084

       (3) "OVI or OVUAC violation" means a violation of section 1085
4511.19 of the Revised Code or a violation of an existing or 1086
former law of this state, any other state, or the United States 1087
that is substantially equivalent to section 4511.19 of the Revised 1088
Code.1089

       (4) "Registered private provider" means a nonpublic school or 1090
entity registered with the superintendent of public instruction 1091
under section 3310.41 of the Revised Code to participate in the 1092
autism scholarship program or section 3310.58 of the Revised Code 1093
to participate in the Jon Peterson special needs scholarship 1094
program.1095

       Sec. 109.5721. (A) As used in this section:1096

       (1) "Employment" includes volunteer service.1097

       (2) "Licensure" means the authorization, evidenced by a 1098
license, certificate, registration, permit, or other authority 1099
that is issued or conferred by a public office, to engage in a 1100
profession, occupation, or occupational activity, to be a foster 1101
caregiver, or to have control of and operate certain specific 1102
equipment, machinery, or premises over which a public office has 1103
jurisdiction.1104

       (3) "Participating public office" means a public office that 1105
requires a fingerprint background check as a condition of 1106
employment with, licensure by, or approval for adoption by the 1107
public office and that elects to receive notice under division (C) 1108
of this section in accordance with rules adopted by the attorney 1109
general.1110

       (4) "Public office" has the same meaning as in section 117.01 1111
of the Revised Code.1112

       (5) "Participating private party" means any person or private 1113
entity that is allowed to request a criminal records check 1114
pursuant to divisions (A)(2) or (3) of section 109.572 of the 1115
Revised Code.1116

       (B) Within six months after August 15, 2007, the 1117
superintendent of the bureau of criminal identification and 1118
investigation shall establish and maintain a database of 1119
fingerprints of individuals on whom the bureau has conducted 1120
criminal records checks for the purpose of determining eligibility 1121
for employment with, licensure by, or approval for adoption by a 1122
public office or participating private party. The superintendent 1123
shall maintain the database separate and apart from other records 1124
maintained by the bureau. The database shall be known as the 1125
retained applicant fingerprint database.1126

       (C) When the superintendent receives information that an 1127
individual whose name is in the retained applicant fingerprint 1128
database has been arrested for, convicted of, or pleaded guilty to 1129
any offense, the superintendent shall promptly notify any 1130
participating public office or participating private party that 1131
employs, licensed, or approved the individual of the arrest, 1132
conviction, or guilty plea. The public office or participating 1133
private party that receives the notification and its employees and 1134
officers shall use the information contained in the notification 1135
solely to determine the individual's eligibility for continued 1136
employment with the public office or participating private party, 1137
to retain licensure issued by the public office, or to be approved 1138
for adoption by the public office. The public office or 1139
participating private party and its employees and officers shall 1140
not disclose that information to any person for any other purpose.1141

       (D) If an individual has submitted fingerprint impressions 1142
for employment with, licensure by, or approval for adoption by a 1143
participating public office or participating private party and 1144
seeks employment with, licensure by, or approval for adoption by 1145
another participating public office or participating private 1146
party, the other public office or participating private party1147
shall reprint the individual. If an individual has been reprinted, 1148
the superintendent shall update that individual's information 1149
accordingly.1150

       (E) The bureau of criminal identification and investigation 1151
and the participating public office or participating private party1152
shall use information contained in the retained applicant 1153
fingerprint database and in the notice described in division (C) 1154
of this section for the purpose of employment with, licensure by, 1155
or approval for adoption by the participating public office or 1156
participating private party. This information is otherwise 1157
confidential and not a public record under section 149.43 of the 1158
Revised Code.1159

       (F) The attorney general shall adopt rules in accordance with 1160
Chapter 119. of the Revised Code governing the operation and 1161
maintenance of the database. The rules shall provide for, but not 1162
be limited to, both of the following:1163

       (1) The expungement or sealing of records of individuals who 1164
are deceased or who are no longer employed, granted licensure, or 1165
approved for adoption by the public office or participating 1166
private party that required submission of the individual's 1167
fingerprints;1168

       (2) The terms under which a public office or participating 1169
private party may elect to receive notification under division (C) 1170
of this section, including payment of any reasonable fee that may 1171
be charged for the purpose.1172

       (G) No public office or employee of a public office shall be 1173
considered negligent in a civil action solely because the public 1174
office did not elect to be a participating public office.1175

       (H)(1) No person shall knowingly use information contained in 1176
or received from the retained applicant fingerprint database for 1177
purposes not authorized by this section.1178

       (2) No person shall knowingly use information contained in or 1179
received from the retained applicant fingerprint database with the 1180
intent to harass or intimidate another person.1181

       (3) Whoever violates division (H)(1) or (H)(2) of this 1182
section is guilty of unlawful use of retained applicant 1183
fingerprint database records. A violation of division (H)(1) of 1184
this section is a misdemeanor of the fourth degree. A violation of 1185
division (H)(2) of this section is a misdemeanor of the first 1186
degree.1187

       Sec. 118.27.  (A) A financial planning and supervision 1188
commission with respect to a municipal corporation, county, or 1189
township, and its functions under this chapter, shall continue in 1190
existence until such time as a determination is made pursuant to 1191
division (B) of this section thatof one of the following:1192

       (1) In the case of a village, the village has dissolved under 1193
section 118.31, 703.20, or 703.201 of the Revised Code.1194

       (2) In the case of a township, the township has dissolved 1195
under section 118.31 of the Revised Code.1196

       (3) In the case of a municipal corporation, county, or 1197
township, the municipal corporation, county, or township has done 1198
all of the following:1199

       (1)(a) Planned, and is in the process of good faith 1200
implementation of, an effective financial accounting and reporting 1201
system in accordance with section 118.10 of the Revised Code, and 1202
it is reasonably expected that such implementation will be 1203
completed within two years;1204

       (2)(b) Corrected and eliminated or has planned and is in the 1205
process of good faith implementation of correcting and eliminating 1206
all of the fiscal emergency conditions determined pursuant to 1207
section 118.04 of the Revised Code, and no new fiscal emergency 1208
conditions have occurred. The auditor of state shall monitor the 1209
progress of the municipal corporation, county, or township in its 1210
plan of good faith implementation of correcting and eliminating 1211
all the fiscal emergency conditions. This monitoring is to secure 1212
full implementation at the earliest time feasible but within two 1213
years from such termination. If after a two-year period, the 1214
municipal corporation, county, or township has failed to secure 1215
full implementation, the auditor of state may redeclare the 1216
municipal corporation, county, or township to be in a fiscal 1217
emergency.1218

       (3)(c) Met the objectives of the financial plan described in 1219
section 118.06 of the Revised Code;1220

       (4)(d) The municipal corporation, county, or township 1221
prepares a financial forecast for a five-year period in accordance 1222
with the standards issued by the auditor of state. An opinion must 1223
be rendered by the auditor of state that the financial forecast is 1224
considered to be nonadverse.1225

       (B) The determination that all of suchthe conditions for the 1226
termination of the existence of the commission and its functions 1227
exist may be made either by the auditor of state or by the 1228
commission and shall be certified to the commission, the auditor 1229
of state, the governor, and the budget commission, whereupon such 1230
commission and its functions under this chapter shall terminate. 1231
Such determination shall be made by the auditor of state upon the 1232
filing with the auditor of state of a written request for such 1233
determination by the municipal corporation, county, or township, 1234
the governor, or the commission, or may be made by the auditor of 1235
state upon the auditor of state's own initiative.1236

       (C) The commission shall prepare and submit with such 1237
certification a final report of its activities, in such form as is 1238
appropriate for the purpose of providing a record of its 1239
activities and assisting other commissions created under this 1240
chapter in the conduct of their functions. All of the books and 1241
records of the commission shall be delivered to the auditor of 1242
state for retention and safekeeping.1243

       (D) Upon receipt of the certification provided for in 1244
division (B) of this section, the director shall follow the 1245
procedures set forth in section 126.29 of the Revised Code.1246

       (E) If, at the time of termination of the commission, an 1247
effective financial accounting and reporting system has not been 1248
fully implemented, the auditor of state shall monitor the progress 1249
of implementation and shall exercise authority under Chapter 117. 1250
and section 118.10 of the Revised Code to secure full 1251
implementation at the earliest time feasible but within two years 1252
from such termination.1253

       Sec. 121.084.  (A) All moneys collected under sections 1254
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 1255
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 1256
moneys collected by the division of industrial compliance shall be 1257
paid into the state treasury to the credit of the industrial 1258
compliance operating fund, which is hereby created. The department 1259
of commerce shall use the moneys in the fund for paying the 1260
operating expenses of the division and the administrative 1261
assessment described in division (B) of this section.1262

       (B) The director of commerce, with the approval of the 1263
director of budget and management, shall prescribe procedures for 1264
assessing the industrial compliance operating fund a proportionate 1265
share of the administrative costs of the department of commerce. 1266
The assessment shall be made in accordance with those procedures 1267
and be paid from the industrial compliance operating fund to the 1268
division of administration fund created in section 121.08 of the 1269
Revised Code.1270

       Sec. 122.12.  As used in this section and in section 122.121 1271
of the Revised Code:1272

       (A) "Endorsing county" means a county that contains a site 1273
selected by a site selection organization for one or more games.1274

       (B) "Endorsing municipality" means a municipal corporation 1275
that contains a site selected by a site selection organization for 1276
one or more games.1277

       (C) "Game support contract" means a joinder undertaking, 1278
joinder agreement, or similar contract executed by an endorsing 1279
municipality or endorsing county and a site selection 1280
organization.1281

       (D)(1) "Game" means a national or international competition 1282
of football, auto racing, rugby, cricket, horse racing, mixed 1283
martial arts, boxing, or any sport that is governed by an 1284
international federation and included in at least one of the 1285
following:1286

       (1)(a) Olympic games;1287

        (2)(b) Pan American games;1288

        (3)(c) Commonwealth games.1289

       (2) "Game" includes the special olympics.1290

       (E) "Joinder agreement" means an agreement entered into by a 1291
local organizing committee, endorsing municipality, or endorsing 1292
county, or more than one endorsing municipality or county acting 1293
collectively and a site selection organization setting out 1294
representations and assurances by each endorsing municipality or 1295
endorsing county in connection with the selection of a site in 1296
this state for the location of a game.1297

       (F) "Joinder undertaking" means an agreement entered into by 1298
a local organizing committee, endorsing municipality, or endorsing 1299
county, or more than one endorsing municipality or county acting 1300
collectively and a site selection organization that each endorsing 1301
municipality or endorsing county will execute a joinder agreement 1302
in the event that the site selection organization selects a site 1303
in this state for a game.1304

       (G) "Local organizing committee" means a nonprofit 1305
corporation or its successor in interest that:1306

       (1) Has been authorized by an endorsing municipality, 1307
endorsing county, or more than one endorsing municipality or 1308
county acting collectively to pursue an application and bid on the 1309
applicant's behalf to a site selection organization for selection 1310
as the site of one or more games; or1311

       (2) With the authorization of an endorsing municipality, 1312
endorsing county, or more than one endorsing municipality or 1313
county acting collectively, has executed an agreement with a site 1314
selection organization regarding a bid to host one or more games.1315

       (H) "Site selection organization" means the national or 1316
international governing body of a sport that is recognized as such 1317
by the endorsing municipality, endorsing county, or local 1318
organizing committee.1319

       Sec. 122.121.  (A) If a local organizing committee, endorsing 1320
municipality, or endorsing county enters into a joinder 1321
undertaking with a site selection organization, the local 1322
organizing committee, endorsing municipality, or endorsing county 1323
may apply to the director of development services, on a form and 1324
in the manner prescribed by the director, for a grant based on the 1325
projected incremental increase in the receipts from the tax 1326
imposed under section 5739.02 of the Revised Code within the 1327
market area designated under division (C) of this section, for the 1328
two-week period that ends at the end of the day after the date on 1329
which a game will be held, that is directly attributable, as 1330
determined by the director, to the preparation for and 1331
presentation of the game. The director shall determine the 1332
projected incremental increase in the tax imposed under section 1333
5739.02 of the Revised Code by using a formula approved by the 1334
destination marketing association international for event impact 1335
or another formula of similar purpose approved by the director. 1336
The local organizing committee, endorsing municipality, or 1337
endorsing county is eligible to receive a grant under this section 1338
only if the projected incremental increase in receipts from the 1339
tax imposed under section 5739.02 of the Revised Code, as 1340
determined by the director, exceeds two hundred fifty thousand 1341
dollars. The amount of the grant shall be not less than fifty per 1342
cent of the projected incremental increase in receipts, as 1343
determined by the director, but shall not exceed five hundred 1344
thousand dollars. The director shall not issue grants with a total 1345
value of more than one million dollars in any fiscal year, and 1346
shall not issue any grant before July 1, 2013.1347

       (B) If the director of development services approves an 1348
application for a local organizing committee, endorsing 1349
municipality, or endorsing county and that local organizing 1350
committee, endorsing municipality, or endorsing county enters into 1351
a joinder agreement with a site selection organization, the local 1352
organizing committee, endorsing municipality, or endorsing county 1353
shall file a copy of the joinder agreement with the director of 1354
development, who immediately shall notify the director of budget 1355
and management of the filing. Within thirty days after receiving 1356
the notice, the director of budget and management shall establish 1357
a schedule to disburse from the general revenue fund to such local 1358
organizing committee, endorsing municipality, or endorsing county 1359
payments that total the amount certified by the director of 1360
development under division (A) of this section, but in no event 1361
shall the total amount disbursed exceed five hundred thousand 1362
dollars, and no disbursement shall be made before July 1, 2013. 1363
The paymentsgrant shall be used exclusively by the local 1364
organizing committee, endorsing municipality, or endorsing county 1365
to fulfill a portion of its obligations to a site selection 1366
organization under game support contracts, which obligations may 1367
include the payment of costs relating to the preparations 1368
necessary for the conduct of the game, including acquiring, 1369
renovating, or constructing facilities; to pay the costs of 1370
conducting the game; and to assist the local organizing committee, 1371
endorsing municipality, or endorsing county in providing 1372
assurances required by a site selection organization sponsoring 1373
one or more games.1374

       (C) For the purposes of division (A) of this section, the 1375
director of development services, in consultation with the tax 1376
commissioner, shall designate the market area for a game. The 1377
market area shall consist of the combined statistical area, as 1378
defined by the United States office of management and budget, in 1379
which an endorsing municipality or endorsing county is located. 1380

       (D) A local organizing committee, endorsing municipality, or 1381
endorsing county shall provide information required by the 1382
director of development services and tax commissioner to enable 1383
the director and commissioner to fulfill their duties under this 1384
section, including annual audited statements of any financial 1385
records required by a site selection organization and data 1386
obtained by the local organizing committee, endorsing 1387
municipality, or endorsing county relating to attendance at a game 1388
and to the economic impact of the game. A local organizing 1389
committee, an endorsing municipality, or an endorsing county shall 1390
provide an annual audited financial statement if so required by 1391
the director and commissioner, not later than the end of the 1392
fourth month after the date the period covered by the financial 1393
statement ends.1394

       (E) Within thirty days after the game, the local organizing 1395
committee, endorsing municipality, or endorsing county shall 1396
report to the director of development services about the economic 1397
impact of the game. The report shall be in the form and substance 1398
required by the director, including, but not limited to, a final 1399
income statement for the event showing total revenue and 1400
expenditures and revenue and expenditures in the market area for 1401
the game, and ticket sales for the game and any related activities 1402
for which admission was charged. The director of development shall 1403
determine, based on the reported information and the exercise of 1404
reasonable judgment, the incremental increase in receipts from the 1405
tax imposed under section 5739.02 of the Revised Code directly 1406
attributable to the game. If the actual incremental increase in 1407
such receipts is less than the projected incremental increase in 1408
receipts, the director may require the local organizing committee, 1409
endorsing municipality, or endorsing county to refund to the state 1410
all or a portion of the grant.1411

       (F) No disbursement may be made under this section if the 1412
director of development services determines that it would be used 1413
for the purpose of soliciting the relocation of a professional 1414
sports franchise located in this state.1415

       (G) This section may not be construed as creating or 1416
requiring a state guarantee of obligations imposed on an endorsing 1417
municipality or endorsing county under a game support contract or 1418
any other agreement relating to hosting one or more games in this 1419
state.1420

       Sec. 122.861.  (A) As used in this section:1421

        (1) "Certified engine configuration" means a new, rebuilt, or 1422
remanufactured engine configuration that satisfies divisions 1423
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this 1424
section:1425

        (a) It has been certified by the administrator of the United 1426
States environmental protection agency or the California air 1427
resources board.1428

        (b) It meets or is rebuilt or remanufactured to a more 1429
stringent set of engine emission standards than when originally 1430
manufactured, as determined pursuant to Subtitle G of Title VII of 1431
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838, 1432
et seq.1433

        (c) In the case of a certified engine configuration involving 1434
the replacement of an existing engine, an engine configuration 1435
that replaced an engine that was removed from the vehicle and 1436
returned to the supplier for remanufacturing to a more stringent 1437
set of engine emissions standards or for scrappage.1438

        (2) "Section 793" means section 793 of the Energy Policy Act 1439
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.1440

        (3) "Verified technology" means a pollution control 1441
technology, including a retrofit technology, advanced truckstop 1442
electrification system, or auxiliary power unit, that has been 1443
verified by the administrator of the United States environmental 1444
protection agency or the California air resources board.1445

        (B) For the purpose of reducing emissions from diesel 1446
engines, the director of environmental protection shall administer 1447
a diesel emissions reduction grant program and a diesel emissions 1448
reduction revolving loanclean diesel school bus program. The 1449
programs shall provide for the implementation in this state of 1450
section 793 and shall otherwise be administered in compliance with 1451
the requirements of section 793, and any regulations issued 1452
pursuant to that section.1453

        The director shall apply to the administrator of the United 1454
States environmental protection agency for grant or loan funds 1455
available under section 793 to help fund the diesel emissions 1456
reduction grant program and the diesel emissions reduction 1457
revolving loanclean diesel school bus program. 1458

        (C) There is hereby created in the state treasury the diesel 1459
emissions reduction revolving loan fund consisting of money 1460
appropriated to it by the general assembly, any grants obtained 1461
from the federal government under section 793, and any other 1462
grants, gifts, or other contributions of money made to the credit 1463
of the fund. Money in the fund shall be used for the purpose of 1464
making loans for projects relating to certified engine 1465
configurations and verified technologies in a manner consistent 1466
with the requirements of section 793 and any regulations issued 1467
pursuant to that section. Interest earned from moneys in the fund 1468
shall be used to administer the diesel emissions reduction 1469
revolving loan program.1470

       Sec. 124.05.  The state personnel board of review shall be 1471
composed of three members, not more than two of whom shall be 1472
affiliated with the same political party, to be appointed by the 1473
governor with the advice and consent of the senate. Terms of 1474
office shall be for six years, commencing on the ninth day of 1475
February and ending on the eighth day of February, except that 1476
upon expiration of the term ending February 11, 1975, the new term 1477
which succeeds it shall commence on February 12, 1975 and end on 1478
February 8, 1981; and upon expiration of the term ending February 1479
12, 1979, the new term which succeeds it shall commence on 1480
February 13, 1979 and end on February 8, 1985. Each member shall 1481
hold office from the date of his appointment until the end of the 1482
term for which hethe member was appointed.1483

       A vacancy in the office of a member of the board shall be 1484
filled pursuant to section 3.03 of the Revised Code. Any member 1485
appointed to fill a vacancy prior to the expiration of the term 1486
for which histhe member's predecessor was appointed shall hold 1487
office for the remainder of such term. Any member shall continue 1488
in office subsequent to the expiration date of histhe member's1489
term until hisa successor takes office, or until a period of 1490
sixty days has elapsed, whichever occurs first.1491

       Each member of the board, before entering upon the duties of 1492
his office, shall take and subscribe an oath of office and give 1493
bond as provided in section 121.11 of the Revised Code.1494

       Any member of the board may be removed from office for any of 1495
the causes and in the manner provided in section 3.04 of the 1496
Revised Code.1497

       No member of the board shall hold any other office of trust 1498
or profit under the government of the United States, the state, or 1499
any political subdivision thereof.1500

       Each member of the board shall devote whatever time is 1501
necessary to the duties of this office and shall hold no other 1502
office or position of public trust or profit. Each member of the 1503
board shall receive a salary fixed pursuant to section 124.14 of 1504
the Revised Code, payable in the same manner as the salaries of 1505
other state officers, and shall be reimbursed for his actual 1506
expenses incurred in the performance of his official duties.1507

       The governor, at the time of making the original appointment 1508
of the members of the board and at the time of making the 1509
appointment of any member for a full term thereafter, shall 1510
designate one of the members as chairmanchairperson. A quorum of 1511
the board is a majority of its members and no action of the board 1512
is valid without the concurrence of at least a majority of its 1513
members.1514

       As used in this section only, "office of trust or profit" 1515
means:1516

       (A) A federal or state elective office or an elected office 1517
of a political subdivision of the state;1518

       (B) A position on a board or commission of the state that is 1519
appointed by the governor;1520

       (C) An office set forth in section 121.03, 121.04, or 121.05 1521
of the Revised Code;1522

       (D) An office of the government of the United States that is 1523
appointed by the president of the United States.1524

       Sec. 124.32.  (A) A person holding an office or position in 1525
the classified service may be transferred to a similar position in 1526
another office, department, or institution having the same pay and 1527
similar duties, but no transfer shall be made as follows:1528

       (1) From an office or position in one class to an office or 1529
position in another class;1530

       (2) To an office or position for original entrance to which 1531
there is required by sections 124.01 to 124.64 of the Revised 1532
Code, or the rules adopted pursuant to those sections, an 1533
examination involving essential tests or qualifications or 1534
carrying a salary different from or higher than those required for 1535
original entrance to an office or position held by the person 1536
proposed to be transferred.1537

       No person in the classified civil service of the state may be 1538
transferred without the consent of the director of administrative 1539
services.1540

       (B) Any person holding an office or position in the 1541
classified service who has been separated from the service without 1542
delinquency or misconduct on the person's part may be reinstated 1543
within one year from the date of that separation to a vacancy in 1544
the same office or in a similar position in the same department, 1545
except that a person in the classified service of the state only 1546
may be reinstated with the consent of the director of 1547
administrative services. But, if that separation is due to injury 1548
or physical or psychiatric disability, the person shall be 1549
reinstated in the same office held or in a similar position to 1550
that held at the time of separation, within thirtysixty days 1551
after written application for reinstatement, if the person passes 1552
a physical or psychiatric examination made by a licensed 1553
physician, a physician assistant, a clinical nurse specialist, a 1554
certified nurse practitioner, or a certified nurse-midwife showing 1555
that the person has recovered from the injury or physical or 1556
psychiatric disability, if the application for reinstatement is 1557
filed within two years from the date of separation, and if the 1558
application is not filed after the date of service eligibility 1559
retirement. The physician, physician assistant, clinical nurse 1560
specialist, certified nurse practitioner, or certified 1561
nurse-midwife shall be designated by the appointing authority and 1562
shall complete any written documentation of the physical or 1563
psychiatric examination.1564

       Sec. 125.13.  (A) As used in this section:1565

       (1) "Emergency medical service organization" has the same 1566
meaning as in section 4765.01 of the Revised Code.1567

       (2) "Private fire company" has the same meaning as in section 1568
9.60 of the Revised Code.1569

       (B) Except as otherwise provided in section 5139.03 of the 1570
Revised Code, whenever a state agency determines that it has 1571
excess or surplus supplies, it shall notify the director of 1572
administrative services. Upon request by the director and on forms 1573
provided by the director, the state agency shall furnish to the 1574
director a list of all those excess and surplus supplies and an 1575
appraisal of their value.1576

       (C) The director of administrative services shall take 1577
immediate control of a state agency's excess and surplus supplies, 1578
except for the following excess and surplus supplies:1579

       (1) Excess or surplus supplies that have a value below the 1580
minimum value that the director establishes for excess and surplus 1581
supplies under division (F) of this section;1582

       (2) Excess or surplus supplies that the director has 1583
authorized an agency to donate to a public entity, including, but 1584
not limited to, public schools and surplus computers and computer 1585
equipment transferred to a public school under division (H) of 1586
this section;1587

       (3) Excess or surplus supplies that an agency trades in as 1588
full or partial payment when purchasing a replacement item;1589

       (4) Hazardous property.1590

       (D) The director shall inventory excess and surplus supplies 1591
in the director's control and may have the supplies repaired.1592

       (E) The director may do either of the following:1593

       (1) Dispose of declared surplus or excess supplies in the 1594
director's control by sale, lease, donation, or transfer. If the 1595
director does so, the director shall dispose of those supplies in 1596
the following order of priority:1597

       (a) To state agencies;1598

       (b) To state-supported or state-assisted institutions of 1599
higher education;1600

       (c) To tax-supported agencies, municipal corporations, or 1601
other political subdivisions of this state, private fire 1602
companies, or private, nonprofit emergency medical service 1603
organizations;1604

       (d) To nonpublic elementary and secondary schools chartered 1605
by the state board of education under section 3301.16 of the 1606
Revised Code;1607

       (e) To the general public by auction, sealed bid, sale, or 1608
negotiation.1609

       (2) If the director has attempted to dispose of any declared 1610
surplus or excess motor vehicle that does not exceed four thousand 1611
five hundred dollars in value pursuant to divisions (E)(1)(a) to 1612
(c) of this section, donate the motor vehicle to a nonprofit 1613
organization exempt from federal income taxation pursuant to 26 1614
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 1615
transportation needs of participants in the Ohio works first 1616
program established under Chapter 5107. of the Revised Code and 1617
participants in the prevention, retention, and contingency program 1618
established under Chapter 5108. of the Revised Code. The director 1619
may not donate a motor vehicle furnished to the state highway 1620
patrol to a nonprofit organization pursuant to this division.1621

       (F) The director may adopt rules governing the sale, lease, 1622
or transfer of surplus and excess supplies in the director's 1623
control by public auction, sealed bid, sale, or negotiation, 1624
except that no employee of the disposing agency shall be allowed 1625
to purchase, lease, or receive any such supplies. The director may 1626
dispose of declared surplus or excess supplies, including motor 1627
vehicles, in the director's control as the director determines 1628
proper if such supplies cannot be disposed of pursuant to division 1629
(E) of this section. The director shall by rule establish a 1630
minimum value for excess and surplus supplies and prescribe 1631
procedures for a state agency to follow in disposing of excess and 1632
surplus supplies in its control that have a value below the 1633
minimum value established by the director.1634

       (G) No state-supported or state-assisted institution of 1635
higher education, tax-supported agency, municipal corporation, or 1636
other political subdivision of this state, private fire company, 1637
or private, nonprofit emergency medical service organization shall 1638
sell, lease, or transfer excess or surplus supplies acquired under 1639
this section to private entities or the general public at a price 1640
greater than the price it originally paid for those supplies.1641

       (H) The director of administrative services may authorize any 1642
state agency to transfer surplus computers and computer equipment 1643
that are not needed by other state agencies directly to an 1644
accredited public school within the state. The computers and 1645
computer equipment may be repaired or refurbished prior to 1646
transfer. The state agency may charge a service fee to the public 1647
schools for the property not to exceed the direct cost of 1648
repairing or refurbishing it. The state agency shall deposit such 1649
funds into the account used for repair or refurbishment.1650

       Sec. 125.18. (A) There is hereby established the office of 1651
information technology within the department of administrative 1652
services. The office shall be under the supervision of a state 1653
chief information officer to be appointed by the director of 1654
administrative services and subject to removal at the pleasure of 1655
the director. The chief information officer is an assistant 1656
director of administrative services.1657

       (B) Under the direction of the director of administrative 1658
services, the state chief information officer shall lead, oversee, 1659
and direct state agency activities related to information 1660
technology development and use. In that regard, the state chief 1661
information officer shall do all of the following:1662

        (1) Coordinate and superintend statewide efforts to promote 1663
common use and development of technology by state agencies. The 1664
office of information technology shall establish policies and 1665
standards that govern and direct state agency participation in 1666
statewide programs and initiatives.1667

       (2) Establish policies and standards for the acquisition and 1668
use of common information technology by state agencies, including, 1669
but not limited to, hardware, software, technology services, and 1670
security, and the extension of the service life of information 1671
technology systems, with which state agencies shall comply;1672

        (3) Establish criteria and review processes to identify state 1673
agency information technology projects or purchases that require 1674
alignment or oversight. As appropriate, the department of 1675
administrative services shall provide the governor and the 1676
director of budget and management with notice and advice regarding 1677
the appropriate allocation of resources for those projects. The 1678
state chief information officer may require state agencies to 1679
provide, and may prescribe the form and manner by which they must 1680
provide, information to fulfill the state chief information 1681
officer's alignment and oversight role;1682

       (4) Establish policies and procedures for the security of 1683
personal information that is maintained and destroyed by state 1684
agencies;1685

       (5) Employ a chief information security officer who is 1686
responsible for the implementation of the policies and procedures 1687
described in division (B)(4) of this section and for coordinating 1688
the implementation of those policies and procedures in all of the 1689
state agencies;1690

       (6) Employ a chief privacy officer who is responsible for 1691
advising state agencies when establishing policies and procedures 1692
for the security of personal information and developing education 1693
and training programs regarding the state's security procedures;1694

       (7) Establish policies on the purchasing, use, and 1695
reimbursement for use of handheld computing and telecommunications 1696
devices by state agency employees;1697

       (8) Establish policies for the reduction of printing and the 1698
use of electronic records by state agencies;1699

       (9) Establish policies for the reduction of energy 1700
consumption by state agencies;1701

       (10) Compute the amount of revenue attributable to the 1702
amortization of all equipment purchases and capitalized systems 1703
from information technology service delivery and major information 1704
technology purchases operating appropriation items and major 1705
computer purchases capital appropriation items that is recovered 1706
as part of the information technology services rates the 1707
department of administrative services charges and deposits into 1708
the information technology fund created in section 125.15 of the 1709
Revised Code;1710

       (11) Regularly review and make recommendations regarding 1711
improving the infrastructure of the state's cybersecurity 1712
operations with existing resources and through partnerships 1713
between government, business, and institutions of higher 1714
education;1715

        (12) Assist, as needed, with general state efforts to grow 1716
the cybersecurity industry in this state.1717

       (C)(1) The chief information security officer shall assist 1718
each state agency with the development of an information 1719
technology security strategic plan and review that plan, and each 1720
state agency shall submit that plan to the state chief information 1721
officer. The chief information security officer may require that 1722
each state agency update its information technology security 1723
strategic plan annually as determined by the state chief 1724
information officer.1725

       (2) Prior to the implementation of any information technology 1726
data system, a state agency shall prepare or have prepared a 1727
privacy impact statement for that system.1728

       (D) When a state agency requests a purchase of information 1729
technology supplies or services under Chapter 125. of the Revised 1730
Code, the state chief information officer may review and reject 1731
the requested purchase for noncompliance with information 1732
technology direction, plans, policies, standards, or 1733
project-alignment criteria.1734

       (E) The office of information technology may operate 1735
technology services for state agencies in accordance with this 1736
chapter.1737

        (F) With the approval of the director of administrative 1738
services, the office of information technology may establish 1739
cooperative agreements with federal and local government agencies 1740
and state agencies that are not under the authority of the 1741
governor for the provision of technology services and the 1742
development of technology projects.1743

       (G) The office of information technology may operate a 1744
program to make information technology purchases. The director of 1745
administrative services may recover the cost of operating the 1746
program from all participating government entities by issuing 1747
intrastate transfer voucher billings for the procured technology 1748
or through any pass-through billing method agreed to by the 1749
director of administrative services, the director of budget and 1750
management, and the participating government entities that will 1751
receive the procured technology.1752

       If the director of administrative services chooses to recover 1753
the program costs through intrastate transfer voucher billings, 1754
the participating government entities shall process the intrastate 1755
transfer vouchers to pay for the cost. Amounts received under this 1756
section for the information technology purchase program shall be 1757
deposited to the credit of the information technology governance 1758
fund created in section 125.15 of the Revised Code.1759

       (H) Upon request from the director of administrative 1760
services, the director of budget and management may transfer cash 1761
from the information technology fund created in section 125.15 of 1762
the Revised Code to the major information technology purchases 1763
fund in an amount not to exceed the amount computed under division 1764
(B)(10) of this section. The major information technology 1765
purchases fund is hereby created in the state treasury.1766

       (I) As used in this section:1767

       (1) "Personal information" has the same meaning as in section 1768
149.45 of the Revised Code.1769

       (2) "State agency" means every organized body, office, or 1770
agency established by the laws of the state for the exercise of 1771
any function of state government, other than any state-supported 1772
institution of higher education, the office of the auditor of 1773
state, treasurer of state, secretary of state, or attorney 1774
general, the adjutant general's department, the bureau of workers' 1775
compensation, the industrial commission, the public employees 1776
retirement system, the Ohio police and fire pension fund, the 1777
state teachers retirement system, the school employees retirement 1778
system, the state highway patrol retirement system, the general 1779
assembly or any legislative agency, the capitol square review 1780
advisory board, or the courts or any judicial agency.1781

       Sec. 125.182. The office of information technology, by itself 1782
or by contract with another entity,(A) An Ohio trade association 1783
that represents the majority of newspapers of general circulation 1784
as defined in section 7.12 of the Revised Code shall establish,1785
operate, and maintain a statethe official public notice web site. 1786
In establishing, maintaining, and operating the state public 1787
notice web site, the office of information technology1788

       Not later than one hundred eighty days after the effective 1789
date of this section, in all cases in which a notice or 1790
advertisement is required by a section of the Revised Code or an 1791
administrative rule to be published in a newspaper of general 1792
circulation, or in a daily law journal as required by section 1793
2701.09 of the Revised Code, the notice or advertisement also 1794
shall be posted on the official public notice web site by the 1795
publisher of the newspaper or journal.1796

       The operator of the official public notice web site shall:1797

       (A)(1) Use a domain name for the web site that will be easily 1798
recognizable and remembered by and understandable to users of the 1799
web site;1800

       (B)(2) Maintain the web site on the internet so that it is 1801
fully accessible to and searchable by members of the public at all 1802
times, other than during maintenance or acts of God outside the 1803
operator's control;1804

       (C)(3) Not charge a fee to a person whothat accesses,the 1805
web site to view notices or advertisements or to perform searches, 1806
or otherwise usesof the web site, provided that the operator may 1807
charge a fee for enhanced search and customized content delivery 1808
features;1809

       (D)(4) Not charge a fee to a state agency or political 1810
subdivision for publishing a notice or advertisement on the web 1811
site;1812

       (E)(5) Ensure that notices and advertisements displayed on 1813
the web site conform to the requirements that would apply to the 1814
notices and advertisements if they were being published in a 1815
newspaper, as directed in section 7.16 of the Revised Code or in 1816
the relevant provision of the statute or rule that requires the 1817
notice;1818

       (F)(6) Ensure that notices and advertisements continue to be 1819
displayed on the web site for not less than the length of time 1820
required by the relevant provision of the statute or rule that 1821
requires the notice or advertisement;1822

       (G) Devise and display on the web site a form that may be 1823
downloaded and used to request publication of a notice on the web 1824
site;1825

       (H) Enable responsible parties to submit notices and requests 1826
for their publication;1827

       (I)(7) Maintain an archive of notices and advertisements that 1828
no longer are displayed on the web site;1829

       (J)(8) Enable notices and advertisements, both those 1830
currently displayed and those archived, to be accessed by key 1831
word, by party name, by case number, by county, and by other 1832
useful identifiers;1833

       (K)(9) Maintain adequate systemic security and backup 1834
features, and develop and maintain a contingency plan for coping 1835
with and recovering from power outages, systemic failures, and 1836
other unforeseeable difficulties;1837

       (L) Maintain the web site in such a manner that it will not 1838
infringe legally protected interests, so that vulnerability of the 1839
web site to interruption because of litigation or the threat of 1840
litigation is reduced; and1841

       (M) Submit a status report to the secretary of state twice 1842
annually that demonstrates compliance with statutory requirements 1843
governing publication of notices.1844

       The office of information technology shall bear the expense 1845
of maintaining the state public notice web site domain name(10) 1846
Provide access to the web site to the publisher of any Ohio 1847
newspaper or daily law journal that qualifies under the Revised 1848
Code to publish notices and advertisements, for the posting of 1849
notices and advertisements at no cost, or for a reasonable, 1850
uniform fee for the service; and1851

       (11) Provide, if requested, a regularly scheduled feed or 1852
similar data transfer to the department of administrative services 1853
of notices and advertisements posted on the web site, provided 1854
that the operator of the web site shall not be required to provide 1855
the feed or transfer more often than once every business day.1856

       (B) An error in a notice or advertisement posted on the 1857
official public notice web site, or a temporary web site outage or 1858
service interruption preventing the posting or display of a notice 1859
or advertisement on that web site, does not constitute a defect in 1860
making legal publication of the notice or advertisement, and 1861
publication requirements shall be considered met if the notice or 1862
advertisement published in the newspaper or daily law journal is 1863
correct.1864

       (C) The official public notice web site shall not contain any 1865
political publications or political advertising described in 1866
division (A)(1)(a), (b), or (c) of section 3517.20 of the Revised 1867
Code.1868

       (D) The publisher of a newspaper of general circulation or of 1869
a daily law journal that maintains a web site shall include on its 1870
web site a link to the official public notice web site.1871

       Sec. 126.21.  (A) The director of budget and management shall 1872
do all of the following:1873

       (1) Keep all necessary accounting records;1874

       (2) Prescribe and maintain the accounting system of the state 1875
and establish appropriate accounting procedures and charts of 1876
accounts;1877

       (3) Establish procedures for the use of written, electronic, 1878
optical, or other communications media for approving and reviewing 1879
payment vouchers;1880

       (4) Reconcile, in the case of any variation between the 1881
amount of any appropriation and the aggregate amount of items of 1882
the appropriation, with the advice and assistance of the state 1883
agency affected by it and the legislative service commission, 1884
totals so as to correspond in the aggregate with the total 1885
appropriation. In the case of a conflict between the item and the 1886
total of which it is a part, the item shall be considered the 1887
intended appropriation.1888

       (5) Evaluate on an ongoing basis and, if necessary, recommend 1889
improvements to the internal controls used in state agencies;1890

       (6) Authorize the establishment of petty cash accounts. The 1891
director may withdraw approval for any petty cash account and 1892
require the officer in charge to return to the state treasury any 1893
unexpended balance shown by the officer's accounts to be on hand. 1894
Any officer who is issued a warrant for petty cash shall render a 1895
detailed account of the expenditures of the petty cash and shall 1896
report when requested the balance of petty cash on hand at any 1897
time.1898

       (7) Process orders, invoices, vouchers, claims, and payrolls 1899
and prepare financial reports and statements;1900

       (8) Perform extensions, reviews, and compliance checks prior 1901
to or after approving a payment as the director considers 1902
necessary;1903

       (9) Issue the official comprehensive annual financial report 1904
of the state. The report shall cover all funds of the state 1905
reporting entity and shall include basic financial statements and 1906
required supplementary information prepared in accordance with 1907
generally accepted accounting principles and other information as 1908
the director provides. All state agencies, authorities, 1909
institutions, offices, retirement systems, and other component 1910
units of the state reporting entity as determined by the director 1911
shall furnish the director whatever financial statements and other 1912
information the director requests for the report, in the form, at 1913
the times, covering the periods, and with the attestation the 1914
director prescribes. The information for state institutions of 1915
higher education, as defined in section 3345.011 of the Revised 1916
Code, shall be submitted to the chancellor by the Ohio board of 1917
regents. The board shall establish a due date by which each such 1918
institution shall submit the information to the board, but no such 1919
date shall be later than one hundred twenty days after the end of 1920
the state fiscal year unless a later date is approved by the 1921
director.1922

       (B) In addition to the director's duties under division (A) 1923
of this section, the director may establish and administer one or 1924
more state payment card programs that permit or require state 1925
agencies and political subdivisions to use a payment card to 1926
purchase equipment, materials, supplies, or services in accordance 1927
with guidelines issued by the director. The chief administrative 1928
officer of a state agency or political subdivision that uses a 1929
payment card for such purposes shall ensure that purchases made 1930
with the card are made in accordance with the guidelines issued by 1931
the director and do not exceed the unexpended, unencumbered, 1932
unobligated balance in the appropriation to be charged for the 1933
purchase. State agencies may participate in only those state1934
payment card programs that the director establishes pursuant to 1935
this section.1936

       (C) In addition to the director's duties under divisions (A) 1937
and (B) of this section, the director may enter into any contract 1938
or agreement necessary for and incidental to the performance of 1939
the director's duties or the duties of the office of budget and 1940
management.1941

       (D) In addition to the director's duties under divisions (A), 1942
(B), and (C) of this section, the director may operate a shared 1943
services center within the office of budget and management for the 1944
purpose of consolidating common business functions and 1945
transactional processes. The services offered by the shared 1946
services center may be provided to any state agency or political 1947
subdivision. In consultation with the director of administrative 1948
services, the director may appoint and fix the compensation of 1949
employees of the office of budget and management whose primary 1950
duties include the consolidation of statewide financingcommon 1951
business functions and common transactional processes.1952

       (E) The director may transfer cash between funds other than 1953
the general revenue fund in order to correct an erroneous payment 1954
or deposit regardless of the fiscal year during which the 1955
erroneous payment or deposit occurred.1956

       (F) As used in divisions (B) and (D) of this section:1957

       (1) "Political subdivision" has the same meaning as in 1958
section 2744.01 of the Revised Code.1959

       (2) "State agency" has the same meaning as in section 9.482 1960
of the Revised Code.1961

       Sec. 126.25.  The accounting and budgeting services provided 1962
by the director of budget and management under section 126.21 of 1963
the Revised Code shall be supported by user charges. The director 1964
shall determine a rate that is sufficient to defray the expense of 1965
those services and the manner by which those charges shall be 1966
collected. All money collected from userthe charges shall be 1967
deposited in the state treasury to the credit of the accounting 1968
and budgeting fund, which is hereby created. Rebates or revenue 1969
shares received from any state payment card program established 1970
under division (B) of section 126.21 of the Revised Code and 1971
miscellaneous payments that reimburse expenses paid from the 1972
accounting and budgeting fund may be deposited into the accounting 1973
and budgeting fund and used to support accounting and budgeting1974
the services provided by the director.1975

       Sec. 133.06.  (A) A school district shall not incur, without 1976
a vote of the electors, net indebtedness that exceeds an amount 1977
equal to one-tenth of one per cent of its tax valuation, except as 1978
provided in divisions (G) and (H) of this section and in division 1979
(C)(D) of section 3313.372 of the Revised Code, or as prescribed 1980
in section 3318.052 or 3318.44 of the Revised Code, or as provided 1981
in division (J) of this section.1982

       (B) Except as provided in divisions (E), (F), and (I) of this 1983
section, a school district shall not incur net indebtedness that 1984
exceeds an amount equal to nine per cent of its tax valuation.1985

       (C) A school district shall not submit to a vote of the 1986
electors the question of the issuance of securities in an amount 1987
that will make the district's net indebtedness after the issuance 1988
of the securities exceed an amount equal to four per cent of its 1989
tax valuation, unless the superintendent of public instruction, 1990
acting under policies adopted by the state board of education, and 1991
the tax commissioner, acting under written policies of the 1992
commissioner, consent to the submission. A request for the 1993
consents shall be made at least one hundred twenty days prior to 1994
the election at which the question is to be submitted.1995

       The superintendent of public instruction shall certify to the 1996
district the superintendent's and the tax commissioner's decisions 1997
within thirty days after receipt of the request for consents.1998

       If the electors do not approve the issuance of securities at 1999
the election for which the superintendent of public instruction 2000
and tax commissioner consented to the submission of the question, 2001
the school district may submit the same question to the electors 2002
on the date that the next special election may be held under 2003
section 3501.01 of the Revised Code without submitting a new 2004
request for consent. If the school district seeks to submit the 2005
same question at any other subsequent election, the district shall 2006
first submit a new request for consent in accordance with this 2007
division.2008

       (D) In calculating the net indebtedness of a school district, 2009
none of the following shall be considered:2010

       (1) Securities issued to acquire school buses and other 2011
equipment used in transporting pupils or issued pursuant to 2012
division (D) of section 133.10 of the Revised Code;2013

       (2) Securities issued under division (F) of this section, 2014
under section 133.301 of the Revised Code, and, to the extent in 2015
excess of the limitation stated in division (B) of this section, 2016
under division (E) of this section;2017

       (3) Indebtedness resulting from the dissolution of a joint 2018
vocational school district under section 3311.217 of the Revised 2019
Code, evidenced by outstanding securities of that joint vocational 2020
school district;2021

       (4) Loans, evidenced by any securities, received under 2022
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;2023

       (5) Debt incurred under section 3313.374 of the Revised Code;2024

       (6) Debt incurred pursuant to division (B)(5) of section 2025
3313.37 of the Revised Code to acquire computers and related 2026
hardware;2027

       (7) Debt incurred under section 3318.042 of the Revised Code.2028

       (E) A school district may become a special needs district as 2029
to certain securities as provided in division (E) of this section.2030

       (1) A board of education, by resolution, may declare its 2031
school district to be a special needs district by determining both 2032
of the following:2033

       (a) The student population is not being adequately serviced 2034
by the existing permanent improvements of the district.2035

       (b) The district cannot obtain sufficient funds by the 2036
issuance of securities within the limitation of division (B) of 2037
this section to provide additional or improved needed permanent 2038
improvements in time to meet the needs.2039

       (2) The board of education shall certify a copy of that 2040
resolution to the superintendent of public instruction with a 2041
statistical report showing all of the following:2042

       (a) The history of and a projection of the growth of the tax 2043
valuation;2044

       (b) The projected needs;2045

       (c) The estimated cost of permanent improvements proposed to 2046
meet such projected needs.2047

       (3) The superintendent of public instruction shall certify 2048
the district as an approved special needs district if the 2049
superintendent finds both of the following:2050

       (a) The district does not have available sufficient 2051
additional funds from state or federal sources to meet the 2052
projected needs.2053

       (b) The projection of the potential average growth of tax 2054
valuation during the next five years, according to the information 2055
certified to the superintendent and any other information the 2056
superintendent obtains, indicates a likelihood of potential 2057
average growth of tax valuation of the district during the next 2058
five years of an average of not less than one and one-half per 2059
cent per year. The findings and certification of the 2060
superintendent shall be conclusive.2061

       (4) An approved special needs district may incur net 2062
indebtedness by the issuance of securities in accordance with the 2063
provisions of this chapter in an amount that does not exceed an 2064
amount equal to the greater of the following:2065

       (a) Twelve per cent of the sum of its tax valuation plus an 2066
amount that is the product of multiplying that tax valuation by 2067
the percentage by which the tax valuation has increased over the 2068
tax valuation on the first day of the sixtieth month preceding the 2069
month in which its board determines to submit to the electors the 2070
question of issuing the proposed securities;2071

       (b) Twelve per cent of the sum of its tax valuation plus an 2072
amount that is the product of multiplying that tax valuation by 2073
the percentage, determined by the superintendent of public 2074
instruction, by which that tax valuation is projected to increase 2075
during the next ten years.2076

       (F) A school district may issue securities for emergency 2077
purposes, in a principal amount that does not exceed an amount 2078
equal to three per cent of its tax valuation, as provided in this 2079
division.2080

       (1) A board of education, by resolution, may declare an 2081
emergency if it determines both of the following:2082

       (a) School buildings or other necessary school facilities in 2083
the district have been wholly or partially destroyed, or condemned 2084
by a constituted public authority, or that such buildings or 2085
facilities are partially constructed, or so constructed or planned 2086
as to require additions and improvements to them before the 2087
buildings or facilities are usable for their intended purpose, or 2088
that corrections to permanent improvements are necessary to remove 2089
or prevent health or safety hazards.2090

       (b) Existing fiscal and net indebtedness limitations make 2091
adequate replacement, additions, or improvements impossible.2092

       (2) Upon the declaration of an emergency, the board of 2093
education may, by resolution, submit to the electors of the 2094
district pursuant to section 133.18 of the Revised Code the 2095
question of issuing securities for the purpose of paying the cost, 2096
in excess of any insurance or condemnation proceeds received by 2097
the district, of permanent improvements to respond to the 2098
emergency need.2099

       (3) The procedures for the election shall be as provided in 2100
section 133.18 of the Revised Code, except that:2101

       (a) The form of the ballot shall describe the emergency 2102
existing, refer to this division as the authority under which the 2103
emergency is declared, and state that the amount of the proposed 2104
securities exceeds the limitations prescribed by division (B) of 2105
this section;2106

       (b) The resolution required by division (B) of section 133.18 2107
of the Revised Code shall be certified to the county auditor and 2108
the board of elections at least one hundred days prior to the 2109
election;2110

       (c) The county auditor shall advise and, not later than 2111
ninety-five days before the election, confirm that advice by 2112
certification to, the board of education of the information 2113
required by division (C) of section 133.18 of the Revised Code;2114

       (d) The board of education shall then certify its resolution 2115
and the information required by division (D) of section 133.18 of 2116
the Revised Code to the board of elections not less than ninety 2117
days prior to the election.2118

       (4) Notwithstanding division (B) of section 133.21 of the 2119
Revised Code, the first principal payment of securities issued 2120
under this division may be set at any date not later than sixty 2121
months after the earliest possible principal payment otherwise 2122
provided for in that division.2123

       (G)(1) The board of education may contract with an architect, 2124
professional engineer, or other person experienced in the design 2125
and implementation of energy conservation measures for an analysis 2126
and recommendations pertaining to installations, modifications of 2127
installations, or remodeling that would significantly reduce 2128
energy consumption in buildings owned by the district. The report 2129
shall include estimates of all costs of such installations, 2130
modifications, or remodeling, including costs of design, 2131
engineering, installation, maintenance, repairs, and debt service, 2132
forgone residual value of materials or equipment replaced by the 2133
energy conservation measure, as defined by the Ohio school 2134
facilities commission, a baseline analysis of actual energy 2135
consumption data for the preceding three years with the utility 2136
baseline based on only the actual energy consumption data for the 2137
preceding twelve months, and estimates of the amounts by which 2138
energy consumption and resultant operational and maintenance 2139
costs, as defined by the commission, would be reduced.2140

       If the board finds after receiving the report that the amount 2141
of money the district would spend on such installations, 2142
modifications, or remodeling is not likely to exceed the amount of 2143
money it would save in energy and resultant operational and 2144
maintenance costs over the ensuing fifteen years, the board may 2145
submit to the commission a copy of its findings and a request for 2146
approval to incur indebtedness to finance the making or 2147
modification of installations or the remodeling of buildings for 2148
the purpose of significantly reducing energy consumption.2149

        The school facilities commission, in consultation with the 2150
auditor of state, may deny a request under this division by the 2151
board of education any school district is in a state of fiscal 2152
watch pursuant to division (A) of section 3316.03 of the Revised 2153
Code, if it determines that the expenditure of funds is not in the 2154
best interest of the school district.2155

       No district board of education of a school district that is 2156
in a state of fiscal emergency pursuant to division (B) of section 2157
3316.03 of the Revised Code shall submit a request without 2158
submitting evidence that the installations, modifications, or 2159
remodeling have been approved by the district's financial planning 2160
and supervision commission established under section 3316.05 of 2161
the Revised Code.2162

       No board of education of a school district that, for three or 2163
more consecutive years, has been declared to be in a state of 2164
academic emergency under section 3302.03 of the Revised Code, as 2165
that section existed prior to March 22, 2013, and has failed to 2166
meet adequate yearly progress, or has met any condition set forth 2167
in division (A)(2), (3), or (4) of section 3302.10 of the Revised 2168
Code shall submit a request without first receiving approval to 2169
incur indebtedness from the district's academic distress 2170
commission established under that section, for so long as such 2171
commission continues to be required for the district.2172

       (2) The school facilities commission shall approve the 2173
board's request provided that the following conditions are 2174
satisfied:2175

       (a) The commission determines that the board's findings are 2176
reasonable.2177

       (b) The request for approval is complete.2178

       (c) The installations, modifications, or remodeling are 2179
consistent with any project to construct or acquire classroom 2180
facilities, or to reconstruct or make additions to existing 2181
classroom facilities under sections 3318.01 to 3318.20 or sections 2182
3318.40 to 3318.45 of the Revised Code.2183

       Upon receipt of the commission's approval, the district may 2184
issue securities without a vote of the electors in a principal 2185
amount not to exceed nine-tenths of one per cent of its tax 2186
valuation for the purpose of making such installations, 2187
modifications, or remodeling, but the total net indebtedness of 2188
the district without a vote of the electors incurred under this 2189
and all other sections of the Revised Code, except section 2190
3318.052 of the Revised Code, shall not exceed one per cent of the 2191
district's tax valuation.2192

       (3) So long as any securities issued under this division 2193
remain outstanding, the board of education shall monitor the 2194
energy consumption and resultant operational and maintenance costs 2195
of buildings in which installations or modifications have been 2196
made or remodeling has been done pursuant to this division and 2197
shall maintain and annually update a report documenting the 2198
reductions in energy consumption and resultant operational and 2199
maintenance cost savings attributable to such installations, 2200
modifications, or remodeling. The report shall be certified by an 2201
architect or engineer independent of any person that provided 2202
goods or services to the board in connection with the energy 2203
conservation measures that are the subject of the report. The 2204
resultant operational and maintenance cost savings shall be 2205
certified by the school district treasurer. The report shall be 2206
submitted annually to the commission.2207

       (H) With the consent of the superintendent of public 2208
instruction, a school district may incur without a vote of the 2209
electors net indebtedness that exceeds the amounts stated in 2210
divisions (A) and (G) of this section for the purpose of paying 2211
costs of permanent improvements, if and to the extent that both of 2212
the following conditions are satisfied:2213

       (1) The fiscal officer of the school district estimates that 2214
receipts of the school district from payments made under or 2215
pursuant to agreements entered into pursuant to section 725.02, 2216
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 2217
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 2218
Code, or distributions under division (C) of section 5709.43 of 2219
the Revised Code, or any combination thereof, are, after 2220
accounting for any appropriate coverage requirements, sufficient 2221
in time and amount, and are committed by the proceedings, to pay 2222
the debt charges on the securities issued to evidence that 2223
indebtedness and payable from those receipts, and the taxing 2224
authority of the district confirms the fiscal officer's estimate, 2225
which confirmation is approved by the superintendent of public 2226
instruction;2227

       (2) The fiscal officer of the school district certifies, and 2228
the taxing authority of the district confirms, that the district, 2229
at the time of the certification and confirmation, reasonably 2230
expects to have sufficient revenue available for the purpose of 2231
operating such permanent improvements for their intended purpose 2232
upon acquisition or completion thereof, and the superintendent of 2233
public instruction approves the taxing authority's confirmation.2234

       The maximum maturity of securities issued under division (H) 2235
of this section shall be the lesser of twenty years or the maximum 2236
maturity calculated under section 133.20 of the Revised Code.2237

       (I) A school district may incur net indebtedness by the 2238
issuance of securities in accordance with the provisions of this 2239
chapter in excess of the limit specified in division (B) or (C) of 2240
this section when necessary to raise the school district portion 2241
of the basic project cost and any additional funds necessary to 2242
participate in a project under Chapter 3318. of the Revised Code, 2243
including the cost of items designated by the Ohio school 2244
facilities commission as required locally funded initiatives, the 2245
cost of other locally funded initiatives in an amount that does 2246
not exceed fifty per cent of the district's portion of the basic 2247
project cost, and the cost for site acquisition. The school 2248
facilities commission shall notify the superintendent of public 2249
instruction whenever a school district will exceed either limit 2250
pursuant to this division.2251

       (J) A school district whose portion of the basic project cost 2252
of its classroom facilities project under sections 3318.01 to 2253
3318.20 of the Revised Code is greater than or equal to one 2254
hundred million dollars may incur without a vote of the electors 2255
net indebtedness in an amount up to two per cent of its tax 2256
valuation through the issuance of general obligation securities in 2257
order to generate all or part of the amount of its portion of the 2258
basic project cost if the controlling board has approved the 2259
school facilities commission's conditional approval of the project 2260
under section 3318.04 of the Revised Code. The school district 2261
board and the Ohio school facilities commission shall include the 2262
dedication of the proceeds of such securities in the agreement 2263
entered into under section 3318.08 of the Revised Code. No state 2264
moneys shall be released for a project to which this section 2265
applies until the proceeds of any bonds issued under this section 2266
that are dedicated for the payment of the school district portion 2267
of the project are first deposited into the school district's 2268
project construction fund.2269

       Sec. 133.07.  (A) A county shall not incur, without a vote of 2270
the electors, either of the following:2271

       (1) Net indebtedness for all purposes that exceeds an amount 2272
equal to one per cent of its tax valuation;2273

       (2) Net indebtedness for the purpose of paying the county's 2274
share of the cost of the construction, improvement, maintenance, 2275
or repair of state highways that exceeds an amount equal to 2276
one-half of one per cent of its tax valuation.2277

       (B) A county shall not incur total net indebtedness that 2278
exceeds an amount equal to one of the following limitations that 2279
applies to the county:2280

       (1) A county with a valuation not exceeding one hundred 2281
million dollars, three per cent of that tax valuation;2282

       (2) A county with a tax valuation exceeding one hundred 2283
million dollars but not exceeding three hundred million dollars, 2284
three million dollars plus one and one-half per cent of that tax 2285
valuation in excess of one hundred million dollars;2286

       (3) A county with a tax valuation exceeding three hundred 2287
million dollars, six million dollars plus two and one-half per 2288
cent of that tax valuation in excess of three hundred million 2289
dollars.2290

       (C) In calculating the net indebtedness of a county, none of 2291
the following securities shall be considered:2292

       (1) Securities described in section 307.201 of the Revised 2293
Code;2294

       (2) Self-supporting securities issued for any purposes, 2295
including, but not limited to, any of the following general 2296
purposes:2297

       (a) Water systems or facilities;2298

       (b) Sanitary sewerage systems or facilities, or surface and 2299
storm water drainage and sewerage systems or facilities, or a 2300
combination of those systems or facilities;2301

       (c) County or joint county scrap tire collection, storage, 2302
monocell, monofill, or recovery facilities, or any combination of 2303
those facilities;2304

       (d) Off-street parking lots, facilities, or buildings, or 2305
on-street parking facilities, or any combination of off-street and 2306
on-street parking facilities;2307

       (e) Facilities for the care or treatment of the sick or 2308
infirm, and for housing the persons providing that care or 2309
treatment and their families;2310

       (f) Recreational, sports, convention, auditorium, museum, 2311
trade show, and other public attraction facilities;2312

       (g) Facilities for natural resources exploration, 2313
development, recovery, use, and sale;2314

       (h) Correctional and detention facilities and related 2315
rehabilitation facilities.2316

       (3) Securities issued for the purpose of purchasing, 2317
constructing, improving, or extending water or sanitary or surface 2318
and storm water sewerage systems or facilities, or a combination 2319
of those systems or facilities, to the extent that an agreement 2320
entered into with another subdivision requires the other 2321
subdivision to pay to the county amounts equivalent to debt 2322
charges on the securities;2323

       (4) Voted general obligation securities issued for the 2324
purpose of permanent improvements for sanitary sewerage or water 2325
systems or facilities to the extent that the total principal 2326
amount of voted securities outstanding for the purpose does not 2327
exceed an amount equal to two per cent of the county's tax 2328
valuation;2329

       (5) Securities issued for permanent improvements to house 2330
agencies, departments, boards, or commissions of the county or of 2331
any municipal corporation located, in whole or in part, in the 2332
county, to the extent that the revenues, other than revenues from 2333
unvoted county property taxes, derived from leases or other 2334
agreements between the county and those agencies, departments, 2335
boards, commissions, or municipal corporations relating to the use 2336
of the permanent improvements are sufficient to cover the cost of 2337
all operating expenses of the permanent improvements paid by the 2338
county and debt charges on the securities;2339

       (6) Securities issued pursuant to section 133.08 of the 2340
Revised Code;2341

       (7) Securities issued for the purpose of acquiring or 2342
constructing roads, highways, bridges, or viaducts, for the 2343
purpose of acquiring or making other highway permanent 2344
improvements, or for the purpose of procuring and maintaining 2345
computer systems for the office of the clerk of any 2346
county-operated municipal court, for the office of the clerk of 2347
the court of common pleas, or for the office of the clerk of the 2348
probate, juvenile, or domestic relations division of the court of 2349
common pleas to the extent that the legislation authorizing the 2350
issuance of the securities includes a covenant to appropriate from 2351
moneys distributed to the county pursuant to division (B) of 2352
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 2353
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 2354
sufficient amount to cover debt charges on and financing costs 2355
relating to the securities as they become due;2356

       (8) Securities issued for the purpose of acquiring, 2357
constructing, improving, and equipping a county, multicounty, or 2358
multicounty-municipal jail, workhouse, juvenile detention 2359
facility, or correctional facility;2360

       (9) Securities issued for the acquisition, construction, 2361
equipping, or repair of any permanent improvement or any class or 2362
group of permanent improvements enumerated in a resolution adopted 2363
pursuant to division (D) of section 5739.026 of the Revised Code 2364
to the extent that the legislation authorizing the issuance of the 2365
securities includes a covenant to appropriate from moneys received 2366
from the taxes authorized under section 5739.023 and division 2367
(A)(5) of section 5739.026 of the Revised Code an amount 2368
sufficient to pay debt charges on the securities and those moneys 2369
shall be pledged for that purpose;2370

       (10) Securities issued for county or joint county solid waste 2371
or hazardous waste collection, transfer, or disposal facilities, 2372
or resource recovery and solid or hazardous waste recycling 2373
facilities, or any combination of those facilities;2374

       (11) Securities issued for the acquisition, construction, and 2375
equipping of a port authority educational and cultural facility 2376
under section 307.671 of the Revised Code;2377

       (12) Securities issued for the acquisition, construction, 2378
equipping, and improving of a municipal educational and cultural 2379
facility under division (B)(1) of section 307.672 of the Revised 2380
Code;2381

       (13) Securities issued for energy conservation measures under 2382
section 307.041 of the Revised Code;2383

       (14) Securities issued for the acquisition, construction, 2384
equipping, improving, or repair of a sports facility, including 2385
obligations issued to pay costs of a sports facility under section 2386
307.673 of the Revised Code;2387

       (15) Securities issued under section 755.17 of the Revised 2388
Code if the legislation authorizing issuance of the securities 2389
includes a covenant to appropriate from revenue received from a 2390
tax authorized under division (A)(5) of section 5739.026 and 2391
section 5741.023 of the Revised Code an amount sufficient to pay 2392
debt charges on the securities, and the board of county 2393
commissioners pledges that revenue for that purpose, pursuant to 2394
section 755.171 of the Revised Code;2395

       (16) Sales tax supported bonds issued pursuant to section 2396
133.081 of the Revised Code for the purpose of acquiring, 2397
constructing, improving, or equipping any permanent improvement to 2398
the extent that the legislation authorizing the issuance of the 2399
sales tax supported bonds pledges county sales taxes to the 2400
payment of debt charges on the sales tax supported bonds and 2401
contains a covenant to appropriate from county sales taxes a 2402
sufficient amount to cover debt charges or the financing costs 2403
related to the sales tax supported bonds as they become due;2404

       (17) Bonds or notes issued under section 133.60 of the 2405
Revised Code if the legislation authorizing issuance of the bonds 2406
or notes includes a covenant to appropriate from revenue received 2407
from a tax authorized under division (A)(9) of section 5739.026 2408
and section 5741.023 of the Revised Code an amount sufficient to 2409
pay the debt charges on the bonds or notes, and the board of 2410
county commissioners pledges that revenue for that purpose;2411

       (18) Securities issued under section 3707.55 of the Revised 2412
Code for the acquisition of real property by a general health 2413
district;2414

       (19) Securities issued under division (A)(3) of section 2415
3313.37 of the Revised Code for the acquisition of real and 2416
personal property by an educational service center;2417

       (20) Securities issued for the purpose of paying the costs of 2418
acquiring, constructing, reconstructing, renovating, 2419
rehabilitating, expanding, adding to, equipping, furnishing, or 2420
otherwise improving an arena, convention center, or a combination 2421
of an arena and convention center under section 307.695 of the 2422
Revised Code;2423

       (21) Securities issued for the purpose of paying project 2424
costs under section 307.678 of the Revised Code.2425

       (D) In calculating the net indebtedness of a county, no 2426
obligation incurred under division (F) of section 339.06 of the 2427
Revised Code shall be considered.2428

       Sec. 149.311.  (A) As used in this section:2429

       (1) "Historic building" means a building, including its 2430
structural components, that is located in this state and that is 2431
either individually listed on the national register of historic 2432
places under 16 U.S.C. 470a, located in a registered historic 2433
district, and certified by the state historic preservation officer 2434
as being of historic significance to the district, or is 2435
individually listed as an historic landmark designated by a local 2436
government certified under 16 U.S.C. 470a(c).2437

       (2) "Qualified rehabilitation expenditures" means 2438
expenditures paid or incurred during the rehabilitation period, 2439
and before and after that period as determined under 26 U.S.C. 47, 2440
by an owner or qualified lessee of an historic building to 2441
rehabilitate the building. "Qualified rehabilitation expenditures" 2442
includes architectural or engineering fees paid or incurred in 2443
connection with the rehabilitation, and expenses incurred in the 2444
preparation of nomination forms for listing on the national 2445
register of historic places. "Qualified rehabilitation 2446
expenditures" does not include any of the following:2447

       (a) The cost of acquiring, expanding, or enlarging an 2448
historic building;2449

       (b) Expenditures attributable to work done to facilities 2450
related to the building, such as parking lots, sidewalks, and 2451
landscaping;2452

       (c) New building construction costs.2453

       (3) "Owner" of an historic building means a person holding 2454
the fee simple interest in the building. "Owner" does not include 2455
the state or a state agency, or any political subdivision as 2456
defined in section 9.23 of the Revised Code.2457

       (4) "Qualified lessee" means a person subject to a lease 2458
agreement for an historic building and eligible for the federal 2459
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" 2460
does not include the state or a state agency or political 2461
subdivision as defined in section 9.23 of the Revised Code.2462

       (5) "Certificate owner" means the owner or qualified lessee 2463
of an historic building to which a rehabilitation tax credit 2464
certificate was issued under this section.2465

       (6) "Registered historic district" means an historic district 2466
listed in the national register of historic places under 16 U.S.C. 2467
470a, an historic district designated by a local government 2468
certified under 16 U.S.C. 470a(c), or a local historic district 2469
certified under 36 C.F.R. 67.8 and 67.9.2470

       (7) "Rehabilitation" means the process of repairing or 2471
altering an historic building or buildings, making possible an 2472
efficient use while preserving those portions and features of the 2473
building and its site and environment that are significant to its 2474
historic, architectural, and cultural values.2475

       (8) "Rehabilitation period" means one of the following:2476

       (a) If the rehabilitation initially was not planned to be 2477
completed in stages, a period chosen by the owner or qualified 2478
lessee not to exceed twenty-four months during which 2479
rehabilitation occurs;2480

       (b) If the rehabilitation initially was planned to be 2481
completed in stages, a period chosen by the owner or qualified 2482
lessee not to exceed sixty months during which rehabilitation 2483
occurs. Each stage shall be reviewed as a phase of a 2484
rehabilitation as determined under 26 C.F.R. 1.48-12 or a 2485
successor to that section.2486

       (9) "State historic preservation officer" or "officer" means 2487
the state historic preservation officer appointed by the governor 2488
under 16 U.S.C. 470a.2489

       (10) "Catalytic project" means the rehabilitation of an 2490
historic building, the rehabilitation of which will foster 2491
economic development within two thousand five hundred feet of the 2492
historic building. 2493

       (B) The owner or qualified lessee of an historic building may 2494
apply to the director of development services for a rehabilitation 2495
tax credit certificate for qualified rehabilitation expenditures 2496
paid or incurred by such owner or qualified lessee after April 4, 2497
2007, for rehabilitation of an historic building. If the owner of 2498
an historic building enters a pass-through agreement with a 2499
qualified lessee for the purposes of the federal rehabilitation 2500
tax credit under 26 U.S.C. 47, the qualified rehabilitation 2501
expenditures paid or incurred by the owner after April 4, 2007, 2502
may be attributed to the qualified lessee.2503

       The form and manner of filing such applications shall be 2504
prescribed by rule of the director. Each application shall state 2505
the amount of qualified rehabilitation expenditures the applicant 2506
estimates will be paid or incurred. The director may require 2507
applicants to furnish documentation of such estimates.2508

       The director, after consultation with the tax commissioner 2509
and in accordance with Chapter 119. of the Revised Code, shall 2510
adopt rules that establish all of the following:2511

        (1) Forms and procedures by which applicants may apply for 2512
rehabilitation tax credit certificates;2513

        (2) Criteria for reviewing, evaluating, and approving 2514
applications for certificates within the limitations under 2515
division (D) of this section, criteria for assuring that the 2516
certificates issued encompass a mixture of high and low qualified 2517
rehabilitation expenditures, and criteria for issuing certificates 2518
under division (C)(3)(b) of this section;2519

        (3) Eligibility requirements for obtaining a certificate 2520
under this section;2521

        (4) The form of rehabilitation tax credit certificates;2522

        (5) Reporting requirements and monitoring procedures;2523

        (6) Procedures and criteria for conducting cost-benefit 2524
analyses of historic buildings that are the subjects of 2525
applications filed under this section. The purpose of a 2526
cost-benefit analysis shall be to determine whether rehabilitation 2527
of the historic building will result in a net revenue gain in 2528
state and local taxes once the building is used.2529

       (7) Any other rules necessary to implement and administer 2530
this section.2531

       (C) The director of development services shall review the 2532
applications with the assistance of the state historic 2533
preservation officer and determine whether all of the following 2534
criteria are met:2535

       (1) That the building that is the subject of the application 2536
is an historic building and the applicant is the owner or 2537
qualified lessee of the building;2538

       (2) That the rehabilitation will satisfy standards prescribed 2539
by the United States secretary of the interior under 16 U.S.C. 2540
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 2541
that section;2542

       (3) That receiving a rehabilitation tax credit certificate 2543
under this section is a major factor in:2544

       (a) The applicant's decision to rehabilitate the historic 2545
building; or2546

       (b) To increase the level of investment in such 2547
rehabilitation.2548

       An applicant shall demonstrate to the satisfaction of the 2549
state historic preservation officer and director of development 2550
services that the rehabilitation will satisfy the standards 2551
described in division (C)(2) of this section before the applicant 2552
begins the physical rehabilitation of the historic building.2553

       (D)(1) If the director of development services determines 2554
that an application meets the criteria in divisions (C)(1), (2), 2555
and (3) of this section, the director shall conduct a cost-benefit 2556
analysis for the historic building that is the subject of the 2557
application to determine whether rehabilitation of the historic 2558
building will result in a net revenue gain in state and local 2559
taxes once the building is used. The director shall consider the 2560
results of the cost-benefit analysis in determining whether to 2561
approve the application. The director shall also consider the 2562
potential economic impact and the regional distributive balance of 2563
the credits throughout the state. The director may approve an 2564
application only after completion of the cost-benefit analysis.2565

       (2) A rehabilitation tax credit certificate shall not be 2566
issued for an amount greater than the estimated amount furnished 2567
by the applicant on the application for such certificate and 2568
approved by the director. The director shall not approve more than 2569
a total of sixty million dollars of rehabilitation tax credits per 2570
fiscal year but the director may reallocate unused tax credits 2571
from a prior fiscal year for new applicants and such reallocated 2572
credits shall not apply toward the dollar limit of this division.2573

       (3) For rehabilitations with a rehabilitation period not 2574
exceeding twenty-four months as provided in division (A)(7)(8)(a) 2575
of this section, a rehabilitation tax credit certificate shall not 2576
be issued before the rehabilitation of the historic building is 2577
completed.2578

       (4) For rehabilitations with a rehabilitation period not 2579
exceeding sixty months as provided in division (A)(7)(8)(b) of 2580
this section, a rehabilitation tax credit certificate shall not be 2581
issued before a stage of rehabilitation is completed. After all 2582
stages of rehabilitation are completed, if the director cannot 2583
determine that the criteria in division (C) of this section are 2584
satisfied for all stages of rehabilitations, the director shall 2585
certify this finding to the tax commissioner, and any 2586
rehabilitation tax credits received by the applicant shall be 2587
repaid by the applicant and may be collected by assessment as 2588
unpaid tax by the commissioner.2589

        (5) The director of development services shall require the 2590
applicant to provide a third-party cost certification by a 2591
certified public accountant of the actual costs attributed to the 2592
rehabilitation of the historic building when qualified 2593
rehabilitation expenditures exceed two hundred thousand dollars.2594

        If an applicant whose application is approved for receipt of 2595
a rehabilitation tax credit certificate fails to provide to the 2596
director sufficient evidence of reviewable progress, including a 2597
viable financial plan, copies of final construction drawings, and 2598
evidence that the applicant has obtained all historic approvals 2599
within twelve months after the date the applicant received 2600
notification of approval, and if the applicant fails to provide 2601
evidence to the director that the applicant has secured and closed 2602
on financing for the rehabilitation within eighteen months after 2603
receiving notification of approval, the director may rescind the 2604
approval of the application. The director shall notify the 2605
applicant if the approval has been rescinded. Credits that would 2606
have been available to an applicant whose approval was rescinded 2607
shall be available for other qualified applicants. Nothing in this 2608
division prohibits an applicant whose approval has been rescinded 2609
from submitting a new application for a rehabilitation tax credit 2610
certificate.2611

       (6) The director of development services may approve the 2612
application of, and issue a rehabilitation tax credit certificate 2613
to, the owner of a catalytic project, provided the application 2614
otherwise meets the criteria described in divisions (C) and (D) of 2615
this section. The director may not issue more than one 2616
rehabilitation tax credit certificate under division (D)(6) of 2617
this section during each state fiscal biennium. The director shall 2618
consider the following criteria in determining whether to issue a 2619
certificate under division (D)(6) of this section:2620

        (a) Whether the historic building is a catalytic project; 2621

       (b) The effect issuance of the certificate would have on the 2622
availability of credits for other applicants that qualify for a 2623
credit certificate within the credit dollar limit described in 2624
division (D)(2) of this section; 2625

       (c) The number of jobs, if any, the catalytic project will 2626
create.2627

       (7)(a) The owner or qualified lessee of a historic building 2628
may apply for a rehabilitation tax credit certificate under both 2629
divisions (B) and (D)(6) of this section. In such a case, the 2630
director of development services shall consider each application 2631
at the time the application is submitted.2632

       (b) The director of development services shall not issue more 2633
than one certificate under this section with respect to the same 2634
qualified rehabilitation expenditures.2635

        (E) Issuance of a certificate represents a finding by the 2636
director of development services of the matters described in 2637
divisions (C)(1), (2), and (3) of this section only; issuance of a 2638
certificate does not represent a verification or certification by 2639
the director of the amount of qualified rehabilitation 2640
expenditures for which a tax credit may be claimed under section 2641
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the 2642
Revised Code. The amount of qualified rehabilitation expenditures 2643
for which a tax credit may be claimed is subject to inspection and 2644
examination by the tax commissioner or employees of the 2645
commissioner under section 5703.19 of the Revised Code and any 2646
other applicable law. Upon the issuance of a certificate, the 2647
director shall certify to the tax commissioner, in the form and 2648
manner requested by the tax commissioner, the name of the 2649
applicant, the amount of qualified rehabilitation expenditures 2650
shown on the certificate, and any other information required by 2651
the rules adopted under this section.2652

       (F)(1) On or before the first day of April each year, the 2653
director of development services and tax commissioner jointly 2654
shall submit to the president of the senate and the speaker of the 2655
house of representatives a report on the tax credit program 2656
established under this section and sections 5725.151, 5725.34, 2657
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The 2658
report shall present an overview of the program and shall include 2659
information on the number of rehabilitation tax credit 2660
certificates issued under this section during the preceding fiscal 2661
year, an update on the status of each historic building for which 2662
an application was approved under this section, the dollar amount 2663
of the tax credits granted under sections 5725.151, 5725.34, 2664
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and 2665
any other information the director and commissioner consider 2666
relevant to the topics addressed in the report.2667

        (2) On or before December 1, 2015, the director of 2668
development services and tax commissioner jointly shall submit to 2669
the president of the senate and the speaker of the house of 2670
representatives a comprehensive report that includes the 2671
information required by division (F)(1) of this section and a 2672
detailed analysis of the effectiveness of issuing tax credits for 2673
rehabilitating historic buildings. The report shall be prepared 2674
with the assistance of an economic research organization jointly 2675
chosen by the director and commissioner.2676

       (G) There is hereby created in the state treasury the 2677
historic rehabilitation tax credit operating fund. The director of 2678
development services is authorized to charge reasonable 2679
application and other fees in connection with the administration 2680
of tax credits authorized by this section and sections 5725.151, 2681
5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 of the 2682
Revised Code. Any such fees collected shall be credited to the 2683
fund and used to pay reasonable costs incurred by the department 2684
of development services in administering this section and sections 2685
5725.151, 5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 2686
of the Revised Code.2687

       The Ohio historic preservation office is authorized to charge 2688
reasonable fees in connection with its review and approval of 2689
applications under this section. Any such fees collected shall be 2690
credited to the fund and used to pay administrative costs incurred 2691
by the Ohio historic preservation office pursuant to this section.2692

       (H) Notwithstanding sections 5725.151, 5725.34, 5726.52, 2693
5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate 2694
owner of a tax credit certificate issued under division (D)(6) of 2695
this section may claim a tax credit equal to twenty-five per cent 2696
of the dollar amount indicated on the certificate for a total 2697
credit of not more than twenty-five million dollars. The credit 2698
claimed by such a certificate owner for any calendar year, tax 2699
year, or taxable year under section 5725.151, 5725.34, 5726.52, 2700
5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed 2701
five million dollars. If the certificate owner is eligible for 2702
more than five million dollars in total credits, the certificate 2703
owner may carry forward the balance of the credit in excess of the 2704
amount claimed for that year for not more than five ensuing 2705
calendar years, tax years, or taxable years. If the credit claimed 2706
in any calendar year, tax year, or taxable year exceeds the tax 2707
otherwise due, the excess shall be refunded to the taxpayer.2708

       Sec. 149.38.  (A) Except as otherwise provided in section 2709
307.847 of the Revised Code, there is hereby created in each 2710
county a county records commission, composed of a member of the 2711
board of county commissioners as chairperson, the prosecuting 2712
attorney, the auditor, the recorder, and the clerk of the court of 2713
common pleas. The commission shall appoint a secretary, who may or 2714
may not be a member of the commission and who shall serve at the 2715
pleasure of the commission. The commission may employ an archivist 2716
or records manager to serve under its direction. The commission 2717
shall meet at least once every six months and upon the call of the 2718
chairperson.2719

       (B)(1) The functions of the county records commission shall 2720
be to provide rules for retention and disposal of records of the 2721
county, and to review applications for one-time disposal of 2722
obsolete records and schedules of records retention and 2723
disposition submitted by county offices. The commission may 2724
dispose of records pursuant to the procedure outlined in this 2725
section. The commission, at any time, may review any schedule it 2726
has previously approved and, for good cause shown, may revise that 2727
schedule, subject to division (D) of this section.2728

       (2)(a) As used in division (B)(2) of this section, "paper 2729
case records" means written reports of child abuse or neglect, 2730
written records of investigations, or other written records 2731
required to be prepared under section 2151.421, 5101.13, 5153.166, 2732
or 5153.17 of the Revised Code. 2733

       (b) A county public children services agency may submit to 2734
the county records commission applications for one-time disposal, 2735
or schedules of records retention and disposition, of paper case 2736
records that have been entered into permanently maintained and 2737
retrievable fields in the state automated child welfare 2738
information system established under section 5101.13 of the 2739
Revised Code or entered into other permanently maintained and 2740
retrievable electronic files. The county records commission may 2741
dispose of the paper case records pursuant to the procedure 2742
outlined in this section. 2743

       (C)(1) When the county records commission has approved any 2744
county application for one-time disposal of obsolete records or 2745
any schedule of records retention and disposition, the commission 2746
shall send that application or schedule to the Ohio historical 2747
society for its review. The Ohio historical society shall review 2748
the application or schedule within a period of not more than sixty 2749
days after its receipt of it. During the sixty-day review period, 2750
the Ohio historical society may select for its custody from the 2751
application for one-time disposal of obsolete records any records 2752
it considers to be of continuing historical value, and shall 2753
denote upon any schedule of records retention and disposition any 2754
records for which the Ohio historical society will require a 2755
certificate of records disposal prior to their disposal.2756

       (2) Upon completion of its review, the Ohio historical 2757
society shall forward the application for one-time disposal of 2758
obsolete records or the schedule of records retention and 2759
disposition to the auditor of state for the auditor's approval or 2760
disapproval. The auditor of state shall approve or disapprove the 2761
application or schedule within a period of not more than sixty 2762
days after receipt of it. 2763

       (3) Before public records are to be disposed of pursuant to 2764
an approved schedule of records retention and disposition, the 2765
county records commission shall inform the Ohio historical society 2766
of the disposal through the submission of a certificate of records 2767
disposal for only the records required by the schedule to be 2768
disposed of and shall give the society the opportunity for a 2769
period of fifteen business days to select for its custody those 2770
records, from the certificate submitted, that it considers to be 2771
of continuing historical value. Upon the expiration of the 2772
fifteen-business-day period, the county records commission also 2773
shall notify the public libraries, county historical society, 2774
state universities, and other public or quasi-public institutions, 2775
agencies, or corporations in the county that have provided the 2776
commission with their name and address for these notification 2777
purposes, that the commission has informed the Ohio historical 2778
society of the records disposal and that the notified entities, 2779
upon written agreement with the Ohio historical society pursuant 2780
to section 149.31 of the Revised Code, may select records of 2781
continuing historical value, including records that may be 2782
distributed to any of the notified entities under section 149.31 2783
of the Revised Code. Any notified entity that notifies the county 2784
records commission of its intent to review and select records of 2785
continuing historical value from certificates of records disposal 2786
is responsible for the cost of any notice given and for the 2787
transportation of those records.2788

       (D) The rules of the county records commission shall include 2789
a rule that requires any receipts, checks, vouchers, or other 2790
similar records pertaining to expenditures from the delinquent tax 2791
and assessment collection fund created in section 321.261 of the 2792
Revised Code, from the real estate assessment fund created in 2793
section 325.31 of the Revised Code, or from amounts allocated for 2794
the furtherance of justice to the county sheriff under section 2795
325.071 of the Revised Code or to the prosecuting attorney under 2796
section 325.12 of the Revised Code to be retained for at least 2797
four years.2798

       (E) No person shall knowingly violate the rule adopted under 2799
division (D) of this section. Whoever violates that rule is guilty 2800
of a misdemeanor of the first degree.2801

       Sec. 153.56. (A) Any person to whom any money is due for 2802
labor or work performed or materials furnished in a public 2803
improvement as provided in section 153.54 of the Revised Code, at 2804
any time after performing the labor or work or furnishing the 2805
materials, but not later than ninety days after the completion of 2806
the contract by the principal contractor or design-build firm and 2807
the acceptance of the public improvement for which the bond was 2808
provided by the duly authorized board or officer, shall furnish 2809
the sureties on the bond, a statement of the amount due to the 2810
person.2811

       (B) A suit shall not be brought against sureties on the bond 2812
until after sixty days after the furnishing of the statement 2813
described in division (A) of this section. If the indebtedness is 2814
not paid in full at the expiration of that sixty days, and if the 2815
person complies with division (C) of this section, the person may 2816
bring an action in the person's own name upon the bond, as 2817
provided in sections 2307.06 and 2307.07 of the Revised Code, that 2818
action to be commenced, notwithstanding section 2305.12 of the 2819
Revised Code, not later than one year from the date of acceptance 2820
of the public improvement for which the bond was provided.2821

       (C) To exercise rights under this section, a subcontractor or 2822
materials supplier supplying labor or materials that cost more 2823
than thirty thousand dollars, who is not in direct privity of 2824
contract with the principal contractor or design-build firm for 2825
the public improvement, shall serve a notice of furnishing upon 2826
the principal contractor or design-build firm in the form provided 2827
in section 1311.261 of the Revised Code.2828

       (D) A subcontractor or materials supplier who serves a notice 2829
of furnishing under division (C) of this section as required to 2830
exercise rights under this section has the right of recovery only 2831
as to amounts owed for labor and work performed and materials 2832
furnished during and after the twenty-one days immediately 2833
preceding service of the notice of furnishing.2834

       (E) For purposes of this section:2835

       (1) "Design-build firm" has the same meaning as in section 2836
153.65 of the Revised Code.2837

       (2) "Principal contractor" has the same meaning as in section 2838
1311.25 of the Revised Code, and may include a "construction 2839
manager" and a "construction manager at risk" as defined in 2840
section 9.33 of the Revised Code.2841

       Sec. 156.03.  (A) If the executive director of the Ohio 2842
facilities construction commission wishes to enter into an 2843
installment payment contract pursuant to section 156.04 of the 2844
Revised Code or any other contract to implement one or more energy 2845
or water saving measures, the executive director may proceed under 2846
Chapter 153. of the Revised Code, or, alternatively, the executive 2847
director may request the controlling board to exempt the contract 2848
from Chapter 153. of the Revised Code.2849

       A surety bond furnished pursuant to section 153.54 of the 2850
Revised Code shall not secure obligations related to energy or 2851
water savings as referenced in division (D) of this section.2852

       If the controlling board by a majority vote approves an 2853
exemption, that chapter shall not apply to the contract and 2854
instead the executive director shall request proposals from at 2855
least three parties for the implementation of the energy or water 2856
saving measures. Prior to providing any interested party a copy of 2857
any such request, the executive director shall advertise, in a 2858
newspaper of general circulation in the county where the contract 2859
is to be performed, and may advertise by electronic means pursuant 2860
to rules adopted by the executive director, the executive 2861
director's intent to request proposals for the implementation of 2862
the energy or water saving measures. The notice shall invite 2863
interested parties to submit proposals for consideration and shall 2864
be published at least thirty days prior to the date for accepting 2865
proposals.2866

       (B) Upon receiving the proposals, the executive director 2867
shall analyze them and, after considering the cost estimates of 2868
each proposal and the availability of funds to pay for each with 2869
current appropriations or by financing the cost of each through an 2870
installment payment contract under section 156.04 of the Revised 2871
Code, may select one or more proposals or reject all proposals. In 2872
selecting proposals, the executive director shall select the one 2873
or more proposals most likely to result in the greatest energy, 2874
water, or wastewater savings, operating costs savings, and avoided 2875
capital costs created.2876

       (C) No contract shall be awarded to implement energy or water 2877
saving measures under this section, unless the executive director 2878
finds that both of the following circumstances exists:2879

       (1) Not less than one-fifteenth of the costs of the contract 2880
shall be paid within two years from the date of purchase;2881

        (2) In the case of a contract for a cogeneration system 2882
described in division (B)(8) of section 156.01 of the Revised 2883
Code, the remaining balance of the cost of the contract shall be 2884
paid within twenty years from the date of purchase, and, in the 2885
case of all other contracts, fifteen years.2886

       (D) If the executive director determines that a surety bond 2887
is necessary to secure energy or water savings guaranteed in the 2888
contract, the energy services company shall provide a surety bond 2889
that satisfies all of the following requirements:2890

       (1) The penal sum of the surety bond for the first guarantee 2891
year shall equal the amount of savings included in the annual 2892
guaranteed savings amount that is measured and calculated in 2893
accordance with the measurement and verification plan included in 2894
the contract, but may not include savings that are not measured or 2895
that are stipulated in the contract. The annual guaranteed savings 2896
amount shall include only the savings guaranteed in the contract 2897
for the one-year term that begins on the first day of the first 2898
savings guarantee year and may not include amounts from subsequent 2899
years.2900

       (2) The surety bond shall have a term of not more than one 2901
year unless renewed. At the option of the executive director, the 2902
surety bond may be renewed for one or two additional terms, each 2903
term not to exceed one year. The surety bond may not be renewed or 2904
extended so that it is in effect for more than three consecutive 2905
years. 2906

       In the event of a renewal, the penal sum of the surety bond 2907
for each renewed year shall be revised so that the penal sum 2908
equals the annual guaranteed savings amount for such renewal year 2909
that is measured and calculated in accordance with the measurement 2910
and verification plan included in the contract, but may not 2911
include savings that are not measured or that are stipulated in 2912
the contract. Regardless of the number of renewals of the bond, 2913
the aggregate liability under each renewed bond may not exceed the 2914
penal sum stated in the renewal certificate for the applicable 2915
renewal year.2916

       (3) The surety bond for the first year shall be issued within 2917
thirty days of the commencement of the first savings guarantee 2918
year under the contract.2919

       In the event of renewal, the surety shall deliver to the 2920
executive director a renewal certificate reflecting the revised 2921
penal sum within thirty days of the executive director's request. 2922
The executive director shall deliver the request for renewal not 2923
less than thirty days prior to the expiration date of the surety 2924
bond then in existence.2925

       Sec. 163.15. (A) As soon as the agency pays to the party 2926
entitled thereto or deposits with the court the amount of the 2927
award and the costs assessed against the agency, it may take 2928
possession; provided, that this shall not be construed to limit 2929
the right of a public agency to enter and take possession, as 2930
provided in section 163.06 of the Revised Code. When the agency is 2931
entitled to possession the court shall enter an order to such 2932
effect upon the record and, if necessary, process shall be issued 2933
to place the agency in possession. Whenever a final journal entry 2934
in an appropriation proceeding, granting to this state a fee title 2935
or any lesser estate or interest in real property is filed and 2936
journalized by the clerk of courts, the clerk of courts shall 2937
forthwith transmit to the county auditor a certified copy of said 2938
final journal entry who shall transfer the property on the 2939
auditor's books and transmit said entry with proper endorsement to 2940
the county recorder for recording. The costs of filing such final 2941
journal entry with the county auditor and the county recorder 2942
shall be taxed as costs in the appropriation proceedings the same 2943
as other costs are taxed under section 163.16 of the Revised Code.2944

        (B)(1) Whenever the appropriation of real property requires 2945
the owner, a commercial tenant, or a residential tenant identified 2946
by the owner in a notice filed with the court to move or relocate, 2947
the agency shall make a payment to that person, upon proper 2948
application as approved by the agency, for all of the following:2949

       (a) Actual reasonable expenses in moving the person and the 2950
person's family, business, farm operation, or other personal 2951
property;2952

       (b) Actual direct losses of tangible personal property as a 2953
result of moving or discontinuing a business or farm operation, 2954
but not to exceed an amount equal to the reasonable expenses that 2955
would have been required to relocate such property, as determined 2956
by the agency;2957

       (c) Actual reasonable expenses in searching for a replacement 2958
business or farm, but not to exceed two thousand five hundred 2959
dollars;2960

       (d) Actual and reasonable expenses necessary to reestablish a 2961
farm, nonprofit organization, or small business at its new site, 2962
but not to exceed tentwenty-five thousand dollars.2963

       (2) If the agency does not approve a payment for which the 2964
owner applied under division (B)(1) of this section, the trier of 2965
fact, upon presentation of proof, shall determine whether to award 2966
a payment for the expenses described in division (B)(1) of this 2967
section and the amount of any award. The owner shall have the 2968
burden of proof with respect to those expenses.2969

       (3)(a) In addition to any payments an owner of a business may 2970
receive under division (B)(1) of this section, an owner of a 2971
business who is required by an appropriation of real property to 2972
relocate the business may recover damages for the owner's actual 2973
economic loss resulting from the appropriation, as proven by the 2974
owner by a preponderance of the evidence. Compensation for actual 2975
economic loss under this division shall not include any attorney's 2976
fees and shall not duplicate any amount awarded as compensation 2977
under this chapter.2978

       (b) The amount of compensation awarded under division 2979
(B)(3)(a) of this section shall not exceed twelve months net 2980
profit of the business on an annualized basis. Except as otherwise 2981
provided in division (B)(3)(c) of this section, if the agency is 2982
appropriating property in time of war or other public exigency 2983
imperatively requiring its immediate seizure, for the purpose of 2984
making or repairing roads that shall be open to the public without 2985
charge, for the purpose of implementing rail service under Chapter 2986
4981. of the Revised Code, or under section 307.08, 504.19, 2987
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the 2988
result of a public exigency, or the agency is a municipal 2989
corporation that is appropriating property as a result of a public 2990
exigency, the period for which the net profit of the business is 2991
calculated shall be twelve months minus the time period from the 2992
date the agency gives the notice required by section 163.04 of the 2993
Revised Code to the date the agency deposits the value of the 2994
property with the court pursuant to section 163.06 of the Revised 2995
Code or pays that amount to the owner, but in no event shall the 2996
compensation time period be less than fifteen days. If the period 2997
on which the loss is calculated is reduced to fifteen days and the 2998
relocation is unusually complex, the owner may request the agency 2999
to increase that period by up to fifteen additional days. If the 3000
agency fails to pay the compensation as provided under division 3001
(B)(3)(a) of this section or denies the request, the owner may 3002
seek an award of such compensation pursuant to this section.3003

       (c) In case of an act of God or other public exigency that 3004
requires an immediate taking of property to protect public health 3005
or safety or in case of a voluntary conveyance, the amount of 3006
compensation awarded under division (B)(3)(a) of this section 3007
shall not exceed fifteen days net profit of the business on an 3008
annualized basis. The owner may request the agency to increase 3009
that period by up to fifteen additional days. If the agency fails 3010
to pay the compensation as provided under division (B)(3)(a) of 3011
this section or denies the request, the owner may seek an award of 3012
such compensation pursuant to this section.3013

       Sec. 163.53.  (A) Whenever the acquisition of real property 3014
for a program or project undertaken by a displacing agency will 3015
result in the displacement of any person, the head of the agency 3016
shall make a payment to any displaced person, upon proper 3017
application as approved by such agency head, for all of the 3018
following:3019

       (1) Actual reasonable expenses in moving the person, the 3020
person's family, business, farm operation, or other personal 3021
property;3022

       (2) Actual direct losses of tangible personal property as a 3023
result of moving or discontinuing a business or farm operation, 3024
but not to exceed an amount equal to the reasonable expenses that 3025
would have been required to relocate such property, as determined 3026
by the head of the displacing agency;3027

       (3) Actual reasonable expenses in searching for a replacement 3028
business or farm, but not to exceed two thousand five hundred 3029
dollars;3030

       (4) Actual and reasonable expenses necessary to reestablish a 3031
displaced farm, nonprofit organization, or small business at its 3032
new site, but not to exceed tentwenty-five thousand dollars.3033

       (B) Any displaced person eligible for payments under division 3034
(A) of this section who is displaced from a dwelling and who 3035
elects to accept the payments authorized by this division in lieu 3036
of the payments authorized by division (A) of this section may 3037
receive an expense and dislocation allowance, determined according 3038
to a schedule established by the head of the displacing agency.3039

       (C) Any displaced person eligible for payments under division 3040
(A) of this section who is displaced from the person's place of 3041
business or from the person's farm operation may qualify for the 3042
payment authorized by this division in lieu of the payment 3043
authorized by division (A) of this section. The payment authorized 3044
by this division shall consist of a fixed payment in an amount to 3045
be determined according to criteria established by the head of the 3046
lead agency, except that such payment shall be not less than one 3047
thousand dollars nor more than twentyforty thousand dollars. A 3048
person whose sole business at the displacement dwelling is the 3049
rental of such property to others does not qualify for a payment 3050
under this division.3051

       (D)(1) Except as provided in section 5501.51 of the Revised 3052
Code, if a program or project undertaken by a displacing agency 3053
results in the relocation of a utility facility, and the purpose 3054
of the program or project was not to relocate or reconstruct any 3055
utility facility; and if the owner of the utility facility which 3056
is being relocated under such program or project has entered into 3057
a franchise or similar agreement with the state or local 3058
government on whose property, easement, or right-of-way such 3059
facility is located with respect to the use of such property, 3060
easement, or right-of-way; and if the relocation of such facility 3061
results in such owner incurring an extraordinary cost in 3062
connection with such relocation; then the displacing agency may, 3063
in accordance with such rules as the head of the lead agency may 3064
adopt, provide to such owner a relocation payment which may not 3065
exceed the amount of such extraordinary cost, less any increase in 3066
the value of the new utility facility above the value of the old 3067
utility facility, and less any salvage value derived from the old 3068
utility facility.3069

       (2) As used in division (D) of this section:3070

       (a) "Extraordinary cost in connection with a relocation" 3071
means any cost incurred by the owner of a utility facility in 3072
connection with relocation of such facility that is determined by 3073
the head of the displacing agency, under such rules as the head of 3074
the lead agency shall adopt, to be a nonroutine relocation 3075
expense, to be a cost that owner ordinarily does not include in 3076
its annual budget as an expense of operation, and to meet such 3077
other requirements as the lead agency may prescribe in such rules.3078

       (b) "Utility facility" means any electric, gas, water, steam 3079
power, or materials transmission or distribution system; any 3080
transportation system; any communications system, including cable 3081
television; and any fixture, equipment, or other property 3082
associated with the operation, maintenance, or repair of any such 3083
system; which is located on property owned by a state or local 3084
government or over which a state or local government has an 3085
easement or right-of-way. A utility facility may be publicly, 3086
privately, or cooperatively owned.3087

       Sec. 163.54.  (A) In addition to payments otherwise 3088
authorized by sections 163.51 to 163.62 of the Revised Code, the 3089
head of the displacing agency shall make an additional payment not 3090
to exceed twenty-twothirty-one thousand five hundred dollars to 3091
any displaced person who is displaced from a dwelling actually 3092
owned and occupied by himthe displaced person for not less than 3093
one hundred eightyninety days prior to the initiation of 3094
negotiations for the acquisition of the property. Such additional 3095
payment shall include the following elements:3096

       (1) The amount, if any, which when added to the acquisition 3097
cost of the dwelling acquired by the displacing agency, equals the 3098
reasonable cost of a comparable replacement dwelling.3099

       (2) The amount, if any, which will compensate the displaced 3100
person for any increased interest costs and other debt service 3101
costs which the person is required to pay for financing the 3102
acquisition of a comparable replacement dwelling. This amount 3103
shall be paid only if the dwelling acquired by the displacing 3104
agency was encumbered by a bona fide mortgage which was a valid 3105
lien on the dwelling for not less than one hundred eightyninety3106
days prior to the initiation of negotiations for the acquisition 3107
of the dwelling.3108

       (3) Reasonable expenses incurred by the displaced person for 3109
evidence of title, recording fees, and other closing costs 3110
incident to the purchase of the replacement dwelling, but not 3111
including prepaid expenses.3112

       (4) A rental assistance payment for a displaced person who is 3113
eligible for a replacement housing payment under this section but 3114
who elects to rent a replacement dwelling. The amount of the 3115
rental assistance payment shall be based on a determination of 3116
market rent for the acquired dwelling compared to a comparable 3117
rental dwelling available on the market in the general area of the 3118
acquired dwelling. The difference, if any, shall be computed in 3119
accordance with division (A) of section 163.55 of the Revised 3120
Code, except the limit of seven thousand two hundred dollars shall 3121
not apply. Under no circumstances shall the rental assistance 3122
payment exceed the amount that the displaced person could have 3123
received under division (A)(1) of this section. A displaced person 3124
who is eligible to receive a replacement housing payment under 3125
this section is not eligible for a down payment assistance payment 3126
described in division (B) of section 163.55 of the Revised Code.3127

       (B) The additional payment authorized by this section shall 3128
be made only to a displaced person who purchases and occupies a 3129
replacement dwelling which is decent, safe, and sanitary not later 3130
than the end of the one-year period beginning on the date on which 3131
hethe displaced person receives from the displacing agency final 3132
payment of all costs of the acquired dwelling, or on the date on 3133
which the displacing agency's obligation under division (B)(3) of 3134
section 163.56 of the Revised Code is met, whichever is later, 3135
except that the displacing agency may extend the period for good 3136
cause. If the period is extended, the payment under this section 3137
shall be based on the costs of relocating the person to a 3138
comparable replacement dwelling within one year after the 3139
displaced person receives from the displacing agency final payment 3140
of all costs of the acquired dwelling.3141

       Sec. 163.55.  (A) In addition to amounts otherwise authorized 3142
by sections 163.51 to 163.62 of the Revised Code, the head of a 3143
displacing agency shall make a payment to or for any displaced 3144
person displaced from any dwelling not eligible to receive a 3145
payment under section 163.54 of the Revised Code which dwelling 3146
was actually and lawfully occupied by such displaced person for 3147
not less than ninety days prior to the initiation of negotiations 3148
for acquisition of such dwelling, or in any case in which 3149
displacement is not a direct result of acquisition, not less than 3150
ninety days prior to such other event as the head of the lead 3151
agency shall prescribe. The payment shall consist of the amount 3152
necessary to enable the displaced person to lease or rent for a 3153
period not to exceed forty-two months, a comparable replacement 3154
dwelling, but not to exceed fiveseven thousand two hundred fifty3155
dollars. At the discretion of the head of the displacing agency, a 3156
payment under this division may be made in periodic installments. 3157
Computation of a payment under this division to a low-income 3158
displaced person shall take into account the person's income.3159

       (B) Any person eligible for a payment under division (A) of 3160
this section may elect to apply the payment to a down payment on, 3161
and other incidental expenses pursuant to, the purchase of a 3162
decent, safe, and sanitary replacement dwelling. The person may, 3163
under criteria established by the head of the displacing agency, 3164
be eligible under this division for the maximum payment allowed 3165
under division (A) of this section, except that, in the case of a 3166
displaced home owner who has owned and occupied the displacement 3167
dwelling for at least ninety days but not more than one hundred 3168
eighty days immediately prior to the initiation of negotiations 3169
for the acquisition of such dwelling, the payment shall not exceed 3170
the payment the person would otherwise have received under section 3171
163.54 of the Revised Code had the person owned and occupied the 3172
displacement dwelling one hundred eighty days immediately prior to 3173
the initiation of the negotiations.3174

       Sec. 164.26. (A) The director of the Ohio public works 3175
commission shall establish policies related to the need for 3176
long-term ownership, or long-term control through a lease or the 3177
purchase of an easement, of real property that is the subject of 3178
an application for a grant under sections 164.20 to 164.27 of the 3179
Revised Code and establish requirements for documentation to be 3180
submitted by grant applicants that is necessary for the proper 3181
administration of this division. The policies shall provide for 3182
proper penalties, includingliquidated damages and grant 3183
repayment, for entities that fail to comply with the long-term 3184
ownership or control requirements established under this division.3185

       The director also shall adopt policies delineating what 3186
constitutes administrative costs for purposes of division (F) of 3187
section 164.27 of the Revised Code.3188

       (B) The Ohio public works commission shall administer 3189
sections 164.20 to 164.27 of the Revised Code and shall exercise 3190
any authority and use any procedures granted or established under 3191
sections 164.02 and 164.05 of the Revised Code that are necessary 3192
for that purpose.3193

       Sec. 164.261.  All of the following apply to any repayment of 3194
a grant awarded under sections 164.20 to 164.27 of the Revised 3195
Code:3196

       (A) The Ohio public works commission shall deposit the grant 3197
repayment into the clean Ohio conservation fund created in section 3198
164.27 of the Revised Code.3199

       (B) The commission shall return the grant repayment to the 3200
natural resource assistance council that approved the grant 3201
application.3202

       (C) The grant repayment shall be used for the same purpose as 3203
the grant was originally approved for, as provided in section 3204
164.22 of the Revised Code.3205

       Sec. 173.38.  (A) As used in this section:3206

       (1) "Applicant" means a person who is under final 3207
consideration for employment with a responsible party in a 3208
full-time, part-time, or temporary direct-care position or is 3209
referred to a responsible party by an employment service for such 3210
a position. "Applicant" does not include a person being considered 3211
for a direct-care position as a volunteer. 3212

       (2) "Area agency on aging" has the same meaning as in section 3213
173.14 of the Revised Code.3214

       (3) "Chief administrator of a responsible party" includes a 3215
consumer when the consumer is a responsible party.3216

       (4) "Community-based long-term care services" means 3217
community-based long-term care services, as defined in section 3218
173.14 of the Revised Code, that are provided under a program the 3219
department of aging administers.3220

       (4)(5) "Consumer" means an individual who receives 3221
community-based long-term care services.3222

       (5)(6) "Criminal records check" has the same meaning as in 3223
section 109.572 of the Revised Code.3224

       (6)(7)(a) "Direct-care position" means an employment position 3225
in which an employee has either or both of the following:3226

       (i) In-person contact with one or more consumers;3227

       (ii) Access to one or more consumers' personal property or 3228
records.3229

       (b) "Direct-care position" does not include a person whose 3230
sole duties are transporting individuals under Chapter 306. of the 3231
Revised Code.3232

       (7)(8) "Disqualifying offense" means any of the offenses 3233
listed or described in divisions (A)(3)(a) to (e) of section 3234
109.572 of the Revised Code.3235

       (8)(9) "Employee" means a person employed by a responsible 3236
party in a full-time, part-time, or temporary direct-care position 3237
and a person who works in such a position due to being referred to 3238
a responsible party by an employment service. "Employee" does not 3239
include a person who works in a direct-care position as a 3240
volunteer. 3241

       (9)(10) "PASSPORT administrative agency" has the same meaning 3242
as in section 173.42 of the Revised Code.3243

       (10)(11) "Provider" has the same meaning as in section 173.39 3244
of the Revised Code.3245

       (11)(12) "Responsible party" means the following:3246

       (a) An area agency on aging in the case of either of the 3247
following:3248

       (i) A person who is an applicant because the person is under 3249
final consideration for employment with the agency in a full-time, 3250
part-time, or temporary direct-care position or is referred to the 3251
agency by an employment service for such a position;3252

       (ii) A person who is an employee because the person is 3253
employed by the agency in a full-time, part-time, or temporary 3254
direct-care position or works in such a position due to being 3255
referred to the agency by an employment service.3256

       (b) A PASSPORT administrative agency in the case of either of 3257
the following:3258

       (i) A person who is an applicant because the person is under 3259
final consideration for employment with the agency in a full-time, 3260
part-time, or temporary direct-care position or is referred to the 3261
agency by an employment service for such a position;3262

       (ii) A person who is an employee because the person is 3263
employed by the agency in a full-time, part-time, or temporary 3264
direct-care position or works in such a position due to being 3265
referred to the agency by an employment service.3266

       (c) A provider in the case of either of the following:3267

       (i) A person who is an applicant because the person is under 3268
final consideration for employment with the provider in a 3269
full-time, part-time, or temporary direct-care position or is 3270
referred to the provider by an employment service for such a 3271
position;3272

       (ii) A person who is an employee because the person is 3273
employed by the provider in a full-time, part-time, or temporary 3274
direct-care position or works in such a position due to being 3275
referred to the provider by an employment service.3276

       (d) A subcontractor in the case of either of the following:3277

       (i) A person who is an applicant because the person is under 3278
final consideration for employment with the subcontractor in a 3279
full-time, part-time, or temporary direct-care position or is 3280
referred to the subcontractor by an employment service for such a 3281
position;3282

       (ii) A person who is an employee because the person is 3283
employed by the subcontractor in a full-time, part-time, or 3284
temporary direct-care position or works in such a position due to 3285
being referred to the subcontractor by an employment service.3286

       (12)(e) A consumer in the case of either of the following:3287

       (i) A person who is an applicant because the person is under 3288
final consideration for employment with the consumer in a 3289
full-time, part-time, or temporary direct-care position for which 3290
the consumer, as the employer of record, is to direct the person 3291
in the provision of community-based long-term care services the 3292
person is to provide the consumer or is referred to the consumer 3293
by an employment service for such a position;3294

       (ii) A person who is an employee because the person is 3295
employed by the consumer in a full-time, part-time, or temporary 3296
direct-care position for which the consumer, as the employer of 3297
record, directs the person in the provision of community-based 3298
long-term care services the person provides to the consumer or who 3299
works in such a position due to being referred to the consumer by 3300
an employment service.3301

       (13) "Subcontractor" has the meaning specified in rules 3302
adopted under this section.3303

       (13)(14) "Volunteer" means a person who serves in a 3304
direct-care position without receiving or expecting to receive any 3305
form of remuneration other than reimbursement for actual expenses.3306

       (14)(15) "Waiver agency" has the same meaning as in section 3307
5164.342 of the Revised Code.3308

       (B) This section does not apply to any individual who is 3309
subject to a database review or criminal records check under 3310
section 173.381 or 3701.881 of the Revised Code or to any 3311
individual who is subject to a criminal records check under 3312
section 3721.121 of the Revised Code. If a provider or 3313
subcontractor also is a waiver agency, the provider or 3314
subcontractor may provide for applicants and employees to undergo 3315
database reviews and criminal records checks in accordance with 3316
section 5164.342 of the Revised Code rather than this section.3317

       (C) No responsible party shall employ an applicant or 3318
continue to employ an employee in a direct-care position if any of 3319
the following apply:3320

       (1) A review of the databases listed in division (E) of this 3321
section reveals any of the following:3322

       (a) That the applicant or employee is included in one or more 3323
of the databases listed in divisions (E)(1) to (5) of this 3324
section;3325

       (b) That there is in the state nurse aide registry 3326
established under section 3721.32 of the Revised Code a statement 3327
detailing findings by the director of health that the applicant or 3328
employee neglected or abused a long-term care facility or 3329
residential care facility resident or misappropriated property of 3330
such a resident;3331

       (c) That the applicant or employee is included in one or more 3332
of the databases, if any, specified in rules adopted under this 3333
section and the rules prohibit the responsible party from 3334
employing an applicant or continuing to employ an employee 3335
included in such a database in a direct-care position. 3336

       (2) After the applicant or employee is provided, pursuant to 3337
division (F)(2)(a) of this section, a copy of the form prescribed 3338
pursuant to division (C)(1) of section 109.572 of the Revised Code 3339
and the standard impression sheet prescribed pursuant to division 3340
(C)(2) of that section, the applicant or employee fails to 3341
complete the form or provide the applicant's or employee's 3342
fingerprint impressions on the standard impression sheet.3343

       (3) Unless the applicant or employee meets standards 3344
specified in rules adopted under this section, the applicant or 3345
employee is found by a criminal records check required by this 3346
section to have been convicted of, pleaded guilty to, or been 3347
found eligible for intervention in lieu of conviction for a 3348
disqualifying offense.3349

       (D) Except as provided by division (G) of this section, the 3350
chief administrator of a responsible party shall inform each 3351
applicant of both of the following at the time of the applicant's 3352
initial application for employment or referral to the responsible 3353
party by an employment service for a direct-care position:3354

       (1) That a review of the databases listed in division (E) of 3355
this section will be conducted to determine whether the 3356
responsible party is prohibited by division (C)(1) of this section 3357
from employing the applicant in the direct-care position;3358

       (2) That, unless the database review reveals that the 3359
applicant may not be employed in the direct-care position, a 3360
criminal records check of the applicant will be conducted and the 3361
applicant is required to provide a set of the applicant's 3362
fingerprint impressions as part of the criminal records check.3363

       (E) As a condition of employing any applicant in a 3364
direct-care position, the chief administrator of a responsible 3365
party shall conduct a database review of the applicant in 3366
accordance with rules adopted under this section. If rules adopted 3367
under this section so require, the chief administrator of a 3368
responsible party shall conduct a database review of an employee 3369
in accordance with the rules as a condition of continuing to 3370
employ the employee in a direct-care position. However, a chief 3371
administrator is not required to conduct a database review of an 3372
applicant or employee if division (G) of this section applies. A 3373
database review shall determine whether the applicant or employee 3374
is included in any of the following:3375

       (1) The excluded parties list system that is maintained by 3376
the United States general services administration pursuant to 3377
subpart 9.4 of the federal acquisition regulation and available at 3378
the federal web site known as the system for award management;3379

       (2) The list of excluded individuals and entities maintained 3380
by the office of inspector general in the United States department 3381
of health and human services pursuant to the "Social Security 3382
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;3383

       (3) The registry of MR/DD employees established under section 3384
5123.52 of the Revised Code;3385

       (4) The internet-based sex offender and child-victim offender 3386
database established under division (A)(11) of section 2950.13 of 3387
the Revised Code;3388

       (5) The internet-based database of inmates established under 3389
section 5120.66 of the Revised Code;3390

       (6) The state nurse aide registry established under section 3391
3721.32 of the Revised Code;3392

       (7) Any other database, if any, specified in rules adopted 3393
under this section.3394

       (F)(1) As a condition of employing any applicant in a 3395
direct-care position, the chief administrator of a responsible 3396
party shall request that the superintendent of the bureau of 3397
criminal identification and investigation conduct a criminal 3398
records check of the applicant. If rules adopted under this 3399
section so require, the chief administrator of a responsible party 3400
shall request that the superintendent conduct a criminal records 3401
check of an employee at times specified in the rules as a 3402
condition of continuing to employ the employee in a direct-care 3403
position. However, the chief administrator is not required to 3404
request the criminal records check of the applicant or employee if 3405
division (G) of this section applies or the responsible party is 3406
prohibited by division (C)(1) of this section from employing the 3407
applicant or continuing to employ the employee in a direct-care 3408
position. If an applicant or employee for whom a criminal records 3409
check request is required by this section does not present proof 3410
of having been a resident of this state for the five-year period 3411
immediately prior to the date the criminal records check is 3412
requested or provide evidence that within that five-year period 3413
the superintendent has requested information about the applicant 3414
or employee from the federal bureau of investigation in a criminal 3415
records check, the chief administrator shall request that the 3416
superintendent obtain information from the federal bureau of 3417
investigation as part of the criminal records check. Even if an 3418
applicant or employee for whom a criminal records check request is 3419
required by this section presents proof of having been a resident 3420
of this state for the five-year period, the chief administrator 3421
may request that the superintendent include information from the 3422
federal bureau of investigation in the criminal records check.3423

       (2) The chief administrator shall do all of the following:3424

       (a) Provide to each applicant and employee for whom a 3425
criminal records check request is required by this section a copy 3426
of the form prescribed pursuant to division (C)(1) of section 3427
109.572 of the Revised Code and a standard impression sheet 3428
prescribed pursuant to division (C)(2) of that section;3429

       (b) Obtain the completed form and standard impression sheet 3430
from the applicant or employee;3431

       (c) Forward the completed form and standard impression sheet 3432
to the superintendent. 3433

       (3) A responsible party shall pay to the bureau of criminal 3434
identification and investigation the fee prescribed pursuant to 3435
division (C)(3) of section 109.572 of the Revised Code for each 3436
criminal records check the responsible party requests under this 3437
section. A responsible party may charge an applicant a fee not 3438
exceeding the amount the responsible party pays to the bureau 3439
under this section if both of the following apply:3440

       (a) The responsible party notifies the applicant at the time 3441
of initial application for employment of the amount of the fee and 3442
that, unless the fee is paid, the applicant will not be considered 3443
for employment.3444

       (b) The medicaid program does not pay the responsible party 3445
for the fee it pays to the bureau under this section.3446

       (G) Divisions (D) to (F) of this section do not apply with 3447
regard to an applicant or employee if the applicant or employee is 3448
referred to a responsible party by an employment service that 3449
supplies full-time, part-time, or temporary staff for direct-care 3450
positions and both of the following apply:3451

       (1) The chief administrator of the responsible party receives 3452
from the employment service confirmation that a review of the 3453
databases listed in division (E) of this section was conducted of 3454
the applicant or employee.3455

       (2) The chief administrator of the responsible party receives 3456
from the employment service, applicant, or employee a report of 3457
the results of a criminal records check of the applicant or 3458
employee that has been conducted by the superintendent within the 3459
one-year period immediately preceding the following:3460

       (a) In the case of an applicant, the date of the applicant's 3461
referral by the employment service to the responsible party;3462

       (b) In the case of an employee, the date by which the 3463
responsible party would otherwise have to request a criminal 3464
records check of the employee under division (F) of this section.3465

       (H)(1) A responsible party may employ conditionally an 3466
applicant for whom a criminal records check request is required by 3467
this section prior to obtaining the results of the criminal 3468
records check if the responsible party is not prohibited by 3469
division (C)(1) of this section from employing the applicant in a 3470
direct-care position and either of the following applies:3471

       (a) The chief administrator of the responsible party requests 3472
the criminal records check in accordance with division (F) of this 3473
section not later than five business days after the applicant 3474
begins conditional employment.3475

       (b) The applicant is referred to the responsible party by an 3476
employment service, the employment service or the applicant 3477
provides the chief administrator of the responsible party a letter 3478
that is on the letterhead of the employment service, the letter is 3479
dated and signed by a supervisor or another designated official of 3480
the employment service, and the letter states all of the 3481
following:3482

       (i) That the employment service has requested the 3483
superintendent to conduct a criminal records check regarding the 3484
applicant;3485

       (ii) That the requested criminal records check is to include 3486
a determination of whether the applicant has been convicted of, 3487
pleaded guilty to, or been found eligible for intervention in lieu 3488
of conviction for a disqualifying offense;3489

       (iii) That the employment service has not received the 3490
results of the criminal records check as of the date set forth on 3491
the letter;3492

       (iv) That the employment service promptly will send a copy of 3493
the results of the criminal records check to the chief 3494
administrator of the responsible party when the employment service 3495
receives the results. 3496

       (2) If a responsible party employs an applicant conditionally 3497
pursuant to division (H)(1)(b) of this section, the employment 3498
service, on its receipt of the results of the criminal records 3499
check, promptly shall send a copy of the results to the chief 3500
administrator of the responsible party.3501

       (3) A responsible party that employs an applicant 3502
conditionally pursuant to division (H)(1)(a) or (b) of this 3503
section shall terminate the applicant's employment if the results 3504
of the criminal records check, other than the results of any 3505
request for information from the federal bureau of investigation, 3506
are not obtained within the period ending sixty days after the 3507
date the request for the criminal records check is made. 3508
Regardless of when the results of the criminal records check are 3509
obtained, if the results indicate that the applicant has been 3510
convicted of, pleaded guilty to, or been found eligible for 3511
intervention in lieu of conviction for a disqualifying offense, 3512
the responsible party shall terminate the applicant's employment 3513
unless the applicant meets standards specified in rules adopted 3514
under this section that permit the responsible party to employ the 3515
applicant and the responsible party chooses to employ the 3516
applicant. Termination of employment under this division shall be 3517
considered just cause for discharge for purposes of division 3518
(D)(2) of section 4141.29 of the Revised Code if the applicant 3519
makes any attempt to deceive the responsible party about the 3520
applicant's criminal record.3521

       (I) The report of any criminal records check conducted 3522
pursuant to a request made under this section is not a public 3523
record for the purposes of section 149.43 of the Revised Code and 3524
shall not be made available to any person other than the 3525
following:3526

       (1) The applicant or employee who is the subject of the 3527
criminal records check or the applicant's or employee's 3528
representative;3529

       (2) The chief administrator of the responsible party 3530
requesting the criminal records check or the administrator's 3531
representative;3532

       (3) The administrator of any other facility, agency, or 3533
program that provides community-based long-term care services that 3534
is owned or operated by the same entity that owns or operates the 3535
responsible party that requested the criminal records check;3536

       (4) The employment service that requested the criminal 3537
records check;3538

       (5) The director of aging or a person authorized by the 3539
director to monitor a responsible party's compliance with this 3540
section;3541

       (6) The medicaid director and the staff of the department of 3542
medicaid who are involved in the administration of the medicaid 3543
program if eitherany of the following apply:3544

       (a) In the case of a criminal records check requested by a 3545
provider or subcontractor, the provider or subcontractor also is a 3546
waiver agency;3547

       (b) In the case of a criminal records check requested by an 3548
employment service, the employment service makes the request for 3549
an applicant or employee the employment service refers to a 3550
provider or subcontractor that also is a waiver agency;3551

       (c) The criminal records check is requested by a consumer who 3552
is acting as a responsible party.3553

       (7) A court, hearing officer, or other necessary individual 3554
involved in a case dealing with any of the following:3555

       (a) A denial of employment of the applicant or employee;3556

       (b) Employment or unemployment benefits of the applicant or 3557
employee;3558

        (c) A civil or criminal action regarding the medicaid program 3559
or a program the department of aging administers.3560

       (J) In a tort or other civil action for damages that is 3561
brought as the result of an injury, death, or loss to person or 3562
property caused by an applicant or employee who a responsible 3563
party employs in a direct-care position, all of the following 3564
shall apply:3565

       (1) If the responsible party employed the applicant or 3566
employee in good faith and reasonable reliance on the report of a 3567
criminal records check requested under this section, the 3568
responsible party shall not be found negligent solely because of 3569
its reliance on the report, even if the information in the report 3570
is determined later to have been incomplete or inaccurate.3571

       (2) If the responsible party employed the applicant in good 3572
faith on a conditional basis pursuant to division (H) of this 3573
section, the responsible party shall not be found negligent solely 3574
because it employed the applicant prior to receiving the report of 3575
a criminal records check requested under this section.3576

       (3) If the responsible party in good faith employed the 3577
applicant or employee because the applicant or employee meets 3578
standards specified in rules adopted under this section, the 3579
responsible party shall not be found negligent solely because the 3580
applicant or employee has been convicted of, pleaded guilty to, or 3581
been found eligible for intervention in lieu of conviction for a 3582
disqualifying offense.3583

       (K) The director of aging shall adopt rules in accordance 3584
with Chapter 119. of the Revised Code to implement this section.3585

       (1) The rules may do the following:3586

       (a) Require employees to undergo database reviews and 3587
criminal records checks under this section;3588

       (b) If the rules require employees to undergo database 3589
reviews and criminal records checks under this section, exempt one 3590
or more classes of employees from the requirements;3591

       (c) For the purpose of division (E)(7) of this section, 3592
specify other databases that are to be checked as part of a 3593
database review conducted under this section.3594

       (2) The rules shall specify all of the following:3595

       (a) The meaning of the term "subcontractor";3596

       (b) The procedures for conducting database reviews under this 3597
section;3598

       (c) If the rules require employees to undergo database 3599
reviews and criminal records checks under this section, the times 3600
at which the database reviews and criminal records checks are to 3601
be conducted;3602

       (d) If the rules specify other databases to be checked as 3603
part of the database reviews, the circumstances under which a 3604
responsible party is prohibited from employing an applicant or 3605
continuing to employ an employee who is found by a database review 3606
to be included in one or more of those databases;3607

        (e) Standards that an applicant or employee must meet for a 3608
responsible party to be permitted to employ the applicant or 3609
continue to employ the employee in a direct-care position if the 3610
applicant or employee is found by a criminal records check 3611
required by this section to have been convicted of, pleaded guilty 3612
to, or been found eligible for intervention in lieu of conviction 3613
for a disqualifying offense. 3614

       Sec. 173.381.  (A) As used in this section:3615

       (1) "Community-based long-term care services" means 3616
community-based long-term care services, as defined in section 3617
173.14 of the Revised Code, that are provided under a program the 3618
department of aging administers.3619

       (2) "Community-based long-term care services certificate" 3620
means a certificate issued under section 173.391 of the Revised 3621
Code.3622

       (3) "Community-based long-term care services contract or 3623
grant" means a contract or grant awarded under section 173.392 of 3624
the Revised Code.3625

       (4) "Criminal records check" has the same meaning as in 3626
section 109.572 of the Revised Code.3627

       (5) "Disqualifying offense" means any of the offenses listed 3628
or described in divisions (A)(3)(a) to (e) of section 109.572 of 3629
the Revised Code.3630

       (6) "Provider" has the same meaning as in section 173.39 of 3631
the Revised Code.3632

       (7) "Self-employed provider" means a provider who works for 3633
the provider's self and has no employees.3634

       (B) This section does not apply to any individual who is 3635
subject to a database review or criminal records check under 3636
section 3701.881 of the Revised Code.3637

       (C)(1) The department of aging or its designee shall take the 3638
following actions when the circumstances specified in division 3639
(C)(2) of this section apply:3640

       (a) Refuse to issue a community-based long-term care services 3641
certificate to a self-employed provider;3642

       (b) Revoke a self-employed provider's community-based 3643
long-term care services certificate;3644

       (c) Refuse to award a community-based long-term care services 3645
contract or grant to a self-employed provider;3646

       (d) Terminate a self-employed provider's community-based 3647
long-term care services contract or grant awarded on or after the 3648
effective date of this section.3649

       (2) The following are the circumstances that require the 3650
department of aging or its designee to take action under division 3651
(C)(1) of this section:3652

       (a) A review of the databases listed in division (E) of this 3653
section reveals any of the following:3654

       (i) That the self-employed provider is included in one or 3655
more of the databases listed in divisions (E)(1) to (5) of this 3656
section;3657

       (ii) That there is in the state nurse aide registry 3658
established under section 3721.32 of the Revised Code a statement 3659
detailing findings by the director of health that the 3660
self-employed provider neglected or abused a long-term care 3661
facility or residential care facility resident or misappropriated 3662
property of such a resident;3663

       (iii) That the self-employed provider is included in one or 3664
more of the databases, if any, specified in rules adopted under 3665
this section and the rules require the department or its designee 3666
to take action under division (C)(1) of this section if a 3667
self-employed provider is included in such a database.3668

       (b) After the self-employed provider is provided, pursuant to 3669
division (F)(2)(a) of this section, a copy of the form prescribed 3670
pursuant to division (C)(1) of section 109.572 of the Revised Code 3671
and the standard impression sheet prescribed pursuant to division 3672
(C)(2) of that section, the self-employed provider fails to 3673
complete the form or provide the self-employed provider's 3674
fingerprint impressions on the standard impression sheet.3675

       (c) Unless the self-employed provider meets standards 3676
specified in rules adopted under this section, the self-employed 3677
provider is found by a criminal records check required by this 3678
section to have been convicted of, pleaded guilty to, or been 3679
found eligible for intervention in lieu of conviction for a 3680
disqualifying offense.3681

       (D) The department of aging or its designee shall inform each 3682
self-employed provider of both of the following at the time of the 3683
self-employed provider's initial application for a community-based 3684
long-term care services certificate or initial bid for a 3685
community-based long-term care services contract or grant:3686

       (1) That a review of the databases listed in division (E) of 3687
this section will be conducted to determine whether the department 3688
or its designee is required by division (C) of this section to 3689
refuse to issue or award a community-based long-term care services 3690
certificate or community-based long-term care services contract or 3691
grant to the self-employed provider;3692

       (2) That, unless the database review reveals that the 3693
department or its designee is required to refuse to issue or award 3694
a community-based long-term care services certificate or 3695
community-based long-term care services contract or grant to the 3696
self-employed provider, a criminal records check of the 3697
self-employed provider will be conducted and the self-employed 3698
provider is required to provide a set of the self-employed 3699
provider's fingerprint impressions as part of the criminal records 3700
check.3701

       (E) As a condition of issuing or awarding a community-based 3702
long-term care services certificate or community-based long-term 3703
care services contract or grant to a self-employed provider, the 3704
department of aging or its designee shall conduct a database 3705
review of the self-employed provider in accordance with rules 3706
adopted under this section. If rules adopted under this section so 3707
require, the department or its designee shall conduct a database 3708
review of a self-employed provider in accordance with the rules as 3709
a condition of not revoking or terminating the self-employed 3710
provider's community-based long-term care services certificate or 3711
community-based long-term care services contract or grant. A 3712
database review shall determine whether the self-employed provider 3713
is included in any of the following:3714

       (1) The excluded parties list system that is maintained by 3715
the United States general services administration pursuant to 3716
subpart 9.4 of the federal acquisition regulation and available at 3717
the federal web site known as the system for award management;3718

       (2) The list of excluded individuals and entities maintained 3719
by the office of inspector general in the United States department 3720
of health and human services pursuant to the "Social Security 3721
Act," 42 U.S.C. 1320a-7 and 1320c-5;3722

       (3) The registry of MR/DD employees established under section 3723
5123.52 of the Revised Code;3724

       (4) The internet-based sex offender and child-victim offender 3725
database established under division (A)(11) of section 2950.13 of 3726
the Revised Code;3727

       (5) The internet-based database of inmates established under 3728
section 5120.66 of the Revised Code;3729

       (6) The state nurse aide registry established under section 3730
3721.32 of the Revised Code;3731

       (7) Any other database, if any, specified in rules adopted 3732
under this section.3733

       (F)(1) As a condition of issuing or awarding a 3734
community-based long-term care services certificate or 3735
community-based long-term care services contract or grant to a 3736
self-employed provider, the department of aging or its designee 3737
shall request that the superintendent of the bureau of criminal 3738
identification and investigation conduct a criminal records check 3739
of the self-employed provider. If rules adopted under this section 3740
so require, the department or its designee shall request that the 3741
superintendent conduct a criminal records check of a self-employed 3742
provider at times specified in the rules as a condition of not 3743
revoking or terminating the self-employed provider's 3744
community-based long-term care services certificate or 3745
community-based long-term care services contract or grant. 3746
However, the department or its designee is not required to request 3747
the criminal records check of the self-employed provider if the 3748
department or its designee, because of circumstances specified in 3749
division (C)(2)(a) of this section, is required to refuse to issue 3750
or award a community-based long-term care services certificate or 3751
community-based long-term care services contract or grant to the 3752
self-employed provider or to revoke or terminate the self-employed 3753
provider's certificate or contract or grant.3754

       If a self-employed provider for whom a criminal records check 3755
request is required by this section does not present proof of 3756
having been a resident of this state for the five-year period 3757
immediately prior to the date the criminal records check is 3758
requested or provide evidence that within that five-year period 3759
the superintendent has requested information about the 3760
self-employed provider from the federal bureau of investigation in 3761
a criminal records check, the department or its designee shall 3762
request that the superintendent obtain information from the 3763
federal bureau of investigation as part of the criminal records 3764
check. Even if a self-employed provider for whom a criminal 3765
records check request is required by this section presents proof 3766
of having been a resident of this state for the five-year period, 3767
the department or its designee may request that the superintendent 3768
include information from the federal bureau of investigation in 3769
the criminal records check.3770

       (2) The department or its designee shall do all of the 3771
following:3772

       (a) Provide to each self-employed provider for whom a 3773
criminal records check request is required by this section a copy 3774
of the form prescribed pursuant to division (C)(1) of section 3775
109.572 of the Revised Code and a standard impression sheet 3776
prescribed pursuant to division (C)(2) of that section;3777

       (b) Obtain the completed form and standard impression sheet 3778
from the self-employed provider;3779

       (c) Forward the completed form and standard impression sheet 3780
to the superintendent.3781

       (3) The department or its designee shall pay to the bureau of 3782
criminal identification and investigation the fee prescribed 3783
pursuant to division (C)(3) of section 109.572 of the Revised Code 3784
for each criminal records check of a self-employed provider the 3785
department or its designee requests under this section. The 3786
department or its designee may charge the self-employed provider a 3787
fee that does not exceed the amount the department or its designee 3788
pays to the bureau.3789

       (G) The report of any criminal records check of a 3790
self-employed provider conducted pursuant to a request made under 3791
this section is not a public record for the purposes of section 3792
149.43 of the Revised Code and shall not be made available to any 3793
person other than the following:3794

       (1) The self-employed provider or the self-employed 3795
provider's representative;3796

       (2) The department of aging, the department's designee, or a 3797
representative of the department or its designee;3798

       (3) The medicaid director and the staff of the department of 3799
medicaid who are involved in the administration of the medicaid 3800
program if the self-employed provider is to provide, or provides, 3801
community-based long-term care services under a component of the 3802
medicaid program that the department of aging administers;3803

       (4) A court, hearing officer, or other necessary individual 3804
involved in a case dealing with any of the following:3805

       (a) A refusal to issue or award a community-based long-term 3806
services certificate or community-based long-term care services 3807
contract or grant to the self-employed provider;3808

       (b) A revocation or termination of the self-employed 3809
provider's community-based long-term care services certificate or 3810
community-based long-term care services contract or grant;3811

       (c) A civil or criminal action regarding a program the 3812
department of aging administers.3813

       (H) In a tort or other civil action for damages that is 3814
brought as the result of an injury, death, or loss to person or 3815
property caused by a self-employed provider, both of the following 3816
shall apply:3817

       (1) If the department of aging or its designee, in good faith 3818
and reasonable reliance on the report of a criminal records check 3819
requested under this section, issued or awarded a community-based 3820
long-term care services certificate or community-based long-term 3821
care services contract or grant to the self-employed provider or 3822
did not revoke or terminate the self-employed provider's 3823
certificate or contract or grant, the department and its designee 3824
shall not be found negligent solely because of its reliance on the 3825
report, even if the information in the report is determined later 3826
to have been incomplete or inaccurate.3827

       (2) If the department or its designee in good faith issued or 3828
awarded a community-based long-term care services certificate or 3829
community-based long-term care services contract or grant to the 3830
self-employed provider or did not revoke or terminate the 3831
self-employed provider's certificate or contract or grant because 3832
the self-employed provider meets standards specified in rules 3833
adopted under this section, the department and its designee shall 3834
not be found negligent solely because the self-employed provider 3835
has been convicted of, pleaded guilty to, or been found eligible 3836
for intervention in lieu of conviction for a disqualifying 3837
offense.3838

       (I) The director of aging shall adopt rules in accordance 3839
with Chapter 119. of the Revised Code to implement this section.3840

       (1) The rules may do the following:3841

       (a) Require self-employed providers who have been issued or 3842
awarded community-based long-term care services certificates or 3843
community-based long-term care services contracts or grants to 3844
undergo database reviews and criminal records checks under this 3845
section;3846

       (b) If the rules require self-employed providers who have 3847
been issued or awarded community-based long-term care services 3848
certificates or community-based long-term care services contracts 3849
or grants to undergo database reviews and criminal records checks 3850
under this section, exempt one or more classes of such 3851
self-employed providers from the requirements;3852

       (c) For the purpose of division (E)(7) of this section, 3853
specify other databases that are to be checked as part of a 3854
database review conducted under this section.3855

       (2) The rules shall specify all of the following:3856

       (a) The procedures for conducting database reviews under this 3857
section;3858

       (b) If the rules require self-employed providers who have 3859
been issued or awarded community-based long-term care services 3860
certificates or community-based long-term care services contracts 3861
or grants to undergo database reviews and criminal records checks 3862
under this section, the times at which the database reviews and 3863
criminal records checks are to be conducted;3864

       (c) If the rules specify other databases to be checked as 3865
part of the database reviews, the circumstances under which the 3866
department of aging or its designee is required to refuse to issue 3867
or award a community-based long-term care services certificate or 3868
community-based long-term care services contract or grant to a 3869
self-employed provider or to revoke or terminate a self-employed 3870
provider's certificate or contract or grant when the self-employed 3871
provider is found by a database review to be included in one or 3872
more of those databases;3873

       (d) Standards that a self-employed provider must meet for the 3874
department or its designee to be permitted to issue or award a 3875
community-based long-term care services certificate or 3876
community-based long-term care services contract or grant to the 3877
self-employed provider or not to revoke or terminate the 3878
self-employed provider's certificate or contract or grant if the 3879
self-employed provider is found by a criminal records check 3880
required by this section to have been convicted of, pleaded guilty 3881
to, or been found eligible for intervention in lieu of conviction 3882
for a disqualifying offense.3883

       Sec. 173.391. (A) TheSubject to section 173.381 of the 3884
Revised Code, the department of aging or its designee shall do all 3885
of the following in accordance with Chapter 119. of the Revised 3886
Code:3887

        (1) Certify a provider to provide community-based long-term 3888
care services under a program the department administers if the 3889
provider satisfies the requirements for certification established 3890
by rules adopted under division (B) of this section and pays the 3891
fee, if any, established by rules adopted under division (G) of 3892
this section;3893

        (2) When required to do so by rules adopted under division 3894
(B) of this section, take one or more of the following 3895
disciplinary actions against a provider certified under division 3896
(A)(1) of this section:3897

        (a) Issue a written warning;3898

        (b) Require the submission of a plan of correction or 3899
evidence of compliance with requirements identified by the 3900
department;3901

        (c) Suspend referrals;3902

        (d) Remove clients;3903

        (e) Impose a fiscal sanction such as a civil monetary penalty 3904
or an order that unearned funds be repaid;3905

        (f) Suspend the certification;3906

       (g) Revoke the certification;3907

        (h) Impose another sanction.3908

        (3) Except as provided in division (E) of this section, hold 3909
hearings when there is a dispute between the department or its 3910
designee and a provider concerning actions the department or its 3911
designee takes regarding a decision not to certify the provider 3912
under division (A)(1) of this section or a disciplinary action 3913
under divisions (A)(2)(e) to (h) of this section.3914

        (B) The director of aging shall adopt rules in accordance 3915
with Chapter 119. of the Revised Code establishing certification 3916
requirements and standards for determining which type of 3917
disciplinary action to take under division (A)(2) of this section 3918
in individual situations. The rules shall establish procedures for 3919
all of the following:3920

        (1) Ensuring that providers comply with sectionsections3921
173.38 and 173.381 of the Revised Code;3922

        (2) Evaluating the services provided by the providers to 3923
ensure that the services are provided in a quality manner 3924
advantageous to the individual receiving the services;3925

        (3) DeterminingIn a manner consistent with section 173.381 3926
of the Revised Code, determining when to take disciplinary action 3927
under division (A)(2) of this section and which disciplinary 3928
action to take;3929

       (4) Determining what constitutes another sanction for 3930
purposes of division (A)(2)(h) of this section.3931

        (C) The procedures established in rules adopted under 3932
division (B)(2) of this section shall require that all of the 3933
following be considered as part of an evaluation described in 3934
division (B)(2) of this section:3935

        (1) The provider's experience and financial responsibility;3936

        (2) The provider's ability to comply with standards for the 3937
community-based long-term care services that the provider provides 3938
under a program the department administers;3939

        (3) The provider's ability to meet the needs of the 3940
individuals served;3941

        (4) Any other factor the director considers relevant.3942

        (D) The rules adopted under division (B)(3) of this section 3943
shall specify that the reasons disciplinary action may be taken 3944
under division (A)(2) of this section include good cause, 3945
including misfeasance, malfeasance, nonfeasance, confirmed abuse 3946
or neglect, financial irresponsibility, or other conduct the 3947
director determines is injurious, or poses a threat, to the health 3948
or safety of individuals being served.3949

       (E) Subject to division (F) of this section, the department 3950
is not required to hold hearings under division (A)(3) of this 3951
section if any of the following conditions apply:3952

       (1) Rules adopted by the director of aging pursuant to this 3953
chapter require the provider to be a party to a provider 3954
agreement; hold a license, certificate, or permit; or maintain a 3955
certification, any of which is required or issued by a state or 3956
federal government entity other than the department of aging, and 3957
either of the following is the case:3958

       (a) The provider agreement has not been entered into or the 3959
license, certificate, permit, or certification has not been 3960
obtained or maintained.3961

       (b) The provider agreement, license, certificate, permit, or 3962
certification has been denied, revoked, not renewed, or suspended 3963
or has been otherwise restricted.3964

        (2) The provider's certification under this section has been 3965
denied, suspended, or revoked for any of the following reasons:3966

       (a) A government entity of this state, other than the 3967
department of aging, has terminated or refused to renew any of the 3968
following held by, or has denied any of the following sought by, a 3969
provider: a provider agreement, license, certificate, permit, or 3970
certification. Division (E)(2)(a) of this section applies 3971
regardless of whether the provider has entered into a provider 3972
agreement in, or holds a license, certificate, permit, or 3973
certification issued by, another state.3974

       (b) The provider or a principal owner or manager of the 3975
provider who provides direct care has entered a guilty plea for, 3976
or has been convicted of, an offense materially related to the 3977
medicaid program.3978

        (c) The provider or aA principal owner or manager of the 3979
provider who provides direct care has entered a guilty plea for, 3980
been convicted of, or been found eligible for intervention in lieu 3981
of conviction for an offense listed or described in divisions 3982
(A)(3)(a) to (e) of section 109.572 of the Revised Code, but only 3983
if the provider, principal owner, or manager does not meet 3984
standards specified by the director in rules adopted under section 3985
173.38 of the Revised Code. 3986

       (d) The department or its designee is required by section 3987
173.381 of the Revised Code to deny or revoke the provider's 3988
certification.3989

       (e) The United States department of health and human services 3990
has taken adverse action against the provider and that action 3991
impacts the provider's participation in the medicaid program.3992

       (e)(f) The provider has failed to enter into or renew a 3993
provider agreement with the PASSPORT administrative agency, as 3994
that term is defined in section 173.42 of the Revised Code, that 3995
administers programs on behalf of the department of aging in the 3996
region of the state in which the provider is certified to provide 3997
services.3998

        (f)(g) The provider has not billed or otherwise submitted a 3999
claim to the department for payment under the medicaid program in 4000
at least two years.4001

       (g)(h) The provider denied or failed to provide the 4002
department or its designee access to the provider's facilities 4003
during the provider's normal business hours for purposes of 4004
conducting an audit or structural compliance review.4005

       (h)(i) The provider has ceased doing business.4006

       (i)(j) The provider has voluntarily relinquished its 4007
certification for any reason.4008

        (3) The provider's provider agreement with the department of 4009
medicaid has been suspended under division (C) of section 5164.37 4010
of the Revised Code.4011

        (4) The provider's provider agreement with the department of 4012
medicaid is denied or revoked because the provider or its owner, 4013
officer, authorized agent, associate, manager, or employee has 4014
been convicted of an offense that caused the provider agreement to 4015
be suspended under section 5164.37 of the Revised Code.4016

        (F) If the department does not hold hearings when any 4017
condition described in division (E) of this section applies, the 4018
department may send a notice to the provider describing a decision 4019
not to certify the provider under division (A)(1) of this section 4020
or the disciplinary action the department proposes to take under 4021
division (A)(2)(e) to (h) of this section. The notice shall be 4022
sent to the provider's address that is on record with the 4023
department and may be sent by regular mail.4024

       (G) The director of aging may adopt rules in accordance with 4025
Chapter 119. of the Revised Code establishing a fee to be charged 4026
by the department of aging or its designee for certification 4027
issued under this section.4028

        All fees collected by the department or its designee under 4029
this section shall be deposited in the state treasury to the 4030
credit of the provider certification fund, which is hereby 4031
created. Money credited to the fund shall be used to pay for 4032
community-based long-term care services, administrative costs 4033
associated with provider certification under this section, and 4034
administrative costs related to the publication of the Ohio 4035
long-term care consumer guide.4036

       Sec. 173.392. (A) The department of aging may pay a provider 4037
for providing community-based long-term care services under a 4038
program the department administers, even though the provider is 4039
not certified under section 173.391 of the Revised Code, if all of 4040
the following are the case:4041

        (1) The provider has a contract with the department of aging 4042
or the department's designee to provide the services in accordance 4043
with the contract or has received a grant from the department or 4044
its designee to provide the services in accordance with a grant 4045
agreement;4046

        (2) The contract or grant agreement includes detailed 4047
conditions of participation for the provider and service standards 4048
that the provider is required to satisfy;4049

        (3) The provider complies with the contract or grant 4050
agreement;4051

       (4) The contract or grant is not for medicaid-funded 4052
services, other than services provided under the PACE program 4053
administered by the department of aging under section 173.50 of 4054
the Revised Code.4055

       (B)(1) The director of aging shall adopt rules in accordance 4056
with Chapter 119. of the Revised Code governing both of the 4057
following:4058

       (1)(a) Contracts and grant agreements between the department 4059
of aging or its designee and providers;4060

        (2)(b) The department's payment for community-based long-term 4061
care services under this section.4062

       (2) The rules adopted under this section shall be consistent 4063
with section 173.381 of the Revised Code.4064

       Sec. 173.47. (A) For purposes of publishing the Ohio 4065
long-term care consumer guide, the department of aging shall 4066
conduct or provide for the conduct of an annual customer 4067
satisfaction survey of each long-term care facility. The results 4068
of the surveys may include information obtained from long-term 4069
care facility residents, their families, or both. A survey that is 4070
to include information obtained from nursing facility residents 4071
shall include the questions specified in divisions (C)(7)(a) and 4072
(b) and (18) and (D)(7)(a) and (b) of section 5165.25 of the 4073
Revised Code. A survey that is to include information obtained 4074
from the families of nursing facility residents shall include the 4075
questions specified in divisions (C)(8)(a) and (b) and (19) and 4076
(D)(8)(a) and (b) of section 5165.25 of the Revised Code.4077

        (B) Each long-term care facility shall cooperate in the 4078
conduct of its annual customer satisfaction survey.4079

       Sec. 175.04. (A) The governor shall appoint a chairperson 4080
from among the members. The agency members shall elect a member as 4081
vice-chairperson. The agency members may appoint other officers, 4082
who need not be members of the agency, as the agency deems 4083
necessary.4084

       (B) Six members of the agency constitute a quorum and the 4085
affirmative vote of six members is necessary for any action the 4086
agency takes. No vacancy in agency membership impairs the right of 4087
a quorum to exercise all of the agency's rights and perform all 4088
the agency's duties. Agency meetings may be held at any place 4089
within the state. Meetings shall comply with section 121.22 of the 4090
Revised Code.4091

       (C) The agency shall maintain accounting records in 4092
accordance with generally accepted accounting principals and other 4093
required accounting standards.4094

       (D) The agency shall develop policies and guidelines for the 4095
administration of its programs and annually shall conduct at least 4096
one public hearing to obtain input from any interested party 4097
regarding the administration of its programs. The hearing shall be 4098
held at a time and place as the agency determines and when a 4099
quorum of the agency is present.4100

       (E) The agency shall appoint committees and subcommittees 4101
comprised of members of the agency to handle matters it deems 4102
appropriate.4103

       (1) The agency shall adopt an annual plan to address this 4104
state's housing needs. The agency shall appoint an annual plan 4105
committee to develop the plan and present it to the agency for 4106
consideration.4107

        (2) The annual plan committee shall select an advisory board 4108
from a list of interested individuals the executive director 4109
provides or on its own recommendation. The advisory board shall 4110
provide input on the plan at committee meetings prior to the 4111
annual public hearing. At the public hearing, the committee shall 4112
discuss advisory board comments. The advisory board may include, 4113
but is not limited to, persons who represent state agencies, local 4114
governments, public corporations, nonprofit organizations, 4115
community development corporations, housing advocacy organizations 4116
for low- and moderate-income persons, realtors, syndicators, 4117
investors, lending institutions as recommended by a statewide 4118
banking organization, and other entities participating in the 4119
agency's programs.4120

       Each agency program that allows for loans to be made to 4121
finance housing for owner occupancy that benefits other than low- 4122
and moderate-income households, or for loans to be made to 4123
individuals under bonds issued pursuant to division (B) of section 4124
175.08 of the Revised Code, shall be presented to the advisory 4125
board and included in the annual plan as approved by the agency 4126
before the program's implementation.4127

       (F) The agency shall prepare an annual financial report 4128
describing its activities during the reporting year and submit 4129
that report in accordance with division (H) of this section and to 4130
the governor, the speaker of the house of representatives, and the 4131
president of the senate within three months after the end of the 4132
reporting year. The report shall include the agency's audited 4133
financial statements, prepared in accordance with generally 4134
accepted accounting principles and appropriate accounting 4135
standards.4136

       (G) The agency shall prepare an annual report of its programs 4137
describing how the programs have met this state's housing needs. 4138
The agency shall submit the report in accordance with division (H) 4139
of this section and to the governor, the speaker of the house of 4140
representatives, and the president of the senate within three 4141
months after the end of the reporting year.4142

       (H)(1) The agency shall submit, within a time frame agreed to 4143
by the agency and the chairs, the annual financial report 4144
described in division (F) of this section and the annual report of 4145
programs described in division (G) of this section to the chairs 4146
of the committees dealing with housing issues in the house of 4147
representatives and the senate.4148

       (2) Within forty-five days of issuance of the annual 4149
financial report, the agency's executive director shall request to 4150
appear in person before the committees described in division 4151
(H)(1) of this section to testify in regard to the financial 4152
report and the report of programs. The testimony shall include 4153
each of the following:4154

        (a) An overview of the annual plan adopted pursuant to 4155
division (E)(1) of this section;4156

        (b) An evaluation of whether the objectives in the annual 4157
plan were met through a comparison of the annual plan with the 4158
annual financial report and report of programs;4159

       (c) A complete listing by award and amount of all business 4160
and contractual relationships in excess of one hundred thousand 4161
dollars between the agency and other entities and organizations 4162
that participated in agency programs during the fiscal year 4163
reported by the agency's annual financial report and report of 4164
programs;4165

       (d) A complete listing by award and amount of the low-income 4166
housing tax credit syndication and direct investor entities for 4167
projects that received tax credit reservations and IRS Form 8609 4168
during the fiscal year.4169

       Sec. 175.05. (A) The Ohio housing finance agency shall do all 4170
of the following related to the agency's operation:4171

       (1) Adopt bylaws for the conduct of its business;4172

       (2) Employ and fix the compensation of anthe executive 4173
director who serves at the pleasure of the agency to administer 4174
the agency's programs and activities. The executive director may 4175
employ and fix the compensation of employees in the unclassified 4176
civil service as necessary to carry out this chapter and may 4177
employ other personnel who are governed by collective bargaining 4178
law and classified under that law. The executive director shall 4179
file financial disclosure statementscarry out all duties as 4180
described in section 102.02175.053 of the Revised Code.4181

       (3) Establish an operating budget for the agency and 4182
administer funds appropriated for the agency's use;4183

       (4) Notwithstanding any other provision of the Revised Code, 4184
hold all moneys, funds, properties, and assets the agency acquires 4185
or that are directly or indirectly within the agency's control, 4186
including proceeds from the sale of bonds, revenues, and 4187
otherwise, in trust for the purpose of exercising its powers and 4188
carrying out its duties pursuant to this chapter. Notwithstanding 4189
any other provision of the Revised Code other than section 175.051 4190
of the Revised Code, at no time shall the agency's moneys, funds, 4191
properties, or assets be considered public moneys, public funds, 4192
public properties, or public assets or subject to Chapters 131. 4193
and 135. of the Revised Code.4194

       (5) Maintain a principal office and other offices within the 4195
state.4196

       (B) The Ohio housing finance agency may do any of the 4197
following related to the agency's operation:4198

       (1) Except as otherwise provided in section 174.04 of the 4199
Revised Code, determine income limits for low- and moderate-income 4200
persons and establish periodic reviews of income limits. In 4201
determining income limits, the agency shall take into 4202
consideration the amount of income available for housing, family 4203
size, the cost and condition of available housing, ability to pay 4204
the amounts the private market charges for decent, safe, and 4205
sanitary housing without federal subsidy or state assistance, and 4206
the income eligibility standards of federal programs. Income 4207
limits may vary from area to area within the state.4208

       (2) Provide technical information, advice, and assistance 4209
related to obtaining federal and state aid to assist in the 4210
planning, construction, rehabilitation, refinancing, and operation 4211
of housing;4212

       (3) Provide information, assistance, or instruction 4213
concerning agency programs, eligibility requirements, application 4214
procedures, and other related matters;4215

       (4) Procure or require the procurement of insurance and pay 4216
the premium against loss in connection with the agency's 4217
operations, to include the repayment of a loan, in amounts and 4218
from insurers, including the federal government, as the agency 4219
determines;4220

       (5) Contract with, retain, or designate financial 4221
consultants, accountants, and other consultants and independent 4222
contractors, other than attorneys, whom the agency determines are 4223
necessary or appropriate;4224

       (6) Charge, alter, and collect interest and other charges for 4225
program services including, but not limited to, the allocation of 4226
loan funds, the purchase of mortgage loans, and the provision of 4227
services that include processing, inspecting, and monitoring of 4228
housing units financed and the financial records for those units;4229

       (7) Conduct or authorize studies and analyses of housing 4230
needs and conditions to the extent that those activities are not 4231
carried out by other agencies in a manner that is satisfactory for 4232
the agency's needs;4233

       (8)(a) Acquire by gift, purchase, foreclosure, investment, or 4234
other means, and hold, assign, pledge, lease, transfer, or 4235
otherwise dispose of real and personal property or any interest in 4236
that property in the exercise of its powers and the performance of 4237
its duties;4238

       (b) Any instrument by which real property is acquired 4239
pursuant to this section shall identify the state agency that has 4240
the use and benefit of the real property as specified in section 4241
5301.012 of the Revised Code.4242

       (9)(a) Borrow money, receive gifts, grants, loans, or other 4243
assistance from any federal, state, local, or other government 4244
source, including the housing development fund and the housing 4245
trust fund, and enter into contracts in connection with those 4246
sources of assistance;4247

       (b) Receive assistance or contributions from any 4248
nongovernment source to include money, property, labor, or things 4249
of value, to be held, used, and applied only for the purposes for 4250
which the grants and contributions are made and within the 4251
purposes of this chapter.4252

       (10) Sue and be sued in its own name with respect to its 4253
contracts, obligations, and covenants, or the enforcement of this 4254
chapter. Any actions against the agency shall be brought in a 4255
court of competent jurisdiction located in Franklin county, Ohio.4256

       (11) Enter into any contract, commitment, or agreement and 4257
execute any instrument necessary or incidental to the performance 4258
of duties and the execution of powers;4259

       (12) Adopt an official seal;4260

       (13)(a) Contract with any private or government entity to 4261
administer programs for which the agency receives sufficient 4262
revenues for its services or the agency supports with uncommitted 4263
agency resources that pay the agency's operating costs;4264

       (b) Administer state and federal programs for which the 4265
governor designates the agency to act as administrator. The agency 4266
may charge administrative fees to the state, the federal 4267
government, or a program recipient.4268

       (14) Notwithstanding any other provision of the Revised Code, 4269
establish, maintain, administer, and close funds and accounts as 4270
convenient or appropriate to the agency's operations;4271

       (15) Establish a policy to permit the investment of agency 4272
funds in securities and obligations;4273

       (16) Establish rules and procedures that the agency 4274
determines are appropriate to appeal the agency's actions and 4275
decisions;4276

       (17) Serve housing needs in instances that the agency 4277
determines necessary as a public purpose;4278

       (18) Provide coverage for its employees under Chapters 145., 4279
4123., and 4141. of the Revised Code;4280

       (19) Adopt rules pursuant to Chapter 119. of the Revised 4281
Code;4282

       (20) Do anything necessary or appropriate to exercise the 4283
powers of this chapter and carry out the purposes of this chapter 4284
and Section 14, Article VIII and Section 16, Article VIII, Ohio 4285
Constitution.4286

       (C) The attorney general shall serve as the legal 4287
representative for the Ohio housing finance agency and may appoint 4288
special counsel for that purpose in accordance with section 109.07 4289
of the Revised Code.4290

       Sec. 175.053. The executive director employed by the agency 4291
pursuant to division (A)(2) of section 175.05 of the Revised Code 4292
shall do all of the following:4293

       (A) File financial disclosure statements as described in 4294
section 102.02 of the Revised Code;4295

       (B) Ensure policies and procedures are developed and 4296
maintained for the operation and administration of the agency's 4297
programs and activities that encourage competition and minimize 4298
concentration. Policies and procedures shall address all 4299
applicable requirements described in the Revised Code and federal 4300
regulations.4301

       (C) Provide an update, during the testimony described in 4302
division (H)(2) of section 175.04 of the Revised Code, on any 4303
audits performed during the fiscal year.4304

       Sec. 175.06. (A) The Ohio housing finance agency shall do all 4305
of the following related to carrying out its programs:4306

       (1) Upon the governor's designation, serve as the housing 4307
credit agency for the state and perform all responsibilities of a 4308
housing credit agency pursuant to Section 42 of the Internal 4309
Revenue Code and similar applicable laws;4310

       (2) Require that housing that benefits from the agency's 4311
assistance be available without discrimination in accordance with 4312
Chapter 4112. of the Revised Code and applicable provisions of 4313
federal law;4314

       (3) Demonstrate measurable and objective transparency;4315

       (4) Efficiently award funding to maximize affordable housing 4316
production using cost-effective strategies;4317

       (5) Encourage national equity investment in low-income 4318
housing tax credit projects;4319

       (6) Utilize resources to provide competitive homebuyer 4320
programs to serve low- and moderate-income persons.4321

       (B) The Ohio housing finance agency may do any of the 4322
following related to carrying out its programs:4323

       (1) Issue bonds, provide security for assets, make deposits, 4324
purchase or make loans, provide economic incentives for the 4325
development of housing, and provide financial assistance for 4326
emergency housing;4327

       (2) Serve as a public housing agency and contract with the 4328
United States department of housing and urban development to 4329
administer the department's rent subsidy program, housing subsidy 4330
program, and monitoring programs for low- and moderate-income 4331
persons. The agency shall ensure that any contract into which it 4332
enters provides for sufficient compensation to the agency for its 4333
services.4334

       (3) Develop and administer programs under which the agency 4335
uses moneys from the housing trust fund as allocated by the 4336
department of development to extend financial assistance pursuant 4337
to sections 174.01 to 174.07 of the Revised Code;4338

       (4) Make financial assistance available;4339

       (5) Guarantee and commit to guarantee the repayment of 4340
financing that a lending institution extends for housing, 4341
guaranteeing that debt with any of the agency's reserve funds not 4342
raised by taxation and not otherwise obligated for debt service, 4343
including the housing development fund established pursuant to 4344
section 175.11 of the Revised Code and any fund created under 4345
division (B)(14) of section 175.05 of the Revised Code;4346

       (6) Make, commit to make, and participate in making financial 4347
assistance, including federally insured mortgage loans, available 4348
to finance the construction and rehabilitation of housing or to 4349
refinance existing housing;4350

       (7) Invest in, purchase, and take from lenders the assignment 4351
of notes or other evidence of debt including federally insured 4352
mortgage loans, or participate with lenders in notes and loans for 4353
homeownership, development, or refinancing of housing;4354

       (8) Sell at public or private sale any mortgage or mortgage 4355
backed securities the agency holds;4356

       (9) Issue bonds to carry out the agency's purposes as set 4357
forth in this chapter;4358

       (10) Extend or otherwise make available housing assistance on 4359
terms the agency determines.4360

       (C) The Ohio housing finance agency may issue bonds and 4361
extend financial assistance from any fund the agency administers 4362
for the prompt replacement, repair, or refinancing of damaged 4363
housing if both of the following apply:4364

       (1) The governor declares that a state of emergency exists 4365
with respect to a county, region, or political subdivision of this 4366
state, or declares that a county, region, or political subdivision 4367
has experienced a disaster as defined in section 5502.21 of the 4368
Revised Code.4369

       (2) The agency determines that the emergency or disaster has 4370
substantially damaged or destroyed housing in the area of the 4371
emergency or disaster.4372

       (D) The agency shall establish guidelines for extending 4373
financial assistance for emergency housing. The guidelines shall 4374
include eligibility criteria for assistance and the terms and 4375
conditions under which the agency may extend financial assistance.4376

       Sec. 191.01.  As used in this chapter:4377

       (A) "Administrative safeguards," "availability," 4378
"confidentiality," "integrity," "physical safeguards," and 4379
"technical safeguards" have the same meanings as in 45 C.F.R. 4380
164.304.4381

        (B) "Business associate," "covered entity," "health plan," 4382
"individually identifiable health information," and "protected 4383
health information" have the same meanings as in 45 C.F.R. 4384
160.103.4385

       (C) "Executive director of the office of health 4386
transformation" or "executive director" means the executive 4387
director of the office of health transformation or the chief 4388
administrative officer of a successor governmental entity 4389
responsible for health system oversight in this state.4390

       (D) "Government program providing public benefits" means any 4391
program administered by a state agency that has been identified, 4392
pursuant to section 191.02 of the Revised Code, by the executive 4393
director of the office of health transformation in consultation 4394
with the individuals specified in that section. 4395

       (E) "Office of health transformation" means the office of 4396
health transformation created by executive order 2011-02K.4397

       (F) "Operating protocol" means a protocol adopted by the 4398
executive director of the office of health transformation or the 4399
executive director's designee under division (D) of section 191.06 4400
of the Revised Code.4401

       (G) "Participating agency" means a state agency that 4402
participates in a health transformation initiative as specified in 4403
the one or more operating protocols adopted for the initiative 4404
under division (D) of section 191.06 of the Revised Code.4405

       (H) "Personally identifiable information" means information 4406
that meets both of the following criteria: 4407

       (1) It identifies an individual or there is a reasonable 4408
basis to believe that it may be used to identify an individual;4409

       (2) It relates to an individual's eligibility for, 4410
application for, or receipt of public benefits from a government 4411
program providing public benefits.4412

       (I) "State agency" means each of the following:4413

       (1) The department of administrative services;4414

       (2) The department of aging;4415

       (3) The development services agency;4416

       (4) The department of developmental disabilities;4417

       (5) The department of education;4418

       (6) The department of health;4419

       (7) The department of insurance;4420

       (8) The department of job and family services;4421

       (9) The department of medicaid;4422

       (10) The department of mental health and addiction services;4423

       (11) The department of rehabilitation and correction;4424

       (12) The department of taxation;4425

       (13) The department of veterans services;4426

       (14) The department of youth services;4427

       (15) The opportunities for Ohioans with disabilities agency.4428

       (J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.4429

       Sec. 193.01.  The general assembly finds that the presence 4430
and stability of federal-military installations and the associated 4431
private industry and higher education collaborations that occur 4432
within the state preserves existing jobs, creates new jobs and 4433
employment opportunities, improves the economic welfare of the 4434
people of the state, and materially contributes to regional 4435
economic stability in the area of their locations. Therefore, it 4436
is declared to be the public policy of the state to assist in and 4437
facilitate public or private partnerships that would aid in the 4438
retention and growth in the active federal and military missions 4439
and agencies located in the state.4440

       Sec. 193.03.  (A) There is hereby created the 4441
federal-military jobs commission to develop and maintain an 4442
ongoing strategy for retention and growth of federal-military 4443
agencies and missions and associated private sector jobs in the 4444
state.4445

       (B) The commission shall consist of the following members, 4446
none of whom may be an elected official of the state:4447

       (1) Three members appointed by the president of the senate;4448

       (2) Three members appointed by the speaker of the house of 4449
representatives;4450

       (3) Three members appointed by the governor.4451

       (C)(1) Initial appointments to the commission shall be made 4452
not later than October 1, 2014. Members shall serve one-year 4453
terms.4454

       (2) Members may be reappointed to the commission. Vacancies 4455
on the commission shall be filled in the same manner as the 4456
original appointments.4457

       (3) Members serve at the pleasure of, and may be removed for 4458
just cause by, the member's appointing authority.4459

       (4) Qualifications for an individual's appointment to the 4460
commission may include, but are not limited to, any of the 4461
following service or employment experience:4462

       (a) Former service as a military officer;4463

       (b) Civilian service in an executive leadership position in a 4464
federal-military agency;4465

       (c) Experience as an executive in a related business or 4466
industry;4467

       (d) Employment in academia or higher education;4468

       (e) Experience in commercialization and privatization of 4469
research and technology.4470

       (D) The first person appointed by the president of the senate 4471
shall schedule the first meeting of the commission. At the first 4472
meeting, the commission shall select a chairperson from among its 4473
members. After the first meeting, the commission shall meet at 4474
least once during each quarter at the call of the chairperson or 4475
upon the request of a majority of the commission's members. A 4476
majority of the commission constitutes a quorum, and no action 4477
shall be taken without the concurrence of a majority of the 4478
members.4479

       (E) The adjutant general shall provide administrative 4480
assistance to the commission, including office space and 4481
facilities for the commission. 4482

       (F) The commission shall administer any money that may be 4483
appropriated to it by the general assembly. 4484

       (G) Commission members shall serve without compensation, but 4485
shall be reimbursed for actual and necessary expenses incurred in 4486
the performance of commission duties.4487

       (H) The attorney general shall serve as the legal 4488
representative for the commission and may appoint special counsel 4489
as necessary for that purpose in accordance with section 109.07 of 4490
the Revised Code.4491

       (I) The commission may employ professional, technical, and 4492
clerical employees as are necessary for the commission to be able 4493
to successfully and efficiently perform its duties. All such 4494
employees are in the unclassified service and serve at the 4495
commission's pleasure. The commission may contract for the 4496
services of persons who are qualified by education and experience 4497
to advise, consult with, or otherwise assist the commission in the 4498
performance of its duties.4499

       Sec. 193.05.  (A) The federal-military jobs commission shall 4500
be responsible for the furtherance and implementation of 4501
federal-military installation jobs and any programs under this 4502
chapter. The federal-military jobs commission shall do the 4503
following:4504

       (1) Develop and recommend strategies that support and foster 4505
collaboration among local and regional entities to identify 4506
appropriate opportunities for the protection of existing 4507
federal-military facilities and the placement of additional 4508
federal-military facilities in the state;4509

       (2) For facilities located in the state, maintain a current 4510
listing of all facilities of the federal government, including 4511
military, national security, and national aeronautics and space 4512
administration facilities, Ohio national guard facilities, and 4513
related state and federal facilities, including their master 4514
plans;4515

       (3) Make recommendations, as appropriate, to prepare the 4516
state to effectively compete in future and ongoing federal budget 4517
reduction processes; 4518

       (4) For the purpose of formulating strategies to secure the 4519
long-term viability, retention, and growth of military missions 4520
and facilities in the state, direct and review studies by experts 4521
that have utilized past base realignment and closure criteria and 4522
scoring to conduct a thorough and detailed analysis of the 4523
military value of the state's military installations, ranges, and 4524
airspace;4525

       (5) Review the scoring criteria from any previous federal 4526
defense base closure and realignment commission's processes to 4527
determine the following:4528

       (a) The strengths and weaknesses of the state relative to 4529
competing installations and facilities, which shall include an 4530
analysis of military value 1-4 attributes, metrics and criteria 4531
such as airspace attributes, encroachment, air traffic control 4532
restrictions, area cost factors, and area weather;4533

       (b) The opportunities for increasing the military value of 4534
federal-military operations in the state that still exist after a 4535
previous federal defense base closure and realignment commission 4536
process. 4537

       (6) Provide an ongoing examination of federal agency 4538
construction, including construction for the military, for 4539
homeland security, and for the national aeronautics and space 4540
administration, and related operations budget requests relative to 4541
the infrastructure plans of federal-military agencies and 4542
facilities;4543

       (7) Access and review long-range military construction plans, 4544
associated costs, and timelines as made available by federal 4545
government agencies; 4546

       (8) Recommend a public-private partnership for services 4547
specified by the commission that include, but are not limited to, 4548
energy services, internet connectivity, snow removal, fire 4549
service, waste management, library services, day care center 4550
services, security services, and services opportunities to lower 4551
the cost of operations at federal-military installations in the 4552
state;4553

       (9) Examine the roles and responsibilities of general 4554
aviation at airports located in the state and develop and 4555
recommend local and federal programs to assist the state's 4556
installations and facilities related to municipal airport 4557
agreements and the federal airport improvement program;4558

       (10) Review and develop joint base and infrastructure plans 4559
for improving proximity to training areas, consolidating training 4560
centers, and determining alternatives that may exist in current 4561
federal military construction programs for shared services and 4562
shared savings opportunities; 4563

       (11) Evaluate plans for federal agencies and local 4564
communities that address excess capacity of buildings, developed 4565
land, and land available for development; 4566

       (12) Evaluate enhanced use lease opportunities made available 4567
to federal-military entities in Ohio;4568

       (13) Recommend to the general assembly future programs that 4569
may enhance the state's ability to compete for the retention and 4570
creation of job opportunities related to federal-military 4571
facilities and infrastructure in the state;4572

       (14) In consultation with other state agencies, develop 4573
programs that utilize federal and higher education research 4574
initiatives to commercialize and privatize products to private 4575
sector companies in the state;4576

       (15) Develop programs that create a statewide response to the 4577
federal initiatives that make contracts available to small 4578
businesses and veteran-owned Ohio businesses;4579

       (16) Develop programs and initiatives to promote career 4580
awareness and readiness for, and job placement with, 4581
federal-military jobs and other private sector employer jobs in 4582
the state.4583

       (B) The commission shall adopt internal rules and policies to 4584
implement any of the provisions of this chapter applicable to the 4585
commission.4586

       (C) Except as otherwise prescribed in this chapter, all 4587
expenses incurred by the commission in carrying out the 4588
commission's powers and in exercising the commission's duties 4589
under this chapter, shall be payable solely from, as appropriate, 4590
moneys in the federal-military jobs fund. This chapter does not 4591
authorize the commission to incur bonded indebtedness of the state 4592
or any political subdivision thereof, or to obligate or pledge 4593
moneys raised by taxation for the payment of any guarantees made 4594
pursuant to this chapter.4595

       (D) Government agencies of the state shall cooperate with and 4596
provide assistance to the commission and the controlling board in 4597
the exercise of their respective functions under this chapter.4598

       Sec. 193.07. There is hereby created in the state treasury 4599
the federal-military jobs fund. The fund shall consist of moneys 4600
appropriated to it by the general assembly.4601

       Sec. 193.09.  Not later than the first day of April in 2015, 4602
the federal-military jobs commission shall submit a report to the 4603
governor, the president and minority leader of the senate, and the 4604
speaker and minority leader of the house of representatives that 4605
outlines the commission's activities for the preceding year, 4606
including findings and evaluations under divisions (A)(1) to (6) 4607
of section 193.05 of the Revised Code.4608

       Sec. 306.04.  (A) Except as otherwise provided in division 4609
(B) of this section, employees of a county transit board or a 4610
board of county commissioners operating a transit system are 4611
employees of the county. If the system is operated by the board of 4612
county commissioners, the board shall appoint an executive 4613
director, who shall be in the unclassified service.4614

       (B) Any county transit board that established its own civil 4615
service organization and procedure prior to October 25, 1995, 4616
shall continue to operate under that organization. Appointments 4617
and promotions in that system shall be made, as far as 4618
practicable, by competitive examination.4619

       A board that established its own civil service organization 4620
prior to October 25, 1995, shall establish by rule the seniority 4621
provisions relating to street railway and motor bus employees in 4622
effect at the time of the acquisition of the transit system by the 4623
county. The vacation, holiday, and sick leave privileges shall not 4624
be regulated by other provisions of law relating to public 4625
employees of the state or county, except that the transit board, 4626
its officers and employees, shall be subject to the public 4627
employees retirement system of the state and the transit board 4628
shall assume any pension obligations which have been assumed by 4629
any publicly owned transit system which the county may acquire.4630

       (C) A county transit board or board of county commissioners 4631
operating a transit system may:4632

       (1) Acquire in its name by gift, grant, purchase, or 4633
condemnation and hold and operate real estate and interests 4634
therein and personal property suitable for its purposes;4635

       (2) In its name purchase, acquire, construct, enlarge, 4636
improve, equip, repair, maintain, sell, exchange, lease as lessee 4637
or lessor, receive a right of use of, and manage, control, and 4638
operate, in or out of the county, a county transit system 4639
consisting of all real estate and interests therein, personal 4640
property, and a combination thereof, for or related to the 4641
movement of persons including but not limited to street railway, 4642
tramline, subways, rapid transits, monorails, and passenger bus 4643
systems but excluding therefrom trucks, the movement of property 4644
by truck, and facilities designed for use in the movement of 4645
property by truck for hire;4646

       (3) Issue, with the approval of the county commissioners when 4647
the issuance is made by the transit board, revenue bonds of the 4648
county as provided in division (B) of section 306.09 of the 4649
Revised Code, to secure funds to accomplish its purposes. The 4650
principal of and interest on such bonds, together with all other 4651
payments required to be made by the trust agreement or indenture 4652
securing such bonds, shall be paid solely from revenues or other 4653
income accruing to the board from facilities of the county transit 4654
system designated in said agreement or indenture.4655

       (4) Enter into contracts in the exercise of the rights, 4656
powers, and duties conferred upon it, and execute all instruments 4657
necessary in the conduct of its business;4658

       (5) Fix, alter, and charge rates and other charges for the 4659
use of its real estate and interests therein, personal property, 4660
and combinations thereof;4661

       (6) Employ such financial consultants, accountants, 4662
appraisers, consulting engineers, architects, construction 4663
experts, attorneys-at-law, managers and other supervisory 4664
personnel, and other officers, employees, and agents as it 4665
determines necessary to conduct its business, and fix their 4666
compensation and duties;4667

       (7) Pledge, hypothecate, or otherwise encumber its revenues 4668
and other income as security for its obligations and enter into 4669
trust agreements or indentures for the benefit of revenue 4670
bondholders;4671

       (8) Borrow money or accept or contract to accept advances, 4672
loans, gifts, grants, devises, or bequests from and enter into 4673
contracts or agreements with any federal, state, or other 4674
governmental or private source and hold and apply advances, loans, 4675
gifts, grants, devises, or bequests according to the terms thereof 4676
including provisions which are required by such federal, state, or 4677
other governmental or private source to protect the interest of 4678
employees affected by such advances, loans, gifts, grants, 4679
devises, or bequests. Such advances, loans, gifts, grants, or 4680
devises may be subject to any reasonable reservation and any gift, 4681
grant, or devise or real estate may be in fee simple or any lesser 4682
estate. Any advances or loans received from any federal, state, or 4683
other governmental or private source may be repaid in accordance 4684
with the terms of such advance or loan. A loan accepted by a 4685
county transit board shall not, in any way, obligate the general 4686
fund of a county or a board of county commissioners.4687

       (9) Conduct investigations and surveys into the needs of the 4688
public within or without the county for transportation services to 4689
provide for the movement of persons within, into, or from the area 4690
serviced or to be serviced by the county transit system;4691

       (10) Enter into lawful arrangements with the appropriate 4692
federal or state department or agency, county, township, municipal 4693
corporation, or other political subdivision or public agency for 4694
the planning and installation of any public facilities which are 4695
determined necessary in the conduct of its business;4696

       (11) Purchase fire, extended coverage, and liability 4697
insurance for the real estate and interests therein, personal 4698
property and any combination thereof, used by or in connection 4699
with the county transit system and insurance covering the board 4700
and the county transit system and its officers and employees for 4701
liability for damage or injury to persons or property;4702

       (12) Procure and pay all or any part of the cost of group 4703
hospitalization, surgical, major medical, or sickness and accident 4704
insurance, or a combination thereof, for the officers and 4705
employees of the county transit system and their immediate 4706
dependents, issued by an insurance company, duly authorized to do 4707
business in this state;4708

       (13) Sell, lease, release, or otherwise dispose of real 4709
estate or interests therein or personal property owned by it and 4710
grant such easements across its real estate and interests therein 4711
as will not interfere with its use by the county transit system;4712

       (14) Establish rules for the use and operation of the county 4713
transit system including the real estate or interests therein, 4714
personal property or a combination of the foregoing used by or in 4715
connection with such system;4716

       (15) Exercise the power of eminent domain to appropriate any 4717
real estate or interests therein, personal property, franchises, 4718
or any combination thereof, within or without the county, 4719
necessary or proper in the exercise of its powers provided in 4720
sections 306.01 to 306.13 of the Revised Code, as provided in 4721
sections 163.01 to 163.22 of the Revised Code, and subject to 4722
divisions (15)(a), (b), and (c) of this section, provided that a 4723
county transit board or a board of county commissioners operating 4724
a transit system shall not proceed to so appropriate real property 4725
outside its territorial boundaries, until it has served at the 4726
office of the county commissioners of the county in which it is 4727
proposed to appropriate real property, a notice describing the 4728
real property to be taken and the purpose for which it is proposed 4729
to be taken, and such county commissioners have entered on their 4730
journal within thirty days after such service a resolution 4731
approving such appropriation;.4732

       (a) Nothing contained in this division authorizes a county 4733
transit board or a board of county commissioners to appropriate 4734
any land, rights, rights-of-way, franchises, or easements 4735
belonging to the state or to a municipal corporation without the 4736
consent of the state or of the municipal corporation, and no 4737
county transit board or board of county commissioners shall 4738
exercise the right of eminent domain to acquire any certificate of 4739
public convenience and necessity, or any part thereof, issued to a 4740
for-hire motor carrier by the public utilities commission of Ohio 4741
or by the federal motor carrier safety administration of the 4742
United States, or to take or disturb other real estate or 4743
interests therein, personal property, or any combination thereof 4744
belonging to any municipal corporation without the consent of the 4745
legislative authority of such municipal corporation, or take or 4746
disturb real estate or interests therein, personal property, or 4747
any combination thereof belonging to any other political 4748
subdivision, public corporation, public utility, or common 4749
carrier, which is necessary and convenient in the operation of 4750
such political subdivision, public corporation, public utility, or 4751
common carrier unless provision is made for the restoration, 4752
relocation, or duplication of that taken or upon the election of 4753
such political subdivision, public corporation, public utility, or 4754
common carrier for the payment of compensation, if any, at the 4755
sole cost of the county transit system.4756

       (b) If any restoration or duplication proposed to be made 4757
under this division involves a relocation, the new location shall 4758
have at least comparable utilitarian value and effectiveness, and 4759
such relocation shall not impair the ability of the public utility 4760
or common carrier to compete in its original area of operation.4761

       (c) If such restoration or duplication proposed to be made 4762
under this division involves a relocation, the county transit 4763
board or board of county commissioners shall acquire no interest 4764
or right in or to the appropriated property or facility until the 4765
relocated property or facility is available for use and until 4766
marketable title thereto has been transferred to the political 4767
subdivision, public corporation, public utility, or common 4768
carrier. Nothing in this division shall require any board of 4769
county commissioners or county transit board operating a county 4770
transit system to so restore, relocate, or duplicate, if all of 4771
the real estate and interests therein, personal property, and any 4772
combination of the foregoing which is owned by a public utility or 4773
common carrier and used by it or in connection with the movement 4774
of persons, is acquired by exercise of the power of eminent 4775
domain.4776

       (16) When real property is acquired that is located outside 4777
the county and is removed from the tax duplicate, the county 4778
transit board or board of county commissioners operating a transit 4779
system shall pay annually to the county treasurer of the county in 4780
which that property is located, commencing with the first tax year 4781
in which that property is removed from the tax duplicate, an 4782
amount of money in lieu of taxes equal to the smaller of the 4783
following:4784

       (a) The last annual installment of taxes due from the 4785
acquired property before removal from the tax duplicate;4786

       (b) An amount equal to the difference between the combined 4787
revenue from real estate taxes of all the taxing districts in 4788
which the property is located in the tax year immediately prior to 4789
the removal of the acquired property from the tax duplicate, and 4790
either:4791

       (i) The total revenue which would be produced by the tax rate 4792
of each such taxing district in the tax year immediately prior to 4793
the removal of the acquired property from the tax duplicate, 4794
applied to the real estate tax duplicate of each of such taxing 4795
districts in each tax year subsequent to the year of removal; or4796

       (ii) The combined revenue from real estate taxes of all such 4797
taxing districts in each tax year subsequent to the year of 4798
removal, whichever is the greater.4799

       The county transit board or board of county commissioners may 4800
be exempted from such payment by agreement of the affected taxing 4801
district or districts in the county in which the property is 4802
located.4803

       The county auditor of the county in which that property is 4804
located shall apportion each such annual payment to each taxing 4805
district as if the annual payment had been levied and collected as 4806
a tax.4807

       Those annual payments shall never again be made after they 4808
have ceased.4809

       (17) Sue or be sued, plead or be impleaded, and be held 4810
liable in any court of proper jurisdiction for damages received by 4811
reason of negligence, in the same manner and to the same extent as 4812
if the county transit system were privately operated, provided, 4813
that no funds of a county other than those of the county transit 4814
board or, if the transit system is operated by the board of county 4815
commissioners, other than those in the account for the county 4816
transit system created under division (C) of section 306.01 of the 4817
Revised Code, shall be available for the satisfaction of judgments 4818
rendered against that system;4819

       (18) Annually prepare and make available for public 4820
inspection a report in condensed form showing the financial 4821
results of the operation of the county transit system. For systems 4822
operated by a county transit board, copies of this report shall be 4823
furnished to the county commissioners as well as a monthly summary 4824
statement of revenues and expenses for the preceding month 4825
sufficient to show the exact financial condition of the county 4826
transit system as of the last day of the preceding month.4827

       (19) With the approval of the county commissioners when the 4828
action is taken by the transit board, and without competitive 4829
bidding, sell, lease, or grant the right of use of all or a 4830
portion of the county transit system to any other political 4831
subdivision, taxing district, or other public body or agency 4832
having the power to operate a transit system;4833

       (20) Enter into and supervise franchise agreements for the 4834
operation of a county transit system;4835

       (21) Accept the assignment of and then supervise an existing 4836
franchise agreement for the operation of a county transit system.4837

       (D)(1) As used in this division:4838

       (a) "Applicant" means any person who responds to a request 4839
for proposals and submits an application for a franchise to 4840
operate a public transit system or portion of a public transit 4841
system;4842

       (b) "Application for certification" means the documents that 4843
are required to be filed by a franchisee to initiate the 4844
proceedings required for certification;4845

       (c) "Application for a franchise" means the documents that 4846
are required to be filed in response to a request for proposals 4847
and that initiate the proceedings required for the award of a 4848
franchise;4849

       (d) "Certification" means the order issued by a board of 4850
county commissioners, after submission of an application for 4851
certification, that approves the operation of a public transit 4852
system, or a portion of a public transit system, by a franchisee, 4853
subject to terms and conditions imposed by the board.4854

       (e) "Franchise" means the document and all accompanying 4855
rights approved by the board of county commissioners that provides 4856
the franchisee with the exclusive right to establish a public 4857
transit system and, subject to certification, the right to operate 4858
a public transit system. A franchise may include the right of a 4859
franchisee to provide transportation services for a county 4860
department of job and family services.4861

       (f) "Franchisee" means the individual, corporation, or other 4862
entity awarded a franchise.4863

       (2) A board of county commissioners, on behalf of a county 4864
transit board, may award a franchise to an applicant subject to 4865
such terms and conditions as the board of county commissioners 4866
considers appropriate and consistent with applicable laws. 4867
Subsequent to awarding the franchise, the board of county 4868
commissioners may issue a certification and, until such issuance, 4869
the franchisee has no right to operate a public transit system or 4870
part of such a system. The board of county commissioners shall not 4871
delete, alter, or amend the terms and conditions of the 4872
certification after its issuance. The board shall include in the 4873
certification performance targets related to the operation of a 4874
public transit system by the franchisee, including cost savings to 4875
the county, gains in efficiency, the safety and security of the 4876
traveling public and franchise employees, service to the traveling 4877
public, return on any investments made by the county, and any 4878
other performance targets as determined by the board. All terms 4879
and conditions of the order of certification are terms and 4880
conditions of the franchise. Unless expressly exempted or granted 4881
a waiver in the certification, the franchisee shall comply with 4882
all applicable rules, regulations, orders, and ordinances.4883

       (3) The award of a franchise by a board of county 4884
commissioners to an applicant is the sole license and authority 4885
for the franchisee to establish a public transit system and, 4886
subject to certification, operate a public transit system.4887

       (4) A board of county commissioners shall award a franchise 4888
for a period of not less than ten years, as provided in the 4889
franchise.4890

       (5) A franchise shall not prohibit the franchisee from 4891
implementing new or improved services during the term of the 4892
franchise.4893

        (6) A franchisee shall coordinate its services, as specified 4894
in the franchise, with public transit providers to make effective 4895
transportation services available to the public and provide access 4896
to and from the public transit system.4897

       (7) A board of county commissioners shall provide terms and 4898
conditions in a franchise to ensure that the franchisee will 4899
continue operation of the public transit system for the duration 4900
of the term of the franchise or, if the franchise is revoked, 4901
suspended, or abandoned, that financial and other necessary 4902
resources are available to continue the operation of the system 4903
until another franchisee is selected or until the board of county 4904
commissioners determines to cease the transit operations governed 4905
by the franchise. The franchise shall specifically provide that 4906
the board shall have the right to terminate the franchise if the 4907
board determines that the franchisee has materially breached the 4908
franchise in any manner. The franchisee may appeal such a 4909
termination to the board, and, if the board upholds the 4910
termination, to the proper court of common pleas.4911

       Sec. 306.14.  (A) If a board of county commissioners awards a 4912
franchise to a franchisee on behalf of a county transit board, the 4913
county transit board shall submit an annual written report to the 4914
board of county commissioners not later than a date designated by 4915
the board of county commissioners and in a form prescribed by that 4916
board. The board of county commissioners shall make the report 4917
available on the general web site of the county. The county 4918
transit board shall include in the report a description in detail 4919
of the effects the franchise agreement had during the prior year 4920
on all of the following as they relate to the operation of a 4921
public transit system by the franchisee in that county: 4922

       (1) Cost savings to the county;4923

       (2) Efficiency;4924

       (3) Safety and security of the traveling public and franchise 4925
employees;4926

       (4) Service to the traveling public;4927

       (5) Return on investment by the county;4928

       (6) Any other aspects the board of county commissioners 4929
determines should be included in the report.4930

       (B) A franchisee that is awarded a franchise by a board of 4931
county commissioners on behalf of a county transit board shall 4932
submit an annual written report to the board of county 4933
commissioners or county transit board not later than a date 4934
designated by the board of county commissioners and in a form 4935
prescribed by that board. The board of county commissioners also 4936
shall direct the franchisee to submit the report to the board of 4937
county commissioners, the county transit board, or both. The board 4938
of county commissioners shall establish the issues to be addressed 4939
in the report with respect to the public transit system that the 4940
franchisee operated during the prior year. The board of county 4941
commissioners shall make the report available on the general web 4942
site of the county.4943

       (C) A board of county commissioners that awards a franchise 4944
to a franchisee on behalf of a county transit board shall conduct 4945
an annual review of the performance of the franchisee. The board 4946
of county commissioners shall include in the review a 4947
determination of the number of performance targets the franchisee 4948
met during the prior year and an evaluation of the franchisee's 4949
compliance with the other terms and conditions of the franchise, 4950
including any breaches of the franchise by the franchisee. The 4951
board shall issue a written report, and shall make the report 4952
available on the general web site of the county.4953

       Sec. 307.678.  (A) As used in this section:4954

       (1) "Stadium" means an open-air structure designed and 4955
developed to provide a venue for public entertainment, cultural 4956
activities and recreation, or any combination thereof, including 4957
concerts, athletic and sporting events, and other events and 4958
exhibitions, together with concession, locker room, parking, 4959
restroom, and storage facilities, walkways, and other auxiliary 4960
facilities, whether included within or separate from the 4961
structure, and all real and personal property and interests 4962
therein related to the use of the structure for those purposes. 4963

       (2) "Bureau" means a nonprofit corporation that is organized 4964
under the laws of this state that is, or has among its functions 4965
acting as, a convention and visitors' bureau, and that currently 4966
receives revenue from existing lodging taxes.4967

       (3) "Cooperating parties" means the parties to a cooperative 4968
agreement.4969

       (4) "Cooperative agreement" means an agreement entered into 4970
pursuant to division (B) of this section.4971

       (5) "Corporation" means a nonprofit corporation that is 4972
organized under the laws of this state and has corporate authority 4973
under its organizational instruments to acquire, construct, 4974
reconstruct, equip, finance, furnish, otherwise improve, own, 4975
lease, or operate a stadium.4976

       (6) "Debt charges" has the same meaning as in section 133.01 4977
of the Revised Code, except that "obligations" shall be 4978
substituted for "securities" wherever "securities" appears in that 4979
section.4980

       (7) "Eligible county" means a county having a population of 4981
at least three hundred seventy-five thousand, but not more than 4982
four hundred thousand, according to the most recent federal 4983
decennial census.4984

       (8) "Existing lodging taxes" means taxes levied by a board of 4985
county commissioners of an eligible county under division (A) of 4986
section 5739.09 of the Revised Code.4987

       (9) "Financing costs" means all costs and expenses relating 4988
to the authorization, including any required election, issuance, 4989
sale, delivery, authentication, deposit, custody, clearing, 4990
registration, transfer, exchange, fractionalization, replacement, 4991
payment, and servicing, of obligations, including, without 4992
limitation, costs and expenses for or relating to publication and 4993
printing, postage, delivery, preliminary and final official 4994
statements, offering circulars, and informational statements, 4995
travel and transportation, underwriters, placement agents, 4996
investment bankers, paying agents, registrars, authenticating 4997
agents, remarketing agents, custodians, clearing agencies or 4998
corporations, securities depositories, financial advisory 4999
services, certifications, audits, federal or state regulatory 5000
agencies, accounting and computation services, legal services and 5001
obtaining approving legal opinions and other legal opinions, 5002
credit ratings, redemption premiums, and credit enhancement 5003
facilities. Financing costs may be paid from any money available 5004
for the purpose, including, unless otherwise provided in the 5005
proceedings, from the proceeds of the obligations to which they 5006
relate and, as to future financing costs, from the same sources 5007
from which debt charges on the obligations are paid and as though 5008
debt charges.5009

       (10) "Host municipal corporation" means a municipal 5010
corporation, having a population of at least seventy thousand but 5011
not more than eighty thousand according to the most recent federal 5012
decennial census, within the boundaries of which a stadium is 5013
located.5014

       (11) "Host school district" means the school district within 5015
the boundaries of which a stadium is located.5016

       (12) "Issuer" means any issuer, as defined in section 133.01 5017
of the Revised Code, and any corporation.5018

       (13) "Obligations" means obligations that are issued or 5019
incurred by an issuer pursuant to Chapter 133. or 4582. of the 5020
Revised Code, or otherwise, for the purpose of funding or paying, 5021
or reimbursing persons for the funding or payment of, project 5022
costs, and that evidence the issuer's obligation to repay borrowed 5023
money, including interest thereon, or to pay other money 5024
obligations of the issuer at any future time, including, without 5025
limitation, bonds, notes, anticipatory securities as defined in 5026
section 133.01 of the Revised Code, certificates of indebtedness, 5027
commercial paper, or installment sale, lease, lease-purchase, or 5028
similar agreements.5029

       (14) "Port authority" means a port authority created under 5030
Chapter 4582. of the Revised Code.5031

       (15) "Project" means acquiring, constructing, reconstructing, 5032
rehabilitating, remodeling, renovating, enlarging, equipping, 5033
furnishing, or otherwise improving a stadium or any component or 5034
element thereof. 5035

       (16) "Project cost" means the cost of acquiring, 5036
constructing, reconstructing, rehabilitating, remodeling, 5037
renovating, enlarging, equipping, financing, refinancing, 5038
furnishing, or otherwise improving a project, including, without 5039
limitation, financing costs; the cost of architectural, 5040
engineering, and other professional services, designs, plans, 5041
specifications, surveys, and estimates of costs; financing or 5042
refinancing obligations issued by, or reimbursing money advanced 5043
by, any cooperating party or any other person, where the proceeds 5044
of the obligations or money advanced was used to pay any other 5045
cost described in this division; inspections and testing; any 5046
indemnity or surety bond or premium related to insurance 5047
pertaining to development of the project; all related direct and 5048
indirect administrative costs; fees and expenses of trustees, 5049
escrow agents, depositories, and paying agents for any 5050
obligations; interest on obligations during the planning, design, 5051
and development of a project and for up to eighteen months 5052
thereafter; funding of reserves for the payment of debt charges on 5053
any obligations; and all other expenses necessary or incident to 5054
planning, or determining the feasibility or practicability of, a 5055
project, including, without limitation, advocating the enactment 5056
of legislation to facilitate the development and financing of a 5057
project.5058

       (B) On or before December 31, 2015, the board of county 5059
commissioners of an eligible county, a host municipal corporation, 5060
the board of education of a host school district, a port 5061
authority, a bureau, and a corporation, or any combination 5062
thereof, may enter into a cooperative agreement under which:5063

       (1) The board of county commissioners and the bureau agree to 5064
make available to a cooperating party or any other person proceeds 5065
of an existing lodging tax, not to exceed five hundred thousand 5066
dollars each year, to pay project costs or debt charges on 5067
obligations issued by a cooperating party to fund, finance, or 5068
refinance the payment of project costs;5069

       (2) The cooperating parties agree, subject to any conditions 5070
or limitations provided in the cooperative agreement, to each of 5071
the following:5072

       (a) The conveyance, grant, or transfer to a cooperating party 5073
or any other person of ownership of, property interests in, and 5074
rights to use a stadium, either as the stadium exists at the time 5075
of the agreement or as it may be improved by a project;5076

       (b) The respective responsibilities of each cooperating party 5077
for the management, operation, maintenance, repair, and 5078
replacement of a stadium, including any project undertaken with 5079
respect to the stadium, which may include authorization for a 5080
cooperating party to contract with any other person for any such 5081
purpose;5082

       (c) The respective responsibilities of each cooperating party 5083
for the development and financing of a project, including, without 5084
limitation, the cooperating party or parties that shall be 5085
responsible for contracting for the development of a project and 5086
administering contracts into which the party or parties enter into 5087
for that purpose;5088

       (d) The respective responsibilities of each cooperating party 5089
to provide money, whether by issuing obligations or otherwise, for 5090
the funding, payment, financing, or refinancing, or reimbursement 5091
to a cooperating party or other person for the funding, payment, 5092
financing, or refinancing, of project costs;5093

       (e) The respective responsibilities of each cooperating 5094
party, or any other person, to provide money or other security for 5095
the payment of debt charges on obligations.5096

       (C) Any conveyance, grant, or transfer of ownership of, 5097
property interests in, or rights to use a stadium, and any 5098
contract for the development, management, operation, maintenance, 5099
repair, or replacement of a stadium, including any project 5100
undertaken with respect to an existing stadium, that is 5101
contemplated by a cooperative agreement may be made or entered 5102
into by a cooperating party, in such manner and upon such terms as 5103
the cooperating parties may agree, without any requirement of 5104
bidding and without regard to ownership of the stadium, 5105
notwithstanding any other provision of law that may otherwise 5106
apply. A project constitutes a "port authority facility" within 5107
the meaning of division (D) of section 4582.01 and division (E) of 5108
section 4582.21 of the Revised Code and shall be considered a 5109
permanent improvement for one purpose under Chapter 133. of the 5110
Revised Code.5111

       (D) Notwithstanding any other provision of law, and after 5112
deducting the real and actual costs of administering an existing 5113
lodging tax and any portion of such tax required to be returned to 5114
any municipal corporation or township as provided in division 5115
(A)(1) of section 5739.09 of the Revised Code, the board of county 5116
commissioners of an eligible county and a bureau may agree to make 5117
available, and a cooperating party or other person may use, 5118
proceeds of an existing lodging tax for the funding or payment of 5119
project costs, including, without limitation, the payment of debt 5120
charges on obligations. Either the board or the bureau, or both, 5121
may pledge proceeds of an existing lodging tax to the payment of 5122
debt charges on obligations. The total amount of existing lodging 5123
tax proceeds made available for such use or so pledged each year 5124
shall not exceed five hundred thousand dollars. The lien of any 5125
such pledge shall be effective against all persons when it is 5126
made, without the requirement for the filing of any notice, and 5127
any proceeds of an existing lodging tax so pledged and required to 5128
be used to pay debt charges on obligations shall be paid by the 5129
county or bureau at the times, in the amounts, and to such payee, 5130
including, without limitation, a corporate trustee or paying 5131
agent, required for such obligations. The board of county 5132
commissioners may amend any previously adopted resolution 5133
providing for the levy of an existing lodging tax to permit the 5134
use of the proceeds of the existing lodging tax as provided in 5135
this division.5136

       (E) A board of county commissioners shall not repeal, 5137
rescind, or reduce the levy of an existing lodging tax to the 5138
extent its proceeds are pledged to the payment of debt charges on 5139
obligations, and any such lodging tax shall not be subject to 5140
repeal, rescission, or reduction by initiative, referendum, or 5141
subsequent enactment of legislation by the general assembly, so 5142
long as there remain outstanding any obligations as to which the 5143
payment of debt charges is secured by a pledge of the existing 5144
lodging tax.5145

       (F) A pledge of the proceeds of an existing lodging tax under 5146
division (D) of this section shall not constitute indebtedness of 5147
the eligible county for the purposes of Chapter 133. of the 5148
Revised Code.5149

       (G) The authority provided by this section is supplemental 5150
to, and is not intended to limit in any way, any legal authority 5151
that a cooperating party may have under any other provision of 5152
law.5153

       Sec. 307.6910. (A) A new nonprofit corporation shall be 5154
organized under the laws of this state for the purpose of 5155
operating a veterans memorial and museum to be located within the 5156
city of Columbus at the site described in division (B) of this 5157
section. 5158

       (B) The site of the veterans memorial and museum, shall be 5159
constructed on the following parcel of real property owned in fee 5160
simple by the board of county commissioners of Franklin county:5161

       That property located at 300 West Broad Street, Columbus, 5162
Ohio, generally lying north of Broad Street, south of the 5163
right-of-way line of Norfolk and Southern Railway, west of the 5164
Scioto River and its floodwall, and east of the east line of Belle 5165
Street if the same extended north of Broad Street to the railroad 5166
right-of-way.5167

        (C) The bylaws of the new nonprofit corporation shall provide 5168
for the board of directors to consist of fifteen members. The 5169
appointments to the board of directors shall be made in accordance 5170
with the articles of incorporation and bylaws of the nonprofit 5171
corporation. All appointments to the board of directors shall 5172
satisfy any qualifications set forth in the nonprofit 5173
corporation's bylaws. A majority of the members of the board of 5174
directors appointed by each appointing entity shall be veterans of 5175
the armed forces of the United States. The appointments shall be 5176
made as follows:5177

        (1) The board of county commissioners of Franklin county 5178
shall appoint five members.5179

        (2) The articles of incorporation shall provide for the 5180
remaining appointments, not to exceed ten, the majority of whom 5181
shall be veterans of the armed forces of the United States.5182

        (D) All meetings and records of the new nonprofit corporation 5183
shall be conducted and maintained in accordance with the sunshine 5184
laws of this state, including, but not limited to, sections 121.22 5185
and 149.43 of the Revised Code.5186

        (E) The board of county commissioners of Franklin county may 5187
lease the site described in division (B) of this section together 5188
with any adjacent property, without engaging in competitive 5189
bidding, to an Ohio nonprofit corporation for the construction, 5190
development, and operation of the veterans memorial and museum. A 5191
board of county commissioners may appropriate funds to either the 5192
nonprofit corporation established as provided in this section or 5193
the nonprofit corporation with which the county has leased the 5194
property for permanent improvements and operating expenses of the 5195
veterans memorial and museum.5196

       Sec. 307.863.  (A) Notwithstanding section 307.86 of the 5197
Revised Code, a board of county commissioners that awards a 5198
franchise to a franchisee on behalf of a county transit board 5199
pursuant to section 306.04 of the Revised Code to operate a public 5200
transit system shall award the franchise through competitive 5201
bidding as prescribed in this section. The board shall solicit 5202
bids that are not sealed, and shall ensure that all bids the board 5203
receives are open for public inspection. The board shall consider 5204
all bids that are timely received.5205

       (B) The fact that a bid proposes to be the most beneficial to 5206
the county monetarily in and of itself does not confer best bid 5207
status on that bid.5208

       (C) In awarding a franchise to a bidder to operate a public 5209
transit system, the board may consider all of the following:5210

       (1) The proposed monetary benefit to the county;5211

       (2) The bidder's ownership of, or access to, transportation 5212
facilities or transportat