Text of OH HB 110 (2021)

Creates appropriations for FY 2022-2023.

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As Introduced 134th General Assembly Regular Session H. B. No. 110 2021-2022 Representative Oelslager A B I L L To amend sections 9.318, 9.821, 9.822, 9.83, 102.02, 109.572, 109.79, 111.16, 111.28, 111.48, 119.12, 121.02, 121.03, 121.07, 121.08, 121.084, 121.22, 122.01, 122.011, 122.041, 122.17, 122.178, 122.42, 122.60, 122.601, 122.603, 122.65, 122.72, 122.73, 122.74, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.86, 122.87, 122.89, 122.90, 122.92, 123.01, 123.02, 123.151, 123.152, 123.153, 123.154, 124.136, 125.02, 125.04, 125.08, 125.081, 125.09, 125.14, 125.18, 125.65, 125.832, 125.95, 126.37, 128.55, 131.43, 133.06, 149.311, 149.434, 155.011, 166.01, 166.03, 166.27, 169.05, 169.07, 169.13, 173.39, 173.391, 173.392, 173.393, 174.01, 174.02, 183.021, 183.18, 183.33, 184.01, 184.173, 307.921, 319.54, 321.27, 329.12, 340.13, 901.171, 901.91, 921.02, 1121.30, 1181.06, 1321.21, 1322.09, 1322.10, 1322.20, 1322.21, 1327.501, 1503.03, 1503.05, 1503.141, 1503.33, 1505.09, 1509.12, 1509.13, 1513.08, 1521.06, 1521.061, 1521.40, 1521.99, 1531.01, 1531.35, 1533.01, 1533.101, 1533.11, 1533.12, 1546.06, 1547.59, 1551.01, 1551.33, 1551.35, 1561.12, 1561.23, 1703.27, 1707.37, 1733.321, 2151.011, 2151.152, 2151.34, 2151.412, 2151.416, 2151.451, 2151.452, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2151.453, 2743.01, 2743.02, 2743.15, 2743.16, 2743.19, 2903.213, 2903.214, 2919.26, 2923.13, 2923.20, 2923.21, 2927.02, 2929.14, 2929.15, 2929.19, 2929.20, 2929.25, 2935.01, 2935.10, 2941.141, 2941.144, 2941.145, 2953.25, 2967.04, 2967.17, 2967.19, 2967.28, 2981.13, 3107.014, 3107.03, 3107.11, 3107.15, 3113.31, 3119.01, 3125.18, 3301.079, 3301.0714, 3301.0715, 3311.741, 3313.48, 3313.488, 3313.60, 3313.603, 3313.608, 3313.61, 3313.618, 3313.619, 3313.6113, 3313.6114, 3314.013, 3314.016, 3314.017, 3314.03, 3314.06, 3314.088, 3314.091, 3314.101, 3317.024, 3317.0212, 3317.0219, 3317.163, 3317.26, 3319.151, 3319.221, 3319.227, 3319.229, 3319.236, 3319.31, 3319.311, 3319.313, 3319.316, 3319.39, 3319.40, 3319.61, 3319.99, 3326.02, 3326.03, 3326.032, 3326.04, 3326.07, 3326.08, 3326.081, 3326.11, 3326.14, 3326.23, 3326.42, 3326.51, 3327.01, 3327.02, 3328.18, 3328.24, 3333.049, 3333.61, 3333.613, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.68, 3333.69, 3333.79, 3333.80, 3333.801, 3333.802, 3365.01, 3365.03, 3365.032, 3365.07, 3501.302, 3701.132, 3701.61, 3701.613, 3701.831, 3703.01, 3703.03, 3713.02, 3717.22, 3717.221, 3721.02, 3734.57, 3734.85, 3734.901, 3737.17, 3737.71, 3741.14, 3742.16, 3742.18, 3742.19, 3745.014, 3745.11, 3746.01, 3746.04, 3746.071, 3746.09, 3746.10, 3746.11, 3746.12, 3746.13, 3746.17, 3746.18, 3746.19, 3746.20, 3746.21, 3746.31, 3746.35, 3770.073, 3772.01, 3791.07, 3794.01, 3929.87, 4117.103, 4141.01, 4141.131, 4141.21, 4141.22, 4141.51, 4141.53, 4141.55, 4301.43, 4303.17, 4303.185, 4303.26, 4303.271, 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 H. B. No. 110 Page 2 As Introduced 4505.09, 4735.05, 4735.14, 4735.15, 4735.211, 4755.01, 4755.02, 4755.04, 4755.05, 4755.06, 4755.08, 4755.11, 4755.12, 4755.42, 4755.421, 4755.47, 4755.48, 4755.64, 4757.10, 4763.15, 4779.28, 4779.33, 4781.04, 4781.07, 4781.281, 4781.56, 4781.57, 4901.10, 4906.02, 4911.17, 5101.141, 5101.1411, 5101.1412, 5101.1415, 5101.342, 5101.35, 5101.80, 5101.801, 5101.802, 5101.971, 5103.02, 5103.0310, 5104.01, 5104.017, 5104.07, 5104.34, 5107.10, 5119.27, 5119.33, 5119.34, 5119.36, 5119.43, 5119.99, 5120.035, 5120.62, 5123.35, 5123.89, 5124.01, 5124.101, 5124.15, 5124.151, 5124.152, 5124.17, 5124.19, 5124.191, 5124.21, 5124.23, 5124.29, 5124.30, 5124.38, 5124.39, 5124.40, 5124.41, 5124.46, 5126.044, 5126.05, 5126.054, 5126.055, 5126.056, 5126.071, 5126.131, 5145.31, 5149.31, 5153.16, 5153.163, 5153.176, 5165.01, 5165.15, 5165.151, 5165.16, 5165.17, 5165.191, 5165.771, 5166.01, 5167.16, 5168.60, 5168.61, 5301.13, 5301.14, 5301.15, 5301.18, 5301.21, 5501.332, 5502.14, 5502.30, 5701.11, 5703.21, 5703.70, 5705.16, 5709.121, 5709.21, 5726.20, 5731.21, 5731.24, 5731.28, 5731.41, 5741.01, 5741.03, 5747.01, 5747.05, 5747.08, 5747.10, 5751.03, 5751.40, 6109.10, 6109.121, 6111.027, and 6111.13; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 9.318 (122.925), 123.151 (122.921), 123.152 (122.922), 123.153 (122.923), 123.154 (122.924), and 3746.071 (3746.07); to enact sections 9.27, 124.1312, 169.18, 173.012, 1503.271, 1547.533, 1707.47, 1707.471, 1707.49, 2151.316, 2151.4115, 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 H. B. No. 110 Page 3 As Introduced 2151.4116, 2151.4117, 2151.4118, 2151.4119, 2151.4120, 2151.4121, 2151.4122, 2927.025, 2927.026, 2927.027, 2927.028, 2927.029, 2927.0210, 2945.403, 3301.23, 3301.231, 3301.232, 3301.233, 3304.24, 3313.6026, 3319.0812, 3319.318, 3319.319, 3319.393, 3319.394, 3319.47, 3327.016, 3327.017, 3327.021, 3333.0417, 3333.301, 3333.615, 3345.063, 3709.291, 3721.081, 3742.11, 3772.37, 4729.42, 4731.90, 4779.281, 5101.1416, 5101.1417, 5101.1418, 5101.805, 5103.163, 5123.025, 5123.026, 5123.034, and 5751.015; to repeal sections 109.802, 117.49, 117.50, 183.12, 183.13, 183.14, 183.15, 183.16, 183.17, 184.011, 1533.38, 3301.0724, 3301.122, 3301.46, 3301.922, 3313.901, 3314.033, 3314.30, 3314.31, 3314.37, 3317.029, 3317.27, 3326.05, 3326.111, 3333.611, 3333.612, 3333.614, 3333.67, 3735.01, 3746.07, 4503.515, 5123.046, 5124.171, 5124.195, 5124.196, 5124.197, 5124.198, 5124.199, 5124.211, 5124.231, 5124.28, 5126.12, 5126.121, 5165.25, 5165.26, 5167.172, 5701.15, and 5741.032 of the Revised Code; to amend Section 733.61 of H.B. 166 of the 133rd General Assembly and Sections 125.10 and 125.11 of H.B. 59 of the 130th General Assembly, as subsequently amended, and to repeal Section 757.50 of H.B. 59 of the 130th General Assembly; to amend the version of section 3319.227 of the Revised Code that is scheduled to take effect April 12, 2023; to amend sections 111.15, 140.01, 3701.07, 3701.351, 3701.503, 3701.5010, 3701.63, 3701.69, 3701.83, 3702.31, 3702.51, 3702.52, 3702.521, 3702.55, 3702.592, 3702.593, 3705.30, 3705.41, 3711.01, 3711.02, 3711.04, 3711.05, 3711.06, 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 H. B. No. 110 Page 4 As Introduced 3711.10, 3711.12, 3711.14, 3727.70, 3781.112, 3901.40, 3929.67, 4723.431, 4723.481, 4730.411, 4731.31, and 4761.01, to enact sections 3722.01, 3722.02, 3722.03, 3722.04, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 3722.14, and 3722.99, and to repeal sections 3702.11, 3702.12, 3702.13, 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20, 3727.01, 3727.02, 3727.03, 3727.04, 3727.05, 3727.06, 3727.07, and 3727.99 of the Revised Code; to make operating appropriations for the biennium beginning July 1, 2021, and ending June 30, 2023, to levy taxes, and to provide authorization and conditions for the operation of state programs. 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 101.01. That sections 9.318, 9.821, 9.822, 9.83, 102.02, 109.572, 109.79, 111.16, 111.28, 111.48, 119.12, 121.02, 121.03, 121.07, 121.08, 121.084, 121.22, 122.01, 122.011, 122.041, 122.17, 122.178, 122.42, 122.60, 122.601, 122.603, 122.65, 122.72, 122.73, 122.74, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.86, 122.87, 122.89, 122.90, 122.92, 123.01, 123.02, 123.151, 123.152, 123.153, 123.154, 124.136, 125.02, 125.04, 125.08, 125.081, 125.09, 125.14, 125.18, 125.65, 125.832, 125.95, 126.37, 128.55, 131.43, 133.06, 149.311, 149.434, 155.011, 166.01, 166.03, 166.27, 169.05, 169.07, 169.13, 173.39, 173.391, 173.392, 173.393, 174.01, 174.02, 183.021, 183.18, 183.33, 184.01, 184.173, 307.921, 319.54, 321.27, 329.12, 340.13, 901.171, 901.91, 921.02, 1121.30, 1181.06, 1321.21, 1322.09, 1322.10, 1322.20, 1322.21, 1327.501, 1503.03, 1503.05, 1503.141, 1503.33, 1505.09, 1509.12, 1509.13, 1513.08, 1521.06, 1521.061, 1521.40, 1521.99, 1531.01, 1531.35, 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 H. B. No. 110 Page 5 As Introduced 1533.01, 1533.101, 1533.11, 1533.12, 1546.06, 1547.59, 1551.01, 1551.33, 1551.35, 1561.12, 1561.23, 1703.27, 1707.37, 1733.321, 2151.011, 2151.152, 2151.34, 2151.412, 2151.416, 2151.451, 2151.452, 2151.453, 2743.01, 2743.02, 2743.15, 2743.16, 2743.19, 2903.213, 2903.214, 2919.26, 2923.13, 2923.20, 2923.21, 2927.02, 2929.14, 2929.15, 2929.19, 2929.20, 2929.25, 2935.01, 2935.10, 2941.141, 2941.144, 2941.145, 2953.25, 2967.04, 2967.17, 2967.19, 2967.28, 2981.13, 3107.03, 3107.11, 3107.15, 3113.31, 3119.01, 3125.18, 3301.0714, 3301.079, 3301.0714, 3301.0715, 3311.741, 3313.48, 3313.488, 3313.60, 3313.603, 3313.608, 3313.61, 3313.618, 3313.619, 3313.6113, 3313.6114, 3314.013, 3314.016, 3314.017, 3314.03, 3314.06, 3314.088, 3314.091, 3314.101, 3317.024, 3317.0212, 3317.0219, 3317.163, 3317.26, 3319.151, 3319.221, 3319.227, 3319.229, 3319.236, 3319.31, 3319.311, 3319.313, 3319.316, 3319.39, 3319.40, 3319.61, 3319.99, 3326.02, 3326.03, 3326.032, 3326.04, 3326.07, 3326.08, 3326.081, 3326.11, 3326.14, 3326.23, 3326.42, 3326.51, 3327.01, 3327.02, 3328.18, 3328.24, 3333.049, 3333.61, 3333.613, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.68, 3333.69, 3333.79, 3333.80, 3333.801, 3333.802, 3365.01, 3365.03, 3365.032, 3365.07, 3501.302, 3701.132, 3701.61, 3701.613, 3701.831, 3703.01, 3703.03, 3713.02, 3717.22, 3717.221, 3721.02, 3734.57, 3734.85, 3734.901, 3737.17, 3737.71, 3741.14, 3742.16, 3742.18, 3742.19, 3745.014, 3745.11, 3746.01, 3746.04, 3746.071, 3746.09, 3746.10, 3746.11, 3746.12, 3746.13, 3746.17, 3746.18, 3746.19, 3746.20, 3746.21, 3746.31, 3746.35, 3770.073, 3772.01, 3791.07, 3794.01, 3929.87, 4117.103, 4141.01, 4141.131, 4141.21, 4141.22, 4141.51, 4141.53, 4141.55, 4301.43, 4303.17, 4303.185, 4303.26, 4303.271, 4505.09, 4735.05, 4735.14, 4735.15, 4735.211, 4755.01, 4755.02, 4755.04, 4755.05, 4755.06, 4755.08, 4755.11, 4755.12, 4755.42, 4755.421, 4755.47, 4755.48, 4755.64, 4757.10, 4763.15, 4779.28, 4779.33, 4781.04, 4781.07, 4781.281, 4781.56, 4781.57, 4901.10, 4906.02, 4911.17, 5101.141, 5101.1411, 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 H. B. No. 110 Page 6 As Introduced 5101.1412, 5101.1415, 5101.342, 5101.35, 5101.80, 5101.801, 5101.802, 5101.971, 5103.02, 5103.0310, 5104.01, 5104.017, 5104.07, 5104.34, 5107.10, 5119.27, 5119.33, 5119.34, 5119.36, 5119.43, 5119.99, 5120.035, 5120.62, 5123.35, 5123.89, 5124.01, 5124.101, 5124.15, 5124.151, 5124.152, 5124.17, 5124.19, 5124.191, 5124.21, 5124.23, 5124.29, 5124.30, 5124.38, 5124.39, 5124.40, 5124.41, 5124.46, 5126.044, 5126.05, 5126.054, 5126.055, 5126.056, 5126.071, 5126.131, 5145.31, 5149.31, 5153.16, 5153.163, 5153.176, 5165.01, 5165.15, 5165.151, 5165.16, 5165.17, 5165.191, 5165.771, 5166.01, 5167.16, 5168.60, 5168.61, 5301.13, 5301.14, 5301.15, 5301.18, 5301.21, 5501.332, 5502.14, 5502.30, 5701.11, 5703.21, 5703.70, 5705.16, 5709.121, 5709.21, 5726.20, 5731.21, 5731.24, 5731.28, 5731.41, 5741.01, 5741.03, 5747.01, 5747.05, 5747.08, 5747.10, 5751.03, 5751.40, 6109.10, 6109.121, 6111.027, and 6111.13 be amended; sections 9.318 (122.925), 123.151 (122.921), 123.152 (122.922), 123.153 (122.923), 123.154 (122.924), and 3746.071 (3746.07) be amended, for the purpose of adopting new section numbers as indicated in parentheses; and sections 9.27, 124.1312, 169.18, 173.012, 1503.271, 1547.533, 1707.47, 1707.471, 1707.49, 2151.316, 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119, 2151.4120, 2151.4121, 2151.4122, 2927.025, 2927.026, 2927.027, 2927.028, 2927.029, 2927.0210, 2945.403, 3301.23, 3301.231, 3301.232, 3301.233, 3304.24, 3313.6026, 3319.0812, 3319.318, 3319.319, 3319.393, 3319.394, 3319.47, 3327.016, 3327.017, 3327.021, 3333.0417, 3333.301, 3333.615, 3345.063, 3709.291, 3721.081, 3742.11, 3772.37, 4729.42, 4731.90, 4779.281, 5101.1416, 5101.1417, 5101.1418, 5101.805, 5103.163, 5123.025, 5123.026, 5123.034, and 5751.015 of the Revised Code be enacted to read as follows: 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 Sec. 9.27. (A) As used in this section, "state" and "state agency" mean the state of Ohio, including the general assembly, 215 216 H. B. No. 110 Page 7 As Introduced the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio. 217 218 219 (B) Except as otherwise required or permitted by state or federal law, a contract entered into by the state for the procurement of goods or services shall not include any of the following: 220 221 222 223 (1) A provision that requires the state to indemnify or hold harmless another person. 224 225 (2) A provision by which the state agrees to binding arbitration or any other binding extra-judicial dispute resolution process. 226 227 228 (3) A provision that names a venue for any action or dispute against the state other than a court of proper jurisdiction in Franklin county, Ohio. 229 230 231 (4) A provision that requires the state to agree to limit the liability for any direct loss to the state for bodily injury, death, or damage to property of the state caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person's employees or agents, or a provision that would otherwise impose an indemnification obligation on the state. 232 233 234 235 236 237 238 (5) A provision that requires the state to be bound by a term or condition that is unknown to the state at the time of signing a contract, that is not specifically negotiated with the state, that may be unilaterally changed by the other party, or that is electronically accepted by a state employee. 239 240 241 242 243 (6) A provision that provides for a person other than the attorney general to serve as legal counsel for the state or for any state agency, unless allowed for under the process set forth 244 245 246 H. B. No. 110 Page 8 As Introduced in section 109.07 of the Revised Code. 247 (7) A provision that is inconsistent with the state's obligations under section 149.43 of the Revised Code. 248 249 (8) A provision for automatic renewal such that state funds are or would be obligated in subsequent fiscal years. 250 251 (9) A provision that limits the state's ability to recover the cost of cover for a replacement contractor. 252 253 (C) If a contract contains a term or condition described in division (B) of this section, the term or condition is void ab initio, and the contract containing that term or condition otherwise shall be enforceable as if it did not contain such term or condition. 254 255 256 257 258 (D) A contract that contains a term or condition described in division (B) of this section shall be governed by and construed in accordance with Ohio law notwithstanding any term or condition to the contrary in the contract. 259 260 261 262 (E) This section does not apply to a contract in effect before the effective date of this section or to the renewal or extension of a contract in effect before the effective date of this section. 263 264 265 266 Sec. 9.821. (A) The department of administrative services shall direct and manage for state agencies all risk management and insurance programs authorized under section 9.822 of the Revised Code. 267 268 269 270 (B) The office of risk management is hereby established within the department of administrative services. The director of administrative services, or a deputy director appointed by the director, shall control and supervise the office. 271 272 273 274 (C) The office may take any of the following actions that it determines to be in the best interests of the state: 275 276 H. B. No. 110 Page 9 As Introduced (1) Provide all insurance coverages for the state, including, but not limited to, automobile vehicle liability, casualty, property, public liability, and fidelity bonding. The cost of insurance coverage shall be paid from appropriations made to the state agencies that the office has designated to receive the coverage. 277 278 279 280 281 282 (2) Provide coverage of legal expenses that are necessary and related to the legal defense of claims against the state; 283 284 (3) Purchase insurance policies consistent with sections 125.01 to 125.111 of the Revised Code, develop and administer self-insurance programs, or do both; 285 286 287 (4) Consolidate and combine state insurance coverages; 288 (5) Provide technical services in risk management and insurance to state agencies; 289 290 (6) Adopt and publish, in accordance with section 111.15 of the Revised Code, necessary rules and procedures governing the administration of the state's insurance and risk management activities. 291 292 293 294 (D) No state agency, except a state agency exempted under section 125.02 or 125.04 of the Revised Code from the department's purchasing authority, shall purchase any insurance described in this section except as authorized by the department, when the office of risk management determines that the purchase is in the best interest of the state pursuant to division (C)(1) of this section, and in accordance with terms, conditions, and procurement methods established by the department. 295 296 297 298 299 300 301 302 (E) With respect to any civil action, demand, or claim against the state that could be filed in the court of claims, nothing in sections 9.82 to 9.823 of the Revised Code shall be interpreted to permit the settlement or compromise of those civil actions, demands, or claims, except in the manner provided in 303 304 305 306 307 H. B. No. 110 Page 10 As Introduced Chapter 2743. of the Revised Code. 308 (F) The department of administrative services and the office of risk management, while acting pursuant to the responsibilities prescribed in sections 9.82 to 9.83 of the Revised Code, are performing a public duty, as defined in section 2743.01 of the Revised Code. 309 310 311 312 313 Sec. 9.822. (A) The department of administrative services through the office of risk management shall establish an insurance plan or plans that may provide for self-insurance or the purchase of insurance, or both, for either any of the following purposes: 314 315 316 317 (1) Insuring state real and personal property against losses occasioned by fire, windstorm, or other accidents and perils; 318 319 (2) Insuring the state and its officers and employees against liability resulting from any civil action, demand, or claim against the state or its officers and employees arising out of any act or omission of an officer or employee in the performance of official duties, except acts and omissions for which indemnification is prohibited under section 9.87 of the Revised Code; 320 321 322 323 324 325 326 (3) Insuring and maintaining a judicial liability program. 327 (B) The department of administrative services through the office of risk management shall establish one or more insurance plans that provide for the purchase of insurance and administer a crime and bond program for the purpose of insuring the state through the fidelity bonding of state officers, employees, and agents who are required by law to provide a fidelity bond. Nothing in this section shall be construed to allow the department of administrative services through the office of risk management to administer the state's fidelity bonding program through a program of self-insurance. and third parties against loss due to the 328 329 330 331 332 333 334 335 336 337 H. B. No. 110 Page 11 As Introduced dishonest acts of state officers, employees, and agents. In addition, public official bonds shall be purchased for all officials and employees who are required by law to provide a bond. Such bonds may be in the form of a blanket bond, or scheduled position bond, provided the penal sums meet the statutory requirement. 338 339 340 341 342 343 Sec. 9.83. (A) The state and any political subdivision may procure a policy or policies of insurance insuring its officers and employees against liability for injury, death, or loss to person or property that arises out of the operation of an automobile, truck, motor vehicle with auxiliary equipment, self-propelling equipment or trailer, aircraft, or watercraft by the officers or employees while engaged occurs in the course of their employment or official responsibilities for the state or the political subdivision. The state is authorized to expend funds to pay judgments that are rendered in any court against its officers or employees and that result from such operation, and is authorized to expend funds to compromise claims for liability against its officers or employees that result from such operation. No insurer shall deny coverage under such a policy, and the state shall not refuse to pay judgments or compromise claims, on the ground that an automobile, truck, motor vehicle with auxiliary equipment, self-propelling equipment or trailer, aircraft, or watercraft was not being used in the course of an officer's or employee's employment or official responsibilities for the state or a political subdivision unless the officer or employee who was operating an automobile, truck, motor vehicle with auxiliary equipment, or self-propelling equipment or trailer is convicted of a violation of section 124.71 of the Revised Code as a result of the same events. 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 (B) Funds shall be reserved as necessary, in the exercise of sound and prudent actuarial judgment, to cover potential expense, 368 369 H. B. No. 110 Page 12 As Introduced fees, damage, loss, or other liability. The office of risk management may recommend or, if the state requests of the office of risk management, shall recommend a specific amount for any period of time that, in the opinion of the office of risk management, represents such a judgment. 370 371 372 373 374 (C) Nothing in this section shall be construed to require the department of administrative services to purchase liability insurance for all state vehicles liabilities in a single policy of insurance or to cover all state vehicles liabilities under a single plan of self-insurance. 375 376 377 378 379 (D) Insurance procured by the state pursuant to this section shall be procured as provided in division (G) of section 125.02 of the Revised Code. 380 381 382 (E) For purposes of liability insurance procured under this section to cover the operation of a motor vehicle by a prisoner for whom the insurance is procured, "employee" includes a prisoner in the custody of the department of rehabilitation and correction who is enrolled in a work program that is established by the department pursuant to section 5145.16 of the Revised Code and in which the prisoner is required to operate a motor vehicle, as defined in section 4509.01 of the Revised Code, and who is engaged in the operation of a motor vehicle in the course of the work program. 383 384 385 386 387 388 389 390 391 392 (F) All contributions collected by the director of administrative services under division (H) of this section shall be deposited into the risk management reserve fund created in section 9.823 of the Revised Code to the credit of the vehicle liability program. 393 394 395 396 397 (G) Reserves shall be maintained in the risk management reserve fund to the credit of the vehicle liability program in any amount that is necessary and adequate, in the exercise of sound 398 399 400 H. B. No. 110 Page 13 As Introduced and prudent actuarial judgment, to cover potential liability claims, expenses, fees, or damages. Money in the fund may be applied to the payment of liability claims that are filed against the state in the court of claims and determined in the manner provided in Chapter 2743. of the Revised Code. The director of administrative services may procure the services of a qualified actuarial firm for the purpose of recommending the specific amount of money that is required to maintain adequate reserves for a specified period of time. 401 402 403 404 405 406 407 408 409 (H) The director of administrative services shall collect from each state agency or any participating state body its contribution to the vehicle liability program for the purpose of purchasing insurance or administering self-insurance programs for coverage authorized under this section. The amount of the contribution shall be determined by the director, with the approval of the director of budget and management. It shall be based upon actuarial assumptions and the relative risk and loss experience of each state agency or participating state body. The amount of the contribution also shall include a reasonable sum to cover administrative costs of the department of administrative services. The amounts collected pursuant to this division shall be deposited in the risk management reserve fund to the credit of the vehicle liability program. 410 411 412 413 414 415 416 417 418 419 420 421 422 423 Sec. 102.02. (A)(1) Except as otherwise provided in division (H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a candidate for a state, county, or city office and every person who is appointed to fill a vacancy for an unexpired term in such an elective office; all members of the state board of education; the director, assistant directors, deputy directors, division chiefs, or persons 424 425 426 427 428 429 430 431 432 H. B. No. 110 Page 14 As Introduced of equivalent rank of any administrative department of the state; the president or other chief administrative officer of every state institution of higher education as defined in section 3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; all members of the Ohio casino control commission, the executive director of the commission, all professional employees of the commission, and all technical employees of the commission who perform an internal audit function; the individuals set forth in division (B)(2) of section 187.03 of the Revised Code; the chief executive officer and the members of the board of each state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers' compensation and each member of the bureau of workers' compensation board of directors; the bureau of workers' compensation director of investments; the chief investment officer of the bureau of workers' compensation; all members of the board of commissioners on grievances and discipline of the supreme court and the ethics commission created under section 102.05 of the Revised Code; every business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or an educational service center; every person who is elected to or is a candidate for the office of member of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district or of a governing board of an educational service center that has a total student count of twelve thousand or more as most recently determined by the 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 H. B. No. 110 Page 15 As Introduced department of education pursuant to section 3317.03 of the Revised Code; every person who is appointed to the board of education of a municipal school district pursuant to division (B) or (F) of section 3311.71 of the Revised Code; all members of the board of directors of a sanitary district that is established under Chapter 6115. of the Revised Code and organized wholly for the purpose of providing a water supply for domestic, municipal, and public use, and that includes two municipal corporations in two counties; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; members of the board of trustees and the executive director of the southern Ohio agricultural and community development foundation; all members appointed to the Ohio livestock care standards board under section 904.02 of the Revised Code; all entrepreneurs in residence assigned by the LeanOhio office in the department of administrative services under section 125.65 of the Revised Code and every other public official or employee who is designated by the appropriate ethics commission pursuant to division (B) of this section. 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 (2) The disclosure statement shall include all of the following: 486 487 (a) The name of the person filing the statement and each member of the person's immediate family and all names under which the person or members of the person's immediate family do business; 488 489 490 491 (b)(i) Subject to divisions (A)(2)(b)(ii) and (iii) of this section and except as otherwise provided in section 102.022 of the Revised Code, identification of every source of income, other than income from a legislative agent identified in division (A)(2)(b)(ii) of this section, received during the preceding calendar year, in the person's own name or by any other person for 492 493 494 495 496 497 H. B. No. 110 Page 16 As Introduced the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. If the person filing the statement is a member of the general assembly, the statement shall identify the amount of every source of income received in accordance with the following ranges of amounts: zero or more, but less than one thousand dollars; one thousand dollars or more, but less than ten thousand dollars; ten thousand dollars or more, but less than twenty-five thousand dollars; twenty-five thousand dollars or more, but less than fifty thousand dollars; fifty thousand dollars or more, but less than one hundred thousand dollars; and one hundred thousand dollars or more. Division (A)(2)(b)(i) of this section shall not be construed to require a person filing the statement who derives income from a business or profession to disclose the individual items of income that constitute the gross income of that business or profession, except for those individual items of income that are attributable to the person's or, if the income is shared with the person, the partner's, solicitation of services or goods or performance, arrangement, or facilitation of services or provision of goods on behalf of the business or profession of clients, including corporate clients, who are legislative agents. A person who files the statement under this section shall disclose the identity of and the amount of income received from a person who the public official or employee knows or has reason to know is doing or seeking to do business of any kind with the public official's or employee's agency. 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 (ii) If the person filing the statement is a member of the general assembly, the statement shall identify every source of income and the amount of that income that was received from a legislative agent during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was 524 525 526 527 528 529 530 H. B. No. 110 Page 17 As Introduced received. Division (A)(2)(b)(ii) of this section requires the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, if those clients or patients are legislative agents. Division (A)(2)(b)(ii) of this section requires a person filing the statement who derives income from a business or profession to disclose those individual items of income that constitute the gross income of that business or profession that are received from legislative agents. 531 532 533 534 535 536 537 538 539 (iii) Except as otherwise provided in division (A)(2)(b)(iii) of this section, division (A)(2)(b)(i) of this section applies to attorneys, physicians, and other persons who engage in the practice of a profession and who, pursuant to a section of the Revised Code, the common law of this state, a code of ethics applicable to the profession, or otherwise, generally are required not to reveal, disclose, or use confidences of clients, patients, or other recipients of professional services except under specified circumstances or generally are required to maintain those types of confidences as privileged communications except under specified circumstances. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(b)(iii) of this section to disclose the name, other identity, or address of a client, patient, or other recipient of professional services if the disclosure would threaten the client, patient, or other recipient of professional services, would reveal details of the subject matter for which legal, medical, or professional advice or other services were sought, or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 H. B. No. 110 Page 18 As Introduced (A)(2)(b)(iii) of this section to disclose in the brief description of the nature of services required by division (A)(2)(b)(i) of this section any information pertaining to specific professional services rendered for a client, patient, or other recipient of professional services that would reveal details of the subject matter for which legal, medical, or professional advice was sought or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. 564 565 566 567 568 569 570 571 572 (c) The name of every corporation on file with the secretary of state that is incorporated in this state or holds a certificate of compliance authorizing it to do business in this state, trust, business trust, partnership, or association that transacts business in this state in which the person filing the statement or any other person for the person's use and benefit had during the preceding calendar year an investment of over one thousand dollars at fair market value as of the thirty-first day of December of the preceding calendar year, or the date of disposition, whichever is earlier, or in which the person holds any office or has a fiduciary relationship, and a description of the nature of the investment, office, or relationship. Division (A)(2)(c) of this section does not require disclosure of the name of any bank, savings and loan association, credit union, or building and loan association with which the person filing the statement has a deposit or a withdrawable share account. 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 (d) All fee simple and leasehold interests to which the person filing the statement holds legal title to or a beneficial interest in real property located within the state, excluding the person's residence and property used primarily for personal recreation; 589 590 591 592 593 (e) The names of all persons residing or transacting business in the state to whom the person filing the statement owes, in the 594 595 H. B. No. 110 Page 19 As Introduced person's own name or in the name of any other person, more than one thousand dollars. Division (A)(2)(e) of this section shall not be construed to require the disclosure of debts owed by the person resulting from the ordinary conduct of a business or profession or debts on the person's residence or real property used primarily for personal recreation, except that the superintendent of financial institutions and any deputy superintendent of banks shall disclose the names of all state-chartered banks and all bank subsidiary corporations subject to regulation under section 1109.44 of the Revised Code to whom the superintendent or deputy superintendent owes any money. 596 597 598 599 600 601 602 603 604 605 606 (f) The names of all persons residing or transacting business in the state, other than a depository excluded under division (A)(2)(c) of this section, who owe more than one thousand dollars to the person filing the statement, either in the person's own name or to any person for the person's use or benefit. Division (A)(2)(f) of this section shall not be construed to require the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, nor the disclosure of debts owed to the person resulting from the ordinary conduct of a business or profession. 607 608 609 610 611 612 613 614 615 616 617 (g) Except as otherwise provided in section 102.022 of the Revised Code, the source of each gift of over seventy-five dollars, or of each gift of over twenty-five dollars received by a member of the general assembly from a legislative agent, received by the person in the person's own name or by any other person for the person's use or benefit during the preceding calendar year, except gifts received by will or by virtue of section 2105.06 of the Revised Code, or received from spouses, parents, grandparents, children, grandchildren, siblings, nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 618 619 620 621 622 623 624 625 626 627 H. B. No. 110 Page 20 As Introduced fathers-in-law, mothers-in-law, or any person to whom the person filing the statement stands in loco parentis, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor; 628 629 630 631 (h) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source and amount of every payment of expenses incurred for travel to destinations inside or outside this state that is received by the person in the person's own name or by any other person for the person's use or benefit and that is incurred in connection with the person's official duties, except for expenses for travel to meetings or conventions of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues; 632 633 634 635 636 637 638 639 640 641 642 643 644 (i) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source of payment of expenses for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues, that are incurred in connection with the person's official duties and that exceed one hundred dollars aggregated per calendar year; 645 646 647 648 649 650 651 652 653 654 655 656 657 (j) If the disclosure statement is filed by a public official or employee described in division (B)(2) of section 101.73 of the 658 659 H. B. No. 110 Page 21 As Introduced Revised Code or division (B)(2) of section 121.63 of the Revised Code who receives a statement from a legislative agent, executive agency lobbyist, or employer that contains the information described in division (F)(2) of section 101.73 of the Revised Code or division (G)(2) of section 121.63 of the Revised Code, all of the nondisputed information contained in the statement delivered to that public official or employee by the legislative agent, executive agency lobbyist, or employer under division (F)(2) of section 101.73 or (G)(2) of section 121.63 of the Revised Code. 660 661 662 663 664 665 666 667 668 (3) A person may file a statement required by this section in person, by mail, or by electronic means. 669 670 (4) A person who is required to file a statement under this section shall file that statement according to the following deadlines, as applicable: 671 672 673 (a) Except as otherwise provided in divisions (A)(4)(b), (c), and (d) of this section, the person shall file the statement not later than the fifteenth day of May of each year. 674 675 676 (b) A person who is a candidate for elective office shall file the statement no later than the thirtieth day before the primary, special, or general election at which the candidacy is to be voted on, whichever election occurs soonest, except that a person who is a write-in candidate shall file the statement no later than the twentieth day before the earliest election at which the person's candidacy is to be voted on. 677 678 679 680 681 682 683 (c) A person who is appointed to fill a vacancy for an unexpired term in an elective office shall file the statement within fifteen days after the person qualifies for office. 684 685 686 (d) A person who is appointed or employed after the fifteenth day of May, other than a person described in division (A)(4)(c) of this section, shall file an annual statement within ninety days after appointment or employment. 687 688 689 690 H. B. No. 110 Page 22 As Introduced (5) No person shall be required to file with the appropriate ethics commission more than one statement or pay more than one filing fee for any one calendar year. 691 692 693 (6) The appropriate ethics commission, for good cause, may extend for a reasonable time the deadline for filing a statement under this section. 694 695 696 (7) A statement filed under this section is subject to public inspection at locations designated by the appropriate ethics commission except as otherwise provided in this section. 697 698 699 (B) The Ohio ethics commission, the joint legislative ethics committee, and the board of commissioners on grievances and discipline of the supreme court, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees under its jurisdiction and not specifically excluded by this section whose positions involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or the execution of other public trusts, to file an annual statement under division (A) of this section. The appropriate ethics commission shall send the public officials or employees written notice of the requirement not less than thirty days before the applicable filing deadline unless the public official or employee is appointed after that date, in which case the notice shall be sent within thirty days after appointment, and the filing shall be made not later than ninety days after appointment. 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 Disclosure statements filed under this division with the Ohio ethics commission by members of boards, commissions, or bureaus of the state for which no compensation is received other than reasonable and necessary expenses shall be kept confidential. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by business managers, treasurers, and 717 718 719 720 721 722 H. B. No. 110 Page 23 As Introduced superintendents of city, local, exempted village, joint vocational, or cooperative education school districts or educational service centers shall be kept confidential, except that any person conducting an audit of any such school district or educational service center pursuant to Chapter 117. of the Revised Code may examine the disclosure statement of any business manager, treasurer, or superintendent of that school district or educational service center. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by the individuals set forth in division (B)(2) of section 187.03 of the Revised Code shall be kept confidential. The Ohio ethics commission shall examine each disclosure statement required to be kept confidential to determine whether a potential conflict of interest exists for the person who filed the disclosure statement. A potential conflict of interest exists if the private interests of the person, as indicated by the person's disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person's authority and duties in the person's office or position of employment. If the commission determines that a potential conflict of interest exists, it shall notify the person who filed the disclosure statement and shall make the portions of the disclosure statement that indicate a potential conflict of interest subject to public inspection in the same manner as is provided for other disclosure statements. Any portion of the disclosure statement that the commission determines does not indicate a potential conflict of interest shall be kept confidential by the commission and shall not be made subject to public inspection, except as is necessary for the enforcement of Chapters 102. and 2921. of the Revised Code and except as otherwise provided in this division. 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 (C) No person shall knowingly fail to file, on or before the applicable filing deadline established under this section, a statement that is required by this section. 753 754 755 H. B. No. 110 Page 24 As Introduced (D) No person shall knowingly file a false statement that is required to be filed under this section. 756 757 (E)(1) Except as provided in divisions (E)(2) and (3) of this section, the statement required by division (A) or (B) of this section shall be accompanied by a filing fee of sixty dollars. 758 759 760 (2) The statement required by division (A) of this section shall be accompanied by the following filing fee to be paid by the person who is elected or appointed to, or is a candidate for, any of the following offices: 761 762 763 764 For state office, except member of the 765 state board of education $95 766 For office of member of general assembly $40 767 For county office $60 768 For city office $35 769 For office of member of the state board 770 of education $35 771 For office of member of a city, local, 772 exempted village, or cooperative 773 education board of 774 education or educational service 775 center governing board $30 776 For position of business manager, 777 treasurer, or superintendent of a 778 city, local, exempted village, joint 779 vocational, or cooperative education 780 school district or 781 educational service center $30 782 (3) No judge of a court of record or candidate for judge of a court of record, and no referee or magistrate serving a court of record, shall be required to pay the fee required under division (E)(1) or (2) or (F) of this section. 783 784 785 786 (4) For any public official who is appointed to a nonelective 787 H. B. No. 110 Page 25 As Introduced office of the state and for any employee who holds a nonelective position in a public agency of the state, the state agency that is the primary employer of the state official or employee shall pay the fee required under division (E)(1) or (F) of this section. 788 789 790 791 (F) If a statement required to be filed under this section is not filed by the date on which it is required to be filed, the appropriate ethics commission shall assess the person required to file the statement a late filing fee of ten dollars for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed two hundred fifty dollars. 792 793 794 795 796 797 (G)(1) The appropriate ethics commission other than the Ohio ethics commission and the joint legislative ethics committee shall deposit all fees it receives under divisions (E) and (F) of this section into the general revenue fund of the state. 798 799 800 801 (2) The Ohio ethics commission shall deposit all receipts, including, but not limited to, fees it receives under divisions (E) and (F) of this section, investigative or other fees, costs, or other funds it receives as a result of court orders, and all moneys it receives from settlements under division (G) of section 102.06 of the Revised Code, into the Ohio ethics commission fund, which is hereby created in the state treasury. All moneys credited to the fund shall be used solely for expenses related to the operation and statutory functions of the commission. 802 803 804 805 806 807 808 809 810 (3) The joint legislative ethics committee shall deposit all receipts it receives from the payment of financial disclosure statement filing fees under divisions (E) and (F) of this section into the joint legislative ethics committee investigative and financial disclosure fund. 811 812 813 814 815 (H) Division (A) of this section does not apply to a person elected or appointed to the office of precinct, ward, or district committee member under Chapter 3517. of the Revised Code; a 816 817 818 H. B. No. 110 Page 26 As Introduced presidential elector; a delegate to a national convention; village or township officials and employees; any physician or psychiatrist who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code and whose primary duties do not require the exercise of administrative discretion; or any member of a board, commission, or bureau of any county or city who receives less than one thousand dollars per year for serving in that position. 819 820 821 822 823 824 825 826 Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: 827 828 829 830 831 832 833 834 835 836 837 (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, 838 839 840 841 842 843 844 845 846 847 848 849 850 H. B. No. 110 Page 27 As Introduced had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; 851 852 853 (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section; 854 855 856 857 (c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified in section 3319.31 of the Revised Code. 858 859 860 (2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: 861 862 863 864 865 866 867 868 869 870 871 872 873 (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; 874 875 876 877 878 879 880 881 882 H. B. No. 110 Page 28 As Introduced (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section. 883 884 885 (3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3701.881, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction: 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 906 907 908 909 910 911 912 913 914 H. B. No. 110 Page 29 As Introduced 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; 915 916 917 918 919 920 921 922 923 924 (b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code; 925 926 (c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996; 927 928 (d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section; 929 930 931 932 (e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section. 933 934 935 936 (4) On receipt of a request pursuant to section 2151.86 or 2151.904 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been 937 938 939 940 941 942 943 944 945 H. B. No. 110 Page 30 As Introduced convicted of or pleaded guilty to any of the following: 946 (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section. 970 971 972 973 (5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this 974 975 976 977 H. B. No. 110 Page 31 As Introduced section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following: 978 979 980 981 982 983 (a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification. 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 H. B. No. 110 Page 32 As Introduced (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section. 1010 1011 1012 1013 (6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially 1040 1041 H. B. No. 110 Page 33 As Introduced equivalent to any of the offenses listed in division (A)(6)(a) of this section. 1042 1043 (7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety. 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 (8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 H. B. No. 110 Page 34 As Introduced request previously has been convicted of or pleaded guilty to any of the following: a violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any other criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code; or any existing or former law of this state, any other state, or the United States that is substantially equivalent to those offenses. 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 (9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.202, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 H. B. No. 110 Page 35 As Introduced specified by the individual in the request. 1107 (10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States. 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 (11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code or substantially equivalent to such an offense. 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 (12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of 1135 1136 1137 1138 H. B. No. 110 Page 36 As Introduced this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: 1139 1140 1141 1142 1143 1144 1145 1146 1147 (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; 1148 1149 1150 1151 1152 1153 1154 1155 1156 (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section. 1157 1158 1159 (13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following: 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 (a) A disqualifying offense as specified in rules adopted 1170 H. B. No. 110 Page 37 As Introduced under division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code; 1171 1172 1173 1174 1175 1176 1177 (b) A disqualifying offense as specified in rules adopted under division (B)(2)(b) of section 3796.04 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the state board of pharmacy under Chapter 3796. of the Revised Code. 1178 1179 1180 1181 1182 1183 1184 1185 (14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following: 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 (a) A disqualifying offense as specified in rules adopted under division (B)(8)(a) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code; 1196 1197 1198 1199 1200 (b) A disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.04 of the Revised Code 1201 1202 H. B. No. 110 Page 38 As Introduced if the person who is the subject of the request is seeking employment with an entity licensed by the state board of pharmacy under Chapter 3796. of the Revised Code. 1203 1204 1205 (15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 (16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any crime of moral turpitude, a felony, or an equivalent offense in any other state or the United States. 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 (17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of 1228 1229 1230 1231 1232 1233 1234 H. B. No. 110 Page 39 As Introduced this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any disqualifying offense, as defined in section 147.011 of the Revised Code, or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such a disqualifying offense. 1235 1236 1237 1238 1239 1240 1241 (B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows: 1242 1243 1244 (1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code; 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 (2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86 or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that 1258 1259 1260 1261 1262 1263 1264 1265 1266 H. B. No. 110 Page 40 As Introduced nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section. 1267 1268 1269 1270 1271 (3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. 1272 1273 1274 1275 (4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17) of this section, whichever division requires the superintendent to conduct the criminal records check. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law. 1276 1277 1278 1279 1280 1281 1282 1283 (5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section: 1284 1285 1286 1287 1288 1289 1290 (a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty; 1291 1292 1293 (b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty. 1294 1295 (C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from 1296 1297 H. B. No. 110 Page 41 As Introduced any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. 1298 1299 1300 1301 (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section. 1315 1316 1317 1318 1319 1320 1321 1322 (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method. 1323 1324 1325 1326 1327 (D) The results of a criminal records check conducted under this section, other than a criminal records check specified in 1328 1329 H. B. No. 110 Page 42 As Introduced division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check. 1330 1331 1332 1333 1334 1335 1336 1337 1338 (E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher. 1339 1340 1341 1342 1343 1344 (F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense. 1345 1346 1347 1348 1349 1350 1351 1352 (2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section. 1353 1354 1355 1356 1357 1358 1359 1360 1361 H. B. No. 110 Page 43 As Introduced (G) As used in this section: 1362 (1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section. 1363 1364 1365 1366 (2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. 1367 1368 (3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code. 1369 1370 1371 1372 1373 (4) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program. 1374 1375 1376 1377 1378 1379 Sec. 109.79. (A) The Ohio peace officer training commission shall establish and conduct a training school for law enforcement officers of any political subdivision of the state or of the state public defender's office. The school shall be known as the Ohio peace officer training academy. No bailiff or deputy bailiff of a court of record of this state and no criminal investigator employed by the state public defender shall be permitted to attend the academy for training unless the employing court of the bailiff or deputy bailiff or the state public defender, whichever is applicable, has authorized the bailiff, deputy bailiff, or investigator to attend the academy. 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 The Ohio peace officer training commission shall develop the 1391 H. B. No. 110 Page 44 As Introduced training program, which shall include courses in both the civil and criminal functions of law enforcement officers, a course in crisis intervention with six or more hours of training, training in the handling of missing children and child abuse and neglect cases, and training on companion animal encounters and companion animal behavior, and shall establish rules governing qualifications for admission to the academy. The commission may require competitive examinations to determine fitness of prospective trainees, so long as the examinations or other criteria for admission to the academy are consistent with the provisions of Chapter 124. of the Revised Code. 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 The Ohio peace officer training commission shall determine tuition costs sufficient in the aggregate to pay the costs of operating the academy. Tuition paid by a political subdivision of the state or by the state public defender's office shall be deposited into the state treasury to the credit of the peace officer training academy fee fund, which is hereby established. The attorney general shall use money in the fund to pay costs associated with operation of the academy. The costs of acquiring and equipping the academy shall be paid from appropriations made by the general assembly to the Ohio peace officer training commission for that purpose, from gifts or grants received for that purpose, or from fees for goods related to the academy. 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 The Ohio peace officer training commission shall create a gaming-related curriculum for gaming agents. The Ohio peace officer training commission shall use money distributed to the Ohio peace officer training academy from the Ohio law enforcement training fund to first support the academy's training programs for gaming agents and gaming-related curriculum. The Ohio peace officer training commission may utilize existing training programs in other states that specialize in training gaming agents. 1415 1416 1417 1418 1419 1420 1421 1422 The law enforcement officers, during the period of their 1423 H. B. No. 110 Page 45 As Introduced training, shall receive compensation as determined by the political subdivision that sponsors them or, if the officer is a criminal investigator employed by the state public defender, as determined by the state public defender. The political subdivision may pay the tuition costs of the law enforcement officers they sponsor and the state public defender may pay the tuition costs of criminal investigators of that office who attend the academy. 1424 1425 1426 1427 1428 1429 1430 If trainee vacancies exist, the academy may train and issue certificates of satisfactory completion to peace officers who are employed by a campus police department pursuant to section 1713.50 of the Revised Code, by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, or hospital police officers appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, provided that no such officer shall be trained at the academy unless the officer meets the qualifications established for admission to the academy and the qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or the private college or university that established the campus police department prepays the entire cost of the training. A qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or a private college or university 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 H. B. No. 110 Page 46 As Introduced that has established a campus police department is not entitled to reimbursement from the state for any amount paid for the cost of training the bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions peace officers; the railroad company's peace officers; or the peace officers of the qualified nonprofit corporation police department, campus police department, hospital, or amusement park. 1457 1458 1459 1460 1461 1462 1463 1464 The academy shall permit investigators employed by the state medical board to take selected courses that the board determines are consistent with its responsibilities for initial and continuing training of investigators as required under sections 4730.26 and 4731.05 of the Revised Code. The board shall pay the entire cost of training that investigators receive at the academy. 1465 1466 1467 1468 1469 1470 The academy shall permit tactical medical professionals to attend training courses at the academy that are designed to qualify the professionals to carry firearms while on duty under section 109.771 of the Revised Code and that provide training comparable to training mandated under the rules required by division (A) of section 109.748 of the Revised Code. The executive director of the Ohio peace officer training commission may certify tactical medical professionals who satisfactorily complete the training courses. The law enforcement agency served by a tactical medical professional who attends the academy may pay the tuition costs of the professional. 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 (B) As used in this section: 1482 (1) "Law enforcement officers" include any undercover drug agent, any bailiff or deputy bailiff of a court of record, and any criminal investigator who is employed by the state public defender. 1483 1484 1485 1486 (2) "Undercover drug agent" means any person who: 1487 H. B. No. 110 Page 47 As Introduced (a) Is employed by a county, township, or municipal corporation for the purposes set forth in division (B)(2)(b) of this section but who is not an employee of a county sheriff's department, of a township constable, or of the police department of a municipal corporation or township; 1488 1489 1490 1491 1492 (b) In the course of the person's employment by a county, township, or municipal corporation, investigates and gathers information pertaining to persons who are suspected of violating Chapter 2925. or 3719. of the Revised Code, and generally does not wear a uniform in the performance of the person's duties. 1493 1494 1495 1496 1497 (3) "Crisis intervention training" has the same meaning as in section 109.71 of the Revised Code. 1498 1499 (4) "Missing children" has the same meaning as in section 2901.30 of the Revised Code. 1500 1501 (5) "Companion animal" has the same meaning as in section 959.131 of the Revised Code. 1502 1503 Sec. 111.16. Except as provided in section 1701.041 of the Revised Code, the secretary of state shall charge and collect, for the benefit of the state, the following fees: 1504 1505 1506 (A) For filing and recording articles of incorporation of a domestic corporation, including designation of agent: 1507 1508 (1) Wherein the corporation shall not be authorized to issue any shares of capital stock, ninety-nine dollars; 1509 1510 (2) Wherein the corporation shall be authorized to issue shares of capital stock, with or without par value: 1511 1512 (a) Ten cents for each share authorized up to and including one thousand shares; 1513 1514 (b) Five cents for each share authorized in excess of one thousand shares up to and including ten thousand shares; 1515 1516 H. B. No. 110 Page 48 As Introduced (c) Two cents for each share authorized in excess of ten thousand shares up to and including fifty thousand shares; 1517 1518 (d) One cent for each share authorized in excess of fifty thousand shares up to and including one hundred thousand shares; 1519 1520 (e) One-half cent for each share authorized in excess of one hundred thousand shares up to and including five hundred thousand shares; 1521 1522 1523 (f) One-quarter cent for each share authorized in excess of five hundred thousand shares; provided no fee shall be less than ninety-nine dollars or greater than one hundred thousand dollars. 1524 1525 1526 (B) For filing and recording a certificate of amendment to or amended articles of incorporation of a domestic corporation, or for filing and recording a certificate of reorganization, a certificate of dissolution, or an amendment to a foreign license application: 1527 1528 1529 1530 1531 (1) If the domestic corporation is not authorized to issue any shares of capital stock, fifty dollars; 1532 1533 (2) If the domestic corporation is authorized to issue shares of capital stock, fifty dollars, and in case of any increase in the number of shares authorized to be issued, a further sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued by the corporation; provided no fee under division (B)(2) of this section shall be greater than one hundred thousand dollars; 1534 1535 1536 1537 1538 1539 1540 1541 (3) If the foreign corporation is not authorized to issue any shares of capital stock, fifty dollars; 1542 1543 (4) If the foreign corporation is authorized to issue shares of capital stock, fifty dollars. 1544 1545 (C) For filing and recording articles of incorporation of a 1546 H. B. No. 110 Page 49 As Introduced savings and loan association, ninety-nine dollars; and for filing and recording a certificate of amendment to or amended articles of incorporation of a savings and loan association, fifty dollars; 1547 1548 1549 (D) For filing and recording a certificate of conversion, including a designation of agent, a certificate of merger, or a certificate of consolidation, ninety-nine dollars and, in the case of any new corporation resulting from a consolidation or any surviving corporation that has an increased number of shares authorized to be issued resulting from a merger, an additional sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued or represented in this state by each of the corporations for which a consolidation or merger is effected by the certificate; 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 (E) For filing and recording articles of incorporation of a credit union or the American credit union guaranty association, ninety-nine dollars, and for filing and recording a certificate of increase in capital stock or any other amendment of the articles of incorporation of a credit union or the association, fifty dollars; 1561 1562 1563 1564 1565 1566 (F) For filing and recording articles of organization of a limited liability company, for filing and recording an application to become a registered foreign limited liability company, for filing and recording a registration application to become a domestic limited liability partnership, or for filing and recording an application to become a registered foreign limited liability partnership, ninety-nine dollars; 1567 1568 1569 1570 1571 1572 1573 (G) For filing and recording a certificate of limited partnership or an application for registration as a foreign limited partnership, or for filing an initial statement of partnership authority pursuant to section 1776.33 of the Revised Code, ninety-nine dollars; 1574 1575 1576 1577 1578 H. B. No. 110 Page 50 As Introduced (H) For filing a copy of papers evidencing the incorporation of a municipal corporation or of annexation of territory by a municipal corporation, five dollars, to be paid by the municipal corporation, the petitioners therefor, or their agent; 1579 1580 1581 1582 (I) For filing and recording any of the following: 1583 (1) A license to transact business in this state by a foreign corporation for profit pursuant to section 1703.04 of the Revised Code or a foreign nonprofit corporation pursuant to section 1703.27 of the Revised Code, ninety-nine dollars; 1584 1585 1586 1587 (2) A biennial report or biennial statement pursuant to section 1775.63, 1776.83, or 1785.06 of the Revised Code, twenty-five dollars; 1588 1589 1590 (3) Except as otherwise provided in this section or any other section of the Revised Code, any other certificate or paper that is required to be filed and recorded or is permitted to be filed and recorded by any provision of the Revised Code with the secretary of state, twenty-five dollars. 1591 1592 1593 1594 1595 (J) For filing any certificate or paper not required to be recorded, five dollars; 1596 1597 (K)(1) For making copies of any certificate or other paper filed in the office of the secretary of state, a fee not to exceed one dollar per page, except as otherwise provided in the Revised Code, and for creating and affixing the seal of the office of the secretary of state to any good standing or other certificate, five dollars. For copies of certificates or papers required by state officers for official purpose, no charge shall be made. 1598 1599 1600 1601 1602 1603 1604 (2) For creating and affixing the seal of the office of the secretary of state to the certificates described in division (E) of section 1701.81, division (E) of section 1701.811, division (E) of section 1705.38, division (E) of section 1705.381, division (D) of section 1702.43, division (E) of section 1775.47, division (E) 1605 1606 1607 1608 1609 H. B. No. 110 Page 51 As Introduced of section 1775.55, division (E) of section 1776.70, division (E) of section 1776.74, division (E) of section 1782.433, or division (E) of section 1782.4310 of the Revised Code, twenty-five dollars. 1610 1611 1612 (L) For a minister's license to solemnize marriages, ten dollars; 1613 1614 (M) For examining documents to be filed at a later date for the purpose of advising as to the acceptability of the proposed filing, fifty dollars; 1615 1616 1617 (N) Fifty dollars for filing and recording any of the following: 1618 1619 (1) A certificate of dissolution and accompanying documents, or a certificate of cancellation, under section 1701.86, 1702.47, 1705.43, 1776.65, or 1782.10 of the Revised Code; 1620 1621 1622 (2) A notice of dissolution of a foreign licensed corporation or a certificate of surrender of license by a foreign licensed corporation under section 1703.17 of the Revised Code; 1623 1624 1625 (3) The withdrawal of registration of a foreign or domestic limited liability partnership under section 1775.61, 1775.64, 1776.81, or 1776.86 of the Revised Code, or the certificate of cancellation of registration of a foreign limited liability company under section 1705.57 of the Revised Code; 1626 1627 1628 1629 1630 (4) The filing of a statement of denial under section 1776.34 of the Revised Code, a statement of dissociation under section 1776.57 of the Revised Code, a statement of disclaimer of general partner status under Chapter 1782. of the Revised Code, or a cancellation of disclaimer of general partner status under Chapter 1782. of the Revised Code. 1631 1632 1633 1634 1635 1636 (O) For filing a statement of continued existence by a nonprofit corporation, twenty-five dollars; 1637 1638 (P) For filing a restatement under section 1705.08 or 1782.09 1639 H. B. No. 110 Page 52 As Introduced of the Revised Code, an amendment to a certificate of cancellation under section 1782.10 of the Revised Code, an amendment under section 1705.08 or 1782.09 of the Revised Code, or a correction under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of the Revised Code, fifty dollars; 1640 1641 1642 1643 1644 (Q) For filing for reinstatement of an entity cancelled by operation of law, by the secretary of state, by order of the department of taxation, or by order of a court, twenty-five dollars; 1645 1646 1647 1648 (R) For filing and recording any of the following: 1649 (1) A change of agent, resignation of agent, or change of agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, twenty-five dollars; 1650 1651 1652 1653 (2) A multiple change of agent name or address, standardization of agent address, or resignation of agent under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one hundred twenty-five dollars, plus three dollars per entity record being changed, by the multiple agent update. 1654 1655 1656 1657 1658 1659 (S) For filing and recording any of the following: 1660 (1) An application for the exclusive right to use a name or an application to reserve a name for future use under section 1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised Code, thirty-nine dollars; 1661 1662 1663 1664 (2) A trade name or fictitious name registration or report, thirty-nine dollars; 1665 1666 (3) An application to renew any item covered by division (S)(1) or (2) of this section that is permitted to be renewed, twenty-five dollars; 1667 1668 1669 H. B. No. 110 Page 53 As Introduced (4) An assignment of rights for use of a name covered by division (S)(1), (2), or (3) of this section, the cancellation of a name registration or name reservation that is so covered, or notice of a change of address of the registrant of a name that is so covered, twenty-five dollars. 1670 1671 1672 1673 1674 (T) For filing and recording a report to operate a business trust or a real estate investment trust, either foreign or domestic, ninety-nine dollars; and for filing and recording an amendment to a report or associated trust instrument, or a surrender of authority, to operate a business trust or real estate investment trust, fifty dollars; 1675 1676 1677 1678 1679 1680 (U)(1) For filing and recording the registration of a trademark, service mark, or mark of ownership, one hundred twenty-five dollars; 1681 1682 1683 (2) For filing and recording the change of address of a registrant, the assignment of rights to a registration, a renewal of a registration, or the cancellation of a registration associated with a trademark, service mark, or mark of ownership, twenty-five dollars. 1684 1685 1686 1687 1688 (V) For filing a service of process with the secretary of state, five dollars per address to be served, except as otherwise provided in any section of the Revised Code; 1689 1690 1691 (W) For making, recording, and forwarding a commission under section 107.06 of the Revised Code, the applicable fee specified in that section. 1692 1693 1694 Fees specified in this section may be paid by cash, check, or money order, by credit card in accordance with section 113.40 of the Revised Code, or by an alternative payment program in accordance with division (B) of section 111.18 of the Revised Code. Any credit card number or the expiration date of any credit card is not subject to disclosure under Chapter 149. of the 1695 1696 1697 1698 1699 1700 H. B. No. 110 Page 54 As Introduced Revised Code. 1701 Sec. 111.28. (A) There is hereby created in the state treasury the help America vote act (HAVA) fund. All moneys received by the secretary of state from the United States election assistance commission for purposes established under the "Help America Vote Act of 2002," Pub. L. No. 107-252, as amended, shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for activities conducted pursuant to the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666 that act. All investment earnings of the fund shall be credited to the fund. 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 (B) There is hereby created in the state treasury the miscellaneous federal grants fund. All Except as otherwise provided in division (A) of this section, all moneys the secretary of state receives as grants from federal sources that are not otherwise designated shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for the purposes and activities required by the applicable federal grant agreements. All investment earnings of the fund shall be credited to the fund. 1712 1713 1714 1715 1716 1717 1718 1719 1720 Sec. 111.48. There is in the state treasury the address confidentiality program fund. The fund shall consist of money paid into the fund pursuant to division (B)(10) (B)(11) of section 2929.18 and division (D) of section 2929.28 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund. The secretary of state shall use the money in the fund for the purpose of administering the address confidentiality program described in sections 111.41 to 111.47 of the Revised Code. 1721 1722 1723 1724 1725 1726 1727 1728 1729 Sec. 119.12. (A)(1) Except as provided in division (A)(2) or 1730 H. B. No. 110 Page 55 As Introduced (3) of this section, any party adversely affected by any order of an agency issued pursuant to an adjudication denying an applicant admission to an examination, or denying the issuance or renewal of a license or registration of a licensee, or revoking or suspending a license, or allowing the payment of a forfeiture under section 4301.252 of the Revised Code may appeal from the order of the agency to the court of common pleas of the county in which the place of business of the licensee is located or the county in which the licensee is a resident. 1731 1732 1733 1734 1735 1736 1737 1738 1739 (2) An appeal from an order described in division (A)(1) of this section issued by any of the following agencies shall be made to the court of common pleas of Franklin county: 1740 1741 1742 (a) The liquor control commission; 1743 (b) The Ohio casino control commission,; 1744 (c) The state medical board; 1745 (c)(d) The state chiropractic board; 1746 (d)(e) The board of nursing; 1747 (e)(f) The bureau of workers' compensation regarding participation in the health partnership program created in sections 4121.44 and 4121.441 of the Revised Code; 1748 1749 1750 (g) The occupational therapy, physical therapy, and athletic trainers board. 1751 1752 (3) If any party appealing from an order described in division (A)(1) of this section is not a resident of and has no place of business in this state, the party may appeal to the court of common pleas of Franklin county. 1753 1754 1755 1756 (B) Any party adversely affected by any order of an agency issued pursuant to any other adjudication may appeal to the court of common pleas of Franklin county, except that appeals from orders of the fire marshal issued under Chapter 3737. of the 1757 1758 1759 1760 H. B. No. 110 Page 56 As Introduced Revised Code may be to the court of common pleas of the county in which the building of the aggrieved person is located and except that appeals under division (B) of section 124.34 of the Revised Code from a decision of the state personnel board of review or a municipal or civil service township civil service commission shall be taken to the court of common pleas of the county in which the appointing authority is located or, in the case of an appeal by the department of rehabilitation and correction, to the court of common pleas of Franklin county. 1761 1762 1763 1764 1765 1766 1767 1768 1769 (C) This section does not apply to appeals from the department of taxation. 1770 1771 (D) Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and stating that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The notice of appeal may, but need not, set forth the specific grounds of the party's appeal beyond the statement that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The notice of appeal shall also be filed by the appellant with the court. In filing a notice of appeal with the agency or court, the notice that is filed may be either the original notice or a copy of the original notice. Unless otherwise provided by law relating to a particular agency, notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's order as provided in this section. For purposes of this paragraph, an order includes a determination appealed pursuant to division (C) of section 119.092 of the Revised Code. The amendments made to this paragraph by Sub. H.B. 215 of the 128th general assembly are procedural, and this paragraph as amended by those amendments shall be applied retrospectively to all appeals pursuant to this paragraph filed before September 13, 2010, but not earlier than 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 H. B. No. 110 Page 57 As Introduced May 7, 2009, which was the date the supreme court of Ohio released its opinion and judgment in Medcorp, Inc. v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d 622. 1793 1794 1795 (E) The filing of a notice of appeal shall not automatically operate as a suspension of the order of an agency. If it appears to the court that an unusual hardship to the appellant will result from the execution of the agency's order pending determination of the appeal, the court may grant a suspension and fix its terms. If an appeal is taken from the judgment of the court and the court has previously granted a suspension of the agency's order as provided in this section, the suspension of the agency's order shall not be vacated and shall be given full force and effect until the matter is finally adjudicated. No renewal of a license or permit shall be denied by reason of the suspended order during the period of the appeal from the decision of the court of common pleas. In the case of an appeal from the Ohio casino control commission, the state medical board, or the state chiropractic board, the court may grant a suspension and fix its terms if it appears to the court that an unusual hardship to the appellant will result from the execution of the agency's order pending determination of the appeal and the health, safety, and welfare of the public will not be threatened by suspension of the order. This provision shall not be construed to limit the factors the court may consider in determining whether to suspend an order of any other agency pending determination of an appeal. 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 (F) The final order of adjudication may apply to any renewal of a license or permit which has been granted during the period of the appeal. 1818 1819 1820 (G) Notwithstanding any other provision of this section, any order issued by a court of common pleas or a court of appeals suspending the effect of an order of the liquor control commission issued pursuant to Chapter 4301. or 4303. of the Revised Code that 1821 1822 1823 1824 H. B. No. 110 Page 58 As Introduced suspends, revokes, or cancels a permit issued under Chapter 4303. of the Revised Code or that allows the payment of a forfeiture under section 4301.252 of the Revised Code shall terminate not more than six months after the date of the filing of the record of the liquor control commission with the clerk of the court of common pleas and shall not be extended. The court of common pleas, or the court of appeals on appeal, shall render a judgment in that matter within six months after the date of the filing of the record of the liquor control commission with the clerk of the court of common pleas. A court of appeals shall not issue an order suspending the effect of an order of the liquor control commission that extends beyond six months after the date on which the record of the liquor control commission is filed with a court of common pleas. 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 (H) Notwithstanding any other provision of this section, any order issued by a court of common pleas or a court of appeals suspending the effect of an order of the Ohio casino control commission issued under Chapter 3772. of the Revised Code that limits, conditions, restricts, suspends, revokes, denies, not renews, fines, or otherwise penalizes an applicant, licensee, or person excluded or ejected from a casino facility in accordance with section 3772.031 of the Revised Code shall terminate not more than six months after the date of the filing of the record of the Ohio casino control commission with the clerk of the court of common pleas and shall not be extended. The court of common pleas, or the court of appeals on appeal, shall render a judgment in that matter within six months after the date of the filing of the record of the Ohio casino control commission with the clerk of the court of common pleas. A court of appeals shall not issue an order suspending the effect of an order of the Ohio casino control commission that extends beyond six months after the date on which the record of the Ohio casino control commission is filed with the clerk of a court of common pleas. 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 H. B. No. 110 Page 59 As Introduced (I) Notwithstanding any other provision of this section, any order issued by a court of common pleas suspending the effect of an order of the state medical board or state chiropractic board that limits, revokes, suspends, places on probation, or refuses to register or reinstate a certificate issued by the board or reprimands the holder of the certificate shall terminate not more than fifteen months after the date of the filing of a notice of appeal in the court of common pleas, or upon the rendering of a final decision or order in the appeal by the court of common pleas, whichever occurs first. 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 (I)(J) Within thirty days after receipt of a notice of appeal from an order in any case in which a hearing is required by sections 119.01 to 119.13 of the Revised Code, the agency shall prepare and certify to the court a complete record of the proceedings in the case. Failure of the agency to comply within the time allowed, upon motion, shall cause the court to enter a finding in favor of the party adversely affected. Additional time, however, may be granted by the court, not to exceed thirty days, when it is shown that the agency has made substantial effort to comply. The record shall be prepared and transcribed, and the expense of it shall be taxed as a part of the costs on the appeal. The appellant shall provide security for costs satisfactory to the court of common pleas. Upon demand by any interested party, the agency shall furnish at the cost of the party requesting it a copy of the stenographic report of testimony offered and evidence submitted at any hearing and a copy of the complete record. 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 (J)(K) Notwithstanding any other provision of this section, any party desiring to appeal an order or decision of the state personnel board of review shall, at the time of filing a notice of appeal with the board, provide a security deposit in an amount and manner prescribed in rules that the board shall adopt in accordance with this chapter. In addition, the board is not 1884 1885 1886 1887 1888 1889 H. B. No. 110 Page 60 As Introduced required to prepare or transcribe the record of any of its proceedings unless the appellant has provided the deposit described above. The failure of the board to prepare or transcribe a record for an appellant who has not provided a security deposit shall not cause a court to enter a finding adverse to the board. 1890 1891 1892 1893 1894 (K)(L) Unless otherwise provided by law, in the hearing of the appeal, the court is confined to the record as certified to it by the agency. Unless otherwise provided by law, the court may grant a request for the admission of additional evidence when satisfied that the additional evidence is newly discovered and could not with reasonable diligence have been ascertained prior to the hearing before the agency. 1895 1896 1897 1898 1899 1900 1901 (L)(M) The court shall conduct a hearing on the appeal and shall give preference to all proceedings under sections 119.01 to 119.13 of the Revised Code, over all other civil cases, irrespective of the position of the proceedings on the calendar of the court. An appeal from an order of the state medical board issued pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code, the state chiropractic board issued pursuant to section 4734.37 of the Revised Code, the liquor control commission issued pursuant to Chapter 4301. or 4303. of the Revised Code, or the Ohio casino control commission issued pursuant to Chapter 3772. of the Revised Code shall be set down for hearing at the earliest possible time and takes precedence over all other actions. The hearing in the court of common pleas shall proceed as in the trial of a civil action, and the court shall determine the rights of the parties in accordance with the laws applicable to a civil action. At the hearing, counsel may be heard on oral argument, briefs may be submitted, and evidence may be introduced if the court has granted a request for the presentation of additional evidence. 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 (M)(N) The court may affirm the order of the agency 1921 H. B. No. 110 Page 61 As Introduced complained of in the appeal if it finds, upon consideration of the entire record and any additional evidence the court has admitted, that the order is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of this finding, it may reverse, vacate, or modify the order or make such other ruling as is supported by reliable, probative, and substantial evidence and is in accordance with law. The court shall award compensation for fees in accordance with section 2335.39 of the Revised Code to a prevailing party, other than an agency, in an appeal filed pursuant to this section. 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 (N)(O) The judgment of the court shall be final and conclusive unless reversed, vacated, or modified on appeal. These appeals may be taken either by the party or the agency, shall proceed as in the case of appeals in civil actions, and shall be pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. An appeal by the agency shall be taken on questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, and, in the appeal, the court may also review and determine the correctness of the judgment of the court of common pleas that the order of the agency is not supported by any reliable, probative, and substantial evidence in the entire record. 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 The court shall certify its judgment to the agency or take any other action necessary to give its judgment effect. 1945 1946 Sec. 121.02. The following administrative departments and their respective directors are hereby created: 1947 1948 (A) The office of budget and management, which shall be administered by the director of budget and management; 1949 1950 (B) The department of commerce, which shall be administered by the director of commerce; 1951 1952 H. B. No. 110 Page 62 As Introduced (C) The department of administrative services, which shall be administered by the director of administrative services; 1953 1954 (D) The department of transportation, which shall be administered by the director of transportation; 1955 1956 (E) The department of agriculture, which shall be administered by the director of agriculture; 1957 1958 (F) The department of natural resources, which shall be administered by the director of natural resources; 1959 1960 (G) The department of health, which shall be administered by the director of health; 1961 1962 (H) The department of job and family services, which shall be administered by the director of job and family services; 1963 1964 (I) Until July 1, 1997, the department of liquor control, which shall be administered by the director of liquor control; 1965 1966 (J) The department of public safety, which shall be administered by the director of public safety; 1967 1968 (K) The department of mental health and addiction services, which shall be administered by the director of mental health and addiction services; 1969 1970 1971 (L) The department of developmental disabilities, which shall be administered by the director of developmental disabilities; 1972 1973 (M) The department of insurance, which shall be administered by the superintendent of insurance as director thereof; 1974 1975 (N) The department of development services agency, which shall be administered by the director of development services; 1976 1977 (O) The department of youth services, which shall be administered by the director of youth services; 1978 1979 (P) The department of rehabilitation and correction, which shall be administered by the director of rehabilitation and 1980 1981 H. B. No. 110 Page 63 As Introduced correction; 1982 (Q) The environmental protection agency, which shall be administered by the director of environmental protection; 1983 1984 (R) The department of aging, which shall be administered by the director of aging; 1985 1986 (S) The department of veterans services, which shall be administered by the director of veterans services; 1987 1988 (T) The department of medicaid, which shall be administered by the medicaid director. 1989 1990 The director of each department shall exercise the powers and perform the duties vested by law in such department. 1991 1992 Sec. 121.03. The following administrative department heads shall be appointed by the governor, with the advice and consent of the senate, and shall hold their offices during the term of the appointing governor, and are subject to removal at the pleasure of the governor. 1993 1994 1995 1996 1997 (A) The director of budget and management; 1998 (B) The director of commerce; 1999 (C) The director of transportation; 2000 (D) The director of agriculture; 2001 (E) The director of job and family services; 2002 (F) Until July 1, 1997, the director of liquor control; 2003 (G) The director of public safety; 2004 (H) The superintendent of insurance; 2005 (I) The director of development services; 2006 (J) The tax commissioner; 2007 (K) The director of administrative services; 2008 H. B. No. 110 Page 64 As Introduced (L) The director of natural resources; 2009 (M) The director of mental health and addiction services; 2010 (N) The director of developmental disabilities; 2011 (O) The director of health; 2012 (P) The director of youth services; 2013 (Q) The director of rehabilitation and correction; 2014 (R) The director of environmental protection; 2015 (S) The director of aging; 2016 (T) The administrator of workers' compensation who meets the qualifications required under division (A) of section 4121.121 of the Revised Code; 2017 2018 2019 (U) The director of veterans services who meets the qualifications required under section 5902.01 of the Revised Code; 2020 2021 (V) The chancellor of higher education; 2022 (W) The medicaid director. 2023 Sec. 121.07. (A) Except as otherwise provided in this division, the officers mentioned in sections 121.04 and 121.05 of the Revised Code and the offices and divisions they administer shall be under the direction, supervision, and control of the directors of their respective departments, and shall perform such duties as the directors prescribe. In performing or exercising any of the examination or regulatory functions, powers, or duties vested by Title XI, Chapters 1733. and 1761., and sections 1315.01 to 1315.18 of the Revised Code in the superintendent of financial institutions, the superintendent of financial institutions and the division of financial institutions are independent of and are not subject to the control of the department or the director of commerce. In the absence of the superintendent of financial institutions, the director of commerce shall, for a limited period 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 H. B. No. 110 Page 65 As Introduced of time, perform or exercise any of those functions, powers, or duties or authorize the deputy superintendent for banks to perform or exercise any of the functions, power powers, or duties vested by Title XI and sections 1315.01 to 1315.18 of the Revised Code in the superintendent and the deputy superintendent for credit unions to perform or exercise any of the functions, powers, or duties vested by Chapters 1733. and 1761. of the Revised Code in the superintendent. 2038 2039 2040 2041 2042 2043 2044 2045 (B) With the approval of the governor, the director of each department shall establish divisions within the department, and distribute the work of the department among such divisions. Each officer created by section 121.04 of the Revised Code shall be the head of such a division, except for the equal opportunity employment coordinator, who shall report to a position determined by the director of administrative services. 2046 2047 2048 2049 2050 2051 2052 With the approval of the governor, the director of each department may consolidate any two or more of the offices created in the department by section 121.04 of the Revised Code, or reduce the number of or create new divisions therein. 2053 2054 2055 2056 The director of each department may prescribe rules for the government of the department, the conduct of its employees, the performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. 2057 2058 2059 2060 2061 Sec. 121.08. (A) There is hereby created in the department of commerce the position of deputy director of administration. This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform the duties the director prescribes, and hold office during the director's pleasure. The director of commerce may designate an assistant director of commerce to serve as the deputy director of 2062 2063 2064 2065 2066 2067 2068 H. B. No. 110 Page 66 As Introduced administration. The deputy director of administration shall perform the duties prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce. 2069 2070 2071 2072 (B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate and professional licensing, the superintendent of liquor control, the superintendent of industrial compliance, the superintendent of unclaimed funds, and the commissioner of securities, and shall have all powers and perform all duties vested by law in all officers, deputies, and employees of those offices. Except as provided in section 121.07 of the Revised Code, wherever powers are conferred or duties imposed upon any of those officers, the powers and duties shall be construed as vested in the department of commerce. 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 (C)(1) There is hereby created in the department of commerce a division of financial institutions, which shall have all powers and perform all duties vested by law in the superintendent of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent of financial institutions, those powers and duties shall be construed as vested in the division of financial institutions. The division of financial institutions shall be administered by the superintendent of financial institutions. 2086 2087 2088 2089 2090 2091 2092 2093 2094 (2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the 2095 2096 2097 2098 2099 H. B. No. 110 Page 67 As Introduced division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section. 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 (D) There is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control. The division of liquor control shall be administered by the superintendent of liquor control. 2110 2111 2112 2113 2114 2115 2116 2117 (E) The director of commerce shall not be interested, directly or indirectly, in any firm or corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code. 2118 2119 2120 2121 2122 (F) The director of commerce shall not have any official connection with a savings and loan association, a savings bank, a bank, a bank holding company, a savings and loan association holding company, a consumer finance company, or a credit union that is under the supervision of the division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in the business thereof. 2123 2124 2125 2126 2127 2128 2129 (G) There is hereby created in the state treasury the division of administration fund. The fund shall receive 2130 2131 H. B. No. 110 Page 68 As Introduced assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. All operating expenses of the division of administration shall be paid from the division of administration fund. 2132 2133 2134 2135 2136 (H) There is hereby created in the department of commerce a division of real estate and professional licensing, which shall be under the control and supervision of the director of commerce. The division of real estate and professional licensing shall be administered by the superintendent of real estate and professional licensing. The superintendent of real estate and professional licensing shall exercise the powers and perform the functions and duties delegated to the superintendent under Chapters 4735., 4763., 4764., 4767., and 4768. of the Revised Code. 2137 2138 2139 2140 2141 2142 2143 2144 2145 (I) There is hereby created in the department of commerce a division of industrial compliance, which shall have all powers and perform all duties vested by law in the superintendent of industrial compliance. Wherever powers are conferred or duties imposed upon the superintendent of industrial compliance, those powers and duties shall be construed as vested in the division of industrial compliance. The division of industrial compliance shall be under the control and supervision of the director of commerce and be administered by the superintendent of industrial compliance. 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 (J) There is hereby created in the department of commerce a division of unclaimed funds, which shall have all powers and perform all duties delegated to or vested by law in the superintendent of unclaimed funds. Wherever powers are conferred or duties imposed upon the superintendent of unclaimed funds, those powers and duties shall be construed as vested in the division of unclaimed funds. The division of unclaimed funds shall be under the control and supervision of the director of commerce 2156 2157 2158 2159 2160 2161 2162 2163 H. B. No. 110 Page 69 As Introduced and shall be administered by the superintendent of unclaimed funds. The superintendent of unclaimed funds shall exercise the powers and perform the functions and duties delegated to the superintendent by the director of commerce under section 121.07 and Chapter 169. of the Revised Code, and as may otherwise be provided by law. 2164 2165 2166 2167 2168 2169 (K) The department of commerce or a division of the department created by the Revised Code that is acting with authorization on the department's behalf may request from the bureau of criminal identification and investigation pursuant to section 109.572 of the Revised Code, or coordinate with appropriate federal, state, and local government agencies to accomplish, criminal records checks for the persons whose identities are required to be disclosed by an applicant for the issuance or transfer of a permit, license, certificate of registration, or certification issued or transferred by the department or division. At or before the time of making a request for a criminal records check, the department or division may require any person whose identity is required to be disclosed by an applicant for the issuance or transfer of such a license, permit, certificate of registration, or certification to submit to the department or division valid fingerprint impressions in a format and by any media or means acceptable to the bureau of criminal identification and investigation and, when applicable, the federal bureau of investigation. The department or division may cause the bureau of criminal identification and investigation to conduct a criminal records check through the federal bureau of investigation only if the person for whom the criminal records check would be conducted resides or works outside of this state or has resided or worked outside of this state during the preceding five years, or if a criminal records check conducted by the bureau of criminal identification and investigation within this state indicates that the person may have a criminal record outside of 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 H. B. No. 110 Page 70 As Introduced this state. 2197 In the case of a criminal records check under section 109.572 of the Revised Code, the department or division shall forward to the bureau of criminal identification and investigation the requisite form, fingerprint impressions, and fee described in division (C) of that section. When requested by the department or division in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check. After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the department or division. 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 The department or division may require any person about whom a criminal records check is requested to pay to the department or division the amount necessary to cover the fee charged to the department or division by the bureau of criminal identification and investigation under division (C)(3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal records check conducted by the federal bureau of investigation. 2214 2215 2216 2217 2218 2219 2220 (L) The director of commerce, or the director's designee, may adopt rules to enhance compliance with statutes pertaining to, and rules adopted by, divisions under the direction, supervision, and control of the department or director by offering incentive-based programs that ensure safety and soundness while promoting growth and prosperity in the state. 2221 2222 2223 2224 2225 2226 Sec. 121.084. (A) All moneys collected under sections 2227 H. B. No. 110 Page 71 As Introduced 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 4169.03, and 5104.051 of the Revised Code, and any other moneys collected by the division of industrial compliance shall be paid into the state treasury to the credit of the industrial compliance operating fund, which is hereby created. The department of commerce shall use the moneys in the fund for paying the operating expenses of the division and the administrative assessment described in division (B) of this section. 2228 2229 2230 2231 2232 2233 2234 2235 (B) The director of commerce, with the approval of the director of budget and management, shall prescribe procedures for assessing the industrial compliance operating fund a proportionate share of the administrative costs of the department of commerce. The assessment shall be made in accordance with those procedures and be paid from the industrial compliance operating fund to the division of administration fund created in section 121.08 of the Revised Code. 2236 2237 2238 2239 2240 2241 2242 2243 Sec. 121.22. (A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law. 2244 2245 2246 2247 (B) As used in this section: 2248 (1) "Public body" means any of the following: 2249 (a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution; 2250 2251 2252 2253 2254 2255 (b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section; 2256 2257 H. B. No. 110 Page 72 As Introduced (c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code. 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 (2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members. 2268 2269 (3) "Regulated individual" means either of the following: 2270 (a) A student in a state or local public educational institution; 2271 2272 (b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness, an intellectual disability, disease, disability, age, or other condition requiring custodial care. 2273 2274 2275 2276 2277 (4) "Public office" has the same meaning as in section 149.011 of the Revised Code. 2278 2279 (C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting. 2280 2281 2282 2283 2284 The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions 2285 2286 2287 2288 H. B. No. 110 Page 73 As Introduced authorized under division (G) or (J) of this section. 2289 (D) This section does not apply to any of the following: 2290 (1) A grand jury; 2291 (2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit; 2292 2293 2294 (3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon and the department of rehabilitation and correction when its hearings are conducted at a correctional institution for the sole purpose of making determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies; 2295 2296 2297 2298 2299 2300 2301 2302 (4) The organized crime investigations commission established under section 177.01 of the Revised Code; 2303 2304 (5) Meetings of a child fatality review board established under section 307.621 of the Revised Code, meetings related to a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code; 2305 2306 2307 2308 2309 2310 (6) The state medical board when determining whether to suspend a license or certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code; 2311 2312 2313 2314 (7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code; 2315 2316 2317 (8) The state board of pharmacy when determining whether to 2318 H. B. No. 110 Page 74 As Introduced do either of the following: 2319 (a) Suspend a license, certification, or registration without a prior hearing, including during meetings conducted by telephone conference, pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder; or 2320 2321 2322 2323 (b) Restrict a person from obtaining further information from the drug database established in section 4729.75 of the Revised Code without a prior hearing pursuant to division (C) of section 4729.86 of the Revised Code. 2324 2325 2326 2327 (9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code; 2328 2329 2330 (10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code; 2331 2332 2333 2334 (11) The board of directors of the nonprofit corporation formed under section 187.01 of the Revised Code or any committee thereof, and the board of directors of any subsidiary of that corporation or a committee thereof; 2335 2336 2337 2338 (12) An audit conference conducted by the audit staff of the department of job and family services with officials of the public office that is the subject of that audit under section 5101.37 of the Revised Code; 2339 2340 2341 2342 (13) The occupational therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license or limited permit without a hearing pursuant to division (D) of section 4755.11 of the Revised Code; 2343 2344 2345 2346 2347 (14) The physical therapy section of the occupational 2348 H. B. No. 110 Page 75 As Introduced therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (E) of section 4755.47 of the Revised Code; 2349 2350 2351 (15) The athletic trainers section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (D) of section 4755.64 of the Revised Code; 2352 2353 2354 2355 (16) Meetings of the pregnancy-associated mortality review board established under section 3738.01 of the Revised Code; 2356 2357 (17) Meetings of a fetal-infant mortality review board established under section 3707.71 of the Revised Code. 2358 2359 (E) The controlling board, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board or authority members present, may close the meeting during consideration of the following information confidentially received by the authority or board from the applicant: 2360 2361 2362 2363 2364 2365 2366 2367 2368 (1) Marketing plans; 2369 (2) Specific business strategy; 2370 (3) Production techniques and trade secrets; 2371 (4) Financial projections; 2372 (5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection. 2373 2374 2375 2376 The vote by the authority or board to accept or reject the application, as well as all proceedings of the authority or board 2377 2378 H. B. No. 110 Page 76 As Introduced not subject to this division, shall be open to the public and governed by this section. 2379 2380 (F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting. 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person. 2391 2392 2393 2394 2395 2396 2397 (G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters: 2398 2399 2400 2401 2402 2403 (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an 2404 2405 2406 2407 2408 2409 2410 H. B. No. 110 Page 77 As Introduced executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting. 2411 2412 2413 2414 2415 2416 2417 2418 2419 (2) To consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit-for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers. 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned. 2434 2435 2436 2437 2438 2439 2440 2441 (3) Conferences with an attorney for the public body 2442 H. B. No. 110 Page 78 As Introduced concerning disputes involving the public body that are the subject of pending or imminent court action; 2443 2444 (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment; 2445 2446 2447 (5) Matters required to be kept confidential by federal law or regulations or state statutes; 2448 2449 (6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office; 2450 2451 2452 2453 2454 (7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code; 2455 2456 2457 2458 2459 2460 (8) To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply: 2461 2462 2463 2464 2465 2466 2467 (a) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or that involves public infrastructure 2468 2469 2470 2471 2472 2473 H. B. No. 110 Page 79 As Introduced improvements or the extension of utility services that are directly related to an economic development project. 2474 2475 (b) A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project. 2476 2477 2478 2479 2480 If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (8) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session. 2481 2482 2483 2484 2485 A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division. 2486 2487 2488 (H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section. 2489 2490 2491 2492 2493 2494 2495 2496 2497 2498 (I)(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the 2499 2500 2501 2502 2503 2504 H. B. No. 110 Page 80 As Introduced members of the public body to comply with its provisions. 2505 (2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following: 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 (i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section; 2516 2517 2518 2519 2520 (ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct. 2521 2522 2523 2524 2525 (b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court. 2526 2527 2528 2529 2530 2531 2532 (3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section. 2533 2534 2535 H. B. No. 110 Page 81 As Introduced (4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general. 2536 2537 2538 2539 2540 (J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing: 2541 2542 2543 2544 (a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code; 2545 2546 (b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code; 2547 2548 (c) Reviewing matters relating to an applicant's request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code. 2549 2550 2551 (2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance. 2552 2553 2554 2555 2556 2557 2558 2559 (3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance. 2560 2561 2562 2563 2564 2565 2566 H. B. No. 110 Page 82 As Introduced Sec. 122.01. (A) As used in the Revised Code, the "department of development services agency" means the department of development services agency and the "director of development services" means the director of development services. Whenever the department development services agency or director of development services is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department of development services agency or director of development services, as the case may be. 2567 2568 2569 2570 2571 2572 2573 2574 2575 (B) As used in this chapter: 2576 (1) "Community problems" includes, but is not limited to, taxation, fiscal administration, governmental structure and organization, intergovernmental cooperation, education and training, employment needs, community planning and development, air and water pollution, public safety and the administration of justice, housing, mass transportation, community facilities and services, health, welfare, recreation, open space, and the development of human resources. 2577 2578 2579 2580 2581 2582 2583 2584 (2) "Professional personnel" means either of the following: 2585 (a) Personnel who have earned a bachelor's degree from a college or university; 2586 2587 (b) Personnel who serve as or have the working title of director, assistant director, deputy director, assistant deputy director, manager, office chief, assistant office chief, or program director. 2588 2589 2590 2591 (3) "Technical personnel" means any of the following: 2592 (a) Personnel who provide technical assistance according to their job description or in accordance with the Revised Code; 2593 2594 (b) Personnel employed in the director of development services' development's office or the legal office, communications 2595 2596 H. B. No. 110 Page 83 As Introduced office, finance office, legislative affairs office, or human resources office of the department of development services agency; 2597 2598 (c) Personnel employed in the technology division of the agency department. 2599 2600 Sec. 122.011. (A) The department of development services agency shall develop and promote plans and programs designed to assure that state resources are efficiently used, economic growth is properly balanced, community growth is developed in an orderly manner, and local governments are coordinated with each other and the state, and for such purposes may do all of the following: 2601 2602 2603 2604 2605 2606 (1) Serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to persons or local governments, as provided in section 122.073 of the Revised Code; 2607 2608 2609 (2) Prepare and activate plans for the retention, development, expansion, and use of the resources and commerce of the state, as provided in section 122.04 of the Revised Code; 2610 2611 2612 (3) Assist and cooperate with federal, state, and local governments and agencies of federal, state, and local governments in the coordination of programs to carry out the functions and duties of the agency department; 2613 2614 2615 2616 (4) Encourage and foster research and development activities, conduct studies related to the solution of community problems, and develop recommendations for administrative or legislative actions, as provided in section 122.03 of the Revised Code; 2617 2618 2619 2620 (5) Serve as the economic and community development planning agency, which shall prepare and recommend plans and programs for the orderly growth and development of this state and which shall provide planning assistance, as provided in section 122.06 of the Revised Code; 2621 2622 2623 2624 2625 (6) Cooperate with and provide technical assistance to state 2626 H. B. No. 110 Page 84 As Introduced departments, political subdivisions, regional and local planning commissions, tourist associations, councils of government, community development groups, community action agencies, and other appropriate organizations for carrying out the functions and duties of the department of development services agency or for the solution of community problems; 2627 2628 2629 2630 2631 2632 (7) Coordinate the activities of state agencies that have an impact on carrying out the functions and duties of the department of development services agency; 2633 2634 2635 (8) Encourage and assist the efforts of and cooperate with local governments to develop mutual and cooperative solutions to their common problems that relate to carrying out the purposes of this section; 2636 2637 2638 2639 (9) Study existing structure, operations, and financing of regional or local government and those state activities that involve significant relations with regional or local governmental units, recommend to the governor and to the general assembly such changes in these provisions and activities as will improve the operations of regional or local government, and conduct other studies of legal provisions that affect problems related to carrying out the purposes of this section; 2640 2641 2642 2643 2644 2645 2646 2647 (10) Create and operate a division of community development to develop and administer programs and activities that are authorized by federal statute or the Revised Code; 2648 2649 2650 (11) Until October 15, 2007, establish fees and charges, in consultation with the director of agriculture, for purchasing loans from financial institutions and providing loan guarantees under the family farm loan program created under sections 901.80 to 901.83 of the Revised Code; 2651 2652 2653 2654 2655 (12) Provide loan servicing for the loans purchased and loan guarantees provided under section 901.80 of the Revised Code as 2656 2657 H. B. No. 110 Page 85 As Introduced that section existed prior to October 15, 2007; 2658 (13) Until October 15, 2007, and upon approval by the controlling board under division (A)(3) of section 901.82 of the Revised Code of the release of money to be used for purchasing a loan or providing a loan guarantee, request the release of that money in accordance with division (B) of section 166.03 of the Revised Code for use for the purposes of the fund created by section 166.031 of the Revised Code. 2659 2660 2661 2662 2663 2664 2665 (14) Allocate that portion of the national recovery zone economic development bond limitation and that portion of the national recovery zone facility bond limitation that has been allocated to the state under section 1400U-1 of the Internal Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal corporation waives any portion of an allocation it receives under division (A)(14) of this section, the agency department may reallocate that amount. Any allocation or reallocation shall be made in accordance with this section and section 1400U-1 of the Internal Revenue Code. 2666 2667 2668 2669 2670 2671 2672 2673 2674 2675 (B) The director of development services may request the attorney general to, and the attorney general, in accordance with section 109.02 of the Revised Code, shall bring a civil action in any court of competent jurisdiction. The director may be sued in the director's official capacity, in connection with this chapter, in accordance with Chapter 2743. of the Revised Code. 2676 2677 2678 2679 2680 2681 (C) The director shall execute a contract pursuant to section 187.04 of the Revised Code with the nonprofit corporation formed under section 187.01 of the Revised Code, and may execute any additional contracts with the corporation providing for the corporation to assist the director or agency department in carrying out any duties of the director or agency department under this chapter, under any other provision of the Revised Code dealing with economic development, or under a contract with the 2682 2683 2684 2685 2686 2687 2688 2689 H. B. No. 110 Page 86 As Introduced director, subject to section 187.04 of the Revised Code. 2690 Sec. 122.041. The director of development shall do all of the following with regard to the encouraging diversity, growth, and equity program created under section 123.152122.922 of the Revised Code: 2691 2692 2693 2694 (A) Conduct outreach, marketing, and recruitment of EDGE business enterprises, as defined in that section; 2695 2696 (B) Provide assistance to the department of administrative services, as needed, to certify new EDGE business enterprises and to train appropriate state agency staff; 2697 2698 2699 (C)(B) Provide business development services to EDGE business enterprises in the developmental and transitional stages of the program, including financial and bonding assistance and management and technical assistance; 2700 2701 2702 2703 (D)(C) Develop a mentor program to bring businesses into a working relationship with EDGE business enterprises in a way that commercially benefits both entities and serves the purpose of the EDGE program; 2704 2705 2706 2707 (E) Not later than December 31, 2003, prepare and submit to the governor a detailed report outlining and evaluating the progress made in implementing the encouraging diversity, growth, and equity program; 2708 2709 2710 2711 (F)(D) Establish processes by which an EDGE business enterprise may apply for contract assistance, financial and bonding assistance, management and technical assistance, and mentoring opportunities. 2712 2713 2714 2715 Sec. 122.17. (A) As used in this section: 2716 (1) "Payroll" means the total taxable income paid by the employer during the employer's taxable year, or during the 2717 2718 H. B. No. 110 Page 87 As Introduced calendar year that includes the employer's tax period, to each employee or each home-based employee employed in the project to the extent such payroll is not used to determine the credit under section 122.171 of the Revised Code. "Payroll" excludes amounts paid before the day the taxpayer becomes eligible for the credit and retirement or other benefits paid or contributed by the employer to or on behalf of employees. 2719 2720 2721 2722 2723 2724 2725 (2) "Baseline payroll" means Ohio employee payroll, except that the applicable measurement period is the twelve months immediately preceding the date the tax credit authority approves the taxpayer's application or the date the tax credit authority receives the recommendation described in division (C)(2)(a) of this section, whichever occurs first, multiplied by the sum of one plus an annual pay increase factor to be determined by the tax credit authority. 2726 2727 2728 2729 2730 2731 2732 2733 (3) "Ohio employee payroll" means the amount of compensation used to determine the withholding obligations in division (A) of section 5747.06 of the Revised Code and paid by the employer during the employer's taxable year, or during the calendar year that includes the employer's tax period, to the following: 2734 2735 2736 2737 2738 (a) An employee employed in the project who is a resident of this state including a qualifying work-from-home employee not designated as a home-based employee by an applicant under division (C)(1) of this section; 2739 2740 2741 2742 (b) An employee employed at the project location who is not a resident and whose compensation is not exempt from the tax imposed under section 5747.02 of the Revised Code pursuant to a reciprocity agreement with another state under division (A)(3) of section 5747.05 of the Revised Code; 2743 2744 2745 2746 2747 (c) A home-based employee employed in the project. 2748 "Ohio employee payroll" excludes any such compensation to the 2749 H. B. No. 110 Page 88 As Introduced extent it is used to determine the credit under section 122.171 of the Revised Code, and excludes amounts paid before the day the taxpayer becomes eligible for the credit under this section. 2750 2751 2752 (4) "Excess payroll" means Ohio employee payroll minus baseline payroll. 2753 2754 (5) "Home-based employee" means an employee whose services are performed primarily from the employee's residence in this state exclusively for the benefit of the project and whose rate of pay is at least one hundred thirty-one per cent of the federal minimum wage under 29 U.S.C. 206. 2755 2756 2757 2758 2759 (6) "Full-time equivalent employees" means the quotient obtained by dividing the total number of hours for which employees were compensated for employment in the project by two thousand eighty. "Full-time equivalent employees" excludes hours that are counted for a credit under section 122.171 of the Revised Code. 2760 2761 2762 2763 2764 (7) "Metric evaluation date" means the date by which the taxpayer must meet all of the commitments included in the agreement. 2765 2766 2767 (8) "Qualifying work-from-home employee" means an employee who is a resident of this state and whose services are supervised from the employer's project location and performed primarily from a residence of the employee located in this state. 2768 2769 2770 2771 (9) "Resident" or "resident of this state" means an individual who is a resident as defined in section 5747.01 of the Revised Code. 2772 2773 2774 (10) "Reporting period" means a period corresponding to the annual report required under division (D)(6) of this section. 2775 2776 (B) The tax credit authority may make grants under this section to foster job creation in this state. Such a grant shall take the form of a refundable credit allowed against the tax 2777 2778 2779 H. B. No. 110 Page 89 As Introduced imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, or 5747.02 or levied under Chapter 5751. of the Revised Code. The credit shall be claimed for the taxable years or tax periods specified in the taxpayer's agreement with the tax credit authority under division (D) of this section. With respect to taxes imposed under section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed in the order required under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the excess payroll for that year multiplied by the percentage specified in the agreement with the tax credit authority. 2780 2781 2782 2783 2784 2785 2786 2787 2788 2789 2790 2791 2792 (C)(1) A taxpayer or potential taxpayer who proposes a project to create new jobs in this state may apply to the tax credit authority to enter into an agreement for a tax credit under this section. 2793 2794 2795 2796 An application shall not propose to include both home-based employees and employees who are not home-based employees in the computation of Ohio employee payroll for the purposes of the same tax credit agreement, except that a qualifying work-from-home employee shall not be considered to be a home-based employee unless so designated by the applicant. If a taxpayer or potential taxpayer employs both home-based employees and employees who are not home-based employees in a project, the taxpayer shall submit separate applications for separate tax credit agreements for the project, one of which shall include home-based employees in the computation of Ohio employee payroll and one of which shall include all other employees in the computation of Ohio employee payroll. 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 The director of development services shall prescribe the form of the application. After receipt of an application, the authority 2810 2811 H. B. No. 110 Page 90 As Introduced may enter into an agreement with the taxpayer for a credit under this section if it determines all of the following: 2812 2813 (a) The taxpayer's project will increase payroll; 2814 (b) The taxpayer's project is economically sound and will benefit the people of this state by increasing opportunities for employment and strengthening the economy of this state; 2815 2816 2817 (c) Receiving the tax credit is a major factor in the taxpayer's decision to go forward with the project. 2818 2819 (2)(a) A taxpayer that chooses to begin the project prior to receiving the determination of the authority may, upon submitting the taxpayer's application to the authority, request that the chief investment officer of the nonprofit corporation formed under section 187.01 of the Revised Code and the director review the taxpayer's application and recommend to the authority that the taxpayer's application be considered. As soon as possible after receiving such a request, the chief investment officer and the director shall review the taxpayer's application and, if they determine that the application warrants consideration by the authority, make that recommendation to the authority not later than six months after the application is received by the authority. 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 (b) The authority shall consider any taxpayer's application for which it receives a recommendation under division (C)(2)(a) of this section. If the authority determines that the taxpayer does not meet all of the criteria set forth in division (C)(1) of this section, the authority and the department of development services agency shall proceed in accordance with rules adopted by the director pursuant to division (I) of this section. 2833 2834 2835 2836 2837 2838 2839 (D) An agreement under this section shall include all of the following: 2840 2841 (1) A detailed description of the project that is the subject 2842 H. B. No. 110 Page 91 As Introduced of the agreement; 2843 (2)(a) The term of the tax credit, which, except as provided in division (D)(2)(b) of this section, shall not exceed fifteen years, and the first taxable year, or first calendar year that includes a tax period, for which the credit may be claimed; 2844 2845 2846 2847 (b) If the tax credit is computed on the basis of home-based employees, the term of the credit shall expire on or before the last day of the taxable or calendar year ending before the beginning of the seventh year after September 6, 2012, the effective date of H.B. 327 of the 129th general assembly. 2848 2849 2850 2851 2852 (3) A requirement that the taxpayer shall maintain operations at the project location for at least the greater of seven years or the term of the credit plus three years; 2853 2854 2855 (4) The percentage, as determined by the tax credit authority, of excess payroll that will be allowed as the amount of the credit for each taxable year or for each calendar year that includes a tax period; 2856 2857 2858 2859 (5) The pay increase factor to be applied to the taxpayer's baseline payroll; 2860 2861 (6) A requirement that the taxpayer annually shall report to the director of development services full-time equivalent employees, payroll, Ohio employee payroll, investment, the provision of health care benefits and tuition reimbursement if required in the agreement, and other information the director needs to perform the director's duties under this section; 2862 2863 2864 2865 2866 2867 (7) A requirement that the director of development services annually review the information reported under division (D)(6) of this section and verify compliance with the agreement; if the taxpayer is in compliance, a requirement that the director issue a certificate to the taxpayer stating that the information has been verified and identifying the amount of the credit that may be 2868 2869 2870 2871 2872 2873 H. B. No. 110 Page 92 As Introduced claimed for the taxable or calendar year; 2874 (8) A provision providing that the taxpayer may not relocate a substantial number of employment positions from elsewhere in this state to the project location unless the director of development services determines that the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated has been notified by the taxpayer of the relocation. 2875 2876 2877 2878 2879 2880 2881 For purposes of this section, the movement of an employment position from one political subdivision to another political subdivision shall be considered a relocation of an employment position unless the employment position in the first political subdivision is replaced. The movement of a qualifying work-from-home employee to a different residence located in this state or to the project location shall not be considered a relocation of an employment position. 2882 2883 2884 2885 2886 2887 2888 2889 (9) If the tax credit is computed on the basis of home-based employees, that the tax credit may not be claimed by the taxpayer until the taxable year or tax period in which the taxpayer employs at least two hundred employees more than the number of employees the taxpayer employed on June 30, 2011. 2890 2891 2892 2893 2894 (E) If a taxpayer fails to meet or comply with any condition or requirement set forth in a tax credit agreement, the tax credit authority may amend the agreement to reduce the percentage or term of the tax credit. The reduction of the percentage or term may take effect in the current taxable or calendar year. 2895 2896 2897 2898 2899 (F) Projects that consist solely of point-of-final-purchase retail facilities are not eligible for a tax credit under this section. If a project consists of both point-of-final-purchase retail facilities and nonretail facilities, only the portion of the project consisting of the nonretail facilities is eligible for 2900 2901 2902 2903 2904 H. B. No. 110 Page 93 As Introduced a tax credit and only the excess payroll from the nonretail facilities shall be considered when computing the amount of the tax credit. If a warehouse facility is part of a point-of-final-purchase retail facility and supplies only that facility, the warehouse facility is not eligible for a tax credit. Catalog distribution centers are not considered point-of-final-purchase retail facilities for the purposes of this division, and are eligible for tax credits under this section. 2905 2906 2907 2908 2909 2910 2911 2912 (G) Financial statements and other information submitted to the department of development services agency or the tax credit authority by an applicant or recipient of a tax credit under this section, and any information taken for any purpose from such statements or information, are not public records subject to section 149.43 of the Revised Code. However, the chairperson of the authority may make use of the statements and other information for purposes of issuing public reports or in connection with court proceedings concerning tax credit agreements under this section. Upon the request of the tax commissioner or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of the authority shall provide to the commissioner or superintendent any statement or information submitted by an applicant or recipient of a tax credit in connection with the credit. The commissioner or superintendent shall preserve the confidentiality of the statement or information. 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 (H) A taxpayer claiming a credit under this section shall submit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director of development services' development's certificate of verification under division (D)(7) of this section with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. Failure to submit a 2930 2931 2932 2933 2934 2935 2936 H. B. No. 110 Page 94 As Introduced copy of the certificate with the report or return does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate to the commissioner or superintendent within the time prescribed by section 5703.0510 of the Revised Code or within thirty days after the commissioner or superintendent requests it. 2937 2938 2939 2940 2941 (I) The director of development services, after consultation with the tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section, including rules that establish a procedure to be followed by the tax credit authority and the department of development services agency in the event the authority considers a taxpayer's application for which it receives a recommendation under division (C)(2)(a) of this section but does not approve it. The 2942 2943 2944 2945 2946 2947 2948 2949 2950 The rules may provide for recipients of tax credits under this section to be charged fees to cover administrative costs of the tax credit program. For the purposes of these rules, a qualifying work-from-home employee shall be considered to be an employee employed at the applicant's project location. The fees collected shall be credited to the tax incentives operating fund created in section 122.174 of the Revised Code. At 2951 2952 2953 2954 2955 2956 2957 The rules shall establish alternative eligibility requirements for taxpayers that do not meet the generally applicable employment and payroll thresholds prescribed by rules of the director, but are otherwise eligible for the credit under this section. These alternative eligibility requirements may include reduced employment and payroll thresholds and other distinct criteria. The tax credit authority shall not award more than twenty-five million dollars in tax credits under the alternative eligibility requirements in any fiscal biennium. 2958 2959 2960 2961 2962 2963 2964 2965 2966 At the time the director gives public notice under division (A) of section 119.03 of the Revised Code of the adoption of the 2967 2968 H. B. No. 110 Page 95 As Introduced rules, the director shall submit copies of the proposed rules to the chairpersons of the standing committees on economic development in the senate and the house of representatives. 2969 2970 2971 (J) For the purposes of this section, a taxpayer may include a partnership, a corporation that has made an election under subchapter S of chapter one of subtitle A of the Internal Revenue Code, or any other business entity through which income flows as a distributive share to its owners. A partnership, S-corporation, or other such business entity may elect to pass the credit received under this section through to the persons to whom the income or profit of the partnership, S-corporation, or other entity is distributed. The election shall be made on the annual report required under division (D)(6) of this section. The election applies to and is irrevocable for the credit for which the report is submitted. If the election is made, the credit shall be apportioned among those persons in the same proportions as those in which the income or profit is distributed. 2972 2973 2974 2975 2976 2977 2978 2979 2980 2981 2982 2983 2984 2985 (K)(1) If the director of development services determines that a taxpayer who has received a credit under this section is not complying with the requirements of the agreement, the director shall notify the tax credit authority of the noncompliance. After receiving such a notice, and after giving the taxpayer an opportunity to explain the noncompliance, the tax credit authority may require the taxpayer to refund to this state a portion of the credit in accordance with the following: 2986 2987 2988 2989 2990 2991 2992 2993 (a) If the taxpayer fails to comply with the requirement under division (D)(3) of this section, an amount determined in accordance with the following: 2994 2995 2996 (i) If the taxpayer maintained operations at the project location for a period less than or equal to the term of the credit, an amount not exceeding one hundred per cent of the sum of any credits allowed and received under this section; 2997 2998 2999 3000 H. B. No. 110 Page 96 As Introduced (ii) If the taxpayer maintained operations at the project location for a period longer than the term of the credit, but less than the greater of seven years or the term of the credit plus three years, an amount not exceeding seventy-five per cent of the sum of any credits allowed and received under this section. 3001 3002 3003 3004 3005 (b) If, on the metric evaluation date, the taxpayer fails to substantially meet the job creation, payroll, or investment requirements included in the agreement, an amount determined at the discretion of the authority; 3006 3007 3008 3009 (c) If the taxpayer fails to substantially maintain the number of new full-time equivalent employees or amount of payroll required under the agreement at any time during the term of the agreement after the metric evaluation date, an amount determined at the discretion of the authority. 3010 3011 3012 3013 3014 (2) If a taxpayer files for bankruptcy and fails as described in division (K)(1)(a), (b), or (c) of this section, the director may immediately commence an action to recoup an amount not exceeding one hundred per cent of the sum of any credits received by the taxpayer under this section. 3015 3016 3017 3018 3019 (3) In determining the portion of the tax credit to be refunded to this state, the tax credit authority shall consider the effect of market conditions on the taxpayer's project and whether the taxpayer continues to maintain other operations in this state. After making the determination, the authority shall certify the amount to be refunded to the tax commissioner or superintendent of insurance, as appropriate. If the amount is certified to the commissioner, the commissioner shall make an assessment for that amount against the taxpayer under Chapter 5726., 5733., 5736., 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The time 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 H. B. No. 110 Page 97 As Introduced limitations on assessments under those chapters do not apply to an assessment under this division, but the commissioner or superintendent, as appropriate, shall make the assessment within one year after the date the authority certifies to the commissioner or superintendent the amount to be refunded. 3033 3034 3035 3036 3037 (L) On or before the first day of August each year, the director of development services shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the tax credit program under this section. The report shall include information on the number of agreements that were entered into under this section during the preceding calendar year, a description of the project that is the subject of each such agreement, and an update on the status of projects under agreements entered into before the preceding calendar year. 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 (M) There is hereby created the tax credit authority, which consists of the director of development services and four other members appointed as follows: the governor, the president of the senate, and the speaker of the house of representatives each shall appoint one member who shall be a specialist in economic development; the governor also shall appoint a member who is a specialist in taxation. Terms of office shall be for four years. Each member shall serve on the authority until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Members may be reappointed to the authority. Members of the authority shall receive their necessary and actual expenses while engaged in the business of the authority. The director of development services shall serve as chairperson of the authority, and the members 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 H. B. No. 110 Page 98 As Introduced annually shall elect a vice-chairperson from among themselves. Three members of the authority constitute a quorum to transact and vote on the business of the authority. The majority vote of the membership of the authority is necessary to approve any such business, including the election of the vice-chairperson. 3065 3066 3067 3068 3069 The director of development services may appoint a professional employee of the department of development services agency to serve as the director's substitute at a meeting of the authority. The director shall make the appointment in writing. In the absence of the director from a meeting of the authority, the appointed substitute shall serve as chairperson. In the absence of both the director and the director's substitute from a meeting, the vice-chairperson shall serve as chairperson. 3070 3071 3072 3073 3074 3075 3076 3077 (N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance. 3078 3079 3080 3081 (O) On or before the first day of March of each of the five calendar years beginning with 2014, each taxpayer subject to an agreement with the tax credit authority under this section on the basis of home-based employees shall report the number of home-based employees and other employees employed by the taxpayer in this state to the department of development services agency. 3082 3083 3084 3085 3086 3087 (P) On or before the first day of January of 2019, the director of development services shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the effect of agreements entered into under this section in which the taxpayer included home-based employees in the computation of income tax revenue, as that term was defined in this section prior to the amendment of this section by H.B. 64 of the 131st general assembly. The report shall include information on the number of such agreements that were entered 3088 3089 3090 3091 3092 3093 3094 3095 3096 H. B. No. 110 Page 99 As Introduced into in the preceding six years, a description of the projects that were the subjects of such agreements, and an analysis of nationwide home-based employment trends, including the number of home-based jobs created from July 1, 2011, through June 30, 2017, and a description of any home-based employment tax incentives provided by other states during that time. 3097 3098 3099 3100 3101 3102 (Q) The director of development services may require any agreement entered into under this section for a tax credit computed on the basis of home-based employees to contain a provision that the taxpayer makes available health care benefits and tuition reimbursement to all employees. 3103 3104 3105 3106 3107 (R) Original agreements approved by the tax credit authority under this section in 2014 or 2015 before September 29, 2015, may be revised at the request of the taxpayer to conform with the amendments to this section and sections 5733.0610, 5736.50, 5747.058, and 5751.50 of the Revised Code by H.B. 64 of the 131st general assembly, upon mutual agreement of the taxpayer and the department of development services agency, and approval by the tax credit authority. 3108 3109 3110 3111 3112 3113 3114 3115 (S)(1) As used in division (S) of this section: 3116 (a) "Eligible agreement" means an agreement approved by the tax credit authority under this section on or before December 31, 2013. 3117 3118 3119 (b) "Reporting period" means a period corresponding to the annual report required under division (D)(6) of this section. 3120 3121 (c) "Income tax revenue" has the same meaning as under this section as it existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly. 3122 3123 3124 3125 (2) In calendar year 2016 and thereafter, the tax credit authority shall annually determine a withholding adjustment factor 3126 3127 H. B. No. 110 Page 100 As Introduced to be used in the computation of income tax revenue for eligible agreements. The withholding adjustment factor shall be a numerical percentage that equals the percentage that employer income tax withholding rates have been increased or decreased as a result of changes in the income tax rates prescribed by section 5747.02 of the Revised Code by amendment of that section taking effect on or after June 29, 2013. 3128 3129 3130 3131 3132 3133 3134 (3) Except as provided in division (S)(4) of this section, for reporting periods ending in 2015 and thereafter for taxpayers subject to eligible agreements, the tax credit authority shall adjust the income tax revenue reported on the taxpayer's annual report by multiplying the withholding adjustment factor by the taxpayer's income tax revenue and doing one of the following: 3135 3136 3137 3138 3139 3140 (a) If the income tax rates prescribed by section 5747.02 of the Revised Code have decreased by amendment of that section taking effect on or after June 29, 2013, add the product to the taxpayer's income tax revenue. 3141 3142 3143 3144 (b) If the income tax rates prescribed by section 5747.02 of the Revised Code have increased by amendment of that section taking effect on or after June 29, 2013, subtract the product from the taxpayer's income tax revenue. 3145 3146 3147 3148 (4) Division (S)(3) of this section shall not apply unless all of the following apply for the reporting period with respect to the eligible agreement: 3149 3150 3151 (a) The taxpayer has achieved one hundred per cent of the new employment commitment identified in the agreement. 3152 3153 (b) If applicable, the taxpayer has achieved one hundred per cent of the new payroll commitment identified in the agreement. 3154 3155 (c) If applicable, the taxpayer has achieved one hundred per cent of the investment commitment identified in the agreement. 3156 3157 H. B. No. 110 Page 101 As Introduced (5) Failure by a taxpayer to have achieved any of the applicable commitments described in divisions (S)(4)(a) to (c) of this section in a reporting period does not disqualify the taxpayer for the adjustment under division (S) of this section for an ensuing reporting period. 3158 3159 3160 3161 3162 (T) For reporting periods ending in calendar year 2020 or thereafter, any taxpayer may include qualifying work-from-home employees in its report required under division (D)(6) of this section, and the compensation of such employees shall qualify as Ohio employee payroll under division (A)(3)(a) of this section, even if the taxpayer's application to the tax credit authority to enter into an agreement for a tax credit under this section was approved before September 29, 2017, the effective date of the amendment of this section by H.B. 49 of the 132nd general assembly. 3163 3164 3165 3166 3167 3168 3169 3170 3171 3172 Sec. 122.178. (A) As used in this section, "microcredential" means an industry-recognized credential or certificate that an applicant may complete in not more than one year and that is approved by the chancellor of higher education. 3173 3174 3175 3176 (B) There is hereby created the TechCred program to reimburse employers from appropriations made for that purpose for training costs for prospective and incumbent employees to earn a microcredential. The department of development services agency, in consultation with the governor's office of workforce transformation and the department of higher education, shall develop the program. 3177 3178 3179 3180 3181 3182 3183 (C)(1) An employer seeking to participate in the program shall submit an application to the director of development services during an application period established by the director. The employer shall include in the application all of the following information: 3184 3185 3186 3187 3188 H. B. No. 110 Page 102 As Introduced (a) Proof that the employer is registered to do business in this state; 3189 3190 (b) Proof that the employer is current on all tax obligations to the state; 3191 3192 (c) Proof that the employer is in compliance with all environmental regulations applicable to the employer; 3193 3194 (d) The name of the training provider from which a prospective or incumbent employee will receive the training and earn the microcredential; 3195 3196 3197 (e) The cost of the training; 3198 (f) The positions for which earning the microcredential will make a prospective or incumbent employee qualified or the occupational skill set that the prospective or incumbent employee will acquire on completing the training; 3199 3200 3201 3202 (g) The address of the facility or location at which the prospective or incumbent employee is expected to be employed after completing the training; 3203 3204 3205 (h) Any other information the director requires. 3206 (2) In addition to the information required under division (C)(1) of this section, an employer seeking to participate in the program also may submit any of the following information the employer wishes to provide to the director: 3207 3208 3209 3210 (a) The estimated wage after completing the training and earning the microcredential; 3211 3212 (b) The employer's certification as a minority business enterprise under section 123.151 122.921 of the Revised Code or certification as an EDGE business enterprise under section 123.152 122.922 of the Revised Code if applicable; 3213 3214 3215 3216 (c) The demographic information of the employer, including race and gender; 3217 3218 H. B. No. 110 Page 103 As Introduced (d) Any demographic information of a prospective or incumbent employee that the employee provides to the employer, including race and gender; 3219 3220 3221 (e) Any other information the employer wishes to provide to the director. 3222 3223 (D)(1) The director shall consider all applications submitted during an application period after the application period ends. The director shall consider the following factors in determining whether to approve an application: 3224 3225 3226 3227 (a) The duration of the training program; 3228 (b) The cost of the training; 3229 (c) A prospective or incumbent employee's estimated wage after completing the training and earning the microcredential; 3230 3231 (d) Whether approving an application will promote regional diversity in apportioning reimbursements uniformly across the state; 3232 3233 3234 (e) Any other factors the director considers relevant in determining whether to approve an application. 3235 3236 (2) The chancellor of higher education shall establish a list of approved microcredentials. The director shall not approve an application submitted under division (C) of this section unless the microcredentials identified in the application are included in the chancellor's list. Not later than ninety days after the effective date of this section April 14, 2020, the director shall create a list of training providers that offer a microcredential included in the chancellor's list. Thereafter, the director shall annually update the list of training providers. 3237 3238 3239 3240 3241 3242 3243 3244 3245 (3) If the director approves an employer's application for participation in the program, the approval is valid as long as the employer maintains accurate application information under division 3246 3247 3248 H. B. No. 110 Page 104 As Introduced (C)(1) of this section with the director. The employer shall submit the updated information to the director at the beginning of the third fiscal year the employer participates in the program and every other subsequent fiscal year thereafter. 3249 3250 3251 3252 (4) The director shall not approve an application for participation in the program if the employer has violated Chapter 4111. of the Revised Code within the four fiscal years immediately preceding the date of application. 3253 3254 3255 3256 (E)(1) Each participating employer seeking reimbursement for training costs for a prospective or incumbent employee shall submit an application to the director that includes all of the following information for each prospective or incumbent employee: 3257 3258 3259 3260 (a) The prospective or incumbent employee's name and position, if applicable, at the time of submitting the application; 3261 3262 3263 (b) The actual amount the employer paid to the training provider for the training; 3264 3265 (c) Evidence that the prospective or incumbent employee earned a microcredential; 3266 3267 (d) Evidence that the prospective or incumbent employee is a resident of this state. 3268 3269 (2) The amount of the reimbursement shall be not more than two thousand dollars for each microcredential a prospective or incumbent employee receives. 3270 3271 3272 (F) No participating employer shall require a prospective or incumbent employee who receives a microcredential because the employer participated in and received a reimbursement through the employer's participation in the TechCred program to accept or continue employment with the employer. 3273 3274 3275 3276 3277 (G) For the purposes of determining regional diversity under 3278 H. B. No. 110 Page 105 As Introduced this section, the following constitute the regions of the state: 3279 (1) The counties of Allen, Crawford, Defiance, Fulton, Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Wood, and Wyandot are one region; 3280 3281 3282 (2) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne are one region; 3283 3284 3285 3286 (3) The counties of Auglaize, Champaign, Clark, Clinton, Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and Shelby are one region; 3287 3288 3289 (4) The counties of Delaware, Fairfield, Franklin, Knox, Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union are one region; 3290 3291 3292 (5) The counties of Adams, Athens, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Pike, Ross, Scioto, and Vinton are one region; 3293 3294 3295 (6) The counties of Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Monroe, Morgan, Muskingum, Noble, Perry, and Washington are one region; 3296 3297 3298 (7) The counties of Brown, Butler, Clermont, Hamilton, and Warren are one region. 3299 3300 (H)(1) The director shall do both of the following regarding the operation of the program: 3301 3302 (a) Create an application to participate in the program and an application for reimbursement; 3303 3304 (b) Create an internet web site with the applications for and information regarding the program created in this section. 3305 3306 (2) The governor's office of workforce transformation shall include on the office's internet web site either of the following: 3307 3308 H. B. No. 110 Page 106 As Introduced (a) The applications for and information regarding the program created in this section; 3309 3310 (b) An internet link to the internet web site created under division (H)(1)(b) of this section. 3311 3312 (I) The director may adopt rules in accordance with Chapter 119. of the Revised Code regarding the operation of the program as the director considers necessary to administer the program, including establishing priority guidelines for approving applications under division (D) of this section. 3313 3314 3315 3316 3317 Sec. 122.42. (A) The director of development services shall do all of the following: 3318 3319 (1) Receive applications for assistance under sections 122.39 and 122.41 to 122.62 of the Revised Code; 3320 3321 (2) Make a final determination whether to approve the application for assistance; 3322 3323 (3) Transmit determinations to approve assistance to the controlling board together with any information the controlling board requires for the board's review and decision as to whether to approve the assistance; 3324 3325 3326 3327 (4) Issue revenue bonds of the state through the treasurer of state, as necessary, payable solely from revenues and other sources as provided in sections 122.39 and 122.41 to 122.62 of the Revised Code. 3328 3329 3330 3331 (B) The director may do all of the following: 3332 (1) Fix the rate of interest and charges to be made upon or with respect to moneys loaned by the director and the terms upon which mortgages and lease rentals may be guaranteed and the rates of charges to be made for the loans and guarantees and to make provisions for the operation of the funds established by the director in accordance with this section and sections 122.54, 3333 3334 3335 3336 3337 3338 H. B. No. 110 Page 107 As Introduced 122.55, 122.56, and 122.57 of the Revised Code; 3339 (2) Loan moneys from the fund established in accordance with section 122.54 of the Revised Code pursuant to and in compliance with sections 122.39 and 122.41 to 122.62 of the Revised Code; 3340 3341 3342 (3) Acquire in the name of the director any property of any kind or character in accordance with sections 122.39 and 122.41 to 122.62 of the Revised Code, by purchase, purchase at foreclosure, or exchange on such terms and in such manner as the director considers proper; 3343 3344 3345 3346 3347 (4) Make and enter into all contracts and agreements necessary or incidental to the performance of the director's duties and the exercise of the director's powers under sections 122.39 and 122.41 to 122.62 of the Revised Code; 3348 3349 3350 3351 (5) Maintain, protect, repair, improve, and insure any property which the director has acquired and dispose of the same by sale, exchange, or lease for the consideration and on the terms and in the manner as the director considers proper, but is not authorized to operate any such property as a business except as the lessor of the property; 3352 3353 3354 3355 3356 3357 (6)(a) When the cost of any contract for the maintenance, protection, repair, or improvement of any property held by the director other than compensation for personal services involves an expenditure of more than one thousand dollars, the director shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in the county where such contract, or some substantial part of it, is to be performed, and in such other publications as the director determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place 3358 3359 3360 3361 3362 3363 3364 3365 3366 3367 3368 3369 H. B. No. 110 Page 108 As Introduced where plans and specifications may be examined, and the time and place of receiving bids. 3370 3371 (b) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and meet the requirements of section 153.54 of the Revised Code. 3372 3373 3374 3375 (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered into and the performance of the proposal secured. 3376 3377 3378 3379 3380 3381 (d) The director may reject any and all bids. 3382 (e) A bond with good and sufficient surety, approved by the director, shall be required of every contractor awarded a contract except as provided in division (B)(6)(b) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon faithful performance of the contract. 3383 3384 3385 3386 3387 (7) Employ financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other employees and agents as are necessary in the director's judgment and fix their compensation; 3388 3389 3390 3391 (8) Assist qualified persons in the coordination and formation of a small business development company, having a statewide area of operation, conditional upon the company's agreeing to seek to obtain certification from the federal small business administration as a certified statewide development company and participation in the guaranteed loan program administered by the small business administration pursuant to the Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the initial period of formation of the statewide small business 3392 3393 3394 3395 3396 3397 3398 3399 3400 H. B. No. 110 Page 109 As Introduced development company, the director shall provide technical and financial expertise, legal and managerial assistance, and other services as are necessary and proper to enable the company to obtain and maintain federal certification and participation in the federal guaranteed loan program. The director may charge a fee, in such amount and on such terms and conditions as the director determines necessary and proper, for assistance and services provided pursuant to division (B)(8) of this section. 3401 3402 3403 3404 3405 3406 3407 3408 Persons chosen by the director to receive assistance in the formation of a statewide small business development company pursuant to division (B)(8) of this section shall make a special effort to use their participation in the federal guaranteed loan program to assist small businesses which are minority business enterprises as defined in division (E) of section 122.71 of the Revised Code. The director, with the assistance of the minority business development division of the department of development, shall provide technical and financial expertise, legal and managerial assistance, and other services in such a manner to enable the development company to provide assistance to small businesses which are minority business enterprises, and shall make available to the development company information pertaining to assistance available to minority business enterprises under programs established pursuant to sections 122.71 to 122.83, 122.87 to 122.89, 122.92 to 122.94, 123.151 122.921, and 125.081 of the Revised Code. 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 3421 3422 3423 3424 3425 (9) Receive and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which such grants, gifts, and contributions are made, from individuals, private and public corporations, from the United States or any agency of the United States, from the state or any agency of the state, and from any political subdivision of the state, and may agree to repay any 3426 3427 3428 3429 3430 3431 3432 H. B. No. 110 Page 110 As Introduced contribution of money or to return any property contributed or the value of the property at such times, in such amounts, and on such terms and conditions, excluding the payment of interest, as the director determines at the time such contribution is made, and may evidence such obligations by notes, bonds, or other written instruments; 3433 3434 3435 3436 3437 3438 (10) Establish with the treasurer of state the funds provided in sections 122.54, 122.55, 122.56, and 122.57 of the Revised Code, in addition to such funds as the director determines are necessary or proper; 3439 3440 3441 3442 (11) Do all acts and things necessary or proper to carry out the powers expressly granted and the duties imposed in sections 122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code. 3443 3444 3445 (C) All expenses and obligations incurred by the director in carrying out the director's powers and in exercising the director's duties under sections 122.39 and 122.41 to 122.62 of the Revised Code, shall be payable solely from the proceeds of revenue bonds issued pursuant to those sections, from revenues or other receipts or income of the director, from grants, gifts, and contributions, or funds established in accordance with those sections. Those sections do not authorize the director to incur indebtedness or to impose liability on the state or any political subdivision of the state. 3446 3447 3448 3449 3450 3451 3452 3453 3454 3455 (D) Financial statements and financial data submitted to the director by any corporation, partnership, or person in connection with a loan application, or any information taken from such statements or data for any purpose, shall not be open to public inspection. 3456 3457 3458 3459 3460 Sec. 122.60. As used in sections 122.60 to 122.605 of the Revised Code: 3461 3462 H. B. No. 110 Page 111 As Introduced (A) "Capital access loan" means a loan made by a participating financial institution to an eligible business that may be secured by a deposit of money from the fund into the participating financial institution's program reserve account. 3463 3464 3465 3466 (B) "Department of development" means the development services agency. 3467 3468 (C) "Eligible business" means a for-profit business entity, or a nonprofit entity, that had total annual sales in its most recently completed fiscal year of less than ten million dollars and that has a principal place of for-profit business or nonprofit entity activity within the state, the operation of which, alone or in conjunction with other facilities, will create new jobs or preserve existing jobs and employment opportunities and will improve the economic welfare of the people of the state. As used in this division, "new jobs" does not include existing jobs transferred from another facility within the state, and "existing jobs" means only existing jobs at facilities within the same municipal corporation or township in which the project, activity, or enterprise that is the subject of a capital access loan is located. 3469 3470 3471 3472 3473 3474 3475 3476 3477 3478 3479 3480 3481 3482 (D)(C) "Financial institution" means any bank, trust company, savings bank, or savings and loan association that is chartered by and has a significant presence in the state, or any national bank, federal savings and loan association, or federal savings bank that has a significant presence in the state. 3483 3484 3485 3486 3487 (E)(D) "Fund" means the capital access loan program fund. 3488 (F)(E) "Minority business supplier development council" has the same meaning as in section 122.71 of the Revised Code. 3489 3490 (G)(F) "Participating financial institution" means a financial institution that has a valid, current participation agreement with the department of development services agency. 3491 3492 3493 H. B. No. 110 Page 112 As Introduced (H)(G) "Participation agreement" means the agreement between a financial institution and the agency department under which a financial institution may participate in the program. 3494 3495 3496 (I)(H) "Passive real estate ownership" means the ownership of real estate for the sole purpose of deriving income from it by speculation, trade, or rental. 3497 3498 3499 (J)(I) "Program" means the capital access loan program created under section 122.602 of the Revised Code. 3500 3501 (K)(J) "Program reserve account" means a dedicated account at each participating financial institution that is the property of the state and may be used by the participating financial institution only for the purpose of recovering a claim under section 122.604 of the Revised Code arising from a default on a loan made by the participating financial institution under the program. 3502 3503 3504 3505 3506 3507 3508 Sec. 122.601. There is hereby created in the state treasury the capital access loan program fund. The fund shall consist of money deposited into it from the minority business enterprise loan fund pursuant to section 122.80 of the Revised Code and the facilities establishment fund pursuant to section 166.03 of the Revised Code and all money deposited into it pursuant to section 122.602 of the Revised Code. The total amount of money deposited into the fund from the minority business enterprise loan fund or the facilities establishment fund shall not exceed three million dollars during any particular fiscal year of the department of development services agency. 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 The agency department shall disburse money from the fund only to pay the operating costs of the program, including the administrative costs incurred by the agency department in connection with the program, and only in keeping with the purposes specified in sections 122.60 to 122.605 of the Revised Code. 3520 3521 3522 3523 3524 H. B. No. 110 Page 113 As Introduced Sec. 122.603. (A)(1) Upon approval by the director of development services and after entering into a participation agreement with the department of development services agency, a participating financial institution making a capital access loan shall establish a program reserve account. The account shall be an interest-bearing account and shall contain only moneys deposited into it under the program and the interest payable on the moneys in the account. 3525 3526 3527 3528 3529 3530 3531 3532 (2) All interest payable on the moneys in the program reserve account shall be added to the moneys and held as an additional loss reserve. The director may require that a portion or all of the accrued interest so held in the account be released to the agency department. If the director causes a release of accrued interest, the director shall deposit the released amount into the capital access loan program fund created in section 122.601 of the Revised Code. The director shall not require the release of that accrued interest more than twice in a fiscal year. 3533 3534 3535 3536 3537 3538 3539 3540 3541 (B) When a participating financial institution makes a capital access loan, it shall require the eligible business to pay to the participating financial institution a fee in an amount that is not less than one and one-half per cent, and not more than three per cent, of the principal amount of the loan. The participating financial institution shall deposit the fee into its program reserve account, and it also shall deposit into the account an amount of its own funds equal to the amount of the fee. The participating financial institution may recover from the eligible business all or part of the amount that the participating financial institution is required to deposit into the account under this division in any manner agreed to by the participating financial institution and the eligible business. 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 (C) For each capital access loan made by a participating 3555 H. B. No. 110 Page 114 As Introduced financial institution, the participating financial institution shall certify to the director, within a period specified by the director, that the participating financial institution has made the loan. The certification shall include the amount of the loan, the amount of the fee received from the eligible business, the amount of its own funds that the participating financial institution deposited into its program reserve account to reflect that fee, and any other information specified by the director. The certification also shall indicate if the eligible business receiving the capital access loan is a minority business enterprise as defined in section 122.71 of the Revised Code or certified by the minority business supplier development council. 3556 3557 3558 3559 3560 3561 3562 3563 3564 3565 3566 3567 (D)(1)(a) Upon receipt of each of the first three certifications from a participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount not to exceed fifty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. Thereafter, upon receipt of a certification from that participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount equal to ten per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. 3568 3569 3570 3571 3572 3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 (b) Notwithstanding division (D)(1)(a) of this section, and subject to section 122.602 of the Revised Code, upon receipt of any certification from a participating financial institution made under division (C) of this section with respect to a capital 3584 3585 3586 3587 H. B. No. 110 Page 115 As Introduced access loan made to an eligible business that is a minority business enterprise, the director shall disburse to the participating financial institution from the capital access loan program fund an amount not to exceed eighty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. 3588 3589 3590 3591 3592 3593 3594 (2) The disbursement of moneys from the fund to a participating financial institution does not require approval from the controlling board. 3595 3596 3597 (E) If the amount in a program reserve account exceeds an amount equal to thirty-three per cent of a participating financial institution's outstanding capital access loans, the agency department may cause the withdrawal of the excess amount and the deposit of the withdrawn amount into the capital access loan program fund. 3598 3599 3600 3601 3602 3603 (F)(1) The agency department may cause the withdrawal of the total amount in a participating financial institution's program reserve account if any of the following applies: 3604 3605 3606 (a) The financial institution is no longer eligible to participate in the program. 3607 3608 (b) The participation agreement expires without renewal by the agency department or the financial institution. 3609 3610 (c) The financial institution has no outstanding capital access loans. 3611 3612 (d) The financial institution has not made a capital access loan within the preceding twenty-four months. 3613 3614 (2) If the agency department causes a withdrawal under division (F)(1) of this section, the agency department shall deposit the withdrawn amount into the capital access loan program 3615 3616 3617 H. B. No. 110 Page 116 As Introduced fund. 3618 Sec. 122.65. As used in sections 122.65 to 122.659 of the Revised Code: 3619 3620 (A) "Applicable cleanup standards" means either of the following: 3621 3622 (1) For property to which Chapter 3734. of the Revised Code and rules adopted under it apply, the requirements for closure or corrective action established in rules adopted under section 3734.12 of the Revised Code; 3623 3624 3625 3626 (2) For property to which Chapter 3746. of the Revised Code and rules adopted under it apply, the cleanup standards that are established in rules adopted under section 3746.04 of the Revised Code. 3627 3628 3629 3630 (B) "Applicant" means a county, township, municipal corporation, port authority, or conservancy district or a park district, other similar park authority, nonprofit organization, or organization for profit that has entered into an agreement with a county, township, municipal corporation, port authority, or conservancy district to work in conjunction with that county, township, municipal corporation, port authority, or conservancy district for the purposes of sections 122.65 to 122.658 of the Revised Code. 3631 3632 3633 3634 3635 3636 3637 3638 3639 (C) "Assessment" means a phase I and phase II property assessment conducted in accordance with section 3746.04 of the Revised Code and rules adopted under that section. 3640 3641 3642 (D) "Brownfield" means an abandoned, idled, or under-used industrial, commercial, or institutional property where expansion or redevelopment is complicated by known or potential releases of hazardous substances or petroleum. 3643 3644 3645 3646 (E) "Certified professional," "hazardous substance," 3647 H. B. No. 110 Page 117 As Introduced "petroleum," and "release" have the same meanings as in section 3746.01 of the Revised Code. 3648 3649 (F) "Cleanup or remediation" means any action to contain, remove, or dispose of hazardous substances or petroleum at a brownfield. "Cleanup or remediation" includes the acquisition of a brownfield, demolition performed at a brownfield, and the installation or upgrade of the minimum amount of infrastructure that is necessary to make a brownfield operational for economic development activity. 3650 3651 3652 3653 3654 3655 3656 (G) "Distressed area" means either a municipal corporation with a population of at least fifty thousand or a county that meets any two of the following criteria: 3657 3658 3659 (1) Its average rate of unemployment, during the most recent five-year period for which data are available, is equal to at least one hundred twenty-five per cent of the average rate of unemployment for the United States for the same period. 3660 3661 3662 3663 (2) It has a per capita income equal to or below eighty per cent of the median county per capita income of the United States as determined by the most recently available figures from the United States census bureau. 3664 3665 3666 3667 (3)(a) In the case of a municipal corporation, at least twenty per cent of the residents have a total income for the most recent census year that is below the official poverty line. 3668 3669 3670 (b) In the case of a county, in intercensal years, the county has a ratio of transfer payment income to total county income equal to or greater than twenty-five per cent. 3671 3672 3673 "Distressed area" includes a municipal corporation the majority of the population of which is situated in a county that is a distressed area. 3674 3675 3676 (H) "Eligible area" means a distressed area, an inner city 3677 H. B. No. 110 Page 118 As Introduced area, a labor surplus area, or a situational distress area. 3678 (I) "Inner city area" means an area in a municipal corporation that has a population of at least one hundred thousand, is not a labor surplus area, and is a targeted investment area established by the municipal corporation that is comprised of block tracts identified in the most recently available figures from the United States census bureau in which at least twenty per cent of the population in the area is at or below the official poverty line or of contiguous block tracts meeting those criteria. 3679 3680 3681 3682 3683 3684 3685 3686 3687 (J) "Institutional property" means property currently or formerly owned or controlled by the state that is or was used for a public or charitable purpose. However, "institutional property" does not mean property that is or was used for educational purposes. 3688 3689 3690 3691 3692 (K) "Integrating committee" means a district public works integrating committee established under section 164.04 of the Revised Code. 3693 3694 3695 (L) "Labor surplus area" means an area designated as a labor surplus area by the United States department of labor. 3696 3697 (M) "Loan" includes credit enhancement. 3698 (N) "No further action letter" means a letter that is prepared by a certified professional when, on the basis of the best knowledge, information, and belief of the certified professional, the certified professional concludes that the cleanup or remediation of a brownfield meets the applicable cleanup standards and that contains all of the information specified in rules adopted under division (B)(7)(B)(6) of section 3746.04 of the Revised Code. 3699 3700 3701 3702 3703 3704 3705 3706 (O) "Nonprofit organization" means a corporation, association, group, institution, society, or other organization 3707 3708 H. B. No. 110 Page 119 As Introduced that is exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501(c)(3), as amended. 3709 3710 3711 (P) "Property" means any parcel of real property, or portion of such a parcel, and any improvements to it. 3712 3713 (Q) "Public health project" means the cleanup or remediation of a release or threatened release of hazardous substances or petroleum at a property where little or no economic redevelopment potential exists. 3714 3715 3716 3717 (R) "Official poverty line" has the same meaning as in section 3923.51 of the Revised Code. 3718 3719 (S) "Situational distress area" means a county or a municipal corporation that has experienced or is experiencing a closing or downsizing of a major employer that will adversely affect the county or municipal corporation's economy and that has applied to the director of development to be designated as a situational distress area for not more than thirty months by demonstrating all of the following: 3720 3721 3722 3723 3724 3725 3726 (1) The number of jobs lost by the closing or downsizing; 3727 (2) The impact that the job loss has on the county or municipal corporation's unemployment rate as measured by the director of job and family services; 3728 3729 3730 (3) The annual payroll associated with the job loss; 3731 (4) The amount of state and local taxes associated with the job loss; 3732 3733 (5) The impact that the closing or downsizing has on suppliers located in the county or municipal corporation. 3734 3735 Sec. 122.72. (A) There is hereby created the minority development financing advisory board to assist in carrying out the 3736 3737 H. B. No. 110 Page 120 As Introduced programs created pursuant to sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. 3738 3739 (B) The board shall consist of ten members. The director of development or the director's designee shall be a voting member on the board. Seven members shall be appointed by the governor with the advice and consent of the senate and selected because of their knowledge of and experience in industrial, business, and commercial financing, suretyship, construction, and their understanding of the problems of minority business enterprises; one member also shall be a member of the senate and appointed by the president of the senate, and one member also shall be a member of the house of representatives and appointed by the speaker of the house of representatives. With respect to the board, all of the following apply: 3740 3741 3742 3743 3744 3745 3746 3747 3748 3749 3750 3751 (1) Not more than four of the members of the board appointed by the governor shall be of the same political party. 3752 3753 (2) Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. 3754 3755 3756 (3) The terms of office for the seven members appointed by the governor shall be for seven years, commencing on the first day of October and ending on the thirtieth day of September of the seventh year, except that of the original seven members, three shall be appointed for three years and two shall be appointed for five years. 3757 3758 3759 3760 3761 3762 (4) Any member of the board is eligible for reappointment. 3763 (5) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term. 3764 3765 3766 3767 (6) Any member shall continue in office subsequent to the 3768 H. B. No. 110 Page 121 As Introduced expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. 3769 3770 3771 (7) Before entering upon official duties as a member of the board, each member shall take an oath as provided by Section 7 of Article XV, Ohio Constitution. 3772 3773 3774 (8) The governor may, at any time, remove any member appointed by the governor pursuant to section 3.04 of the Revised Code. 3775 3776 3777 (9) Notwithstanding section 101.26 of the Revised Code, members shall receive their necessary and actual expenses while engaged in the business of the board and shall be paid at the per diem rate of step 1 of pay range 31 of section 124.15 of the Revised Code. 3778 3779 3780 3781 3782 (10) Six members of the board constitute a quorum and the affirmative vote of six members is necessary for any action taken by the board. 3783 3784 3785 (11) In the event of the absence of a member appointed by the president of the senate or by the speaker of the house of representatives, either of the following persons may serve in the member's absence: 3786 3787 3788 3789 (a) The president of the senate or the speaker of the house of representatives, whoever appointed the absent member; 3790 3791 (b) A member of the senate or of the house of representatives of the same political party as the absent member, as designated by the president of the senate or the speaker of the house of representatives, whoever appointed the absent member. 3792 3793 3794 3795 (12) The board shall annually elect one of its members as chairperson and another as vice-chairperson. 3796 3797 Sec. 122.73. (A) The minority development financing advisory 3798 H. B. No. 110 Page 122 As Introduced board and the director of development are invested with the powers and duties provided in sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code, in order to promote the welfare of the people of the state by encouraging the establishment and expansion of minority business enterprises; to stabilize the economy; to provide employment; to assist in the development within the state of industrial, commercial, distribution, and research activities required for the people of the state, and for their gainful employment; or otherwise to create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state. It is hereby determined that the accomplishment of those purposes is essential so that the people of the state may maintain their present high standards of living in comparison with the people of other states and so that opportunities for employment and for favorable markets for the products of the state's natural resources, agriculture, and manufacturing shall be improved. It further is determined that it is necessary for the state to establish the programs authorized under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code to establish the minority development financing advisory board, and to invest it and the director of development with the powers and duties provided in those sections 122.71 to 122.89 of the Revised Code. 3799 3800 3801 3802 3803 3804 3805 3806 3807 3808 3809 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 (B) The minority development financing advisory board shall do all of the following: 3821 3822 (1) Make recommendations to the director as to applications for assistance pursuant to sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. The board may revise its recommendations to reflect any changes in the proposed assistance made by the director. 3823 3824 3825 3826 3827 (2) Advise the director in the administration of sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. 3828 3829 (3) Adopt bylaws to govern the conduct of the business of the 3830 H. B. No. 110 Page 123 As Introduced board. 3831 Sec. 122.74. (A)(1) The director of development shall do all of the following: 3832 3833 (a) Receive applications for assistance under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code and applications from surety companies for bond guarantees under section 122.90 of the Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to the minority development financing advisory board together with necessary supporting information; 3834 3835 3836 3837 3838 3839 3840 (b) Receive the recommendations of the board and make a final determination whether to approve the application for assistance; 3841 3842 (c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan; 3843 3844 3845 3846 3847 (d) Transmit the director's determinations to approve assistance to the controlling board unless such assistance falls under section 122.90 of the Revised Code and has been previously approved by the controlling board, together with any information the controlling board requires for its review and decision as to whether to approve the assistance. 3848 3849 3850 3851 3852 3853 (2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity or when an application for a surety company for bond guarantees under section 122.90 of the Revised Code has been previously approved by the controlling 3854 3855 3856 3857 3858 3859 3860 H. B. No. 110 Page 124 As Introduced board. 3861 (B) The director may do all of the following: 3862 (1) Fix the rate of interest and charges to be made upon or with respect to moneys loaned or guaranteed by the director and the terms upon which mortgages and lease rentals may be guaranteed and the rates of charges to be made for them and make provisions for the operation of the funds established by the director in accordance with this section and sections 122.80, 122.88, and 122.90 of the Revised Code; 3863 3864 3865 3866 3867 3868 3869 (2) Loan and guarantee moneys from the fund established in accordance with section 122.80 of the Revised Code pursuant to and in compliance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. 3870 3871 3872 3873 (3) Acquire in the name of the director any property of any kind or character in accordance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, by purchase, purchase at foreclosure, or exchange on such terms and in such manner as the director considers proper; 3874 3875 3876 3877 3878 (4) Make and enter into all contracts and agreements necessary or incidental to the performance of the director's duties and the exercise of the director's powers under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code; 3879 3880 3881 3882 (5) Maintain, protect, repair, improve, and insure any property that the director has acquired and dispose of it by sale, exchange, or lease for the consideration and on the terms and in the manner as the director considers proper, but the director shall not operate any such property as a business except as the lessor of it; 3883 3884 3885 3886 3887 3888 (6)(a) When the cost of any contract for the maintenance, protection, repair, or improvement of any property held by the director, other than compensation for personal services, involves 3889 3890 3891 H. B. No. 110 Page 125 As Introduced an expenditure of more than fifty thousand dollars, the director shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in the county where such contract, or some substantial part of it, is to be performed, and in such other publications as the director determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 (b) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and meet the requirements of section 153.54 of the Revised Code. 3903 3904 3905 3906 (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered into and the performance of the proposal secured. 3907 3908 3909 3910 3911 3912 (d) The director may reject any and all bids. 3913 (e) A bond with good and sufficient surety, approved by the director, shall be required of every contractor awarded a contract except as provided in division (B)(6)(b) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon faithful performance of the contract. 3914 3915 3916 3917 3918 (7) Employ or contract with financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other employees and agents as are necessary in the director's judgment 3919 3920 3921 3922 H. B. No. 110 Page 126 As Introduced and fix their compensation; 3923 (8) Receive and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which the grants, gifts, and contributions are made, from individuals, private and public corporations, from the United States or any agency thereof, from the state or any agency thereof, and from any political subdivision of the state, and may agree to repay any contribution of money or to return any property contributed or the value thereof at such times, in amounts, and on terms and conditions, excluding the payment of interest, as the director determines at the time the contribution is made, and may evidence the obligations by notes, bonds, or other written instruments; 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 (9) Establish with the treasurer of state the funds provided in sections 122.80 and 122.88 of the Revised Code in addition to such funds as the director determines are necessary or proper; 3936 3937 3938 (10) Adopt rules under Chapter 119. of the Revised Code necessary to implement sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. 3939 3940 3941 (11) Do all acts and things necessary or proper to carry out the powers expressly granted and the duties imposed in sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. 3942 3943 3944 (C)(1) All expenses and obligations incurred by the director in carrying out the director's powers and in exercising the director's duties under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be payable solely from revenues or other receipts or income of the director, from grants, gifts, and contributions, or funds established in accordance with such sections. Such sections do not authorize the director to incur indebtedness or to impose liability on the state or any political subdivision of the state. 3945 3946 3947 3948 3949 3950 3951 3952 3953 H. B. No. 110 Page 127 As Introduced (2) Financial statements and other data submitted to the director by any corporation, partnership, or person in connection with financial assistance provided under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or any information taken from such statements or data for any purpose, shall not be open to public inspection. 3954 3955 3956 3957 3958 3959 Sec. 122.751. The minority development financing advisory board or a regional economic development entity shall only consider an application for a loan from any applicant after a determination that the applicant is a community development corporation, or after a certification by the equal employment opportunity coordinator director of the department of administrative services development under division (B)(1) of section 123.151 122.921 of the Revised Code that the applicant is a minority business enterprise, or after a certification by the minority business supplier development council that the applicant is a minority business, and that the applicant satisfies all criteria regarding eligibility for assistance pursuant to section 122.76 of the Revised Code. 3960 3961 3962 3963 3964 3965 3966 3967 3968 3969 3970 3971 3972 Sec. 122.76. (A) The director of development services, with controlling board approval, may lend funds to minority business enterprises and to community improvement corporations, Ohio development corporations, minority contractors business assistance organizations, and minority business supplier development councils for the purpose of loaning funds to minority business enterprises, for the purpose of procuring or improving real or personal property, or both, for the establishment, location, or expansion of industrial, distribution, commercial, or research facilities in the state, and for the purpose of contract financing, and to community development corporations that predominantly benefit minority business enterprises or are located in a census tract 3973 3974 3975 3976 3977 3978 3979 3980 3981 3982 3983 3984 H. B. No. 110 Page 128 As Introduced that has a population that is sixty per cent or more minority, if the director determines, in the director's sole discretion, that all of the following apply: 3985 3986 3987 (1) The project is economically sound and will benefit the people of the state by increasing opportunities for employment, by strengthening the economy of the state, or expanding minority business enterprises. 3988 3989 3990 3991 (2) The proposed minority business enterprise borrower is unable to finance the proposed project through ordinary financial channels at comparable terms. 3992 3993 3994 (3) The value of the project is or, upon completion, will be at least equal to the total amount of the money expended in the procurement or improvement of the project. 3995 3996 3997 (4) The amount to be loaned by the director will not exceed seventy-five per cent of the total amount expended in the procurement or improvement of the project. 3998 3999 4000 (5) The amount to be loaned by the director will be adequately secured by a first or second mortgage upon the project or by mortgages, leases, liens, assignments, or pledges on or of other property or contracts as the director requires, and such mortgage will not be subordinate to any other liens or mortgages except the liens securing loans or investments made by financial institutions referred to in division (A)(3) of this section, and the liens securing loans previously made by any financial institution in connection with the procurement or expansion of all or part of a project. 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 (B) Any proposed minority business enterprise borrower submitting an application for assistance under this section shall not have defaulted on a previous loan from the director, and no full or limited partner, major shareholder, or holder of an equity interest of the proposed minority business enterprise borrower 4011 4012 4013 4014 4015 H. B. No. 110 Page 129 As Introduced shall have defaulted on a loan from the director. 4016 (C) The proposed minority business enterprise borrower shall demonstrate to the satisfaction of the director that it is able to successfully compete in the private sector if it obtains the necessary financial, technical, or managerial support and that support is available through the director, the minority business development office division of the department of development services agency, or other identified and acceptable sources. In determining whether a minority business enterprise borrower will be able to successfully compete, the director may give consideration to such factors as the successful completion of or participation in courses of study, recognized by the board of regents as providing financial, technical, or managerial skills related to the operation of the business, by the economically disadvantaged individual, owner, or partner, and the prior success of the individual, owner, or partner in personal, career, or business activities, as well as to other factors identified by the director. 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 (D) The director shall not lend funds for the purpose of procuring or improving motor vehicles or accounts receivable. 4034 4035 Sec. 122.77. (A) The director of development with controlling board approval may make loan guarantees to small businesses and corporations for the purpose of guaranteeing loans made to small businesses by financial institutions for the purpose of procuring or improving real or personal property, or both, for the establishment, location, or expansion of industrial, distribution, commercial, or research facilities in the state, if the director determines, in the director's sole discretion, that all of the following apply: 4036 4037 4038 4039 4040 4041 4042 4043 4044 (1) The project is economically sound and will benefit the people of the state by increasing opportunities for employment, by 4045 4046 H. B. No. 110 Page 130 As Introduced strengthening the economy of the state, or expanding minority business enterprises. 4047 4048 (2) The proposed small business borrower is unable to finance the proposed project through ordinary financial channels at comparable terms. 4049 4050 4051 (3) The value of the project is, or upon completion of it will be, at least equal to the total amount of the money expended in the procurement or improvement of the project and of which amount one or more financial institutions or other governmental entities have loaned not less than thirty per cent. 4052 4053 4054 4055 4056 (4) The amount to be guaranteed by the director will not exceed eighty per cent of the total amount expended in the procurement or improvement of the project. 4057 4058 4059 (5) The amount to be guaranteed by the director will be adequately secured by a first or second mortgage upon the project, or by mortgages, leases, liens, assignments, or pledges on or of other property or contracts as the director shall require and that such mortgage will not be subordinate to any other liens or mortgages except the liens securing loans or investments made by financial institutions referred to in division (A)(3) of this section, and the liens securing loans previously made by any financial institution in connection with the procurement or expansion of all or part of a project. 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 (B) The proposed small business borrower shall not have defaulted on a previous loan or guarantee from the director, and no full or limited partner, or major shareholder, or holder of any equity interest of the proposed minority business enterprise borrower shall have defaulted on a loan or guarantee from the director. 4070 4071 4072 4073 4074 4075 (C) The proposed small business borrower shall demonstrate to the satisfaction of the director that it is able to successfully 4076 4077 H. B. No. 110 Page 131 As Introduced compete in the private sector if it obtains the necessary financial, technical, or managerial support and that support is available through the director, the minority business development office division of the department of development, or other identified and acceptable sources. In determining whether a small business borrower will be able to successfully compete, the director may give consideration to such factors as the successful completion of or participation in courses of study, recognized by the board of regents as providing financial, technical, or managerial skills related to the operation of the business, by the economically disadvantaged individual, owner, or partner, and the prior success of the individual, owner, or partner in personal, career, or business activities, as well as to other factors identified by the director. 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 (D) The director shall not guarantee funds for the purpose of procuring or improving motor vehicles or accounts receivable. 4092 4093 Sec. 122.78. Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans and guarantees made by the director of development pursuant to sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be such as the director determines to be appropriate and in furtherance of the purpose for which the loans and guarantees are made, but the mortgage lien securing any money loaned or guaranteed by the director may be subordinate to the mortgage lien securing any money loaned or invested by a financial institution, but shall be superior to that securing any money loaned or expended by any other corporation or person. The funds used in making these loans or guarantees shall be disbursed upon order of the director. 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 Sec. 122.79. The exercise of the powers granted by sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, will be 4107 4108 H. B. No. 110 Page 132 As Introduced in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, for the increase and expansion of minority business enterprises, and for the improvement of conditions of employment, and will constitute the performance of essential governmental functions; therefore, the director of development shall not be required to pay any taxes upon any property or assets held by the director, or upon any property acquired or used by the director under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or upon the income from it, provided that this exemption shall not apply to any property held by the director while it is in the possession of a private person, partnership, or corporation and used for private purposes for profit, in which case such tax liability shall accrue to the private person, partnership, or corporation. 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 Sec. 122.82. All moneys, funds, properties, and assets acquired by the director of development shall be held by the director in trust to carry out the director's powers and duties, shall be used as provided in sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, and shall at no time be part of other public funds. 4123 4124 4125 4126 4127 4128 Sec. 122.86. (A) As used in this section and section 5747.81 of the Revised Code: 4129 4130 (1) "Small business enterprise" means a corporation, pass-through entity, or other person satisfying all of the following: 4131 4132 4133 (a) At the time of a qualifying investment, the enterprise meets all of the following requirements: 4134 4135 (i) Has no outstanding tax or other liabilities owed to the state; 4136 4137 (ii) Is in good standing with the secretary of state, if the 4138 H. B. No. 110 Page 133 As Introduced enterprise is required to be registered with the secretary; 4139 (iii) Is current with any court-ordered payments; 4140 (iv) Is not engaged in any illegal activity. 4141 (b) At the time of a qualifying investment, the enterprise's assets according to generally accepted accounting principles do not exceed fifty million dollars, or its annual sales do not exceed ten million dollars. When making this determination, the assets and annual sales of all of the enterprise's related or affiliated entities shall be included in the calculation. 4142 4143 4144 4145 4146 4147 (c) At the time of a qualifying investment and for the two-year period immediately preceding the qualifying investment, the enterprise employs at least fifty full-time equivalent employees in this state for whom the enterprise is required to withhold income tax under section 5747.06 of the Revised Code, or more than one-half the enterprise's total number of full-time equivalent employees employed anywhere in the United States are employed in this state and are subject to that withholding requirement. 4148 4149 4150 4151 4152 4153 4154 4155 4156 (d) The enterprise, within six months after an eligible investor's qualifying investment is made, incurs cost for one or more of the following: 4157 4158 4159 (i) Tangible personal property, other than motor vehicles operated on public roads and highways, used in business and physically located in this state from the time of its acquisition by the enterprise until the end of the investor's holding period, including the installation of such tangible personal property; 4160 4161 4162 4163 4164 (ii) Motor vehicles operated on public roads and highways if, from the time of acquisition by the enterprise until the end of the investor's holding period, the motor vehicles are purchased in this state, registered in this state under Chapter 4503. of the Revised Code, are used primarily for business purposes, and are 4165 4166 4167 4168 4169 H. B. No. 110 Page 134 As Introduced necessary for the operation of the enterprise's business; 4170 (iii) Real property located in this state that is used in the business from the time of its acquisition by the enterprise until the end of the holding period; 4171 4172 4173 (iv) Leasehold improvements and construction costs for property located in this state that is used in the business from the time its improvement or construction was completed until the end of the holding period; 4174 4175 4176 4177 (v) Compensation for new employees of the enterprise hired after the date the qualifying investment is made for whom the enterprise is required to withhold income tax under section 5747.06 of the Revised Code. 4178 4179 4180 4181 (2) "Qualifying investment" means an investment of money made on or after July 1, 2019, to acquire capital stock or other equity interest in a small business enterprise. "Qualifying investment" does not include either of the following: 4182 4183 4184 4185 (a) Any investment of money an eligible investor derives, directly or indirectly, from a grant or loan from the federal government or the state or a political subdivision, including the third frontier program under Chapter 184. of the Revised Code; 4186 4187 4188 4189 (b) Any investment of money which is the basis of a tax credit granted under any other section of the Revised Code. 4190 4191 (3) "Eligible investor" means an individual, estate, or trust subject to the tax imposed by section 5747.02 of the Revised Code, or a pass-through entity in which such an individual, estate, or trust holds a direct or indirect ownership or other equity interest. To qualify as an eligible investor, the individual, estate, trust, or pass-through entity shall not owe any outstanding tax or other liability to the state at the time of a qualifying investment. 4192 4193 4194 4195 4196 4197 4198 4199 H. B. No. 110 Page 135 As Introduced (4) "Holding period" means the two-year period beginning on the day a qualifying investment is made. 4200 4201 (5) "Pass-through entity" has the same meaning as in section 5733.04 of the Revised Code. 4202 4203 (B) An eligible investor that makes a qualifying investment in a small business enterprise on or after July 1, 2019, may apply to the director of development services to obtain an allocation for a small business investment certificate from the director. Alternatively, a small business enterprise may apply on behalf of eligible investors to obtain the allocation for those investors. The application must be submitted to the director within sixty days after the date of the qualifying investment, but within the same biennium as the qualifying investment. The director, in consultation with the tax commissioner, shall prescribe the form or manner in which an applicant shall apply for the certificate, devise the form of the certificate, and prescribe any records or other information an applicant shall furnish with the application to evidence the qualifying investment. The applicant shall pay an application fee equal to the greater of one-tenth of one per cent of the amount of the intended investment or one hundred dollars. 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216 4217 4218 4219 The director of development services may reserve small business investment allocations to qualifying applicants in the order in which the director receives applications. An application is completed when the director has validated that an eligible investor has made a qualified investment and receives all required documentation needed to demonstrate the small business enterprise satisfies the requirements of division (A)(1) of this section. To qualify for an allocation, an eligible investor must satisfy both of the following, subject to the limitation on the amount of qualifying investments for which allocations may be issued under division (C) of this section: 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230 (1) The eligible investor makes a qualifying investment on or 4231 H. B. No. 110 Page 136 As Introduced after July 1, 2019. 4232 (2) The eligible investor pledges not to sell or otherwise dispose of the qualifying investment before the conclusion of the applicable holding period. 4233 4234 4235 (C)(1) The amount of any eligible investor's qualifying investments for which small business investment allocations may be issued for a fiscal biennium shall not exceed ten million dollars. 4236 4237 4238 (2) The director of development services shall not issue a small business investment allocation to an eligible investor representing an amount of qualifying investment in excess of the amount of the investment indicated on the investor's application. 4239 4240 4241 4242 (3) For any fiscal biennium beginning before July 1, 2019, the director of development services shall not issue small business investment allocations in a total amount that would cause the tax credits claimed in that biennium to exceed one hundred million dollars. For any fiscal biennium beginning on or after July 1, 2019 2021, the director of development shall not issue small business investment allocations in a total amount that would cause the tax credits claimed in that biennium to exceed fifty twenty-five million dollars. 4243 4244 4245 4246 4247 4248 4249 4250 4251 (4) The director of development services may issue a small business investment allocation only if both of the following apply at the time of issuance: 4252 4253 4254 (a) The small business enterprise meets all the requirements listed in divisions (A)(1)(a)(i) to (iv) of this section; 4255 4256 (b) The eligible investor does not owe any outstanding tax or other liability to the state. 4257 4258 (5) The director shall not issue a small business investment allocation on the basis of any investment for which an Ohio opportunity zone investment certificate has been issued under 4259 4260 4261 H. B. No. 110 Page 137 As Introduced section 122.84 of the Revised Code. 4262 (D) Before the end of the applicable holding period of a qualifying investment, each enterprise in which a qualifying investment was made for which a small business investment allocation has been issued, upon the request of the director of development services, shall provide to the director records or other evidence satisfactory to the director that the enterprise is a small business enterprise for the purposes of this section. Each enterprise shall also provide annually to the director records or evidence regarding the number of jobs created or retained in the state. The director shall compile and maintain a register of small business enterprises qualifying under this section and shall certify the register to the tax commissioner. The director shall also compile and maintain a record of the number of jobs created or retained as a result of qualifying investments made pursuant to this section. 4263 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 (E) After the conclusion of the applicable holding period for a qualifying investment, a person to whom a small business investment allocation has been issued under this section shall receive a small business investment certification, which entitles the person to claim a credit as provided under section 5747.81 of the Revised Code. However, no certificate may be issued if the director finds that any requirement under this section is not met. 4278 4279 4280 4281 4282 4283 4284 (F) The director of development services, in consultation with the tax commissioner, may adopt rules for the administration of this section, including rules governing the following: 4285 4286 4287 (1) Documents, records, or other information eligible investors shall provide to the director; 4288 4289 (2) Any information a small business enterprise shall provide for the purposes of this section and section 5747.81 of the Revised Code; 4290 4291 4292 H. B. No. 110 Page 138 As Introduced (3) Determination of the number of full-time equivalent employees of a small business enterprise; 4293 4294 (4) Verification of a small business enterprise's investment ; 4295 4296 (5) Circumstances under which small business enterprises or eligible investors may be subverting the purposes of this section and section 5747.81 of the Revised Code. 4297 4298 4299 (G) Application fees paid under division (B) of this section shall be credited to the tax incentives operating fund created in section 122.174 of the Revised Code. 4300 4301 4302 Sec. 122.87. As used in sections 122.87 to 122.90 of the Revised Code: 4303 4304 (A) "Surety company" means a company that is authorized by the department of insurance to issue bonds as surety. 4305 4306 (B) "Minority business" means any of the following occupations: 4307 4308 (1) Minority construction contractor; 4309 (2) Minority seller; 4310 (3) Minority service vendor. 4311 (C) "Minority construction contractor" means a person who is both a construction contractor and an owner of a minority business enterprise certified under division (B) of section 123.151 122.921 of the Revised Code. 4312 4313 4314 4315 (D) "Minority seller" means a person who is both a seller of goods and an owner of a minority business enterprise listed on the special minority business enterprise bid notification list under section 125.08 of the Revised Code. 4316 4317 4318 4319 (E) "Minority service vendor" means a person who is both a vendor of services and an owner of a minority business enterprise 4320 4321 H. B. No. 110 Page 139 As Introduced listed on the special minority business enterprise bid notification list under section 125.08 of the Revised Code. 4322 4323 (F) "Minority business enterprise" has the meaning given in section 122.71 of the Revised Code. 4324 4325 (G) "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under section 123.152 122.922 of the Revised Code. 4326 4327 4328 4329 4330 4331 Sec. 122.89. (A) The director of development services may execute bonds as surety for minority businesses as principals, on contracts with the state, any political subdivision or instrumentality thereof, or any person as the obligee. The director as surety may exercise all the rights and powers of a company authorized by the department of insurance to execute bonds as surety but shall not be subject to any requirements of a surety company under Title XXXIX of the Revised Code nor to any rules of the department of insurance. 4332 4333 4334 4335 4336 4337 4338 4339 4340 (B) The director, with the advice of the minority development financing advisory board, shall adopt rules under Chapter 119. of the Revised Code establishing procedures for application for surety bonds by minority businesses and for review and approval of applications. The board shall review each application in accordance with the rules and, based on the bond worthiness of each applicant, shall refer all qualified applicants to the director. Based on the recommendation of the board, the director shall determine whether or not the applicant shall receive bonding. 4341 4342 4343 4344 4345 4346 4347 4348 4349 4350 (C) The rules of the board shall require the minority business to pay a premium in advance for the bond to be 4351 4352 H. B. No. 110 Page 140 As Introduced established by the director, with the advice of the board after the director receives advice from the superintendent of insurance regarding the standard market rates for premiums for similar bonds. All premiums paid by minority businesses shall be paid into the minority business bonding program administrative and loss reserve fund. 4353 4354 4355 4356 4357 4358 (D) The rules of the board shall provide for a retainage of money paid to the minority business or EDGE business enterprise of fifteen per cent for a contract valued at more than fifty thousand dollars and for a retainage of twelve per cent for a contract valued at fifty thousand dollars or less. 4359 4360 4361 4362 4363 (E) The penal sum amounts of all outstanding bonds issued by the director shall not exceed the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code. 4364 4365 4366 4367 (F) The superintendent of insurance shall provide such technical and professional assistance as is considered necessary by the director, including providing advice regarding the standard market rates for bond premiums as described under division (C) of this section. 4368 4369 4370 4371 4372 (G) Notwithstanding any provision of the Revised Code to the contrary, a minority business or EDGE business enterprise may bid or enter into a contract with the state or with any instrumentality of the state without being required to provide a bond as follows: 4373 4374 4375 4376 4377 (1) For the first contract that a minority business or EDGE business enterprise enters into with the state or with any particular instrumentality of the state, the minority business or EDGE business enterprise may bid or enter into a contract valued at twenty-five thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business 4378 4379 4380 4381 4382 4383 H. B. No. 110 Page 141 As Introduced enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; 4384 4385 4386 (2) After the state or any particular instrumentality of the state has accepted the first contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a second contract with the state or with that particular instrumentality of the state valued at fifty thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; 4387 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 (3) After the state or any particular instrumentality of the state has accepted the second contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a third contract with the state or with that particular instrumentality of the state valued at one hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 (4) After the state or any particular instrumentality of the state has accepted the third contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a fourth contract with the state or with that particular instrumentality of the state valued at three hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has 4408 4409 4410 4411 4412 4413 4414 4415 H. B. No. 110 Page 142 As Introduced successfully completed a qualified contractor assistance program after October 16, 2009; 4416 4417 (5) After the state or any instrumentality of the state has accepted the fourth contract as completed and all subcontractors and suppliers on the contract have been paid, upon a showing that with respect to a contract valued at four hundred thousand dollars or less with the state or with any particular instrumentality of the state, that the minority business or EDGE business enterprise either has been denied a bond by two surety companies or that the minority business or EDGE business enterprise has applied to two surety companies for a bond and, at the expiration of sixty days after making the application, has neither received nor been denied a bond, the minority business or EDGE business enterprise may repeat its participation in the unbonded state contractor program. Under no circumstances shall a minority business or EDGE business enterprise be permitted to participate in the unbonded state contractor program more than twice. 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 (H) Notwithstanding any provision of the Revised Code to the contrary, a minority business or EDGE business enterprise may bid or enter into a contract with any political subdivision of the state or with any instrumentality of a political subdivision without being required to provide a bond as follows: 4433 4434 4435 4436 4437 (1) For the first contract that the minority business or EDGE business enterprise enters into with any particular political subdivision of the state or with any particular instrumentality of a political subdivision, the minority business or EDGE business enterprise may bid or enter into a contract valued at twenty-five thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 H. B. No. 110 Page 143 As Introduced (2) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the first contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a second contract with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at fifty thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 (3) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the second contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a third contract with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at one hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; 4460 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 (4) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the third contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a fourth contract with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at two hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business 4471 4472 4473 4474 4475 4476 4477 4478 4479 H. B. No. 110 Page 144 As Introduced enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; 4480 4481 (5) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the fourth contract as completed and all subcontractors and suppliers on the contract have been paid, upon a showing that with respect to a contract valued at three hundred thousand dollars or less with any political subdivision of the state or any instrumentality of a political subdivision, that the minority business or EDGE business enterprise either has been denied a bond by two surety companies or that the minority business or EDGE business enterprise has applied to two surety companies for a bond and, at the expiration of sixty days after making the application, has neither received nor been denied a bond, the minority business or EDGE business enterprise may repeat its participation in the unbonded political subdivision contractor program. Under no circumstances shall a minority business or EDGE business enterprise be permitted to participate in the unbonded political subdivision contractor program more than twice. 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 (I) Notwithstanding any provision of the Revised Code to the contrary, if a minority business or EDGE business enterprise has entered into two or more contracts with the state or with any instrumentality of the state, the minority business or EDGE business enterprise may bid or enter into a contract with a political subdivision of the state or with any instrumentality of a political subdivision valued at the level at which the minority business or EDGE business enterprise would qualify if entering into an additional contract with the state. 4499 4500 4501 4502 4503 4504 4505 4506 4507 (J) The director of development services shall coordinate and oversee the unbonded state contractor program described in division (G) of this section, the unbonded political subdivision contractor program described in division (H) of this section, and 4508 4509 4510 4511 H. B. No. 110 Page 145 As Introduced the approval of a qualified contractor assistance program. The director shall prepare an annual report and submit it to the governor and the general assembly on or before the first day of August that includes the following: information on the director's activities for the preceding calendar year regarding the unbonded state contractor program, the unbonded political subdivision contractor program, and the qualified contractor assistance program; a summary and description of the operations and activities of these programs; an assessment of the achievements of these programs; and a recommendation as to whether these programs need to continue. 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 (K) As used in this section: 4523 (1) "EDGE business enterprise" means an EDGE business enterprise certified under section 123.152 122.922 of the Revised Code. 4524 4525 4526 (2) "Qualified contractor assistance program" means an educational program or technical assistance program for business development that is designed to assist a minority business or EDGE business enterprise in becoming eligible for bonding and has been approved by the director of development services for use as required under this section. 4527 4528 4529 4530 4531 4532 (3) "Successfully completed a qualified contractor assistance program" means the minority business or EDGE business enterprise completed such a program on or after October 16, 2009. 4533 4534 4535 (4) "Unbonded state contractor program" means the program described in division (G) of this section. 4536 4537 (5) "Unbonded political subdivision contractor program" means the program described in division (H) of this section. 4538 4539 Sec. 122.90. (A) The director of development may guarantee bonds executed by sureties for minority businesses and EDGE 4540 4541 H. B. No. 110 Page 146 As Introduced business enterprises certified under section 123.152 122.922 of the Revised Code as principals on contracts with the state, any political subdivision or instrumentality, or any person as the obligee. The director, as guarantor, may exercise all the rights and powers of a company authorized by the department of insurance to guarantee bonds under Chapter 3929. of the Revised Code but otherwise is not subject to any laws related to a guaranty company under Title XXXIX of the Revised Code nor to any rules of the department of insurance. 4542 4543 4544 4545 4546 4547 4548 4549 4550 (B) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures for the application for bond guarantees and the review and approval of applications for bond guarantees submitted by sureties that execute bonds eligible for guarantees under division (A) of this section. 4551 4552 4553 4554 4555 (C) In accordance with rules adopted pursuant to this section, the director may guarantee up to ninety per cent of the loss incurred and paid by sureties on bonds guaranteed under division (A) of this section. 4556 4557 4558 4559 (D) The penal sum amounts of all outstanding guarantees made by the director under this section shall not exceed three times the difference between the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code and the amount of all outstanding bonds issued by the director in accordance with division (A) of section 122.89 of the Revised Code. 4560 4561 4562 4563 4564 4565 4566 (E) The director of development, with controlling board approval, may approve one application per fiscal year from each surety bond company for bond guarantees in an amount requested to support one fiscal year of that company's activity under this section. A surety bond company that applies for a bond guarantee under this division, whether or not the guarantee is approved, is 4567 4568 4569 4570 4571 4572 H. B. No. 110 Page 147 As Introduced not restricted from also applying for individual bond guarantees under division (A) of this section. 4573 4574 Sec. 122.92. There is hereby created in the department of development a minority business development division. The division shall do all of the following: 4575 4576 4577 (A) Provide technical, managerial, and counseling services and assistance to minority business enterprises; 4578 4579 (B) Provide procurement and bid packaging assistance to minority business enterprises; 4580 4581 (C) Provide bonding technical assistance to minority business enterprises; 4582 4583 (D) Participate with other state departments and agencies as appropriate in developing specific plans and specific program goals for programs to assist in the establishment and development of minority business enterprises and establish regular performance monitoring and reporting systems to ensure that those goals are being achieved; 4584 4585 4586 4587 4588 4589 (E) Implement state law and policy supporting minority business enterprise development, and assist in the coordination of plans, programs, and operations of state government which affect or may contribute to the establishment, preservation, and strengthening of minority business enterprises; 4590 4591 4592 4593 4594 (F) Assist in the coordination of activities and resources of state agencies and local governments, business and trade associations, universities, foundations, professional organizations, and volunteer and other groups, to promote the growth of minority business enterprises; 4595 4596 4597 4598 4599 (G) Establish a center for the development, collection, and dissemination of information that will be helpful to persons in establishing or expanding minority business enterprises in this 4600 4601 4602 H. B. No. 110 Page 148 As Introduced state; 4603 (H) Design, implement, and assist in experimental and demonstration projects designed to overcome the special problems of minority business enterprises; 4604 4605 4606 (I) Coordinate reviews of all proposed state training and technical assistance activities in direct support of minority business enterprise programs to ensure consistency with program goals and to preclude duplication of efforts by other state agencies; 4607 4608 4609 4610 4611 (J) Recommend appropriate legislative or executive actions to enhance minority business enterprise opportunities in the state; 4612 4613 (K) Assist minority business enterprises in obtaining governmental or commercial financing for business expansion, establishment of new businesses, or industrial development projects; 4614 4615 4616 4617 (L) Assist minority business enterprises in contract procurement from government and commercial sources; 4618 4619 (M) Establish procedures to identify groups who have been disadvantaged because of racial, cultural, or ethnic circumstances without regard to the individual qualities of the members of the group; 4620 4621 4622 4623 (N) Establish procedures to identify persons who have been economically disadvantaged; 4624 4625 (O) Provide grant assistance to nonprofit entities that promote economic development, development corporations, community improvement corporations, and incubator business entities, if the entities or corporations focus on business, technical, and financial assistance to minority business enterprises to assist the enterprises with fixed asset financing; 4626 4627 4628 4629 4630 4631 (P)Implement the minority business enterprise program 4632 H. B. No. 110 Page 149 As Introduced described in section 122.921 of the Revised Code, the encouraging diversity, growth, and equity program described in section 122.922 of the Revised Code, the women-owned business enterprise program described in section 122.924 of the Revised Code, and the veteran-friendly business enterprise program described in section 122.925 of the Revised Code. 4633 4634 4635 4636 4637 4638 (Q) Do all acts and things necessary or proper to carry out the powers expressly granted and duties imposed by sections 122.92 to 122.94 of the Revised Code. 4639 4640 4641 Sec. 123.151. Sec. 122.921. (A) As used in this section, "minority business enterprise" has the same meaning as in division (E)(1) of section 122.71 of the Revised Code. 4642 4643 4644 (B)(1) The director of administrative services development shall make rules in accordance with Chapter 119. of the Revised Code establishing procedures by which minority businesses may apply to the equal employment opportunity coordinator department of development for certification as minority business enterprises. 4645 4646 4647 4648 4649 (2) The coordinator director shall approve the application of any minority business enterprise that complies with the rules adopted under this division. Any person adversely affected by an order of the coordinator director denying certification as a minority business enterprise may appeal as provided in Chapter 119. of the Revised Code. The coordinator director shall prepare and maintain a list of certified minority business enterprises. 4650 4651 4652 4653 4654 4655 4656 (C) The department of administrative services, every other Every state agency authorized to enter into contracts for construction or contracts for purchases of equipment, materials, supplies, insurance, or services, and every port authority shall file a report every ninety days with the equal employment opportunity coordinator department of development. The report shall be filed at a time and in a form prescribed by the 4657 4658 4659 4660 4661 4662 4663 H. B. No. 110 Page 150 As Introduced coordinator director of development. The report shall include the name of each minority business enterprise that the state agency or port authority entered into a contract with during the preceding ninety-day period and the total value and type of each such contract. No later than thirty days after the end of each fiscal year, the coordinatordirector shall notify in writing each state agency and port authority that has not complied with the reporting requirements of this division for the prior fiscal year. A copy of this notification regarding a state agency shall be submitted to the director of budget and management. No later than thirty days after the notification, the state agency or port authority shall submit to the coordinator director the information necessary to comply with the reporting requirements of this division. 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 If, after the expiration of this thirty-day period, a state agency has not complied with the reporting requirements of this division, the coordinator director of development shall certify to the director of budget and management that the state agency has not complied with the reporting requirements. A copy of this certification shall be submitted to the state agency. Thereafter, no funds of the state agency shall be expended during the fiscal year for construction or purchases of equipment, materials, supplies, contracts of insurance, or services until the coordinator director of development certifies to the director of budget and management that the state agency has complied with the reporting requirements of this division for the prior fiscal year. 4677 4678 4679 4680 4681 4682 4683 4684 4685 4686 4687 4688 If any port authority has not complied with the reporting requirement after the expiration of the thirty-day period, the coordinator director of development shall certify to the speaker of the house of representatives and the president of the senate that the port authority has not complied with the reporting requirements of this division. A copy of this certification shall be submitted to the port authority. Upon receipt of the 4689 4690 4691 4692 4693 4694 4695 H. B. No. 110 Page 151 As Introduced certification, the speaker of the house of representatives and the president of the senate shall take such action or make such recommendations to the members of the general assembly as they consider necessary to correct the situation. 4696 4697 4698 4699 Sec. 123.152. Sec. 122.922. (A) As used in this section, "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services development under this section of the Revised Code. 4700 4701 4702 4703 4704 4705 4706 (B) The director of administrative services development shall establish a business assistance program known as the encouraging diversity, growth, and equity program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program that do all of the following: 4707 4708 4709 4710 4711 (1) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture may apply for certification as an EDGE business enterprise; 4712 4713 4714 4715 (2) Except as provided in division (B)(14) of this section, establish agency procurement goals for contracting with EDGE business enterprises in the award of contracts under Chapters 123., 125., and 153. of the Revised Code based on the availability of eligible program participants by region or geographic area, as determined by the director, and by standard industrial code or equivalent code classification. 4716 4717 4718 4719 4720 4721 4722 (a) Goals established under division (B)(2) of this section shall be based on a percentage level of participation and a percentage of contractor availability. 4723 4724 4725 H. B. No. 110 Page 152 As Introduced (b) Goals established under division (B)(2) of this section shall be applied at the contract level, relative to an overall dollar goal for each state agency, in accordance with the following certification categories: construction, architecture, and engineering; professional services; goods and services; and information technology services. 4726 4727 4728 4729 4730 4731 (3) Establish a system of certifying EDGE business enterprises based on a requirement that the business owner or owners show both social and economic disadvantage based on the following, as determined to be sufficient by the director: 4732 4733 4734 4735 (a) Relative wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business; 4736 4737 4738 (b) Social disadvantage based on any of the following: 4739 (i) A rebuttable presumption when the business owner or owners demonstrate membership in a racial minority group or show personal disadvantage due to color, ethnic origin, gender, physical disability, long-term residence in an environment isolated from the mainstream of American society, location in an area of high unemployment; 4740 4741 4742 4743 4744 4745 (ii) Some other demonstration of personal disadvantage not common to other small businesses; 4746 4747 (iii) By business location in a qualified census tract. 4748 (c) Economic disadvantage based on economic and business size thresholds and eligibility criteria designed to stimulate economic development through contract awards to businesses located in qualified census tracts. 4749 4750 4751 4752 (4) Establish standards to determine when an EDGE business enterprise no longer qualifies for EDGE business enterprise certification; 4753 4754 4755 H. B. No. 110 Page 153 As Introduced (5) Develop a process for evaluating and adjusting goals established by this section to determine what adjustments are necessary to achieve participation goals established by the director; 4756 4757 4758 4759 (6) Establish a point system or comparable system to evaluate bid proposals to encourage EDGE business enterprises to participate in the procurement of professional design and information technology services; 4760 4761 4762 4763 (7) Establish a system to track data and analyze each certification category established under division (B)(2)(b) of this section; 4764 4765 4766 (8) Establish a process to mediate complaints and to review EDGE business enterprise certification appeals; 4767 4768 (9) Implement an outreach program to educate potential participants about the encouraging diversity, growth, and equity program; 4769 4770 4771 (10) Establish a system to assist state agencies in identifying and utilizing EDGE business enterprises in their contracting processes; 4772 4773 4774 (11) Implement a system of self-reporting by EDGE business enterprises as well as an on-site inspection process to validate the qualifications of an EDGE business enterprise; 4775 4776 4777 (12) Establish a waiver mechanism to waive program goals or participation requirements for those companies that, despite their best-documented efforts, are unable to contract with certified EDGE business enterprises; 4778 4779 4780 4781 (13) Establish a process for monitoring overall program compliance in which equal employment opportunity officers primarily are responsible for monitoring their respective agencies; 4782 4783 4784 4785 H. B. No. 110 Page 154 As Introduced (14) Establish guidelines for state universities as defined in section 3345.011 of the Revised Code and the Ohio facilities construction commission created in section 123.20 of the Revised Code for awarding contracts pursuant to Chapters 153., 3318., and 3345. of the Revised Code to allow the universities and commission to establish agency procurement goals for contracting with EDGE business enterprises. 4786 4787 4788 4789 4790 4791 4792 (C) Business and personal financial information and trade secrets submitted by encouraging diversity, growth, and equity program applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program. 4793 4794 4795 4796 4797 4798 4799 Sec. 123.153. Sec. 122.923. (A) As used in this section: 4800 (1) "Minority business enterprise" has the same meaning as in section 123.151 122.921 of the Revised Code. 4801 4802 (2) "EDGE business enterprise" has the same meaning as in section 123.152 122.922 of the Revised Code. 4803 4804 (3) "Women-owned business enterprise" has the same meaning as in section 123.154 122.924 of the Revised Code. 4805 4806 "Veteran-friendly business enterprise" has the same meaning as in section 122.925 of the Revised Code. 4807 4808 (B) Not later than the first day of October in each year, the director of administrative services development shall submit a written report to the governor and to each member of the general assembly describing the progress made by state agencies in advancing the minority business enterprise program, the encouraging diversity, growth, and equity program, and the women-owned business enterprise program, and the veteran-friendly 4809 4810 4811 4812 4813 4814 4815 H. B. No. 110 Page 155 As Introduced business enterprise program. The report shall highlight the initiatives implemented to encourage participation of minority-owned, socially and economically disadvantaged, and women-owned businesses, and veteran-friendly businesses in programs funded by state money or federal money received by the state. The report shall also include the total number of procurement contracts each agency has entered into with certified minority business enterprises, EDGE business enterprises, and women-owned business enterprises, and veteran-friendly business enterprises. 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 Sec. 123.154. Sec. 122.924. (A) As used in this section: 4826 "Women-owned business enterprise" means any individual, partnership, corporation, or joint venture of any kind that is owned and controlled by women who are United States citizens and residents of this state or of a reciprocal state. 4827 4828 4829 4830 "Owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if it is a corporation, is owned by women and that such owners have control over the day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership. In order to qualify as a women-owned business, a business shall have been owned by such owners at least one year. 4831 4832 4833 4834 4835 4836 4837 4838 (B) The director of administrative servicesdevelopment shall establish a business assistance program known as the women-owned business enterprise program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program that do all of the following: 4839 4840 4841 4842 4843 (1) Establish procedures by which a business enterprise may apply for certification as a women-owned business enterprise; 4844 4845 H. B. No. 110 Page 156 As Introduced (2) Establish standards to determine when a women-owned business enterprise no longer qualifies for women-owned business enterprise certification; 4846 4847 4848 (3) Establish a system to make publicly available a list of women-owned business enterprises certified under this section; 4849 4850 (4) Establish a process to mediate complaints and to review women-owned business enterprise certification appeals; 4851 4852 (5) Implement an outreach program to educate potential participants about the women-owned business enterprise program; 4853 4854 (6) Establish a system to assist state agencies in identifying and utilizing women-owned business enterprises in their contracting processes; 4855 4856 4857 (7) Implement a system of self-reporting by women-owned business enterprises as well as an on-site inspection process to validate the qualifications of women-owned business enterprises. 4858 4859 4860 (C) Business and personal financial information and trade secrets submitted by women-owned business enterprise applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program. 4861 4862 4863 4864 4865 4866 4867 (D) The director of administrative servicesdevelopment, upon approval of the attorney general, may enter into a reciprocal agreement with the appropriate officials of one or more states, when the other state has a business assistance program or programs substantially similar to the women-owned business enterprise program of this state. The agreement shall provide that a business certified by the other state as a women-owned business enterprise, which is owned and controlled by a resident or residents of that other state, shall be considered a women-owned business enterprise 4868 4869 4870 4871 4872 4873 4874 4875 4876 H. B. No. 110 Page 157 As Introduced in this state under this section. The agreement shall provide that a women-owned business enterprise certified under this section, which is owned and controlled by a resident or residents of this state, shall be considered certified in the other state and eligible for programs of that state that provide an advantage or benefit to such businesses. 4877 4878 4879 4880 4881 4882 Sec. 9.318. Sec. 122.925. (A) As used in this section: 4883 "Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve component of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; and the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days. 4884 4885 4886 4887 4888 4889 4890 4891 "State agency" has the meaning defined in section 1.60 of the Revised Code. 4892 4893 "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been honorably discharged or discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service. 4894 4895 4896 4897 4898 4899 "Veteran-friendly business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture that meets veteran employment standards established by the director of administrative servicesdevelopment and the director of transportation under this section. 4900 4901 4902 4903 4904 4905 (B) The director of administrative servicesdevelopment and 4906 H. B. No. 110 Page 158 As Introduced the director of transportation shall establish and maintain the veteran-friendly business procurement program. The director of administrative servicesdevelopment shall adopt rules to administer the program for all state agencies except the department of transportation, and the director of transportation shall adopt rules to administer the program for the department of transportation. The rules shall be adopted under Chapter 119. of the Revised Code. The rules, as adopted separately by but with the greatest degree of consistency possible between the two directors, shall do all of the following: 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 (1) Establish criteria, based on the percentage of an applicant's employees who are veterans, that qualifies an applicant for certification as a veteran-friendly business enterprise; 4917 4918 4919 4920 (2) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture may apply for certification as a veteran-friendly business enterprise; 4921 4922 4923 4924 (3) Establish procedures for certifying a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture as a veteran-friendly business enterprise; 4925 4926 4927 4928 (4) Establish standards for determining when a veteran-friendly business enterprise no longer qualifies for certification as a veteran-friendly business enterprise; 4929 4930 4931 (5) Establish procedures, to be used by state agencies or the department of transportation, for the evaluation and ranking of proposals, which provide preference or bonus points to each certified veteran-friendly business enterprise that submits a bid or other proposal for a contract with the state or an agency of the state other than the department of transportation, or with the 4932 4933 4934 4935 4936 4937 H. B. No. 110 Page 159 As Introduced department of transportation, for the rendering of services, or the supplying of materials, or for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, highway, or other improvement; 4938 4939 4940 4941 (6) Implement an outreach program to educate potential participants about the veteran-friendly business procurement program; and 4942 4943 4944 (7) Establish a process for monitoring overall performance of the veteran-friendly business procurement program. 4945 4946 Sec. 123.01. (A) The department of administrative services, in addition to those powers enumerated in Chapters 124. and 125. of the Revised Code and provided elsewhere by law, shall exercise the following powers: 4947 4948 4949 4950 (1) To prepare and suggest comprehensive plans for the development of grounds and buildings under the control of a state agency; 4951 4952 4953 (2) To acquire, by purchase, gift, devise, lease, or grant, all real estate required by a state agency, in the exercise of which power the department may exercise the power of eminent domain, in the manner provided by sections 163.01 to 163.22 of the Revised Code; 4954 4955 4956 4957 4958 (3) To erect, supervise, and maintain all public monuments and memorials erected by the state, except where the supervision and maintenance is otherwise provided by law; 4959 4960 4961 (4) To procure, by lease, storage accommodations for a state agency; 4962 4963 (5) To lease or grant easements or licenses for unproductive and unused lands or other property under the control of a state agency. Such leases, easements, or licenses may be granted to any person or entity, shall be for a period not to exceed fifteen 4964 4965 4966 4967 H. B. No. 110 Page 160 As Introduced years, unless a longer period is authorized by division (A)(5) of this section, and shall be executed for the state by the director of administrative services, provided that the. The director shall grant leases, easements, or licenses of university land for periods not to exceed twenty-five years for purposes approved by the respective university's board of trustees wherein the uses are compatible with the uses and needs of the university and may grant leases of university land for periods not to exceed forty years for purposes approved by the respective university's board of trustees pursuant to section 123.17 of the Revised Code. The director may grant perpetual easements to public utilities, as defined in section 4905.02 of the Revised Code or described in section 4905.03 of the Revised Code. 4968 4969 4970 4971 4972 4973 4974 4975 4976 4977 4978 4979 4980 (6) To lease space for the use of a state agency; 4981 (7) To have general supervision and care of the storerooms, offices, and buildings leased for the use of a state agency; 4982 4983 (8) To exercise general custodial care of all real property of the state; 4984 4985 (9) To assign and group together state offices in any city in the state and to establish, in cooperation with the state agencies involved, rules governing space requirements for office or storage use; 4986 4987 4988 4989 (10) To lease for a period not to exceed forty years, pursuant to a contract providing for the construction thereof under a lease-purchase plan, buildings, structures, and other improvements for any public purpose, and, in conjunction therewith, to grant leases, easements, or licenses for lands under the control of a state agency for a period not to exceed forty years. The lease-purchase plan shall provide that at the end of the lease period, the buildings, structures, and related improvements, together with the land on which they are situated, 4990 4991 4992 4993 4994 4995 4996 4997 4998 H. B. No. 110 Page 161 As Introduced shall become the property of the state without cost. 4999 (a) Whenever any building, structure, or other improvement is to be so leased by a state agency, the department shall retain either basic plans, specifications, bills of materials, and estimates of cost with sufficient detail to afford bidders all needed information or, alternatively, all of the following plans, details, bills of materials, and specifications: 5000 5001 5002 5003 5004 5005 (i) Full and accurate plans suitable for the use of mechanics and other builders in the improvement; 5006 5007 (ii) Details to scale and full sized, so drawn and represented as to be easily understood; 5008 5009 (iii) Accurate bills showing the exact quantity of different kinds of material necessary to the construction; 5010 5011 (iv) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needed information; 5012 5013 5014 5015 (v) A full and accurate estimate of each item of expense and of the aggregate cost thereof. 5016 5017 (b) The department shall give public notice, in such newspaper, in such form, and with such phraseology as the director of administrative services prescribes, published once each week for four consecutive weeks, of the time when and place where bids will be received for entering into an agreement to lease to a state agency a building, structure, or other improvement. The last publication shall be at least eight days preceding the day for opening the bids. The bids shall contain the terms upon which the builder would propose to lease the building, structure, or other improvement to the state agency. The form of the bid approved by the department shall be used, and a bid is invalid and shall not be considered unless that form is used without change, alteration, 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 H. B. No. 110 Page 162 As Introduced or addition. Before submitting bids pursuant to this section, any builder shall comply with Chapter 153. of the Revised Code. 5030 5031 (c) On the day and at the place named for receiving bids for entering into lease agreements with a state agency, the director of administrative services shall open the bids and shall publicly proceed immediately to tabulate the bids upon duplicate sheets. No lease agreement shall be entered into until the bureau of workers' compensation has certified that the person to be awarded the lease agreement has complied with Chapter 4123. of the Revised Code, until, if the builder submitting the lowest and best bid is a foreign corporation, the secretary of state has certified that the corporation is authorized to do business in this state, until, if the builder submitting the lowest and best bid is a person nonresident of this state, the person has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought under Chapter 4123. of the Revised Code, and until the agreement is submitted to the attorney general and the attorney general's approval is certified thereon. Within thirty days after the day on which the bids are received, the department shall investigate the bids received and shall determine that the bureau and the secretary of state have made the certifications required by this section of the builder who has submitted the lowest and best bid. Within ten days of the completion of the investigation of the bids, the department shall award the lease agreement to the builder who has submitted the lowest and best bid and who has been certified by the bureau and secretary of state as required by this section. If bidding for the lease agreement has been conducted upon the basis of basic plans, specifications, bills of materials, and estimates of costs, upon the award to the builder the department, or the builder with the approval of the department, shall appoint an architect or engineer licensed in this state to prepare such further detailed plans, specifications, 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 H. B. No. 110 Page 163 As Introduced and bills of materials as are required to construct the building, structure, or improvement. The department shall adopt such rules as are necessary to give effect to this section. The department may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected. 5063 5064 5065 5066 5067 5068 (11) To acquire by purchase, gift, devise, or grant and to transfer, lease, or otherwise dispose of all real property required to assist in the development of a conversion facility as defined in section 5709.30 of the Revised Code as that section existed before its repeal by Amended Substitute House Bill 95 of the 125th general assembly; 5069 5070 5071 5072 5073 5074 (12) To lease for a period not to exceed forty years, notwithstanding any other division of this section, the state-owned property located at 408-450 East Town Street, Columbus, Ohio, formerly the state school for the deaf, to a developer in accordance with this section. "Developer," as used in this section, has the same meaning as in section 123.77 of the Revised Code. 5075 5076 5077 5078 5079 5080 5081 Such a lease shall be for the purpose of development of the land for use by senior citizens by constructing, altering, renovating, repairing, expanding, and improving the site as it existed on June 25, 1982. A developer desiring to lease the land shall prepare for submission to the department a plan for development. Plans shall include provisions for roads, sewers, water lines, waste disposal, water supply, and similar matters to meet the requirements of state and local laws. The plans shall also include provision for protection of the property by insurance or otherwise, and plans for financing the development, and shall set forth details of the developer's financial responsibility. 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 The department may employ, as employees or consultants, persons needed to assist in reviewing the development plans. Those 5093 5094 H. B. No. 110 Page 164 As Introduced persons may include attorneys, financial experts, engineers, and other necessary experts. The department shall review the development plans and may enter into a lease if it finds all of the following: 5095 5096 5097 5098 (a) The best interests of the state will be promoted by entering into a lease with the developer; 5099 5100 (b) The development plans are satisfactory; 5101 (c) The developer has established the developer's financial responsibility and satisfactory plans for financing the development. 5102 5103 5104 The lease shall contain a provision that construction or renovation of the buildings, roads, structures, and other necessary facilities shall begin within one year after the date of the lease and shall proceed according to a schedule agreed to between the department and the developer or the lease will be terminated. The lease shall contain such conditions and stipulations as the director considers necessary to preserve the best interest of the state. Moneys received by the state pursuant to this lease shall be paid into the general revenue fund. The lease shall provide that at the end of the lease period the buildings, structures, and related improvements shall become the property of the state without cost. 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 (13) To manage the use of space owned and controlled by the department by doing all of the following: 5117 5118 (a) Biennially implementing, by state agency location, a census of agency employees assigned space; 5119 5120 (b) Periodically in the discretion of the director of administrative services: 5121 5122 (i) Requiring each state agency to categorize the use of space allotted to the agency between office space, common areas, 5123 5124 H. B. No. 110 Page 165 As Introduced storage space, and other uses, and to report its findings to the department; 5125 5126 (ii) Creating and updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics. 5127 5128 5129 (iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings; 5130 5131 (iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus. 5132 5133 (c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility. 5134 5135 5136 5137 (14) To adopt rules to ensure that energy efficiency and conservation is considered in the purchase of products and equipment, except motor vehicles, by any state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution. The department may require minimum energy efficiency standards for purchased products and equipment based on federal testing and labeling if available or on standards developed by the department. When possible, the rules shall apply to the competitive selection of energy consuming systems, components, and equipment under Chapter 125. of the Revised Code. 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 (15) To ensure energy efficient and energy conserving purchasing practices by doing all of the following: 5149 5150 (a) Identifying available energy efficiency and conservation opportunities; 5151 5152 (b) Providing for interchange of information among purchasing agencies; 5153 5154 H. B. No. 110 Page 166 As Introduced (c) Identifying laws, policies, rules, and procedures that should be modified; 5155 5156 (d) Monitoring experience with and the cost-effectiveness of this state's purchase and use of motor vehicles and of major energy-consuming systems, components, equipment, and products having a significant impact on energy consumption by the government; 5157 5158 5159 5160 5161 (e) Providing technical assistance and training to state employees involved in the purchasing process; 5162 5163 (f) Working with the department of development services agency to make recommendations regarding planning and implementation of purchasing policies and procedures that are supportive of energy efficiency and conservation. 5164 5165 5166 5167 (16) To require all state agencies, departments, divisions, bureaus, offices, units, commissions, boards, authorities, quasi-governmental entities, institutions, and state institutions of higher education to implement procedures to ensure that all of the passenger automobiles they acquire in each fiscal year, except for those passenger automobiles acquired for use in law enforcement or emergency rescue work, achieve a fleet average fuel economy of not less than the fleet average fuel economy for that fiscal year as the department shall prescribe by rule. The department shall adopt the rule prior to the beginning of the fiscal year, in accordance with the average fuel economy standards established by federal law for passenger automobiles manufactured during the model year that begins during the fiscal year. 5168 5169 5170 5171 5172 5173 5174 5175 5176 5177 5178 5179 5180 Each state agency, department, division, bureau, office, unit, commission, board, authority, quasi-governmental entity, institution, and state institution of higher education shall determine its fleet average fuel economy by dividing the total number of passenger vehicles acquired during the fiscal year, 5181 5182 5183 5184 5185 H. B. No. 110 Page 167 As Introduced except for those passenger vehicles acquired for use in law enforcement or emergency rescue work, by a sum of terms, each of which is a fraction created by dividing the number of passenger vehicles of a given make, model, and year, except for passenger vehicles acquired for use in law enforcement or emergency rescue work, acquired during the fiscal year by the fuel economy measured by the administrator of the United States environmental protection agency, for the given make, model, and year of vehicle, that constitutes an average fuel economy for combined city and highway driving. 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 As used in division (A)(16) of this section, "acquired" means leased for a period of sixty continuous days or more, or purchased. 5196 5197 5198 (17) To correct legal descriptions or title defects, or release fractional interests in real property, as necessary to cure title clouds reflected in public records, including those resulting from boundary disputes, ingress or egress issues, title transfers precipitated through retirement of bond requirements, and the retention of fractional interests in real estate otherwise disposed of in previous title transfers. 5199 5200 5201 5202 5203 5204 5205 (18) To, with controlling board approval, sell, transfer, or otherwise dispose of all right, title, and interest in any state-owned real property having a fair market value that is less than one million dollars at the time of disposition. 5206 5207 5208 5209 (a) Fair market value of property proposed for disposition pursuant to division (A)(18) of this section shall be established by using best management or other relevant practices through a method considered reasonable, applicable, and appropriate by the director of administrative services. 5210 5211 5212 5213 5214 (b) Notwithstanding any provision of law to the contrary, net proceeds from any disposition of real property made pursuant to 5215 5216 H. B. No. 110 Page 168 As Introduced division (A)(18) of this section shall, at the direction of the director of budget and management, be credited to a fund or funds in the state treasury, or to accounts held by a state institution of higher education for purposes to be determined by the institution. 5217 5218 5219 5220 5221 (B) This section and section 125.02 of the Revised Code shall not interfere with any of the following: 5222 5223 (1) The power of the adjutant general to purchase military supplies, or with the custody of the adjutant general of property leased, purchased, or constructed by the state and used for military purposes, or with the functions of the adjutant general as director of state armories; 5224 5225 5226 5227 5228 (2) The power of the director of transportation in acquiring rights-of-way for the state highway system, or the leasing of lands for division or resident district offices, or the leasing of lands or buildings required in the maintenance operations of the department of transportation, or the purchase of real property for garage sites or division or resident district offices, or in preparing plans and specifications for and constructing such buildings as the director may require in the administration of the department; 5229 5230 5231 5232 5233 5234 5235 5236 5237 (3) The power of the director of public safety and the registrar of motor vehicles to purchase or lease real property and buildings to be used solely as locations to which a deputy registrar is assigned pursuant to division (B) of section 4507.011 of the Revised Code and from which the deputy registrar is to conduct the deputy registrar's business, the power of the director of public safety to purchase or lease real property and buildings to be used as locations for division or district offices as required in the maintenance of operations of the department of public safety, and the power of the superintendent of the state highway patrol in the purchase or leasing of real property and 5238 5239 5240 5241 5242 5243 5244 5245 5246 5247 5248 H. B. No. 110 Page 169 As Introduced buildings needed by the patrol, to negotiate the sale of real property owned by the patrol, to rent or lease real property owned or leased by the patrol, and to make or cause to be made repairs to all property owned or under the control of the patrol; 5249 5250 5251 5252 (4) The power of the division of liquor control in the leasing or purchasing of retail outlets and warehouse facilities for the use of the division; 5253 5254 5255 (5) The power of the director of development services to enter into leases of real property, buildings, and office space to be used solely as locations for the state's foreign offices to carry out the purposes of section 122.05 of the Revised Code; 5256 5257 5258 5259 (6) The power of the director of environmental protection to enter into environmental covenants, to grant and accept easements, or to sell property pursuant to division (G) of section 3745.01 of the Revised Code; 5260 5261 5262 5263 (7) The power of the department of public safety under section 5502.01 of the Revised Code to direct security measures and operations for the Vern Riffe center and the James A. Rhodes state office tower. The department of administrative services shall implement all security measures and operations at the Vern Riffe center and the James A. Rhodes state office tower as directed by the department of public safety. 5264 5265 5266 5267 5268 5269 5270 (C) Purchases for, and the custody and repair of, buildings under the management and control of the capitol square review and advisory board, the opportunities for Ohioans with disabilities agency, the bureau of workers' compensation, or the departments of public safety, job and family services, mental health and addiction services, developmental disabilities, and rehabilitation and correction; buildings of educational and benevolent institutions under the management and control of boards of trustees; and purchases or leases for, and the custody and repair 5271 5272 5273 5274 5275 5276 5277 5278 5279 H. B. No. 110 Page 170 As Introduced of, office space used for the purposes of any agency of the legislative branch of state government are not subject to the control and jurisdiction of the department of administrative services. 5280 5281 5282 5283 An agency of the legislative branch of state government that uses office space in a building under the management and control of the department of administrative services may exercise the agency's authority to improve the agency's office space as authorized under this division only if, upon review, the department of administrative services concludes the proposed improvements do not adversely impact the structural integrity of the building. 5284 5285 5286 5287 5288 5289 5290 5291 If an agency of the legislative branch of state government, except the capitol square review and advisory board, so requests, the agency and the director of administrative services may enter into a contract under which the department of administrative services agrees to perform any services requested by the agency that the department is authorized under this section to perform. In performing such services, the department shall not use competitive selection. As used in this division, "competitive selection" has the meaning defined in section 125.01 of the Revised Code and includes any other type of competitive process for the selection of persons producing or dealing in the services to be provided. 5292 5293 5294 5295 5296 5297 5298 5299 5300 5301 5302 5303 (D) Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code. 5304 5305 5306 5307 Sec. 123.02. The director of administrative services shall be appointed superintendent of public works and shall have the care and control of the public works of the state and shall protect, 5308 5309 5310 H. B. No. 110 Page 171 As Introduced maintain, and keep them in repair. 5311 Subject to the approval of the governor, the director may purchase on behalf of the state such real or personal property, rights, or privileges as are necessary, in the director's judgment, to acquire in the maintenance of the public works or their improvement. 5312 5313 5314 5315 5316 The document that evidences the vesting of any right, title, or interest in real property, other than public lands, belonging to or used by the state shall be recorded in the office of the county recorder of the county in which the property is situated. When recorded, such document and related papers shall be deposited with the director of administrative services and kept in the director of administrative services' office, except that evidence of title to highway rights-of-way shall be deposited with the director of transportation and kept in the director of transportation's office. The director of administrative services shall register the document, except title to highway rights-of-way, in a record system prepared for that purpose and open for inspection by all persons interested. 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328 5329 Any instrument by which the state or an agency of the state acquires real property pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code. 5330 5331 5332 5333 Sec. 124.136. (A) As used in this section: 5334 (1) "Fetal death" has the same meaning as in section 3705.01 of the Revised Code. 5335 5336 (2) "Stillborn" means that an infant of at least twenty weeks of gestation suffered a fetal death. 5337 5338 (B)(1) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised 5339 5340 H. B. No. 110 Page 172 As Introduced Code and each employee listed in division (B)(2), (3), or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who meets the requirement of division (A)(2) (B)(2)(a) of this section is eligible, upon the birth, stillbirth, or adoption of a child, for a parental leave of absence and parental leave benefits under this section. Parental leave of absence shall begin on the day of the birth of a child, on the day of the delivery of a stillborn child, or on the day on which custody of a child is taken for adoption placement by the prospective parents. 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 (2)(a) To be eligible for leave and benefits under this section, an employee must be a one of the following: 5351 5352 (i) A parent, as listed on the birth certificate, of a newly born child or the; 5353 5354 (ii) A parent, as listed on the fetal death certificate, of a stillborn child; 5355 5356 (iii) A legal guardian of and reside in the same household as a newly adopted child. 5357 5358 (b) Employees may elect to receive two five thousand dollars for adoption expenses in lieu of receiving the paid leave benefit provided under this section. Such payment may be requested upon placement of the child in the employee's home. If the child is already residing in the home, payment may be requested at the time the adoption is approved. 5359 5360 5361 5362 5363 5364 (3) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day parental leave of absence begins shall be used to determine eligibility and benefits under this section for part-time employees, but such benefits shall not exceed forty hours per week. If an employee has not worked for a three-month period, the 5365 5366 5367 5368 5369 5370 5371 H. B. No. 110 Page 173 As Introduced number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility and benefits under this section. 5372 5373 5374 (B)(C) Parental leave granted under this section shall not exceed six continuous weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay. All of the following apply to employees granted parental leave: 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384 5385 5386 (1) They remain eligible to receive all employer-paid benefits and continue to accrue all other forms of paid leave as if they were in active pay status. 5387 5388 5389 (2) They are ineligible to receive overtime pay, and no portion of their parental leave shall be included in calculating their overtime pay. 5390 5391 5392 (3) They are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of parental leave and be paid as such. 5393 5394 5395 (C)(D) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to be paid during the fourteen-day waiting period and to supplement the seventy per cent of their base rate of pay received during the remaining part of their parental leave period, in an amount sufficient to give them up to one hundred per cent of their pay for time on parental 5396 5397 5398 5399 5400 5401 5402 H. B. No. 110 Page 174 As Introduced leave. 5403 Use of parental leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29 U.S.C.A. 2601, except that parental leave shall be included in any leave time provided under that act. 5404 5405 5406 5407 5408 5409 (D)(E) Employees receiving disability leave benefits under section 124.385 of the Revised Code prior to becoming eligible for parental leave shall continue to receive disability leave benefits for the duration of their disabling condition or as otherwise provided under the disability leave benefits program. If an employee is receiving disability leave benefits because of pregnancy and these benefits expire prior to the expiration date of any benefits the employee would have been entitled to receive under this section, the employee shall receive parental leave for such additional time without being required to serve an additional waiting period. 5410 5411 5412 5413 5414 5415 5416 5417 5418 5419 5420 Sec. 124.1312. (A) As used in this section: 5421 (1) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code. 5422 5423 (2) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code. 5424 5425 (B) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (3), or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who is a foster caregiver or kinship caregiver is eligible, on placement of a child in the employee's home, to a maximum of five days of caregiver leave with full pay in a 5426 5427 5428 5429 5430 5431 5432 H. B. No. 110 Page 175 As Introduced calendar year. Caregiver leave begins on the day on which the child is placed with the prospective foster caregiver or kinship caregiver. 5433 5434 5435 (C) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day caregiver leave begins shall be used to determine eligibility for leave under this section for part-time employees. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility for leave under this section. 5436 5437 5438 5439 5440 5441 5442 5443 5444 (D) Use of caregiver leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 29 U.S.C. 2601, except that caregiver leave shall be included in any leave time provided under that act. 5445 5446 5447 5448 5449 5450 (E) The director of administrative services may adopt rules in accordance with Chapter 119. of the Revised Code governing caregiver leave established under this section. 5451 5452 5453 Sec. 125.02. (A) The department of administrative services shall establish contracts for supplies and services, including telephone, other telecommunications, and computer services, for the use of state agencies, and may establish such contracts for the use of any political subdivision as described in division (B) of section 125.04 of the Revised Code, except for the following: 5454 5455 5456 5457 5458 5459 (1) The adjutant general for military supplies and services; 5460 (2) The general assembly; 5461 (3) The judicial branch; 5462 H. B. No. 110 Page 176 As Introduced (4) State institutions of higher education; 5463 (5) State elected officials as set forth in section 125.041 of the Revised Code; 5464 5465 (6) The capitol square review and advisory board. 5466 The entities set forth in divisions (A)(l) to (6) of this section may request the department of administrative services' assistance in the procurement of supplies and services for their respective offices and, upon the department's approval, may participate in contracts awarded by the department. 5467 5468 5469 5470 5471 (B) For purchases under division (C) of section 125.05 of the Revised Code, the department shall grant a state agency a release and permit to make the purchase if the department determines that it is not possible or advantageous for the department to make a purchase. 5472 5473 5474 5475 5476 (C) Upon request, the department may grant a blanket release and permit to a state agency for specific purchases. The department may grant the blanket release and permit for a fiscal year or for a biennium as determined by the director of administrative services. 5477 5478 5479 5480 5481 (D) The director of administrative services shall adopt rules regarding circumstances and criteria for obtaining a release and permit under this section. The director of administrative services shall prescribe uniform rules governing forms of specifications, advertisements for proposals, the opening of bids, the making of awards and contracts, and the purchase of supplies and performance of work. 5482 5483 5484 5485 5486 5487 5488 (E) The director may enter into participate in cooperative purchasing agreements to purchase supplies or services with the following: 5489 5490 5491 (1) The entities set forth in divisions (A)(1) to (5) (6) of 5492 H. B. No. 110 Page 177 As Introduced this section; 5493 (2) One or more other states; 5494 (3) Groups of states; 5495 (4) The United States or any department, division, or agency of the United States; 5496 5497 (5) Other purchasing consortia; 5498 (6) The department of transportation; or 5499 (7) Any political subdivision of this state described in division (B) of section 125.04 of the Revised Code. 5500 5501 (F) The United States or any department, division, or agency of the United States, one or more other states, groups of states, other purchasing consortia, or any agency, commission, or authority established under an interstate compact or agreement may purchase supplies and services from contracts established by the department of administrative services. 5502 5503 5504 5505 5506 5507 (G) Except as provided in section 125.04 of the Revised Code, the department of administrative services shall purchase any policy of insurance, including a surety or fidelity bond, covering officers or employees of a state agency, for which the annual premium is more than one thousand dollars and which the state may procure. The department shall purchase the insurance in conformity with sections 125.04 to 125.15 of the Revised Code. As used in this division, "annual premium" means the total premium for one year for one type of insurance regardless of the number of policies. 5508 5509 5510 5511 5512 5513 5514 5515 5516 5517 Sec. 125.04. (A) Except for the requirements of division (B) of this section, section 125.092, and division (B) of section 125.11 of the Revised Code, sections 125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not apply to or affect state institutions of higher education. 5518 5519 5520 5521 5522 H. B. No. 110 Page 178 As Introduced (B)(1) As used in this division: 5523 (a) "Chartered nonpublic school" has the same meaning as in section 3310.01 of the Revised Code. 5524 5525 (b) "Emergency medical service organization" has the same meaning as in section 4765.01 of the Revised Code. 5526 5527 (c) "Governmental agency" means a political subdivision or special district in this state or any other state established by or under law, or any combination of these entities; the United States or any department, division, or agency of the United States; one or more other states or groups of states; other purchasing consortia; and any agency, commission, or authority established under an interstate compact or agreement. 5528 5529 5530 5531 5532 5533 5534 (d) "Political subdivision" means any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, or port authority. "Political subdivision" also includes any other political subdivision described in the Revised Code that has been approved by the department of administrative services to participate in the department's contracts under this division. 5535 5536 5537 5538 5539 5540 5541 5542 5543 (e) "Private fire company" has the same meaning as in section 9.60 of the Revised Code. 5544 5545 (f) "State institution of higher education" has the meaning defined in section 3345.011 of the Revised Code. 5546 5547 (2) Subject to division (C) of this section, the department of administrative services may permit a state institution of higher education, governmental agency, political subdivision, county board of elections, private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school to participate in contracts into which the 5548 5549 5550 5551 5552 5553 H. B. No. 110 Page 179 As Introduced department has entered for the purchase of supplies and services. The department may charge the entity a reasonable fee to cover the administrative costs the department incurs as a result of participation by the entity in such a purchase contract. 5554 5555 5556 5557 A political subdivision desiring to participate in such purchase contracts shall file with the department a certified copy of an ordinance or resolution of the legislative authority or governing board of the political subdivision. The resolution or ordinance shall request that the political subdivision be authorized to participate in such contracts and shall agree that the political subdivision will be bound by such terms and conditions as the department prescribes and that it will directly pay the vendor under each purchase contract. A board of elections desiring to participate in such purchase contracts shall file with the purchasing authority a written request for inclusion in the program. A private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school desiring to participate in such purchase contracts shall file with the department a written request for inclusion in the program signed by the chief officer of the company, organization, or chartered nonpublic school. A governmental agency desiring to participate in such purchase contracts shall file with the department a written request for inclusion in the program. A state institution of higher education desiring to participate in such purchase contracts shall file with the department a certified copy of resolution of the board of trustees or similar authorizing body. The resolution shall request that the state institution of higher education be authorized to participate in such contracts. 5558 5559 5560 5561 5562 5563 5564 5565 5566 5567 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581 A request for inclusion shall include an agreement to be bound by such terms and conditions as the department prescribes and to make direct payments to the vendor under each purchase contract. 5582 5583 5584 5585 H. B. No. 110 Page 180 As Introduced (3) The board of elections of a county that is authorized to participate in contracts under division (B)(2) of this section may participate in contracts under that division under the same terms and conditions that apply to the county. 5586 5587 5588 5589 (4) The department shall include in its annual report, an estimate of the purchases made by state institutions of higher education, governmental agencies, political subdivisions, county boards of elections, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools from contracts pursuant to this division. The department may require such entities to file a report with the department, as often as it finds necessary, stating how many such contracts the entities participated in within a specified period of time, and any other information the department requires. 5590 5591 5592 5593 5594 5595 5596 5597 5598 5599 (3)(5) Purchases made by a political subdivision or a county board of elections under this division are exempt from any competitive selection procedures otherwise required by law. No political subdivision shall make any purchase under this division when bids have been received for such purchase by the subdivision, unless such purchase can be made upon the same terms, conditions, and specifications at a lower price under this division (B)(2) of this section. 5600 5601 5602 5603 5604 5605 5606 5607 (C) A political subdivision as defined in division (B) of this section or a county board of elections may purchase supplies or services from another party, including a political subdivision, instead of through participation in contracts described in division (B) of this section if the political subdivision or county board of elections can purchase those supplies or services from the other party upon equivalent terms, conditions, and specifications but at a lower price than it can through those contracts. Purchases that a political subdivision or county board of elections makes under this division are exempt from any 5608 5609 5610 5611 5612 5613 5614 5615 5616 5617 H. B. No. 110 Page 181 As Introduced competitive selection procedures otherwise required by law. A political subdivision or county board of elections that makes any purchase under this division shall maintain sufficient information regarding the purchase to verify that the political subdivision or county board of elections satisfied the conditions for making a purchase under this division. Nothing in this division restricts any action taken by a county or township as authorized by division (B)(1) of section 9.48 of the Revised Code. 5618 5619 5620 5621 5622 5623 5624 5625 (D) This section does not apply to supplies or services purchased by a state agency directly as provided in section 125.05 of the Revised Code, or to purchases of supplies or services for the emergency management agency or other state agencies as provided in section 125.061 of the Revised Code. 5626 5627 5628 5629 5630 Sec. 125.08. (A) Any person who is certified by the equal employment opportunity coordinator of the department director of administrative servicesdevelopment in accordance with the rules adopted under division (B)(1) of section 123.151122.921 of the Revised Code as a minority business enterprise may have that person's name placed on a special minority business enterprise notification list to be used in connection with contracts awarded under section 125.081 of the Revised Code. The minority business enterprise notification list shall be used for bidding on contracts set aside for minority business enterprises only. 5631 5632 5633 5634 5635 5636 5637 5638 5639 5640 Sec. 125.081. (A) From the purchases that the department of administrative services is required by law to make through competitive selection, the director of administrative services shall select a number of such purchases, the aggregate value of which equals approximately fifteen per cent of the estimated total value of all such purchases to be made in the current fiscal year. The director shall set aside the purchases selected for competition only by minority business enterprises, as defined in 5641 5642 5643 5644 5645 5646 5647 5648 H. B. No. 110 Page 182 As Introduced division (E)(1) of section 122.71 of the Revised Code. The competitive selection procedures for such purchases set aside shall be the same as for all other purchases the department is required to make through competitive selection, except that only minority business enterprises certified by the equal employment opportunity coordinator of the department director of administrative services development in accordance with the rules adopted under division (B)(1) of section 123.151122.921 of the Revised Code and listed by the director under section 125.08 of the Revised Code shall be qualified to compete. 5649 5650 5651 5652 5653 5654 5655 5656 5657 5658 (B) To the extent that any agency of the state, other than the department of administrative services, the legislative and judicial branches, boards of elections, and the adjutant general, is authorized to make purchases, the agency shall set aside a number of purchases, the aggregate value of which equals approximately fifteen per cent of the aggregate value of such purchases for the current fiscal year for competition by minority business enterprises only. The procedures for such purchases shall be the same as for all other such purchases made by the agency, except that only minority business enterprises certified by the equal employment opportunity coordinator director of development in accordance with rules adopted under division (B)(1) of section 123.151 of the Revised Code shall be qualified to compete. 5659 5660 5661 5662 5663 5664 5665 5666 5667 5668 5669 5670 5671 (C) In the case of purchases set aside under division (A) or (B) of this section, if no bid is submitted by a minority business enterprise, the purchase shall be made according to usual procedures. The contracting agency shall from time to time set aside such additional purchases for which only minority business enterprises may compete, as are necessary to replace those purchases previously set aside for which no minority business enterprises bid and to ensure that, in any fiscal year, the aggregate amount of contracts awarded to minority business 5672 5673 5674 5675 5676 5677 5678 5679 5680 H. B. No. 110 Page 183 As Introduced enterprises will equal approximately fifteen per cent of the total amount of contracts awarded by the agency. 5681 5682 (D) The provisions of this section shall not preclude any minority business enterprise from competing for any other state purchases that are not specifically set aside for minority business enterprises. 5683 5684 5685 5686 (E) No funds of any state agency shall be expended in any fiscal year for any purchase for which competitive selection is required, until the director of the department of administrative services certifies to the equal employment opportunity coordinator, the clerk of the senate, and the clerk of the house of representatives of the general assembly that approximately fifteen per cent of the aggregate amount of the projected expenditure for such purchases in the fiscal year has been set aside as provided for in this section. 5687 5688 5689 5690 5691 5692 5693 5694 5695 (F) Any person who intentionally misrepresents self as owning, controlling, operating, or participating in a minority business enterprise for the purpose of obtaining contracts, subcontracts, or any other benefits under this section shall be guilty of theft by deception as provided for in section 2913.02 of the Revised Code. 5696 5697 5698 5699 5700 5701 Sec. 125.09. (A) Pursuant to section sections 125.07, 125.071, and 125.072 of the Revised Code, the department of administrative services may prescribe such conditions under which competitive sealed bids, competitive sealed proposals, and bids in reverse auctions will be received and terms of the proposed purchase as it considers necessary; provided, that all such conditions and terms shall be reasonable and shall not unreasonably restrict competition, and bidders may bid and offerors may propose upon all or any item of the products, supplies, or services listed in such notice. Those bidders and 5702 5703 5704 5705 5706 5707 5708 5709 5710 5711 H. B. No. 110 Page 184 As Introduced offerors claiming the preference for United States and Ohio products outlined in this chapter shall designate in their bids bid or offer either that the product to be supplied or supply is produced or mined in the United States and is either an Ohio product or that the product, supply, or service is provided by a bidder or offeror that qualifies as having a significant Ohio economic presence under the rules established by the director of administrative services they qualify as having a significant Ohio economic presence. 5712 5713 5714 5715 5716 5717 5718 5719 5720 (B) The department may require that each bidder or offeror provide sufficient information about the energy efficiency or energy usage of the bidder's or offeror's product, supply, or service. 5721 5722 5723 5724 (C) The director of administrative services shall, by rule adopted pursuant to Chapter 119. of the Revised Code, prescribe criteria and procedures for use by all state agencies in giving preference to United States and Ohio products under this section as required by division (B) of section 125.11 of the Revised Code. The rules shall extend to: 5725 5726 5727 5728 5729 5730 (1) Criteria for determining that a product is produced or mined in the United States rather than in another country or territory; 5731 5732 5733 (2) Criteria for determining that a product is produced or mined in Ohio; 5734 5735 (3) Information to be submitted by bidders or offerors as to the nature of a product and the location where it is produced or mined; 5736 5737 5738 (4) Criteria and procedures to be used by the director to qualify bidders or offerors located in states bordering Ohio who might otherwise be excluded from being awarded a contract by operation of this section and section 125.11 of the Revised Code. 5739 5740 5741 5742 H. B. No. 110 Page 185 As Introduced The criteria and procedures shall recognize the level and regularity of interstate commerce between Ohio and the border states and provide that the non-Ohio businesses may qualify for award of a contract as long as they are located in a state that imposes no greater restrictions than are contained in this section and section 125.11 of the Revised Code upon persons located in Ohio selling products or services to agencies of that state. The criteria and procedures shall also provide that a non-Ohio business shall not bid on a contract for state printing in this state if the business is located in a state that excludes Ohio businesses from bidding on state printing contracts in that state. 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 (5) Criteria and procedures to be used to qualify bidders and offerors whose manufactured products, except for mined products, are produced in other states or in North America, but the bidders or offerors have a significant Ohio economic presence in terms of the number of employees or capital investment a bidder or offeror has in this state. Bidders and offerors with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in this state or as if the bidder or offeror was domiciled in this state. 5754 5755 5756 5757 5758 5759 5760 5761 5762 (6) Criteria and procedures for the director to grant waivers of the requirements of division (B) of section 125.11 of the Revised Code on a contract-by-contract basis where compliance with those requirements would result in the state agency paying an excessive price for the product or acquiring a disproportionately inferior product; 5763 5764 5765 5766 5767 5768 (7) Such other requirements or procedures reasonably necessary to implement the system of preferences established pursuant to division (B) of section 125.11 of the Revised Code. 5769 5770 5771 In adopting the rules required under this division, the director shall, to the maximum extent possible, conform to the requirements of the federal "Buy America Act," 47 Stat. 1520, 5772 5773 5774 H. B. No. 110 Page 186 As Introduced (1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations adopted thereunder. 5775 5776 Sec. 125.14. (A) The director of administrative services shall allocate any proceeds from the transfer, sale, or lease of excess and surplus supplies in the following manner: 5777 5778 5779 (1) Except as otherwise provided in division (A)(2) or (3) of this section, the proceeds of such a transfer, sale, or lease shall be paid into the state treasury to the credit of the investment recovery fund, which is hereby created. 5780 5781 5782 5783 (2) Except as otherwise provided in division (A)(2) of this section, when supplies originally were purchased with funds from nongeneral revenue fund sources, the director shall determine what fund or account originally was used to purchase the supplies, and the credit for the proceeds from any transfer, sale, or lease of those supplies shall be transferred to that fund or account. If the director cannot determine which fund or account originally was used to purchase the supplies, if the fund or account is no longer active, or if the proceeds from the transfer, sale, or lease of a unit of supplies are less than one hundred dollars or any larger amount the director may establish with the approval of the director of budget and management, then the proceeds from the transfer, sale, or lease of such supplies shall be paid into the state treasury to the credit of the investment recovery fund. 5784 5785 5786 5787 5788 5789 5790 5791 5792 5793 5794 5795 5796 5797 (3) In accordance with division (H)(2) of section 125.832 of the Revised Code, when vehicles originally were purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury to the credit of either the fleet management fund created by section 125.83 of the Revised Code or to the credit of the investment recovery fund created by this section. Any such proceeds deposited into the state treasury to the credit of the 5798 5799 5800 5801 5802 5803 5804 5805 H. B. No. 110 Page 187 As Introduced investment recovery fund may be transferred from the investment recovery fund to the fleet management fund. 5806 5807 (B) The investment recovery fund shall be used to pay for the operating expenses of the state surplus property program and of the federal surplus property program described in sections 125.84 to 125.90 of the Revised Code. Any amounts in excess of these operating expenses shall periodically be transferred to the general revenue fund of the state. If proceeds paid into the investment recovery fund are insufficient to pay for the program's operating expenses, a service fee may be charged to state agencies to eliminate the deficit. 5808 5809 5810 5811 5812 5813 5814 5815 5816 (C) Proceeds from the sale of recyclable goods and materials shall be paid into the state treasury to the credit of the recycled materials fund, which is hereby created, except that the director of environmental protection, upon request, may grant an exemption from this requirement. The director shall administer the fund for the benefit of recycling programs in state agencies. 5817 5818 5819 5820 5821 5822 Sec. 125.18. (A) There is hereby established the office of information technology within the department of administrative services. The office shall be under the supervision of a state chief information officer to be appointed by the director of administrative services and subject to removal at the pleasure of the director. The chief information officer is an assistant director of administrative services. 5823 5824 5825 5826 5827 5828 5829 (B) Under the direction of the director of administrative services, the state chief information officer shall lead, oversee, and direct state agency activities related to information technology development and use. In that regard, the state chief information officer shall do all of the following: 5830 5831 5832 5833 5834 (1) Coordinate and superintend statewide efforts to promote common use and development of technology by state agencies. The 5835 5836 H. B. No. 110 Page 188 As Introduced office of information technology shall establish policies and standards that govern and direct state agency participation in statewide programs and initiatives. 5837 5838 5839 (2) Coordinate with the office of procurement services to establish policies and standards for state agency acquisition of information technology supplies and services; 5840 5841 5842 (3) Establish policies and standards for the acquisition and use of common information technology by state agencies, including, but not limited to, hardware, software, technology services, and security, and the extension of the service life of information technology systems, with which state agencies shall comply; 5843 5844 5845 5846 5847 (3)(4) Establish criteria and review processes to identify state agency information technology projects or purchases that require alignment or oversight. As appropriate, the department of administrative services shall provide the governor and the director of budget and management with notice and advice regarding the appropriate allocation of resources for those projects. The state chief information officer may require state agencies to provide, and may prescribe the form and manner by which they must provide, information to fulfill the state chief information officer's alignment and oversight role; 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 (4)(5) Establish policies and procedures for the security of personal information that is maintained and destroyed by state agencies; 5858 5859 5860 (5)(6) Employ a chief information security officer who is responsible for the implementation of the policies and procedures described in division (B)(4) (B)(5) of this section and for coordinating the implementation of those policies and procedures in all of the state agencies; 5861 5862 5863 5864 5865 (6)(7) Employ a chief privacy officer who is responsible for advising state agencies when establishing policies and procedures 5866 5867 H. B. No. 110 Page 189 As Introduced for the security of personal information and developing education and training programs regarding the state's security procedures; 5868 5869 (7)(8) Establish policies on the purchasing, use, and reimbursement for use of handheld computing and telecommunications devices by state agency employees; 5870 5871 5872 (8)(9) Establish policies for the reduction of printing and for the increased use of electronic records by state agencies; 5873 5874 (9)(10) Establish policies for the reduction of energy consumption by state agencies; 5875 5876 (10)(11) Compute the amount of revenue attributable to the amortization of all equipment purchases and capitalized systems from information technology service delivery and major information technology purchases, MARCS administration, enterprise applications, and the professions licensing system operating appropriation items and major computer purchases capital appropriation items that is recovered as part of the information technology services rates the department of administrative services charges and deposits into the information technology fund created in section 125.15 of the Revised Code, the user fees the department of administrative services charges and deposits in the MARCS administration fund created in section 4501.29 of the Revised Code, the rates the department of administrative services charges to benefiting agencies for the operation and management of information technology applications and deposits in the enterprise applications fund, and the rates the department of administrative services charges for the cost of ongoing maintenance of the professions licensing system and deposits in the professions licensing system fund. The enterprise applications fund is hereby created in the state treasury. 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890 5891 5892 5893 5894 5895 5896 (11)(12) Regularly review and make recommendations regarding improving the infrastructure of the state's cybersecurity 5897 5898 H. B. No. 110 Page 190 As Introduced operations with existing resources and through partnerships between government, business, and institutions of higher education; 5899 5900 5901 (12)(13) Assist, as needed, with general state efforts to grow the cybersecurity industry in this state. 5902 5903 (C)(1) The chief information security officer shall assist each state agency with the development of an information technology security strategic plan and review that plan, and each state agency shall submit that plan to the state chief information officer. The chief information security officer may require that each state agency update its information technology security strategic plan annually as determined by the state chief information officer. 5904 5905 5906 5907 5908 5909 5910 5911 (2) Prior to the implementation of any information technology data system, a state agency shall prepare or have prepared a privacy impact statement for that system. 5912 5913 5914 (D) When a state agency requests a purchase of information technology supplies or services under Chapter 125. of the Revised Code, the state chief information officer may review and reject the requested purchase for noncompliance with information technology direction, plans, policies, standards, or project-alignment criteria. 5915 5916 5917 5918 5919 5920 (E) The office of information technology may operate technology services for state agencies in accordance with this chapter. 5921 5922 5923 Notwithstanding any provision of the Revised Code to the contrary, the office of information technology may assess a transaction fee on each license or registration issued as part of an electronic licensing system operated by the office in an amount determined by the office not to exceed three dollars and fifty cents. The transaction fee shall apply to all transactions, 5924 5925 5926 5927 5928 5929 H. B. No. 110 Page 191 As Introduced regardless of form, that immediately precede the issuance, renewal, reinstatement, reactivation of, or other activity that results in, a license or registration to operate as a regulated professional or entity. Each license or registration is a separate transaction to which a fee under this division applies. Notwithstanding any provision of the Revised Code to the contrary, if a fee is assessed under this section, no agency, board, or commission shall issue a license or registration unless a fee required by this division has been received. The director of administrative services may collect the fee or require a state agency, board, or commission for which the system is being operated to collect the fee. Amounts received under this division shall be deposited in or transferred to the professions licensing system fund created in division (I) (H) of this section. 5930 5931 5932 5933 5934 5935 5936 5937 5938 5939 5940 5941 5942 5943 (F) With the approval of the director of administrative services, the office of information technology may establish cooperative agreements with federal and local government agencies and state agencies that are not under the authority of the governor for the provision of technology services and the development of technology projects. 5944 5945 5946 5947 5948 5949 (G) The office of information technology may operate a program to make information technology purchases. The director of administrative services may recover the cost of operating the program from all participating government entities by issuing intrastate transfer voucher billings for the procured technology or through any pass-through billing method agreed to by the director of administrative services, the director of budget and management, and the participating government entities that will receive the procured technology. 5950 5951 5952 5953 5954 5955 5956 5957 5958 If the director of administrative services chooses to recover the program costs through intrastate transfer voucher billings, the participating government entities shall process the intrastate 5959 5960 5961 H. B. No. 110 Page 192 As Introduced transfer vouchers to pay for the cost. Amounts received under this section for the information technology purchase program shall be deposited to the credit of the information technology governance fund created in section 125.15 of the Revised Code. 5962 5963 5964 5965 (H) Upon request from the director of administrative services, the director of budget and management may transfer cash from the information technology fund created in section 125.15 of the Revised Code, the MARCS administration fund created in section 4501.29 of the Revised Code, the enterprise applications fund created in division (B)(10) (B)(11) of this section, or the professions licensing system fund created in division (I) of this section to the major information technology purchases fund in an amount not to exceed the amount computed under division (B)(10) (B)(11) of this section. The major information technology purchases fund is hereby created in the state treasury. 5966 5967 5968 5969 5970 5971 5972 5973 5974 5975 5976 (I) There is hereby created in the state treasury the professions licensing system fund. The fund shall be used to operate the electronic licensing system referenced in division (E) of this section. 5977 5978 5979 5980 (J) As used in this section: 5981 (1) "Personal information" has the same meaning as in section 149.45 of the Revised Code. 5982 5983 (2) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, other than any state-supported institution of higher education, the office of the auditor of state, treasurer of state, secretary of state, or attorney general, the adjutant general's department, the bureau of workers' compensation, the industrial commission, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement 5984 5985 5986 5987 5988 5989 5990 5991 5992 H. B. No. 110 Page 193 As Introduced system, the state highway patrol retirement system, the general assembly or any legislative agency, the capitol square review advisory board, or the courts or any judicial agency. 5993 5994 5995 Sec. 125.65. (A) As used in this section, "small business" has the same meaning as in section 107.63 of the Revised Code. 5996 5997 (B) The LeanOhio office in the department of administrative services shall establish and operate an entrepreneur in residence pilot program. The mission of the entrepreneur in residence pilot program is to provide for better outreach by state government to small businesses, to strengthen coordination and interaction between state government and small businesses, and to make state government programs and functions simpler, easier to access, more efficient, and more responsive to the needs of small businesses. 5998 5999 6000 6001 6002 6003 6004 6005 (C) Not later than the first day of the seventh month after the effective date of this section March 3, 2015, the LeanOhio office shall appoint not more than five entrepreneurs in residence from among individuals who are successful in their fields and shall make reasonable efforts to market the entrepreneur in residence program across the state and attract participation from entrepreneurs with various backgrounds, including female entrepreneurs, minority business enterprises as defined in section 122.71 of the Revised Code, and owners of EDGE business enterprises as defined in section 123.152122.922 of the Revised Code. The LeanOhio office may give preference to individuals who have achieved quantifiable improvements using LeanOhio tools and strategies such as lean six sigma and individuals who have achieved a black belt or master black belt certification from the LeanOhio office or an equivalent certification from a private sector office or entity. 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 The appointment of an entrepreneur in residence is for one year. 6022 6023 H. B. No. 110 Page 194 As Introduced The office shall monitor the work of entrepreneurs in residence during the pilot program. 6024 6025 An entrepreneur in residence serves at the pleasure of the LeanOhio office, and the office may discharge without cause an entrepreneur in residence. 6026 6027 6028 (D) The duties of an entrepreneur in residence may include any or all of the following: 6029 6030 (1) Assisting the LeanOhio office in facilitating and developing the scope of lean process improvement events throughout state government; 6031 6032 6033 (2) Assisting the LeanOhio office in holding follow-up meetings to ensure the improvements developed at lean process improvement events are implemented; 6034 6035 6036 (3) Participating in strategic planning efforts for the LeanOhio office or other areas of state government; 6037 6038 (4) Assisting the LeanOhio office with presentations on opportunities for state government to become more efficient and effective; 6039 6040 6041 (5) Facilitating meetings with businesses, state agencies, and local governments that may be affected by process improvements recommended by the LeanOhio office; 6042 6043 6044 (6) Assisting the LeanOhio office in providing continuous improvement training to state employees. 6045 6046 (E) An entrepreneur in residence shall report directly to the LeanOhio office. 6047 6048 An entrepreneur in residence is not entitled to compensation or any reimbursement from the LeanOhio office for expenses the entrepreneur in residence incurs in discharge of the entrepreneur in residence's duties. 6049 6050 6051 6052 (F)(1) Not later than the date that is one year after an 6053 H. B. No. 110 Page 195 As Introduced entrepreneur in residence was appointed, the entrepreneur in residence shall prepare a report about the entrepreneur's experiences in the program. In the report, the entrepreneur in residence shall make recommendations to the LeanOhio office that further the mission of the entrepreneur in residence program. In particular, the entrepreneur in residence shall make recommendations regarding all of the following: 6054 6055 6056 6057 6058 6059 6060 (a) Elimination of inefficient or duplicative programs or functions of state government that affect small businesses; 6061 6062 (b) Methods of improving the efficiency of the programs or functions of state government that affect small businesses; 6063 6064 (c) Any new program or function affecting small businesses that should be established and implemented by state government; 6065 6066 (d) Any other matter that will further the mission of the entrepreneur in residence pilot program. 6067 6068 The entrepreneur in residence shall provide a copy of the report to the LeanOhio office. 6069 6070 (2) During or upon conclusion of the entrepreneur in residence pilot program, the LeanOhio office may convene an informal working group of entrepreneurs in residence to discuss best practices, experiences, and opportunities for and obstacles to operating small businesses as well as the recommendations in the reports prepared by the entrepreneurs in residence. 6071 6072 6073 6074 6075 6076 (G) Upon conclusion of the entrepreneur in residence pilot program, and after considering the reports of the entrepreneurs in residence and information learned from any informal working group, the LeanOhio office shall prepare a report on the entrepreneur in residence pilot program. In the report, the office shall recommend whether the entrepreneur in residence pilot program should be repeated with or without modifications, made permanent with or without modifications, or abandoned. The office shall append the 6077 6078 6079 6080 6081 6082 6083 6084 H. B. No. 110 Page 196 As Introduced reports of the entrepreneurs in residence to its report. If the pilot program is repeated or made permanent, an individual who previously was assigned as an entrepreneur in residence shall not be reassigned as an entrepreneur in residence. 6085 6086 6087 6088 The LeanOhio office shall provide a copy of its report to the common sense initiative office. The common sense initiative office promptly shall transmit a copy of the report to the officials designated in the last paragraph of section 107.55 of the Revised Code. 6089 6090 6091 6092 6093 Sec. 125.832. (A) The department of administrative services is granted exclusive authority over the acquisition and management of all motor vehicles used by state agencies. In carrying out this authority, the department shall do both of the following: 6094 6095 6096 6097 (1) Approve the purchase or lease of each motor vehicle for use by a state agency. The department shall decide if a motor vehicle shall be leased or purchased for that use. 6098 6099 6100 Except as otherwise provided in division (A)(1) of this section, on and after July 1, 2005, each state agency shall acquire all passenger motor vehicles under the department's master leasing program. If the department determines that acquisition under that program is not the most economical method and if the department and the state agency acquiring the passenger motor vehicle can provide economic justification for doing so, the department may approve the purchase, rather than the lease, of a passenger motor vehicle for the acquiring state agency. 6101 6102 6103 6104 6105 6106 6107 6108 6109 (2) Direct and approve all funds that are expended for the purchase, lease, repair, maintenance, registration, insuring, and other costs related to the possession and operation of motor vehicles for the use of state agencies. 6110 6111 6112 6113 (B) The director of administrative services shall establish 6114 H. B. No. 110 Page 197 As Introduced and operate a fleet management program. The director shall operate the program for purposes including, but not limited to, cost-effective acquisition, maintenance, management, analysis, and disposal of all motor vehicles owned or leased by the state. All state agencies shall comply with statewide fleet management policies and procedures established by the director for the program, including, but not limited to, motor vehicle assignments, additions of motor vehicles to fleets or motor vehicle replacements, motor vehicle fueling, and motor vehicle repairs. 6115 6116 6117 6118 6119 6120 6121 6122 6123 (C) The director shall establish and maintain a fleet reporting system and shall require state agencies to submit to the department information relative to state motor vehicles, including motor vehicles described in division (G)(2) of section 125.831 of the Revised Code, to be used in operating the fleet management program. State agencies shall provide to the department fleet data and other information, including, but not limited to, mileage and costs. The data and other information shall be submitted in formats and in a manner determined by the department. 6124 6125 6126 6127 6128 6129 6130 6131 6132 (D) All state agency purchases or leases of motor vehicles are subject to the prior approval of the director under division (A)(1) of this section. 6133 6134 6135 (E) State agencies that utilize state motor vehicles or pay mileage reimbursements to employees shall provide a fleet plan to the department as directed by the department. 6136 6137 6138 (F)(1) The fleets of state agencies that consist of one hundred or less vehicles on July 1, 2004, shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section. 6139 6140 6141 6142 6143 (2) The fleets of state agencies that consist of greater than one hundred motor vehicles, but less than five hundred motor 6144 6145 H. B. No. 110 Page 198 As Introduced vehicles, on July 1, 2005, also shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section. 6146 6147 6148 6149 (G)(1) The department may delegate any or all of its duties regarding fleet management to a state agency, if the state agency demonstrates to the satisfaction of the department both of the following: 6150 6151 6152 6153 (a) Capabilities to institute and manage a fleet management program, including, but not limited to, the presence of a certified fleet manager; 6154 6155 6156 (b) Fleet management performance, as demonstrated by fleet data and other information submitted pursuant to annual reporting requirements and any other criteria the department considers necessary in evaluating the performance. 6157 6158 6159 6160 (2) The department may determine that a state agency is not in compliance with this section and direct that the agency's fleet management duties be transferred to the department. 6161 6162 6163 (H) The proceeds derived from the disposition of any motor vehicles under this section shall be paid to whichever of the following applies: 6164 6165 6166 (1) The fund that originally provided moneys for the purchase or lease of the motor vehicles; 6167 6168 (2) If the motor vehicles were originally purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury to the credit of either the fleet management fund created by section 125.83 of the Revised Code or the investment recovery fund created by section 125.14 of the Revised Code. Any such proceeds deposited into the state treasury to the credit of the investment recovery fund may be transferred from the investment 6169 6170 6171 6172 6173 6174 6175 6176 H. B. No. 110 Page 199 As Introduced recovery fund to the fleet management fund. 6177 (I)(1) The department shall create and maintain a certified fleet manager program. 6178 6179 (2) State agencies that have received delegated authority as described in division (G) of this section shall have a certified fleet manager. 6180 6181 6182 (J) The department annually shall prepare and submit a statewide fleet report to the governor, the speaker of the house of representatives, and the president of the senate. The report shall be submitted not later than the thirty-first day of January following the end of each fiscal year. It may include, but is not limited to, the numbers and types of motor vehicles, their mileage, miles per gallon, and cost per mile, mileage reimbursements, accident and insurance data, and information regarding compliance by state agencies having delegated authority under division (G) of this section with applicable fleet management requirements. 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 6193 (K) The director shall adopt rules for implementing the fleet management program that are consistent with recognized best practices. The program shall be supported by reasonable fee charges for the services provided. The director shall collect these fees and deposit them into the state treasury to the credit for the fleet management fund created by section 125.83 of the Revised Code. The setting and collection of fees under this division is not subject to any restriction imposed by law upon the director's or the department's authority to set or collect fees. 6194 6195 6196 6197 6198 6199 6200 6201 6202 (L) The director also shall adopt rules that prohibit, except in very limited circumstances, the exclusive assignment of state-owned, leased, or pooled motor vehicles to state employees and that prohibit the reimbursement under section 126.31 of the Revised Code of state employees who use their own motor vehicles 6203 6204 6205 6206 6207 H. B. No. 110 Page 200 As Introduced for any mileage they incur above an amount that the department shall determine annually unless reimbursement for the excess mileage is approved by the department in accordance with standards for that approval the director shall establish in those rules. Beginning on September 26, 2003, no state-owned, leased, or pooled motor vehicle shall be personally assigned as any form of compensation or benefit of state employment, and no state-owned, leased, or pooled motor vehicle shall be assigned to an employee solely for commuting to and from home and work. 6208 6209 6210 6211 6212 6213 6214 6215 6216 (M) The director shall do both of the following: 6217 (1) Implement to the greatest extent possible the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" in connection with the authority granted to the department by this section; 6218 6219 6220 6221 (2) Attempt to reduce the number of passenger vehicles used by state agencies during the fiscal years ending on June 30, 2004, and June 30, 2005. 6222 6223 6224 (N) Each state agency shall reimburse the department for all costs incurred in the assignment of motor vehicles to the state agency. 6225 6226 6227 (O) The director shall do all of the following in managing the fleet management program: 6228 6229 (1) Determine how motor vehicles will be maintained, insured, operated, financed, and licensed; 6230 6231 (2) Pursuant to the formula in division (O)(3) of this section, annually establish the minimum number of business miles per year an employee of a state agency must drive in order to qualify for approval by the department to receive a motor vehicle for business use; 6232 6233 6234 6235 6236 (3) Establish the minimum number of business miles per year 6237 H. B. No. 110 Page 201 As Introduced at an amount that results when the annual motor vehicle cost is divided by the amount that is the reimbursement rate per mile minus the amount that is the sum of the fuel cost, the operating cost, and the insurance cost. As used in this division: 6238 6239 6240 6241 (a) "Annual motor vehicle cost" means the price of a motor vehicle divided by the number of years an average motor vehicle is used. 6242 6243 6244 (b) "Fuel cost" means the average price per gallon of motor fuel divided by the miles per gallon fuel efficiency of a motor vehicle. 6245 6246 6247 (c) "Insurance cost" means the cost of insuring a motor vehicle per year divided by the number of miles an average motor vehicle is driven per year. 6248 6249 6250 (d) "Operating cost" means the maintenance cost of a motor vehicle per year divided by the product resulting when the number of miles an average motor vehicle is driven per year is multiplied by the number of years an average motor vehicle is used. 6251 6252 6253 6254 (e) "Reimbursement rate per mile" means the reimbursement per mile rate for travel expenses as provided by rule of the director of budget and management adopted under division (B) of section 126.31 of the Revised Code. 6255 6256 6257 6258 Sec. 125.95. (A) There is hereby created within the department of administrative services the prescription drug transparency and affordability advisory council. The department shall provide administrative support to the advisory council as necessary for the advisory council to carry out its duties under this section. 6259 6260 6261 6262 6263 6264 (1) Members of the advisory council shall include the following: 6265 6266 (a) The director of administrative services, who shall serve 6267 H. B. No. 110 Page 202 As Introduced as the advisory council's chairperson; 6268 (b) The director of health; 6269 (c) The medicaid director; 6270 (d) The director of mental health and addiction services; 6271 (e) The administrator of workers' compensation. 6272 (2) Members of the advisory council shall also include individuals who are working to address prescription drug availability and affordability in any of the following areas: 6273 6274 6275 (a) Insurance; 6276 (b) Local, state, and federal government service; 6277 (c) Private industry; 6278 (d) Organizations of faith; 6279 (e) Health care providers; 6280 (f) Consumer organizations; 6281 (g) Prescription drug manufacturers; 6282 (h) Prescription drug wholesale distributors; 6283 (i) Pharmacists; 6284 (j) Business organizations; 6285 (k) Individuals concerned about mental health or substance abuse matters; 6286 6287 (l) Advocates for individuals struggling to afford prescription drugs. 6288 6289 The governor, the senate president, and the speaker of the house of representatives shall each appoint three members, each of whom represents at least one of the categories listed in divisions (A)(2)(a) to (l) of this section. 6290 6291 6292 6293 (B) Members shall serve without compensation. Initial 6294 H. B. No. 110 Page 203 As Introduced appointments shall be made not later than sixty days after the effective date of this section. Vacancies shall be filled in the manner provided for original appointments. 6295 6296 6297 (C) Not later than six months after the date of initial appointments under division (B) of this section, the advisory council shall submit a report to the governor, the general assembly, and the chairperson of the joint medicaid oversight committee in accordance with section 101.68 of the Revised Code. The report shall include recommendations on all of the following: 6298 6299 6300 6301 6302 6303 (1) How this state can best achieve prescription drug price transparency; 6304 6305 (2) New payment models or other avenues to create the most affordable environment for purchasing prescription drugs; 6306 6307 (3) Leveraging this state's purchasing power across all state agencies, boards, commissions, and similar entities; 6308 6309 (4) Creating efficiencies across different health care systems, such as hospitals, the criminal justice system, treatment and recovery support programs, and employer-sponsored health insurance, to reduce duplicative service delivery across these systems, ensure that patients receive high quality and affordable prescription drugs, and support quality care and outcomes; 6310 6311 6312 6313 6314 6315 (5) Which critical outcomes can be measured and used to improve this state's system of purchasing affordable prescribed drugs; 6316 6317 6318 (6) How federal, state, and local resources are being used to optimize these outcomes and identify where the resources can be better coordinated or redirected to meet the needs of consumers in this state. 6319 6320 6321 6322 (D) State agencies, boards, commissions, and similar entities shall cooperate with and provide assistance to the advisory 6323 6324 H. B. No. 110 Page 204 As Introduced council as necessary for the advisory council to carry out its duties under this section. 6325 6326 (E) Upon completion of the report described in division (C) of this section, the advisory council shall meet not less than quarterly at the call of its chairperson to provide assistance and guidance relating to the recommendations in the report. 6327 6328 6329 6330 Sec. 126.37. (A) The director of budget and management shall void any warrant the director draws on the state treasury pursuant to Chapter 5733. or 5747. of the Revised Code that is not presented for payment to the treasurer of state within two years after the date of issuance and shall void any other warrant the director draws on the state treasury that is not presented for payment to the treasurer of state within ninety days after the date of issuance. 6331 6332 6333 6334 6335 6336 6337 6338 (B) If a warrant voided pursuant to division (A) of this section was drawn against an appropriation of the current fiscal year and the holder of the voided warrant presents the warrant for reissuance, in the same fiscal year, to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against the same appropriation of the same fiscal year if the agency is satisfied that payment is proper. 6339 6340 6341 6342 6343 6344 6345 6346 (C) If a warrant was drawn against an appropriation of the first fiscal year of the fiscal biennium and voided pursuant to division (A) of this section in either fiscal year of the biennium and if the holder of the voided warrant presents the warrant for reissuance, in the second fiscal year of the biennium, to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against funds transferred to the agency by the director pursuant to section 6347 6348 6349 6350 6351 6352 6353 6354 6355 H. B. No. 110 Page 205 As Introduced 131.33 of the Revised Code, if the agency is satisfied that payment is proper. If no such funds are available for transfer, the agency shall prepare the voucher against any unexpended appropriations of the current fiscal year available to it. 6356 6357 6358 6359 (D) If a warrant was drawn against an appropriation and, during the same biennium, was voided pursuant to division (A) of this section, and if, after that biennium, the holder of the voided warrant presents the warrant for reissuance to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against any appropriation of the current fiscal year made to the agency if the agency is satisfied that payment is proper. 6360 6361 6362 6363 6364 6365 6366 6367 6368 (E) If a warrant voided pursuant to division (A) of this section was drawn against an appropriation of a previous fiscal year and voided after that fiscal biennium and if the holder of the voided warrant presents the warrant for reissuance to the state agency that made the payment originally, the agency shall forward the warrant to the director with a request for reissuance. The director shall make payment to the holder of the voided warrant, in the amount shown on the warrant that has been voided, against an appropriation of the current fiscal year made to the director for the reissuance of voided warrants, if the director is satisfied that reissuance of the warrant is proper. 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 Sec. 128.55. (A)(1) The tax commissioner, not later than the last day of each month, shall disburse moneys from the wireless 9-1-1 government assistance fund, plus any accrued interest on the fund, to each county treasurer. 6380 6381 6382 6383 (a) If there are sufficient funds in the wireless 9-1-1 government assistance fund, each county treasurer shall receive the same amount proportion distributed to that county by the 6384 6385 6386 H. B. No. 110 Page 206 As Introduced public utilities commission tax commissioner in the corresponding calendar month in 2013. 6387 6388 (b) If the funds available are insufficient to make the distributions as provided in division (A)(1)(a) of this section, each county's share shall be reduced in proportion to the amounts received in the corresponding calendar month in 2013, until the total amount to be distributed to the counties is equivalent to the amount available in the wireless 9-1-1 government assistance fund of the previous year. Any shortfall in distributions resulting from insufficient the timing of funds from received in a previous month shall be remedied distributed in the following month. 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 (2) The tax commissioner shall disburse moneys from the next generation 9-1-1 fund in accordance with the guidelines established under section 128.022 of the Revised Code. 6399 6400 6401 (B) Immediately upon receipt by a county treasurer of a disbursement under division (A) of this section, the county shall disburse, in accordance with the allocation formula set forth in the final plan, the amount the county so received to any other subdivisions in the county and any regional councils of governments in the county that pay the costs of a public safety answering point providing wireless enhanced 9-1-1 under the plan. 6402 6403 6404 6405 6406 6407 6408 (C) Nothing in this chapter affects the authority of a subdivision operating or served by a public safety answering point of a 9-1-1 system or a regional council of governments operating a public safety answering point of a 9-1-1 system to use, as provided in the final plan for the system or in an agreement under section 128.09 of the Revised Code, any other authorized revenue of the subdivision or the regional council of governments for the purposes of providing basic or enhanced 9-1-1. 6409 6410 6411 6412 6413 6414 6415 6416 Sec. 131.43. There is hereby created in the state treasury 6417 H. B. No. 110 Page 207 As Introduced the budget stabilization fund. All investment earnings of the fund shall be credited to the fund. It is the intent of the general assembly to maintain an amount of money in the budget stabilization fund that amounts to approximately eight and one-half per cent of the general revenue fund revenues for the preceding fiscal year. The governor shall include in the state budget the governor submits to the general assembly under section 107.03 of the Revised Code proposals for transfers between the general revenue fund and the budget stabilization fund for the ensuing fiscal biennium. The balance in the fund may be combined with the balance in the general revenue fund for purposes of cash management. 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation, except as provided in divisions (G) and (H) of this section and in division (D) of section 3313.372 of the Revised Code, or as prescribed in section 3318.052 or 3318.44 of the Revised Code, or as provided in division (J) of this section. 6430 6431 6432 6433 6434 6435 6436 (B) Except as provided in divisions (E), (F), and (I) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation. 6437 6438 6439 (C) A school district shall not submit to a vote of the electors the question of the issuance of securities in an amount that will make the district's net indebtedness after the issuance of the securities exceed an amount equal to four per cent of its tax valuation, unless the superintendent of public instruction, acting under policies adopted by the state board of education, and the tax commissioner, acting under written policies of the commissioner, consent to the submission. A request for the consents shall be made at least one hundred twenty days prior to 6440 6441 6442 6443 6444 6445 6446 6447 6448 H. B. No. 110 Page 208 As Introduced the election at which the question is to be submitted. 6449 The superintendent of public instruction shall certify to the district the superintendent's and the tax commissioner's decisions within thirty days after receipt of the request for consents. 6450 6451 6452 If the electors do not approve the issuance of securities at the election for which the superintendent of public instruction and tax commissioner consented to the submission of the question, the school district may submit the same question to the electors on the date that the next special election may be held under section 3501.01 of the Revised Code without submitting a new request for consent. If the school district seeks to submit the same question at any other subsequent election, the district shall first submit a new request for consent in accordance with this division. 6453 6454 6455 6456 6457 6458 6459 6460 6461 6462 (D) In calculating the net indebtedness of a school district, none of the following shall be considered: 6463 6464 (1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code; 6465 6466 6467 (2) Securities issued under division (F) of this section and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section; 6468 6469 6470 (3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district; 6471 6472 6473 6474 (4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code; 6475 6476 (5) Debt incurred under section 3313.374 of the Revised Code; 6477 (6) Debt incurred pursuant to division (B)(5) of section 6478 H. B. No. 110 Page 209 As Introduced 3313.37 of the Revised Code to acquire computers and related hardware; 6479 6480 (7) Debt incurred under section 3318.042 of the Revised Code; 6481 (8) Debt incurred under section 5705.2112 or 5705.2113 of the Revised Code by the fiscal board of a qualifying partnership of which the school district is a participating school district. 6482 6483 6484 (E) A school district may become a special needs district as to certain securities as provided in division (E) of this section. 6485 6486 (1) A board of education, by resolution, may declare its school district to be a special needs district by determining both of the following: 6487 6488 6489 (a) The student population is not being adequately serviced by the existing permanent improvements of the district. 6490 6491 (b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs. 6492 6493 6494 6495 (2) The board of education shall certify a copy of that resolution to the superintendent of public instruction with a statistical report showing all of the following: 6496 6497 6498 (a) The history of and a projection of the growth of the tax valuation; 6499 6500 (b) The projected needs; 6501 (c) The estimated cost of permanent improvements proposed to meet such projected needs. 6502 6503 (3) The superintendent of public instruction shall certify the district as an approved special needs district if the superintendent finds both of the following: 6504 6505 6506 (a) The district does not have available sufficient 6507 H. B. No. 110 Page 210 As Introduced additional funds from state or federal sources to meet the projected needs. 6508 6509 (b) The projection of the potential average growth of tax valuation during the next five years, according to the information certified to the superintendent and any other information the superintendent obtains, indicates a likelihood of potential average growth of tax valuation of the district during the next five years of an average of not less than one and one-half per cent per year. The findings and certification of the superintendent shall be conclusive. 6510 6511 6512 6513 6514 6515 6516 6517 (4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following: 6518 6519 6520 6521 (a) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities; 6522 6523 6524 6525 6526 6527 (b) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage, determined by the superintendent of public instruction, by which that tax valuation is projected to increase during the next ten years. 6528 6529 6530 6531 6532 (F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of its tax valuation, as provided in this division. 6533 6534 6535 6536 (1) A board of education, by resolution, may declare an emergency if it determines both of the following: 6537 6538 H. B. No. 110 Page 211 As Introduced (a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards. 6539 6540 6541 6542 6543 6544 6545 6546 (b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible. 6547 6548 (2) Upon the declaration of an emergency, the board of education may, by resolution, submit to the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the district, of permanent improvements to respond to the emergency need. 6549 6550 6551 6552 6553 6554 6555 (3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that: 6556 6557 (a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section; 6558 6559 6560 6561 6562 (b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least one hundred days prior to the election; 6563 6564 6565 6566 (c) The county auditor shall advise and, not later than ninety-five days before the election, confirm that advice by certification to, the board of education of the information 6567 6568 6569 H. B. No. 110 Page 212 As Introduced required by division (C) of section 133.18 of the Revised Code; 6570 (d) The board of education shall then certify its resolution and the information required by division (D) of section 133.18 of the Revised Code to the board of elections not less than ninety days prior to the election. 6571 6572 6573 6574 (4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division. 6575 6576 6577 6578 6579 (G)(1) The board of education may contract with an architect, professional engineer, or other person experienced in the design and implementation of energy conservation measures for an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, measurement and verification of energy savings, and debt service, forgone residual value of materials or equipment replaced by the energy conservation measure, as defined by the Ohio facilities construction commission, a baseline analysis of actual energy consumption data for the preceding three years with the utility baseline based on only the actual energy consumption data for the preceding twelve months, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the commission, would be reduced. 6580 6581 6582 6583 6584 6585 6586 6587 6588 6589 6590 6591 6592 6593 6594 6595 6596 6597 If the board finds after receiving the report that the amount of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and 6598 6599 6600 6601 H. B. No. 110 Page 213 As Introduced maintenance costs over the ensuing fifteen years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption. 6602 6603 6604 6605 6606 The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(1) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district. 6607 6608 6609 6610 6611 6612 No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the installations, modifications, or remodeling have been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code. 6613 6614 6615 6616 6617 6618 6619 No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district. 6620 6621 6622 6623 6624 6625 6626 (2) The board of education may contract with a person experienced in the implementation of student transportation to produce a report that includes an analysis of and recommendations for the use of alternative fuel vehicles by school districts. The report shall include cost estimates detailing the return on investment over the life of the alternative fuel vehicles and environmental impact of alternative fuel vehicles. The report also 6627 6628 6629 6630 6631 6632 6633 H. B. No. 110 Page 214 As Introduced shall include estimates of all costs associated with alternative fuel transportation, including facility modifications and vehicle purchase costs or conversion costs. 6634 6635 6636 If the board finds after receiving the report that the amount of money the district would spend on purchasing alternative fuel vehicles or vehicle conversion is not likely to exceed the amount of money it would save in fuel and resultant operational and maintenance costs over the ensuing five years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the purchase of new alternative fuel vehicles or vehicle conversions for the purpose of reducing fuel costs. 6637 6638 6639 6640 6641 6642 6643 6644 6645 The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(2) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district. 6646 6647 6648 6649 6650 6651 No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the purchase or conversion of alternative fuel vehicles has been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code. 6652 6653 6654 6655 6656 6657 6658 No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district. 6659 6660 6661 6662 6663 6664 6665 H. B. No. 110 Page 215 As Introduced (3) The facilities construction commission shall approve the board's request provided that the following conditions are satisfied: 6666 6667 6668 (a) The commission determines that the board's findings are reasonable. 6669 6670 (b) The request for approval is complete. 6671 (c) If the request was submitted under division (G)(1) of this section, the installations, modifications, or remodeling are consistent with any project to construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities under sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised Code. 6672 6673 6674 6675 6676 6677 Upon receipt of the commission's approval, the district may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose specified in division (G)(1) or (2) of this section, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the district's tax valuation. 6678 6679 6680 6681 6682 6683 6684 6685 6686 (4)(a) So long as any securities issued under division (G)(1) of this section remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to that division. Except as provided in division (G)(4)(b) of this section, the board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to 6687 6688 6689 6690 6691 6692 6693 6694 6695 6696 H. B. No. 110 Page 216 As Introduced such installations, modifications, or remodeling. The resultant operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission. 6697 6698 6699 6700 (b) If the facilities construction commission verifies that the certified annual reports submitted to the commission by a board of education under division (G)(4)(a) of this section fulfill the guarantee required under division (B) of section 3313.372 of the Revised Code for three consecutive years, the board of education shall no longer be subject to the annual reporting requirements of division (G)(4)(a) of this section. 6701 6702 6703 6704 6705 6706 6707 (5) So long as any securities issued under division (G)(2) of this section remain outstanding, the board of education shall monitor the purchase of new alternative fuel vehicles or vehicle conversions pursuant to that division. The board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the purchase of new alternative fuel vehicles or vehicle conversions, the associated environmental impact, and return on investment. The resultant fuel and operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission. 6708 6709 6710 6711 6712 6713 6714 6715 6716 6717 6718 (H) With the consent of the superintendent of public instruction, a school district may incur without a vote of the electors net indebtedness that exceeds the amounts stated in divisions (A) and (G) of this section for the purpose of paying costs of permanent improvements, if and to the extent that both of the following conditions are satisfied: 6719 6720 6721 6722 6723 6724 (1) The fiscal officer of the school district estimates that receipts of the school district from payments made under or pursuant to agreements entered into pursuant to section 725.02, 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.45, 6725 6726 6727 6728 H. B. No. 110 Page 217 As Introduced 5709.57, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised Code, or distributions under division (C) of section 5709.43 or division (B) of section 5709.47 of the Revised Code, or any combination thereof, are, after accounting for any appropriate coverage requirements, sufficient in time and amount, and are committed by the proceedings, to pay the debt charges on the securities issued to evidence that indebtedness and payable from those receipts, and the taxing authority of the district confirms the fiscal officer's estimate, which confirmation is approved by the superintendent of public instruction; 6729 6730 6731 6732 6733 6734 6735 6736 6737 6738 (2) The fiscal officer of the school district certifies, and the taxing authority of the district confirms, that the district, at the time of the certification and confirmation, reasonably expects to have sufficient revenue available for the purpose of operating such permanent improvements for their intended purpose upon acquisition or completion thereof, and the superintendent of public instruction approves the taxing authority's confirmation. 6739 6740 6741 6742 6743 6744 6745 The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or the maximum maturity calculated under section 133.20 of the Revised Code. 6746 6747 6748 (I) A school district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in excess of the limit specified in division (B) or (C) of this section when necessary to raise the school district portion of the basic project cost and any additional funds necessary to participate in a project under Chapter 3318. of the Revised Code, including the cost of items designated by the facilities construction commission as required locally funded initiatives, the cost of other locally funded initiatives in an amount that does not exceed fifty per cent of the district's portion of the basic project cost, and the cost for site acquisition. The commission A school district shall notify the superintendent of 6749 6750 6751 6752 6753 6754 6755 6756 6757 6758 6759 6760 H. B. No. 110 Page 218 As Introduced public instruction whenever a school that district will exceed either limit pursuant to this division. 6761 6762 (J) A school district whose portion of the basic project cost of its classroom facilities project under sections 3318.01 to 3318.20 of the Revised Code is greater than or equal to one hundred million dollars may incur without a vote of the electors net indebtedness in an amount up to two per cent of its tax valuation through the issuance of general obligation securities in order to generate all or part of the amount of its portion of the basic project cost if the controlling board has approved the facilities construction commission's conditional approval of the project under section 3318.04 of the Revised Code. The school district board and the Ohio facilities construction commission shall include the dedication of the proceeds of such securities in the agreement entered into under section 3318.08 of the Revised Code. No state moneys shall be released for a project to which this section applies until the proceeds of any bonds issued under this section that are dedicated for the payment of the school district portion of the project are first deposited into the school district's project construction fund. 6763 6764 6765 6766 6767 6768 6769 6770 6771 6772 6773 6774 6775 6776 6777 6778 6779 6780 Sec. 149.311. (A) As used in this section: 6781 (1) "Historic building" means a building, including its structural components, that is located in this state and that is either individually listed on the national register of historic places under 16 U.S.C. 470a, located in a registered historic district, and certified by the state historic preservation officer as being of historic significance to the district, or is individually listed as an historic landmark designated by a local government certified under 16 U.S.C. 470a(c). 6782 6783 6784 6785 6786 6787 6788 6789 (2) "Qualified rehabilitation expenditures" means expenditures paid or incurred during the rehabilitation period, 6790 6791 H. B. No. 110 Page 219 As Introduced and before and after that period as determined under 26 U.S.C. 47, by an owner or qualified lessee of an historic building to rehabilitate the building. "Qualified rehabilitation expenditures" includes architectural or engineering fees paid or incurred in connection with the rehabilitation, and expenses incurred in the preparation of nomination forms for listing on the national register of historic places. "Qualified rehabilitation expenditures" does not include any of the following: 6792 6793 6794 6795 6796 6797 6798 6799 (a) The cost of acquiring, expanding, or enlarging an historic building; 6800 6801 (b) Expenditures attributable to work done to facilities related to the building, such as parking lots, sidewalks, and landscaping; 6802 6803 6804 (c) New building construction costs. 6805 (3) "Owner" of an historic building means a person holding the fee simple interest in the building. "Owner" does not include the state or a state agency, or any political subdivision as defined in section 9.23 of the Revised Code. 6806 6807 6808 6809 (4) "Qualified lessee" means a person subject to a lease agreement for an historic building and eligible for the federal rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" does not include the state or a state agency or political subdivision as defined in section 9.23 of the Revised Code. 6810 6811 6812 6813 6814 (5) "Certificate owner" means the owner or qualified lessee of an historic building to which a rehabilitation tax credit certificate was issued under this section. 6815 6816 6817 (6) "Registered historic district" means an historic district listed in the national register of historic places under 16 U.S.C. 470a, an historic district designated by a local government certified under 16 U.S.C. 470a(c), or a local historic district certified under 36 C.F.R. 67.8 and 67.9. 6818 6819 6820 6821 6822 H. B. No. 110 Page 220 As Introduced (7) "Rehabilitation" means the process of repairing or altering an historic building or buildings, making possible an efficient use while preserving those portions and features of the building and its site and environment that are significant to its historic, architectural, and cultural values. 6823 6824 6825 6826 6827 (8) "Rehabilitation period" means one of the following: 6828 (a) If the rehabilitation initially was not planned to be completed in stages, a period chosen by the owner or qualified lessee not to exceed twenty-four months during which rehabilitation occurs; 6829 6830 6831 6832 (b) If the rehabilitation initially was planned to be completed in stages, a period chosen by the owner or qualified lessee not to exceed sixty months during which rehabilitation occurs. Each stage shall be reviewed as a phase of a rehabilitation as determined under 26 C.F.R. 1.48-12 or a successor to that section. 6833 6834 6835 6836 6837 6838 (9) "State historic preservation officer" or "officer" means the state historic preservation officer appointed by the governor under 16 U.S.C. 470a. 6839 6840 6841 (10) "Catalytic project" means the rehabilitation of an historic building, the rehabilitation of which will foster economic development within two thousand five hundred feet of the historic building. 6842 6843 6844 6845 (B) The owner or qualified lessee of an historic building may apply to the director of development services for a rehabilitation tax credit certificate for qualified rehabilitation expenditures paid or incurred by such owner or qualified lessee after April 4, 2007, for rehabilitation of an historic building. If the owner of an historic building enters a pass-through agreement with a qualified lessee for the purposes of the federal rehabilitation tax credit under 26 U.S.C. 47, the qualified rehabilitation 6846 6847 6848 6849 6850 6851 6852 6853 H. B. No. 110 Page 221 As Introduced expenditures paid or incurred by the owner after April 4, 2007, may be attributed to the qualified lessee. 6854 6855 The form and manner of filing such applications shall be prescribed by rule of the director. Each application shall state the amount of qualified rehabilitation expenditures the applicant estimates will be paid or incurred. The director may require applicants to furnish documentation of such estimates. 6856 6857 6858 6859 6860 The director, after consultation with the tax commissioner and in accordance with Chapter 119. of the Revised Code, shall adopt rules that establish all of the following: 6861 6862 6863 (1) Forms and procedures by which applicants may apply for rehabilitation tax credit certificates; 6864 6865 (2) Criteria for reviewing, evaluating, and approving applications for certificates within the limitations under division (D) of this section, criteria for assuring that the certificates issued encompass a mixture of high and low qualified rehabilitation expenditures, and criteria for issuing certificates under division (C)(3)(b) of this section; 6866 6867 6868 6869 6870 6871 (3) Eligibility requirements for obtaining a certificate under this section; 6872 6873 (4) The form of rehabilitation tax credit certificates; 6874 (5) Reporting requirements and monitoring procedures; 6875 (6) Procedures and criteria for conducting cost-benefit analyses of historic buildings that are the subjects of applications filed under this section. The purpose of a cost-benefit analysis shall be to determine whether rehabilitation of the historic building will result in a net revenue gain in state and local taxes once the building is used. 6876 6877 6878 6879 6880 6881 (7) Any other rules necessary to implement and administer this section. 6882 6883 H. B. No. 110 Page 222 As Introduced (C) The director of development services shall review the applications with the assistance of the state historic preservation officer and determine whether all of the following criteria are met: 6884 6885 6886 6887 (1) That the building that is the subject of the application is an historic building and the applicant is the owner or qualified lessee of the building; 6888 6889 6890 (2) That the rehabilitation will satisfy standards prescribed by the United States secretary of the interior under 16 U.S.C. 470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to that section; 6891 6892 6893 6894 (3) That receiving a rehabilitation tax credit certificate under this section is a major factor in: 6895 6896 (a) The applicant's decision to rehabilitate the historic building; or 6897 6898 (b) To increase the level of investment in such rehabilitation. 6899 6900 An applicant shall demonstrate to the satisfaction of the state historic preservation officer and director of development services that the rehabilitation will satisfy the standards described in division (C)(2) of this section before the applicant begins the physical rehabilitation of the historic building. 6901 6902 6903 6904 6905 (D)(1) If the director of development services determines that an application meets the criteria in divisions (C)(1), (2), and (3) of this section, the director shall conduct a cost-benefit analysis for the historic building that is the subject of the application to determine whether rehabilitation of the historic building will result in a net revenue gain in state and local taxes once the building is used. The director shall consider the results of the cost-benefit analysis in determining whether to approve the application. The director shall also consider the 6906 6907 6908 6909 6910 6911 6912 6913 6914 H. B. No. 110 Page 223 As Introduced potential economic impact and the regional distributive balance of the credits throughout the state. The director may approve an application only after completion of the cost-benefit analysis. 6915 6916 6917 (2) A rehabilitation tax credit certificate shall not be issued for an amount greater than the estimated amount furnished by the applicant on the application for such certificate and approved by the director. The director shall not approve more than a total of sixty million dollars of rehabilitation tax credits per fiscal year but the director may reallocate unused tax credits from a prior fiscal year for new applicants and such reallocated credits shall not apply toward the dollar limit of this division. 6918 6919 6920 6921 6922 6923 6924 6925 (3) For rehabilitations with a rehabilitation period not exceeding twenty-four months as provided in division (A)(8)(a) of this section, a rehabilitation tax credit certificate shall not be issued before the rehabilitation of the historic building is completed. 6926 6927 6928 6929 6930 (4) For rehabilitations with a rehabilitation period not exceeding sixty months as provided in division (A)(8)(b) of this section, a rehabilitation tax credit certificate shall not be issued before a stage of rehabilitation is completed. After all stages of rehabilitation are completed, if the director cannot determine that the criteria in division (C) of this section are satisfied for all stages of rehabilitations, the director shall certify this finding to the tax commissioner, and any rehabilitation tax credits received by the applicant shall be repaid by the applicant and may be collected by assessment as unpaid tax by the commissioner. 6931 6932 6933 6934 6935 6936 6937 6938 6939 6940 6941 (5) The director of development services shall require the applicant to provide a third-party cost certification by a certified public accountant of the actual costs attributed to the rehabilitation of the historic building when qualified rehabilitation expenditures exceed two hundred thousand dollars. 6942 6943 6944 6945 6946 H. B. No. 110 Page 224 As Introduced If an applicant whose application is approved for receipt of a rehabilitation tax credit certificate fails to provide to the director sufficient evidence of reviewable progress, including a viable financial plan, copies of final construction drawings, and evidence that the applicant has obtained all historic approvals within twelve months after the date the applicant received notification of approval, and if the applicant fails to provide evidence to the director that the applicant has secured and closed on financing for the rehabilitation within eighteen months after receiving notification of approval, the director may rescind the approval of the application. The director shall notify the applicant if the approval has been rescinded. Credits that would have been available to an applicant whose approval was rescinded shall be available for other qualified applicants. Nothing in this division prohibits an applicant whose approval has been rescinded from submitting a new application for a rehabilitation tax credit certificate. 6947 6948 6949 6950 6951 6952 6953 6954 6955 6956 6957 6958 6959 6960 6961 6962 6963 (6) The director of development services may approve the application of, and issue a rehabilitation tax credit certificate to, the owner of a catalytic project, provided the application otherwise meets the criteria described in divisions (C) and (D) of this section. The director may not approve more than one application for a rehabilitation tax credit certificate under division (D)(6) of this section during each state fiscal biennium. The director shall not approve an application for a rehabilitation tax credit certificate under division (D)(6) of this section during the state fiscal biennium beginning July 1, 2017, or during any state fiscal biennium thereafter. The director shall consider the following criteria in determining whether to approve an application for a certificate under division (D)(6) of this section: 6964 6965 6966 6967 6968 6969 6970 6971 6972 6973 6974 6975 6976 6977 (a) Whether the historic building is a catalytic project; 6978 H. B. No. 110 Page 225 As Introduced (b) The effect issuance of the certificate would have on the availability of credits for other applicants that qualify for a credit certificate within the credit dollar limit described in division (D)(2) of this section; 6979 6980 6981 6982 (c) The number of jobs, if any, the catalytic project will create. 6983 6984 (7)(a) The owner or qualified lessee of a historic building may apply for a rehabilitation tax credit certificate under both divisions (B) and (D)(6) of this section. In such a case, the director of development services shall consider each application at the time the application is submitted. 6985 6986 6987 6988 6989 (b) The director of development services shall not issue more than one certificate under this section with respect to the same qualified rehabilitation expenditures. 6990 6991 6992 (E) Issuance of a certificate represents a finding by the director of development services of the matters described in divisions (C)(1), (2), and (3) of this section only; issuance of a certificate does not represent a verification or certification by the director of the amount of qualified rehabilitation expenditures for which a tax credit may be claimed under section 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code. The amount of qualified rehabilitation expenditures for which a tax credit may be claimed is subject to inspection and examination by the tax commissioner or employees of the commissioner under section 5703.19 of the Revised Code and any other applicable law. Upon the issuance of a certificate, the director shall certify to the tax commissioner, in the form and manner requested by the tax commissioner, the name of the applicant, the amount of qualified rehabilitation expenditures shown on the certificate, and any other information required by the rules adopted under this section. 6993 6994 6995 6996 6997 6998 6999 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 H. B. No. 110 Page 226 As Introduced (F)(1) On or before the first day of August each year, the director of development services and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a report on the tax credit program established under this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The report shall present an overview of the program and shall include information on the number of rehabilitation tax credit certificates issued under this section during the preceding fiscal year, an update on the status of each historic building for which an application was approved under this section, the dollar amount of the tax credits granted under sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and any other information the director and commissioner consider relevant to the topics addressed in the report. 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 (2) On or before December 1, 2015, the director of development services and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a comprehensive report that includes the information required by division (F)(1) of this section and a detailed analysis of the effectiveness of issuing tax credits for rehabilitating historic buildings. The report shall be prepared with the assistance of an economic research organization jointly chosen by the director and commissioner. 7025 7026 7027 7028 7029 7030 7031 7032 7033 (G) There is hereby created in the state treasury the historic rehabilitation tax credit operating fund. The director of development services is authorized to charge reasonable application and other fees in connection with the administration of tax credits authorized by this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. Any such fees collected shall be credited to the fund and used to pay reasonable costs incurred by the department of 7034 7035 7036 7037 7038 7039 7040 7041 H. B. No. 110 Page 227 As Introduced development services in administering this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. 7042 7043 7044 The Ohio historic preservation office is authorized to charge reasonable fees in connection with its review and approval of applications under this section. Any such fees collected shall be credited to the fund and used to pay administrative costs incurred by the Ohio historic preservation office pursuant to this section. 7045 7046 7047 7048 7049 (H) Notwithstanding sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate owner of a tax credit certificate issued under division (D)(6) of this section may claim a tax credit equal to twenty-five per cent of the dollar amount indicated on the certificate for a total credit of not more than twenty-five million dollars. The credit claimed by such a certificate owner for any calendar year, tax year, or taxable year under section 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed five million dollars. If the certificate owner is eligible for more than five million dollars in total credits, the certificate owner may carry forward the balance of the credit in excess of the amount claimed for that year for not more than five ensuing calendar years, tax years, or taxable years. If the credit claimed in any calendar year, tax year, or taxable year exceeds the tax otherwise due, the excess shall be refunded to the taxpayer. 7050 7051 7052 7053 7054 7055 7056 7057 7058 7059 7060 7061 7062 7063 7064 7065 (I) The director of development services, in consultation with the director of budget and management, shall develop and adopt a system of tracking any information necessary to anticipate the impact of credits issued under this section on tax revenues for current and future fiscal years. Such information may include the number of applications approved, the estimated rehabilitation expenditures and rehabilitation period associated with such applications, the number and amount of tax credit certificates 7066 7067 7068 7069 7070 7071 7072 7073 H. B. No. 110 Page 228 As Introduced issued, and any other information the director of budget and management requires for the purposes of this division. 7074 7075 Sec. 149.434. (A) Each public office or person responsible for public records shall maintain a database or a list that includes the name and date of birth of all public officials and employees elected to or employed by that public office. The database or list is a public record and shall be made available upon a request made pursuant to section 149.43 of the Revised Code. 7076 7077 7078 7079 7080 7081 7082 (B) As used in this section: 7083 (1) "Employee" has the same meaning as in section 9.40 of the Revised Code. 7084 7085 (2) "Public official" has the same meaning as in section 117.01 of the Revised Code. 7086 7087 (3) "Public record" has the same meaning as in section 149.43 of the Revised Code. 7088 7089 Sec. 155.011. The owner of any tract of land in which the state has retained the gas, oil, coal, and other mineral rights and right of entry may acquire such rights by purchase from the state. Such owner desiring to purchase such rights shall make application to the director of administrative services. This application shall be in such manner and form and shall contain such information as prescribed by the director. The said application shall have a deposit of a sum sufficient to pay the appraisal fees together with evidence of title to the land in which the applicant desires to purchase the mineral rights affixed thereto. 7090 7091 7092 7093 7094 7095 7096 7097 7098 7099 7100 Upon receipt of the application, evidence of title, and the deposit, the director shall cause the mineral rights to be appraised by three disinterested persons. The director shall 7101 7102 7103 H. B. No. 110 Page 229 As Introduced determine the fee that each appraiser shall receive. All appraisal fees shall be paid from the deposit posted by the applicant. If the deposit exceeds the appraisal fees the balance shall be returned to the applicant. 7104 7105 7106 7107 The appraisal value when approved by the director of administrative services shall constitute the purchase price. The director shall notify the applicant of the purchase price by certified or registered mail. Upon receipt of the purchase price by the director of administrative services, the auditor of state director shall prepare, with the assistance of the attorney general, a deed which shall be executed by the governor, countersigned by the secretary of state, recorded in the office of the auditor of state director of administrative services, and delivered to the purchaser; provided, that if the purchase price has not been received within ninety days after notice of the purchase price was delivered to the applicant, the purchase price shall no longer be valid and a new application shall be instituted, a new deposit tendered, and a new appraisal had on the mineral rights. 7108 7109 7110 7111 7112 7113 7114 7115 7116 7117 7118 7119 7120 7121 7122 If the applicant fails to purchase the mineral rights within one year from the date of the initial application instituted by such applicant, a purchase by such applicant may be had only upon a determination by the director of administrative services that such sale would be in the best interests of the state. 7123 7124 7125 7126 7127 Any deed of conveyance issued under authority of this section shall be subject to existing easements, rights-of-way, and legal highways. 7128 7129 7130 Net sale proceeds shall be credited to the general revenue fund except when the rights disposed of were entrusted to the state for school or religious purposes. 7131 7132 7133 Sec. 166.01. As used in this chapter: 7134 H. B. No. 110 Page 230 As Introduced (A) "Allowable costs" means all or part of the costs of project facilities, eligible projects, eligible innovation projects, eligible research and development projects, eligible advanced energy projects, or eligible logistics and distribution projects, including costs of acquiring, constructing, reconstructing, rehabilitating, renovating, enlarging, improving, equipping, or furnishing project facilities, eligible projects, eligible innovation projects, eligible research and development projects, eligible advanced energy projects, or eligible logistics and distribution projects, site clearance and preparation, supplementing and relocating public capital improvements or utility facilities, designs, plans, specifications, surveys, studies, and estimates of costs, expenses necessary or incident to determining the feasibility or practicability of assisting an eligible project, an eligible innovation project, an eligible research and development project, an eligible advanced energy project, or an eligible logistics and distribution project, or providing project facilities or facilities related to an eligible project, an eligible innovation project, an eligible research and development project, an eligible advanced energy project, or an eligible logistics and distribution project, architectural, engineering, and legal services fees and expenses, the costs of conducting any other activities as part of a voluntary action, and such other expenses as may be necessary or incidental to the establishment or development of an eligible project, an eligible innovation project, an eligible research and development project, an eligible advanced energy project, or an eligible logistics and distribution project, and reimbursement of moneys advanced or applied by any governmental agency or other person for allowable costs. 7135 7136 7137 7138 7139 7140 7141 7142 7143 7144 7145 7146 7147 7148 7149 7150 7151 7152 7153 7154 7155 7156 7157 7158 7159 7160 7161 7162 7163 7164 (B) "Allowable innovation costs" includes allowable costs of eligible innovation projects and, in addition, includes the costs of research and development of eligible innovation projects; 7165 7166 7167 H. B. No. 110 Page 231 As Introduced obtaining or creating any requisite software or computer hardware related to an eligible innovation project or the products or services associated therewith; testing (including, without limitation, quality control activities necessary for initial production), perfecting, and marketing of such products and services; creating and protecting intellectual property related to an eligible innovation project or any products or services related thereto, including costs of securing appropriate patent, trademark, trade secret, trade dress, copyright, or other form of intellectual property protection for an eligible innovation project or related products and services; all to the extent that such expenditures could be capitalized under then-applicable generally accepted accounting principles; and the reimbursement of moneys advanced or applied by any governmental agency or other person for allowable innovation costs. 7168 7169 7170 7171 7172 7173 7174 7175 7176 7177 7178 7179 7180 7181 7182 (C) "Eligible innovation project" includes an eligible project, including any project facilities associated with an eligible innovation project and, in addition, includes all tangible and intangible property related to a new product or process based on new technology or the creative application of existing technology, including research and development, product or process testing, quality control, market research, and related activities, that is to be acquired, established, expanded, remodeled, rehabilitated, or modernized for industry, commerce, distribution, or research, or any combination thereof, the operation of which, alone or in conjunction with other eligible projects, eligible innovation projects, or innovation property, will create new jobs or preserve existing jobs and employment opportunities and improve the economic welfare of the people of the state. 7183 7184 7185 7186 7187 7188 7189 7190 7191 7192 7193 7194 7195 7196 7197 (D) "Eligible project" means project facilities to be acquired, established, expanded, remodeled, rehabilitated, or 7198 7199 H. B. No. 110 Page 232 As Introduced modernized for industry, commerce, distribution, or research, or any combination thereof, the operation of which, alone or in conjunction with other facilities, will create new jobs or preserve existing jobs and employment opportunities and improve the economic welfare of the people of the state. "Eligible project" includes, without limitation, a voluntary action. For purposes of this division, "new jobs" does not include existing jobs transferred from another facility within the state, and "existing jobs" includes only those existing jobs with work places within the municipal corporation or unincorporated area of the county in which the eligible project is located. 7200 7201 7202 7203 7204 7205 7206 7207 7208 7209 7210 "Eligible project" does not include project facilities to be acquired, established, expanded, remodeled, rehabilitated, or modernized for industry, commerce, distribution, or research, or any combination of industry, commerce, distribution, or research, if the project facilities consist solely of point-of-final-purchase retail facilities. If the project facilities consist of both point-of-final-purchase retail facilities and nonretail facilities, only the portion of the project facilities consisting of nonretail facilities is an eligible project. If a warehouse facility is part of a point-of-final-purchase retail facility and supplies only that facility, the warehouse facility is not an eligible project. Catalog distribution facilities are not considered point-of-final-purchase retail facilities for purposes of this paragraph, and are eligible projects. 7211 7212 7213 7214 7215 7216 7217 7218 7219 7220 7221 7222 7223 7224 7225 (E) "Eligible research and development project" means an eligible project, including project facilities, comprising, within, or related to, a facility or portion of a facility at which research is undertaken for the purpose of discovering information that is technological in nature and the application of which is intended to be useful in the development of a new or 7226 7227 7228 7229 7230 7231 H. B. No. 110 Page 233 As Introduced improved product, process, technique, formula, or invention, a new product or process based on new technology, or the creative application of existing technology. 7232 7233 7234 (F) "Financial assistance" means inducements under division (B) of section 166.02 of the Revised Code, loan guarantees under section 166.06 of the Revised Code, and direct loans under section 166.07 of the Revised Code. 7235 7236 7237 7238 (G) "Governmental action" means any action by a governmental agency relating to the establishment, development, or operation of an eligible project, eligible innovation project, eligible research and development project, eligible advanced energy project, or eligible logistics and distribution project, and project facilities that the governmental agency acting has authority to take or provide for the purpose under law, including, but not limited to, actions relating to contracts and agreements, zoning, building, permits, acquisition and disposition of property, public capital improvements, utility and transportation service, taxation, employee recruitment and training, and liaison and coordination with and among governmental agencies. 7239 7240 7241 7242 7243 7244 7245 7246 7247 7248 7249 7250 (H) "Governmental agency" means the state and any state department, division, commission, institution or authority; a municipal corporation, county, or township, and any agency thereof, and any other political subdivision or public corporation or the United States or any agency thereof; any agency, commission, or authority established pursuant to an interstate compact or agreement; and any combination of the above. 7251 7252 7253 7254 7255 7256 7257 (I) "Innovation financial assistance" means inducements under division (B) of section 166.12 of the Revised Code, innovation Ohio loan guarantees under section 166.15 of the Revised Code, and innovation Ohio loans under section 166.16 of the Revised Code. 7258 7259 7260 7261 (J) "Innovation Ohio loan guarantee reserve requirement" 7262 H. B. No. 110 Page 234 As Introduced means, at any time, with respect to innovation loan guarantees made under section 166.15 of the Revised Code, a balance in the innovation Ohio loan guarantee fund equal to the greater of twenty per cent of the then-outstanding principal amount of all outstanding innovation loan guarantees made pursuant to section 166.15 of the Revised Code or fifty per cent of the principal amount of the largest outstanding guarantee made pursuant to section 166.15 of the Revised Code. 7263 7264 7265 7266 7267 7268 7269 7270 (K) "Innovation property" includes property and also includes software, inventory, licenses, contract rights, goodwill, intellectual property, including without limitation, patents, patent applications, trademarks and service marks, and trade secrets, and other tangible and intangible property, and any rights and interests in or connected to the foregoing. 7271 7272 7273 7274 7275 7276 (L) "Loan guarantee reserve requirement" means, at any time, with respect to loan guarantees made under section 166.06 of the Revised Code, a balance in the loan guarantee fund equal to the greater of twenty per cent of the then-outstanding principal amount of all outstanding guarantees made pursuant to section 166.06 of the Revised Code or fifty per cent of the principal amount of the largest outstanding guarantee made pursuant to section 166.06 of the Revised Code. 7277 7278 7279 7280 7281 7282 7283 7284 (M) "Person" means any individual, firm, partnership, association, corporation, or governmental agency, and any combination thereof. 7285 7286 7287 (N) "Project facilities" means buildings, structures, and other improvements, and equipment and other property, excluding small tools, supplies, and inventory, and any one, part of, or combination of the above, comprising all or part of, or serving or being incidental to, an eligible project, an eligible innovation project, an eligible research and development project, an eligible advanced energy project, or an eligible logistics and distribution 7288 7289 7290 7291 7292 7293 7294 H. B. No. 110 Page 235 As Introduced project, including, but not limited to, public capital improvements. 7295 7296 (O) "Property" means real and personal property and interests therein. 7297 7298 (P) "Public capital improvements" means capital improvements or facilities that any governmental agency has authority to acquire, pay the costs of, own, maintain, or operate, or to contract with other persons to have the same done, including, but not limited to, highways, roads, streets, water and sewer facilities, railroad and other transportation facilities, and air and water pollution control and solid waste disposal facilities. For purposes of this division, "air pollution control facilities" includes, without limitation, solar, geothermal, biofuel, biomass, wind, hydro, wave, and other advanced energy projects as defined in section 3706.25 of the Revised Code. 7299 7300 7301 7302 7303 7304 7305 7306 7307 7308 7309 (Q) "Research and development financial assistance" means inducements under section 166.17 of the Revised Code, research and development loans under section 166.21 of the Revised Code, and research and development tax credits under sections 5733.352 and 5747.331 of the Revised Code. 7310 7311 7312 7313 7314 (R) "Targeted innovation industry sectors" means industry sectors involving the production or use of advanced materials, instruments, controls and electronics, power and propulsion, biosciences, and information technology, or such other sectors as may be designated by the director of development services. 7315 7316 7317 7318 7319 (S) "Voluntary action" means a voluntary action, as defined in section 3746.01 of the Revised Code, that is conducted under the voluntary action program established in Chapter 3746. of the Revised Code. 7320 7321 7322 7323 (T) "Project financing obligations" means obligations issued pursuant to section 166.08 of the Revised Code other than 7324 7325 H. B. No. 110 Page 236 As Introduced obligations for which the bond proceedings provide that bond service charges shall be paid from receipts of the state representing gross profit on the sale of spirituous liquor as referred to in division (B)(4) of section 4310.10 of the Revised Code. 7326 7327 7328 7329 7330 (U) "Regional economic development entity" means an entity that is under contract with the director to administer a loan program under this chapter in a particular area of this state. 7331 7332 7333 (V) "Eligible advanced energy project" means an eligible project that is an "advanced energy project" as defined in section 3706.25 of the Revised Code. 7334 7335 7336 (W) "Eligible logistics and distribution project" means an eligible project, including project facilities, to be acquired, established, expanded, remodeled, rehabilitated, or modernized for transportation logistics and distribution infrastructure purposes. As used in this division, "transportation logistics and distribution infrastructure purposes" means promoting, providing for, and enabling improvements to the ground, air, and water transportation infrastructure comprising the transportation system in this state, including, without limitation, highways, streets, roads, bridges, railroads carrying freight, and air and water ports and port facilities, and all related supporting facilities. 7337 7338 7339 7340 7341 7342 7343 7344 7345 7346 7347 (X) "Department of development" means the development services agency and "director of development" means the director of development services. 7348 7349 7350 Sec. 166.03. (A) There is hereby created the facilities establishment fund within the state treasury, consisting of proceeds from the issuance of obligations as specified under section 166.08 of the Revised Code; the moneys received by the state from the sources specified in section 166.09 of the Revised Code; service charges imposed under sections 166.06 and 166.07 of 7351 7352 7353 7354 7355 7356 H. B. No. 110 Page 237 As Introduced the Revised Code; any grants, gifts, or contributions of moneys received by the director of development services to be used for loans made under section 166.07 of the Revised Code or for the payment of the allowable costs of project facilities; and all other moneys appropriated or transferred to the fund. Moneys in the loan guarantee fund in excess of the loan guarantee reserve requirement, but subject to the provisions and requirements of any guarantee contracts, may be transferred to the facilities establishment fund by the treasurer of state upon the order of the director of development services. Moneys received by the state under Chapter 122. of the Revised Code, to the extent allocable to the utilization of moneys derived from proceeds of the sale of obligations pursuant to section 166.08 of the Revised Code, shall be credited to the facilities establishment fund. All investment earnings on the cash balance in the fund shall be credited to the fund. 7357 7358 7359 7360 7361 7362 7363 7364 7365 7366 7367 7368 7369 7370 7371 7372 (B) All moneys appropriated or transferred to the facilities establishment fund may be released at the request of the director of development services for payment of allowable costs or the making of loans under section 166.07 of the Revised Code, for transfer to the loan guarantee fund established in section 166.06 of the Revised Code, or for use for the purpose of or transfer to the funds established by sections 122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code and, until July 1, 2003, the fund established by section 166.031 of the Revised Code, and, until July 1, 2007, the fund established by section 122.26 of the Revised Code, but only for such of those purposes as are within the authorization of Section 13 of Article VIII, Ohio Constitution, in all cases subject to the approval of the controlling board. 7373 7374 7375 7376 7377 7378 7379 7380 7381 7382 7383 7384 7385 7386 (C) The department of development services agency, in the administration of the facilities establishment fund, is encouraged 7387 7388 H. B. No. 110 Page 238 As Introduced to utilize and promote the utilization of, to the maximum practicable extent, the other existing programs, business incentives, and tax incentives that department is required or authorized to administer or supervise. 7389 7390 7391 7392 Sec. 166.27. (A) As used in this section, "minority" has the same meaning as in section 184.17 of the Revised Code, except that the individual must be a resident of this state. The term also includes an economically disadvantaged individual who is a resident of this state. 7393 7394 7395 7396 7397 (B) The director of development shall conduct outreach activities in Ohio that seek to include minorities in the loan program for logistics and distribution projects established under section 166.25 of the Revised Code. The outreach activities shall include the following, when appropriate: 7398 7399 7400 7401 7402 (1) Identifying and partnering with historically black colleges and universities; 7403 7404 (2) Working with all institutions of higher education in the state to support minority faculty and students involved in logistics and distribution fields; 7405 7406 7407 (3) Developing a plan to contact by telephone minority-owned businesses and entrepreneurs and other economically disadvantaged businesses to notify them of opportunities to participate in the loan program for logistics and distribution projects; 7408 7409 7410 7411 (4) Identifying minority professional and technical trade associations and economic development assistance organizations and notifying them of the loan program for logistics and distribution projects; 7412 7413 7414 7415 (5) Partnering with regional councils to foster local efforts to support minority-owned businesses or otherwise identify networks of minority-owned businesses, entrepreneurs, and 7416 7417 7418 H. B. No. 110 Page 239 As Introduced individuals operating locally; 7419 (6) Identifying minority firms and notifying them of the opportunities that exist within the investment community, including the Ohio venture capital authority created under section 150.02 of the Revised Code. 7420 7421 7422 7423 (C) The director shall publish an annual report that includes all of the following: 7424 7425 (1) Details of loans awarded for logistics and distribution projects; 7426 7427 (2) The status of loan recipients' projects funded in previous years; 7428 7429 (3) The amount of loans awarded for projects in economically distressed areas, and if possible to ascertain, the impact of the loans to those areas. 7430 7431 7432 (D) To the extent possible, outreach activities described in this section shall be conducted in conjunction with the EDGE program created in section 123.152122.922 of the Revised Code. 7433 7434 7435 Sec. 169.05. (A) Every holder required to file a report under section 169.03 of the Revised Code shall, at the time of filing, pay to the director of commerce ten per cent of the aggregate amount of unclaimed funds as shown on the report, except for aggregate amounts of fifty dollars or less in which case one hundred per cent shall be paid. The funds may be deposited by the director in the state treasury to the credit of the unclaimed funds trust fund, which is hereby created, or placed with a financial organization. Any interest earned on money in the trust fund shall be credited to the trust fund. The remainder of the aggregate amount of unclaimed funds as shown on the report, plus earnings accrued to date of payment to the director, shall, at the option of the director, be retained by the holder or paid to the 7436 7437 7438 7439 7440 7441 7442 7443 7444 7445 7446 7447 7448 H. B. No. 110 Page 240 As Introduced director for deposit as agent for the mortgage funds with a financial organization as defined in section 169.01 of the Revised Code, with the funds to be in income-bearing accounts to the credit of the mortgage funds, or the holder may enter into an agreement with the director specifying the obligations of the United States in which funds are to be invested, and agree to pay the interest on the obligations to the state. Holders retaining any funds not in obligations of the United States shall enter into an agreement with the director specifying the classification of income-bearing account in which the funds will be held and pay the state interest on the funds at a rate equal to the prevailing market rate for similar funds. Moneys that the holder is required to pay to the director rather than to retain may be deposited with the treasurer of state, or placed with a financial organization. 7449 7450 7451 7452 7453 7454 7455 7456 7457 7458 7459 7460 7461 7462 Securities and other intangible property transferred to the director shall, within a reasonable time, be converted to cash and the proceeds deposited as provided for other funds. 7463 7464 7465 One-half of the funds evidenced by agreements, in income-bearing accounts, or on deposit with the treasurer of state shall be allocated on the records of the director to the mortgage insurance fund created by section 122.561 of the Revised Code. Out of the remaining half, after allocation of sufficient moneys to the minority business bonding fund to meet the provisions of division (B) of this section, the remainder shall be allocated on the records of the director to the housing development fund created by division (A) of section 175.11 of the Revised Code. 7466 7467 7468 7469 7470 7471 7472 7473 7474 (B) The director shall serve as agent for the director of development and as agent for the Ohio housing finance agency in making deposits and withdrawals and maintaining records pertaining to the minority business bonding fund created by section 122.88 of the Revised Code, the mortgage insurance fund, and the housing development fund created by section 175.11 of the Revised Code. 7475 7476 7477 7478 7479 7480 H. B. No. 110 Page 241 As Introduced Funds from the mortgage insurance fund are available to the director of development when those funds are to be disbursed to prevent or cure, or upon the occurrence of, a default of a mortgage insured pursuant to section 122.451 of the Revised Code. Funds from the housing development fund are available upon request to the Ohio housing finance agency, in an amount not to exceed the funds allocated on the records of the director, for the purposes of section 175.05 of the Revised Code. Funds from the minority business bonding fund are available to the director of development upon request to pay obligations on bonds the director writes pursuant to section 122.88 of the Revised Code; except that, unless the general assembly authorizes additional amounts, the total maximum amount of moneys that may be allocated to the minority business bonding fund under this division is ten million dollars. 7481 7482 7483 7484 7485 7486 7487 7488 7489 7490 7491 7492 7493 7494 7495 When funds are to be disbursed, the appropriate agency shall call upon the director to transfer the necessary funds to it. The director shall first withdraw the funds paid by the holders and deposited with the treasurer of state or in a financial institution as agent for the funds. Whenever these funds are inadequate to meet the request, the director shall provide for a withdrawal of funds, within a reasonable time and in the amount necessary to meet the request, from financial institutions in which the funds were retained or placed by a holder and from other holders who have retained funds, in an equitable manner as the director prescribes. In the event that the amount to be withdrawn from any one holder is less than five hundred dollars, the amount to be withdrawn is at the director's discretion. The director shall then transfer to the agency the amount of funds requested. 7496 7497 7498 7499 7500 7501 7502 7503 7504 7505 7506 7507 7508 7509 Funds deposited in the unclaimed funds trust fund are subject to call by the director when necessary to pay claims the director allows under section 169.08 of the Revised Code, in accordance 7510 7511 7512 H. B. No. 110 Page 242 As Introduced with the director's rules, to defray the necessary costs of making publications this chapter requires and to pay other operating and administrative expenses the department of commerce incurs in the administration and enforcement of this chapter. 7513 7514 7515 7516 The unclaimed funds trust fund shall be assessed a proportionate share of the administrative costs of the department of commerce in accordance with procedures the director of commerce prescribes and the director of budget and management approves. The assessment shall be paid from the unclaimed funds trust fund to the division of administration fund. 7517 7518 7519 7520 7521 7522 (C) Earnings on the accounts in financial organizations to the credit of the mortgage funds shall, at the option of the financial organization, be credited to the accounts at times and at rates as earnings are paid on other accounts of the same classification held in the financial organization or paid to the director. The director shall be notified annually, and at other times as the director may request, of the amount of the earnings credited to the accounts. Interest on unclaimed funds a holder retains shall be paid to the director or credited as specified in the agreement under which the organization retains the funds. Interest payable to the director under an agreement to invest unclaimed funds in income-bearing accounts or obligations of the United States shall be paid annually by the holder to the director. Any earnings or interest the director receives under this division shall be deposited in and credited to the mortgage funds. 7523 7524 7525 7526 7527 7528 7529 7530 7531 7532 7533 7534 7535 7536 7537 7538 Sec. 169.07. (A) Upon the payment or delivery of unclaimed funds to the director of commerce under section 169.05 of the Revised Code in good faith and in compliance with this chapter, the holder will be relieved of further responsibility for the safe-keeping thereof and will be held harmless by the state from 7539 7540 7541 7542 7543 H. B. No. 110 Page 243 As Introduced any and all liabilities for any claim arising out of the transfer of such funds to the state to the extent of the value of the property paid or delivered determined as of the time of such payment or delivery. 7544 7545 7546 7547 (B) If legal proceedings are instituted against a holder which has paid unclaimed funds to the director or entered into an agreement as provided in section 169.05 of the Revised Code in respect to such funds, such holder shall notify the director in writing of the pendency of such proceedings and not later than fourteen days after the date process was served on the holder. Failure to give such notice absolves the state from any liability that it may otherwise have with regard to such unclaimed funds beyond the value of the property paid or delivered to the director. 7548 7549 7550 7551 7552 7553 7554 7555 7556 7557 Upon the proper notice, the director may take such action as the director considers necessary or expedient to protect the interests of the state. If the director shall elects to intervene and assume the defense of such proceedings. Failure to give such notice shall absolve the state from any and all liability which it may have with regard to such funds. If and judgment is entered against such holder, the director shall, upon proof of satisfaction of such judgment, forthwith reimburse such organization for the amount of the judgment or enter into an agreement modified to reflect the satisfaction of such judgment, if the holder retained such funds, and shall reimburse such holder for any legal fees, costs and other expenses incurred in such proceedings in the manner provided for the payment of claims under divisions (D) and (E) of section 169.08 of the Revised Code. 7558 7559 7560 7561 7562 7563 7564 7565 7566 7567 7568 7569 7570 7571 If the director elects not to intervene and assume the defense of such proceedings, and judgment is entered against such holder for any amount paid to the director pursuant to this chapter, the director shall upon proof of satisfaction of such 7572 7573 7574 7575 H. B. No. 110 Page 244 As Introduced judgment, forthwith reimburse such organization for the amount so paid or enter into an agreement modified to reflect the satisfaction of such judgment, if the holder retained such funds, to the extent of the value of the property paid or delivered. 7576 7577 7578 7579 (C) No person has a claim against the state, the holder, or a transfer agent, registrar, or other person acting for or on behalf of a holder for any change in the market value of unclaimed funds occurring after delivery by the holder to the division, or after sale of the property by the division. 7580 7581 7582 7583 7584 Sec. 169.13. (A)(1) All agreements to pay a fee, compensation, commission, or other remuneration to locate, deliver, recover, or assist in the recovery of unclaimed funds reported under section 169.03 of the Revised Code, entered into within two years immediately after the date a report is filed under division (C) of section 169.03 of the Revised Code, are invalid. 7585 7586 7587 7588 7589 7590 7591 (2) A person interested in entering into an agreement to locate, deliver, recover, or assist in the recovery of unclaimed funds for remuneration shall not initiate any contact with an owner during the two-year period immediately after the date a report is filed under division (C) of section 169.03 of the Revised Code. Failure to comply with this requirement is grounds for the invalidation of any such agreement between the person and the owner. 7592 7593 7594 7595 7596 7597 7598 7599 (B) An agreement entered into any time after such two-year period is valid only if all of the following conditions are met: 7600 7601 (1) The aggregate fee, compensation, commission, or other remuneration agreed upon is not in excess of ten per cent of the amount recovered and paid to the owner by the director of budget and management; 7602 7603 7604 7605 H. B. No. 110 Page 245 As Introduced (2) The agreement is in writing, signed by the owner, and notarized and discloses all of the following items: 7606 7607 (a) The name, address, and telephone number of the owner, as shown by the records of the person or entity in possession of the unclaimed funds or contents of a safe deposit box; 7608 7609 7610 (b) The name, address, and telephone number of the owner if the owner's name, address, or telephone number are different from the name, address, or telephone number of the owner as shown by the records of the person or entity in possession of the unclaimed funds or contents of a safe deposit box; 7611 7612 7613 7614 7615 (c) The nature and value of the unclaimed funds or contents of a safe deposit box; 7616 7617 (d) The amount the owner will receive after the fee or compensation has been subtracted; 7618 7619 (e) The name and address of the person or entity in possession of the unclaimed funds or contents of a safe deposit box; 7620 7621 7622 (f) That the auditor of state director of budget and management will pay the unclaimed funds directly to the owner or the director of commerce shall deliver the contents of a safe deposit box directly to the owner; 7623 7624 7625 7626 (g) That the person agreeing to locate, deliver, recover, or assist in the recovery of the unclaimed funds or contents of a safe deposit box is not an employee or agent of the director of commerce; 7627 7628 7629 7630 (h) That the director of commerce is not a party to the agreement; 7631 7632 (i) That the person agreeing to locate, deliver, recover, or assist in the recovery of the unclaimed funds or contents of a safe deposit box holds a valid certificate of registration issued 7633 7634 7635 H. B. No. 110 Page 246 As Introduced by the director under section 169.16 of the Revised Code; 7636 (j) The number designated on that certificate of registration and the date the certificate of registration expires. 7637 7638 (3) No agreement described in division (B)(2) of this section shall include a power of attorney for the payment of the unclaimed funds or delivery of the contents of a safe deposit box to any person other than the owner of the unclaimed funds or contents of a safe deposit box. 7639 7640 7641 7642 7643 (4) If the agreement involves recovery of the contents of a safe deposit box, the agreement stipulates that the person receiving any fee, compensation, commission, or other remuneration for engaging in any activity for the purpose of locating, delivering, recovering, or assisting in the recovery of unclaimed funds or other items stored in a safe deposit box on behalf of any other person shall do all of the following: 7644 7645 7646 7647 7648 7649 7650 (a) Make arrangements to have an appraiser and the director of commerce view the contents of the safe deposit box together, at a time mutually agreeable to the appraiser and director; 7651 7652 7653 (b) State that the value of the property in the safe deposit box is the amount established by the appraiser who viewed the safe deposit box contents; 7654 7655 7656 (c) Base the fee, compensation, commission, or other remuneration for locating, delivering, recovering, or assisting in the recovery of unclaimed funds or other items stored in a safe deposit box on the appraised value established by the appraiser who viewed the safe deposit box contents. 7657 7658 7659 7660 7661 (C) No person shall receive a fee, compensation, commission, or other remuneration, or engage in any activity for the purpose of locating, delivering, recovering, or assisting in the recovery of unclaimed funds or contents of a safe deposit box, under without having first entered into an agreement that is invalid 7662 7663 7664 7665 7666 H. B. No. 110 Page 247 As Introduced under fully compliant with this section with an owner or owner's legal representative. 7667 7668 (D) A person who receives any fee, compensation, commission, or other remuneration for engaging in any activity for the purpose of locating, delivering, recovering, or assisting in the recovery of unclaimed funds or other items stored in a safe deposit box on behalf of any other person cannot function as an appraiser of the contents of the safe deposit box for purposes of division (B)(4) of this section. 7669 7670 7671 7672 7673 7674 7675 (E) The director shall not recognize or make any delivery and the auditor of state shall not make any payment pursuant to any power of attorney between an owner of the unclaimed funds or contents of a safe deposit box and the person with whom the owner entered into an agreement pursuant to division (B)(2) of this section to locate, deliver, recover, or assist in the recovery of the unclaimed funds or contents of a safe deposit box if that power of attorney is entered into on or after the effective date of this amendment March 23, 2007, and that power of attorney specifically provides for the payment of unclaimed funds or delivery of the contents of a safe deposit box to any person other than the owner of the unclaimed funds or contents of a safe deposit box. Nothing in this section shall be construed as prohibiting the payment of unclaimed funds or delivery of the contents of a safe deposit box to the legal representative of the owner of the unclaimed funds or contents of the safe deposit box. Notwithstanding the definition of "owner" specified in division (C) of section 169.01 of the Revised Code, for purposes of the payment of unclaimed funds or delivery of the contents of the safe deposit box, a person with whom an owner entered into an agreement under division (B)(2) of this section is not a legal representative. 7676 7677 7678 7679 7680 7681 7682 7683 7684 7685 7686 7687 7688 7689 7690 7691 7692 7693 7694 7695 7696 7697 H. B. No. 110 Page 248 As Introduced Sec. 169.18. (A) When an item owned by an individual who died a resident of this state has been reported to the director of commerce as unclaimed funds pursuant to this chapter, the director, not sooner than two hundred ten days after the death of the owner, shall distribute the item or pay the amount being held by the director, plus any interest due, pursuant to section 169.08 of the Revised Code, without requiring letters testamentary or letters of administration to be issued upon the estate of the deceased owner where all the following conditions are met: 7698 7699 7700 7701 7702 7703 7704 7705 7706 (1) All such items of unclaimed funds taken together are valued at not more than five thousand dollars. 7707 7708 (2) The person claiming the item is the surviving spouse, any one or more of the deceased owner's natural born or adopted children eighteen years of age or older, or the parent of the deceased owner, with preference given in that order. 7709 7710 7711 7712 (3) The person seeking to claim the item provides to the satisfaction of the director all of the following: 7713 7714 (a) An unredacted certified death certificate of the deceased owner; 7715 7716 (b) The sworn affidavit described in division (A)(4) of this section under penalty of perjury; 7717 7718 (c) Other information or documentary evidence the director determines necessary to pay funds under this section to the proper person, including personal identification and proof of tax identification number for the claimant, deceased owner, or both. 7719 7720 7721 7722 (4) The person seeking to claim the item under division (A) of this section presents to the director an affidavit requesting that the director release the item along with a list of all individual beneficiaries in the decedent's will or individuals who would inherit pursuant to section 2105.06 of the Revised Code if 7723 7724 7725 7726 7727 H. B. No. 110 Page 249 As Introduced the decedent died intestate. The affidavit shall include all of the following information: 7728 7729 (a) The deceased owner's name; 7730 (b) The date and place of the deceased owner's death; 7731 (c) A statement that more than two hundred ten days have passed since the deceased owner's death; 7732 7733 (d) A statement that either: 7734 (i) An executor, administrator, or commissioner has not been appointed to administer the deceased owner's estate and no application for the appointment of an executor or administrator, or application to relieve an estate from administration, is pending in any jurisdiction; 7735 7736 7737 7738 7739 (ii) The executor, administrator, or commissioner has been discharged. 7740 7741 (e) A description and dollar value of each item of unclaimed funds in the director's custody, not exceeding an aggregate amount of five thousand dollars to be paid, transferred, or delivered to the claimant; 7742 7743 7744 7745 (f)(i) A statement that the deceased owner's funeral and burial expenses have been paid, that the claimant will pay the funeral and burial expenses, or that the unclaimed funds will be used to pay the funeral and burial expenses; 7746 7747 7748 7749 (ii) If the statement in division (A)(4)(f)(i) of this section indicates that the unclaimed funds will be used to pay the funeral and burial expenses, an additional statement that if the unclaimed funds are in an amount sufficient to cover all unpaid funeral and burial expenses, the unclaimed funds will be used to cover all such expenses. If the unclaimed funds are insufficient to cover all such expenses, a statement that all the unclaimed funds will be used to pay the expenses. 7750 7751 7752 7753 7754 7755 7756 7757 H. B. No. 110 Page 250 As Introduced (g) A statement that the claimant is entitled to inherit from the deceased owner either by virtue of being a beneficiary in the decedent's will or under section 2105.06 of the Revised Code if the decedent died intestate, and that specifies the claimant's relationship to the deceased owner; 7758 7759 7760 7761 7762 (h) The following statement: "No other person has a superior right to the interest of the decedent in the described unclaimed funds." 7763 7764 7765 (i) A statement that the claimant requests that the item be paid, delivered, or transferred to the claimant; 7766 7767 (j) A statement that the claimant will distribute the unclaimed funds pursuant to the deceased owner's will or section 2105.06 of the Revised Code if the decedent died intestate; 7768 7769 7770 (k) The claimant's affirmation under penalty of perjury that the foregoing affidavit is true and correct. 7771 7772 (B) If the director determines the claimant to be a person entitled to claim the item, the director shall distribute the item or pay the amount being held by the director. By this distribution or payment, the director shall be released to the same extent as by an entry granting release from administration or as if distribution or payment had been made to a duly appointed executor, administrator, or commissioner of the deceased owner's estate. The director shall not be required to oversee the application of the payment, delivery, or transfer made. 7773 7774 7775 7776 7777 7778 7779 7780 7781 (C) The payment, delivery, or transfer of the unclaimed funds due the deceased owner under this section is a full discharge and release to the director from any claim for the funds paid, delivered, or transferred. Any claimant to whom payment is made shall be liable to anyone prejudiced by an improper distribution, transfer, or payment. 7782 7783 7784 7785 7786 7787 H. B. No. 110 Page 251 As Introduced Sec. 173.012. The department of aging may develop and offer training programs to area agencies on aging, long-term care facilities, providers of long-term care services, and other interested parties. The department may charge fees for the training programs. Amounts collected from charging the fees shall be deposited into the state treasury to the credit of the senior community outreach fund, which is hereby created. Money credited to the fund may be used by the department to administer this section and to develop and offer additional training programs. 7788 7789 7790 7791 7792 7793 7794 7795 7796 Sec. 173.39. (A) As used in sections 173.39 to 173.393 of the Revised Code: 7797 7798 (1) "Provider" means a person or government entity that provides any services, including community-based long-term care services, under a program the department of aging administers. "Provider" includes a person or government entity that provides home and community-based services to older adults through the PASSPORT program or assisted living program as defined in section 173.51 of the Revised Code. 7799 7800 7801 7802 7803 7804 7805 (2) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code. 7806 7807 (3) "PASSPORT program" and "assisted living program" have the same meanings as in section 173.51 of the Revised Code. 7808 7809 (B) Except as provided in section 173.392 of the Revised Code, the The department of aging may shall not pay a provider for providing any service, including community-based long-term care services, under a the PASSPORT program or assisted living program unless the provider is certified under section 173.391 of the Revised Code and the service is in fact provided. 7810 7811 7812 7813 7814 7815 The department may require a provider under any other program the department administers to be certified under section 173.391 7816 7817 H. B. No. 110 Page 252 As Introduced of the Revised Code. If the department requires this certification, the department shall not pay the provider for providing any service under that program unless the provider is certified under section 173.391 of the Revised Code and provides the services the service is in fact provided. If the department does not require this certification, the department shall not pay the provider for providing any service under that program unless the provider complies with section 173.392 of the Revised Code. 7818 7819 7820 7821 7822 7823 7824 7825 Sec. 173.391. (A) Subject to section 173.381 of the Revised Code, the department of aging or its designee shall do all of the following in accordance with Chapter 119. of the Revised Code: 7826 7827 7828 (1) Certify a provider to provide services, including community-based long-term care services, under a program the department administers if the provider satisfies the requirements for certification established by rules adopted under division (B) of this section and pays the fee, if any, established by rules adopted under division (G) of this section; 7829 7830 7831 7832 7833 7834 (2) When required to do so by rules adopted under division (B) of this section, take one or more of the following disciplinary actions against a provider certified under division (A)(1) of this section: 7835 7836 7837 7838 (a) Issue a written warning; 7839 (b) Require the submission of a plan of correction or evidence of compliance with requirements identified by the department; 7840 7841 7842 (c) Suspend referrals; 7843 (d) Remove clients; 7844 (e) Impose a fiscal sanction such as a civil monetary penalty or an order that unearned funds be repaid; 7845 7846 (f) Suspend the certification; 7847 H. B. No. 110 Page 253 As Introduced (g) Revoke the certification; 7848 (h) Impose another sanction. 7849 (3) Except as provided in division (E) of this section, hold hearings when there is a dispute between the department or its designee and a provider concerning actions the department or its designee takes regarding a decision not to certify the provider under division (A)(1) of this section or a disciplinary action under divisions (A)(2)(e) to (h) of this section. 7850 7851 7852 7853 7854 7855 (B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code establishing certification requirements and standards for determining which type of disciplinary action to take under division (A)(2) of this section in individual situations. The rules shall establish procedures for all of the following: 7856 7857 7858 7859 7860 7861 (1) Ensuring that providers comply with sections 173.38 and 173.381 of the Revised Code; 7862 7863 (2) Evaluating the services provided by the providers to ensure that the services are provided in a quality manner advantageous to the individual receiving the services; 7864 7865 7866 (3) In a manner consistent with section 173.381 of the Revised Code, determining when to take disciplinary action under division (A)(2) of this section and which disciplinary action to take; 7867 7868 7869 7870 (4) Determining what constitutes another sanction for purposes of division (A)(2)(h) of this section. 7871 7872 (C) The procedures established in rules adopted under division (B)(2) of this section shall require that all of the following be considered as part of an evaluation described in division (B)(2) of this section: 7873 7874 7875 7876 (1) The provider's experience and financial responsibility; 7877 H. B. No. 110 Page 254 As Introduced (2) The provider's ability to comply with standards for the services, including community-based long-term care services, that the provider provides under a program the department administers; 7878 7879 7880 (3) The provider's ability to meet the needs of the individuals served; 7881 7882 (4) Any other factor the director considers relevant. 7883 (D) The rules adopted under division (B)(3) of this section shall specify that the reasons disciplinary action may be taken under division (A)(2) of this section include good cause, including misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, financial irresponsibility, or other conduct the director determines is injurious, or poses a threat, to the health or safety of individuals being served. 7884 7885 7886 7887 7888 7889 7890 (E) Subject to division (F) of this section, the department is not required to hold hearings under division (A)(3) of this section if any of the following conditions apply: 7891 7892 7893 (1) Rules adopted by the director of aging pursuant to this chapter require the provider to be a party to a provider agreement; hold a license, certificate, or permit; or maintain a certification, any of which is required or issued by a state or federal government entity other than the department of aging, and either of the following is the case: 7894 7895 7896 7897 7898 7899 (a) The provider agreement has not been entered into or the license, certificate, permit, or certification has not been obtained or maintained. 7900 7901 7902 (b) The provider agreement, license, certificate, permit, or certification has been denied, revoked, not renewed, or suspended or has been otherwise restricted. 7903 7904 7905 (2) The provider's certification under this section has been denied, suspended, or revoked for any of the following reasons: 7906 7907 H. B. No. 110 Page 255 As Introduced (a) A government entity of this state, other than the department of aging, has terminated or refused to renew any of the following held by, or has denied any of the following sought by, a provider: a provider agreement, license, certificate, permit, or certification. Division (E)(2)(a) of this section applies regardless of whether the provider has entered into a provider agreement in, or holds a license, certificate, permit, or certification issued by, another state. 7908 7909 7910 7911 7912 7913 7914 7915 (b) The provider or a principal owner or manager of the provider who provides direct care has entered a guilty plea for, or has been convicted of, an offense materially related to the medicaid program. 7916 7917 7918 7919 (c) A principal owner or manager of the provider who provides direct care has entered a guilty plea for, been convicted of, or been found eligible for intervention in lieu of conviction for an offense listed or described in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code, but only if the provider, principal owner, or manager does not meet standards specified by the director in rules adopted under section 173.38 of the Revised Code. 7920 7921 7922 7923 7924 7925 7926 7927 (d) The department or its designee is required by section 173.381 of the Revised Code to deny or revoke the provider's certification. 7928 7929 7930 (e) The United States department of health and human services has taken adverse action against the provider and that action impacts the provider's participation in the medicaid program. 7931 7932 7933 (f) The provider has failed to enter into or renew a provider agreement with the PASSPORT administrative agency, as that term is defined in section 173.42 of the Revised Code, that administers programs on behalf of the department of aging in the region of the state in which the provider is certified to provide services. 7934 7935 7936 7937 7938 H. B. No. 110 Page 256 As Introduced (g) The provider has not billed or otherwise submitted a claim to the department for payment under the medicaid program in at least two years. 7939 7940 7941 (h) The provider denied or failed to provide the department or its designee access to the provider's facilities during the provider's normal business hours for purposes of conducting an audit or structural compliance review. 7942 7943 7944 7945 (i) The provider has ceased doing business. 7946 (j) The provider has voluntarily relinquished its certification for any reason. 7947 7948 (3) The provider's provider agreement with the department of medicaid has been suspended under section 5164.36 of the Revised Code. 7949 7950 7951 (4) The provider's provider agreement with the department of medicaid is denied or revoked because the provider or its owner, officer, authorized agent, associate, manager, or employee has been convicted of an offense that caused the provider agreement to be suspended under section 5164.36 of the Revised Code. 7952 7953 7954 7955 7956 (F) If the department does not hold hearings when any condition described in division (E) of this section applies, the department shall send a notice to the provider describing a decision not to certify the provider under division (A)(1) of this section or the disciplinary action the department is taking under divisions (A)(2)(e) to (h) of this section. The notice shall be sent to the provider's address that is on record with the department and may be sent by regular mail. 7957 7958 7959 7960 7961 7962 7963 7964 (G) The director of aging may adopt rules in accordance with Chapter 119. of the Revised Code establishing a fee to be charged by the department of aging or its designee for certification issued under this section. 7965 7966 7967 7968 H. B. No. 110 Page 257 As Introduced (H) Any amounts collected by the department or its designee under this section shall be deposited in the state treasury to the credit of the provider certification fund, which is hereby created. Money credited to the fund shall be used to pay for services, including community-based long-term care services, to pay for administrative costs associated with provider certification under this section, and to pay for administrative costs related to the publication of the Ohio long-term care consumer guide. 7969 7970 7971 7972 7973 7974 7975 7976 7977 Sec. 173.392. (A) The In the case of a provider that the department of aging under section 173.39 of the Revised Code has not required to be certified under section 173.391 of the Revised Code, the department of aging may pay a the provider for providing services, including community-based long-term care services, under a program the department administers, even though the provider is not certified under section 173.391 of the Revised Code, but only if all of the following are the case: 7978 7979 7980 7981 7982 7983 7984 7985 (1) The provider has a contract with the department of aging or the department's designee to provide the services in accordance with the contract or has received a grant from the department or its designee to provide the services in accordance with a grant agreement; 7986 7987 7988 7989 7990 (2) The contract or grant agreement includes detailed conditions of participation for the provider and service standards that the provider is required to satisfy; 7991 7992 7993 (3) The provider complies with the contract or grant agreement; 7994 7995 (4) The contract or grant is not for medicaid-funded services, other than services provided under the PACE program administered by the department of aging under section 173.50 of the Revised Code. 7996 7997 7998 7999 H. B. No. 110 Page 258 As Introduced (B)(1) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing both of the following: 8000 8001 8002 (a) Contracts and grant agreements between the department of aging or its designee and providers; 8003 8004 (b) The department's payment for services, including community-based long-term care services, under this section. 8005 8006 (2) The rules adopted under this section shall be consistent with section 173.381 of the Revised Code. 8007 8008 Sec. 173.393. (A) Except as provided in division (B) of this section, the records of an evaluation conducted in accordance with rules adopted under division (B)(2) of section 173.391 of the Revised Code are public records for purposes of section 149.43 of the Revised Code and shall be made available on request of any person, including individuals receiving or seeking any services, including community-based long-term care services, under a program the department of aging administers. 8009 8010 8011 8012 8013 8014 8015 8016 (B) A part of a record of an evaluation that is otherwise available as a public record under division (A) of this section is not available as a public record if its release would violate a federal or state statute, regulation, or rule, including regulations adopted by the United States department of health and human services to implement the health information privacy provisions of the "Health Insurance Portability and Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended. 8017 8018 8019 8020 8021 8022 8023 8024 8025 Sec. 174.01. As used in this chapter: 8026 (A) "Financial assistance" means grants, loans, loan guarantees, an equity position in a project, or loan subsidies. 8027 8028 H. B. No. 110 Page 259 As Introduced (B) "Grant" means funding the department of development services agency or the Ohio housing finance agency provides for which the relevant agency does not require repayment. 8029 8030 8031 (C) "Housing" means housing for owner-occupancy and multifamily rental housing. 8032 8033 (D) "Housing for owner-occupancy" means housing that is intended for occupancy by an owner as a principal residence. "Housing for owner-occupancy" may be any type of structure and may be owned in any type of ownership. 8034 8035 8036 8037 (E) "Housing trust fund" means the low- and moderate-income housing trust fund created and administered pursuant to Chapter 174. of the Revised Code. 8038 8039 8040 (F) "Lending institution" means any financial institution qualified to conduct business in this state, a subsidiary corporation that is wholly owned by a financial institution qualified to conduct business in this state, and a mortgage lender whose regular business is originating, servicing, or brokering real estate loans and who is qualified to do business in this state. 8041 8042 8043 8044 8045 8046 8047 (G) "Loan" means any extension of credit or other form of financing or indebtedness directly or indirectly to a borrower with the expectation that it will be repaid in accordance with the terms of the underlying loan agreement or other pertinent document. "Loan" includes financing extended to lending institutions and indebtedness purchased from lending institutions. 8048 8049 8050 8051 8052 8053 (H) "Loan guarantee" means any agreement in favor of a lending institution or other lender in which the credit and resources of the housing trust fund are pledged to secure the payment or collection of financing extended to a borrower for the acquisition, construction, improvement, rehabilitation or preservation of housing, or to refinance any financing previously 8054 8055 8056 8057 8058 8059 H. B. No. 110 Page 260 As Introduced extended for those purposes by any lender. 8060 (I) "Loan subsidy" means any deposit of funds into a lending institution with the authorization or direction that the income or revenues the deposit earns, or could have earned at competitive rates, be applied directly or indirectly to the benefit of housing assistance or financial assistance. 8061 8062 8063 8064 8065 (J) "Low- and moderate-income persons" means individuals and families who qualify as low- and moderate-income persons pursuant to guidelines the development services agency department establishes. 8066 8067 8068 8069 (K) "Multifamily rental housing" means multiple unit housing intended for rental occupancy. 8070 8071 (L) "Nonprofit organization" means a nonprofit organization in good standing and qualified to conduct business in this state including any corporation whose members are members of a metropolitan housing authority. 8072 8073 8074 8075 (M) "Department of development" means the development services agency and "director of development" means the director of development services. 8076 8077 8078 Sec. 174.02. (A) The low- and moderate-income housing trust fund is hereby created in the state treasury. The fund consists of all appropriations made to the fund, housing trust fund fees collected by county recorders pursuant to section 317.36 of the Revised Code and deposited into the fund pursuant to section 319.63 of the Revised Code, and all grants, gifts, loan repayments, and contributions of money made from any source to the department of development services agency for deposit in the fund. All investment earnings of the fund shall be credited to the fund. The director of development services shall allocate a portion of the money in the fund to an account of the Ohio housing finance 8079 8080 8081 8082 8083 8084 8085 8086 8087 8088 8089 H. B. No. 110 Page 261 As Introduced agency. The development services agency department shall administer the fund. The Ohio housing finance agency shall use money allocated to it for implementing and administering its programs and duties under sections 174.03 and 174.05 of the Revised Code, and the development services agency department shall use the remaining money in the fund for implementing and administering its programs and duties under sections 174.03 to 174.06 of the Revised Code. Use of all money drawn from the fund is subject to the following restrictions: 8090 8091 8092 8093 8094 8095 8096 8097 8098 (1)(a) Not more than five per cent of the current year appropriation authority for the fund shall be allocated between grants to community development corporations for the community development corporation grant program and grants and loans to the Ohio community development finance fund, a private nonprofit corporation. 8099 8100 8101 8102 8103 8104 (b) In any year in which the amount in the fund exceeds one hundred thousand dollars and at least that much is allocated for the uses described in this section, not less than one hundred thousand dollars shall be used to provide training, technical assistance, and capacity building assistance to nonprofit development organizations. 8105 8106 8107 8108 8109 8110 (2) Not more than ten per cent of any current year appropriation authority for the fund shall be used for the emergency shelter housing grants program to make grants to private, nonprofit organizations and municipal corporations, counties, and townships for emergency shelter housing for the homeless and emergency shelter facilities serving unaccompanied youth seventeen years of age and younger. The grants shall be distributed pursuant to rules the director adopts and qualify as matching funds for funds obtained pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378. 8111 8112 8113 8114 8115 8116 8117 8118 8119 8120 (3) In any fiscal year in which the amount in the fund 8121 H. B. No. 110 Page 262 As Introduced exceeds the amount awarded pursuant to division (A)(1)(b) of this section by at least two hundred fifty thousand dollars, at least two hundred fifty thousand dollars from the fund shall be provided to the department of aging for the resident services coordinator program as established in section 173.08 of the Revised Code. 8122 8123 8124 8125 8126 (4) Of all current year appropriation authority for the fund, not more than five per cent shall be used for administration. 8127 8128 (5) Not less than forty-five per cent of the funds awarded during any one fiscal year shall be for grants and loans to nonprofit organizations under section 174.03 of the Revised Code. 8129 8130 8131 (6) Not less than fifty per cent of the funds awarded during any one fiscal year, excluding the amounts awarded pursuant to divisions (A)(1), (2), and (7) of this section, shall be for grants and loans for activities that provide housing and housing assistance to families and individuals in rural areas and small cities that are not eligible to participate as a participating jurisdiction under the "HOME Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721. 8132 8133 8134 8135 8136 8137 8138 8139 (7) No money in the fund shall be used to pay for any legal services other than the usual and customary legal services associated with the acquisition of housing. 8140 8141 8142 (8) Money in the fund may be used as matching money for federal funds received by the state, counties, municipal corporations, and townships for the activities listed in section 174.03 of the Revised Code. 8143 8144 8145 8146 (B) If, after the second quarter of any year, it appears to the director of development services that the full amount of the money in the fund designated in that year for activities that provide housing and housing assistance to families and individuals in rural areas and small cities under division (A) of this section will not be used for that purpose, the director may reallocate all 8147 8148 8149 8150 8151 8152 H. B. No. 110 Page 263 As Introduced or a portion of that amount for other housing activities. In determining whether or how to reallocate money under this division, the director may consult with and shall receive advice from the housing trust fund advisory committee. 8153 8154 8155 8156 Sec. 183.021. (A) No money from the tobacco master settlement agreement fund, as that fund existed prior to the repeal of section 183.02 of the Revised Code by H.B. 119 of the 127th general assembly, shall be expended to do any of the following: 8157 8158 8159 8160 8161 (1) Hire an executive agency lobbyist, as defined under section 121.60 of the Revised Code, or a legislative agent, as defined under section 101.70 of the Revised Code; 8162 8163 8164 (2) Support or oppose candidates, ballot questions, referendums, or ballot initiatives. 8165 8166 (B) Nothing in this section prohibits either of the following the members or employees of the third frontier commission or the members of the third frontier advisory board from advocating on behalf of the specific objectives of a program funded under this chapter: 8167 8168 8169 8170 8171 (1) The members of the board of trustees, executive director, or employees of the southern Ohio agricultural and community development foundation; 8172 8173 8174 (2) The members or employees of the third frontier commission or the members of the third frontier advisory board. 8175 8176 Sec. 183.18. (A) Ohio's public health priorities fund is hereby created in the state treasury. All investment earnings of the fund shall be credited to the fund. Notwithstanding any conflicting provision of the Revised Code, the director of budget and management may credit to the fund any money received by the state, director of health, or department of health as part of a 8177 8178 8179 8180 8181 8182 H. B. No. 110 Page 264 As Introduced settlement agreement relating to a pressing public health issue. The director of budget and management may also credit to the fund any grant, gift, devise, bequest, or contribution made to the state to support public health. 8183 8184 8185 8186 (B) Money credited to the fund shall be used by the director of health for the following purposes: 8187 8188 (1) To conduct public health awareness and educational campaigns; 8189 8190 (2) To address any pressing public health issue identified by the director or described in the state health improvement plan or a successor document prepared for the department of health; 8191 8192 8193 (3) To implement and administer innovative public health programs and prevention strategies; 8194 8195 (4) To improve the population health of Ohio. 8196 The director may collaborate with one or more nonprofit entities, including a public health foundation, to meet the requirements of division (B) of this section. 8197 8198 8199 Sec. 183.33. No money shall be appropriated or transferred from the general revenue fund to the law enforcement improvements trust fund, southern Ohio agricultural and community development foundation endowment fund, biomedical research and technology transfer trust fund, or education technology trust fund. 8200 8201 8202 8203 8204 Sec. 184.01. (A) There is hereby created the third frontier commission in the department of development services agency. The purpose of the commission is to coordinate and administer science and technology programs to promote the welfare of the people of the state and to maximize the economic growth of the state through expansion of both of the following: 8205 8206 8207 8208 8209 8210 (1) The state's high technology research and development 8211 H. B. No. 110 Page 265 As Introduced capabilities; 8212 (2) The state's product and process innovation and commercialization. 8213 8214 (B)(1) The commission shall consist of eleven members: the director of development services, the chancellor of the Ohio board of regents higher education, the governor's science and technology advisor, the chief investment officer of the nonprofit corporation formed under section 187.01 of the Revised Code, and seven persons appointed by the governor with the advice and consent of the senate. 8215 8216 8217 8218 8219 8220 8221 (2) Of the seven persons appointed by the governor, one shall represent the central region, which is composed of the counties of Delaware, Fairfield, Fayette, Franklin, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Ross, and Union; one shall represent the west central region, which is composed of the counties of Champaign, Clark, Darke, Greene, Miami, Montgomery, Preble, and Shelby; one shall represent the northeast region, which is composed of the counties of Ashland, Ashtabula, Carroll, Crawford, Columbiana, Cuyahoga, Erie, Geauga, Holmes, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne; one shall represent the northwest region, which is composed of the counties of Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry, Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Wood, and Wyandot; one shall represent the southeast region, which shall represent the counties of Adams, Athens, Belmont, Coshocton, Gallia, Guernsey, Harrison, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Pike, Scioto, Vinton, and Washington; one shall represent the southwest region, which is composed of the counties of Butler, Brown, Clermont, Clinton, Hamilton, Highland, and Warren; and one shall represent the public at large. Of the initial appointments, two shall be for one year, 8222 8223 8224 8225 8226 8227 8228 8229 8230 8231 8232 8233 8234 8235 8236 8237 8238 8239 8240 8241 8242 8243 H. B. No. 110 Page 266 As Introduced two shall be for two years, and two shall be for three years as assigned by the governor. Thereafter, appointments shall be for three-year terms. Members may be reappointed and vacancies shall be filled in the same manner as appointments. A person must have a background in business or research in order to be eligible for appointment to the commission. 8244 8245 8246 8247 8248 8249 (3) The governor shall select a chairperson from among the members, who shall serve in that role at the pleasure of the governor. Sections 101.82 to 101.87 of the Revised Code do not apply to the commission. 8250 8251 8252 8253 (C) The commission shall meet at least once during each quarter of the calendar year or at the call of the chairperson. A majority of all members of the commission constitutes a quorum, and no action shall be taken without the concurrence of a majority of the members. 8254 8255 8256 8257 8258 (D) The commission shall administer any money that may be appropriated to it by the general assembly. The commission may use such money for research and commercialization and for any other purposes that may be designated by the commission. 8259 8260 8261 8262 (E) The development services agency department shall provide office space and facilities for the commission. Administrative costs associated with the operation of the commission or with any program or activity administered by the commission shall be paid from amounts appropriated to the commission or to the agency department for such purposes. 8263 8264 8265 8266 8267 8268 (F) The attorney general shall serve as the legal representative for the commission and may appoint other counsel as necessary for that purpose in accordance with section 109.07 of the Revised Code. 8269 8270 8271 8272 (G) Members of the commission shall serve without compensation, but shall receive their reasonable and necessary 8273 8274 H. B. No. 110 Page 267 As Introduced expenses incurred in the conduct of commission business. 8275 (H) Members of the commission shall file financial disclosure statements described in division (B) of section 102.02 of the Revised Code. 8276 8277 8278 Sec. 184.173. The third frontier commission shall conduct the outreach activities described in sections 184.171 and 184.172 of the Revised Code in conjunction with the EDGE program created under section 123.152122.922 of the Revised Code. 8279 8280 8281 8282 Sec. 307.921. From any contracts to be awarded under sections 307.86 to 307.92 of the Revised Code, the contracting authority, as defined in section 307.92 of the Revised Code, may develop a policy to assist minority business enterprises, as defined in sections 122.71 and 123.151122.921 of the Revised Code. 8283 8284 8285 8286 8287 Sec. 319.54. (A) On all moneys collected by the county treasurer on any tax duplicate of the county, other than estate tax duplicates, and on all moneys received as advance payments of personal property and classified property taxes, the county auditor, on settlement with the treasurer and tax commissioner, on or before the date prescribed by law for such settlement or any lawful extension of such date, shall be allowed as compensation for the county auditor's services the following percentages: 8288 8289 8290 8291 8292 8293 8294 8295 (1) On the first one hundred thousand dollars, two and one-half per cent; 8296 8297 (2) On the next two million dollars, eight thousand three hundred eighteen ten-thousandths of one per cent; 8298 8299 (3) On the next two million dollars, six thousand six hundred fifty-five ten-thousandths of one per cent; 8300 8301 (4) On all further sums, one thousand six hundred sixty-three ten-thousandths of one per cent. 8302 8303 H. B. No. 110 Page 268 As Introduced If any settlement is not made on or before the date prescribed by law for such settlement or any lawful extension of such date, the aggregate compensation allowed to the auditor shall be reduced one per cent for each day such settlement is delayed after the prescribed date. No penalty shall apply if the auditor and treasurer grant all requests for advances up to ninety per cent of the settlement pursuant to section 321.34 of the Revised Code. The compensation allowed in accordance with this section on settlements made before the dates prescribed by law, or the reduced compensation allowed in accordance with this section on settlements made after the date prescribed by law or any lawful extension of such date, shall be apportioned ratably by the auditor and deducted from the shares or portions of the revenue payable to the state as well as to the county, townships, municipal corporations, and school districts. 8304 8305 8306 8307 8308 8309 8310 8311 8312 8313 8314 8315 8316 8317 8318 (B) For the purpose of reimbursing county auditors for the expenses associated with the increased number of applications for reductions in real property taxes under sections 323.152 and 4503.065 of the Revised Code that result from the amendment of those sections by Am. Sub. H.B. 119 of the 127th general assembly, there shall be paid from the state's general revenue fund to the county treasury, to the credit of the real estate assessment fund created by section 325.31 of the Revised Code, an amount equal to one per cent of the total annual amount of property tax relief reimbursement paid to that county under sections 323.156 and 4503.068 of the Revised Code for the preceding tax year. Payments made under this division shall be made at the same times and in the same manner as payments made under section 323.156 of the Revised Code. 8319 8320 8321 8322 8323 8324 8325 8326 8327 8328 8329 8330 8331 8332 (C) From all moneys collected by the county treasurer on any tax duplicate of the county, other than estate tax duplicates, and on all moneys received as advance payments of personal property 8333 8334 8335 H. B. No. 110 Page 269 As Introduced and classified property taxes, there shall be paid into the county treasury to the credit of the real estate assessment fund created by section 325.31 of the Revised Code, an amount to be determined by the county auditor, which shall not exceed the percentages prescribed in divisions (C)(1) and (2) of this section. 8336 8337 8338 8339 8340 (1) For payments made after June 30, 2007, and before 2011, the following percentages: 8341 8342 (a) On the first five hundred thousand dollars, four per cent; 8343 8344 (b) On the next five million dollars, two per cent; 8345 (c) On the next five million dollars, one per cent; 8346 (d) On all further sums not exceeding one hundred fifty million dollars, three-quarters of one per cent; 8347 8348 (e) On amounts exceeding one hundred fifty million dollars, five hundred eighty-five thousandths of one per cent. 8349 8350 (2) For payments made in or after 2011, the following percentages: 8351 8352 (a) On the first five hundred thousand dollars, four per cent; 8353 8354 (b) On the next ten million dollars, two per cent; 8355 (c) On amounts exceeding ten million five hundred thousand dollars, three-fourths of one per cent. 8356 8357 Such compensation shall be apportioned ratably by the auditor and deducted from the shares or portions of the revenue payable to the state as well as to the county, townships, municipal corporations, and school districts. 8358 8359 8360 8361 (D) Each county auditor shall receive four per cent of the amount of tax collected and paid into the county treasury, on property omitted and placed by the county auditor on the tax 8362 8363 8364 H. B. No. 110 Page 270 As Introduced duplicate. 8365 (E) On all estate tax moneys collected by the county treasurer, the county auditor, on settlement annually with the tax commissioner, shall be allowed, as compensation for the auditor's services under Chapter 5731. of the Revised Code, the following percentages: 8366 8367 8368 8369 8370 (1) Four per cent on the first one hundred thousand dollars; 8371 (2) One-half of one per cent on all additional sums. 8372 Such percentages shall be computed upon two per cent of the amount collected and reported at each annual settlement that year in excess of refunds distributed, and shall be for the use of the general fund of the county. 8373 8374 8375 8376 (F) On all cigarette license moneys collected by the county treasurer, the county auditor, on settlement semiannually with the treasurer, shall be allowed as compensation for the auditor's services in the issuing of such licenses one-half of one per cent of such moneys, to be apportioned ratably and deducted from the shares of the revenue payable to the county and subdivisions, for the use of the general fund of the county. 8377 8378 8379 8380 8381 8382 8383 (G) The county auditor shall charge and receive fees as follows: 8384 8385 (1) For deeds of land sold for taxes to be paid by the purchaser, five dollars; 8386 8387 (2) For the transfer or entry of land, lot, or part of lot, or the transfer or entry on or after January 1, 2000, of a used manufactured home or mobile home as defined in section 5739.0210 of the Revised Code, fifty cents for each transfer or entry, to be paid by the person requiring it; 8388 8389 8390 8391 8392 (3) For receiving statements of value and administering section 319.202 of the Revised Code, one dollar, or ten cents for 8393 8394 H. B. No. 110 Page 271 As Introduced each one hundred dollars or fraction of one hundred dollars, whichever is greater, of the value of the real property transferred or, for sales occurring on or after January 1, 2000, the value of the used manufactured home or used mobile home, as defined in section 5739.0210 of the Revised Code, transferred, except no fee shall be charged when the transfer is made: 8395 8396 8397 8398 8399 8400 (a) To or from the United States, this state, or any instrumentality, agency, or political subdivision of the United States or this state; 8401 8402 8403 (b) Solely in order to provide or release security for a debt or obligation; 8404 8405 (c) To confirm or correct a deed previously executed and recorded or when a current owner on any record made available to the general public on the internet or a publicly accessible database and the general tax list of real and public utility property and the general duplicate of real and public utility property is a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, EMT, or investigator of the bureau of criminal identification and investigation and is changing the current owner name listed on any record made available to the general public on the internet or a publicly accessible database and the general tax list of real and public utility property and the general duplicate of real and public utility property to the initials of the current owner as prescribed in division (B)(1) of section 319.28 of the Revised Code; 8406 8407 8408 8409 8410 8411 8412 8413 8414 8415 8416 8417 8418 8419 8420 (d) To evidence a gift, in trust or otherwise and whether revocable or irrevocable, between husband and wife, or parent and child or the spouse of either; 8421 8422 8423 (e) On sale for delinquent taxes or assessments; 8424 (f) Pursuant to court order, to the extent that such transfer 8425 H. B. No. 110 Page 272 As Introduced is not the result of a sale effected or completed pursuant to such order; 8426 8427 (g) Pursuant to a reorganization of corporations or unincorporated associations or pursuant to the dissolution of a corporation, to the extent that the corporation conveys the property to a stockholder as a distribution in kind of the corporation's assets in exchange for the stockholder's shares in the dissolved corporation; 8428 8429 8430 8431 8432 8433 (h) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock; 8434 8435 8436 (i) By lease, whether or not it extends to mineral or mineral rights, unless the lease is for a term of years renewable forever; 8437 8438 (j) When the value of the real property or the manufactured or mobile home or the value of the interest that is conveyed does not exceed one hundred dollars; 8439 8440 8441 (k) Of an occupied residential property, including a manufactured or mobile home, being transferred to the builder of a new residence or to the dealer of a new manufactured or mobile home when the former residence is traded as part of the consideration for the new residence or new manufactured or mobile home; 8442 8443 8444 8445 8446 8447 (l) To a grantee other than a dealer in real property or in manufactured or mobile homes, solely for the purpose of, and as a step in, the prompt sale of the real property or manufactured or mobile home to others; 8448 8449 8450 8451 (m) To or from a person when no money or other valuable and tangible consideration readily convertible into money is paid or to be paid for the real estate or manufactured or mobile home and the transaction is not a gift; 8452 8453 8454 8455 H. B. No. 110 Page 273 As Introduced (n) Pursuant to division (B) of section 317.22 of the Revised Code, or section 2113.61 of the Revised Code, between spouses or to a surviving spouse pursuant to section 5302.17 of the Revised Code as it existed prior to April 4, 1985, between persons pursuant to section 5302.17 or 5302.18 of the Revised Code on or after April 4, 1985, to a person who is a surviving, survivorship tenant pursuant to section 5302.17 of the Revised Code on or after April 4, 1985, or pursuant to section 5309.45 of the Revised Code; 8456 8457 8458 8459 8460 8461 8462 8463 (o) To a trustee acting on behalf of minor children of the deceased; 8464 8465 (p) Of an easement or right-of-way when the value of the interest conveyed does not exceed one thousand dollars; 8466 8467 (q) Of property sold to a surviving spouse pursuant to section 2106.16 of the Revised Code; 8468 8469 (r) To or from an organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such transfer is without consideration and is in furtherance of the charitable or public purposes of such organization; 8470 8471 8472 8473 8474 (s) Among the heirs at law or devisees, including a surviving spouse, of a common decedent, when no consideration in money is paid or to be paid for the real property or manufactured or mobile home; 8475 8476 8477 8478 (t) To a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust; 8479 8480 (u) To the grantor of a trust by a trustee of the trust, when the transfer is made to the grantor pursuant to the exercise of the grantor's power to revoke the trust or to withdraw trust assets; 8481 8482 8483 8484 (v) To the beneficiaries of a trust if the fee was paid on 8485 H. B. No. 110 Page 274 As Introduced the transfer from the grantor of the trust to the trustee or if the transfer is made pursuant to trust provisions which became irrevocable at the death of the grantor; 8486 8487 8488 (w) To a corporation for incorporation into a sports facility constructed pursuant to section 307.696 of the Revised Code; 8489 8490 (x) Between persons pursuant to section 5302.18 of the Revised Code; 8491 8492 (y) From a county land reutilization corporation organized under Chapter 1724. of the Revised Code, or its wholly owned subsidiary, to a third party. 8493 8494 8495 (4) For the cost of publishing the delinquent manufactured home tax list, the delinquent tax list, and the delinquent vacant land tax list, a flat fee, as determined by the county auditor, to be charged to the owner of a home on the delinquent manufactured home tax list or the property owner of land on the delinquent tax list or the delinquent vacant land tax list. 8496 8497 8498 8499 8500 8501 The auditor shall compute and collect the fee. The auditor shall maintain a numbered receipt system, as prescribed by the tax commissioner, and use such receipt system to provide a receipt to each person paying a fee. The auditor shall deposit the receipts of the fees on conveyances in the county treasury daily to the credit of the general fund of the county, except that fees charged and received under division (G)(3) of this section for a transfer of real property to a county land reutilization corporation shall be credited to the county land reutilization corporation fund established under section 321.263 of the Revised Code. 8502 8503 8504 8505 8506 8507 8508 8509 8510 8511 The real property transfer fee provided for in division (G)(3) of this section shall be applicable to any conveyance of real property presented to the auditor on or after January 1, 1968, regardless of its time of execution or delivery. 8512 8513 8514 8515 The transfer fee for a used manufactured home or used mobile 8516 H. B. No. 110 Page 275 As Introduced home shall be computed by and paid to the county auditor of the county in which the home is located immediately prior to the transfer. 8517 8518 8519 Sec. 321.27. (A) On settlement annually with the county auditor, the county treasurer shall be allowed as fees on all moneys collected by the treasurer on estate tax duplicates the following percentages: three per cent on the first one hundred thousand dollars; two per cent on the next one hundred thousand dollars; five tenths per cent on all additional sums. Such percentages shall be computed upon of the amount collected and reported at each annual settlement that year in excess of refunds distributed, and shall be for the use of the general fund of the county. 8520 8521 8522 8523 8524 8525 8526 8527 8528 8529 (B) On settlement semiannually with the county auditor, the county treasurer shall be allowed as fees on all cigarette license moneys collected by the treasurer one-half per cent on the amount received, to be paid upon the warrant of the auditor and apportioned ratably and deducted from the shares of revenue payable to the county and subdivisions of the county under section 5743.15 of the Revised Code, for the use of the general fund of the county. 8530 8531 8532 8533 8534 8535 8536 8537 Sec. 329.12. (A) A county department of job and family services may establish an individual development account program for residents of the county. The program shall provide for establishment of accounts for participants and acceptance of contributions from individuals and entities, including the county department, to be used as matching funds for deposit in the accounts. 8538 8539 8540 8541 8542 8543 8544 (B) A county department shall select a fiduciary organization to administer its individual development account program. In 8545 8546 H. B. No. 110 Page 276 As Introduced selecting a fiduciary organization, the department shall consider all of the following regarding the organization: 8547 8548 (1) Its ability to market the program to potential participants and matching fund contributors; 8549 8550 (2) Its ability to invest money in the accounts in a way that provides for return with minimal risk of loss; 8551 8552 (3) Its overall administrative capacity, including the ability to verify eligibility of individuals for participation in the program, prevent unauthorized use of matching contributions, and enforce any penalties for unauthorized uses that may be provided for by rule adopted by the director of job and family services under section 5101.971 of the Revised Code; 8553 8554 8555 8556 8557 8558 (4) Its ability to provide financial counseling to participants; 8559 8560 (5) Its affiliation with other activities designed to increase the independence of individuals and families through postsecondary education, home ownership, and business development; 8561 8562 8563 (6) Any other factor the county department considers appropriate. 8564 8565 (C) At the time it commences the program and on the first day of each subsequent program year, the county department may make a grant to the fiduciary organization to pay all or part of the administrative costs of the program. 8566 8567 8568 8569 (D) The county department shall require the fiduciary organization to collect and maintain information regarding the program, including all of the following: 8570 8571 8572 (1) The number of accounts established; 8573 (2) The amount deposited by each participant and the amount matched by contributions; 8574 8575 (3) The uses of funds withdrawn from the account, including 8576 H. B. No. 110 Page 277 As Introduced the number of participants who used funds for postsecondary educational expenses and the institutions attended, the number of personal residences purchased, and the number of participants who used funds for business capitalization; 8577 8578 8579 8580 (4) The demographics of program participants; 8581 (5) The number of participants who withdrew from the program and the reasons for withdrawal. 8582 8583 (E) The county department shall prepare and file with the department of job and family services a semiannual report containing the information the director of job and family services requires by rule adopted under section 5101.971 of the Revised Code, with the first report being filed at the end of the six-month period following October 1, 1997. 8584 8585 8586 8587 8588 8589 Sec. 340.13. (A) As used in this section: 8591 (1) "Minority business enterprise" has the same meaning as in section 122.71 of the Revised Code. 8592 8593 (2) "EDGE business enterprise" has the same meaning as in section 123.152122.922 of the Revised Code. 8594 8595 (B) Any minority business enterprise that desires to bid on a contract under division (C) of this section shall first apply to the equal employment opportunity coordinator in the department of administrative servicesdepartment of development for certification as a minority business enterprise. Any EDGE business enterprise that desires to bid on a contract under division (D) of this section shall first apply to the equal employment opportunity coordinator of the department of administrative servicesdepartment of development for certification as an EDGE business enterprise. The coordinatordirector of development shall approve the application of any minority business enterprise or EDGE business enterprise that complies with the rules adopted under section 8596 8597 8598 8599 8600 8601 8602 8603 8604 8605 8606 8607 H. B. No. 110 Page 278 As Introduced 122.71 or 123.152122.922 of the Revised Code, respectively. The coordinatordirector shall prepare and maintain a list of minority business enterprises and EDGE business enterprises certified under those sections. 8608 8609 8610 8611 (C) From the contracts to be awarded for the purchases of equipment, materials, supplies, or services, other than contracts entered into under section 340.036 of the Revised Code, each board of alcohol, drug addiction, and mental health services shall select a number of contracts with an aggregate value of approximately fifteen per cent of the total estimated value of contracts to be awarded in the current fiscal year. The board shall set aside the contracts so selected for bidding by minority business enterprises only. The bidding procedures for such contracts shall be the same as for all other contracts awarded under section 307.86 of the Revised Code, except that only minority business enterprises certified and listed pursuant to division (B) of this section shall be qualified to submit bids. 8612 8613 8614 8615 8616 8617 8618 8619 8620 8621 8622 8623 8624 (D) To the extent that a board is authorized to enter into contracts for construction, the board shall strive to attain a yearly contract dollar procurement goal the aggregate value of which equals approximately five per cent of the aggregate value of construction contracts for the current fiscal year for EDGE business enterprises only. 8625 8626 8627 8628 8629 8630 (E)(1) In the case of contracts set aside under division (C) of this section, if no bid is submitted by a minority business enterprise, the contract shall be awarded according to normal bidding procedures. The board shall from time to time set aside such additional contracts as are necessary to replace those contracts previously set aside on which no minority business enterprise bid. 8631 8632 8633 8634 8635 8636 8637 (2) If a board, after having made a good faith effort, is unable to comply with the goal of procurement for contracting with 8638 8639 H. B. No. 110 Page 279 As Introduced EDGE business enterprises pursuant to division (D) of this section, the board may apply in writing, on a form prescribed by the department of administrative services, to the director of mental health and addiction services for a waiver or modification of the goal. 8640 8641 8642 8643 8644 (F) This section does not preclude any minority business enterprise or EDGE business enterprise from bidding on any other contract not specifically set aside for minority business enterprises or subject to procurement goals for EDGE business enterprises. 8645 8646 8647 8648 8649 (G) Within ninety days after the beginning of each fiscal year, each board shall file a report with the department of mental health and addiction services that shows for that fiscal year the name of each minority business enterprise and EDGE business enterprise with which the board entered into a contract, the value and type of each such contract, the total value of contracts awarded under divisions (C) and (D) of this section, the total value of contracts awarded for the purchases of equipment, materials, supplies, or services, other than contracts entered into under section 340.036 of the Revised Code, and the total value of contracts entered into for construction. 8650 8651 8652 8653 8654 8655 8656 8657 8658 8659 8660 (H) Any person who intentionally misrepresents self as owning, controlling, operating, or participating in a minority business enterprise or an EDGE business enterprise for the purpose of obtaining contracts or any other benefits under this section shall be guilty of theft by deception as provided for in section 2913.02 of the Revised Code. 8661 8662 8663 8664 8665 8666 Sec. 901.171. (A) The department of agriculture may promote the use of Ohio-produced agricultural goods, including natural spring water, through the issuance of logotypes to qualified producers and processors under a promotional certification program 8667 8668 8669 8670 H. B. No. 110 Page 280 As Introduced to be developed and administered by the division of markets. 8671 (B) Pursuant to rules adopted under Chapter 119. of the Revised Code, the department may establish reasonable fees and criteria for participation in the program. All such fees shall be credited to the general revenue Ohio proud, international, and domestic market development fund created in section 901.20 of the Revised Code and used to finance the program. 8672 8673 8674 8675 8676 8677 (C) The department may sell merchandise that promotes the certification program. The director of agriculture shall deposit all proceeds from the sales of merchandise in the state treasury to the credit of the Ohio proud, international, and domestic market development fund. 8678 8679 8680 8681 8682 Sec. 901.91. The director of agriculture may assess the operating funds of the department of agriculture to pay a share of the department's central support and administrative costs. The assessments shall be based on a plan that the director develops and submits to the director of budget and management not later than the fifteenth day of July of the fiscal year in which the assessments are to be made. If the director of budget and management determines that the assessments proposed in the plan are appropriate, the director shall approve the plan. Assessments shall be paid from the funds designated in the plan and credited by means of intrastate transfer voucher to the department of agriculture central support indirect costs fund, which is hereby created in the state treasury. The fund shall be administered by the director of agriculture and used to pay central ssupport and administrative costs of the department of agriculture. 8683 8684 8685 8686 8687 8688 8689 8690 8691 8692 8693 8694 8695 8696 8697 Sec. 921.02. (A) No person shall distribute a pesticide within this state unless the pesticide is registered with the director of agriculture under this chapter. Registrations shall be 8698 8699 8700 H. B. No. 110 Page 281 As Introduced issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. Registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at that plant or warehouse as a constituent part to make a pesticide that is registered under this chapter, or if the pesticide is distributed under the provisions of an experimental use permit issued under section 921.03 of the Revised Code or an experimental use permit issued by the United States environmental protection agency. 8701 8702 8703 8704 8705 8706 8707 8708 8709 8710 (B) The applicant for registration of a pesticide shall file a statement with the director on a form provided by the director, which shall include all of the following: 8711 8712 8713 (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's name; 8714 8715 8716 (2) The brand and product name of the pesticide; 8717 (3) Any necessary information required for completion of the department of agriculture's application for registration, including the agency registration number; 8718 8719 8720 (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in the federal act. 8721 8722 8723 8724 (C) The director, when the director considers it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide including the active and inert ingredients. 8725 8726 8727 8728 (D) The director may require a full description of the tests made and the results thereof upon which the claims are based for 8729 8730 H. B. No. 110 Page 282 As Introduced any pesticide. The director shall not consider any data submitted in support of an application, without permission of the applicant, in support of any other application for registration unless the other applicant first has offered to pay reasonable compensation for producing the test data to be relied upon and the data are not protected from disclosure by section 921.04 of the Revised Code. In the case of a renewal of registration, a statement shall be required only with respect to information that is different from that furnished when the pesticide was registered or last registered. 8731 8732 8733 8734 8735 8736 8737 8738 8739 8740 (E) The director may require any other information to be submitted with an application. 8741 8742 Any applicant may designate any portion of the required registration information as a trade secret or confidential business information. Upon receipt of any required registration information designated as a trade secret or confidential business information, the director shall consider the designated information as confidential and shall not reveal or cause to be revealed any such designated information without the consent of the applicants, except to persons directly involved in the registration process described in this section or as required by law. 8743 8744 8745 8746 8747 8748 8749 8750 8751 8752 (F) Beginning January 1, 2007, each Each applicant shall pay a registration and inspection an application fee of one two hundred fifty dollars for each product name and brand registered for the company whose name appears on the label. If an applicant files for a renewal of registration after the deadline established by rule, the applicant shall pay a penalty fee of seventy-five dollars for each product name and brand registered for the applicant. The penalty fee shall be added to the original fee and paid before the renewal registration is issued. In If the director does not issue or renew a registration, the director shall retain 8753 8754 8755 8756 8757 8758 8759 8760 8761 8762 H. B. No. 110 Page 283 As Introduced the application fee as payment for the reasonable expense of processing the application. 8763 8764 In addition to any other remedy available under this chapter, if a pesticide that is not registered pursuant to this section is distributed within this state, the person required to register the pesticide shall do so and shall pay a penalty fee of seventy-five dollars for each product name and brand registered for the applicant. The penalty fee shall be added to the original fee of one two hundred fifty dollars and paid before the registration is issued. 8765 8766 8767 8768 8769 8770 8771 8772 (G) Provided that the state is authorized by the administrator of the United States environmental protection agency to register pesticides to meet special local needs, the director shall require the information set forth under divisions (B), (C), (D), and (E) of this section and shall register any such pesticide after determining that all of the following conditions are met: 8773 8774 8775 8776 8777 8778 (1) Its composition is such as to warrant the proposed claims for it. 8779 8780 (2) Its labeling and other material required to be submitted comply with the requirements of the federal act and of this chapter, and rules adopted thereunder. 8781 8782 8783 (3) It will perform its intended function without unreasonable adverse effects on the environment. 8784 8785 (4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment. 8786 8787 8788 (5) The classification for general or restricted use is in conformity with the federal act. 8789 8790 The director shall not make any lack of essentiality a criterion for denying the registration of any pesticide. When two 8791 8792 H. B. No. 110 Page 284 As Introduced pesticides meet the requirements of division (G) of this section, the director shall not register one in preference to the other. 8793 8794 (H)(1) The director may refuse to register a pesticide if the application for registration fails to comply with this section. 8795 8796 (2) The director may suspend or revoke a pesticide registration after a hearing in accordance with Chapter 119. of the Revised Code for a pesticide that fails to meet the claims made for it on its label. 8797 8798 8799 8800 (3) The director may immediately suspend a pesticide registration, prior to a hearing, when the director believes that the pesticide poses an immediate hazard to human or animal health or a hazard to the environment. Not later than fifteen days after suspending the registration, the director shall determine whether the pesticide poses such a hazard. If the director determines that no hazard exists, the director shall lift the suspension of the registration. If the director determines that a hazard exists, the director shall revoke the registration in accordance with Chapter 119. of the Revised Code. 8801 8802 8803 8804 8805 8806 8807 8808 8809 8810 (I) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code. 8811 8812 8813 Sec. 1121.30. (A) All assessments, fees, charges, and forfeitures provided for in Chapters 1101. to 1127. and sections 1315.01 to 1315.18 of the Revised Code, except civil penalties assessed pursuant to section 1121.35 or 1315.152 of the Revised Code, shall be paid to the superintendent of financial institutions, and the superintendent shall deposit them into the state treasury to the credit of the banks fund, which is hereby created. 8814 8815 8816 8817 8818 8819 8820 8821 (B) The superintendent may expend or obligate the banks fund 8822 H. B. No. 110 Page 285 As Introduced to defray the costs of the division of financial institutions in administering Chapters 1101. to 1127. and sections 1315.01 to 1315.18 of the Revised Code. The superintendent shall pay from the fund all actual and necessary expenses incurred by the superintendent, including for any services rendered by the department of commerce for the division's administration of Chapters 1101. to 1127. and sections 1315.01 to 1315.18 of the Revised Code. The fund shall be assessed a proportionate share of the administrative costs of the department and the division of financial institutions. The proportionate share of the administration costs of the division of financial institutions shall be determined in accordance with procedures prescribed by the superintendent and approved by the director of budget and management. The amount assessed for the fund's proportional share of the department's administrative costs and the division's administrative costs shall be paid from the banks fund to the division of administration fund and the division of financial institutions fund respectively. 8823 8824 8825 8826 8827 8828 8829 8830 8831 8832 8833 8834 8835 8836 8837 8838 8839 8840 (C) Any money deposited into the state treasury to the credit of the banks fund, but not expended or encumbered by the superintendent to defray the costs of administering Chapters 1101. to 1127. and sections 1315.01 to 1315.18 of the Revised Code, shall remain in the banks fund for expenditures by the superintendent in subsequent years and shall not be used for any purpose other than as set forth in this section. 8841 8842 8843 8844 8845 8846 8847 Sec. 1181.06. There is hereby created in the state treasury the financial institutions fund. The fund shall receive assessments on the banks fund established under section 1121.30 of the Revised Code, the credit unions fund established under section 1733.321 of the Revised Code, and the consumer finance fund established under section 1321.21 of the Revised Code in accordance with procedures prescribed by the superintendent of 8848 8849 8850 8851 8852 8853 8854 H. B. No. 110 Page 286 As Introduced financial institutions and approved by the director of budget and management. Such assessments shall be in addition to any assessments on these funds required under division (G) of section 121.08 of the Revised Code. All operating expenses of the division of financial institutions shall be paid from the financial institutions fund. Money in the fund shall be used only for that purpose. 8855 8856 8857 8858 8859 8860 8861 Sec. 1321.21. All fees, charges, penalties, and forfeitures collected under Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37 of the Revised Code shall be paid to the superintendent of financial institutions and shall be deposited by the superintendent into the state treasury to the credit of the consumer finance fund, which is hereby created. The fund may be expended or obligated by the superintendent for the defrayment of the costs of administration of Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37 of the Revised Code by the division of financial institutions. All actual and necessary expenses incurred by the superintendent, including any services rendered by the department of commerce for the division's administration of Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37 of the Revised Code, shall be paid from the fund. The fund shall be assessed a proportionate share of the administrative costs of the department and the division. The proportionate share of the administrative costs of the division of financial institutions shall be determined in accordance with procedures prescribed by the superintendent and approved by the director of budget and management. Such assessment shall be paid from the consumer finance fund to the division of administration fund or the financial institutions fund. 8862 8863 8864 8865 8866 8867 8868 8869 8870 8871 8872 8873 8874 8875 8876 8877 8878 8879 8880 8881 8882 8883 8884 8885 Periodically, in accordance with a schedule the director 8886 H. B. No. 110 Page 287 As Introduced establishes by rule, but at least once every three months, the director of budget and management shall transfer five per cent of all charges, penalties, and forfeitures received into the consumer finance fund to the financial literacy education fund created under section 121.085 of the Revised Code. 8887 8888 8889 8890 8891 Sec. 1322.09. (A) An application for a certificate of registration shall be in writing, under oath, and in a form prescribed by the superintendent of financial institutions that complies with the requirements of the nationwide mortgage licensing system and registry. The application shall be accompanied by a nonrefundable application fee of five seven hundred fifty dollars for each location of an office to be maintained by the applicant in accordance with division (A) of section 1322.07 of the Revised Code and any additional fee required by the nationwide mortgage licensing system and registry. 8892 8893 8894 8895 8896 8897 8898 8899 8900 8901 (B) Upon the filing of the application and payment of the nonrefundable application fee and any fee required by the nationwide mortgage licensing system and registry, the superintendent shall investigate the applicant and any individual whose identity is required to be disclosed in the application. As part of that investigation, the superintendent shall conduct a civil records check. 8902 8903 8904 8905 8906 8907 8908 If, in order to issue a certificate of registration to an applicant, additional investigation by the superintendent outside this state is necessary, the superintendent may require the applicant to advance sufficient funds to pay the actual expenses of the investigation, if it appears that these expenses will exceed five hundred dollars. The superintendent shall provide the applicant with an itemized statement of the actual expenses that the applicant is required to pay. 8909 8910 8911 8912 8913 8914 8915 8916 (C) In connection with applying for a certificate of 8917 H. B. No. 110 Page 288 As Introduced registration, the applicant shall furnish to the nationwide mortgage licensing system and registry information concerning the applicant's identity, including all of the following: 8918 8919 8920 (1) The applicant's fingerprints for submission to the federal bureau of investigation, and any other governmental agency or entity authorized to receive such information, for purposes of a state, national, and international criminal history background check; 8921 8922 8923 8924 8925 (2) Personal history and experience in a form prescribed by the nationwide mortgage licensing system and registry, along with authorization for the superintendent and the nationwide mortgage licensing system and registry to obtain both of the following: 8926 8927 8928 8929 (a) An independent credit report from a consumer reporting agency; 8930 8931 (b) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. 8932 8933 (D) The superintendent shall pay all funds advanced and application and renewal fees and penalties the superintendent receives pursuant to this section and section 1322.10 of the Revised Code to the treasurer of state to the credit of the consumer finance fund created in section 1321.21 of the Revised Code. 8934 8935 8936 8937 8938 8939 (E) If an application for a certificate of registration does not contain all of the information required under this section, and if that information is not submitted to the superintendent or to the nationwide mortgage licensing system and registry within ninety days after the superintendent or the nationwide mortgage licensing system and registry requests the information in writing, including by electronic transmission or facsimile, the superintendent may consider the application withdrawn. 8940 8941 8942 8943 8944 8945 8946 8947 (F) A certificate of registration and the authority granted 8948 H. B. No. 110 Page 289 As Introduced under that certificate is not transferable or assignable and cannot be franchised by contract or any other means. 8949 8950 (G)(1) The superintendent may establish relationships or enter into contracts with the nationwide mortgage licensing system and registry, or any entities designated by it, to collect and maintain records and process transaction fees or other fees related to mortgage lender, mortgage servicer, or mortgage broker certificates of registration or the persons associated with a mortgage lender, mortgage servicer, or mortgage broker. 8951 8952 8953 8954 8955 8956 8957 (2) For purposes of this section and to reduce the points of contact that the federal bureau of investigation may have to maintain, the division of financial institutions may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States department of justice or other governmental agencies. 8958 8959 8960 8961 8962 8963 8964 (3) For purposes of this section and to reduce the points of contact that the division may have to maintain, the division may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to any source as determined by the division. 8965 8966 8967 8968 8969 Sec. 1322.10. (A) Upon the conclusion of the investigation required under division (B) of section 1322.09 of the Revised Code, the superintendent of financial institutions shall issue a certificate of registration to the applicant if the superintendent finds that the following conditions are met: 8970 8971 8972 8973 8974 (1) The application is accompanied by the application fee and any fee required by the nationwide mortgage licensing system and registry. 8975 8976 8977 (a) If a check or other draft instrument is returned to the 8978 H. B. No. 110 Page 290 As Introduced superintendent for insufficient funds, the superintendent shall notify the applicant by certified mail, return receipt requested, that the application will be withdrawn unless the applicant, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the superintendent. If the applicant does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the application shall be withdrawn. 8979 8980 8981 8982 8983 8984 8985 8986 8987 8988 (b) If a check or other draft instrument is returned to the superintendent for insufficient funds after the certificate of registration has been issued, the superintendent shall notify the registrant by certified mail, return receipt requested, that the certificate of registration issued in reliance on the check or other draft instrument will be canceled unless the registrant, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the superintendent. If the registrant does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the certificate of registration shall be canceled immediately without a hearing, and the registrant shall cease activity as a mortgage broker. 8989 8990 8991 8992 8993 8994 8995 8996 8997 8998 8999 9000 9001 9002 (2) If the application is for a location that is a residence, evidence that the use of the residence to transact business as a mortgage lender or mortgage broker is not prohibited. 9003 9004 9005 (3) The applicant maintains all necessary filings and approvals required by the secretary of state. 9006 9007 (4) The applicant complies with the surety bond requirements of section 1322.32 of the Revised Code. 9008 9009 H. B. No. 110 Page 291 As Introduced (5) The applicant has not made a material misstatement of fact or material omission of fact in the application. 9010 9011 (6) Neither the applicant nor any person whose identity is required to be disclosed on an application for a certificate of registration has had such a certificate of registration or mortgage loan originator license, or any comparable authority, revoked in any governmental jurisdiction or has pleaded guilty or nolo contendere to or been convicted of any of the following in a domestic, foreign, or military court: 9012 9013 9014 9015 9016 9017 9018 (a) During the seven-year period immediately preceding the date of application for the certificate of registration, a misdemeanor involving theft or any felony; 9019 9020 9021 (b) At any time prior to the date the application for the certificate of registration is approved, a felony involving an act of fraud, dishonesty, a breach of trust, theft, or money laundering. 9022 9023 9024 9025 (7) The applicant's operations manager successfully completed the examination required by section 1322.27 of the Revised Code. 9026 9027 (8) The applicant's financial responsibility, experience, character, and general fitness command the confidence of the public and warrant the belief that the business will be operated honestly, fairly, and efficiently in compliance with the purposes of this chapter and the rules adopted thereunder. The superintendent shall not use a credit score or a bankruptcy as the sole basis for registration denial. 9028 9029 9030 9031 9032 9033 9034 (B) For purposes of determining whether an applicant that is a partnership, corporation, or other business entity or association has met the conditions set forth in divisions (A)(6) and (8) of this section, the superintendent shall determine which partners, shareholders, or persons named in the application must meet those conditions. This determination shall be based on the 9035 9036 9037 9038 9039 9040 H. B. No. 110 Page 292 As Introduced extent and nature of the partner's, shareholder's, or person's ownership interest in the partnership, corporation, or other business entity or association that is the applicant and on whether the person is in a position to direct, control, or adversely influence the operations of the applicant. 9041 9042 9043 9044 9045 (C) The certificate of registration issued pursuant to division (A) of this section may be renewed annually on or before the thirty-first day of December if the superintendent finds that all of the following conditions are met: 9046 9047 9048 9049 (1) The renewal application is accompanied by a nonrefundable renewal fee of five seven hundred fifty dollars for each location of an office to be maintained by the applicant in accordance with division (A) of section 1322.07 of the Revised Code and any fee required by the nationwide mortgage licensing system and registry. If a check or other draft instrument is returned to the superintendent for insufficient funds, the superintendent shall notify the registrant by certified mail, return receipt requested, that the certificate of registration renewed in reliance on the check or other draft instrument will be canceled unless the registrant, within thirty days after receipt of the notice, submits the renewal fee and a one-hundred-dollar penalty to the superintendent. If the registrant does not submit the renewal fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the certificate of registration shall be canceled immediately without a hearing and the registrant shall cease activity as a mortgage broker. 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 (2) The operations manager designated under section 1322.12 of the Revised Code has completed at least eight hours of continuing education as required under section 1322.28 of the Revised Code. 9068 9069 9070 9071 (3) The applicant meets the conditions set forth in divisions 9072 H. B. No. 110 Page 293 As Introduced (A)(2) to (8) of this section. 9073 (4) The applicant's certificate of registration is not subject to an order of suspension or an unpaid and past due fine imposed by the superintendent. 9074 9075 9076 (D)(1) Subject to division (D)(2) of this section, if a renewal fee or additional fee required by the nationwide mortgage licensing system and registry is received by the superintendent after the thirty-first day of December, the certificate of registration shall not be considered renewed, and the applicant shall cease activity as a mortgage lender or mortgage broker. 9077 9078 9079 9080 9081 9082 (2) Division (D)(1) of this section shall not apply if the applicant, not later than forty-five days after the renewal deadline, submits the renewal fee or additional fee and a one-hundred-dollar one-hundred-fifty-dollar penalty to the superintendent. 9083 9084 9085 9086 9087 (E) Certificates of registration issued under this chapter annually expire on the thirty-first day of December. 9088 9089 (F) The pardon or expungement of a conviction shall not be considered a conviction for purposes of this section. When determining the eligibility of an applicant, the superintendent may consider the underlying crime, facts, or circumstances connected with a pardoned or expunged conviction. 9090 9091 9092 9093 9094 (G) If the renewal fees billed by the superintendent pursuant to division (C) of this section and division (B) of section 1322.21 of the Revised Code are less than the estimated expenditures of the consumer finance section of the division of financial institutions, as determined by the superintendent, for the following fiscal year, the superintendent may assess each registrant at a rate sufficient to equal in the aggregate of the difference between the renewal fees billed and the estimated expenditures. Each registrant shall pay the assessed amount to the 9095 9096 9097 9098 9099 9100 9101 9102 9103 H. B. No. 110 Page 294 As Introduced superintendent prior to the last day of June. In no case shall the assessment exceed one cent per one hundred dollars of Ohio transaction volume for a twelve-month period, as defined by the superintendent. If an assessment is imposed under this division, it shall not be less than five hundred dollars per registrant and shall not exceed thirty thousand dollars for any registrant. 9104 9105 9106 9107 9108 9109 Sec. 1322.20. (A) An application for a license as a mortgage loan originator shall be in writing, under oath, and in a form prescribed by the superintendent of financial institutions that complies with the requirements of the nationwide mortgage licensing system and registry. The application shall be accompanied by a nonrefundable application fee of one two hundred fifty dollars and any additional fee required by the nationwide mortgage licensing system and registry. 9110 9111 9112 9113 9114 9115 9116 9117 (B)(1) The application shall provide evidence, acceptable to the superintendent, that the applicant has successfully completed at least twenty-four hours of pre-licensing instruction consisting of all of the following: 9118 9119 9120 9121 (a) Twenty hours of instruction in an approved education course; 9122 9123 (b) Four hours of instruction in a course or program of study reviewed and approved by the superintendent concerning Ohio lending laws and the Ohio consumer sales practices act, Chapter 1345. of the Revised Code, as it applies to registrants and licensees. 9124 9125 9126 9127 9128 (2) If an applicant held a valid mortgage loan originator license issued by this state at any time during the immediately preceding five-year period, the applicant shall not be required to complete any additional pre-licensing instruction. For this purpose, any time during which the individual is a registered mortgage loan originator shall not be taken into account. 9129 9130 9131 9132 9133 9134 H. B. No. 110 Page 295 As Introduced (3) A person having successfully completed the pre-licensing education requirement reviewed and approved by the nationwide mortgage licensing system and registry for any state within the previous five years shall be granted credit toward completion of the pre-licensing education requirement of this state. 9135 9136 9137 9138 9139 (C) In addition to the information required under division (B) of this section, the application shall provide both of the following: 9140 9141 9142 (1) Evidence that the applicant passed a written test that meets the requirements described in section 1322.27 of the Revised Code; 9143 9144 9145 (2) Any further information that the superintendent requires. 9146 (D) Upon the filing of the application and payment of the application fee and any fee required by the nationwide mortgage licensing system and registry, the superintendent of financial institutions shall investigate the applicant. As part of that investigation, the superintendent shall conduct a civil records check. 9147 9148 9149 9150 9151 9152 If, in order to issue a license to an applicant, additional investigation by the superintendent outside this state is necessary, the superintendent may require the applicant to advance sufficient funds to pay the actual expenses of the investigation, if it appears that these expenses will exceed five hundred dollars. The superintendent shall provide the applicant with an itemized statement of the actual expenses that the applicant is required to pay. 9153 9154 9155 9156 9157 9158 9159 9160 (E) In connection with applying for a loan originator license, the applicant shall furnish to the nationwide mortgage licensing system and registry information concerning the applicant's identity, including all of the following: 9161 9162 9163 9164 (1) The applicant's fingerprints for submission to the 9165 H. B. No. 110 Page 296 As Introduced federal bureau of investigation, and any other governmental agency or entity authorized to receive such information, for purposes of a state, national, and international criminal history background check; 9166 9167 9168 9169 (2) Personal history and experience in a form prescribed by the nationwide mortgage licensing system and registry, along with authorization for the superintendent and the nationwide mortgage licensing system and registry to obtain both of the following: 9170 9171 9172 9173 (a) An independent credit report from a consumer reporting agency; 9174 9175 (b) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. 9176 9177 (F) The superintendent shall pay all funds advanced and application and renewal fees and penalties the superintendent receives pursuant to this section and section 1322.21 of the Revised Code to the treasurer of state to the credit of the consumer finance fund created in section 1321.21 of the Revised Code. 9178 9179 9180 9181 9182 9183 (G) If an application for a mortgage loan originator license does not contain all of the information required under this section, and if that information is not submitted to the superintendent or to the nationwide mortgage licensing system and registry within ninety days after the superintendent or the nationwide mortgage licensing system and registry requests the information in writing, including by electronic transmission or facsimile, the superintendent may consider the application withdrawn. 9184 9185 9186 9187 9188 9189 9190 9191 9192 (H)(1) The superintendent may establish relationships or enter into contracts with the nationwide mortgage licensing system and registry, or any entities designated by it, to collect and maintain records and process transaction fees or other fees 9193 9194 9195 9196 H. B. No. 110 Page 297 As Introduced related to mortgage loan originator licenses or the persons associated with a licensee. 9197 9198 (2) For purposes of this section and to reduce the points of contact that the federal bureau of investigation may have to maintain, the division of financial institutions may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States department of justice or other governmental agencies. 9199 9200 9201 9202 9203 9204 9205 (3) For purposes of this section and to reduce the points of contact that the division may have to maintain, the division may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to any source as determined by the division. 9206 9207 9208 9209 9210 (I) A mortgage loan originator license, or the authority granted under that license, is not assignable or transferable. 9211 9212 Sec. 1322.21. (A) Upon the conclusion of the investigation required under division (C) of section 1322.20 of the Revised Code, the superintendent of financial institutions shall issue a mortgage loan originator license to the applicant if the superintendent finds that the following conditions are met: 9213 9214 9215 9216 9217 (1) The application is accompanied by the application fee and any fee required by the nationwide mortgage licensing system and registry. 9218 9219 9220 (a) If a check or other draft instrument is returned to the superintendent for insufficient funds, the superintendent shall notify the applicant by certified mail, return receipt requested, that the application will be withdrawn unless the applicant, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the 9221 9222 9223 9224 9225 9226 H. B. No. 110 Page 298 As Introduced superintendent. If the applicant does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the application shall be withdrawn. 9227 9228 9229 9230 9231 (b) If a check or other draft instrument is returned to the superintendent for insufficient funds after the license has been issued, the superintendent shall notify the licensee by certified mail, return receipt requested, that the license issued in reliance on the check or other draft instrument will be canceled unless the licensee, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the superintendent. If the licensee does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the license shall be canceled immediately without a hearing, and the licensee shall cease activity as a loan originator. 9232 9233 9234 9235 9236 9237 9238 9239 9240 9241 9242 9243 9244 (2) The applicant has not made a material misstatement of fact or material omission of fact in the application. 9245 9246 (3) The applicant has not been convicted of or pleaded guilty or nolo contendere to any of the following in a domestic, foreign, or military court: 9247 9248 9249 (a) During the seven-year period immediately preceding the date of application for the license, a misdemeanor involving theft or any felony; 9250 9251 9252 (b) At any time prior to the date the application for the license is approved, a felony involving an act of fraud, dishonesty, a breach of trust, theft, or money laundering. 9253 9254 9255 (4) The applicant completed the prelicensing instruction set forth in division (B) of section 1322.20 of the Revised Code. 9256 9257 H. B. No. 110 Page 299 As Introduced (5) The applicant's financial responsibility, character, and general fitness command the confidence of the public and warrant the belief that the business will be operated honestly and fairly in compliance with the purposes of this chapter. The superintendent shall not use a credit score or bankruptcy as the sole basis for a license denial. 9258 9259 9260 9261 9262 9263 (6) The applicant is in compliance with the surety bond requirements of section 1322.32 of the Revised Code. 9264 9265 (7) The applicant has not had a mortgage loan originator license, or comparable authority, revoked in any governmental jurisdiction. 9266 9267 9268 (B) The license issued under division (A) of this section may be renewed annually on or before the thirty-first day of December if the superintendent finds that all of the following conditions are met: 9269 9270 9271 9272 (1) The renewal application is accompanied by a nonrefundable renewal fee of one two hundred fifty dollars and any fee required by the nationwide mortgage licensing system and registry. If a check or other draft instrument is returned to the superintendent for insufficient funds, the superintendent shall notify the licensee by certified mail, return receipt requested, that the license renewed in reliance on the check or other draft instrument will be canceled unless the licensee, within thirty days after receipt of the notice, submits the renewal fee and a one-hundred-dollar penalty to the superintendent. If the licensee does not submit the renewal fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the license shall be canceled immediately without a hearing, and the licensee shall cease activity as a loan originator. 9273 9274 9275 9276 9277 9278 9279 9280 9281 9282 9283 9284 9285 9286 9287 9288 H. B. No. 110 Page 300 As Introduced (2) The applicant has completed at least eight hours of continuing education as required under section 1322.28 of the Revised Code. 9289 9290 9291 (3) The applicant meets the conditions set forth in divisions (A)(2) to (7) of this section. 9292 9293 (4) The applicant's license is not subject to an order of suspension or an unpaid and past due fine imposed by the superintendent. 9294 9295 9296 (C)(1) Subject to division (C)(2) of this section, if a license renewal application fee, including any fee required by the nationwide mortgage licensing system and registry, is received by the superintendent after the thirty-first day of December, the license shall not be considered renewed, and the applicant shall cease activity as a mortgage loan originator. 9297 9298 9299 9300 9301 9302 (2) Division (C)(1) of this section shall not apply if the applicant, not later than forty-five days after the renewal deadline, submits the renewal application and any other required fees and a one-hundred-dollar one-hundred-fifty-dollar penalty to the superintendent. 9303 9304 9305 9306 9307 (D) Mortgage originator licenses annually expire on the thirty-first day of December. 9308 9309 (E) The pardon or expungement of a conviction shall not be considered a conviction for purposes of this section. When determining the eligibility of an applicant, the superintendent may consider the underlying crime, facts, or circumstances connected with a pardoned or expunged conviction. 9310 9311 9312 9313 9314 Sec. 1327.501. (A) No person shall operate in this state a commercially used weighing and measuring device that provides the quantity or cost of a final transaction and for which a fee is established in division (G) of this section unless the operator of 9315 9316 9317 9318 H. B. No. 110 Page 301 As Introduced the device obtains a permit issued by the director of agriculture or the director's designee. 9319 9320 (B) An application for a permit A person shall be submitted submit a permit application to the director on a form that the director prescribes and provides. The applicant shall include with the application any information that is specified on the application form as well as the application fee established in this section. 9321 9322 9323 9324 9325 9326 (C) Upon receipt of a completed application and the required fee from an applicant, the director or the director's designee shall issue or deny the permit to operate the commercially used weighing and measuring device that was the subject of the application. 9327 9328 9329 9330 9331 (D) A permit issued under this section expires on the thirtieth day of June of the year following its issuance and may be renewed annually on or before the first day of July of that year upon payment of a permit renewal fee established in this section. 9332 9333 9334 9335 9336 (E) If a permit renewal fee is more than sixty days past due, the director may assess a late penalty in an amount established under this section. 9337 9338 9339 (F) The director shall do both of the following: 9340 (1) Establish procedures and requirements governing the issuance or denial of permits under this section; 9341 9342 (2) Establish late penalties to be assessed for the late payment of a permit renewal fee and fees for the replacement of lost or destroyed permits. 9343 9344 9345 (G) An applicant for a permit to operate under this section shall pay an application fee in the following applicable amount: 9346 9347 (1) Seventy-five One hundred dollars for a livestock scale; 9348 H. B. No. 110 Page 302 As Introduced (2) Seventy-five One hundred dollars for a vehicle scale; 9349 (3) Seventy-five One hundred dollars for a railway scale; 9350 (4) Seventy-five One hundred dollars for a vehicle tank meter; 9351 9352 (5) Seventy-five One hundred dollars for a bulk rack meter; 9353 (6) Seventy-five One hundred dollars for an LPG meter. 9354 A person who is issued a permit under this section and who seeks to renew that permit shall pay an annual permit renewal fee. The amount of a permit renewal fee shall be equal to the application fee for that permit established in this division. 9355 9356 9357 9358 (H) All money collected through the payment of fees and the imposition of penalties under this section shall be credited to the metrology and scale certification and device permitting fund created in section 1327.511 of the Revised Code. 9359 9360 9361 9362 Sec. 1503.03. The chief of the division of forestry shall cooperate with all state operated universities and the department of agriculture. The chief, with the approval of the director of natural resources, may purchase or acquire by gift, donations, or contributions any interest in land suitable for forestry purposes. The chief may enter into agreements with the federal government or other agencies for the acquisition, by lease, purchase, or otherwise, of such lands as in the judgment of the chief and director are desirable for state forests, building sites, or nursery lands. The chief may expend funds, not otherwise obligated, for the management, development, and utilization of such lands. 9363 9364 9365 9366 9367 9368 9369 9370 9371 9372 9373 9374 The chief, with the approval of the director of natural resources, may acquire by lease, purchase, gift, or otherwise, in the name of the state, forested or other lands in the state suitable for the growth of forest trees to the amount of the 9375 9376 9377 9378 H. B. No. 110 Page 303 As Introduced appropriation for that purpose. The chief shall prepare and submit to the director of natural resources maps and descriptions of such areas including and adjacent to the existing state forest lands, the lands within which, not at the time belonging to the state, are properly subject to purchase as state forest lands for reasons of protection, utilization, and administration. When such an area is approved by the director of natural resources, it shall be known as a state forest purchase area and the map and description, with the approval of the director of natural resources indorsed thereon, shall be filed in duplicate with the auditor of state director of administrative services and the attorney general. 9379 9380 9381 9382 9383 9384 9385 9386 9387 9388 9389 All lands purchased for forest purposes shall be deeded to the state, but the purchase price of such lands shall not be paid until the title thereof has been approved by the attorney general. The price of such lands shall not exceed the appropriation for such purposes. 9390 9391 9392 9393 9394 Sec. 1503.05. (A) The chief of the division of forestry may sell timber and other forest products from the state forest and, state forest nurseries, and federal lands in accordance with the terms of an agreement under section 1503.271 of the Revised Code whenever the chief considers such a sale desirable and, with. With the approval of the attorney general and the director of natural resources, the chief may sell portions of the state forest lands when such a sale is advantageous to the state. 9395 9396 9397 9398 9399 9400 9401 9402 (B) Except as otherwise provided in this section, a timber sale agreement shall not be executed unless the person or governmental entity bidding on the sale executes and files a surety bond conditioned on completion of the timber sale in accordance with the terms of the agreement in an amount determined by the chief. All bonds shall be given in a form prescribed by the chief and shall run to the state as obligee. 9403 9404 9405 9406 9407 9408 9409 H. B. No. 110 Page 304 As Introduced The chief shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by the attorney in fact thereof, with a certified copy of the power of attorney attached. The chief shall not approve the bond unless there is attached a certificate of the superintendent of insurance that the company is authorized to transact a fidelity and surety business in this state. 9410 9411 9412 9413 9414 9415 9416 In lieu of a bond, the bidder may deposit any of the following: 9417 9418 (1) Cash in an amount equal to the amount of the bond; 9419 (2) United States government securities having a par value equal to or greater than the amount of the bond; 9420 9421 (3) Negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state having a par value equal to or greater than the amount of the bond. 9422 9423 9424 9425 The cash or securities shall be deposited on the same terms as bonds. If one or more certificates of deposit are deposited in lieu of a bond, the chief shall require the bank that issued any of the certificates to pledge securities of the aggregate market value equal to the amount of the certificate or certificates that is in excess of the amount insured by the federal deposit insurance corporation. The securities to be pledged shall be those designated as eligible under section 135.18 of the Revised Code. The securities shall be security for the repayment of the certificate or certificates of deposit. 9426 9427 9428 9429 9430 9431 9432 9433 9434 9435 Immediately upon a deposit of cash, securities, certificates of deposit, or letters of credit, the chief shall deliver them to the treasurer of state, who shall hold them in trust for the purposes for which they have been deposited. The treasurer of state is responsible for the safekeeping of the deposits. A bidder 9436 9437 9438 9439 9440 H. B. No. 110 Page 305 As Introduced making a deposit of cash, securities, certificates of deposit, or letters of credit may withdraw and receive from the treasurer of state, on the written order of the chief, all or any portion of the cash, securities, certificates of deposit, or letters of credit upon depositing with the treasurer of state cash, other United States government securities, or other negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state, equal in par value to the par value of the cash, securities, certificates of deposit, or letters of credit withdrawn. 9441 9442 9443 9444 9445 9446 9447 9448 9449 9450 A bidder may demand and receive from the treasurer of state all interest or other income from any such securities or certificates as it becomes due. If securities so deposited with and in the possession of the treasurer of state mature or are called for payment by their issuer, the treasurer of state, at the request of the bidder who deposited them, shall convert the proceeds of the redemption or payment of the securities into other United States government securities, negotiable certificates of deposit, or cash as the bidder designates. 9451 9452 9453 9454 9455 9456 9457 9458 9459 When the chief finds that a person or governmental agency has failed to comply with the conditions of the person's or governmental agency's bond, the chief shall make a finding of that fact and declare the bond, cash, securities, certificates, or letters of credit forfeited. The chief thereupon shall certify the total forfeiture to the attorney general, who shall proceed to collect the amount of the bond, cash, securities, certificates, or letters of credit. 9460 9461 9462 9463 9464 9465 9466 9467 In lieu of total forfeiture, the surety, at its option, may cause the timber sale to be completed or pay to the treasurer of state the cost thereof. 9468 9469 9470 All moneys money collected as a result of forfeitures of bonds, cash, securities, certificates, and letters of credit under 9471 9472 H. B. No. 110 Page 306 As Introduced this section shall be credited to the state forest fund created in this section. 9473 9474 (C) The chief may grant easements and leases on portions of the state forest lands and state forest nurseries under terms that are advantageous to the state, and the chief may grant mineral rights on a royalty basis on those lands and nurseries, with the approval of the attorney general and the director. 9475 9476 9477 9478 9479 (D) All moneys money received from the sale of state forest lands, or in payment for easements or leases on or as rents from those lands or from state forest nurseries, shall be paid into the state treasury to the credit of the state forest fund, which is hereby created. In addition, all moneys money received from federal grants, payments, and reimbursements, from the sale of reforestation tree stock, from the sale of forest products, other than standing timber, and from the sale of minerals taken from the state forest lands and state forest nurseries, together with royalties from mineral rights, shall be paid into the state treasury to the credit of the state forest fund. Any other revenues derived from the operation of the state forests and related facilities or equipment also shall be paid into the state treasury to the credit of the state forest fund, as shall contributions received for the issuance of Smokey Bear license plates under section 4503.574 of the Revised Code and any other moneys money required by law to be deposited in the fund. Any revenue generated from agreements entered into under section 1503.271 of the Revised Code shall be deposited in the fund. 9480 9481 9482 9483 9484 9485 9486 9487 9488 9489 9490 9491 9492 9493 9494 9495 9496 9497 9498 The state forest fund shall not be expended for any purpose other than the administration, operation, maintenance, development, or utilization of the state forests, forest nurseries, and forest programs,; for facilities or equipment incident to them,; for the further purchase of lands for state forest or forest nursery purposes, or; for wildfire suppression 9499 9500 9501 9502 9503 9504 H. B. No. 110 Page 307 As Introduced payments and,; for fire prevention purposes in the case of contributions received pursuant to section 4503.574 of the Revised Code, for fire prevention purposes; or for forest management projects associated with federal lands in the case of revenues received pursuant to agreements entered into under section 1503.271 of the Revised Code. 9505 9506 9507 9508 9509 9510 (E) All moneys money received from the sale of standing timber taken from state forest lands and state forest nurseries shall be deposited into the state treasury to the credit of the forestry holding account redistribution fund, which is hereby created. The moneys money shall remain in the fund until they are redistributed in accordance with this division. 9511 9512 9513 9514 9515 9516 The redistribution shall occur at least once each year. To begin the redistribution, the chief first shall determine the amount of all standing timber sold from state forest lands and state forest nurseries, together with the amount of the total sale proceeds, in each county, in each township within the county, and in each school district within the county. The chief next shall determine the amount of the direct costs that the division of forestry incurred in association with the sale of that standing timber. The amount of the direct costs shall be subtracted from the amount of the total sale proceeds and shall be transferred from the forestry holding account redistribution fund to the state forest fund. 9517 9518 9519 9520 9521 9522 9523 9524 9525 9526 9527 9528 The remaining amount of the total sale proceeds equals the net value of the standing timber that was sold. The chief shall determine the net value of standing timber sold from state forest lands and state forest nurseries in each county, in each township within the county, and in each school district within the county and shall send to each county treasurer a copy of the determination at the time that moneys are money is paid to the county treasurer under this division. 9529 9530 9531 9532 9533 9534 9535 9536 H. B. No. 110 Page 308 As Introduced Thirty-five per cent of the net value of standing timber sold from state forest lands and state forest nurseries located in a county shall be transferred from the forestry holding account redistribution fund to the state forest fund. The remaining sixty-five per cent of the net value shall be transferred from the forestry holding account redistribution fund and paid to the county treasurer for the use of the general fund of that county. 9537 9538 9539 9540 9541 9542 9543 The county auditor shall do all of the following: 9544 (1) Retain for the use of the general fund of the county one-fourth of the amount received by the county under division (D)(E) of this section; 9545 9546 9547 (2) Pay into the general fund of any township located within the county and containing such lands and nurseries one-fourth of the amount received by the county from standing timber sold from lands and nurseries located in the township; 9548 9549 9550 9551 (3) Request the board of education of any school district located within the county and containing such lands and nurseries to identify which fund or funds of the district should receive the moneys money available to the school district under division (D)(3)(E)(3) of this section. After receiving notice from the board, the county auditor shall pay into the fund or funds so identified one-half of the amount received by the county from standing timber sold from lands and nurseries located in the school district, distributed proportionately as identified by the board. 9552 9553 9554 9555 9556 9557 9558 9559 9560 9561 The division of forestry shall not supply logs, lumber, or other forest products or minerals, taken from the state forest lands or state forest nurseries, to any other agency or subdivision of the state unless payment is made therefor in the amount of the actual prevailing value thereof. This section is applicable to the moneys money so received. 9562 9563 9564 9565 9566 9567 H. B. No. 110 Page 309 As Introduced (E)(F) The chief may enter into a personal service contract for consulting services to assist the chief with the sale of timber or other forest products and related inventory. Compensation for consulting services shall be paid from the proceeds of the sale of timber or other forest products and related inventory that are the subject of the personal service contract. 9568 9569 9570 9571 9572 9573 9574 Sec. 1503.141. (A) As used in this section, "firefighting agency" and "private fire company" have the same meanings as in section 9.60 of the Revised Code. 9575 9576 9577 (B) Each fiscal year, the director of natural resources or the director's designee shall designate not more than two hundred thousand dollars in the state forest fund created in section 1503.05 of the Revised Code for wildfire suppression payments. The amount designated shall consist only of money credited to the fund from the sale of standing timber taken from state forest lands as set forth in that section. 9578 9579 9580 9581 9582 9583 9584 (C) The director or the director's designee may use money designated for wildfire suppression payments to reimburse firefighting agencies and private fire companies for their costs incurred in the suppression of wildfires in counties within fire protection areas established under section 1503.08 of the Revised Code where there is a state forest or national forest, or portion thereof. The director or the director's designee may provide such reimbursement in additional counties. The director or the director's designee shall provide such reimbursement pursuant to agreements and contracts entered into under section 1503.14 of the Revised Code and in accordance with the following schedule: 9585 9586 9587 9588 9589 9590 9591 9592 9593 9594 9595 (A)(1) For wildfire suppression on private land, an initial seventy-dollar payment to the firefighting agency or private fire company; 9596 9597 9598 H. B. No. 110 Page 310 As Introduced (B)(2) For wildfire suppression on land under the administration or care of the department of natural resources or on land that is part of any national forest administered by the United States department of agriculture forest service, an initial one-hundred-dollar payment to the firefighting agency or private fire company; 9599 9600 9601 9602 9603 9604 (C)(3) For any wildfire suppression on land specified in division (A)(C)(1) or (B)(2) of this section lasting more than two hours, an additional payment of thirty-five dollars per hour. 9605 9606 9607 As used in this section, "firefighting agency" and "private fire company" have the same meanings as in section 9.60 of the Revised Code (D) For wildfire suppression, prescribed fire assistance, or emergency response support to federal agencies, the division may reimburse costs in addition to the amounts set forth in division (C) of this section provided those costs are eligible in accordance with an agreement under section 1503.27 of the Revised Code. 9608 9609 9610 9611 9612 9613 9614 9615 Sec. 1503.271. The chief of the division of forestry may enter into agreements with the federal government under 16 U.S.C. 2113a or other applicable federal statutes for the purpose of forest management projects, including timber sales. 9616 9617 9618 9619 Sec. 1503.33. In order to further cooperation with other states and with federal agencies, the chief of the division of forestry, with the approval of the director of natural resources, may request assistance and aid from and may provide assistance and aid to other states, groups of states, and federal agencies in the protection of forests from forest fires and may enter into agreements for that purpose. Upon the request of another state, the chief may send to or receive from that state such personnel, equipment, and supplies as may be available and appropriate for 9620 9621 9622 9623 9624 9625 9626 9627 9628 H. B. No. 110 Page 311 As Introduced use in accordance with the terms of the applicable agreement. 9629 Employees of the division this state serving outside the state under the terms of an agreement entered into under this section shall be considered as performing services within their regular employment for the purposes of compensation, pension or indemnity fund rights, workers' compensation, and other rights or benefits to which they may be entitled as incidents of their regular employment. Such employees retain personal immunity from civil liability as specified in section 9.86 of the Revised Code. 9630 9631 9632 9633 9634 9635 9636 9637 Sec. 1505.09. (A) There is hereby created in the state treasury the geological mapping fund, to be administered by the chief of the division of geological survey. Except as provided in divisions division (C) and (D) of this section, the fund shall be used for both any of the following purposes: 9638 9639 9640 9641 9642 (1) Performing the necessary field, laboratory, and administrative tasks to map and make public reports on the geology, geologic hazards, and energy and mineral resources of the state; 9643 9644 9645 9646 (2) The administration of the oil and gas leasing commission created in section 1509.71 of the Revised Code; 9647 9648 (3) To award grants to geology departments at state colleges and universities for undergraduate or graduate level research conducted at locations of geological interest in the state. The chief shall award grants at least annually, but at the chief's discretion, may award grants more frequently; 9649 9650 9651 9652 9653 (4) To provide materials such as rock and mineral kits to state elementary and secondary schools to assist students in the study of geology. 9654 9655 9656 (B) The sources of money for the fund shall include all of the following: 9657 9658 H. B. No. 110 Page 312 As Introduced (1) The mineral severance tax as specified in section 5749.02 of the Revised Code; 9659 9660 (2) Transfers made to the fund in accordance with section 6111.046 of the Revised Code; 9661 9662 (3) Contributions that a person pays to the bureau of motor vehicles to obtain "Ohio geology" license plates under section 4503.515 of the Revised Code; 9663 9664 9665 (4) The fees collected under rules adopted under section 1505.05 of the Revised Code. 9666 9667 The chief may seek federal or other money in addition to the mineral severance tax and fees to carry out the purposes of this section. If the chief receives federal money for the purposes of this section, the chief shall deposit that money into the state treasury to the credit of a fund created by the controlling board to carry out those purposes. 9668 9669 9670 9671 9672 9673 Other money received by the chief for the purposes of this section in addition to the mineral severance tax, fees, and federal money shall be credited to the geological mapping fund. 9674 9675 9676 (C) Any money transferred to the geological mapping fund in accordance with section 6111.046 of the Revised Code shall be used by the chiefs of the divisions of mineral resources management, oil and gas resources management, geological survey, and water resources in the department of natural resources for the purpose of executing their duties under sections 6111.043 to 6111.047 of the Revised Code. 9677 9678 9679 9680 9681 9682 9683 (D) The director of natural resources shall use contributions from "Ohio geology" license plates deposited into the fund for both of the following purposes in order of preference: 9684 9685 9686 (1) To award grants to geology departments at state colleges and universities for graduate level research conducted at 9687 9688 H. B. No. 110 Page 313 As Introduced locations of geological interest in the state; 9689 (2) To provide materials such as rock and mineral kits to state elementary and secondary schools to assist students in the study of geology. 9690 9691 9692 The director shall award grants at least annually, but at the director's discretion, may award grants more frequently. 9693 9694 Sec. 1509.12. (A)(1) No owner of any well person shall construct or operate a well, or permit defective casing in a well to leak fluids or gases, that causes damage to other permeable strata, underground sources of drinking water, or the surface of the land or that threatens the public health and safety or the environment. Upon 9695 9696 9697 9698 9699 9700 (2) No owner of a well shall permit defective casing in a well to leak fluids or gases. 9701 9702 (3) Upon the discovery that the casing in a well is defective or that a well was not adequately constructed, the person that constructed the well or owner of the well shall notify the chief of the division of oil and gas resources management within twenty-four hours of the discovery, and the owner shall immediately repair the casing, correct the construction inadequacies, or plug and abandon the well. 9703 9704 9705 9706 9707 9708 9709 (B) When the chief finds that a well should be plugged, the chief shall notify the person that constructed the well or owner of the well to that effect by order in writing and shall specify in the order a reasonable time within which to comply. No owner person shall fail or refuse to plug a well within the time specified in the order. Each day on which such a well remains unplugged thereafter constitutes a separate offense. 9710 9711 9712 9713 9714 9715 9716 Where the plugging method prescribed by rules adopted pursuant to section 1509.15 of the Revised Code cannot be applied 9717 9718 H. B. No. 110 Page 314 As Introduced or if applied would be ineffective in carrying out the protection that the law is meant to give, the chief may designate a different method of plugging. The abandonment report shall show the manner in which the well was plugged. 9719 9720 9721 9722 (C) In case of oil or gas wells abandoned prior to September 1, 1978, the board of county commissioners of the county in which the wells are located may submit to the electors of the county the question of establishing a special fund, by general levy, by general bond issue, or out of current funds, which shall be approved by a majority of the electors voting upon that question for the purpose of plugging the wells. The fund shall be administered by the board and the plugging of oil and gas wells shall be under the supervision of the chief, and the board shall let contracts for that purpose, provided that the fund shall not be used for the purpose of plugging oil and gas wells that were abandoned subsequent to September 1, 1978. 9723 9724 9725 9726 9727 9728 9729 9730 9731 9732 9733 9734 Sec. 1509.13. (A) No (1) Except as otherwise provided in division (A)(2) of this section and division (E)(1) of section 1509.071 of the Revised Code, no person shall plug and abandon a well without having a permit to do so issued by the chief of the division of oil and gas resources management. The permit shall be issued by the chief in accordance with this chapter and shall be valid for a period of twenty-four months from the date of issue. 9735 9736 9737 9738 9739 9740 9741 (2) The holder of a valid permit issued under section 1509.06 of the Revised Code may receive approval from an oil and gas resources inspector to plug and abandon the well associated with that permit, without obtaining the permit required under division (A) of this section, if either of the following apply: 9742 9743 9744 9745 9746 (a) The well was drilled to total depth and the well cannot or will not be completed. 9747 9748 (b) The well is a lost hole or dry hole. 9749 H. B. No. 110 Page 315 As Introduced (3) A permit holder plugging a well pursuant to division (A)(2)(a) of this section shall plug the well within thirty days of receipt of approval from the oil and gas resources inspector. 9750 9751 9752 (4) A permit holder plugging a well pursuant to division (A)(2)(b) of this section shall plug the well immediately after determining that the well is a lost hole or dry hole in accordance with rules adopted under this chapter. 9753 9754 9755 9756 (B) Application by the owner The application for a permit to plug and abandon shall be filed as many days in advance as will be necessary for an oil and gas resources inspector or, if the well is located in a coal bearing township, both a deputy mine inspector and an oil and gas resources inspector to be present at the plugging. The application shall be filed with the chief upon a form that the chief prescribes and shall contain the following information: 9757 9758 9759 9760 9761 9762 9763 9764 (1) The name and address of the owner applicant; 9765 (2) The signature of the owner applicant or the owner's applicant's authorized agent. When an authorized agent signs an application, it shall be accompanied by a certified copy of the appointment as that agent. 9766 9767 9768 9769 (3) The location of the well identified by section or lot number, city, village, township, and county; 9770 9771 (4) Designation of well by name and number; 9772 (5) The total depth of the well to be plugged; 9773 (6) The date and amount of last production from the well; 9774 (7) Other data information that the chief may require. 9775 (C) Except as otherwise provided in division (E)(2)(a) of section 1509.071 of the Revised Code, if oil or gas has been produced from the well, the application shall be accompanied by a nonrefundable fee of two hundred fifty dollars. If a well has been 9776 9777 9778 9779 H. B. No. 110 Page 316 As Introduced drilled in accordance with law and the permit is still valid, the permit holder may receive approval to plug the well from an oil and gas resources inspector so that the well can be plugged and abandoned without undue delay. Unless waived by an oil and gas resources inspector, the owner of a well or the owner's authorized representative shall notify an oil and gas resources inspector at least twenty-four hours prior to the commencement of the plugging of a well. No well shall be plugged and abandoned without an oil and gas resources inspector present unless permission has been granted by the chief. The owner of a well that has produced oil or gas shall give written notice at the same time to the owner of the land upon which the well is located and to all lessors that receive gas from the well pursuant to a lease an agreement. If the well penetrates or passes within one hundred feet of the excavations and workings of a mine, the owner of the well shall give written notice to the owner or lessee of that mine, of the well owner's intention to abandon the well and of the time when the well owner of the well will be prepared to commence plugging it. 9780 9781 9782 9783 9784 9785 9786 9787 9788 9789 9790 9791 9792 9793 9794 9795 9796 9797 9798 (D) An applicant may file a request with the chief for expedited review of an application for a permit to plug and abandon a well. The chief may refuse to accept a request for expedited review if, in the chief's judgment, acceptance of the request will prevent the issuance, within twenty-one days of filing, of permits for which applications filed under section 1509.06 of the Revised Code are pending. In addition to a complete application for a permit that meets the requirements of this section and the permit fee prescribed by this section, if applicable, a request shall be accompanied by a nonrefundable filing fee of five hundred dollars unless the chief has ordered the applicant to plug and abandon the well. When a request for expedited review is filed, the chief shall immediately begin to process the application and shall issue a permit within seven days 9799 9800 9801 9802 9803 9804 9805 9806 9807 9808 9809 9810 9811 9812 H. B. No. 110 Page 317 As Introduced of the filing of the request unless the chief, by order, denies the application. 9813 9814 (E) This (1) Except as otherwise provided in division (E)(2) of this section, any person undertaking the plugging of a well for which a permit has been issued under this section shall obtain insurance for bodily injury coverage and property damage coverage in the amount established under section 1509.07 of the Revised Code to pay for damages or injury to property or person, including damages caused by the plugging of the well. The person shall electronically submit proof of insurance to the chief upon the chief's request. 9815 9816 9817 9818 9819 9820 9821 9822 9823 (2) Division (E)(1) of this section does not apply to a person already required to maintain an insurance policy under section 1509.07 of the Revised Code. 9824 9825 9826 (F) This section does not apply to a well plugged or abandoned in compliance with section 1571.05 of the Revised Code. 9827 9828 Sec. 1513.08. (A) After a coal mining and reclamation permit application has been approved, the applicant shall file with the chief of the division of mineral resources management, on a form prescribed and furnished by the chief, the performance security required under this section that shall be payable to the state and conditioned on the faithful performance of all the requirements of this chapter and rules adopted under it and the terms and conditions of the permit. 9829 9830 9831 9832 9833 9834 9835 9836 (B) Using the information contained in the permit application; the requirements contained in the approved permit and reclamation plan; and, after considering the topography, geology, hydrology, and revegetation potential of the area of the approved permit, the probable difficulty of reclamation; the chief shall determine the estimated cost of reclamation under the initial term of the permit if the reclamation has to be performed by the 9837 9838 9839 9840 9841 9842 9843 H. B. No. 110 Page 318 As Introduced division of mineral resources management in the event of forfeiture of the performance security by the applicant. The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail to the applicant. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security pursuant to division (C) of this section. 9844 9845 9846 9847 9848 9849 9850 (C) The applicant shall provide the performance security in an amount using one of the following: 9851 9852 (1) If the applicant elects to provide performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the amount of the estimated cost of reclamation as determined by the chief under division (B) of this section for the increments of land on which the operator will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application; 9853 9854 9855 9856 9857 9858 9859 (2) If the applicant elects to provide performance security together with reliance on the reclamation forfeiture fund through payment of the additional tax on the severance of coal that is levied under division (A)(8) of section 5749.02 of the Revised Code, an amount of twenty-five hundred dollars per acre of land on which the operator will conduct coal mining and reclamation under the initial term of the permit as indicated in the application. However, in In order for an applicant to be eligible to provide performance security in accordance with division (C)(2) of this section, the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years. In 9860 9861 9862 9863 9864 9865 9866 9867 9868 9869 9870 9871 9872 If a permit is transferred, assigned, or sold, the transferee is not eligible to provide performance security under division (C)(2) of this section if the transferee has not held a permit 9873 9874 9875 H. B. No. 110 Page 319 As Introduced issued under this chapter for any coal mining and reclamation operation for a period of not less than five years. This restriction applies even if the status or name of the permittee otherwise remains the same after the transfer, assignment, or sale. 9876 9877 9878 9879 9880 In the event of forfeiture of performance security that was provided in accordance with division (C)(2) of this section, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under division (B) of this section shall be obtained from money in the reclamation forfeiture fund as needed to complete the reclamation. 9881 9882 9883 9884 9885 9886 The performance security provided under division (C) of this section for the entire area to be mined under one permit issued under this chapter shall not be less than ten thousand dollars. 9887 9888 9889 The performance security shall cover areas of land affected by mining within or immediately adjacent to the permitted area, so long as the total number of acres does not exceed the number of acres for which the performance security is provided. However, the authority for the performance security to cover areas of land immediately adjacent to the permitted area does not authorize a permittee to mine areas outside an approved permit area. As succeeding increments of coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the chief additional performance security to cover the increments in accordance with this section. If a permittee intends to mine areas outside the approved permit area, the permittee shall provide additional performance security in accordance with this section to cover the areas to be mined. 9890 9891 9892 9893 9894 9895 9896 9897 9898 9899 9900 9901 9902 9903 If an applicant or permittee has is not held a permit issued under this chapter for any coal mining and reclamation operation for a period of five years or more eligible to provide performance security in accordance with division (C)(2) of this section, the 9904 9905 9906 9907 H. B. No. 110 Page 320 As Introduced applicant or permittee shall provide performance security in accordance with division (C)(1) of this section in the full amount of the estimated cost of reclamation as determined by the chief for a permitted coal preparation plant or coal refuse disposal area that is not located within a permitted area of a mine. If an applicant for a permit for a coal preparation plant or coal refuse disposal area or a permittee of a permitted coal preparation plant or coal refuse disposal area that is not located within a permitted area of a mine has held a permit issued under this chapter for any coal mining and reclamation operation for a period of five years or more, the applicant or permittee may provide performance security for the coal preparation plant or coal refuse disposal area either in accordance with division (C)(1) of this section in the full amount of the estimated cost of reclamation as determined by the chief or in accordance with division (C)(2) of this section in an amount of twenty-five hundred dollars per acre of land with reliance on the reclamation forfeiture fund. If a permittee has previously provided performance security under division (C)(1) of this section for a coal preparation plant or coal refuse disposal area that is not located within a permitted area of a mine and elects to provide performance security in accordance with division (C)(2) of this section, the permittee shall submit written notice to the chief indicating that the permittee elects to provide performance security in accordance with division (C)(2) of this section. Upon receipt of such a written notice, the chief shall release to the permittee the amount of the performance security previously provided under division (C)(1) of this section that exceeds the amount of performance security that is required to be provided under division (C)(2) of this section. 9908 9909 9910 9911 9912 9913 9914 9915 9916 9917 9918 9919 9920 9921 9922 9923 9924 9925 9926 9927 9928 9929 9930 9931 9932 9933 9934 9935 9936 9937 (D) A permittee's liability under the performance security shall be limited to the obligations established under the permit, which include completion of the reclamation plan in order to make 9938 9939 9940 H. B. No. 110 Page 321 As Introduced the land capable of supporting the postmining land use that was approved in the permit. The period of liability under the performance security shall be for the duration of the coal mining and reclamation operation and for a period coincident with the operator's responsibility for revegetation requirements under section 1513.16 of the Revised Code. 9941 9942 9943 9944 9945 9946 (E) The amount of the estimated cost of reclamation determined under division (B) of this section and the amount of a permittee's performance security provided in accordance with division (C)(1) of this section shall be adjusted by the chief as the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases. If the performance security was provided in accordance with division (C)(2) of this section and the chief has issued a cessation order under division (D)(2) of section 1513.02 of the Revised Code for failure to abate a violation of the contemporaneous reclamation requirement under division (A)(15) of section 1513.16 of the Revised Code, the chief may require the permittee to increase the amount of performance security from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land. 9947 9948 9949 9950 9951 9952 9953 9954 9955 9956 9957 9958 9959 9960 The chief shall notify the permittee, each surety, and any person who has a property interest in the performance security and who has requested to be notified of any proposed adjustment to the performance security. The permittee may request an informal conference with the chief concerning the proposed adjustment, and the chief shall provide such an informal conference. 9961 9962 9963 9964 9965 9966 If the chief increases the amount of performance security under this division, the permittee shall provide additional performance security in an amount determined by the chief. If the chief decreases the amount of performance security under this division, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of 9967 9968 9969 9970 9971 9972 H. B. No. 110 Page 322 As Introduced reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief. 9973 9974 (F) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief. Adjustments in the amount of performance security under this division shall not be considered release of performance security and are not subject to section 1513.16 of the Revised Code. 9975 9976 9977 9978 9979 9980 9981 9982 9983 9984 9985 9986 9987 9988 9989 9990 (G) If the performance security is a bond, it shall be executed by the operator and a corporate surety licensed to do business in this state. If the performance security is a cash deposit or negotiable certificates of deposit of a bank or savings and loan association, the bank or savings and loan association shall be licensed and operating in this state. The cash deposit or market value of the securities shall be equal to or greater than the amount of the performance security required under this section. The chief shall review any documents pertaining to the performance security and approve or disapprove the documents. The chief shall notify the applicant of the chief's determination. 9991 9992 9993 9994 9995 9996 9997 9998 9999 10000 10001 (H) If the performance security is a bond, the chief may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the chief 10002 10003 10004 H. B. No. 110 Page 323 As Introduced the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond the amount. 10005 10006 10007 (I) Performance security provided under this section may be held in trust, provided that the state is the primary beneficiary of the trust and the custodian of the performance security held in trust is a bank, trust company, or other financial institution that is licensed and operating in this state. The chief shall review the trust document and approve or disapprove the document. The chief shall notify the applicant of the chief's determination. 10008 10009 10010 10011 10012 10013 10014 (J) If a surety, bank, savings and loan association, trust company, or other financial institution that holds the performance security required under this section becomes insolvent, the permittee shall notify the chief of the insolvency, and the chief shall order the permittee to submit a plan for replacement performance security within thirty days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(1) of this section, the permittee shall provide the replacement performance security within ninety days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(2) of this section, the permittee shall provide the replacement performance security within one year after receipt of notice from the chief, and, for a period of one year after the permittee's receipt of notice from the chief or until the permittee provides the replacement performance security, whichever occurs first, money in the reclamation forfeiture fund shall be the permittee's replacement performance security in an amount not to exceed the estimated cost of reclamation as determined by the chief. 10015 10016 10017 10018 10019 10020 10021 10022 10023 10024 10025 10026 10027 10028 10029 10030 10031 10032 10033 (K) If a permittee provided performance security in accordance with division (C)(1) of this section, the permittee's responsibility for repairing material damage and replacement of 10034 10035 10036 H. B. No. 110 Page 324 As Introduced water supply resulting from subsidence shall be satisfied by either of the following: 10037 10038 (1) The purchase prior to mining of a noncancelable premium-prepaid liability insurance policy in lieu of the permittee's performance security for subsidence damage. The insurance policy shall contain terms and conditions that specifically provide coverage for repairing material damage and replacement of water supply resulting from subsidence. 10039 10040 10041 10042 10043 10044 (2) The provision of additional performance security in the amount of the estimated cost to the division of mineral resources management to repair material damage and replace water supplies resulting from subsidence until the repair or replacement is completed. However, if such repair or replacement is completed, or compensation for structures that have been damaged by subsidence is provided, by the permittee within ninety days of the occurrence of the subsidence, additional performance security is not required. In addition, the chief may extend the ninety-day period for a period not to exceed one year if the chief determines that the permittee has demonstrated in writing that subsidence is not complete and that probable subsidence-related damage likely will occur and, as a result, the completion of repairs of subsidence-related material damage to lands or protected structures or the replacement of water supply within ninety days of the occurrence of the subsidence would be unreasonable. 10045 10046 10047 10048 10049 10050 10051 10052 10053 10054 10055 10056 10057 10058 10059 10060 (L) If the performance security provided in accordance with this section exceeds the estimated cost of reclamation, the chief may authorize the amount of the performance security that exceeds the estimated cost of reclamation together with any interest or other earnings on the performance security to be paid to the permittee. 10061 10062 10063 10064 10065 10066 (M) A permittee that held a valid coal mining and reclamation permit immediately prior to April 6, 2007, shall provide, not 10067 10068 H. B. No. 110 Page 325 As Introduced later than a date established by the chief, performance security in accordance with division (C)(1) or (2) of this section, rather than in accordance with the law as it existed prior to that date, by filing it with the chief on a form that the chief prescribes and furnishes. Accordingly, for purposes of this section, "applicant" is deemed to include such a permittee. 10069 10070 10071 10072 10073 10074 (N) As used in this section: 10075 (1) "Affiliate of the applicant" means an entity that has a parent entity in common with the applicant. 10076 10077 (2) "Owner and controller of the applicant" means a person that has any relationship with the applicant that gives the person authority to determine directly or indirectly the manner in which the applicant conducts coal mining operations. 10078 10079 10080 10081 Sec. 1521.06. (A) No dam may be constructed for the purpose of storing, conserving, or retarding water, or for any other purpose, nor shall any levee be constructed for the purpose of diverting or retaining flood water, unless the person or governmental agency desiring the construction has a construction permit for the dam or levee issued by the chief of the division of water resources. 10082 10083 10084 10085 10086 10087 10088 A construction permit is not required under this section for: 10089 (1) A dam that is or will be less than ten feet in height and that has or will have a storage capacity of not more than fifty acre-feet at the elevation of the top of the dam, as determined by the chief. For the purposes of this section, the height of a dam shall be measured from the natural stream bed or lowest ground elevation at the downstream or outside limit of the dam to the elevation of the top of the dam. 10090 10091 10092 10093 10094 10095 10096 (2) A dam, regardless of height, that has or will have a storage capacity of not more than fifteen acre-feet at the 10097 10098 H. B. No. 110 Page 326 As Introduced elevation of the top of the dam, as determined by the chief; 10099 (3) A dam, regardless of storage capacity, that is or will be six feet or less in height, as determined by the chief; 10100 10101 (4) A dam or levee that belongs to a class exempted by the chief; 10102 10103 (5) The repair, maintenance, improvement, alteration, or removal of a dam or levee that is subject to section 1521.062 of the Revised Code, unless the construction constitutes an enlargement or reconstruction of the structure as determined by the chief; 10104 10105 10106 10107 10108 (6) A dam or impoundment constructed under Chapter 1513. of the Revised Code. 10109 10110 (B) Before a construction permit may be issued, three copies of the plans and specifications, including a detailed cost estimate, for the proposed construction, prepared by a registered professional engineer, together with any filing fee specified by rules adopted by the chief in accordance with division (I) of this section and the bond or other security required by section 1521.061 of the Revised Code, shall be filed with the chief. The detailed estimate of the cost shall include all costs associated with the construction of the dam or levee, including supervision and inspection of the construction by a registered professional engineer. 10111 10112 10113 10114 10115 10116 10117 10118 10119 10120 10121 All fees collected pursuant to this section, and all fines collected pursuant to section 1521.99 of the Revised Code, shall be deposited in the state treasury to the credit of the dam safety fund, which is hereby created. Expenditures from the fund shall be made by the chief for the purpose of administering this section and sections 1521.061 and 1521.062 of the Revised Code. 10122 10123 10124 10125 10126 10127 (C) The chief shall, within thirty days from the date of the receipt of the application, fee, and bond or other security, issue 10128 10129 H. B. No. 110 Page 327 As Introduced or deny a construction permit for the construction or may issue a construction permit conditioned upon the making of such changes in the plans and specifications for the construction as the chief considers advisable if the chief determines that the construction of the proposed dam or levee, in accordance with the plans and specifications filed, would endanger life, health, or property. 10130 10131 10132 10133 10134 10135 (D) The chief may deny a construction permit after finding that a dam or levee built in accordance with the plans and specifications would endanger life, health, or property, because of improper or inadequate design, or for such other reasons as the chief may determine. 10136 10137 10138 10139 10140 In the event the chief denies a permit for the construction of the dam or levee, or issues a permit conditioned upon a making of changes in the plans or specifications for the construction, the chief shall state the reasons therefor and so notify, in writing, the person or governmental agency making the application for a permit. If the permit is denied, the chief shall return the bond or other security to the person or governmental agency making application for the permit. 10141 10142 10143 10144 10145 10146 10147 10148 The decision of the chief conditioning or denying a construction permit is subject to appeal as provided in Chapter 119. of the Revised Code. A dam or levee built substantially at variance from the plans and specifications upon which a construction permit was issued is in violation of this section. The chief may at any time inspect any dam or levee, or site upon which any dam or levee is to be constructed, in order to determine whether it complies with this section. 10149 10150 10151 10152 10153 10154 10155 10156 (E) A registered professional engineer shall inspect the construction for which the permit was issued during all phases of construction and shall furnish to the chief such regular reports of the engineer's inspections as the chief may require. When the chief finds that construction has been fully completed in 10157 10158 10159 10160 10161 H. B. No. 110 Page 328 As Introduced accordance with the terms of the permit and the plans and specifications approved by the chief, the chief shall approve the construction. When one year has elapsed after approval of the completed construction, and the chief finds that within this period no fact has become apparent to indicate that the construction was not performed in accordance with the terms of the permit and the plans and specifications approved by the chief, or that the construction as performed would endanger life, health, or property, the chief shall release the bond or other security. No bond or other security shall be released until one year after final approval by the chief, unless the dam or levee has been modified so that it will not retain water and has been approved as nonhazardous after determination by the chief that the dam or levee as modified will not endanger life, health, or property. 10162 10163 10164 10165 10166 10167 10168 10169 10170 10171 10172 10173 10174 10175 (F) When inspections required by this section are not being performed, the chief shall notify the person or governmental agency to which the permit has been issued that inspections are not being performed by the registered professional engineer and that the chief will inspect the remainder of the construction. Thereafter, the chief shall inspect the construction and the cost of inspection shall be charged against the owner. Failure of the registered professional engineer to submit required inspection reports shall be deemed notice that the engineer's inspections are not being performed. 10176 10177 10178 10179 10180 10181 10182 10183 10184 10185 (G) The chief may order construction to cease on any dam or levee that is being built in violation of this section, and may prohibit the retention of water behind any dam or levee that has been built in violation of this section. 10186 10187 10188 10189 (H) The chief may adopt rules in accordance with Chapter 119. of the Revised Code, for the design and construction of dams and levees for which a construction permit is required by this section or for which periodic inspection is required by section 1521.062 10190 10191 10192 10193 H. B. No. 110 Page 329 As Introduced of the Revised Code, for deposit and forfeiture of bonds and other securities required by section 1521.061 of the Revised Code, for the periodic inspection, operation, repair, improvement, alteration, or removal of all dams and levees, as specified in section 1521.062 of the Revised Code, and for establishing classes of dams or levees that are exempt from the requirements of this section and section 1521.062 of the Revised Code as being of a size, purpose, or situation that does not present a substantial hazard to life, health, or property. The chief may, by rule, limit the period during which a construction permit issued under this section is valid. The rules may allow for the extension of the period during which a permit is valid upon written request, provided that the written request includes a revised construction cost estimate, and may require the payment of an additional filing fee for the requested extension. If a construction permit expires without an extension before construction is completed, the person or agency shall apply for a new permit, and shall not continue construction until the new permit is issued. 10194 10195 10196 10197 10198 10199 10200 10201 10202 10203 10204 10205 10206 10207 10208 10209 10210 10211 (I) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a filing fee schedule for purposes of division (B) of this section. 10212 10213 10214 Sec. 1521.061. (A)(1) Except as otherwise provided in this section, the chief of the division of water resources shall not issue a construction permit shall not be issued under section 1521.06 of the Revised Code unless the person or governmental agency applying for the permit executes and files a surety bond conditioned on completion of the dam or levee in accordance with the terms of the permit and the plans and specifications approved by the chief of the division of water resources, in an amount equal to fifty per cent of the estimated cost of the project. Except as provided in division (A)(2) of this section, the surety bond shall equal: 10215 10216 10217 10218 10219 10220 10221 10222 10223 10224 10225 H. B. No. 110 Page 330 As Introduced (a) $50,000 for the first $500,000 of the estimated cost of the project; plus 10226 10227 (b) Twenty-five per cent of the estimated cost for the next $4,500,000 of the estimated cost of the project; plus 10228 10229 (c) Ten per cent of the estimated cost that exceeds $5,000,000. 10230 10231 (2) The chief may reduce the amount of the required surety bond to the amount equal to the cost estimate of construction activities necessary to render the dam nonhazardous if the cost estimate is provided by the applicant and approved by the chief. 10232 10233 10234 10235 (B) If a permittee requests an extension of the time period during which a construction permit is valid in accordance with rules adopted under section 1521.06 of the Revised Code, the chief shall determine whether the revised construction cost estimate provided with the request exceeds the original construction cost estimate that was filed with the chief by more than twenty-five per cent. If the revised construction cost estimate exceeds the original construction cost estimate by more than twenty-five per cent, the chief may require an additional surety bond to be filed so that the total amount of the surety bonds equals at least fifty per cent of in an amount determined in accordance with division (A) of this section based on the revised construction cost estimate. 10236 10237 10238 10239 10240 10241 10242 10243 10244 10245 10246 10247 10248 (C) The chief shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by the attorney in fact thereof, with a certified copy of the power of attorney attached. The chief shall not approve the bond unless there is attached a certificate of the superintendent of insurance that the company is authorized to transact a fidelity and surety business in this state. 10249 10250 10251 10252 10253 10254 10255 All bonds shall be given in a form prescribed by the chief 10256 H. B. No. 110 Page 331 As Introduced and shall run to the state as obligee. 10257 (D)(1) The applicant may deposit, in lieu of a bond, cash in an amount equal to the amount of the bond or United States government securities or negotiable certificates of deposit issued by any bank organized or transacting business in this state having a par value equal to or greater than the amount of the bond. Such cash or securities shall be deposited upon the same terms as bonds. If one or more certificates of deposit are deposited in lieu of a bond, the chief shall require the bank that issued any such certificate to pledge securities of the aggregate market value equal to the amount of the certificate that is in excess of the amount insured by the federal deposit insurance corporation. The securities to be pledged shall be those designated as eligible under section 135.18 of the Revised Code. The securities shall be security for the repayment of the certificate of deposit. 10258 10259 10260 10261 10262 10263 10264 10265 10266 10267 10268 10269 10270 10271 (2) Immediately upon a deposit of cash, securities, or certificates of deposit, the chief shall deliver them to the treasurer of state, who shall hold them in trust for the purposes for which they have been deposited. The treasurer of state is responsible for the safekeeping of such deposits. An applicant making a deposit of cash, securities, or certificates of deposit may withdraw and receive from the treasurer of state, on the written order of the chief, all or any portion of the cash, securities, or certificates of deposit, upon depositing with the treasurer of state cash, other United States government securities, or negotiable certificates of deposit issued by any bank organized or transacting business in this state equal in par value to the par value of the cash, securities, or certificates of deposit withdrawn. An applicant may demand and receive from the treasurer of state all interest or other income from any such securities or certificates as it becomes due. If securities so deposited with and in the possession of the treasurer of state 10272 10273 10274 10275 10276 10277 10278 10279 10280 10281 10282 10283 10284 10285 10286 10287 10288 H. B. No. 110 Page 332 As Introduced mature or are called for payment by the issuer thereof, the treasurer of state, at the request of the applicant who deposited them, shall convert the proceeds of the redemption or payment of the securities into such other United States government securities, negotiable certificates of deposit issued by any bank organized or transacting business in this state, or cash as the applicant designates. 10289 10290 10291 10292 10293 10294 10295 (E)(1) When the chief finds that a person or governmental agency has failed to comply with the conditions of the person's or agency's bond, the chief shall make a finding of that fact and declare the bond, cash, securities, or certificates of deposit forfeited in the amount set by rule of the chief. The chief shall thereupon certify the total forfeiture to the attorney general, who shall proceed to collect that amount. 10296 10297 10298 10299 10300 10301 10302 (2) In lieu of total forfeiture, the surety, at its option, may cause the dam or levee to be completed as required by section 1521.06 of the Revised Code and rules of the chief, or otherwise rendered nonhazardous, or pay to the treasurer of state the cost thereof. 10303 10304 10305 10306 10307 (F)(1) All moneys collected on account of forfeitures of bonds, cash, securities, and certificates of deposit under this section shall be credited to the dam safety fund created in section 1521.06 of the Revised Code. The chief shall make expenditures from the fund to complete dams and levees for which bonds have been forfeited or to otherwise render them nonhazardous. 10308 10309 10310 10311 10312 10313 10314 (2) Expenditures from the fund for those purposes shall be made pursuant to contracts entered into by the chief with persons who agree to furnish all of the materials, equipment, work, and labor as specified and provided in the contract. 10315 10316 10317 10318 (G) A surety bond shall not be required for a permit for a 10319 H. B. No. 110 Page 333 As Introduced dam or levee that is to be designed and constructed by an agency of the United States government, if the agency files with the chief written assurance of the agency's financial responsibility for the structure during the one-year period for one year following the chief's approval of the completed construction provided for under division (E) of section 1521.06 of the Revised Code. 10320 10321 10322 10323 10324 10325 10326 Sec. 1521.40. (A) No person shall violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it. 10327 10328 10329 (B) The attorney general, upon written request of the chief of the division of water resources, shall bring an action for an injunction or other appropriate legal or equitable action against any person who has violated, is violating, or is threatening to violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it. 10330 10331 10332 10333 10334 10335 10336 (C) A person who violates any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it is liable to the chief for any costs incurred by the division of water resources in investigating, mitigating, minimizing, removing, or abating the violation and conditions caused by it. The chief also may assess a civil penalty of not more than five thousand dollars per day for each day a violation occurs of any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it. 10337 10338 10339 10340 10341 10342 10343 10344 10345 10346 (D) Upon the request of the chief, the attorney general shall bring a civil action against the responsible person to recover those costs and civil penalties in the court of common pleas of Franklin county. Moneys Money recovered under this division for 10347 10348 10349 10350 H. B. No. 110 Page 334 As Introduced violations of sections 1521.06 to 1521.063 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the dam safety fund created in section 1521.06 of the Revised Code. Money recovered under this division for violations of sections 1521.16 and 1521.22 to 1521.35 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code. 10351 10352 10353 10354 10355 10356 10357 10358 10359 10360 10361 Sec. 1521.99. (A) Whoever violates division (E)(1) of section 1521.05 or division (E)(1) of section 1521.16 of the Revised Code is guilty of a misdemeanor of the fourth degree. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code. 10362 10363 10364 10365 10366 10367 (B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of violation constitutes a separate offense. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the dam safety fund created in section 1521.06 of the Revised Code. 10368 10369 10370 10371 10372 10373 10374 (C) Whoever violates section 1521.22 of the Revised Code or the terms or conditions of a permit issued under that section shall be fined not more than ten thousand dollars for each day of violation. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code. 10375 10376 10377 10378 10379 10380 (D) Whoever violates section 1521.23 of the Revised Code or 10381 H. B. No. 110 Page 335 As Introduced the terms or conditions of a permit issued under section 1521.29 of the Revised Code is guilty of a misdemeanor of the fourth degree. All fines collected pursuant to this division shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code. 10382 10383 10384 10385 10386 Sec. 1531.01. As used in this chapter and Chapter 1533. of the Revised Code: 10387 10388 (A) "Person" means a person as defined in section 1.59 of the Revised Code or a company; an employee, agent, or officer of such a person or company; a combination of individuals; the state; a political subdivision of the state; an interstate body created by a compact; or the federal government or a department, agency, or instrumentality of it. 10389 10390 10391 10392 10393 10394 (B) "Resident" means any individual who has resided in this state for not less than six months preceding the date of making application for a license or permit. 10395 10396 10397 (C) "Nonresident" means any individual who does not qualify as a resident. 10398 10399 (D) "Division rule" or "rule" means any rule adopted by the chief of the division of wildlife under section 1531.10 of the Revised Code unless the context indicates otherwise. 10400 10401 10402 (E) "Closed season" means that period of time during which the taking of wild animals protected by this chapter and Chapter 1533. of the Revised Code is prohibited. 10403 10404 10405 (F) "Open season" means that period of time during which the taking of wild animals protected by this chapter and Chapter 1533. of the Revised Code is permitted. 10406 10407 10408 (G) "Take or taking" includes pursuing, shooting, hunting, killing, trapping, angling, fishing with a trotline, or netting any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 10409 10410 10411 H. B. No. 110 Page 336 As Introduced wild bird, or wild quadruped, and any lesser act, such as wounding, or placing, setting, drawing, or using any other device for killing or capturing any wild animal, whether it results in killing or capturing the animal or not. "Take or taking" includes every attempt to kill or capture and every act of assistance to any other person in killing or capturing or attempting to kill or capture a wild animal. 10412 10413 10414 10415 10416 10417 10418 (H) "Possession" means both actual and constructive possession and any control of things referred to. 10419 10420 (I) "Bag limit" means the number, measurement, or weight of any kind of crayfish, aquatic insects, fish, frogs, turtles, wild birds, and wild quadrupeds permitted to be taken. 10421 10422 10423 (J) "Transport and transportation" means carrying or moving or causing to be carried or moved. 10424 10425 (K) "Sell and sale" means barter, exchange, or offer or expose for sale. 10426 10427 (L) "Whole to include part" means that every provision relating to any wild animal protected by this chapter and Chapter 1533. of the Revised Code applies to any part of the wild animal with the same effect as it applies to the whole. 10428 10429 10430 10431 (M) "Angling" means fishing with not more than two hand lines, not more than two units of rod and line, or a combination of not more than one hand line and one rod and line, either in hand or under control at any time while fishing. The hand line or rod and line shall have attached to it not more than three baited hooks, not more than three artificial fly rod lures, or one artificial bait casting lure equipped with not more than three sets of three hooks each. 10432 10433 10434 10435 10436 10437 10438 10439 (N) "Trotline" means a device for catching fish that consists of a line having suspended from it, at frequent intervals, vertical lines with hooks attached. 10440 10441 10442 H. B. No. 110 Page 337 As Introduced (O) "Fish" means a cold-blooded vertebrate having fins. 10443 (P) "Measurement of fish" means length from the end of the nose to the longest tip or end of the tail. 10444 10445 (Q) "Wild birds" includes game birds and nongame birds. 10446 (R) "Game" includes game birds, game quadrupeds, and fur-bearing animals. 10447 10448 (S) "Game birds" includes mourning doves, ringneck pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, wild turkey, Hungarian partridge, Chukar partridge, woodcocks, black-breasted plover, golden plover, Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, duck, geese, brant, and crows. 10449 10450 10451 10452 10453 10454 (T) "Nongame birds" includes all other wild birds not included and defined as game birds or migratory game birds. 10455 10456 (U) "Wild quadrupeds" includes game quadrupeds and fur-bearing animals. 10457 10458 (V) "Game quadrupeds" includes cottontail rabbits, gray squirrels, black squirrels, fox squirrels, red squirrels, flying squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, wild boar, elk, and black bears. 10459 10460 10461 10462 (W) "Fur-bearing animals" includes minks, weasels, raccoons, skunks, opossums, muskrats, fox, beavers, badgers, otters, coyotes, and bobcats. 10463 10464 10465 (X) "Wild animals" includes mollusks, crustaceans, aquatic insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does not include domestic deer. 10466 10467 10468 (Y) "Hunting" means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds while employing any device commonly used to kill or wound wild birds or wild quadrupeds 10469 10470 10471 10472 H. B. No. 110 Page 338 As Introduced whether or not the acts result in killing or wounding. "Hunting" includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds. 10473 10474 10475 10476 (Z) "Trapping" means securing or attempting to secure possession of a wild bird or wild quadruped by means of setting, placing, drawing, or using any device that is designed to close upon, hold fast, confine, or otherwise capture a wild bird or wild quadruped whether or not the means results in capture. "Trapping" includes every act of assistance to any other person in capturing wild birds or wild quadrupeds by means of the device whether or not the means results in capture. 10477 10478 10479 10480 10481 10482 10483 10484 (AA) "Muskrat spear" means any device used in spearing muskrats. 10485 10486 (BB) "Channels and passages" means those narrow bodies of water lying between islands or between an island and the mainland in Lake Erie. 10487 10488 10489 (CC) "Island" means a rock or land elevation above the waters of Lake Erie having an area of five or more acres above water. 10490 10491 (DD) "Reef" means an elevation of rock, either broken or in place, or gravel shown by the latest United States chart to be above the common level of the surrounding bottom of the lake, other than the rock bottom, or in place forming the base or foundation rock of an island or mainland and sloping from the shore of it. "Reef" also means all elevations shown by that chart to be above the common level of the sloping base or foundation rock of an island or mainland, whether running from the shore of an island or parallel with the contour of the shore of an island or in any other way and whether formed by rock, broken or in place, or from gravel. 10492 10493 10494 10495 10496 10497 10498 10499 10500 10501 10502 (EE) "Fur farm" means any area used exclusively for raising 10503 H. B. No. 110 Page 339 As Introduced fur-bearing animals or in addition thereto used for hunting game, the boundaries of which are plainly marked as such. 10504 10505 (FF) "Waters" includes any lake, pond, reservoir, stream, channel, lagoon, or other body of water, or any part thereof, whether natural or artificial. 10506 10507 10508 (GG) "Crib" or "car" refers to that particular compartment of the net from which the fish are taken when the net is lifted. 10509 10510 (HH) "Commercial fish" means those species of fish permitted to be taken, possessed, bought, or sold unless otherwise restricted by the Revised Code or division rule and are alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black bullhead (Ictalurus melas), yellow bullhead (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel catfish (Ictalurus punctatus), flathead catfish (Pylodictis olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), freshwater drum or sheepshead (Aplodinotus grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other than buffalo and quillback (Carpiodes sp., Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone chrysops), white perch (Roccus americanus), and yellow perch (Perca flavescens). When the common name of a fish is used in this chapter or Chapter 1533. of the Revised Code, it refers to the fish designated by the scientific name in this definition. 10511 10512 10513 10514 10515 10516 10517 10518 10519 10520 10521 10522 10523 10524 10525 10526 10527 10528 10529 10530 10531 10532 (II) "Fishing" means taking or attempting to take fish by any method, and all other acts such as placing, setting, drawing, or using any device commonly used to take fish whether resulting in a 10533 10534 10535 H. B. No. 110 Page 340 As Introduced taking or not. 10536 (JJ) "Fillet" means the pieces of flesh taken or cut from both sides of a fish, joined to form one piece of flesh. 10537 10538 (KK) "Part fillet" means a piece of flesh taken or cut from one side of a fish. 10539 10540 (LL) "Round" when used in describing fish means with head and tail intact. 10541 10542 (MM) "Migrate" means the transit or movement of fish to or from one place to another as a result of natural forces or instinct and includes, but is not limited to, movement of fish induced or caused by changes in the water flow. 10543 10544 10545 10546 (NN) "Spreader bar" means a brail or rigid bar placed across the entire width of the back, at the top and bottom of the cars in all trap, crib, and fyke nets for the purpose of keeping the meshes hanging squarely while the nets are fishing. 10547 10548 10549 10550 (OO) "Fishing guide" means any person who, for consideration or hire, operates a boat, rents, leases, or otherwise furnishes angling devices, ice fishing shanties or shelters of any kind, or other fishing equipment, and accompanies, guides, directs, or assists any other person in order for the other person to engage in fishing. 10551 10552 10553 10554 10555 10556 (PP) "Net" means fishing devices with meshes composed of twine or synthetic material and includes, but is not limited to, trap nets, fyke nets, crib nets, carp aprons, dip nets, and seines, except minnow seines and minnow dip nets. 10557 10558 10559 10560 (QQ) "Commercial fishing gear" means seines, trap nets, fyke nets, dip nets, carp aprons, trotlines, other similar gear, and any boat used in conjunction with that gear, but does not include gill nets. 10561 10562 10563 10564 (RR) "Native wildlife" means any species of the animal 10565 H. B. No. 110 Page 341 As Introduced kingdom indigenous to this state. 10566 (SS) "Gill net" means a single section of fabric or netting seamed to a float line at the top and a lead line at the bottom, which is designed to entangle fish in the net openings as they swim into it. 10567 10568 10569 10570 (TT) "Tag fishing tournament" means a contest in which a participant pays a fee, or gives other valuable consideration, for a chance to win a prize by virtue of catching a tagged or otherwise specifically marked fish within a limited period of time. 10571 10572 10573 10574 10575 (UU) "Tenant" means an individual who resides on land for which the individual pays rent and whose annual income is primarily derived from agricultural production conducted on that land, as "agricultural production" is defined in section 929.01 of the Revised Code. 10576 10577 10578 10579 10580 (VV) "Nonnative wildlife" means any wild animal not indigenous to this state, but does not include domestic deer. 10581 10582 (WW) "Reptiles" includes common musk turtle (sternotherus odoratus), common snapping turtle (Chelydra serpentina serpentina), spotted turtle (Clemmys guttata), eastern box turtle (Terrapene carolina carolina), Blanding's turtle (Emydoidea blandingii), common map turtle (Graptemys geographica), ouachita map turtle (Graptemys pseudogeographica ouachitensis), midland painted turtle (Chrysemys picta marginata), red-eared slider (Trachemys scripta elegans), eastern spiny softshell turtle (Apalone spinifera spinifera), midland smooth softshell turtle (Apalone mutica mutica), northern fence lizard (Sceloporus undulatus hyacinthinus), ground skink (Scincella lateralis), five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces laticeps), northern coal skink (Eumeces anthracinus anthracinus), European wall lizard (Podarcis muralis), queen snake (Regina 10583 10584 10585 10586 10587 10588 10589 10590 10591 10592 10593 10594 10595 10596 H. B. No. 110 Page 342 As Introduced septemvittata), Kirtland's snake (Clonophis kirtlandii), northern water snake (Nerodia sipedon sipedon), Lake Erie watersnake (Nerodia sipedon insularum), copperbelly water snake (Nerodia erythrogaster neglecta), northern brown snake (Storeria dekayi dekayi), midland brown snake (Storeria dekayi wrightorum), northern redbelly snake (Storeria occipitomaculata occipitomaculata), eastern garter snake (Thamnophis sirtalis sirtalis), eastern plains garter snake (Thamnophis radix radix), Butler's garter snake (Thamnophis butleri), shorthead garter snake (Thamnophis brachystoma), eastern ribbon snake (Thamnophis sauritus sauritus), northern ribbon snake (Thamnophis sauritus septentrionalis), eastern hognose snake (Heterodon platirhinos), eastern smooth earth snake (Virginia valeriae valeriae), northern ringneck snake (Diadophis punctatus edwardsii), midwest worm snake (Carphophis amoenus helenae), eastern worm snake (Carphophis amoenus amoenus), black racer (Coluber constrictor constrictor), blue racer (Coluber constrictor foxii), rough green snake (opheodrys aestivus), smooth green snake (opheodrys vernalis vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis getula nigra), eastern milk snake (Lampropeltis triangulum triangulum), northern copperhead (Agkistrodon contortrix mokasen), eastern massasauga (Sistrurus catenatus catenatus), and timber rattlesnake (Crotalus horridus horridus). 10597 10598 10599 10600 10601 10602 10603 10604 10605 10606 10607 10608 10609 10610 10611 10612 10613 10614 10615 10616 10617 10618 10619 10620 (XX) "Amphibians" includes eastern hellbender (Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus maculosus maculosus), red-spotted newt (Notophthalmus viridescens viridescens), Jefferson salamander (Ambystoma jeffersonianum), spotted salamander (Ambystoma maculatum), blue-spotted salamander (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), streamside salamander (Ambystoma barbouri), marbled salamander (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), 10621 10622 10623 10624 10625 10626 10627 10628 10629 H. B. No. 110 Page 343 As Introduced mountain dusky salamander (Desmognathus ochrophaeus), redback salamander (Plethodon cinereus), ravine salamander (Plethodon richmondi), northern slimy salamander (Plethodon glutinosus), Wehrle's salamander (Plethodon wehrlei), four-toed salamander (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus porphyriticus duryi), northern spring salamander (Gyrinophilus porphyriticus porphyriticus), mud salamander (Pseudotriton montanus), northern red salamander (Pseudotriton ruber ruber), green salamander (Aneides aeneus), northern two-lined salamander (Eurycea bislineata), longtail salamander (Eurycea longicauda longicauda), cave salamander (Eurycea lucifuga), southern two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo woodhousii fowleri), American toad (Bufo americanus), eastern spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris crepitans blanchardi), northern spring peeper (Pseudacris crucifer crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata triseriata), mountain chorus frog (Pseudacris brachyphona), bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), northern leopard frog (Rana pipiens), pickerel frog (Rana palustris), southern leopard frog (Rana utricularia), and wood frog (Rana sylvatica). 10630 10631 10632 10633 10634 10635 10636 10637 10638 10639 10640 10641 10642 10643 10644 10645 10646 10647 10648 10649 10650 10651 (YY) "Deer" means white-tailed deer (Oddocoileus virginianus). 10652 10653 (ZZ) "Domestic deer" means nonnative deer that have been legally acquired or their offspring and that are held in private ownership for primarily agricultural purposes. 10654 10655 10656 (AAA) "Migratory game bird" includes waterfowl (Anatidae); doves (Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and woodcock and snipe (Scolopacidae). 10657 10658 10659 10660 (BBB) "Accompany" means to go along with another person while 10661 H. B. No. 110 Page 344 As Introduced staying within a distance from the person that enables uninterrupted, unaided visual and auditory communication. 10662 10663 (CCC) "All-purpose vehicle" means any vehicle that is designed primarily for cross-country travel on land, water, or land and water and that is steered by wheels, caterpillar treads, or a combination of wheels and caterpillar treads and includes vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all-season vehicles, mini-bikes, and trail bikes. 10664 10665 10666 10667 10668 10669 10670 (DDD) "Wholly enclosed preserve" means an area of land that is surrounded by a fence that is at least six feet in height, unless otherwise specified in division rule, and is constructed of a woven wire mesh, or another enclosure that the division of wildlife may approve, where game birds, game quadrupeds, reptiles, amphibians, or fur-bearing animals are raised and may be sold under the authority of a commercial propagating license or captive white-tailed deer propagation license obtained under section 1533.71 of the Revised Code. 10671 10672 10673 10674 10675 10676 10677 10678 10679 (EEE) "Commercial bird shooting preserve" means an area of land where game birds are released and hunted by shooting as authorized by a commercial bird shooting preserve license obtained under section 1533.72 of the Revised Code. 10680 10681 10682 10683 (FFF) "Wild animal hunting preserve" means an area of land where game, captive white-tailed deer, and nonnative wildlife, other than game birds, are released and hunted as authorized by a wild animal hunting preserve license obtained under section 1533.721 of the Revised Code. 10684 10685 10686 10687 10688 (GGG) "Captive white-tailed deer" means legally acquired deer that are held in private ownership at a facility licensed under section 943.03 or 943.031 of the Revised Code and under section 1533.71 or 1533.721 of the Revised Code. 10689 10690 10691 10692 H. B. No. 110 Page 345 As Introduced (HHH) "Lake Erie sport fishing district" means the Ohio waters of Lake Erie and its embayments, including Maumee bay, Sandusky bay, East Harbor, Middle Harbor, West Harbor, and the entire length of all tributaries or to the first dam or designated landmark as follows: 10693 10694 10695 10696 10697 Vermilion river - state route 2 bridge 10698 Black river - state route 611 bridge 10699 Rocky river - Detroit road bridge 10700 Cuyahoga river - Harvard road bridge 10701 Euclid creek - state route 283 bridge 10702 Chagrin river - state route 283 bridge 10703 Arcola creek - United States route 20 bridge 10704 Wheeler creek - United States route 20 bridge 10705 Cowles creek - United States route 20 bridge 10706 Indian creek - United States route 20 bridge 10707 Grand river - state route 535 bridge 10708 Conneaut creek - Main street bridge, downtown Conneaut 10709 Ashtabula river - east 24th street bridge 10710 Sec. 1531.35. The wildlife boater angler fund is hereby created in the state treasury. The fund shall consist of money credited to the fund pursuant to section 5735.051 of the Revised Code and other money contributed to the division of wildlife for the purposes of the fund. The fund shall be used for boating access construction, improvements, maintenance and repair of dams and impoundments, and acquisitions, including lands and facilities for boating access, and to pay for equipment and personnel costs involved with those activities, on waters on which the operation of gasoline-powered watercraft is permissible. However, not more 10711 10712 10713 10714 10715 10716 10717 10718 10719 10720 H. B. No. 110 Page 346 As Introduced than five hundred thousand dollars of the annual expenditures from the fund may be used to pay for the equipment and personnel costs. 10721 10722 Sec. 1533.01. As used in this chapter, "person," "resident," "nonresident," "division rule," "rule," "closed season," "open season," "take or taking," "possession," "bag limit," "transport and transportation," "sell and sale," "whole to include part," "angling," "trotline," "fish," "measurement of fish," "wild birds," "game," "game birds," "nongame birds," "wild quadrupeds," "game quadrupeds," "fur-bearing animals," "wild animals," "hunting," "trapping," "muskrat spear," "channels and passages," "island," "reef," "fur farm," "waters," "crib," "car," "commercial fish," "fishing," "fillet," "part fillet," "round," "migrate," "spreader bar," "fishing guide," "net," "commercial fishing gear," "native wildlife," "gill net," "tag fishing tournament," "tenant," "nonnative wildlife," "reptiles," "amphibians," "deer," "domestic deer," "migratory game bird," "accompany," "all-purpose vehicle," "wholly enclosed preserve," "commercial bird shooting preserve," "wild animal hunting preserve," and "captive white-tailed deer," and "Lake Erie sport fishing district" have the same meanings as in section 1531.01 of the Revised Code. 10723 10724 10725 10726 10727 10728 10729 10730 10731 10732 10733 10734 10735 10736 10737 10738 10739 10740 Sec. 1533.101. Any person who has a current hunting or fishing license, a nonresident Lake Erie sport fishing district permit, a wetlands habitat stamp, a deer or wild turkey permit, or a fur taker permit pursuant to this chapter and has lost or destroyed the license, stamp, or permit, or had the license, stamp, or permit stolen, may be reissued such license, stamp, or permit. The person shall file with the clerk of the court of common pleas an application in affidavit form or, if the chief of the division of wildlife authorizes it, apply for a reissued license, stamp, or permit to an authorized agent designated by the chief, and pay a fee for each license, stamp, or permit of four 10741 10742 10743 10744 10745 10746 10747 10748 10749 10750 10751 H. B. No. 110 Page 347 As Introduced dollars. The clerk or agent shall administer the oath to the applicant, issue a reissued license, stamp, or permit that shall allow the applicant to hunt, fish, or trap, as applicable, and send a copy of the reissued license, stamp, or permit to the division of wildlife. 10752 10753 10754 10755 10756 All moneys received as fees for the issuance of reissued licenses, stamps, or permits shall be transmitted to the director of natural resources to be paid into the state treasury to the credit of the funds to which the fees for the original licenses, stamps, and permits were credited. 10757 10758 10759 10760 10761 No person shall knowingly or willfully secure, attempt to secure, or use a reissued hunting or fishing license, wetlands habitat stamp, deer or wild turkey permit, or fur taker permit to which the person is not entitled. No person shall knowingly or willfully issue a reissued hunting or fishing license, wetlands habitat stamp, deer or wild turkey permit, or fur taker permit under this section to any person who is not entitled to receive and use such a reissued license, stamp, or permit. 10762 10763 10764 10765 10766 10767 10768 10769 Sec. 1533.11. (A)(1) Except as provided in this section or section 1533.731 of the Revised Code, no person shall hunt deer on lands of another without first obtaining an annual deer permit. Except as provided in this section, no person shall hunt wild turkeys on lands of another without first obtaining an annual wild turkey permit. A deer or wild turkey permit is valid during the hunting license year in which the permit is purchased. Except as provided in rules adopted under division (B) of that section 1533.12 of the Revised Code, each applicant for a deer or wild turkey permit shall pay an annual fee for each permit in accordance with the following schedule: 10770 10771 10772 10773 10774 10775 10776 10777 10778 10779 10780 Deer permit – resident $30.00 10781 H. B. No. 110 Page 348 As Introduced Deer permit – nonresident $74.00 10782 Youth deer permit – resident and nonresident $15.00 10783 Senior deer permit – resident $11.50$11.00 10784 Wild turkey permit – resident $30.00 10785 Wild turkey permit – nonresident $37.00 10786 Youth wild turkey permit – resident and nonresident $15.00 10787 Senior wild turkey permit – resident $11.50$11.00 10788 (2) As used in division (A)(1) of this section: 10789 (a) "Resident" means an individual who has resided in this state for not less than six months preceding the date of making application for a permit. 10790 10791 10792 (b) "Nonresident" means any individual who does not qualify as a resident. 10793 10794 (c) "Youth" means an applicant who is under the age of eighteen years at the time of application for a permit. 10795 10796 (d)(b) "Senior" means an applicant who is sixty-six years of age or older at the time of application for a permit. 10797 10798 (3) The money received shall be paid into the state treasury to the credit of the wildlife fund, created in section 1531.17 of the Revised Code, exclusively for the use of the division of wildlife in the acquisition and development of land for deer or wild turkey management, for investigating deer or wild turkey problems, and for the stocking, management, and protection of deer or wild turkey. 10799 10800 10801 10802 10803 10804 10805 (4) Every person, while hunting deer or wild turkey on lands of another, shall carry the person's deer or wild turkey permit and exhibit it to any enforcement officer so requesting. Failure to so carry and exhibit such a permit constitutes an offense under this section. 10806 10807 10808 10809 10810 (5) The chief of the division of wildlife shall adopt any 10811 H. B. No. 110 Page 349 As Introduced additional rules the chief considers necessary to carry out this section and section 1533.10 of the Revised Code. 10812 10813 (6) An owner who is a resident of this state or an owner who is exempt from obtaining a hunting license under section 1533.10 of the Revised Code and the children of the owner of lands in this state may hunt deer or wild turkey thereon without a deer or wild turkey permit. If the owner of land in this state is a limited liability company or a limited liability partnership that consists of three or fewer individual members or partners, as applicable, an individual member or partner who is a resident of this state and the member's or partner's children of any age may hunt deer or wild turkey on the land owned by the limited liability company or limited liability partnership without a deer or wild turkey permit. In addition, if the owner of land in this state is a trust that has a total of three or fewer trustees and beneficiaries, an individual who is a trustee or beneficiary and who is a resident of this state and the individual's children of any age may hunt deer or wild turkey on the land owned by the trust without a deer or wild turkey permit. The tenant and children of the tenant may hunt deer or wild turkey on lands where they reside without a deer or wild turkey permit. 10814 10815 10816 10817 10818 10819 10820 10821 10822 10823 10824 10825 10826 10827 10828 10829 10830 10831 10832 (B) A deer or wild turkey permit is not transferable. No person shall carry a deer or wild turkey permit issued in the name of another person. 10833 10834 10835 (C) The wildlife refunds fund is hereby created in the state treasury. The fund shall consist of money received from application fees for deer permits that are not issued. Money in the fund shall be used to make refunds of such application fees. 10836 10837 10838 10839 (D) If the division establishes a system for the electronic submission of information regarding deer or wild turkey that are taken, the division shall allow the owner and the children of the owner of lands in this state to use the owner's name or address 10840 10841 10842 10843 H. B. No. 110 Page 350 As Introduced for purposes of submitting that information electronically via that system. 10844 10845 Sec. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state. 10846 10847 10848 10849 10850 10851 10852 10853 10854 10855 10856 10857 (2) Every person on active duty in the armed forces of the United States, while on leave or furlough, may take or catch fish of the kind lawfully permitted to be taken or caught within the state, may hunt any wild bird or wild quadruped lawfully permitted to be hunted within the state, and may trap fur-bearing animals lawfully permitted to be trapped within the state, without procuring a fishing license, a hunting license, a fur taker permit, or a wetlands habitat stamp required by this chapter, provided that the person shall carry on the person when fishing, hunting, or trapping, a card or other evidence identifying the person as being on active duty in the armed forces of the United States, and provided that the person is not otherwise violating any of the hunting, fishing, and trapping laws of this state. 10858 10859 10860 10861 10862 10863 10864 10865 10866 10867 10868 10869 10870 In order to hunt deer or wild turkey, any such person shall obtain a deer or wild turkey permit, as applicable, under section 1533.11 of the Revised Code. Such a person is eligible to obtain a deer or wild turkey permit at the resident rate, regardless of 10871 10872 10873 10874 H. B. No. 110 Page 351 As Introduced whether the person is a resident of this state. However, the person need not obtain a hunting license in order to obtain such a permit. 10875 10876 10877 (B) The chief of the division of wildlife shall provide by rule adopted under section 1531.10 of the Revised Code all of the following: 10878 10879 10880 (1) Every resident of this state with a disability that has been determined by the veterans administration to be permanently and totally disabling, who receives a pension or compensation from the veterans administration, and who received an honorable discharge from the armed forces of the United States, and who is entitled to benefits under the dependent's education assistance program administered by the United States department of veterans affairs, and every veteran to whom the registrar of motor vehicles has issued a set of license plates under section 4503.41 of the Revised Code, shall be issued a fishing license, hunting license, fur taker permit, deer or wild turkey permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief. 10881 10882 10883 10884 10885 10886 10887 10888 10889 10890 10891 10892 10893 10894 10895 10896 (2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting license, fur taker permit, deer or wild turkey permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. 10897 10898 10899 10900 10901 10902 10903 (3) Every resident of state or county institutions, charitable institutions, and military homes in this state shall be issued an annual fishing license free of charge when application 10904 10905 10906 H. B. No. 110 Page 352 As Introduced is made to the chief in the manner prescribed by and on forms provided by the chief. 10907 10908 (4) Any mobility impaired or blind person, as defined in section 955.011 of the Revised Code, who is a resident of this state and who is unable to engage in fishing without the assistance of another person shall be issued an annual fishing license free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. The person who is assisting the mobility impaired or blind person may assist in taking or catching fish of the kind permitted to be taken or caught without procuring the license required under section 1533.32 of the Revised Code, provided that only one line is used by both persons. 10909 10910 10911 10912 10913 10914 10915 10916 10917 10918 10919 (5) As used in division (B)(5) of this section, "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated, and incarcerated by an enemy of the United States. 10920 10921 10922 10923 10924 Any person who has been a prisoner of war, was honorably discharged from the military forces, and is a resident of this state shall be issued a fishing license, hunting license, fur taker permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief. 10925 10926 10927 10928 10929 10930 10931 10932 (C) The chief shall adopt rules pursuant to section 1531.08 of the Revised Code designating not more than two days, which need not be consecutive, in each year as "free sport fishing days" on which any resident may exercise the privileges accorded the holder of a fishing license issued under section 1533.32 of the Revised Code without procuring such a license, provided that the person is 10933 10934 10935 10936 10937 10938 H. B. No. 110 Page 353 As Introduced not otherwise violating any of the fishing laws of this state. 10939 Sec. 1546.06. The chief of the division of parks and watercraft shall prepare and submit to the director of natural resources maps and descriptions of the areas of lands and waters which the chief intends to designate as state park purchase areas. Such state park purchase areas may include lands and waters at the time belonging to the state, together with lands and waters not belonging to the state but which for reasons of protection, utilization, and administration should be subject to purchase by the state for park purposes. If such area is approved by the director of natural resources, it shall be known as a state park purchase area, and the map and description thereof, with the approval of the director of natural resources indorsed thereon, shall be filed in duplicate with the auditor of state director of administrative services and the attorney general. 10940 10941 10942 10943 10944 10945 10946 10947 10948 10949 10950 10951 10952 10953 All moneys appropriated for the purchase of lands and waters by the state for park purposes, unless specifically appropriated for the purchase of particular tracts or areas, may be expended for the purchase of lands or waters within any legally established state park purchase area. If, after the purchase of specifically designated tracts or areas, moneys from such appropriations remain unexpended, upon the request of the director of natural resources, the controlling board shall release such funds, in whole or in part, for the purchase of lands or waters within any state park purchase area. 10954 10955 10956 10957 10958 10959 10960 10961 10962 10963 Sec. 1547.533. No person shall operate a watercraft in this state if it displays an identification number or registration decal that is any of the following: 10964 10965 10966 (A) Fictitious; 10967 (B) A counterfeit or an unlawfully made copy of any 10968 H. B. No. 110 Page 354 As Introduced identification number or registration decal; 10969 (C) An identification number or registration decal that belongs to another watercraft. 10970 10971 Sec. 1547.59. The operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. The operator also shall give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. 10972 10973 10974 10975 10976 10977 10978 10979 10980 10981 10982 Any person who renders assistance at the scene of a collision, accident, or other casualty involving a vessel is not liable in a civil action for damages or injury to persons or property resulting from any act or omission in rendering assistance or in providing or arranging salvage, towage, medical treatment, or other assistance, except that the person is liable for willful or wanton misconduct in rendering assistance. Nothing in this section precludes recovery from any tortfeasor causing a collision, accident, or other casualty of damages caused or aggravated by the rendering of assistance. 10983 10984 10985 10986 10987 10988 10989 10990 10991 10992 In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, damage to property in excess of five hundred one thousand dollars, or the total loss of a vessel, shall file with the chief of the division of parks and watercraft a full description of the collision, 10993 10994 10995 10996 10997 10998 10999 H. B. No. 110 Page 355 As Introduced accident, or other casualty on a form prescribed by the chief. 11000 If the operator of the vessel involved in a collision, accident, or other casualty is incapacitated, the investigating law enforcement officer shall file the required form as prescribed by the chief. 11001 11002 11003 11004 Sec. 1551.01. As used in this chapter: 11005 (A) "Governmental agency" means the United States government or any department, agency, or instrumentality thereof; any department, agency, or instrumentality of a state government; any municipal corporation, county, township, board of education, or other political subdivision or any other body corporate and politic of a state; or any agency, commission, or authority established under an interstate compact or agreement. 11006 11007 11008 11009 11010 11011 11012 (B) "Energy resource development facility" means any energy resource development, research, or conservation facility, including pilot as well as demonstration facilities, and including undivided or other interests therein, acquired or to be acquired, or constructed or to be constructed under this chapter or Chapter 6121. or 6123. of the Revised Code, or acquired or to be acquired, or constructed or to be constructed by a governmental agency or person with all or a part of the cost thereof being paid from a loan or grant under such chapters, including all buildings and facilities that the director of development services determines necessary for the operation of the facility, together with all property, rights, easements, and interests that may be required for the operation of the facility, which facilities may include: 11013 11014 11015 11016 11017 11018 11019 11020 11021 11022 11023 11024 11025 (1) Any building, testing facility, testing device, or support facilities which would provide experimental, demonstration, or testing capabilities or services not otherwise available in this state and which are necessary for the accomplishment of the purposes of this chapter; 11026 11027 11028 11029 11030 H. B. No. 110 Page 356 As Introduced (2) Any method, process, structure, or equipment that is used to store coal, oil, natural gas, fuel for nuclear reactors, or any other form of energy; 11031 11032 11033 (3) Any method, process, structure, or equipment that is used to recover or convert coal, oil, natural gas, steam, or other form of energy from property located within the state for the purpose of supplying energy for utilization; 11034 11035 11036 11037 (4) Any method, process, structure, or equipment that is designed to result in more efficient recovery, conversion, or utilization of energy resources within the state, including any scrap tire recovery facility for which a registration certificate or permit has been issued under section 3734.78 of the Revised Code; 11038 11039 11040 11041 11042 11043 (5) Any improvement that is designed to improve the thermal efficiency of a building or structure or reduce the fuel or power needed to heat, cool, light, ventilate, or provide hot water in a building or structure; 11044 11045 11046 11047 (6) Any improvement designed to enable the substitution of coal or alternate fuel, other than natural gas, for natural gas or a petroleum fuel, or the conversion of coal to other fuels; 11048 11049 11050 (7) Any improvement designed to enable the combustion of high sulfur coal in compliance with air or water pollution control or solid waste disposal laws, including, but not limited to, any facility for processing coal to remove sulfur before combustion of the coal, for fluidized bed combustion, or for removal of the sulfur before the products of combustion are emitted or discharged. 11051 11052 11053 11054 11055 11056 11057 (C) "Cost" as applied to an energy resource development facility means the cost of acquisition and construction, the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required for such 11058 11059 11060 11061 H. B. No. 110 Page 357 As Introduced acquisition and construction, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of acquiring or constructing and equipping a principal office and sub-offices of the department of development, the cost of diverting highways, interchange of highways, access roads to private property, including the cost of land or easements for such access roads, the cost of public utility and common carrier relocation or duplication, the cost of all machinery, furnishings, and equipment, financing charges, interest prior to and during construction and for no more than eighteen months after completion of construction, engineering, expenses of research and development with respect to the facility, legal expenses, plans, specifications, surveys, studies, estimates of cost and revenues, working capital, other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing such facility, administrative expense, and such other expense as may be necessary or incident to the acquisition or construction of the facility, the financing of such acquisition or construction, including the amount authorized in the resolution of the Ohio water development authority providing for the issuance of energy resource development revenue bonds to be paid into any special funds from the proceeds of such bonds, and the financing of the placing of such facility in operation. Any obligation, cost, or expense incurred after August 26, 1975, by any governmental agency or person for surveys, borings, preparation of plans and specifications, and other engineering services, or any other cost described above, in connection with the acquisition or construction of a facility may be regarded as a part of the cost of such facility and may be reimbursed out of the proceeds of energy resource development revenue bonds. 11062 11063 11064 11065 11066 11067 11068 11069 11070 11071 11072 11073 11074 11075 11076 11077 11078 11079 11080 11081 11082 11083 11084 11085 11086 11087 11088 11089 11090 11091 11092 (D) "Revenues" means all rentals and other charges received by the Ohio water development authority for the use or services of 11093 11094 H. B. No. 110 Page 358 As Introduced any energy resource development facility, any contract, gift, or grant received with respect to any energy resource development facility, and moneys received with respect to the lease, sublease, sale, including installment sale or conditional sale, or other disposition of an energy resource development facility, moneys received in repayment of and for interest on any loans made by the authority to a person or governmental agency, whether from the United States or any department, administration, or agency thereof, or otherwise, proceeds of energy resource development revenue bonds to the extent that the use thereof for payment of principal of, premium, if any, or interest on the bonds is authorized by the authority, proceeds from any insurance, condemnation, or guaranty pertaining to a facility or property mortgaged to secure bonds or pertaining to the financing of a facility, and income and profit from the investment of the proceeds of energy resource development revenue bonds or of any revenues. 11095 11096 11097 11098 11099 11100 11101 11102 11103 11104 11105 11106 11107 11108 11109 11110 11111 (E) "Construction," unless the context indicates a different meaning or intent, includes construction, reconstruction, enlargement, improvement, or providing furnishings or equipment. 11112 11113 11114 (F) "Energy resource development revenue bonds," unless the context indicates a different meaning or intent, includes energy resource development revenue bonds, energy resource development revenue notes, and energy resource development revenue refunding bonds. 11115 11116 11117 11118 11119 (G) "Energy" means work or heat that is, or can be, produced from any fuel or source whatsoever. 11120 11121 (H) "Energy audit" means any process by which energy usage or costs of heating, cooling, lighting, and climate control in a building or structure are determined. 11122 11123 11124 (I) "Energy conservation" means preservation of energy 11125 H. B. No. 110 Page 359 As Introduced resources by efficient utilization, and reduction of waste. 11126 (J) "Energy conservation measure" means any modification of a building, structure, machine, appliance, vehicle, improvement, or process in order to improve its efficiency of energy use or energy costs. 11127 11128 11129 11130 (K) "Fuel" means petroleum, crude oil, petroleum product, coal, natural gas, synthetic natural or artificial gas, nuclear, or other substance used primarily for its energy content. 11131 11132 11133 (L) "Net energy analysis" means the determination of the amount of energy remaining after all energy outputs have been subtracted from the energy inputs of a given system. 11134 11135 11136 (M) "Department of development" means the development services agency and "director of development" means the director of development services. 11137 11138 11139 Sec. 1551.33. (A) The director of development services shall appoint and fix the compensation of the director of the Ohio coal development office. The director shall serve at the pleasure of the director of development services. 11140 11141 11142 11143 (B) The director of the office shall do all of the following: 11144 (1) Biennially prepare and maintain the Ohio coal development agenda required under section 1551.34 of the Revised Code; 11145 11146 (2) Propose and support policies for the office consistent with the Ohio coal development agenda and develop means to implement the agenda; 11147 11148 11149 (3) Initiate, undertake, and support projects to carry out the office's purposes and ensure that the projects are consistent with and meet the selection criteria established by the Ohio coal development agenda; 11150 11151 11152 11153 (4) Actively encourage joint participation in and, when 11154 H. B. No. 110 Page 360 As Introduced feasible, joint funding of the office's projects with governmental agencies, electric utilities, universities and colleges, other public or private interests, or any other person; 11155 11156 11157 (5) Establish a table of organization for and employ such employees and agents as are necessary for the administration and operation of the office. Any such employees shall be in the unclassified service and shall serve at the pleasure of the director of development services. 11158 11159 11160 11161 11162 (6) Convene the technical advisory committee established under section 1551.35 of the Revised Code; 11163 11164 (7) Review, with the assistance of the technical advisory committee, proposed coal research and development projects as defined in section 1555.01 of the Revised Code, and coal development projects, submitted to the office by public utilities for the purpose of section 4905.304 of the Revised Code. If the director and the advisory committee determine that any such facility or project has as its purpose the enhanced use of Ohio coal in an environmentally acceptable, cost effective manner, promotes energy conservation, is cost effective, and is environmentally sound, the director shall submit to the public utilities commission a report recommending that the commission allow the recovery of costs associated with the facility or project under section 4905.304 of the Revised Code and including the reasons for the recommendation. 11165 11166 11167 11168 11169 11170 11171 11172 11173 11174 11175 11176 11177 11178 (8) Establish such policies, procedures, and guidelines as are necessary to achieve the office's purposes. 11179 11180 (C) With the approval of the director of development services, the director of the office may exercise any of the powers and duties that the director of development services considers appropriate or desirable to achieve the office's purposes, including, but not limited to, the powers and duties 11181 11182 11183 11184 11185 H. B. No. 110 Page 361 As Introduced enumerated in sections 1551.11, 1551.12, and 1551.15 of the Revised Code. 11186 11187 Additionally, the director of the office may make loans to governmental agencies or persons for projects to carry out the office's purposes. Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans shall be such as the director of the office determines to be appropriate and in furtherance of the purposes for which the loans are made. The mortgage lien securing any moneys lent by the director of the office may be subordinate to the mortgage lien securing any moneys lent or invested by a financial institution, but shall be superior to that securing any moneys lent or expended by any other person. The moneys used in making the loans shall be disbursed upon order of the director of the office. 11188 11189 11190 11191 11192 11193 11194 11195 11196 11197 11198 11199 11200 Sec. 1551.35. (A) There is hereby established a technical advisory committee to assist the director of the Ohio coal development office in achieving the office's purposes. The director of development services shall appoint to the committee one member of the public utilities commission and one representative each of coal production companies, the united mine workers of America, and electric utilities, as well as two people with a background in coal research and development technology, one of whom is employed at the time of the member's appointment by a state university, as defined in section 3345.011 of the Revised Code. In addition, the committee shall include four legislative members. The speaker and minority leader of the house of representatives each shall appoint one member of the house of representatives, and the president and minority leader of the senate each shall appoint one member of the senate, to the committee. The director of environmental protection shall serve on the committee as an ex officio member. Any member of the committee 11201 11202 11203 11204 11205 11206 11207 11208 11209 11210 11211 11212 11213 11214 11215 11216 11217 H. B. No. 110 Page 362 As Introduced may designate in writing a substitute to serve in the member's absence on the committee. The director of environmental protection may designate in writing the chief of the air pollution control division of the environmental protection agency to represent the agency. Members shall serve on the committee at the pleasure of their appointing authority. Members of the committee appointed by the director of development services and, notwithstanding section 101.26 of the Revised Code, legislative members of the committee, when engaged in their official duties as members of the committee, shall be compensated on a per diem basis in accordance with division (J) of section 124.15 of the Revised Code, except that the member of the public utilities commission and, while employed by a state university, the member with a background in coal research, shall not be so compensated. Members shall receive their actual and necessary expenses incurred in the performance of their duties. 11218 11219 11220 11221 11222 11223 11224 11225 11226 11227 11228 11229 11230 11231 11232 11233 (B) The technical advisory committee shall review and make recommendations concerning the Ohio coal development agenda required under section 1551.34 of the Revised Code, project proposals, research and development projects submitted to the office by public utilities for the purpose of section 4905.304 of the Revised Code, proposals for grants, loans, and loan guarantees for purposes of sections 1555.01 to 1555.06 of the Revised Code, and such other topics as the director of the office considers appropriate. 11234 11235 11236 11237 11238 11239 11240 11241 11242 (C) The technical advisory committee may hold an executive session at any regular or special meeting for the purpose of considering research and development project proposals or applications for assistance submitted to the Ohio coal development office under section 1551.33, or sections 1555.01 to 1555.06, of the Revised Code, to the extent that the proposals or applications consist of trade secrets or other proprietary information. 11243 11244 11245 11246 11247 11248 11249 H. B. No. 110 Page 363 As Introduced Any materials or data submitted to, made available to, or received by the department of development services agency or the director of the Ohio coal development office in connection with agreements for assistance entered into under this chapter or Chapter 1555. of the Revised Code, or any information taken from those materials or data for any purpose, to the extent that the materials or data consist of trade secrets or other proprietary information, are not public records for the purposes of section 149.43 of the Revised Code. 11250 11251 11252 11253 11254 11255 11256 11257 11258 As used in this division, "trade secrets" has the same meaning as in section 1333.61 of the Revised Code. 11259 11260 Sec. 1561.12. An applicant for any examination or certificate under this section shall, before being examined, register the applicant's name with the chief of the division of mineral resources management and file with the chief an affidavit as to all matters of fact establishing the applicant's right to receive the examination, a certificate of good character and temperate habits signed by at least three reputable citizens of the community in which the applicant resides, and a certificate from a reputable and disinterested physician as to the physical condition of the applicant showing that the applicant is physically capable of performing the duties of the office or position. 11261 11262 11263 11264 11265 11266 11267 11268 11269 11270 11271 11272 Each applicant for examination for any of the following positions shall present evidence satisfactory to the chief that the applicant has been a resident and citizen of this state for two years next preceding the date of application: 11273 11274 11275 11276 (A) An applicant for the position of deputy mine inspector of underground mines shall have had actual practical experience of not less than six years, at least two of which shall have been in the underground workings of mines in this state. In the case of an 11277 11278 11279 11280 H. B. No. 110 Page 364 As Introduced applicant who would inspect underground coal mines, the two years shall consist of actual practical experience in underground coal mines. In the case of an applicant who would inspect noncoal mines, the two years shall consist of actual practical experience in noncoal mines in underground mines. In lieu of two of the six years of the actual practical experience required in underground mines, the chief may accept as the equivalent thereof a certificate evidencing graduation from an accredited school of mines or mining, after a four-year course of study, but such credit shall not apply as to the two years' actual practical experience required in the mines in this state. 11281 11282 11283 11284 11285 11286 11287 11288 11289 11290 11291 The applicant shall pass an examination as to the applicant's practical and technological knowledge of mine surveying, mining machinery, and appliances; the proper development and operation of mines; the best methods of working and ventilating mines; the nature, properties, and powers of noxious, poisonous, and explosive gases, particularly methane; the best means and methods of detecting, preventing, and removing the accumulation of such gases; the use and operation of gas detecting devices and appliances; first aid to the injured; and the uses and dangers of electricity as applied and used in, at, and around mines. The applicant shall also hold a certificate for foreperson of gaseous mines issued by the chief. 11292 11293 11294 11295 11296 11297 11298 11299 11300 11301 11302 11303 (B) An applicant for the position of deputy mine inspector of surface mines shall have had actual practical mining experience of not less than six years, at least two of which shall have been in surface mines in this state. In lieu of two of the six years of the actual practical experience required, the chief may accept as the equivalent thereof a certificate evidencing graduation from an accredited school of mines or mining, after a four-year course of study, but that credit shall not apply as to the two years' actual practical experience required in the mines in this state. The 11304 11305 11306 11307 11308 11309 11310 11311 11312 H. B. No. 110 Page 365 As Introduced applicant shall pass an examination as to the applicant's practical and technological knowledge of surface mine surveying, machinery, and appliances; the proper development and operations of surface mines; first aid to the injured; and the use and dangers of explosives and electricity as applied and used in, at, and around surface mines. The applicant shall also hold a surface mine foreperson certificate issued by the chief. 11313 11314 11315 11316 11317 11318 11319 (C) An applicant for the position of electrical inspector shall have had at least five years' practical experience in the installation and maintenance of electrical circuits and equipment in mines, and the applicant shall be thoroughly familiar with the principles underlying the safety features of permissible and approved equipment as authorized and used in mines. 11320 11321 11322 11323 11324 11325 The applicant shall be required to pass the examination required for deputy mine inspectors and an examination testing and determining the applicant's qualification and ability to competently inspect and administer the mining law that relates to electricity used in and around mines and mining in this state. 11326 11327 11328 11329 11330 (D) An applicant for the position of superintendent or assistant superintendent of rescue stations shall possess the same qualifications as those required for a deputy mine inspector. In addition, the applicant shall present evidence satisfactory to the chief that the applicant is sufficiently qualified and trained to organize, supervise, and conduct group training classes in first aid, safety, and rescue work. 11331 11332 11333 11334 11335 11336 11337 The applicant shall pass the examination required for deputy mine inspectors and shall be tested as to the applicant's practical and technological experience and training in first aid, safety, and mine rescue work. 11338 11339 11340 11341 (E) An applicant for the position of mine chemist shall have such educational training as is represented by the degree MS in 11342 11343 H. B. No. 110 Page 366 As Introduced chemistry from a university of recognized standing, and at least five years of actual practical experience in research work in chemistry or as an assistant chemist. The chief may provide that an equivalent combination of education and experience together with a wide knowledge of the methods of and skill in chemical analysis and research may be accepted in lieu of the above qualifications. It is preferred that the chemist shall have had actual experience in mineralogy and metallurgy. 11344 11345 11346 11347 11348 11349 11350 11351 Sec. 1561.23. (A) The chief of the division of mineral resources management shall issue the following certificates to

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(134th General Assembly) (Amended Substitute House Bill Number 110) AN ACT To amend sections 1.14, 5.2247, 9.08, 9.318, 9.47, 9.821, 9.822, 9.83, 102.02, 103.11, 103.22, 103.41, 103.60, 105.41, 107.03, 109.02, 109.08, 109.111, 109.112, 109.32, 109.57, 109.572, 109.79, 109.803, 111.16, 111.27, 111.28, 111.48, 117.04, 117.05, 117.06, 117.09, 117.13, 117.22, 121.02, 121.03, 121.07, 121.08, 121.084, 121.22, 122.01, 122.011, 122.041, 122.09, 122.15, 122.151, 122.153, 122.154, 122.156, 122.17, 122.171, 122.178, 122.23, 122.403, 122.42, 122.60, 122.601, 122.603, 122.65, 122.72, 122.73, 122.74, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.84, 122.85, 122.87, 122.89, 122.90, 122.92, 122.98, 123.01, 123.02, 123.151, 123.152, 123.153, 123.154, 124.136, 124.152, 124.19, 125.02, 125.035, 125.04, 125.05, 125.08, 125.081, 125.09, 125.111, 125.112, 125.14, 125.18, 125.65, 125.832, 125.95, 126.021, 126.37, 126.60, 127.13, 128.55, 131.02, 131.025, 131.43, 131.50, 133.06, 135.02, 135.143, 135.45, 149.11, 149.311, 149.43, 149.434, 153.59, 155.011, 166.01, 166.03, 166.27, 167.03, 169.05, 173.38, 173.381, 173.39, 173.391, 173.392, 173.393, 174.01, 174.02, 183.021, 183.33, 184.01, 184.173, 187.03, 301.30, 307.921, 307.93, 319.54, 321.27, 323.153, 325.19, 329.12, 340.13, 341.12, 349.01, 351.021, 503.56, 504.04, 507.021, 511.10, 701.10, 715.013, 715.014, 715.72, 733.81, 901.171, 901.91, 905.59, 955.15, 1121.30, 1181.06, 1321.21, 1322.09, 1322.10, 1322.20, 1322.21, 1337.11, 1345.21, 1503.03, 1503.05, 1503.141, 1503.33, 1505.09, 1509.12, 1509.13, 1509.28, 1509.70, 1509.71, 1509.72, 1509.73, 1509.74, 1509.75, 1509.77, 1509.78, 1513.08, 1521.06, 1521.061, 1521.40, 1521.99, 1531.01, 1531.17, 1531.33, 1531.35, 1533.01, 1533.101, 1533.11, 1533.321, 1546.06, 1546.21, 1547.59, 1551.01, 1551.33, 1551.35, 1561.12, 1561.23, 1703.27, 1706.83, 1707.37, 1710.01, 1710.06, 1733.321, 1901.31, 1907.15, 2133.01, 2151.011, 2151.152, 2151.23, 2151.362, 2151.412, 2151.416, 2151.421, 2151.451, 2151.452, 2151.453, 2303.05, 2317.54, 2323.52, 2329.312, 2743.01, 2743.02, 2743.03, 2743.15, 2743.16, 2743.19, 2746.04, 2915.01, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, 2915.092, 2915.093, 2915.095, 2915.10, 2915.101, 2915.12, 2915.13, 2921.36, 2929.15, 2929.19, 2929.34, 2953.25, 2953.31, 2953.33, 2967.04, 2967.17, 2967.28, 2981.13, 3107.11, 3107.15, 3119.01, 3301.079, 3301.0712, 3301.0714, 3301.0715, 3302.036, 3302.04, 3302.20, 3302.41, 3307.31, 3309.51, 3310.02, 3310.03, 3310.032, 3310.035, 3310.07, 3310.10, 3310.13, 3310.16, 3310.41, 3310.51, 3310.52, 3310.54, 3310.57, 3310.62, 3311.741, 3312.01, 3313.411, 3313.48, 3313.488, 3313.60, 3313.603, 3313.608, 3313.6011, 3313.6013, 3313.61, 3313.618, 3313.619, 3313.6113, 3313.6114, 3313.63, 3313.64, 3313.713, 3313.842, 3313.902, 3313.974, 3313.975, 3313.976, 3313.978, 3313.979, 3313.98, 3313.981, 3314.013, 3314.016, 3314.017, 3314.02, 3314.021, 3314.03, 3314.034, 3314.05, 3314.06, 3314.08, 3314.083, 3314.084, 3314.086, 3314.087, 3314.091, 3314.11, 3314.191, 3314.20, 3314.24, 3314.261, 3314.353, 3315.18, 3317.013, 3317.014, 3317.016, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.028, 3317.0212, 3317.0213, 3317.0214, 3317.03, Am. Sub. H. B. No. 110 134th G.A. 2 3317.051, 3317.062, 3317.063, 3317.064, 3317.16, 3317.161, 3317.20, 3317.201, 3317.25, 3318.038, 3319.087, 3319.151, 3319.227, 3319.229, 3319.236, 3319.31, 3319.57, 3319.60, 3319.61, 3319.99, 3324.05, 3324.09, 3326.01, 3326.02, 3326.03, 3326.032, 3326.04, 3326.07, 3326.08, 3326.10, 3326.101, 3326.11, 3326.14, 3326.23, 3326.31, 3326.32, 3326.35, 3326.36, 3326.39, 3326.40, 3326.51, 3327.01, 3327.02, 3328.24, 3328.32, 3328.34, 3333.049, 3333.051, 3333.31, 3333.38, 3333.61, 3333.613, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.68, 3333.69, 3333.79, 3335.38, 3345.32, 3354.01, 3357.09, 3358.01, 3365.01, 3365.02, 3365.03, 3365.032, 3365.04, 3365.07, 3365.08, 3501.302, 3701.021, 3701.022, 3701.132, 3701.362, 3701.501, 3701.602, 3701.61, 3701.613, 3701.831, 3701.881, 3701.916, 3702.304, 3702.511, 3703.01, 3703.03, 3709.052, 3709.06, 3709.07, 3713.02, 3717.22, 3717.221, 3721.02, 3734.57, 3734.85, 3734.901, 3735.65, 3735.67, 3735.671, 3736.01, 3737.17, 3737.71, 3741.14, 3745.014, 3745.11, 3746.01, 3746.04, 3746.071, 3746.09, 3746.10, 3746.11, 3746.12, 3746.13, 3746.17, 3746.18, 3746.19, 3746.20, 3746.21, 3746.31, 3746.35, 3770.06, 3770.073, 3772.01, 3791.07, 3794.01, 3794.03, 3796.28, 3902.50, 3902.60, 3902.70, 3905.04, 3929.87, 4104.32, 4104.34, 4104.36, 4104.37, 4117.103, 4141.01, 4141.131, 4141.21, 4141.22, 4141.51, 4141.53, 4141.55, 4301.03, 4301.10, 4301.12, 4301.30, 4301.42, 4301.43, 4301.432, 4301.62, 4301.82, 4303.03, 4303.031, 4303.071, 4303.17, 4303.185, 4303.2010, 4303.232, 4303.233, 4303.234, 4303.26, 4303.271, 4303.33, 4303.332, 4303.333, 4303.99, 4501.21, 4503.066, 4505.09, 4511.191, 4513.601, 4513.62, 4709.10, 4713.02, 4715.36, 4719.01, 4723.431, Am. Sub. H. B. No. 110 134th G.A. 3 4729.43, 4729.80, 4729.86, 4730.43, 4731.22, 4735.05, 4735.14, 4735.15, 4735.211, 4755.01, 4755.02, 4755.04, 4755.05, 4755.06, 4755.08, 4755.11, 4755.12, 4755.42, 4755.421, 4755.47, 4755.48, 4755.64, 4757.10, 4763.15, 4779.28, 4779.33, 4781.04, 4781.07, 4781.281, 4781.56, 4781.57, 4901.10, 4906.02, 4927.01, 5101.141, 5101.1411, 5101.1412, 5101.1415, 5101.341, 5101.54, 5101.63, 5101.741, 5101.802, 5101.971, 5103.02, 5103.031, 5103.0310, 5103.0316, 5104.01, 5104.017, 5104.07, 5104.29, 5104.31, 5104.34, 5107.10, 5119.27, 5119.33, 5119.34, 5119.36, 5119.37, 5119.43, 5119.99, 5120.035, 5120.62, 5123.19, 5123.35, 5123.89, 5124.01, 5124.101, 5124.15, 5124.151, 5124.152, 5124.17, 5124.19, 5124.191, 5124.21, 5124.23, 5124.29, 5124.30, 5124.38, 5124.39, 5124.40, 5124.41, 5124.46, 5126.044, 5126.05, 5126.054, 5126.055, 5126.056, 5126.071, 5126.131, 5145.31, 5149.31, 5149.38, 5153.122, 5153.124, 5153.163, 5163.06, 5163.061, 5164.34, 5164.342, 5165.01, 5165.15, 5165.151, 5165.16, 5165.17, 5165.191, 5165.26, 5165.36, 5165.771, 5166.01, 5167.10, 5167.16, 5168.60, 5168.61, 5301.13, 5301.14, 5301.15, 5301.18, 5301.21, 5322.01, 5322.02, 5322.03, 5501.332, 5502.30, 5540.02, 5701.11, 5703.21, 5703.70, 5705.16, 5705.19, 5709.121, 5709.17, 5709.40, 5709.41, 5709.61, 5709.62, 5709.63, 5709.631, 5709.632, 5709.92, 5709.93, 5726.20, 5727.75, 5727.80, 5727.81, 5731.21, 5731.24, 5731.28, 5731.41, 5739.01, 5739.02, 5739.021, 5739.03, 5739.09, 5741.01, 5741.03, 5741.17, 5747.01, 5747.02, 5747.05, 5747.065, 5747.08, 5747.10, 5747.98, 5751.01, 5751.02, 5751.03, 5751.40, 5902.09, 5919.34, 6101.48, 6101.53, 6109.121, 6111.027, 6111.13, and 6301.06; to amend, for the purpose of adopting new section numbers Am. Sub. H. B. No. 110 134th G.A. 4 as indicated in parentheses, sections 9.318 (122.925), 123.151 (122.921), 123.152 (122.922), 123.153 (122.923), 123.154 (122.924), 155.011 (155.29), 1509.70 (155.30), 1509.71 (155.31), 1509.72 (155.32), 1509.73 (155.33), 1509.74 (155.34), 1509.75 (155.35), 1509.77 (155.36), 1509.78 (155.37), 3701.881 (3740.11), 3746.071 (3746.07), 4303.233 (4303.236), and 4303.234 (4303.235); to enact new sections 3317.017, 3317.0215, 3317.0217, 3317.0218, 4303.233, and 4303.234 and sections 5.246, 5.2527, 9.27, 9.58, 101.55, 107.121, 113.70, 113.71, 113.72, 113.73, 113.74, 113.75, 113.76, 113.77, 117.55, 122.6511, 122.6512, 122.851, 124.1312, 125.70, 149.309, 153.013, 173.012, 307.631, 307.632, 307.633, 307.634, 307.635, 307.636, 307.637, 307.638, 307.639, 307.641, 307.642, 307.643, 307.644, 307.645, 307.646, 307.647, 307.648, 307.649, 307.6410, 340.022, 727.031, 940.111, 1501.29, 1503.271, 1546.31, 1547.533, 1707.47, 1707.471, 1707.49, 1716.21, 2151.25, 2151.316, 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119, 2151.4120, 2151.4121, 2151.4122, 2743.76, 2915.14, 2915.15, 3301.23, 3301.85, 3302.043, 3302.103, 3302.42, 3304.24, 3307.091, 3310.033, 3310.034, 3310.036, 3310.411, 3310.70, 3313.6026, 3313.6412, 3313.905, 3314.089, 3314.262, 3314.355, 3317.011, 3317.012, 3317.018, 3317.019, 3317.0110, 3317.026, 3317.071, 3317.072, 3317.11, 3317.162, 3319.318, 3319.319, 3319.393, 3319.47, 3326.44, 3327.016, 3327.017, 3327.018, 3327.021, 3327.101, 3333.125, 3333.301, 3333.615, 3345.027, 3345.063, 3345.82, 3365.035, 3375.011, 3376.01, 3376.02, 3376.03, 3376.04, 3376.05, 3376.06, 3376.07, 3376.08, 3501.054, 3701.0410, 3701.0411, 3701.145, 3709.012, 3721.081, Am. Sub. H. B. No. 110 134th G.A. 5 3727.80, 3736.021, 3740.01, 3740.02, 3740.03, 3740.04, 3740.05, 3740.07, 3740.10, 3740.99, 3772.37, 3796.31, 3902.72, 3953.331, 3953.36, 4104.33, 4104.35, 4141.286, 4303.237, 4505.104, 4513.602, 4513.603, 4713.351, 4729.284, 4731.152, 4731.33, 4731.90, 4743.10, 4779.281, 5101.04, 5101.041, 5101.1416, 5101.1417, 5101.1418, 5101.545, 5101.806, 5101.8812, 5103.163, 5119.191, 5120.212, 5123.025, 5123.026, 5123.034, 5123.603, 5162.82, 5163.52, 5165.261, 5168.90, 5301.05, 5713.083, 5747.72, 5747.73, 5747.75, 5747.79, 5751.052, and 5751.091; to repeal sections 109.802, 111.29, 117.49, 117.50, 122.404, 149.08, 183.12, 183.13, 183.14, 183.15, 183.16, 183.17, 184.011, 341.121, 1503.012, 1509.76, 1533.38, 1546.24, 3301.0724, 3301.122, 3301.46, 3301.922, 3310.08, 3310.09, 3310.55, 3310.56, 3313.5316, 3313.901, 3314.033, 3314.085, 3314.088, 3314.30, 3314.31, 3314.37, 3314.53, 3317.017, 3317.029, 3317.0215, 3317.0216, 3317.0217, 3317.0218, 3317.0219, 3317.163, 3317.26, 3317.27, 3326.05, 3326.111, 3326.33, 3326.41, 3326.42, 3328.33, 3333.611, 3333.612, 3333.614, 3333.67, 3735.01, 3746.07, 4503.515, 5123.046, 5124.171, 5124.195, 5124.196, 5124.197, 5124.198, 5124.199, 5124.211, 5124.231, 5124.28, 5126.12, 5126.121, 5165.25, 5167.172, 5701.15, and 5741.032 of the Revised Code; to amend Section 8 of S.B. 18 of the 134th General Assembly, Section 5 of H.B. 123 of the 133rd General Assembly, Section 733.61 of H.B. 166 of the 133rd General Assembly, Section 29 of H.B. 197 of the 133rd General Assembly, Sections 4 and 5 of S.B. 276 of the 133rd General Assembly, Section 2 of H.B. 308 of the 133rd General Assembly, Sections 213.10, 221.10, 221.13, 223.10, 223.15, 223.50, 227.10, Am. Sub. H. B. No. 110 134th G.A. 6 233.10, and 237.13 of S.B. 310 of the 133rd General Assembly, Sections 207.28 and 223.15 as subsequently amended of H.B. 481 of the 133rd General Assembly, and Sections 125.10 and 125.11 of H.B. 59 of the 130th General Assembly, as subsequently amended, and to repeal Section 757.50 of H.B. 59 of the 130th General Assembly; to amend the version of section 3319.227 of the Revised Code that is scheduled to take effect April 12, 2023; to amend sections 111.15, 140.01, 3701.07, 3701.351, 3701.503, 3701.5010, 3701.63, 3701.69, 3701.83, 3702.30, 3702.31, 3702.51, 3702.52, 3702.521, 3702.55, 3702.592, 3702.593, 3705.30, 3705.41, 3711.01, 3711.02, 3711.04, 3711.05, 3711.06, 3711.10, 3711.12, 3711.14, 3711.30, 3727.70, 3781.112, 3901.40, 3929.67, 4723.431, 4723.481, 4730.411, 4731.31, and 4761.01, to enact sections 3722.01, 3722.02, 3722.03, 3722.04, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 3722.14, and 3722.99, and to repeal sections 3702.11, 3702.12, 3702.13, 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20, 3727.01, 3727.02, 3727.03, 3727.04, 3727.05, 3727.06, 3727.07, 3727.99, and 5703.95 of the Revised Code; to amend sections 9.78, 9.79, and 4798.01 of the Revised Code, to repeal the versions of sections 101.721, 101.921, and 121.621 of the Revised Code that are scheduled to take effect on October 9, 2021, to amend Section 2 of H.B. 263 of the 133rd General Assembly, and to amend the version of section 9.78 of the Revised Code that is scheduled to take effect on October 9, 2021; to make operating appropriations for the biennium beginning July 1, 2021, and ending June 30, 2023, to levy taxes, and to provide authorization and conditions for the operation of Am. Sub. H. B. No. 110 134th G.A. 7 state programs. Be it enacted by the General Assembly of the State of Ohio: SECTION 101.01. That sections 1.14, 5.2247, 9.08, 9.318, 9.47, 9.821, 9.822, 9.83, 102.02, 103.11, 103.22, 103.41, 103.60, 105.41, 107.03, 109.02, 109.08, 109.111, 109.112, 109.32, 109.57, 109.572, 109.79, 109.803, 111.16, 111.27, 111.28, 111.48, 117.04, 117.05, 117.06, 117.09, 117.13, 117.22, 121.02, 121.03, 121.07, 121.08, 121.084, 121.22, 122.01, 122.011, 122.041, 122.09, 122.15, 122.151, 122.153, 122.154, 122.156, 122.17, 122.171, 122.178, 122.23, 122.403, 122.42, 122.60, 122.601, 122.603, 122.65, 122.72, 122.73, 122.74, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.84, 122.85, 122.87, 122.89, 122.90, 122.92, 122.98, 123.01, 123.02, 123.151, 123.152, 123.153, 123.154, 124.136, 124.152, 124.19, 125.02, 125.035, 125.04, 125.05, 125.08, 125.081, 125.09, 125.111, 125.112, 125.14, 125.18, 125.65, 125.832, 125.95, 126.021, 126.37, 126.60, 127.13, 128.55, 131.02, 131.025, 131.43, 131.50, 133.06, 135.02, 135.143, 135.45, 149.11, 149.311, 149.43, 149.434, 153.59, 155.011, 166.01, 166.03, 166.27, 167.03, 169.05, 173.38, 173.381, 173.39, 173.391, 173.392, 173.393, 174.01, 174.02, 183.021, 183.33, 184.01, 184.173, 187.03, 301.30, 307.921, 307.93, 319.54, 321.27, 323.153, 325.19, 329.12, 340.13, 341.12, 349.01, 351.021, 503.56, 504.04, 507.021, 511.10, 701.10, 715.013, 715.014, 715.72, 733.81, 901.171, 901.91, 905.59, 955.15, 1121.30, 1181.06, 1321.21, 1322.09, 1322.10, 1322.20, 1322.21, 1337.11, 1345.21, 1503.03, 1503.05, 1503.141, 1503.33, 1505.09, 1509.12, 1509.13, 1509.28, 1509.70, 1509.71, 1509.72, 1509.73, 1509.74, 1509.75, 1509.77, 1509.78, 1513.08, 1521.06, 1521.061, 1521.40, 1521.99, 1531.01, 1531.17, 1531.33, 1531.35, 1533.01, 1533.101, 1533.11, 1533.321, 1546.06, 1546.21, 1547.59, 1551.01, 1551.33, 1551.35, 1561.12, 1561.23, 1703.27, 1706.83, 1707.37, 1710.01, 1710.06, 1733.321, 1901.31, 1907.15, 2133.01, 2151.011, 2151.152, 2151.23, 2151.362, 2151.412, 2151.416, 2151.421, 2151.451, 2151.452, 2151.453, 2303.05, 2317.54, 2323.52, 2329.312, 2743.01, 2743.02, 2743.03, 2743.15, 2743.16, 2743.19, 2746.04, 2915.01, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, 2915.092, 2915.093, 2915.095, 2915.10, 2915.101, 2915.12, 2915.13, 2921.36, 2929.15, 2929.19, 2929.34, 2953.25, 2953.31, 2953.33, 2967.04, 2967.17, 2967.28, 2981.13, 3107.11, 3107.15, 3119.01, 3301.079, 3301.0712, 3301.0714, 3301.0715, 3302.036, 3302.04, 3302.20, 3302.41, 3307.31, 3309.51, 3310.02, 3310.03, 3310.032, 3310.035, 3310.07, 3310.10, 3310.13, 3310.16, 3310.41, 3310.51, 3310.52, Am. Sub. H. B. No. 110 134th G.A. 8 3310.54, 3310.57, 3310.62, 3311.741, 3312.01, 3313.411, 3313.48, 3313.488, 3313.60, 3313.603, 3313.608, 3313.6011, 3313.6013, 3313.61, 3313.618, 3313.619, 3313.6113, 3313.6114, 3313.63, 3313.64, 3313.713, 3313.842, 3313.902, 3313.974, 3313.975, 3313.976, 3313.978, 3313.979, 3313.98, 3313.981, 3314.013, 3314.016, 3314.017, 3314.02, 3314.021, 3314.03, 3314.034, 3314.05, 3314.06, 3314.08, 3314.083, 3314.084, 3314.086, 3314.087, 3314.091, 3314.11, 3314.191, 3314.20, 3314.24, 3314.261, 3314.353, 3315.18, 3317.013, 3317.014, 3317.016, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.028, 3317.0212, 3317.0213, 3317.0214, 3317.03, 3317.051, 3317.062, 3317.063, 3317.064, 3317.16, 3317.161, 3317.20, 3317.201, 3317.25, 3318.038, 3319.087, 3319.151, 3319.227, 3319.229, 3319.236, 3319.31, 3319.57, 3319.60, 3319.61, 3319.99, 3324.05, 3324.09, 3326.01, 3326.02, 3326.03, 3326.032, 3326.04, 3326.07, 3326.08, 3326.10, 3326.101, 3326.11, 3326.14, 3326.23, 3326.31, 3326.32, 3326.35, 3326.36, 3326.39, 3326.40, 3326.51, 3327.01, 3327.02, 3328.24, 3328.32, 3328.34, 3333.049, 3333.051, 3333.31, 3333.38, 3333.61, 3333.613, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.68, 3333.69, 3333.79, 3335.38, 3345.32, 3354.01, 3357.09, 3358.01, 3365.01, 3365.02, 3365.03, 3365.032, 3365.04, 3365.07, 3365.08, 3501.302, 3701.021, 3701.022, 3701.132, 3701.362, 3701.501, 3701.602, 3701.61, 3701.613, 3701.831, 3701.881, 3701.916, 3702.304, 3702.511, 3703.01, 3703.03, 3709.052, 3709.06, 3709.07, 3713.02, 3717.22, 3717.221, 3721.02, 3734.57, 3734.85, 3734.901, 3735.65, 3735.67, 3735.671, 3736.01, 3737.17, 3737.71, 3741.14, 3745.014, 3745.11, 3746.01, 3746.04, 3746.071, 3746.09, 3746.10, 3746.11, 3746.12, 3746.13, 3746.17, 3746.18, 3746.19, 3746.20, 3746.21, 3746.31, 3746.35, 3770.06, 3770.073, 3772.01, 3791.07, 3794.01, 3794.03, 3796.28, 3902.50, 3902.60, 3902.70, 3905.04, 3929.87, 4104.32, 4104.34, 4104.36, 4104.37, 4117.103, 4141.01, 4141.131, 4141.21, 4141.22, 4141.51, 4141.53, 4141.55, 4301.03, 4301.10, 4301.12, 4301.30, 4301.42, 4301.43, 4301.432, 4301.62, 4301.82, 4303.03, 4303.031, 4303.071, 4303.17, 4303.185, 4303.2010, 4303.232, 4303.233, 4303.234, 4303.26, 4303.271, 4303.33, 4303.332, 4303.333, 4303.99, 4501.21, 4503.066, 4505.09, 4511.191, 4513.601, 4513.62, 4709.10, 4713.02, 4715.36, 4719.01, 4723.431, 4729.43, 4729.80, 4729.86, 4730.43, 4731.22, 4735.05, 4735.14, 4735.15, 4735.211, 4755.01, 4755.02, 4755.04, 4755.05, 4755.06, 4755.08, 4755.11, 4755.12, 4755.42, 4755.421, 4755.47, 4755.48, 4755.64, 4757.10, 4763.15, 4779.28, 4779.33, 4781.04, 4781.07, 4781.281, 4781.56, 4781.57, 4901.10, 4906.02, 4927.01, 5101.141, 5101.1411, 5101.1412, 5101.1415, 5101.341, 5101.54, 5101.63, 5101.741, 5101.802, 5101.971, 5103.02, Am. Sub. H. B. No. 110 134th G.A. 9 5103.031, 5103.0310, 5103.0316, 5104.01, 5104.017, 5104.07, 5104.29, 5104.31, 5104.34, 5107.10, 5119.27, 5119.33, 5119.34, 5119.36, 5119.37, 5119.43, 5119.99, 5120.035, 5120.62, 5123.19, 5123.35, 5123.89, 5124.01, 5124.101, 5124.15, 5124.151, 5124.152, 5124.17, 5124.19, 5124.191, 5124.21, 5124.23, 5124.29, 5124.30, 5124.38, 5124.39, 5124.40, 5124.41, 5124.46, 5126.044, 5126.05, 5126.054, 5126.055, 5126.056, 5126.071, 5126.131, 5145.31, 5149.31, 5149.38, 5153.122, 5153.124, 5153.163, 5163.06, 5163.061, 5164.34, 5164.342, 5165.01, 5165.15, 5165.151, 5165.16, 5165.17, 5165.191, 5165.26, 5165.36, 5165.771, 5166.01, 5167.10, 5167.16, 5168.60, 5168.61, 5301.13, 5301.14, 5301.15, 5301.18, 5301.21, 5322.01, 5322.02, 5322.03, 5501.332, 5502.30, 5540.02, 5701.11, 5703.21, 5703.70, 5705.16, 5705.19, 5709.121, 5709.17, 5709.40, 5709.41, 5709.61, 5709.62, 5709.63, 5709.631, 5709.632, 5709.92, 5709.93, 5726.20, 5727.75, 5727.80, 5727.81, 5731.21, 5731.24, 5731.28, 5731.41, 5739.01, 5739.02, 5739.021, 5739.03, 5739.09, 5741.01, 5741.03, 5741.17, 5747.01, 5747.02, 5747.05, 5747.065, 5747.08, 5747.10, 5747.98, 5751.01, 5751.02, 5751.03, 5751.40, 5902.09, 5919.34, 6101.48, 6101.53, 6109.121, 6111.027, 6111.13, and 6301.06 be amended; sections 9.318 (122.925), 123.151 (122.921), 123.152 (122.922), 123.153 (122.923), 123.154 (122.924), 155.011 (155.29), 1509.70 (155.30), 1509.71 (155.31), 1509.72 (155.32), 1509.73 (155.33), 1509.74 (155.34), 1509.75 (155.35), 1509.77 (155.36), 1509.78 (155.37), 3701.881 (3740.11), 3746.071 (3746.07), 4303.233 (4303.236), and 4303.234 (4303.235) be amended, for the purpose of adopting new section numbers as indicated in parentheses; and new sections 3317.017, 3317.0215, 3317.0217, 3317.0218, 4303.233, and 4303.234 and sections 5.246, 5.2527, 9.27, 9.58, 101.55, 107.121, 113.70, 113.71, 113.72, 113.73, 113.74, 113.75, 113.76, 113.77, 117.55, 122.6511, 122.6512, 122.851, 124.1312, 125.70, 149.309, 153.013, 173.012, 307.631, 307.632, 307.633, 307.634, 307.635, 307.636, 307.637, 307.638, 307.639, 307.641, 307.642, 307.643, 307.644, 307.645, 307.646, 307.647, 307.648, 307.649, 307.6410, 340.022, 727.031, 940.111, 1501.29, 1503.271, 1546.31, 1547.533, 1707.47, 1707.471, 1707.49, 1716.21, 2151.25, 2151.316, 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119, 2151.4120, 2151.4121, 2151.4122, 2743.76, 2915.14, 2915.15, 3301.23, 3301.85, 3302.043, 3302.103, 3302.42, 3304.24, 3307.091, 3310.033, 3310.034, 3310.036, 3310.411, 3310.70, 3313.6026, 3313.6412, 3313.905, 3314.089, 3314.262, 3314.355, 3317.011, 3317.012, 3317.018, 3317.019, 3317.0110, 3317.026, 3317.071, 3317.072, 3317.11, 3317.162, 3319.318, 3319.319, 3319.393, 3319.47, 3326.44, 3327.016, 3327.017, 3327.018, 3327.021, 3327.101, 3333.125, 3333.301, Am. Sub. H. B. No. 110 134th G.A. 10 3333.615, 3345.027, 3345.063, 3345.82, 3365.035, 3375.011, 3376.01, 3376.02, 3376.03, 3376.04, 3376.05, 3376.06, 3376.07, 3376.08, 3501.054, 3701.0410, 3701.0411, 3701.145, 3709.012, 3721.081, 3727.80, 3736.021, 3740.01, 3740.02, 3740.03, 3740.04, 3740.05, 3740.07, 3740.10, 3740.99, 3772.37, 3796.31, 3902.72, 3953.331, 3953.36, 4104.33, 4104.35, 4141.286, 4303.237, 4505.104, 4513.602, 4513.603, 4713.351, 4729.284, 4731.152, 4731.33, 4731.90, 4743.10, 4779.281, 5101.04, 5101.041, 5101.1416, 5101.1417, 5101.1418, 5101.545, 5101.806, 5101.8812, 5103.163, 5119.191, 5120.212, 5123.025, 5123.026, 5123.034, 5123.603, 5162.82, 5163.52, 5165.261, 5168.90, 5301.05, 5713.083, 5747.72, 5747.73, 5747.75, 5747.79, 5751.052, and 5751.091 of the Revised Code be enacted to read as follows: Sec. 1.14. The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday. When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in this section. "Legal holiday" as used in this section means the following days: (A) The first day of January, known as New Year's day; (B) The third Monday in January, known as Martin Luther King day; (C) The third Monday in February, known as Washington-Lincoln day; (D) The day designated in the "Act of June 28, 1968," 82 Stat. 250, 5 U.S.C. 6103, as amended, for the commemoration of Memorial day; (E) The nineteenth day of June, known as Juneteenth day; (F) The fourth day of July, known as Independence day; (F)(G) The first Monday in September, known as Labor day; (G)(H) The second Monday in October, known as Columbus day; (H)(I) The eleventh day of November, known as Veterans' day; (I)(J) The fourth Thursday in November, known as Thanksgiving day; (J)(K) The twenty-fifth day of December, known as Christmas day; (K)(L) Any day appointed and recommended by the governor of this state or the president of the United States as a holiday. If any day designated in this section as a legal holiday falls on Sunday, the next succeeding day is a legal holiday. Sec. 5.2247. The nineteenth day of June is designated as "Juneteenth Am. Sub. H. B. No. 110 134th G.A. 11 National Freedom Day" to acknowledge the freedom, history, and culture that June 19, 1865, the day on which the last slaves in the United States were set free in Texas, has come to symbolize. This day is a legal holiday. Sec. 5.246. The month of May is designated as "Maternal Mortality Awareness Month" to increase public awareness regarding the causes of pregnancy-associated deaths and encourage implementation of interventions intended to reduce the incidence of such deaths. Sec. 5.2527. The fourth week of June is designated as "Postpartum Cardiomyopathy Awareness Week" to increase public awareness of postpartum cardiomyopathy, which is a form of heart failure that can happen during the last month of pregnancy or up to five months after giving birth. Sec. 9.08. (A) As used in this section: (1) "Computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code. (2) "Contractor" means either of the following: (a) A person who enters into a contract under section 9.06 of the Revised Code. (b) A person who enters into a contract under section 9.07 of the Revised Code to operate and manage a correctional facility in this state for out-of-state prisoners. (3) "Private correctional facility" means a correctional facility that is operated by a contractor under a contract pursuant to section 9.06 or 9.07 of the Revised Code. (B) No officer or employee of a contractor who is operating and managing a private correctional facility shall provide a prisoner in the private correctional facility access to or permit a prisoner in the private correctional facility to have access to the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply: (1) The prisoner is participating in an approved educational program with direct supervision that requires the use of the internet for training or research purposes accessing the internet solely for a use or purpose approved by the managing officer of that prisoner's institution or by the managing officer's designee. (2) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code. (C)(1) No prisoner in a private correctional facility shall access the Am. Sub. H. B. No. 110 134th G.A. 12 internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply: (a) The prisoner is participating in an approved educational program with direct supervision that requires the use of the internet for training or research purposes accessing the internet solely for a use or purpose approved by the managing officer of that prisoner's institution or by the managing officer's designee. (b) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code. (2) Whoever violates division (C)(1) of this section is guilty of improper internet access, a misdemeanor of the first degree. Sec. 9.27. (A) As used in this section, "state" and "state agency" mean the state of Ohio, including the governor, lieutenant governor, secretary of state, auditor of state, attorney general, and treasurer of state, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state of Ohio, but not including the general assembly or any legislative agency, or any court or judicial agency. (B) Except as otherwise required or permitted by state or federal law, a contract entered into by the state for the procurement of goods or services shall not include any of the following: (1) A provision that requires the state to indemnify or hold harmless another person. (2) A provision by which the state agrees to binding arbitration or any other binding extra-judicial dispute resolution process. (3) A provision that names a venue for any action or dispute against the state other than a court of proper jurisdiction in Franklin county, Ohio. (4) A provision that requires the state to agree to limit the liability for any direct loss to the state for bodily injury, death, or damage to property of the state caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person's employees or agents, or a provision that would otherwise impose an indemnification obligation on the state. (5) A provision that requires the state to be bound by a term or condition that is unknown to the state at the time of signing a contract, that is not specifically negotiated with the state, that may be unilaterally changed by the other party, or that is electronically accepted by a state employee. (6) A provision that provides for a person other than the attorney general to serve as legal counsel for the state or for any state agency, unless Am. Sub. H. B. No. 110 134th G.A. 13 allowed for under the process set forth in section 109.07 of the Revised Code. (7) A provision that is inconsistent with the state's obligations under section 149.43 of the Revised Code. (8) A provision for automatic renewal such that state funds are or would be obligated in subsequent fiscal years. (9) A provision that limits the state's ability to recover the cost of cover for a replacement contractor. (C) If a contract contains a term or condition described in division (B) of this section, the term or condition is void ab initio, and the contract containing that term or condition otherwise shall be enforceable as if it did not contain such term or condition. (D) A contract that contains a term or condition described in division (B) of this section shall be governed by and construed in accordance with Ohio law notwithstanding any term or condition to the contrary in the contract. (E) This section does not apply to a contract in effect before the effective date of this section or to the renewal or extension of a contract in effect before the effective date of this section. Sec. 9.47. (A) Any person desiring to bid on a contract awarded pursuant to Chapter 153. of the Revised Code by an owner referred to in section 153.01 of the Revised Code or awarded by the director of transportation pursuant to Chapter 5525. of the Revised Code may make application for a certificate of compliance with affirmative action programs. Application shall be made to the equal employment opportunity coordinator of the department of administrative services or the employee who succeeds to that officer's duties development. The coordinator director of development's designee shall promptly determine whether the person has complied with all federal affirmative action programs to which the person was subject and any state affirmative action program to which the person was subject pursuant to section 153.59 of the Revised Code which state or federal affirmative action program arose out of a contract the person had with the federal government, the state, or a political subdivision of the state. Where the coordinator director's designee determines the person has not committed any violation of such prior affirmative action programs during the five years immediately preceding the date of determination, the coordinator director's designee shall issue a dated certificate of compliance with affirmative action programs. The coordinator director's designee may issue an updated certificate to a person upon request but not more frequently than once every one hundred eighty days. A person who violates an Am. Sub. H. B. No. 110 134th G.A. 14 affirmative action program during the five years preceding the date of determination is ineligible to bid on a contract awarded pursuant to Chapter 153. of the Revised Code by an owner referred to in section 153.01 of the Revised Code or awarded by the director of transportation pursuant to Chapter 5525. of the Revised Code for a period of three years after the date of determination. (B) Notwithstanding division (A) of this section, this section is prospective in operation only and applicable to a violation of an affirmative action program that occurs after December 13, 1979. For the purpose of determining whether or not to issue a certificate of compliance with affirmative action programs during the five years subsequent to December 13, 1979, the coordinator shall make any specific determination based upon the period from December 13, 1979 to the date on which the determination is made, even though the period involved is less than five years. Five years after December 13, 1979, the coordinator shall make any determination solely pursuant to division (A) of this section. (C) Any person denied a certificate or an updated certificate may appeal to the director of administrative services development for a review of the coordinator's that determination. The appeal must be filed within ten days of the date of the determination. The director shall, within five days after receipt of the appeal, either affirm or reverse the coordinator's determination. (D)(C) Any person dissatisfied with the decision of the director on review may, within thirty days, appeal the decision of the director to the court of common pleas of Franklin county. The court may affirm or reverse the decision of the director. At the hearing before the court, evidence may be introduced for and against the decision of the director. The decision of the court may be appealed as in other cases. (E)(D) The director of administrative services development, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend or rescind, rules to implement this section. Sec. 9.58. (A) As used in this section, "public official" means any elected or appointed officer, employee, or agent of the state or any political subdivision, board, commission, bureau, or other public body established by law. (B) In any civil action in a state or federal court, no public official, including any attorney representing or acting on behalf of a public official, has any authority to compromise or settle the action, consent to any condition, or agree to any order in connection therewith if the compromise, settlement, condition, or order nullifies, suspends, enjoins, alters, or Am. Sub. H. B. No. 110 134th G.A. 15 conflicts with any provision of the Revised Code. (C) Any compromise, settlement, condition, or order to which a public official agrees that conflicts with division (B) of this section is void and has no legal effect. (D) Nothing in this section shall be construed to limit or otherwise restrict any powers granted by Article IV, Ohio Constitution. Sec. 9.821. (A) The department of administrative services shall direct and manage for state agencies all risk management and insurance programs authorized under section 9.822 of the Revised Code. (B) The office of risk management is hereby established within the department of administrative services. The director of administrative services, or a deputy director appointed by the director, shall control and supervise the office. (C) The office may take any of the following actions that it determines to be in the best interests of the state: (1) Provide all insurance coverages for the state, including, but not limited to, automobile vehicle liability, casualty, property, public liability, and fidelity bonding. The cost of insurance coverage shall be paid from appropriations made to the state agencies that the office has designated to receive the coverage. (2) Provide coverage of legal expenses that are necessary and related to the legal defense of claims against the state; (3) Purchase insurance policies consistent with sections 125.01 to 125.111 of the Revised Code, develop and administer self-insurance programs, or do both; (4) Consolidate and combine state insurance coverages; (5) Provide technical services in risk management and insurance to state agencies; (6) Adopt and publish, in accordance with section 111.15 of the Revised Code, necessary rules and procedures governing the administration of the state's insurance and risk management activities. (D) No state agency, except a state agency exempted under section 125.02 or 125.04 of the Revised Code from the department's purchasing authority, shall purchase any insurance described in this section except as authorized by the department, when the office of risk management determines that the purchase is in the best interest of the state pursuant to division (C)(1) of this section, and in accordance with terms, conditions, and procurement methods established by the department. (E) With respect to any civil action, demand, or claim against the state that could be filed in the court of claims, nothing in sections 9.82 to 9.823 of Am. Sub. H. B. No. 110 134th G.A. 16 the Revised Code shall be interpreted to permit the settlement or compromise of those civil actions, demands, or claims, except in the manner provided in Chapter 2743. of the Revised Code. (F) The department of administrative services and the office of risk management, while acting pursuant to the responsibilities prescribed in sections 9.82 to 9.83 of the Revised Code, are performing a public duty, as defined in section 2743.01 of the Revised Code. Sec. 9.822. (A) The department of administrative services through the office of risk management shall establish an insurance plan or plans that may provide for self-insurance or, the purchase of insurance, or both the purchase of surety bonds, public official bonds, or fidelity bonds, for either any of the following purposes: (1) Insuring state real and personal property against losses occasioned by fire, windstorm, or other accidents and perils; (2) Insuring the state and its officers and, employees, and agents against liability resulting from any civil action, demand, or claim against the state or its officers and, employees, and agents arising out of any act or omission of an officer or, employee, or agent in the performance of official duties, except acts and omissions for which indemnification is prohibited under section 9.87 of the Revised Code; (3) Insuring and maintaining a judicial liability program. (B) The department of administrative services through the office of risk management shall establish one or more insurance plans that provide for the purchase of insurance and administer a crime insurance program for the purpose of insuring protecting the state through the fidelity bonding of state officers, employees, and agents who are required by law to provide a fidelity bond. Nothing in this section shall be construed to allow the department of administrative services through the office of risk management to administer the state's fidelity bonding program through a program of self-insurance. against loss, including loss to third parties, due to the dishonest acts of state officers, employees, and agents. In addition, public official bonds shall be purchased for all officials and employees who are required by law to provide a bond. Such bonds may be in the form of a blanket bond, or scheduled position bond, provided the penal sums meet the statutory requirement. (C) The department of administrative services through the office of risk management shall purchase surety bonds, fidelity bonds, and public official bonds by licensed sureties for their respective purposes. Nothing in this section shall be construed to allow the department of administrative services through the office of risk management to do either of the following: Am. Sub. H. B. No. 110 134th G.A. 17 (1) Directly issue or underwrite surety bonds, fidelity bonds, performance bonds, or public official bonds; (2) Provide performance bonds to any party. Sec. 9.83. (A) The state and any political subdivision may procure a policy or policies of insurance insuring its officers and employees against liability for injury, death, or loss to person or property that arises out of the operation of an automobile, truck, motor vehicle with auxiliary equipment, self-propelling equipment or trailer, aircraft, or watercraft by the officers or employees while engaged occurs in the course of their employment or official responsibilities for the state or the political subdivision. The state is authorized to expend funds to pay judgments that are rendered in any court against its officers or employees and that result from such operation, and is authorized to expend funds to compromise claims for liability against its officers or employees that result from such operation. No insurer shall deny coverage under such a policy, and the state shall not refuse to pay judgments or compromise claims, on the ground that an automobile, truck, motor vehicle with auxiliary equipment, self-propelling equipment or trailer, aircraft, or watercraft was not being used in the course of an officer's or employee's employment or official responsibilities for the state or a political subdivision unless the officer or employee who was operating an automobile, truck, motor vehicle with auxiliary equipment, or self-propelling equipment or trailer is convicted of a violation of section 124.71 of the Revised Code as a result of the same events. (B) Funds shall be reserved as necessary, in the exercise of sound and prudent actuarial judgment, to cover potential expense, fees, damage, loss, or other liability. The office of risk management may recommend or, if the state requests of the office of risk management, shall recommend a specific amount for any period of time that, in the opinion of the office of risk management, represents such a judgment. (C) Nothing in this section shall be construed to require the department of administrative services to purchase liability insurance for all state vehicles liabilities in a single policy of insurance or to cover all state vehicles liabilities under a single plan of self-insurance. (D) Insurance procured by the state pursuant to this section shall be procured as provided in division (G) of section 125.02 of the Revised Code. (E) For purposes of liability insurance procured under this section to cover the operation of a motor vehicle by a prisoner for whom the insurance is procured, "employee" includes a prisoner in the custody of the department of rehabilitation and correction who is enrolled in a work program that is established by the department pursuant to section 5145.16 of the Revised Am. Sub. H. B. No. 110 134th G.A. 18 Code and in which the prisoner is required to operate a motor vehicle, as defined in section 4509.01 of the Revised Code, and who is engaged in the operation of a motor vehicle in the course of the work program. (F) All contributions collected by the director of administrative services under division (H) of this section shall be deposited into the risk management reserve fund created in section 9.823 of the Revised Code to the credit of the vehicle liability program. (G) Reserves shall be maintained in the risk management reserve fund to the credit of the vehicle liability program in any amount that is necessary and adequate, in the exercise of sound and prudent actuarial judgment, to cover potential liability claims, expenses, fees, or damages. Money in the fund may be applied to the payment of liability claims that are filed against the state in the court of claims and determined in the manner provided in Chapter 2743. of the Revised Code. The director of administrative services may procure the services of a qualified actuarial firm for the purpose of recommending the specific amount of money that is required to maintain adequate reserves for a specified period of time. (H) The director of administrative services shall collect from each state agency or any participating state body its contribution to the vehicle liability program for the purpose of purchasing insurance or administering self-insurance programs for coverage authorized under this section. The amount of the contribution shall be determined by the director, with the approval of the director of budget and management. It shall be based upon actuarial assumptions and the relative risk and loss experience of each state agency or participating state body. The amount of the contribution also shall include a reasonable sum to cover administrative costs of the department of administrative services. The amounts collected pursuant to this division shall be deposited in the risk management reserve fund to the credit of the vehicle liability program. Sec. 101.55. (A) When a party to an action in state or federal court challenges the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense, the house of representatives, the senate, and the general assembly may intervene to defend against the action as set forth under division (A) of this section at any time in the action as a matter of right by serving motion upon the parties as provided in the Rules of Civil Procedure. (1) The speaker of the house of representatives may intervene at any time in the action on behalf of the house of representatives. The speaker may obtain legal counsel other than from the attorney general, with the cost Am. Sub. H. B. No. 110 134th G.A. 19 of representation paid from funds appropriated for that purpose, to represent the house of representatives in any action in which the speaker intervenes. (2) The president of the senate may intervene at any time in the action on behalf of the senate. The president may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the senate in any action in which the president intervenes. (3) The president of the senate and the speaker of the house of representatives, acting jointly, may intervene at any time in the action on behalf of the general assembly. The president and the speaker, acting jointly, may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the general assembly in any action in which the president and speaker jointly intervene. (B) When a party to an action in state or federal court challenges a general assembly district plan, or any of its districts, adopted under Article XI, Ohio Constitution, or challenges a congressional district plan, or any of its districts, adopted by the Ohio redistricting commission under Article XIX, Ohio Constitution, the speaker of the house of representatives, the president of the senate, and the Ohio redistricting commission may intervene to defend against any such action as set forth under division (B) of this section at any time in the action as a matter of right by serving motion upon the parties as provided in the Rules of Civil Procedure. (1) The speaker of the house of representatives may intervene at any time in the action on behalf of the house of representatives. The speaker may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the house of representatives in any action in which the speaker intervenes. (2) The president of the senate may intervene at any time in the action on behalf of the senate. The president may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the senate in any action in which the president intervenes. (3) The president of the senate and the speaker of the house of representatives, acting jointly, may intervene at any time in the action on behalf of the Ohio redistricting commission. The president and the speaker, acting jointly, may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the Ohio redistricting commission in any action in which the president and speaker jointly intervene. Am. Sub. H. B. No. 110 134th G.A. 20 (C) No individual member, or group of members, of the senate, the house of representatives, or the Ohio redistricting commission, except the president and the speaker as provided under this section, shall intervene in an action described in this section or obtain legal counsel at public expense under this section, in the member's or group's capacity as a member or members of the senate, the house of representatives, or the Ohio redistricting commission. (D) Notwithstanding any contrary provision of law, the participation of the speaker of the house of representatives or the president of the senate in any state or federal action, as a party or otherwise, does not constitute a waiver of the legislative immunity or legislative privilege of any member, officer, or staff of the general assembly. Sec. 102.02. (A)(1) Except as otherwise provided in division (H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a candidate for a state, county, or city office and every person who is appointed to fill a vacancy for an unexpired term in such an elective office; all members of the state board of education; the director, assistant directors, deputy directors, division chiefs, or persons of equivalent rank of any administrative department of the state; the president or other chief administrative officer of every state institution of higher education as defined in section 3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; all members of the Ohio casino control commission, the executive director of the commission, all professional employees of the commission, and all technical employees of the commission who perform an internal audit function; the individuals set forth in division (B)(2) of section 187.03 of the Revised Code; the chief executive officer and the members of the board of each state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers' compensation and each member of the bureau of workers' compensation board of directors; the bureau of workers' compensation director of investments; the chief investment officer of the bureau of workers' compensation; all members of the board of commissioners on grievances Am. Sub. H. B. No. 110 134th G.A. 21 and discipline of the supreme court and the ethics commission created under section 102.05 of the Revised Code; every business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or an educational service center; every person who is elected to or is a candidate for the office of member of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district or of a governing board of an educational service center that has a total student count of twelve thousand or more as most recently determined by the department of education pursuant to section 3317.03 of the Revised Code; every person who is appointed to the board of education of a municipal school district pursuant to division (B) or (F) of section 3311.71 of the Revised Code; all members of the board of directors of a sanitary district that is established under Chapter 6115. of the Revised Code and organized wholly for the purpose of providing a water supply for domestic, municipal, and public use, and that includes two municipal corporations in two counties; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; members of the board of trustees and the executive director of the southern Ohio agricultural and community development foundation; all members appointed to the Ohio livestock care standards board under section 904.02 of the Revised Code; all entrepreneurs in residence assigned by the LeanOhio office in the department of administrative services under section 125.65 of the Revised Code and every other public official or employee who is designated by the appropriate ethics commission pursuant to division (B) of this section. (2) The disclosure statement shall include all of the following: (a) The name of the person filing the statement and each member of the person's immediate family and all names under which the person or members of the person's immediate family do business; (b)(i) Subject to divisions (A)(2)(b)(ii) and (iii) of this section and except as otherwise provided in section 102.022 of the Revised Code, identification of every source of income, other than income from a legislative agent identified in division (A)(2)(b)(ii) of this section, received during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. If the person filing the statement is a member of the general assembly, the statement shall identify the amount of every source of income received in accordance with the following ranges of amounts: zero Am. Sub. H. B. No. 110 134th G.A. 22 or more, but less than one thousand dollars; one thousand dollars or more, but less than ten thousand dollars; ten thousand dollars or more, but less than twenty-five thousand dollars; twenty-five thousand dollars or more, but less than fifty thousand dollars; fifty thousand dollars or more, but less than one hundred thousand dollars; and one hundred thousand dollars or more. Division (A)(2)(b)(i) of this section shall not be construed to require a person filing the statement who derives income from a business or profession to disclose the individual items of income that constitute the gross income of that business or profession, except for those individual items of income that are attributable to the person's or, if the income is shared with the person, the partner's, solicitation of services or goods or performance, arrangement, or facilitation of services or provision of goods on behalf of the business or profession of clients, including corporate clients, who are legislative agents. A person who files the statement under this section shall disclose the identity of and the amount of income received from a person who the public official or employee knows or has reason to know is doing or seeking to do business of any kind with the public official's or employee's agency. (ii) If the person filing the statement is a member of the general assembly, the statement shall identify every source of income and the amount of that income that was received from a legislative agent during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. Division (A)(2)(b)(ii) of this section requires the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, if those clients or patients are legislative agents. Division (A)(2)(b)(ii) of this section requires a person filing the statement who derives income from a business or profession to disclose those individual items of income that constitute the gross income of that business or profession that are received from legislative agents. (iii) Except as otherwise provided in division (A)(2)(b)(iii) of this section, division (A)(2)(b)(i) of this section applies to attorneys, physicians, and other persons who engage in the practice of a profession and who, pursuant to a section of the Revised Code, the common law of this state, a code of ethics applicable to the profession, or otherwise, generally are required not to reveal, disclose, or use confidences of clients, patients, or other recipients of professional services except under specified circumstances or generally are required to maintain those types of Am. Sub. H. B. No. 110 134th G.A. 23 confidences as privileged communications except under specified circumstances. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(b)(iii) of this section to disclose the name, other identity, or address of a client, patient, or other recipient of professional services if the disclosure would threaten the client, patient, or other recipient of professional services, would reveal details of the subject matter for which legal, medical, or professional advice or other services were sought, or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. Division (A)(2)(b)(i) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(b)(iii) of this section to disclose in the brief description of the nature of services required by division (A)(2)(b)(i) of this section any information pertaining to specific professional services rendered for a client, patient, or other recipient of professional services that would reveal details of the subject matter for which legal, medical, or professional advice was sought or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. (c) The name of every corporation on file with the secretary of state that is incorporated in this state or holds a certificate of compliance authorizing it to do business in this state, trust, business trust, partnership, or association that transacts business in this state in which the person filing the statement or any other person for the person's use and benefit had during the preceding calendar year an investment of over one thousand dollars at fair market value as of the thirty-first day of December of the preceding calendar year, or the date of disposition, whichever is earlier, or in which the person holds any office or has a fiduciary relationship, and a description of the nature of the investment, office, or relationship. Division (A)(2)(c) of this section does not require disclosure of the name of any bank, savings and loan association, credit union, or building and loan association with which the person filing the statement has a deposit or a withdrawable share account. (d) All fee simple and leasehold interests to which the person filing the statement holds legal title to or a beneficial interest in real property located within the state, excluding the person's residence and property used primarily for personal recreation; (e) The names of all persons residing or transacting business in the state to whom the person filing the statement owes, in the person's own name or in the name of any other person, more than one thousand dollars. Division (A)(2)(e) of this section shall not be construed to require the disclosure of Am. Sub. H. B. No. 110 134th G.A. 24 debts owed by the person resulting from the ordinary conduct of a business or profession or debts on the person's residence or real property used primarily for personal recreation, except that the superintendent of financial institutions and any deputy superintendent of banks shall disclose the names of all state-chartered banks and all bank subsidiary corporations subject to regulation under section 1109.44 of the Revised Code to whom the superintendent or deputy superintendent owes any money. (f) The names of all persons residing or transacting business in the state, other than a depository excluded under division (A)(2)(c) of this section, who owe more than one thousand dollars to the person filing the statement, either in the person's own name or to any person for the person's use or benefit. Division (A)(2)(f) of this section shall not be construed to require the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons licensed under section 4731.14 of the Revised Code, nor the disclosure of debts owed to the person resulting from the ordinary conduct of a business or profession. (g) Except as otherwise provided in section 102.022 of the Revised Code, the source of each gift of over seventy-five dollars, or of each gift of over twenty-five dollars received by a member of the general assembly from a legislative agent, received by the person in the person's own name or by any other person for the person's use or benefit during the preceding calendar year, except gifts received by will or by virtue of section 2105.06 of the Revised Code, or received from spouses, parents, grandparents, children, grandchildren, siblings, nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or any person to whom the person filing the statement stands in loco parentis, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor; (h) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source and amount of every payment of expenses incurred for travel to destinations inside or outside this state that is received by the person in the person's own name or by any other person for the person's use or benefit and that is incurred in connection with the person's official duties, except for expenses for travel to meetings or conventions of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues; Am. Sub. H. B. No. 110 134th G.A. 25 (i) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source of payment of expenses for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues, that are incurred in connection with the person's official duties and that exceed one hundred dollars aggregated per calendar year; (j) If the disclosure statement is filed by a public official or employee described in division (B)(2) of section 101.73 of the Revised Code or division (B)(2) of section 121.63 of the Revised Code who receives a statement from a legislative agent, executive agency lobbyist, or employer that contains the information described in division (F)(2) of section 101.73 of the Revised Code or division (G)(2) of section 121.63 of the Revised Code, all of the nondisputed information contained in the statement delivered to that public official or employee by the legislative agent, executive agency lobbyist, or employer under division (F)(2) of section 101.73 or (G)(2) of section 121.63 of the Revised Code. (3) A person may file a statement required by this section in person, by mail, or by electronic means. (4) A person who is required to file a statement under this section shall file that statement according to the following deadlines, as applicable: (a) Except as otherwise provided in divisions (A)(4)(b), (c), and (d) of this section, the person shall file the statement not later than the fifteenth day of May of each year. (b) A person who is a candidate for elective office shall file the statement no later than the thirtieth day before the primary, special, or general election at which the candidacy is to be voted on, whichever election occurs soonest, except that a person who is a write-in candidate shall file the statement no later than the twentieth day before the earliest election at which the person's candidacy is to be voted on. (c) A person who is appointed to fill a vacancy for an unexpired term in an elective office shall file the statement within fifteen days after the person qualifies for office. (d) A person who is appointed or employed after the fifteenth day of May, other than a person described in division (A)(4)(c) of this section, shall file an annual statement within ninety days after appointment or Am. Sub. H. B. No. 110 134th G.A. 26 employment. (5) No person shall be required to file with the appropriate ethics commission more than one statement or pay more than one filing fee for any one calendar year. (6) The appropriate ethics commission, for good cause, may extend for a reasonable time the deadline for filing a statement under this section. (7) A statement filed under this section is subject to public inspection at locations designated by the appropriate ethics commission except as otherwise provided in this section. (B) The Ohio ethics commission, the joint legislative ethics committee, and the board of commissioners on grievances and discipline of the supreme court, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees under its jurisdiction and not specifically excluded by this section whose positions involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or the execution of other public trusts, to file an annual statement under division (A) of this section. The appropriate ethics commission shall send the public officials or employees written notice of the requirement not less than thirty days before the applicable filing deadline unless the public official or employee is appointed after that date, in which case the notice shall be sent within thirty days after appointment, and the filing shall be made not later than ninety days after appointment. Disclosure statements filed under this division with the Ohio ethics commission by members of boards, commissions, or bureaus of the state for which no compensation is received other than reasonable and necessary expenses shall be kept confidential. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by business managers, treasurers, and superintendents of city, local, exempted village, joint vocational, or cooperative education school districts or educational service centers shall be kept confidential, except that any person conducting an audit of any such school district or educational service center pursuant to Chapter 117. of the Revised Code may examine the disclosure statement of any business manager, treasurer, or superintendent of that school district or educational service center. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by the individuals set forth in division (B)(2) of section 187.03 of the Revised Code shall be kept confidential. The Ohio ethics commission shall examine each disclosure statement required to be kept confidential to determine whether a potential Am. Sub. H. B. No. 110 134th G.A. 27 conflict of interest exists for the person who filed the disclosure statement. A potential conflict of interest exists if the private interests of the person, as indicated by the person's disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person's authority and duties in the person's office or position of employment. If the commission determines that a potential conflict of interest exists, it shall notify the person who filed the disclosure statement and shall make the portions of the disclosure statement that indicate a potential conflict of interest subject to public inspection in the same manner as is provided for other disclosure statements. Any portion of the disclosure statement that the commission determines does not indicate a potential conflict of interest shall be kept confidential by the commission and shall not be made subject to public inspection, except as is necessary for the enforcement of Chapters 102. and 2921. of the Revised Code and except as otherwise provided in this division. (C) No person shall knowingly fail to file, on or before the applicable filing deadline established under this section, a statement that is required by this section. (D) No person shall knowingly file a false statement that is required to be filed under this section. (E)(1) Except as provided in divisions (E)(2) and (3) of this section, the statement required by division (A) or (B) of this section shall be accompanied by a filing fee of sixty dollars. (2) The statement required by division (A) of this section shall be accompanied by the following filing fee to be paid by the person who is elected or appointed to, or is a candidate for, any of the following offices: For state office, except member of the state board of education $95 For office of member of general assembly $40 For county office $60 For city office $35 For office of member of the state board of education $35 For office of member of a city, local, exempted village, or cooperative education board of education or educational service center governing board $30 For position of business manager, treasurer, or superintendent of a Am. Sub. H. B. No. 110 134th G.A. 28 city, local, exempted village, joint vocational, or cooperative education school district or educational service center $30 (3) No judge of a court of record or candidate for judge of a court of record, and no referee or magistrate serving a court of record, shall be required to pay the fee required under division (E)(1) or (2) or (F) of this section. (4) For any public official who is appointed to a nonelective office of the state and for any employee who holds a nonelective position in a public agency of the state, the state agency that is the primary employer of the state official or employee shall pay the fee required under division (E)(1) or (F) of this section. (F) If a statement required to be filed under this section is not filed by the date on which it is required to be filed, the appropriate ethics commission shall assess the person required to file the statement a late filing fee of ten dollars for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed two hundred fifty dollars. (G)(1) The appropriate ethics commission other than the Ohio ethics commission and the joint legislative ethics committee shall deposit all fees it receives under divisions (E) and (F) of this section into the general revenue fund of the state. (2) The Ohio ethics commission shall deposit all receipts, including, but not limited to, fees it receives under divisions (E) and (F) of this section, investigative or other fees, costs, or other funds it receives as a result of court orders, and all moneys it receives from settlements under division (G) of section 102.06 of the Revised Code, into the Ohio ethics commission fund, which is hereby created in the state treasury. All moneys credited to the fund shall be used solely for expenses related to the operation and statutory functions of the commission. (3) The joint legislative ethics committee shall deposit all receipts it receives from the payment of financial disclosure statement filing fees under divisions (E) and (F) of this section into the joint legislative ethics committee investigative and financial disclosure fund. (H) Division (A) of this section does not apply to a person elected or appointed to the office of precinct, ward, or district committee member under Chapter 3517. of the Revised Code; a presidential elector; a delegate to a national convention; village or township officials and employees; any physician or psychiatrist who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Am. Sub. H. B. No. 110 134th G.A. 29 Revised Code and whose primary duties do not require the exercise of administrative discretion; or any member of a board, commission, or bureau of any county or city who receives less than one thousand dollars per year for serving in that position. Sec. 103.11. There is hereby created, in the legislative branch of government, the Ohio legislative service commission consisting of fourteen members as follows: six members shall be members of the senate appointed by the president of the senate, not more than four of whom shall be members of the same political party; six members shall be members of the house of representatives appointed by the speaker of the house of representatives, not more than four of whom shall be members of the same political party; the president of the senate; and the speaker of the house of representatives. The members of the commission shall serve only so long as they are members of the general assembly. A vacancy in the office of any member of the commission shall be filled for the unexpired term in the same manner as the original appointment. The commission shall organize by selecting from its membership aIn each even-numbered general assembly, the president of the senate shall serve as chairperson of the commission and athe speaker of the house of representatives shall serve as vice-chairperson. In each odd-numbered general assembly, the speaker of the house of representatives shall serve as chairperson of the commission and the president of the senate shall serve as vice-chairperson. The members of the commission and members of committees thereof shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. Sec. 103.22. The Ohio legislative service commission shall meet as often as is necessary to perform its duties, provided that in any event it shall meet at least once each quarter. Eight members shall constitute a quorum, and the majority thereof shall have authority to act on new matters within the jurisdiction of the commission. They shall formulate rules of procedure and prescribe the policies for the performance of its duties and functions. Sec. 103.41. (A) As used in sections 103.41 to 103.415 of the Revised Code: (1) "JMOC" means the joint medicaid oversight committee created under this section. (2) "State and local government medicaid agency" means all of the following: (a) The department of medicaid; (b) Each state agency and political subdivision with which the Am. Sub. H. B. No. 110 134th G.A. 30 department of medicaid contracts under section 5162.35 of the Revised Code to have the state agency or political subdivision administer one or more components of the medicaid program, or one or more aspects of a component, under the department's supervision; (c) Each agency of a political subdivision that is responsible for administering one or more components of the medicaid program, or one or more aspects of a component, under the supervision of the department or a state agency or political subdivision described in division (A)(2)(b) of this section. (B) There is hereby created the joint medicaid oversight committee. JMOC shall consist of the following members: (1) Five members of the senate appointed by the president of the senate, three of whom are members of the majority party and two of whom are members of the minority party; (2) Five members of the house of representatives appointed by the speaker of the house of representatives, three of whom are members of the majority party and two of whom are members of the minority party. (C) The term of each JMOC member shall begin on the day of appointment to JMOC and end on the last day that the member serves in the house (in the case of a member appointed by the speaker) or senate (in the case of a member appointed by the president) during the general assembly for which the member is appointed to JMOC. The president and speaker shall make the initial appointments not later than fifteen days after March 20, 2014. However, if this section takes effect before January 1, 2014, the president and speaker shall make the initial appointments during the period beginning January 1, 2014, and ending January 15, 2014. The president and speaker shall make subsequent appointments not later than fifteen days after the commencement of the first regular session of each general assembly. JMOC members may be reappointed. A vacancy on JMOC shall be filled in the same manner as the original appointment. (D) In odd-numbered years, the speaker shall designate one of the majority members from the house as the JMOC chairperson, the president shall designate one of the majority members from the senate as the JMOC vice-chairperson, and the president shall designate one of the minority members from the senate as the JMOC ranking minority member. In even-numbered years, the president shall designate one of the majority members from the senate as the JMOC chairperson, the speaker shall designate one of the majority members from the house as the JMOC vice-chairperson, and the speaker shall designate one of the minority members from the house as the JMOC ranking minority member. Am. Sub. H. B. No. 110 134th G.A. 31 (E) In appointing members from the minority, and in designating ranking minority members, the president and speaker shall consult with the minority leader of their respective houses. (F) JMOC shall meet at the call of the JMOC chairperson. The chairperson shall call JMOC to meet not less often than once each calendar month, unless the chairperson and ranking minority member agree that the chairperson should not call JMOC to meet for a particular month. (G) Notwithstanding section 101.26 of the Revised Code, the members, when engaged in their duties as members of JMOC on days when there is not a voting session of the member's house of the general assembly, shall be paid at the per diem rate of one hundred fifty dollars, and their necessary traveling expenses, which shall be paid from the funds appropriated for the payment of expenses of legislative committees. (H) The JMOC chairperson may, subject to approval by the speaker of the house of representatives or the speaker's designee and the president of the senate or the president's designee, employ professional, technical, and clerical employees as are necessary for JMOC to be able successfully and efficiently to perform its duties. All such employees are in the unclassified service and may be terminated by the chairperson, subject to approval of the speaker or the speaker's designee and president or the president's designee. JMOC may contract for the services of persons who are qualified by education and experience to advise, consult with, or otherwise assist JMOC in the performance of its duties. (I) The JMOC chairperson, when authorized by JMOC and the president and speaker, may issue subpoenas and subpoenas duces tecum in aid of JMOC's performance of its duties. A subpoena may require a witness in any part of the state to appear before JMOC at a time and place designated in the subpoena to testify. A subpoena duces tecum may require witnesses or other persons in any part of the state to produce books, papers, records, and other tangible evidence before JMOC at a time and place designated in the subpoena duces tecum. A subpoena or subpoena duces tecum shall be issued, served, and returned, and has consequences, as specified in sections 101.41 to 101.45 of the Revised Code. (J) The JMOC chairperson may administer oaths to witnesses appearing before JMOC. Sec. 103.60. (A) As used in this section, "rare disease" means a disease or condition that affects fewer than 200,000 people living in the United States. (B) There is hereby created the rare disease advisory council. The purpose of the council is to advise the general assembly regarding research, Am. Sub. H. B. No. 110 134th G.A. 32 diagnosis, and treatment efforts related to rare diseases across the state. (C) The council shall consist of the following twenty-five thirty-one members: (1) The following members appointed by the governor: (a) One individual who is a medical researcher with experience researching rare diseases; (b) One individual who represents an academic research institution in this state that receives funding for rare disease research; (c) One individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who has experience researching, diagnosing, and treating rare diseases; (d) One individual authorized under Chapter 4723. of the Revised Code to practice nursing as a registered nurse who has experience providing nursing care to patients with rare diseases; (e) One individual authorized under Chapter 4778. of the Revised Code to practice as a genetic counselor who is currently practicing at a children's hospital; (f) Three members of the public who are living with a rare disease or represent an individual living with a rare disease; (g) One representative of a national organization representing patients with a rare disease; (h) One representative of a rare disease foundation operating in this state; (i) Two representatives of the department of health, one of whom is a representative of the children with medical handicaps program; (j) One representative of the department of medicaid; (k) One representative of the department of insurance; (l) One representative of the commission on minority health; (m) One representative of the Ohio hospital association; (n) One representative of Ohio health insurers; (o) One representative of bioOhio; (p) One representative of the association of Ohio health commissioners; (q) One representative of the pharmaceutical research and manufacturers of America. (2) Two The following members of the senate, one from the majority party and one from the minority party, both appointed by the president of the senate: (a) Two members of the senate, one from the majority party and one from the minority party; (b) Three members of the public, one of whom is recommended by the Am. Sub. H. B. No. 110 134th G.A. 33 minority leader of the senate. (3) Two The following members of the house of representatives, one from the majority party and one from the minority party, both appointed by the speaker of the house of representatives: (a) Two members of the house of representatives, one from the majority party and one from the minority party; (b) Three members of the public, one of whom is recommended by the minority leader of the house of representatives. (4) The governor or the governor's designee. (D)(1) Not later than thirty days after the effective date of this section April 23, 2021, initial appointments shall be made to the council. Thereafter, appointments shall be made every two years, not later than thirty days after the commencement of the first regular session of each general assembly. (2) Each member shall serve on the council until appointments are made following the commencement of the next general assembly. Members may be reappointed; however, no member shall serve more than four consecutive terms on the council. (E) Prior to the expiration of each term, the council shall prepare and submit a report to the general assembly detailing the following: (1) The coordination of statewide efforts for studying the incidence of rare diseases in this state; (2) The council's findings and recommendations regarding rare disease research and care in this state; (3) Efforts to promote collaboration among rare disease organizations, clinicians, academic research institutions, and the general assembly to better understand the incidence of rare diseases in this state. (F) The council shall annually select from among its members a chairperson or co-chairpersons. (G) The council shall meet at the call of the chairperson, but not less than quarterly. A majority of the members of the council shall constitute a quorum. The chairperson shall provide members with at least five days written notice of all meetings. (H) Members shall serve without compensation except to the extent that serving on the council is considered part of the member's regular duties of employment. The council shall reimburse each member for actual and necessary expenses incurred in the performance of the member's official duties. Sec. 105.41. (A) There is hereby created in the legislative branch of government the capitol square review and advisory board, consisting of twelve members as follows: Am. Sub. H. B. No. 110 134th G.A. 34 (1) Two members of the senate, appointed by the president of the senate, both of whom shall not be members of the same political party; (2) Two members of the house of representatives, appointed by the speaker of the house of representatives, both of whom shall not be members of the same political party; (3) Four members appointed by the governor, with the advice and consent of the senate, not more than three of whom shall be members of the same political party, one of whom shall be the chief of staff of the governor's office, one of whom shall represent the Ohio arts council, one of whom shall represent the Ohio history connection, and one of whom shall represent the public at large; (4) One member, who shall be a former president of the senate, appointed by the current president of the senate. If the current president of the senate, in the current president's discretion, decides for any reason not to make the appointment or if no person is eligible or available to serve, the seat shall remain vacant. (5) One member, who shall be a former speaker of the house of representatives, appointed by the current speaker of the house of representatives. If the current speaker of the house of representatives, in the current speaker's discretion, decides for any reason not to make the appointment or if no person is eligible or available to serve, the seat shall remain vacant. (6) The clerk of the senate and the clerk of the house of representatives. (B) Terms of office of each appointed member of the board shall be for three years, except that members of the general assembly appointed to the board shall be members of the board only so long as they are members of the general assembly and the chief of staff of the governor's office shall be a member of the board only so long as the appointing governor remains in office. Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. In case of a vacancy occurring on the board, the president of the senate, the speaker of the house of representatives, or the governor, as the case may be, shall in the same manner prescribed for the regular appointment to the commission, fill the vacancy by appointing a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the term. Any appointed member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Am. Sub. H. B. No. 110 134th G.A. 35 (C) The board shall hold meetings in a manner and at times prescribed by the rules adopted by the board. A majority of the board constitutes a quorum, and no action shall be taken by the board unless approved by at least six members or by at least seven members if a person is appointed under division (A)(4) or (5) of this section. At its first meeting, the board shall adopt rules for the conduct of its business and the election of its officers, and shall organize by selecting officers other than a chairperson as it considers necessary. In odd-numbered years, the majority member from the senate shall serve as chairperson; in even-numbered years, the majority member from the house of representatives shall serve as chairperson. Board members shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. (D) The board may do any of the following: (1) Employ or hire on a consulting basis professional, technical, and clerical employees as are necessary for the performance of its duties. All employees of the board are in the unclassified service and serve at the pleasure of the board. For purposes of section 4117.01 of the Revised Code, employees of the board shall be considered employees of the general assembly, except that employees who are covered by a collective bargaining agreement on September 29, 2011, shall remain subject to the agreement until the agreement expires on its terms, and the agreement shall not be extended or renewed. Upon expiration of the agreement, the employees are considered employees of the general assembly for purposes of section 4117.01 of the Revised Code and are in the unclassified service and serve at the pleasure of the board. (2) Hold public hearings at times and places as determined by the board; (3) Enter into an indefinite delivery indefinite quantity contract, under section 153.013 of the Revised Code, for an architect or engineer; (4) Adopt, amend, or rescind rules necessary to accomplish the duties of the board as set forth in this section; (4)(5) Sponsor, conduct, and support such social events as the board may authorize and consider appropriate for the employees of the board, employees and members of the general assembly, employees of persons under contract with the board or otherwise engaged to perform services on the premises of capitol square, or other persons as the board may consider appropriate. Subject to the requirements of Chapter 4303. of the Revised Code, the board may provide beer, wine, and intoxicating liquor, with or without charge, for those events and may use funds only from the sale of goods and services fund to purchase the beer, wine, and intoxicating liquor the board provides; Am. Sub. H. B. No. 110 134th G.A. 36 (5)(6) Purchase a warehouse in which to store items of the capitol collection trust and, whenever necessary, equipment or other property of the board. (E) The board shall do all of the following: (1) Have sole authority to coordinate and approve any improvements, additions, and renovations that are made to the capitol square. The improvements shall include, but not be limited to, the placement of monuments and sculpture on the capitol grounds. (2) Operate the capitol square, and have sole authority to regulate all uses of the capitol square. The uses shall include, but not be limited to, the casual and recreational use of the capitol square. (3) Employ, fix the compensation of, and prescribe the duties of the executive director of the board and other employees the board considers necessary for the performance of its powers and duties; (4) Establish and maintain the capitol collection trust. The capitol collection trust shall consist of furniture, antiques, and other items of personal property that the board shall store in suitable facilities until they are ready to be displayed in the capitol square. (5) Perform repair, construction, contracting, purchasing, maintenance, supervisory, and operating activities the board determines are necessary for the operation and maintenance of the capitol square; (6) Maintain and preserve the capitol square, in accordance with guidelines issued by the United States secretary of the interior for application of the secretary's standards for rehabilitation adopted in 36 C.F.R. part 67; (7) Plan and develop a center at the capitol building for the purpose of educating visitors about the history of Ohio, including its political, economic, and social development and the design and erection of the capitol building and its grounds. (F)(1) The board shall lease capital facilities improved by the department of administrative services or financed by the treasurer of state pursuant to Chapter 154. of the Revised Code for the use of the board, and may enter into any other agreements with the department, the Ohio public facilities commission, or any other authorized governmental agency ancillary to improvement, financing, or leasing of those capital facilities, including, but not limited to, any agreement required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. Any lease of capital facilities authorized by this section shall be governed by Chapter 154. of the Revised Code. (2) Fees, receipts, and revenues received by the board from the state Am. Sub. H. B. No. 110 134th G.A. 37 underground parking garage constitute available receipts as defined in section 154.24 of the Revised Code, and may be pledged to the payment of bond service charges on obligations issued by the treasurer of state pursuant to Chapter 154. of the Revised Code to improve, finance, or purchase capital facilities useful to the board. The treasurer of state may, with the consent of the board, provide in the bond proceedings for a pledge of all or a portion of those fees, receipts, and revenues as the treasurer of state determines. The treasurer of state may provide in the bond proceedings or by separate agreement with the board for the transfer of those fees, receipts, and revenues to the appropriate bond service fund or bond service reserve fund as required to pay the bond service charges when due, and any such provision for the transfer of those fees, receipts, and revenues shall be controlling notwithstanding any other provision of law pertaining to those fees, receipts, and revenues. (3) All moneys received by the treasurer of state on account of the board and required by the applicable bond proceedings or by separate agreement with the board to be deposited, transferred, or credited to the bond service fund or bond service reserve fund established by the bond proceedings shall be transferred by the treasurer of state to such fund, whether or not it is in the custody of the treasurer of state, without necessity for further appropriation. (G)(1) Except as otherwise provided in division (G)(2) of this section, all fees, receipts, and revenues received by the board from the state underground parking garage shall be deposited into the state treasury to the credit of the underground parking garage operating fund, which is hereby created, to be used for the purposes specified in division (F) of this section and for the operation and maintenance of the garage. All investment earnings of the fund shall be credited to the fund. (2) There is hereby created the parking garage automated equipment fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. Money in the fund shall be used to purchase the automated teller machine quality dollar bills needed for operation of the parking garage automated equipment. The fund shall consist of fees, receipts, or revenues received by the board from the state underground parking garage; provided, however, that the total amount deposited into the fund at any one time shall not exceed ten thousand dollars. All investment earnings of the fund shall be credited to the fund. (H) All donations received by the board shall be deposited into the state treasury to the credit of the capitol square renovation gift fund, which is hereby created. The fund shall be used by the board as follows: Am. Sub. H. B. No. 110 134th G.A. 38 (1) To provide part or all of the funding related to construction, goods, or services for the renovation of the capitol square; (2) To purchase art, antiques, and artifacts for display at the capitol square; (3) To award contracts or make grants to organizations for educating the public regarding the historical background and governmental functions of the capitol square. Chapters 125., 127., and 153. and section 3517.13 of the Revised Code do not apply to purchases made exclusively from the fund, notwithstanding anything to the contrary in those chapters or that section. All investment earnings of the fund shall be credited to the fund. (I) Except as provided in divisions (G), (H), and (J) of this section, all fees, receipts, and revenues received by the board shall be deposited into the state treasury to the credit of the sale of goods and services fund, which is hereby created. Money credited to the fund shall be used solely to pay costs of the board other than those specified in divisions (F) and (G) of this section. All investment earnings of the fund shall be credited to the fund. (J) There is hereby created in the state treasury the capitol square improvement fund, to be used by the board to pay construction, renovation, and other costs related to the capitol square for which money is not otherwise available to the board. Whenever the board determines that there is a need to incur those costs and that the unencumbered, unobligated balance to the credit of the underground parking garage operating fund exceeds the amount needed for the purposes specified in division (F) of this section and for the operation and maintenance of the garage, the board may request the director of budget and management to transfer from the underground parking garage operating fund to the capitol square improvement fund the amount needed to pay such construction, renovation, or other costs. The director then shall transfer the amount needed from the excess balance of the underground parking garage operating fund. (K) As the operation and maintenance of the capitol square constitute essential government functions of a public purpose, the board shall not be required to pay taxes or assessments upon the square, upon any property acquired or used by the board under this section, or upon any income generated by the operation of the square. (L) As used in this section, "capitol square" means the capitol building, senate building, capitol atrium, capitol grounds, the state underground parking garage, and the warehouse owned by the board. (M) The capitol annex shall be known as the senate building. (N) Any person may possess a firearm in a motor vehicle in the state underground parking garage at the state capitol building, if the person's Am. Sub. H. B. No. 110 134th G.A. 39 possession of the firearm in the motor vehicle is not in violation of section 2923.16 of the Revised Code or any other provision of the Revised Code. Any person may store or leave a firearm in a locked motor vehicle that is parked in the state underground parking garage at the state capitol building, if the person's transportation and possession of the firearm in the motor vehicle while traveling to the garage was not in violation of section 2923.16 of the Revised Code or any other provision of the Revised Code. Sec. 107.03. (A) As used in this section, "transportation budget" means the biennial budget that primarily includes the following: (1) Motor fuel excise tax-related appropriations for the department of transportation, public works commission, and department of development services agency; (2) Other appropriations that pertain to transportation and infrastructure related to transportation. (B) The governor shall submit a transportation budget to the general assembly not later than four weeks after the general assembly's organization. (C) The governor shall submit to the general assembly, not later than four weeks after its organization, a state budget containing a complete financial plan for the ensuing fiscal biennium, excluding items of revenue and expenditure described in section 126.022 of the Revised Code. However, in years of a new governor's inauguration, this budget shall be submitted not later than the fifteenth day of March. (D) In years of a new governor's inauguration, only the new governor shall submit a budget to the general assembly. In addition to other things required by law, each of the governor's budgets shall contain: (1) A general budget summary by function and agency setting forth the proposed total expenses from each and all funds and the anticipated resources for meeting such expenses; such resources to include any available balances in the several funds at the beginning of the biennium and a classification by totals of all revenue receipts estimated to accrue during the biennium under existing law and proposed legislation. (2) A detailed statement showing the amounts recommended to be appropriated from each fund for each fiscal year of the biennium for current expenses, including, but not limited to, personal services, supplies and materials, equipment, subsidies and revenue distribution, merchandise for resale, transfers, and nonexpense disbursements, obligations, interest on debt, and retirement of debt, and for the biennium for capital outlay, to the respective departments, offices, institutions, as defined in section 121.01 of the Revised Code, and all other public purposes; and, in comparative form, the actual expenses by source of funds during each fiscal year of the Am. Sub. H. B. No. 110 134th G.A. 40 previous two bienniums for each such purpose. No alterations shall be made in the requests for the legislative and judicial branches of the state filed with the director of budget and management under section 126.02 of the Revised Code. If any amount of federal money is recommended to be appropriated or has been expended for a purpose for which state money also is recommended to be appropriated or has been expended, the amounts of federal money and state money involved shall be separately identified. (3) A detailed estimate of the revenue receipts in each fund from each source under existing laws during each year of the biennium; and, in comparative form, actual revenue receipts in each fund from each source for each year of the two previous bienniums; (4) The estimated cash balance in each fund at the beginning of the biennium covered by the budget; the estimated liabilities outstanding against each such balance; and the estimated net balance remaining and available for new appropriations; (5) A detailed estimate of the additional revenue receipts in each fund from each source under proposed legislation, if enacted, during each year of the biennium; (6) A description of each tax expenditure; a detailed estimate of the amount of revenues not available to the general revenue fund under existing laws during each fiscal year of the biennium covered by the budget due to the operation of each tax expenditure; and, in comparative form, the amount of revenue not available to the general revenue fund during each fiscal year of the immediately preceding biennium due to the operation of each tax expenditure. The report prepared by the department of taxation pursuant to section 5703.48 of the Revised Code shall be submitted to the general assembly as an appendix to the governor's budget. As used in this division, "tax expenditure" has the same meaning as in section 5703.48 of the Revised Code. (7) The most recent report prepared by the tax expenditure review committee under division (F) of section 5703.95 of the Revised Code, which shall be submitted to the general assembly as an appendix to the governor's budgetThe most recent TANF spending plan prepared by the department of job and family services under section 5101.806 of the Revised Code, which shall be submitted to the general assembly as an appendix to the governor's budget. Sec. 107.121. Not later than thirty days following the end of each state fiscal year, the governor's office of faith-based and community initiatives shall submit a report to the speaker of the house of representatives, the president of the senate, and the director of the legislative service Am. Sub. H. B. No. 110 134th G.A. 41 commission detailing all of the following: (A) A breakdown of how the office spent funds from the temporary assistance for needy families block grant, established by Title IV-A of the "Social Security Act," 42 U.S.C. 601,; (B) A breakdown of all grants the office awarded using temporary assistance for needy families block grant funds; (C) A breakdown of how each entity awarded a grant by the office using temporary assistance for needy families block grant funds spent those funds, including the following: (1) The services the entity provided; (2) The total number of individuals the entity served; (3) The total amount of money the entity spent. Sec. 109.02. The attorney general is the chief law officer for the state and all its departments and shall be provided with adequate office space in Columbus. Except as provided in division (E) of section 120.06 and in sections 101.55 and 3517.152 to 3517.157 of the Revised Code, no state officer or board, or head of a department or institution of the state shall employ, or be represented by, other counsel or attorneys at law. The attorney general shall appear for the state in the trial and argument of all civil and criminal causes in the supreme court in which the state is directly or indirectly interested. When required by the governor or the general assembly, the attorney general shall appear for the state in any court or tribunal in a cause in which the state is a party, or in which the state is directly interested. Upon the written request of the governor, the attorney general shall prosecute any person indicted for a crime. Sec. 109.08. The attorney general may appoint and authorize special counsel to represent the state and any political subdivision in connection with all claims of whatsoever nature which are certified to the attorney general for collection under any law or which the attorney general is authorized to collect. Such special counsel shall be paid for their services from funds collected by them in an amount approved by the attorney general. In addition to the amount certified, the amounts paid to special counsel may be assessed as collection costs consistent with section 131.02 of the Revised Code and shall be fully recoverable from the party indebted. The amounts assessed as collection costs under this section are in addition to any amounts authorized under section 109.081 of the Revised Code. The attorney general is authorized to provide to the special counsel the official letterhead stationery of the attorney general. The attorney general may authorize the special counsel to use the letterhead stationery, but only Am. Sub. H. B. No. 110 134th G.A. 42 in connection with the collection of such claims arising out of amounts certified by the state and political subdivisions. The attorney general may adopt rules under Chapter 119. of the Revised Code as necessary for the implementation of this section and section 109.081 of the Revised Code. Sec. 109.111. There is hereby created in the state treasury the attorney general court order and settlement fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The fund shall consist of all money collected or received the attorney general receives on behalf of the state or any agency or officer of the state as a result of an order of any court to be received or secured by, or delivered to, the attorney general for transfer, distribution, disbursement, or allocation pursuant to court order or judgment or any settlement or compromise of claims, other than any amount due to the state or a political subdivision that is being collected under section 131.02 of the Revised Code. All money in the fund, including investment earnings thereon, shall be used distributed solely to make payment as directed pursuant to court order in accordance with section 109.112 of the Revised Code. Sec. 109.112. If the state of Ohio or any agency or officer of the state is named in a court order to be the recipient of any money collected or received by the attorney general When any money is deposited in the attorney general court order and settlement fund created under section 109.111 of the Revised Code, the attorney general shall notify proceed as follows: (A) If the total amount of money to be received under the order, judgment, settlement, or compromise is ten thousand dollars or more, the attorney general shall notify the governor, the speaker of the house of representatives, the president of the senate, and the director of budget and management of the amount. The controlling board shall determine the appropriate custodial fund or funds within the state treasury to which the money shall be transferred, and the director, in consultation with the attorney general, shall transfer the money from the attorney general court order and settlement fund to the appropriate fund or funds. (B) If the total amount of money to be received under the order, judgment, settlement, or compromise is less than ten thousand dollars, the attorney general shall notify the director of budget and management of the amount of money to be collected or received under, and the terms of, the court order. The director, in consultation with the attorney general, shall determine the appropriate distribution of the money to the appropriate custodial fund or funds within the state treasury, consistent with the terms of Am. Sub. H. B. No. 110 134th G.A. 43 the order. Upon its collection or receipt to which the money shall be transferred, and the attorney general shall transfer the money from the attorney general court order and settlement fund to the appropriate fund or funds as determined by the director. Sec. 109.32. (A) All annual filing fees obtained by the attorney general pursuant to section 109.31 of the Revised Code, all receipts obtained from the sale of the charitable foundations directory, all registration fees received by the attorney general, bond forfeitures, awards of costs and attorney's fees, and civil penalties assessed under Chapter 1716. of the Revised Code, all license fees received by the attorney general under section 2915.08, 2915.081, or 2915.082 of the Revised Code, all fees received by the attorney general under section 2915.15 of the Revised Code, and all filing fees received by the attorney general under divisions (F) and (G) of section 2915.02 of the Revised Code, shall be paid into the state treasury to the credit of the charitable law fund. The (B)(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, the charitable law fund shall be used insofar as its moneys are available for the expenses of the charitable law section of the office of the attorney general, except that all. (2) All annual license fees that are received by the attorney general under section 2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing fees received by the attorney general under divisions (F) and (G) of section 2915.02 of the Revised Code, that are credited to the fund shall be used by the attorney general, or any law enforcement agency in cooperation with the attorney general, for the purposes specified in division (H) of section 2915.10 of the Revised Code and to administer and enforce Chapter 2915. of the Revised Code. The (3) All fees received by the attorney general under section 2915.15 of the Revised Code that are credited to the fund shall be used for the purposes specified in that section. (C) The expenses of the charitable law section in excess of moneys available in the charitable law fund shall be paid out of regular appropriations to the office of the attorney general. Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(5)(a), or Am. Sub. H. B. No. 110 134th G.A. 44 (A)(7)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence who is not in any other category of child specified in this division, if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code. (2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen Am. Sub. H. B. No. 110 134th G.A. 45 years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information: (a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section; (b) The style and number of the case; (c) The date of arrest, offense, summons, or arraignment; (d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case; (e) A statement of the original charge with the section of the Revised Code that was alleged to be violated; (f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child. If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records. (3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if Am. Sub. H. B. No. 110 134th G.A. 46 committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions. (4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on the bureau under that chapter. (5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact. (6) The superintendent shall, upon request, assist a county coroner in the identification of a deceased person through the use of fingerprint impressions obtained pursuant to division (A)(1) of this section or collected pursuant to section 109.572 or 311.41 of the Revised Code. (B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats. (C)(1) The superintendent may operate a center for electronic, Am. Sub. H. B. No. 110 134th G.A. 47 automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to be known as the Ohio law enforcement gateway to gather and disseminate information, data, and statistics for the use of law enforcement agencies and for other uses specified in this division. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections. (2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section. (3) In addition to any other authorized use of information, data, and statistics of the nature described in division (C)(1) of this section, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section. (4) The Ohio law enforcement gateway shall contain the name, confidential address, and telephone number of program participants in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code. (5) The attorney general may adopt rules under Chapter 119. of the Revised Code establishing guidelines for the operation of and participation in the Ohio law enforcement gateway. The rules may include criteria for granting and restricting access to information gathered and disseminated through the Ohio law enforcement gateway. The attorney general shall adopt rules under Chapter 119. of the Revised Code that grant access to information in the gateway regarding an address confidentiality program Am. Sub. H. B. No. 110 134th G.A. 48 participant under sections 111.41 to 111.47 of the Revised Code to only chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals. The attorney general shall permit the state medical board and board of nursing to access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway. The attorney general may appoint a steering committee to advise the attorney general in the operation of the Ohio law enforcement gateway that is comprised of persons who are representatives of the criminal justice agencies in this state that use the Ohio law enforcement gateway and is chaired by the superintendent or the superintendent's designee. (D)(1) The following are not public records under section 149.43 of the Revised Code: (a) Information and materials furnished to the superintendent pursuant to division (A) of this section; (b) Information, data, and statistics gathered or disseminated through the Ohio law enforcement gateway pursuant to division (C)(1) of this section; (c) Information and materials furnished to any board or person under division (F) or (G) of this section. (2) The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section. (E)(1) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged. (2) Except as otherwise provided in this division or division (E)(3) or (4) of this section, a rule adopted under division (E)(1) of this section may provide only for the release of information gathered pursuant to division (A) of this section that relates to the conviction of a person, or a person's plea of guilty to, a criminal offense or to the arrest of a person as provided in Am. Sub. H. B. No. 110 134th G.A. 49 division (E)(3) of this section. The superintendent shall not release, and the attorney general shall not adopt any rule under division (E)(1) of this section that permits the release of, any information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child, or that relates to a criminal conviction of a person under eighteen years of age if the person's case was transferred back to a juvenile court under division (B)(2) or (3) of section 2152.121 of the Revised Code and the juvenile court imposed a disposition or serious youthful offender disposition upon the person under either division, unless either of the following applies with respect to the adjudication or conviction: (a) The adjudication or conviction was for a violation of section 2903.01 or 2903.02 of the Revised Code. (b) The adjudication or conviction was for a sexually oriented offense, the juvenile court was required to classify the child a juvenile offender registrant for that offense under section 2152.82, 2152.83, or 2152.86 of the Revised Code, that classification has not been removed, and the records of the adjudication or conviction have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 or sealed pursuant to section 2952.32 of the Revised Code. (3) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to the arrest of a person who is eighteen years of age or older when the person has not been convicted as a result of that arrest if any of the following applies: (a) The arrest was made outside of this state. (b) A criminal action resulting from the arrest is pending, and the superintendent confirms that the criminal action has not been resolved at the time the criminal records check is performed. (c) The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest. (4) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child if not more than five years have elapsed since the date of the adjudication, the adjudication was for an act that would have been a felony if committed by an adult, the records of the adjudication have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 of the Revised Code, and the request for information is made under division (F) of this section or under section 109.572 of the Revised Code. In the case of an adjudication for a Am. Sub. H. B. No. 110 134th G.A. 50 violation of the terms of community control or supervised release, the five-year period shall be calculated from the date of the adjudication to which the community control or supervised release pertains. (F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended. (2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, division (C) of section 3310.58, or section 3319.39, 3319.391, 3327.10, 3701.881 3740.11, 5104.013, 5123.081, or 5153.111 of the Revised Code or that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the board of education of any school district; the director of developmental disabilities; any county board of developmental disabilities; any provider or subcontractor as defined in section 5123.081 of the Revised Code; the chief administrator of any chartered nonpublic school; the chief administrator of a registered private provider that is not also a chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed under Chapter 5104. of the Revised Code; the chief administrator of any head start agency; the executive director of a public children services agency; a private company described in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code; or an employer described in division (J)(2) of section 3327.10 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, subject to division (E)(2) of this section, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, subject to division (E)(2) of this section, the superintendent shall send to the board, entity, or Am. Sub. H. B. No. 110 134th G.A. 51 person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, subject to division (E)(2) of this section, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law. (b) When a board of education or a registered private provider is required to receive information under this section as a prerequisite to employment of an individual pursuant to division (C) of section 3310.58 or section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district or provider only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau. (c) Notwithstanding division (F)(2)(a) of this section, in the case of a request under section 3319.39, 3319.391, or 3327.10 of the Revised Code only for criminal records maintained by the federal bureau of investigation, the superintendent shall not determine whether any information gathered under division (A) of this section exists on the person for whom the request is made. (3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section. (4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education and shall comply with divisions (F)(2)(a) and (c) of this section. (G) In addition to or in conjunction with any request that is required to be made under section 3701.881, 3712.09, or 3721.121, or 3740.11 of the Revised Code with respect to an individual who has applied for employment Am. Sub. H. B. No. 110 134th G.A. 52 in a position that involves providing direct care to an older adult or adult resident, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, or adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult or adult resident, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsman services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsman, the director of aging, a regional long-term care ombudsman program, or the designee of the ombudsman, director, or program may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsman services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant. In addition to or in conjunction with any request that is required to be made under section 173.38 of the Revised Code with respect to an individual who has applied for employment in a direct-care position, the chief administrator of a provider, as defined in section 173.39 of the Revised Code, may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that is not a direct-care position, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant. In addition to or in conjunction with any request that is required to be made under section 3712.09 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to a pediatric respite care patient, the chief administrator of a pediatric respite care program may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care to a pediatric respite care patient, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. Am. Sub. H. B. No. 110 134th G.A. 53 On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, subject to division (E)(2) of this section, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law. (H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated. (I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section. (J) As used in this section: (1) "Pediatric respite care program" and "pediatric care patient" have the same meanings as in section 3712.01 of the Revised Code. (2) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code. (3) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program. Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, Am. Sub. H. B. No. 110 134th G.A. 54 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section; (c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31 of the Revised Code. (2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, Am. Sub. H. B. No. 110 134th G.A. 55 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section. (3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3701.881 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, or 5123.081 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction: (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code; (b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code; Am. Sub. H. B. No. 110 134th G.A. 56 (c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996; (d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section; (e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section. (4) On receipt of a request pursuant to section 2151.86 or 2151.904 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section. (5) Upon receipt of a request pursuant to section 5104.013 of the Am. Sub. H. B. No. 110 134th G.A. 57 Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification. (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section. (6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine Am. Sub. H. B. No. 110 134th G.A. 58 whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section. (7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety. (8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent Am. Sub. H. B. No. 110 134th G.A. 59 of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States. (9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.202, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request. (10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, 1761.26, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the Am. Sub. H. B. No. 110 134th G.A. 60 United States. (11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code or substantially equivalent to such an offense. (12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section. (13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records Am. Sub. H. B. No. 110 134th G.A. 61 check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following: (a) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code; (b) A disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.04 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the state board of pharmacy under Chapter 3796. of the Revised Code. (14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to the following: (a) A disqualifying offense as specified in rules adopted under division (B)(8)(a) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code; (b) A disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.04 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the state board of pharmacy under Chapter 3796. of the Revised Code. (15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the Am. Sub. H. B. No. 110 134th G.A. 62 manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. (16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States. (17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States. (18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense. (B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows: (1) The superintendent shall review or cause to be reviewed any relevant Am. Sub. H. B. No. 110 134th G.A. 63 information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3740.11, 3712.09, 3721.121, 3772.07, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code; (2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86 or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section. (3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. (4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17) (A) of this section, whichever division requires the superintendent to conduct the criminal records check. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law. (5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section: Am. Sub. H. B. No. 110 134th G.A. 64 (a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty; (b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty. (C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section. (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method. (D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall Am. Sub. H. B. No. 110 134th G.A. 65 provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check. (E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher. (F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense. (2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section. (G) As used in this section: (1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section. (2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code. (4) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program. Sec. 109.79. (A) The Ohio peace officer training commission shall establish and conduct a training school for law enforcement officers of any political subdivision of the state or of the state public defender's office. The Am. Sub. H. B. No. 110 134th G.A. 66 school shall be known as the Ohio peace officer training academy. No bailiff or deputy bailiff of a court of record of this state and no criminal investigator employed by the state public defender shall be permitted to attend the academy for training unless the employing court of the bailiff or deputy bailiff or the state public defender, whichever is applicable, has authorized the bailiff, deputy bailiff, or investigator to attend the academy. The Ohio peace officer training commission shall develop the training program, which shall include courses in both the civil and criminal functions of law enforcement officers, a course in crisis intervention with six or more hours of training, training in the handling of missing children and child abuse and neglect cases, and training on companion animal encounters and companion animal behavior, and shall establish rules governing qualifications for admission to the academy. The commission may require competitive examinations to determine fitness of prospective trainees, so long as the examinations or other criteria for admission to the academy are consistent with the provisions of Chapter 124. of the Revised Code. The Ohio peace officer training commission shall determine tuition costs sufficient in the aggregate to pay the costs of operating the academy. Tuition paid by a political subdivision of the state or by the state public defender's office shall be deposited into the state treasury to the credit of the peace officer training academy fee fund, which is hereby established. The attorney general shall use money in the fund to pay costs associated with operation of the academy. The costs of acquiring and equipping the academy shall be paid from appropriations made by the general assembly to the Ohio peace officer training commission for that purpose, from gifts or grants received for that purpose, or from fees for goods related to the academy. The Ohio peace officer training commission shall create a gaming-related curriculum for gaming agents. The Ohio peace officer training commission shall use money distributed to the Ohio peace officer training academy from the Ohio law enforcement training fund to first support the academy's training programs for gaming agents and gaming-related curriculum. The Ohio peace officer training commission may utilize existing training programs in other states that specialize in training gaming agents. The law enforcement officers, during the period of their training, shall receive compensation as determined by the political subdivision that sponsors them or, if the officer is a criminal investigator employed by the state public defender, as determined by the state public defender. The political subdivision may pay the tuition costs of the law enforcement Am. Sub. H. B. No. 110 134th G.A. 67 officers they sponsor and the state public defender may pay the tuition costs of criminal investigators of that office who attend the academy. If trainee vacancies exist, the academy may train and issue certificates of satisfactory completion to peace officers who are employed by a campus police department pursuant to section 1713.50 of the Revised Code, by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, or hospital police officers appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, provided that no such officer shall be trained at the academy unless the officer meets the qualifications established for admission to the academy and the qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or the private college or university that established the campus police department prepays the entire cost of the training. A qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or a private college or university that has established a campus police department is not entitled to reimbursement from the state for any amount paid for the cost of training the bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions peace officers; the railroad company's peace officers; or the peace officers of the qualified nonprofit corporation police department, campus police department, hospital, or amusement park. The academy shall permit investigators employed by the state medical board to take selected courses that the board determines are consistent with its responsibilities for initial and continuing training of investigators as required under sections 4730.26 and 4731.05 of the Revised Code. The board shall pay the entire cost of training that investigators receive at the academy. The academy shall permit tactical medical professionals to attend training courses at the academy that are designed to qualify the professionals to carry firearms while on duty under section 109.771 of the Revised Code Am. Sub. H. B. No. 110 134th G.A. 68 and that provide training comparable to training mandated under the rules required by division (A) of section 109.748 of the Revised Code. The executive director of the Ohio peace officer training commission may certify tactical medical professionals who satisfactorily complete the training courses. The law enforcement agency served by a tactical medical professional who attends the academy may pay the tuition costs of the professional. (B) As used in this section: (1) "Law enforcement officers" include any undercover drug agent, any bailiff or deputy bailiff of a court of record, and any criminal investigator who is employed by the state public defender. (2) "Undercover drug agent" means any person who: (a) Is employed by a county, township, or municipal corporation for the purposes set forth in division (B)(2)(b) of this section but who is not an employee of a county sheriff's department, of a township constable, or of the police department of a municipal corporation or township; (b) In the course of the person's employment by a county, township, or municipal corporation, investigates and gathers information pertaining to persons who are suspected of violating Chapter 2925. or 3719. of the Revised Code, and generally does not wear a uniform in the performance of the person's duties. (3) "Crisis intervention training" has the same meaning as in section 109.71 of the Revised Code. (4) "Missing children" has the same meaning as in section 2901.30 of the Revised Code. (5) "Companion animal" has the same meaning as in section 959.131 of the Revised Code. Sec. 109.803. (A)(1) Subject to divisions (A)(2) and (B) of this section, every appointing authority shall require each of its appointed peace officers and troopers to complete up to twenty-four hours of continuing professional training each calendar year, as directed by the Ohio peace officer training commission. The number of hours directed by the commission, up to twenty-four hours, is intended to be a minimum requirement, and appointing authorities are encouraged to exceed the number of hours the commission directs as the minimum. The commission shall set the required minimum number of hours based upon available funding for reimbursement as described in this division. If no funding for the reimbursement is available, no continuing professional training will be required. (2) An appointing authority may submit a written request to the peace officer training commission that requests for a calendar year because of Am. Sub. H. B. No. 110 134th G.A. 69 emergency circumstances an extension of the time within which one or more of its appointed peace officers or troopers must complete the required minimum number of hours of continuing professional training set by the commission, as described in division (A)(1) of this section. A request made under this division shall set forth the name of each of the appointing authority's peace officers or troopers for whom an extension is requested, identify the emergency circumstances related to that peace officer or trooper, include documentation of those emergency circumstances, and set forth the date on which the request is submitted to the commission. A request shall be made under this division not later than the fifteenth day of December in the calendar year for which the extension is requested. Upon receipt of a written request made under this division, the executive director of the commission shall review the request and the submitted documentation. If the executive director of the commission is satisfied that emergency circumstances exist for any peace officer or trooper for whom a request was made under this division, the executive director may approve the request for that peace officer or trooper and grant an extension of the time within which that peace officer or trooper must complete the required minimum number of hours of continuing professional training set by the commission. An extension granted under this division may be for any period of time the executive director believes to be appropriate, and the executive director shall specify in the notice granting the extension the date on which the extension ends. Not later than thirty days after the date on which a request is submitted to the commission, for each peace officer and trooper for whom an extension is requested, the executive director either shall approve the request and grant an extension or deny the request and deny an extension and shall send to the appointing authority that submitted the request written notice of the executive director's decision. If the executive director grants an extension of the time within which a particular appointed peace officer or trooper of an appointing authority must complete the required minimum number of hours of continuing professional training set by the commission, the appointing authority shall require that peace officer or trooper to complete the required minimum number of hours of training not later than the date on which the extension ends. (B) With the advice of the Ohio peace officer training commission, the attorney general shall adopt in accordance with Chapter 119. of the Revised Code rules setting forth minimum standards for continuing professional training for peace officers and troopers and governing the administration of continuing professional training programs for peace officers and troopers. Am. Sub. H. B. No. 110 134th G.A. 70 The rules adopted by the attorney general under division (B) of this section shall do all of the following: (1) Allow peace officers and troopers to earn credit for up to four hours of continuing professional training for time spent while on duty providing drug use prevention education training that utilizes evidence-based curricula to students in school districts, community schools established under Chapter 3314., STEM schools established under Chapter 3326., and college-preparatory boarding schools established under Chapter 3328. of the Revised Code. (2) Allow a peace officer or trooper appointed by a law enforcement agency to earn hours of continuing professional training for other peace officers or troopers appointed by the law enforcement agency by providing drug use prevention education training under division (B)(1) of this section so that hours earned by the peace officer or trooper providing the training in excess of four hours may be applied to offset the number of continuing professional training hours required of another peace officer or trooper appointed by that law enforcement agency. (3) Prohibit the use of continuing professional training hours earned under division (B)(1) or (2) of this section from being used to offset any mandatory hands-on training requirement. (4) Require a peace officer to complete training on proper interactions with civilians during traffic stops and other in-person encounters, which training shall have an online offering and shall include all of the following topics: (a) A person's rights during an interaction with a peace officer, including all of the following: (i) When a peace officer may require a person to exit a vehicle; (ii) Constitutional protections from illegal search and seizure; (iii) The rights of a passenger in a vehicle who has been pulled over for a traffic stop; (iv) The right for a citizen to record an encounter with a peace officer. (b) Proper actions for interacting with a civilian and methods for diffusing a stressful encounter with a civilian; (c) Laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws; (d) Any other requirements and procedures necessary for the proper implementation of this section. (C) The attorney general shall transmit a certified copy of any rule Am. Sub. H. B. No. 110 134th G.A. 71 adopted under this section to the secretary of state. (D) As used in this section: (1) "Peace officer" has the same meaning as in section 109.71 of the Revised Code. (2) "Trooper" means an individual appointed as a state highway patrol trooper under section 5503.01 of the Revised Code. (3) "Appointing authority" means any agency or entity that appoints a peace officer or trooper. Sec. 111.16. Except as provided in section 1701.041 of the Revised Code, the secretary of state shall charge and collect, for the benefit of the state, the following fees: (A) For filing and recording articles of incorporation of a domestic corporation, including designation of agent: (1) Wherein the corporation shall not be authorized to issue any shares of capital stock, ninety-nine dollars; (2) Wherein the corporation shall be authorized to issue shares of capital stock, with or without par value: (a) Ten cents for each share authorized up to and including one thousand shares; (b) Five cents for each share authorized in excess of one thousand shares up to and including ten thousand shares; (c) Two cents for each share authorized in excess of ten thousand shares up to and including fifty thousand shares; (d) One cent for each share authorized in excess of fifty thousand shares up to and including one hundred thousand shares; (e) One-half cent for each share authorized in excess of one hundred thousand shares up to and including five hundred thousand shares; (f) One-quarter cent for each share authorized in excess of five hundred thousand shares; provided no fee shall be less than ninety-nine dollars or greater than one hundred thousand dollars. (B) For filing and recording a certificate of amendment to or amended articles of incorporation of a domestic corporation, or for filing and recording a certificate of reorganization, a certificate of dissolution, or an amendment to a foreign license application: (1) If the domestic corporation is not authorized to issue any shares of capital stock, fifty dollars; (2) If the domestic corporation is authorized to issue shares of capital stock, fifty dollars, and in case of any increase in the number of shares authorized to be issued, a further sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in Am. Sub. H. B. No. 110 134th G.A. 72 the same manner for the number of shares previously authorized to be issued by the corporation; provided no fee under division (B)(2) of this section shall be greater than one hundred thousand dollars; (3) If the foreign corporation is not authorized to issue any shares of capital stock, fifty dollars; (4) If the foreign corporation is authorized to issue shares of capital stock, fifty dollars. (C) For filing and recording articles of incorporation of a savings and loan association, ninety-nine dollars; and for filing and recording a certificate of amendment to or amended articles of incorporation of a savings and loan association, fifty dollars; (D) For filing and recording a certificate of conversion, including a designation of agent, a certificate of merger, or a certificate of consolidation, ninety-nine dollars and, in the case of any new corporation resulting from a consolidation or any surviving corporation that has an increased number of shares authorized to be issued resulting from a merger, an additional sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued or represented in this state by each of the corporations for which a consolidation or merger is effected by the certificate; (E) For filing and recording articles of incorporation of a credit union or the American credit union guaranty association, ninety-nine dollars, and for filing and recording a certificate of increase in capital stock or any other amendment of the articles of incorporation of a credit union or the association, fifty dollars; (F) For filing and recording articles of organization of a limited liability company, for filing and recording an application to become a registered foreign limited liability company, for filing and recording a registration application to become a domestic limited liability partnership, or for filing and recording an application to become a registered foreign limited liability partnership, ninety-nine dollars; (G) For filing and recording a certificate of limited partnership or an application for registration as a foreign limited partnership, or for filing an initial statement of partnership authority pursuant to section 1776.33 of the Revised Code, ninety-nine dollars; (H) For filing a copy of papers evidencing the incorporation of a municipal corporation or of annexation of territory by a municipal corporation, five dollars, to be paid by the municipal corporation, the petitioners therefor, or their agent; Am. Sub. H. B. No. 110 134th G.A. 73 (I) For filing and recording any of the following: (1) A license to transact business in this state by a foreign corporation for profit pursuant to section 1703.04 of the Revised Code or a foreign nonprofit corporation pursuant to section 1703.27 of the Revised Code, ninety-nine dollars; (2) A biennial report or biennial statement pursuant to section 1775.63, 1776.83, or 1785.06 of the Revised Code, twenty-five dollars; (3) Except as otherwise provided in this section or any other section of the Revised Code, any other certificate or paper that is required to be filed and recorded or is permitted to be filed and recorded by any provision of the Revised Code with the secretary of state, twenty-five dollars. (J) For filing any certificate or paper not required to be recorded, five dollars; (K)(1) For making copies of any certificate or other paper filed in the office of the secretary of state, a fee not to exceed one dollar per page, except as otherwise provided in the Revised Code, and for creating and affixing the seal of the office of the secretary of state to any good standing or other certificate, five dollars. For copies of certificates or papers required by state officers for official purpose, no charge shall be made. (2) For creating and affixing the seal of the office of the secretary of state to the certificates described in division (E) of section 1701.81, division (E) of section 1701.811, division (E) of section 1705.38, division (E) of section 1705.381, division (D) of section 1702.43, division (E) of section 1775.47, division (E) of section 1775.55, division (E) of section 1776.70, division (E) of section 1776.74, division (E) of section 1782.433, or division (E) of section 1782.4310 of the Revised Code, twenty-five dollars. (L) For a minister's license to solemnize marriages, ten dollars; (M) For examining documents to be filed at a later date for the purpose of advising as to the acceptability of the proposed filing, fifty dollars; (N) Fifty dollars for filing and recording any of the following: (1) A certificate of dissolution and accompanying documents, or a certificate of cancellation, under section 1701.86, 1702.47, 1705.43, 1706.471, 1776.65, or 1782.10 of the Revised Code; (2) A notice of dissolution of a foreign licensed corporation or a certificate of surrender of license by a foreign licensed corporation under section 1703.17 of the Revised Code; (3) The withdrawal of registration of a foreign or domestic limited liability partnership under section 1775.61, 1775.64, 1776.81, or 1776.86 of the Revised Code, or the certificate of cancellation of registration of a foreign limited liability company under section 1705.57 or 1706.514 of the Am. Sub. H. B. No. 110 134th G.A. 74 Revised Code; (4) The filing of a statement of denial under section 1776.34 of the Revised Code, a statement of dissociation under section 1776.57 of the Revised Code, a statement of disclaimer of general partner status under Chapter 1782. of the Revised Code, or a cancellation of disclaimer of general partner status under Chapter 1782. of the Revised Code. (O) For filing a statement of continued existence by a nonprofit corporation, twenty-five dollars; (P) For filing a restatement under section 1705.08, 1706.161, or 1782.09 of the Revised Code, an amendment to a certificate of cancellation under section 1782.10 of the Revised Code, an amendment under section 1705.08, 1706.161, or 1782.09 of the Revised Code, or a correction under section 1705.55, 1706.173, 1706.511, 1706.513, 1775.61, 1775.64, 1776.12, or 1782.52 of the Revised Code, fifty dollars; (Q) For filing for reinstatement of an entity cancelled by operation of law, by the secretary of state, by order of the department of taxation, or by order of a court, twenty-five dollars; (R) For filing and recording any of the following: (1) A change of agent, resignation of agent, or change of agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, twenty-five dollars; (2) A multiple change of agent name or address, standardization of agent address, or resignation of agent under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one hundred twenty-five dollars, plus three dollars per entity record being changed, by the multiple agent update. (S) For filing and recording any of the following: (1) An application for the exclusive right to use a name or an application to reserve a name for future use under section 1701.05, 1702.05, 1703.31, 1705.05, 1706.07, or 1746.06 of the Revised Code, thirty-nine dollars; (2) A trade name or fictitious name registration or report, thirty-nine dollars; (3) An application to renew any item covered by division (S)(1) or (2) of this section that is permitted to be renewed, twenty-five dollars; (4) An assignment of rights for use of a name covered by division (S)(1), (2), or (3) of this section, the cancellation of a name registration or name reservation that is so covered, or notice of a change of address of the registrant of a name that is so covered, twenty-five dollars. (T) For filing and recording a report to operate a business trust or a real Am. Sub. H. B. No. 110 134th G.A. 75 estate investment trust, either foreign or domestic, ninety-nine dollars; and for filing and recording an amendment to a report or associated trust instrument, or a surrender of authority, to operate a business trust or real estate investment trust, fifty dollars; (U)(1) For filing and recording the registration of a trademark, service mark, or mark of ownership, one hundred twenty-five dollars; (2) For filing and recording the change of address of a registrant, the assignment of rights to a registration, a renewal of a registration, or the cancellation of a registration associated with a trademark, service mark, or mark of ownership, twenty-five dollars. (V) For filing a service of process with the secretary of state, five dollars per address to be served, except as otherwise provided in any section of the Revised Code; (W) For making, recording, and forwarding a commission under section 107.06 of the Revised Code, the applicable fee specified in that section. Fees specified in this section may be paid by cash, check, or money order, by credit card in accordance with section 113.40 of the Revised Code, or by an alternative payment program in accordance with division (B) of section 111.18 of the Revised Code. Any credit card number or the expiration date of any credit card is not subject to disclosure under Chapter 149. of the Revised Code. Sec. 111.27. There is hereby established in the state treasury the board of elections reimbursement and education fund. The fund shall be used by the secretary of state to reimburse boards of elections for various purposes, including reimbursements made under pursuant to sections 3513.301, 3513.312, 3515.071, and 3521.03 of the Revised Code, and to provide training and educational programs for members and employees of boards of elections. The fund shall receive transfers of cash pursuant to controlling board action and also shall receive revenues from fees, gifts, grants, donations, and other similar receipts. Sec. 111.28. (A) There is hereby created in the state treasury the help America vote act (HAVA) fund. All moneys received by the secretary of state from the United States election assistance commission for purposes established under the "Help America Vote Act of 2002," Pub. L. No. 107-252, as amended, shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for activities conducted pursuant to the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666 that act. All investment earnings of the fund shall be credited to the fund. (B) There is hereby created in the state treasury the miscellaneous federal grants fund. All Except as otherwise provided in division (A) of this Am. Sub. H. B. No. 110 134th G.A. 76 section, all moneys the secretary of state receives as grants from federal sources that are not otherwise designated shall be credited to the fund. The secretary of state shall use the moneys credited to the fund for the purposes and activities required by the applicable federal grant agreements. All investment earnings of the fund shall be credited to the fund. Sec. 111.48. There is in the state treasury the address confidentiality program fund. The fund shall consist of money paid into the fund pursuant to division (B)(10) (B)(11) of section 2929.18 and division (D) of section 2929.28 of the Revised Code and any money appropriated to the fund by the general assembly or donated to the fund. The secretary of state shall use the money in the fund for the purpose of administering the address confidentiality program described in sections 111.41 to 111.47 of the Revised Code. Sec. 113.70. As used in sections 113.70 to 113.77 of the Revised Code: (A) "Expenditure" means a payment, distribution, loan, advance, reimbursement, deposit, or gift of money from a state entity to any supplier. (B) "Political subdivision" means a county, city, village, public library, township, park district, school district, regional water and sewer district, or regional transit authority. (C) "Public library" means a library that is created, maintained, and regulated under Chapter 3375. of the Revised Code. (D) "School district" means a city, local, exempted village, or joint vocational school district; a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code; or an educational service center. "School district" does not mean a community school established under Chapter 3314. of the Revised Code. (E) "State entity" means the general assembly, the supreme court, the court of claims, the office of an elected state officer, or a department, bureau, board, office, commission, agency, institution, instrumentality, or other governmental entity of this state established by the constitution or laws of this state for the exercise of any function of state government, but excludes a political subdivision, an institution of higher education, a state retirement system, and the city of Cincinnati retirement system. "State entity" does not include the nonprofit corporation formed under section 187.01 of the Revised Code. (F) "State retirement system" means the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, and the state highway patrol retirement system. (G) "Supplier" means any person, partnership, corporation, association, Am. Sub. H. B. No. 110 134th G.A. 77 organization, state entity, or other party, including any executive officer, legislative officer, judicial officer, or member or employee of a state entity, that does either of the following: (1) Sells, leases, or otherwise provides equipment, materials, goods, supplies, or services to a state entity pursuant to a contract between the supplier and a state entity; (2) Receives reimbursement from a state entity for any expense. Sec. 113.71. (A) The treasurer of state, in collaboration with the directors of budget and management and administrative services, shall establish and maintain the Ohio state and local government expenditure database. The database shall be accessible on the web site of the treasurer of state and the web site of the office of budget and management. (B) The database shall include information about expenditures made in each fiscal year that commences after the effective date of this section. (C) The database shall be accessible by members of the public without charge. (D) State entities shall assist in the development, establishment, operation, storage, hosting, and support of the database. State entities shall comply with sections 113.70 to 113.77 of the Revised Code using existing resources. (E) The treasurer of state shall enter into an annual agreement with the directors of budget and management and administrative services to define data storage, data handling, user interface requirements, and other provisions considered necessary to ensure the proper maintenance and operation of the database. (F) Nothing in this section shall be construed to prohibit the treasurer of state from including any information in the base that is not required to be included under sections 113.70 to 113.77 of the Revised Code and that is available to the public. Sec. 113.72. For each expenditure, the Ohio state and local government expenditure database shall include the following information: (A) The amount of the expenditure; (B) The date the expenditure was paid; (C) The supplier to which the expenditure was paid; (D) The state entity that made the expenditure or requested the expenditure be made. Sec. 113.73. (A) The Ohio state and local government expenditure database shall include the following features: (1) A searchable database of all expenditures; (2) The ability to filter expenditures by the following categories: Am. Sub. H. B. No. 110 134th G.A. 78 (a) The category of expense; (b) The Ohio administrative knowledge system accounting code for a specific good or service. (3) The ability to search and filter by any of the factors listed in section 113.72 of the Revised Code; (4) The ability to aggregate data contained in the database; (5) The ability to determine the total amount of expenditures awarded to a supplier by a state entity; (6) The ability to download information obtained through the database; (7) A searchable database of state and school district employee salary and employment information. (B) The information required under division (A)(7) of this section shall be provided by the department of administrative services or the department of education, as applicable. Sec. 113.74. Not later than one year after the Ohio state and local government expenditure database is implemented, the treasurer of state shall coordinate with the director of budget and management to provide an opportunity for public comment as to the utility of the database. Sec. 113.75. The Ohio state and local government expenditure database shall not include any information that is determined to be confidential or is not a public record under the laws of this state. All of the following are not liable for the disclosure of a record contained in the Ohio state and local government expenditure database that is determined to be confidential or is not a public record under the laws of this state: (A) The treasurer of state; (B) Employees of the treasurer of state; (C) A state entity; (D) Any employee of a state entity that provides information to the database. Sec. 113.76. Each state entity shall display on its web site a prominent internet link to the Ohio state and local government expenditure database. Sec. 113.77. A political subdivision or state retirement system may agree to have information on expenditures made by the political subdivision or state retirement system included in the Ohio state and local government expenditure database. If a political subdivision or state retirement system agrees to include the information in the database, the political subdivision or state retirement system shall provide the information to the treasurer of state and comply with sections 113.70 to 113.77 of the Revised Code in the same manner as a state entity. Sec. 117.04. The auditor of state shall appoint a chief deputy auditor of Am. Sub. H. B. No. 110 134th G.A. 79 state, whose who shall be a certified public accountant with an active Ohio permit. The appointment shall be in writing under the official seal of the auditor of state and recorded in the office of the secretary of state. Sec. 117.05. Before entering upon the discharge of the duties of his office, the chief deputy auditor of state shall give a bond to the auditor of state in the sum of ten thousand dollars, with a surety approved by the auditor of state, conditioned for the faithful discharge of the duties of his the chief deputy's office. Sec. 117.06. During the absence or disability of the auditor of state, or when so directed by him the auditor of state, the chief deputy auditor of state may perform all the duties of auditor of state. Sec. 117.09. By The auditor of state, by virtue of the office, the auditor of state shall be the chief inspector and supervisor of lead public official responsible for the examination, analysis, inspection, and audits of all public offices and. The auditor of state may hire, appoint not more than six deputy inspectors and supervisors and a clerk. Not more than three deputy inspectors and supervisors shall belong to the same political party. The auditor of state shall appoint such state examiners as are necessary, who shall be known as assistant auditors of state, and such additional employees as the auditor of state requires. No person shall be appointed an assistant auditor of state unless the person holds a baccalaureate degree from an accredited college or university, or has successfully completed at least sixteen semester hours or the equivalent in accounting or a related field from an accredited college or university or an accredited trade, technical, or vocational school beyond the high school level, or possesses at least three years' experience in accounting or a related field. Any employee called upon to testify in any legal proceedings in regard to any official matter is entitled to compensation and expenses provided in this section. Each employee shall be reimbursed for travel, including meals, hotels, and other actual and necessary expenses when traveling on official business, under order of the auditor of state, away from the employee's headquarters or place of principal assignment, in the manner and at the same rates as are provided by the rules of the director of budget and management governing travel. The auditor of state may employ experts or assistants necessary to disclose the facts concerning any matter and, and fix their the compensation of auditors, investigators, and other staff necessary to carry out the statutory responsibilities of the office. Sec. 117.13. (A) The total costs of audits of state agencies, both direct and indirect, shall be recovered by the auditor of state in the following Am. Sub. H. B. No. 110 134th G.A. 80 manner: (1) The total costs of all audits of state agencies, both direct and indirect, shall be paid to the auditor of state on statements rendered by the auditor of state. Money so received by the auditor of state shall be paid into the state treasury to the credit of the public audit expense fund--intrastate, which is hereby created, and shall be used to pay costs related to such audits. The costs of audits of a state agency shall be charged to the state agency being audited, unless otherwise determined by the auditor of state. The costs of any assistant auditor, employee, or expert employed pursuant to section 117.09 of the Revised Code called upon to testify in any legal proceedings in regard to any audit, or called upon to review or discuss any matter related to any audit, may be charged to the state agency to which the audit relates. (2) The auditor of state shall determine and publish annually rates to be charged to state agencies for recovering the costs of audits of state agencies. The rates shall take into consideration federal cost recovery guidelines. (B) As used in this division, "government auditing standards" means the government auditing standards published by the comptroller general of the United States general accounting office. (1) Except as provided in divisions (B)(2) and (3) of this section, any costs of an audit of a private institution, association, board, or corporation receiving public money for its use shall be charged to the public office providing the public money in the same manner as costs of an audit of the public office. (2) If an audit of a private child placing agency or private noncustodial agency receiving public money from a public children services agency for providing child welfare or child protection services sets forth that money has been illegally expended, converted, misappropriated, or is unaccounted for, the costs of the audit shall be charged to the agency being audited in the same manner as costs of an audit of a public office, unless the findings are inconsequential, as defined by government auditing standards. (3) If such an audit does not set forth that money has been illegally expended, converted, misappropriated, or is unaccounted for or sets forth findings that are inconsequential, as defined by government auditing standards, the costs of the audit shall be charged as follows: (a) One-third of the costs to the agency being audited; (b) One-third of the costs to the public children services agency that provided the public money to the agency being audited; (c) One-third of the costs to the department of job and family services. (C) The total costs of audits of local public offices, both direct and Am. Sub. H. B. No. 110 134th G.A. 81 indirect, shall be recovered by the auditor of state in the following manner: (1) The total costs of all audits of local public offices, both direct and indirect, shall be paid to the auditor of state on statements rendered by the auditor of state. Money so received by the auditor of state shall be paid into the state treasury to the credit of the public audit expense fund-local government, which is hereby created, and shall be used to pay costs related to such audits. The costs of audits of a local public office shall be charged to the local public office being audited, unless otherwise determined by the auditor of state. The charges billed to the local public office for the cost of audits performed shall be offset subject to the availability of resources from the local government audit support fund created under section 117.131 of the Revised Code, the general revenue fund, or other state sources provided to the auditor of state for such purposes. The auditor of state shall establish the manner in which the offset shall be determined. The costs of any assistant auditor, employee, or expert employed pursuant to section 117.09 of the Revised Code called upon to testify in any legal proceedings in regard to any audit, or called upon to review or discuss any matter related to any audit, may be charged to the public office to which the audit relates. (2) At the conclusion of each audit, or analysis and report made pursuant to section 117.24 of the Revised Code, the fiscal officer of the local public office audited may allocate the charges billed for the cost of the audit, or of the audit and the analysis and report to appropriate funds using a methodology that follows guidance provided by the auditor of state. (3) The auditor of state shall provide each local public office a statement or certification of the amount due from the public office for services performed by the auditor of state under this or any other section of the Revised Code, as well as the date upon which payment is due to the auditor of state. The auditor of state is authorized to negotiate with any local public office and, upon agreement between the auditor of state and the local public office, may adopt a schedule for payment of the amount due under this section. Any local public office that does not pay the amount due to the auditor of state by that date may be assessed by the auditor of state for interest from the date upon which the payment is due at the rate per annum prescribed by section 5703.47 of the Revised Code. All interest charges assessed by the auditor of state may be collected in the same manner as audit costs pursuant to division (D) of this section. (4) The auditor of state shall determine and publish annually rates to be charged to local public offices for recovering the costs of audits of local public offices. (D) If the auditor of state fails to receive payment for any amount due, Am. Sub. H. B. No. 110 134th G.A. 82 including, but not limited to, fines, fees, and costs, from a public office for services performed under this or any other section of the Revised Code, the auditor of state may seek payment through the office of budget and management. (Amounts due include any amount due to an independent public accountant with whom the auditor has contracted to perform services, all costs and fees associated with participation in the uniform accounting network, and all costs associated with the auditor's provision of local government services.) Upon certification by the auditor of state to the director of budget and management of any such amount due, the director shall withhold from the public office any amount available, up to and including the amount certified as due, from any funds under the director's control that belong to or are lawfully payable or due to the public office. The director shall promptly pay the amount withheld to the auditor of state. If the director determines that no funds due and payable to the public office are available or that insufficient amounts of such funds are available to cover the amount due, the director shall withhold and pay to the auditor of state the amounts available and, in the case of a local public office, certify the remaining amount to the county auditor of the county in which the local public office is located. The county auditor shall withhold from the local public office any amount available, up to and including the amount certified as due, from any funds under the county auditor's control and belonging to or lawfully payable or due to the local public office. The county auditor shall promptly pay any such amount withheld to the auditor of state. Sec. 117.22. The public accountant conducting an audit under this chapter may request the auditor of state, the chief deputy auditor of state, a deputy inspector and supervisor of public offices, or an assistant or an auditor or investigator of the auditor of state, to exercise any authority granted under section 117.18 of the Revised Code for the purpose of assisting in the conduct of the audit. Assistant auditors of state and experts or other assistants shall be compensated as provided by sections 117.09 and 117.12 of the Revised Code. Sec. 117.55. (A) As used in this section: (1) "Entity" means, whether for profit or nonprofit, a corporation, association, partnership, limited liability company, sole proprietorship, or other business entity. "Entity" does not include an individual who receives state assistance that is not related to the individual's business. (2) "State award for economic development" means state financial assistance and expenditure in any of the following forms: grants, subgrants, loans, awards, cooperative agreements, or other similar and related forms of financial assistance and contracts, subcontracts, purchase orders, task orders, Am. Sub. H. B. No. 110 134th G.A. 83 delivery orders, or other similar and related transactions. It does not include compensation received as an employee of the state or any state financial assistance and expenditure received from the general assembly or any legislative agency, any court or judicial agency, or from the offices of the attorney general, the secretary of state, the auditor of state, or the treasurer of state. (B) Not later than thirty days after the end of the state fiscal year, the department of development shall send the auditor of state a list of state awards for economic development. The auditor of state shall review each award and determine if an entity is in compliance with the terms and conditions, including performance metrics, of a state award for economic development received by that entity. (C) The auditor of state shall publish a report of its reviews and determinations not later than ninety days after receipt of the list of state awards from the department of development. (D) When the auditor of state finds that an entity that receives or has received a state award for economic development is not in compliance with a performance metric that is specified in the terms and conditions of the award, the auditor of state shall report the findings to the attorney general. The attorney general may pursue against and from that entity such remedies and recoveries as are available under law. (E) If the auditor of state is authorized to conduct an audit of an entity that receives or has received a state award for economic development, the audit shall be conducted in accordance with Chapter 117. of the Revised Code. Sec. 121.02. The following administrative departments and their respective directors are hereby created: (A) The office of budget and management, which shall be administered by the director of budget and management; (B) The department of commerce, which shall be administered by the director of commerce; (C) The department of administrative services, which shall be administered by the director of administrative services; (D) The department of transportation, which shall be administered by the director of transportation; (E) The department of agriculture, which shall be administered by the director of agriculture; (F) The department of natural resources, which shall be administered by the director of natural resources; (G) The department of health, which shall be administered by the Am. Sub. H. B. No. 110 134th G.A. 84 director of health; (H) The department of job and family services, which shall be administered by the director of job and family services; (I) Until July 1, 1997, the department of liquor control, which shall be administered by the director of liquor control; (J) The department of public safety, which shall be administered by the director of public safety; (K) The department of mental health and addiction services, which shall be administered by the director of mental health and addiction services; (L) The department of developmental disabilities, which shall be administered by the director of developmental disabilities; (M) The department of insurance, which shall be administered by the superintendent of insurance as director thereof; (N) The department of development services agency, which shall be administered by the director of development services; (O) The department of youth services, which shall be administered by the director of youth services; (P) The department of rehabilitation and correction, which shall be administered by the director of rehabilitation and correction; (Q) The environmental protection agency, which shall be administered by the director of environmental protection; (R) The department of aging, which shall be administered by the director of aging; (S) The department of veterans services, which shall be administered by the director of veterans services; (T) The department of medicaid, which shall be administered by the medicaid director. The director of each department shall exercise the powers and perform the duties vested by law in such department. Sec. 121.03. The following administrative department heads shall be appointed by the governor, with the advice and consent of the senate, and shall hold their offices during the term of the appointing governor, and are subject to removal at the pleasure of the governor. (A) The director of budget and management; (B) The director of commerce; (C) The director of transportation; (D) The director of agriculture; (E) The director of job and family services; (F) Until July 1, 1997, the director of liquor control; (G) The director of public safety; Am. Sub. H. B. No. 110 134th G.A. 85 (H) The superintendent of insurance; (I) The director of development services; (J) The tax commissioner; (K) The director of administrative services; (L) The director of natural resources; (M) The director of mental health and addiction services; (N) The director of developmental disabilities; (O) The director of health; (P) The director of youth services; (Q) The director of rehabilitation and correction; (R) The director of environmental protection; (S) The director of aging; (T) The administrator of workers' compensation who meets the qualifications required under division (A) of section 4121.121 of the Revised Code; (U) The director of veterans services who meets the qualifications required under section 5902.01 of the Revised Code; (V) The chancellor of higher education; (W) The medicaid director. Sec. 121.07. (A) Except as otherwise provided in this division, the officers mentioned in sections 121.04 and 121.05 of the Revised Code and the offices and divisions they administer shall be under the direction, supervision, and control of the directors of their respective departments, and shall perform such duties as the directors prescribe. In performing or exercising any of the examination or regulatory functions, powers, or duties vested by Title XI, Chapters 1733. and 1761., and sections 1315.01 to 1315.18 of the Revised Code in the superintendent of financial institutions, the superintendent of financial institutions and the division of financial institutions are independent of and are not subject to the control of the department or the director of commerce. In the absence of the superintendent of financial institutions, the director of commerce shall, for a limited period of time, perform or exercise any of those functions, powers, or duties or authorize the deputy superintendent for banks to perform or exercise any of the functions, power powers, or duties vested by Title XI and sections 1315.01 to 1315.18 of the Revised Code in the superintendent and the deputy superintendent for credit unions to perform or exercise any of the functions, powers, or duties vested by Chapters 1733. and 1761. of the Revised Code in the superintendent. (B) With the approval of the governor, the director of each department shall establish divisions within the department, and distribute the work of Am. Sub. H. B. No. 110 134th G.A. 86 the department among such divisions. Each officer created by section 121.04 of the Revised Code shall be the head of such a division, except for the equal opportunity employment coordinator, who shall report to a position determined by the director of administrative services. With the approval of the governor, the director of each department may consolidate any two or more of the offices created in the department by section 121.04 of the Revised Code, or reduce the number of or create new divisions therein. The director of each department may prescribe rules for the government of the department, the conduct of its employees, the performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto. Sec. 121.08. (A) There is hereby created in the department of commerce the position of deputy director of administration. This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform the duties the director prescribes, and hold office during the director's pleasure. The director of commerce may designate an assistant director of commerce to serve as the deputy director of administration. The deputy director of administration shall perform the duties prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce. (B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate and professional licensing, the superintendent of liquor control, the superintendent of industrial compliance, the superintendent of unclaimed funds, and the commissioner of securities, and shall have all powers and perform all duties vested by law in all officers, deputies, and employees of those offices. Except as provided in section 121.07 of the Revised Code, wherever powers are conferred or duties imposed upon any of those officers, the powers and duties shall be construed as vested in the department of commerce. (C)(1) There is hereby created in the department of commerce a division of financial institutions, which shall have all powers and perform all duties vested by law in the superintendent of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent of financial institutions, those powers and duties shall be construed as vested in the division of financial institutions. The division of financial institutions shall be administered by the superintendent of financial institutions. Am. Sub. H. B. No. 110 134th G.A. 87 (2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section. (D) There is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control. The division of liquor control shall be administered by the superintendent of liquor control. (E) The director of commerce shall not be interested, directly or indirectly, in any firm or corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code. (F) The director of commerce shall not have any official connection with a savings and loan association, a savings bank, a bank, a bank holding company, a savings and loan association holding company, a consumer finance company, or a credit union that is under the supervision of the division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in the business thereof. (G) There is hereby created in the state treasury the division of administration fund. The fund shall receive assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. All operating expenses of the division of administration shall be paid from the division of administration fund. (H) There is hereby created in the department of commerce a division of real estate and professional licensing, which shall be under the control and supervision of the director of commerce. The division of real estate and Am. Sub. H. B. No. 110 134th G.A. 88 professional licensing shall be administered by the superintendent of real estate and professional licensing. The superintendent of real estate and professional licensing shall exercise the powers and perform the functions and duties delegated to the superintendent under Chapters 4735., 4763., 4764., 4767., and 4768. of the Revised Code. (I) There is hereby created in the department of commerce a division of industrial compliance, which shall have all powers and perform all duties vested by law in the superintendent of industrial compliance. Wherever powers are conferred or duties imposed upon the superintendent of industrial compliance, those powers and duties shall be construed as vested in the division of industrial compliance. The division of industrial compliance shall be under the control and supervision of the director of commerce and be administered by the superintendent of industrial compliance. (J) There is hereby created in the department of commerce a division of unclaimed funds, which shall have all powers and perform all duties delegated to or vested by law in the superintendent of unclaimed funds. Wherever powers are conferred or duties imposed upon the superintendent of unclaimed funds, those powers and duties shall be construed as vested in the division of unclaimed funds. The division of unclaimed funds shall be under the control and supervision of the director of commerce and shall be administered by the superintendent of unclaimed funds. The superintendent of unclaimed funds shall exercise the powers and perform the functions and duties delegated to the superintendent by the director of commerce under section 121.07 and Chapter 169. of the Revised Code, and as may otherwise be provided by law. (K) The department of commerce or a division of the department created by the Revised Code that is acting with authorization on the department's behalf may request from the bureau of criminal identification and investigation pursuant to section 109.572 of the Revised Code, or coordinate with appropriate federal, state, and local government agencies to accomplish, criminal records checks for the persons whose identities are required to be disclosed by an applicant for the issuance or transfer of a permit, license, certificate of registration, or certification issued or transferred by the department or division. At or before the time of making a request for a criminal records check, the department or division may require any person whose identity is required to be disclosed by an applicant for the issuance or transfer of such a license, permit, certificate of registration, or certification to submit to the department or division valid fingerprint impressions in a format and by any media or means acceptable to the bureau Am. Sub. H. B. No. 110 134th G.A. 89 of criminal identification and investigation and, when applicable, the federal bureau of investigation. The department or division may cause the bureau of criminal identification and investigation to conduct a criminal records check through the federal bureau of investigation only if the person for whom the criminal records check would be conducted resides or works outside of this state or has resided or worked outside of this state during the preceding five years, or if a criminal records check conducted by the bureau of criminal identification and investigation within this state indicates that the person may have a criminal record outside of this state. In the case of a criminal records check under section 109.572 of the Revised Code, the department or division shall forward to the bureau of criminal identification and investigation the requisite form, fingerprint impressions, and fee described in division (C) of that section. When requested by the department or division in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check. After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the department or division. The department or division may require any person about whom a criminal records check is requested to pay to the department or division the amount necessary to cover the fee charged to the department or division by the bureau of criminal identification and investigation under division (C)(3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal records check conducted by the federal bureau of investigation. (L) The director of commerce, or the director's designee, may adopt rules to enhance compliance with statutes pertaining to, and rules adopted by, divisions under the direction, supervision, and control of the department or director by offering incentive-based programs that ensure safety and soundness while promoting growth and prosperity in the state. Sec. 121.084. (A) All moneys collected under sections 3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 4169.03, and 5104.051 of the Revised Code, and any other moneys collected by the division of industrial compliance shall be paid into the state treasury to the credit of the industrial compliance operating fund, which is hereby created. Am. Sub. H. B. No. 110 134th G.A. 90 The department of commerce shall use the moneys in the fund for paying the operating expenses of the division and the administrative assessment described in division (B) of this section. (B) The director of commerce, with the approval of the director of budget and management, shall prescribe procedures for assessing the industrial compliance operating fund a proportionate share of the administrative costs of the department of commerce. The assessment shall be made in accordance with those procedures and be paid from the industrial compliance operating fund to the division of administration fund created in section 121.08 of the Revised Code. Sec. 121.22. (A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law. (B) As used in this section: (1) "Public body" means any of the following: (a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution; (b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section; (c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code. (2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members. (3) "Regulated individual" means either of the following: (a) A student in a state or local public educational institution; (b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness, an intellectual disability, disease, disability, age, or other condition requiring custodial care. Am. Sub. H. B. No. 110 134th G.A. 91 (4) "Public office" has the same meaning as in section 149.011 of the Revised Code. (C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting. The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section. (D) This section does not apply to any of the following: (1) A grand jury; (2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit; (3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon and the department of rehabilitation and correction when its hearings are conducted at a correctional institution for the sole purpose of making determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies; (4) The organized crime investigations commission established under section 177.01 of the Revised Code; (5) Meetings of a child fatality review board established under section 307.621 of the Revised Code, meetings related to a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code; (6) The state medical board when determining whether to suspend a license or certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code; (7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code; (8) The state board of pharmacy when determining whether to do either of the following: (a) Suspend a license, certification, or registration without a prior Am. Sub. H. B. No. 110 134th G.A. 92 hearing, including during meetings conducted by telephone conference, pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder; or (b) Restrict a person from obtaining further information from the drug database established in section 4729.75 of the Revised Code without a prior hearing pursuant to division (C) of section 4729.86 of the Revised Code. (9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code; (10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code; (11) The board of directors of the nonprofit corporation formed under section 187.01 of the Revised Code or any committee thereof, and the board of directors of any subsidiary of that corporation or a committee thereof; (12) An audit conference conducted by the audit staff of the department of job and family services with officials of the public office that is the subject of that audit under section 5101.37 of the Revised Code; (13) The occupational therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license or limited permit without a hearing pursuant to division (E) of section 4755.11 of the Revised Code; (14) The physical therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (F) of section 4755.47 of the Revised Code; (15) The athletic trainers section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (E) of section 4755.64 of the Revised Code; (16) Meetings of the pregnancy-associated mortality review board established under section 3738.01 of the Revised Code; (17) Meetings of a fetal-infant mortality review board established under section 3707.71 of the Revised Code; (18) Meetings of a drug overdose fatality review committee described in section 307.631 of the Revised Code; (19) Meetings of a suicide fatality review committee described in section 307.641 of the Revised Code. (E) The controlling board, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting Am. Sub. H. B. No. 110 134th G.A. 93 assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board or authority members present, may close the meeting during consideration of the following information confidentially received by the authority or board from the applicant: (1) Marketing plans; (2) Specific business strategy; (3) Production techniques and trade secrets; (4) Financial projections; (5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection. The vote by the authority or board to accept or reject the application, as well as all proceedings of the authority or board not subject to this division, shall be open to the public and governed by this section. (F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting. The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person. (G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters: (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except Am. Sub. H. B. No. 110 134th G.A. 94 as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting. (2) To consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit-for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers. If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned. (3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action; (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment; (5) Matters required to be kept confidential by federal law or regulations or state statutes; (6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office; Am. Sub. H. B. No. 110 134th G.A. 95 (7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code; (8) To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply: (a) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project. (b) A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project. If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (8) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session. A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division. (H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section. (I)(1) Any(I)(1)(a) In order to enforce this section, any person may Am. Sub. H. B. No. 110 134th G.A. 96 bring an action to enforce this section. An only do one of the following, and not both: (i) File a complaint with the clerk of the court of claims or the clerk of the court of common pleas under section 2743.76 of the Revised Code; (ii) Bring an action for injunction in the court of common pleas in the county in which the public body involved is located. (b) An action under division (I)(1) (I)(1)(a)(ii) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person under that division, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions. (2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) (I)(1)(b) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following: (i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section; (ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct. (b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) (I)(1)(b) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court. (3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section. (4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) (I)(1)(b) of this section may be removed from office by an action brought in the court of common pleas for that Am. Sub. H. B. No. 110 134th G.A. 97 purpose by the prosecuting attorney or the attorney general. (J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing: (a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code; (b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code; (c) Reviewing matters relating to an applicant's request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code. (2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance. (3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance. Sec. 122.01. (A) As used in the Revised Code, the "department of development services agency" means the department of development services agency and the "director of development services" means the director of development services. Whenever the department development services agency or director of development services is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department of development services agency or director of development services, as the case may be. (B) As used in this chapter: (1) "Community problems" includes, but is not limited to, taxation, fiscal administration, governmental structure and organization, intergovernmental cooperation, education and training, employment needs, community planning and development, air and water pollution, public safety and the administration of justice, housing, mass transportation, community facilities and services, health, welfare, recreation, open space, and the Am. Sub. H. B. No. 110 134th G.A. 98 development of human resources. (2) "Professional personnel" means either of the following: (a) Personnel who have earned a bachelor's degree from a college or university; (b) Personnel who serve as or have the working title of director, assistant director, deputy director, assistant deputy director, manager, office chief, assistant office chief, or program director. (3) "Technical personnel" means any of the following: (a) Personnel who provide technical assistance according to their job description or in accordance with the Revised Code; (b) Personnel employed in the director of development services' development's office or the legal office, communications office, finance office, legislative affairs office, or human resources office of the department of development services agency; (c) Personnel employed in the technology division of the agency department. Sec. 122.011. (A) The department of development services agency shall develop and promote plans and programs designed to assure that state resources are efficiently used, economic growth is properly balanced, community growth is developed in an orderly manner, and local governments are coordinated with each other and the state, and for such purposes may do all of the following: (1) Serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to persons or local governments, as provided in section 122.073 of the Revised Code; (2) Prepare and activate plans for the retention, development, expansion, and use of the resources and commerce of the state, as provided in section 122.04 of the Revised Code; (3) Assist and cooperate with federal, state, and local governments and agencies of federal, state, and local governments in the coordination of programs to carry out the functions and duties of the agency department; (4) Encourage and foster research and development activities, conduct studies related to the solution of community problems, and develop recommendations for administrative or legislative actions, as provided in section 122.03 of the Revised Code; (5) Serve as the economic and community development planning agency, which shall prepare and recommend plans and programs for the orderly growth and development of this state and which shall provide planning assistance, as provided in section 122.06 of the Revised Code; (6) Cooperate with and provide technical assistance to state Am. Sub. H. B. No. 110 134th G.A. 99 departments, political subdivisions, regional and local planning commissions, tourist associations, councils of government, community development groups, community action agencies, and other appropriate organizations for carrying out the functions and duties of the department of development services agency or for the solution of community problems; (7) Coordinate the activities of state agencies that have an impact on carrying out the functions and duties of the department of development services agency; (8) Encourage and assist the efforts of and cooperate with local governments to develop mutual and cooperative solutions to their common problems that relate to carrying out the purposes of this section; (9) Study existing structure, operations, and financing of regional or local government and those state activities that involve significant relations with regional or local governmental units, recommend to the governor and to the general assembly such changes in these provisions and activities as will improve the operations of regional or local government, and conduct other studies of legal provisions that affect problems related to carrying out the purposes of this section; (10) Create and operate a division of community development to develop and administer programs and activities that are authorized by federal statute or the Revised Code; (11) Until October 15, 2007, establish fees and charges, in consultation with the director of agriculture, for purchasing loans from financial institutions and providing loan guarantees under the family farm loan program created under sections 901.80 to 901.83 of the Revised Code; (12) Provide loan servicing for the loans purchased and loan guarantees provided under section 901.80 of the Revised Code as that section existed prior to October 15, 2007; (13) Until October 15, 2007, and upon approval by the controlling board under division (A)(3) of section 901.82 of the Revised Code of the release of money to be used for purchasing a loan or providing a loan guarantee, request the release of that money in accordance with division (B) of section 166.03 of the Revised Code for use for the purposes of the fund created by section 166.031 of the Revised Code. (14) Allocate that portion of the national recovery zone economic development bond limitation and that portion of the national recovery zone facility bond limitation that has been allocated to the state under section 1400U-1 of the Internal Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal corporation waives any portion of an allocation it receives under division (A)(14) of this section, the agency department may reallocate that Am. Sub. H. B. No. 110 134th G.A. 100 amount. Any allocation or reallocation shall be made in accordance with this section and section 1400U-1 of the Internal Revenue Code. (B) The director of development services may request the attorney general to, and the attorney general, in accordance with section 109.02 of the Revised Code, shall bring a civil action in any court of competent jurisdiction. The director may be sued in the director's official capacity, in connection with this chapter, in accordance with Chapter 2743. of the Revised Code. (C) The director shall execute a contract pursuant to section 187.04 of the Revised Code with the nonprofit corporation formed under section 187.01 of the Revised Code, and may execute any additional contracts with the corporation providing for the corporation to assist the director or agency department in carrying out any duties of the director or agency department under this chapter, under any other provision of the Revised Code dealing with economic development, or under a contract with the director, subject to section 187.04 of the Revised Code. Sec. 122.041. The director of development shall do all of the following with regard to the encouraging diversity, growth, and equity program created under section 123.152122.922 of the Revised Code: (A) Conduct outreach, marketing, and recruitment of EDGE business enterprises, as defined in that section; (B) Provide assistance to the department of administrative services, as needed, to certify new EDGE business enterprises and to train appropriate state agency staff; (C)(B) Provide business development services to EDGE business enterprises in the developmental and transitional stages of the program, including financial and bonding assistance and management and technical assistance; (D)(C) Develop a mentor program to bring businesses into a working relationship with EDGE business enterprises in a way that commercially benefits both entities and serves the purpose of the EDGE program; (E) Not later than December 31, 2003, prepare and submit to the governor a detailed report outlining and evaluating the progress made in implementing the encouraging diversity, growth, and equity program; (F)(D) Establish processes by which an EDGE business enterprise may apply for contract assistance, financial and bonding assistance, management and technical assistance, and mentoring opportunities. Sec. 122.09. (A) As used in this section: (1) "Development costs" means expenditures paid or incurred by the property owner in completing a certified transformational mixed use Am. Sub. H. B. No. 110 134th G.A. 101 development project, including architectural or engineering fees paid or incurred in connection with the project and expenses incurred before the date the project is certified by the tax credit authority under division (C) of this section. In the case of a certified transformational mixed use development project that is part of a larger contiguous project that is planned to be completed in phases, "development costs" include only expenditures associated with the portion of the project that is certified by the tax credit authority and do not include expenditures incurred for other phases of the project. (2) "Owner" means a person or persons holding a fee simple or leasehold interest in real property, including interests in real property acquired through a capital lease arrangement. "Owner" does not include the state or a state agency, or any political subdivision as defined in section 9.23 of the Revised Code. For the purpose of this division, "fee simple interest," "leasehold interest," and "capital lease" shall be construed in accordance with generally accepted accounting principles. (3) "Transformational mixed use development" means a project that consists of new construction or the redevelopment, rehabilitation, expansion, or other improvement of vacant buildings or structures, or a combination of the foregoing, and that: (a) Will have a transformational economic impact on the development site and the surrounding area; (b) Integrates some combination of retail, office, residential, recreation, structured parking, and other similar uses into one mixed use development; and (c) Satisfies one of the following criteria: (i) If the development site is located within ten miles of a major city, the project includes at least one new or previously vacant building that is fifteen or more stories in height or has a floor area of at least three hundred fifty thousand square feet, or after completion will be the site of employment accounting for at least four million dollars in annual payroll, or includes two or more buildings that are connected to each other, are located on the same parcel or on contiguous parcels, and that collectively have a floor area of at least three hundred fifty thousand square feet; (ii) If the development site is not located within ten miles of a major city, the project includes at least one new or previously vacant building that is two or more stories in height or has a floor area of at least seventy-five thousand square feet or two or more new buildings that are located on the same parcel or on contiguous parcels and that collectively have a floor area of at least seventy-five thousand square feet. Am. Sub. H. B. No. 110 134th G.A. 102 "Transformational mixed use development" may include a portion of a larger contiguous project that is planned to be completed in phases as long as the phases collectively meet the criteria described in division (A)(3) of this section. (4) "Increase in tax collections" means the difference, if positive, of the amount of state and local taxes derived from economic activity occurring within the development site and the surrounding area during a period of time minus the amount of such taxes that are estimated to be derived from such economic activity in that site and surrounding area during the same period if the transformational mixed use project were not completed. (5) "Completion period" means the time period beginning on the day after a transformational mixed use development is certified by the tax credit authority and ending on the fifth anniversary of the day the project is completed. (6) "Insurance company" means a person subject to the tax imposed under section 5725.18 or 5729.03 of the Revised Code. (7) "Contribute capital" means to invest, loan, or donate cash in exchange for an equity interest in an asset, a debt instrument, or no consideration. (8) "Major city" means a municipal corporation that has a population greater than one hundred thousand. (9) "Tax credit authority" means the tax credit authority created under section 122.17 of the Revised Code. (10) "Adjusted development costs" means the development costs attributed to a complete transformational mixed use development project minus the sum of the capital contributions of any insurance companies that are preliminarily approved for a tax credit in connection with the same project. (11) A "property owner's share" of the increase in tax collections equals the product obtained by multiplying the total increase in tax collections since the date the transformational mixed use development project was certified by a fraction, the numerator of which is the adjusted development costs and the denominator of which is the actual development costs attributed to the project. (12) An "insurance company's share" of the increase in tax collections equals the product obtained by multiplying the total increase in tax collections since the date the transformational mixed use development project was certified by a fraction, the numerator of which is the insurance company's capital contribution to the project and the denominator of which is the actual development costs attributed to the project. Am. Sub. H. B. No. 110 134th G.A. 103 (B) The owner of one or more parcels of land in this state within which a transformational mixed use development is planned or an insurance company that contributes capital to be used in the planning or construction of such a development may apply to the tax credit authority for certification of the development and preliminary approval of a tax credit. Each application shall be filed in the form and manner prescribed by the director of development services and shall, at minimum, include a development plan comprised of all of the following information: (1) The location of the development site and an indication of whether it is located within ten miles of a major city; (2) A detailed description of the proposed transformational mixed use development including site plans, construction drawings, architectural renderings, or other means sufficient to convey the appearance, size, purposes, capacity, and scope of the project and, if applicable, previously completed and future phases of the project; (3) A viable financial plan that estimates the development costs that have been or will be incurred in the completion of the project and that designates a source of financing or a strategy for obtaining financing; (4) An estimated schedule for the progression and completion of the project including, if applicable, previously completed and future phases of the project; (5) An assessment of the projected economic impact of the project on the development site and the surrounding area; (6) Evidence that the increase in tax collections during the completion period will exceed ten per cent of the estimated development costs reported under division (B)(3) of this section; (7) If the applicant is an insurance company that is not the property owner, the amount of the insurance company's capital contribution to the development and the date on which it was or will be made; (8) Evidence that the project will not be completed unless the applicant receives the credit. (C)(1) In determining whether to certify a project that is the subject of an application submitted under division (B) of this section, the tax credit authority shall consider the potential impact of the transformational mixed use development on the development site and the surrounding area in terms of architecture, accessibility to pedestrians, retail entertainment and dining sales, job creation, property values, connectivity, and revenue from sales, income, lodging, and property taxes. The tax credit authority shall not certify a project unless it satisfies the following conditions: (a) The project qualifies as a transformational mixed use development Am. Sub. H. B. No. 110 134th G.A. 104 and satisfies all other criteria prescribed by this section or by rule of the director of development services; (b) The estimated increase in tax collections during the completion period exceeds ten per cent of the estimated development costs for the project reported under division (B)(3) of this section; (c) The project will not be completed unless the applicant receives the credit; (d) If the development site is located within ten miles of a major city, the estimated development costs to complete the project plus, if applicable, the estimated expenditures that have been or will be incurred to complete all other contiguous phases of the project, exceed fifty million dollars. In making its determination of whether or not to approve an application, the tax credit authority may conduct an interview of the applicant. (2) If the tax credit authority approves an application, the authority shall issue a statement certifying the associated transformational mixed use development project and preliminarily approving a tax credit. The statement shall stipulate that receipt of a tax credit certificate is contingent upon completion of the transformational mixed use development as described in the development plan. The statement shall specify the estimated amount of the tax credit, but state that the amount of the credit is dependent upon determination of the actual development costs attributed to the project and, unless the tax credit authority grants a request by the property owner under division (F) of this section, of the increase in tax collections during the completion period. (3) Except as otherwise provided in this division, if the applicant is an insurance company that is not the property owner, the estimated amount of the tax credit shall equal ten per cent of the insurance company's capital contribution to the project as reported in the development plan pursuant to division (B)(7) of this section. Except as otherwise provided in this division, if the applicant is the property owner, the estimated amount of the tax credit shall equal ten per cent of the estimated development costs for the project as reported in the development plan pursuant to division (B)(3) of this section minus any estimated credit amounts that have been preliminarily approved for insurance companies contributing capital to the project. The estimated credit amounts may be reduced by the tax credit authority as a condition of certifying the project if such a reduction is necessary to comply with the limitations on the amount of credits that may be preliminarily approved as prescribed by division (C)(5) of this section. The estimated credit amounts shall not be adjusted after the statement described in division (C)(2) of this section has been issued. Am. Sub. H. B. No. 110 134th G.A. 105 (4) If the tax credit authority denies an application, the authority shall notify the applicant of the reason or reasons for such determination. The authority's determination is final, but an applicant may revise and resubmit a previously denied application. (5)(a) The tax credit authority shall not certify any transformational mixed use development projects after June 30, 2023 2025. (b) The tax credit authority may not preliminarily approve more than one hundred million dollars of estimated tax credits in each of fiscal years 2020, 2021, 2022, and 2023, 2024, and 2025. (c) Not more than eighty million dollars of estimated tax credits in each such fiscal year may be preliminarily approved in connection with projects that are located within ten miles of a major city. (d) Not more than forty million dollars of estimated tax credits may be preliminarily approved in connection with the same transformational mixed use development project. (6) If the dollar amount of tax credits applied for under division (B) of this section in connection with projects that are located within ten miles of a major city exceeds eighty million dollars for a fiscal year, the tax credit authority shall rank those applications and certify the associated projects in order, starting with the project that presents the best combination of economic value and transformational impact. If the dollar amount of tax credits applied for in connection with projects not located within ten miles of a major city exceeds twenty million dollars for a fiscal year, the tax credit authority shall rank those applications and certify the associated projects in order, starting with the project that presents the best combination of economic value and transformational impact. In either case, the authority shall consider the following factors in ranking the applications: (a) The projected increase in tax collections during the completion period as a percentage of the total amount of estimated tax credits that would be preliminarily approved in connection with the project; (b) The economic impact of the project on the development site and the surrounding area and the impact of the project in terms of architecture, accessibility to pedestrians, retail entertainment and dining sales, job creation, property values, and connectivity; (c) The expeditiousness of the schedule for completing the project, realizing the increase in tax collections, and attaining the economic and other impacts on the development site and the surrounding area. (D) Within twelve months of the date a project is certified, the property owner shall provide the tax credit authority with an updated schedule for the progression and completion of the project and documentation sufficient to Am. Sub. H. B. No. 110 134th G.A. 106 demonstrate that construction of the project has begun. If the property owner does not provide the schedule and documentation or if construction of the project has not begun within the time prescribed by this division, the tax credit authority shall rescind certification of the project and send notice of the rescission to the property owner and each insurance company that is preliminarily approved for a tax credit in connection with the project. A property owner that receives notice of rescission may submit a new application concerning the same project under division (B) of this section. (E) An applicant that is the property owner and is preliminarily approved for a tax credit under this section may sell or transfer the rights to that credit to one or more persons for the purpose of raising capital for the certified project. The applicant shall notify the tax credit authority upon selling or transferring the rights to the credit. The notice shall identify the person or persons to which the credit was sold or transferred and the credit amount sold or transferred to each such person. Only an applicant that owns the property may sell or transfer a credit under this division. A credit may be divided among multiple purchasers through more than one transaction but once a particular credit amount is acquired by a person other than the applicant it may not be sold or transferred again. (F) After a transformational mixed use development project is certified and before it is completed, the property owner may request that the value of the tax credit certificates awarded in connection with the project be computed using the alternative method described in division (I) of this section. The tax credit authority shall grant the request if the authority determines, and a third party engaged by the authority at the expense of the property owner affirms, that it is reasonably certain that the increase in tax collections will exceed ten per cent of the estimated development costs within one year after the project is completed. Otherwise, the authority shall deny the request and the amount of each credit awarded in connection with the project shall be computed under division (H) of this section. The authority's determination under this division shall be delivered in writing and is final and not appealable. (G)(1) The property owner shall notify the tax credit authority upon completion of a certified transformational mixed use development project. The notification shall include a report prepared by a third-party certified public accountant that contains a detailed accounting of the actual development costs attributed to the project. (2) Upon receiving such a notice, unless the tax credit authority has previously granted a request by the property owner under division (F) of this section, the authority shall determine the increase in tax collections since the Am. Sub. H. B. No. 110 134th G.A. 107 date the project was certified by consulting with the tax commissioner and with the tax administrator of any municipal corporation that levies an income tax within the project site and the surrounding area. The tax commissioner and the tax administrators that are consulted pursuant to this division shall provide the tax credit authority with any information that is necessary to determine the increase in tax collections. (3) After determining the increase in tax collections under division (G)(2) of this section, if required, and computing the value of the tax credit under division (H) or (I) of this section, as applicable, the tax credit authority shall issue a tax credit certificate to each applicant that is preliminarily approved for a credit associated with the project or to the person or persons to which such an applicant sold or transferred the rights to the credit under division (E) of this section. If the amount of the tax credit awarded to the property owner is less than the credit amount estimated under division (C) of this section and the property owner sold or transferred the rights to the credit, the tax credit authority shall reduce the amount of each tax credit certificate issued to each purchaser or recipient on a pro rata basis unless the property owner requests an alternative allocation of the credit. (H)(1) Unless the tax credit authority granted a request by the property owner under division (F) of this section, the aggregate value of the tax credit certificates issued under division (G) of this section to the property owner and to any persons to whom the property owner sold or transferred the rights to the credit shall equal the lesser of the following: (a) Ten per cent of the adjusted development costs; (b) Five per cent of the adjusted development costs plus any amount by which the property owner's share of the increase in tax collections since the date the project was certified exceeds five per cent of the adjusted development costs; (c) The estimated credit amount specified in the tax credit authority's statement certifying the project and preliminarily approving the tax credit under division (C) of this section. (2) The value of a tax credit certificate issued under division (G) of this section to an insurance company that contributed capital to the project shall equal the lesser of the following: (a) Ten per cent of the insurance company's actual capital contribution; (b) Five per cent of such capital contribution plus any amount by which the insurance company's share of the increase in tax collections since the date the project was certified exceeds five per cent of the insurance company's capital contribution; Am. Sub. H. B. No. 110 134th G.A. 108 (c) The estimated credit amount specified in the tax credit authority's statement certifying the project and preliminarily approving the tax credit under division (C) of this section. (I) If the tax credit authority granted a request by the property owner under division (F) of this section, the value of the tax credit certificates issued in connection with the transformational mixed use development project shall be computed as follows: (1) For the property owner or any person to which the property owner sold or transferred the rights to the credit, ten per cent of the actual development costs attributed to the project. If the amount of the credit is less than the credit amount estimated under division (C) of this section and the property owner sold or transferred the rights to the credit to more than one person, the authority shall reduce the amount of each tax credit certificate on a pro rata basis unless the property owner requests an alternative allocation of the credit. (2) For an insurance company that contributed capital to the project, ten per cent of the insurance company's actual capital contribution. (J) If the value of a tax credit certificate was computed under division (H) of this section for a project, the property owner, on or before the thirtieth day following the first, second, third, fourth, and fifth anniversaries of the date the certified transformational mixed use development project is completed, may request in writing that the tax credit authority update the increase in tax collections during the completion period. Upon receiving such a request, the tax credit authority shall update the increase in tax collections in the same manner described by division (G) of this section. If the tax credit authority determines that the value of the tax credit certificates computed under division (H) of this section would be greater if computed based on the updated increase in tax collections, the authority shall issue an additional tax credit certificate to each person that previously received a certificate for the project under those divisions. The value of each additional tax credit certificate shall equal the amount by which the tax credit certificate computed under division (H) of this section upon completion of the project would have been greater had the value of such certificate been computed based on the updated increase in tax collections, less the value of any additional tax credit certificates previously issued under this division to the same person respecting the same project. (K) The aggregate value of all tax credit certificates issued under this section for the same transformational mixed use development project shall not exceed (1) ten per cent of the actual development costs of that project or (2) the sum of all estimated credit amounts preliminarily approved by the Am. Sub. H. B. No. 110 134th G.A. 109 tax credit authority in connection with the project. (L) Issuance of a tax credit certificate under this section does not represent a verification or certification by the tax credit authority of the actual development costs of the project or the capital contributions to the project by an insurance company. Such amounts are subject to inspection and examination by the superintendent of insurance. (M) Upon the issuance of a tax credit certificate under division (G) or (J) of this section, the tax credit authority shall certify to the superintendent of insurance (1) the name of each person that was issued a tax credit certificate, (2) whether the person is the property owner, an insurance company that contributed capital to the development, or a person that acquired the rights to the tax credit certificate from the property owner, (3) the credit amount shown on each tax credit certificate, and (4) any other information required by the rules adopted under this section. A person that holds the rights to a tax credit certificate issued under this section and that is an insurance company may claim a tax credit under section 5725.35 or 5729.18 of the Revised Code. (N) The tax credit authority shall publish information about each transformational mixed use development on the web site of the department of development services agency not later than the first day of August following certification of the project. The tax credit authority shall update the published information annually until the project is complete and the credit or credits are fully claimed. The published information shall include all of the following: (1) The location of the transformational mixed use development and the name by which it is known; (2) The estimated schedule for progression and completion of the project included in the development plan pursuant to division (B)(4) of this section; (3) The assessment of the projected economic impact of the project included in the development plan pursuant to division (B)(5) of this section; (4) The evidence supporting the estimated increase in tax collections included in the development plan pursuant to division (B)(6) of this section, except that the tax credit authority may omit any proprietary or sensitive information included in such evidence; (5) The estimated development costs that have been or will be incurred in completion of the project and, if applicable, the amount of the insurance company's capital contribution to the development and the date on which it was made, as reported in the development plan pursuant to divisions (B)(3) and (7) of this section; Am. Sub. H. B. No. 110 134th G.A. 110 (6) A copy of each report submitted to the tax credit authority by the applicant under division (D) of this section. (O) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules that establish all of the following: (1) Forms and procedures by which applicants may apply for a transformational investment tax credit, and any deadlines for applying; (2) Criteria and procedures for reviewing, evaluating, ranking, and approving applications within the limitations prescribed by this section, including rules prescribing the timing and frequency by which the tax credit authority must rank applications and preliminarily approve tax credits under division (C) of this section; (3) Eligibility requirements for obtaining a tax credit certificate under this section; (4) The form of the tax credit certificate; (5) Reporting requirements and monitoring procedures; (6) Procedures for computing the increase in tax collections within the project site and the surrounding area; (7) Forms and procedures by which property owners may request the alternative method of computing the value of tax credit certificates under division (I) of this section that are awarded in connection with a project and criteria for evaluating and making a determination on such requests; (8) Any other rules necessary to implement and administer this section. Sec. 122.15. As used in this section and sections 122.151 to 122.156 of the Revised Code: (A) "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person. For the purposes of this division, a person is "controlled by" another person if the controlling person holds, directly or indirectly, the majority voting or ownership interest in the controlled person or has control over the day-to-day operations of the controlled person by contract or by law. (B) "Border county" means a county in this state that borders another state. (C) "Closing date" means the date on which a rural business growth fund has collected all of the amounts specified by divisions (G)(1) and (2) of section 122.151 of the Revised Code. (C)(D) "Credit-eligible capital contribution" means an investment of cash by a person subject to the tax imposed by section 3901.86, 5725.18, 5729.03, or 5729.06 of the Revised Code in a rural business growth fund that equals the amount specified on a notice of tax credit allocation issued Am. Sub. H. B. No. 110 134th G.A. 111 by the department of development services agency under division (I)(1) of section 122.151 of the Revised Code. The investment shall purchase an equity interest in the fund or purchase, at par value or premium, a debt instrument issued by the fund that meets all of the following criteria: (1) The debt instrument has an original maturity date of at least five years after the date of issuance. (2) The debt instrument has a repayment schedule that is not faster than a level principal amortization over five years. (3) The debt instrument has no interest, distribution, or payment features dependent on the fund's profitability or the success of the fund's growth investments. (D)(E) "Eligible investment authority" means the amount stated on the notice issued under division (F) of section 122.151 of the Revised Code certifying the rural business growth fund. Sixty per cent of a fund's eligible investment authority shall be comprised of credit-eligible capital contributions. (E)(F) "Full-time equivalent employee" means the quotient obtained by dividing the total number of hours for which employees were compensated for employment over the preceding twelve-month period by two thousand eighty. (F)(G) "Growth investment" means any capital or equity investment in a rural business concern or any loan to a rural business concern with a stated maturity of at least one year. A secured loan or the provision of a revolving line of credit to a rural business concern is a growth investment only if the rural business growth fund obtains an affidavit from the president or chief executive officer of the rural business concern attesting that the rural business concern sought and was denied similar financing from a commercial bank. (G)(H) "Operating company" means any business that has its principal business operations in this state, has fewer than two hundred fifty employees and not more than fifteen million dollars in net income for the preceding taxable year, and that is none of the following: (1) A country club; (2) A racetrack or other facility used for gambling; (3) A store the principal purpose of which is the sale of alcoholic beverages for consumption off premises; (4) A massage parlor; (5) A hot tub facility; (6) A suntan facility; (7) A business engaged in the development or holding of intangibles for Am. Sub. H. B. No. 110 134th G.A. 112 sale; (8) A private or commercial golf course; (9) A business that derives or projects to derive fifteen per cent or more of its net income from the rental or sale of real property, except any business that is a special purpose entity principally owned by a principal user of that property formed solely for the purpose of renting, either directly or indirectly, or selling real property back to such principal user if such principal user does not derive fifteen per cent or more of its gross annual revenue from the rental or sale of real property; (10) A publicly traded business. For the purposes of this division, "net income" means federal gross income as required to be reported under the Internal Revenue Code less federal and state taxes imposed on or measured by income. (H)(I) "Population" means that shown by the most recent decennial census or the most recent annual population estimate published or released by the United States census bureau, whichever is more recent. (J) A business's "principal business operations" are in this state if at least eighty per cent of the business's employees reside in this state, the individuals who receive eighty per cent of the business's payroll reside in this state, or the business has agreed to use the proceeds of a growth investment to relocate at least eighty per cent of its employees to this state or pay at least eighty per cent of its payroll to individuals residing in this state. For the purpose of growth investments by a program two rural business growth fund, a business's "principal business operations" are also in this state if it is headquartered in a border county and at least sixty-five per cent of the business's employees reside in this state, the individuals who receive sixty-five per cent of the business's payroll reside in this state, or the business has agreed to use the proceeds of a growth investment to relocate at least sixty-five per cent of its employees to this state or pay at least sixty-five per cent of its payroll to individuals residing in this state. (K) "Program one" refers to rural business growth funds certified by the department of development under section 122.151 of the Revised Code before the effective date of this amendment. (L) "Program two" refers to rural business growth funds certified by the department of development under section 122.151 of the Revised Code on or after the effective date of this amendment. o rural business growth funds certified by the department of development under section 122.151 of the Revised Code before the effective date of this amendment. (L) "Program two" refers to rural business growth funds certified by the department of development under section 122.151 of the Revised Code on or after the effective date of this amendment. (I)(M) "Rural area" means any county in this state having a population less than two hundred thousand as of the most recent decennial census or the most recent annual population estimate published or released by the United States census bureau. Am. Sub. H. B. No. 110 134th G.A. 113 (J)(N) "Rural business concern" means an operating company that has its principal business operations located in a rural area. (K) (O)"Rural business growth fund" and "fund" mean an entity certified by the department of development services agency under section 122.151 of the Revised Code. (L)(P) "Taxable year" means the calendar year ending on the thirty-first day of December next preceding the day the annual statement is required to be returned under section 5725.18 or 5729.02 of the Revised Code. (Q) "Tier one rural area" means any county in this state having a population less than two hundred thousand and more than one hundred fifty thousand. (R) "Tier two rural area" means any county in this state having a population of more than seventy-five thousand but not more than one hundred fifty thousand. (S) "Tier three rural area" means any county in this state having a population of not more than seventy-five thousand. Sec. 122.151. (A) On and after the effective date of the enactment of this section, a A person that has developed a business plan to invest in rural business concerns in this state and has successfully solicited private investors to make credit-eligible capital contributions in support of the plan may apply to the department of development services agency for certification as a rural business growth fund. The application shall include all of the following: (1) The total eligible investment authority sought by the applicant under the business plan; (2) Documents and other evidence sufficient to prove, to the satisfaction of the agency, that the applicant meets all of the following criteria: (a) The applicant or an affiliate of the applicant is licensed as a rural business investment company under 7 U.S.C. 2009cc, or as a small business investment company under 15 U.S.C. 681. (b) As of the date the application is submitted, the applicant has invested more than one hundred million dollars in operating companies, including at least fifty million dollars in operating companies located in rural areas. In computing investments under this division, the applicant may include investments made by affiliates of the applicant and investments made in businesses that are not operating companies but would qualify as operating companies if the principal business operations were located in this state. (3) The industries in which the applicant proposes to make growth investments and the percentage of the growth investments that will be made in each industry. The applicant shall identify each industry by using the Am. Sub. H. B. No. 110 134th G.A. 114 codes utilized by the north American industry classification system. (4) An estimate of the number of new full-time equivalent employees and retained full-time equivalent employees that will result from the applicant's growth investments; (5) A revenue impact assessment for the applicant's proposed growth investments prepared by a nationally recognized third-party independent economic forecasting firm using a dynamic economic forecasting model. The revenue impact assessment shall analyze the applicant's business plan over the ten years following the date the application is submitted to the agency. (6) A signed affidavit from each investor successfully solicited by the applicant to make a credit eligible capital contribution in support of the business plan. Each affidavit shall include information sufficient for the agency and the superintendent of insurance to identify the investor and shall state the amount of the investor's credit-eligible capital contribution. (7) A nonrefundable application fee of five thousand dollars. (B)(1) Except as provided in division (B)(2) of this section, the agency shall review and make a determination with respect to each application submitted under division (A) of this section within sixty days of receipt. The agency shall review and make determinations on the applications in the order in which the applications are received by the agency. Applications received by the agency on the same day shall be deemed to have been received simultaneously. The agency shall approve not more than seventy-five million dollars in eligible investment authority and not more than forty-five million dollars in credit-eligible capital contributions under this section for program one rural business growth funds. The agency shall approve not more than seventy-five million dollars in eligible investment authority and not more than forty-five million dollars in credit-eligible contributions under this section for program two rural business growth funds. (2) If the agency denies an application for certification as a fund, and approving a subsequently submitted application would result in exceeding the dollar limitation on eligible investment authority or credit-eligible contributions prescribed by division (B)(1) of this section assuming the previously denied application were completed, clarified, or cured under division (D) of this section, the agency shall refrain from making a determination on the subsequently submitted application until the previously denied application is reconsidered or the fifteen-day period for submitting additional information respecting that application has passed, whichever comes first. Am. Sub. H. B. No. 110 134th G.A. 115 (C) The agency shall deny an application submitted under this section if any of the following are true: (1) The application is incomplete. (2) The application fee is not paid in full. (3) The applicant does not satisfy all the criteria described in division (A)(2) of this section. (4) The revenue impact assessment submitted under division (A)(5) of this section does not demonstrate that the applicant's business plan will result in a positive economic impact on this state over a ten-year period that exceeds the cumulative amount of tax credits that would be issued under section 122.152 of the Revised Code if the application were approved. (5) The credit-eligible capital contributions described in affidavits submitted under division (A)(6) of this section do not equal sixty per cent of the total amount of eligible investment authority sought under the applicant's business plan. (6) The agency has already approved the maximum total eligible investment authority and credit-eligible capital contributions allowed under division (B) of this section. (D) If the agency denies an application under division (C) of this section, the agency shall send notice of its determination to the applicant. The notice shall include the reason or reasons that the application was denied. If the application was denied for any reason other than the reason specified in division (C)(6) of this section, the applicant may provide additional information to the agency to complete, clarify, or cure defects in the application. The additional information must be submitted within fifteen days after the date the notice of denial was dispatched by the agency. If the person submits additional information within fifteen days, the agency shall reconsider the application within thirty days after receiving the additional information. The application shall be reviewed and considered before any pending application submitted after the original submission date of the reconsidered application. If the person does not submit additional information within fifteen days after dispatch of the notice of denial, the person may submit a new application with a new submission date at any time. (E) If approving multiple simultaneously submitted applications would result in exceeding the overall eligible investment limit prescribed by division (B) of this section, the agency shall proportionally reduce the eligible investment authority and the credit-eligible capital contributions for each approved application as necessary to avoid exceeding the limit. (F) The agency shall not deny a rural business growth fund application Am. Sub. H. B. No. 110 134th G.A. 116 or reduce the requested eligible investment authority for reasons other than those described in divisions (C) and (E) of this section. If the agency approves such an application, the agency shall issue a written notice to the applicant certifying that the applicant qualifies as a rural business growth fund and specifying the amount of the applicant's eligible investment authority. (G) A fund shall do all of the following within sixty days after receiving the certification issued under division (F) of this section: (1) Collect the credit-eligible capital contributions from each investor whose affidavit was included in the application. If the rural business growth fund's requested eligible investment authority is proportionally reduced under division (E) of this section, the investor's required credit-eligible capital contribution shall be reduced by the same proportion. (2) Collect one or more investments of cash that, when added to the contributions collected under division (G)(1) of this section, equal the fund's eligible investment authority. At least ten per cent of the fund's eligible investment authority shall be comprised of equity investments contributed directly or indirectly by affiliates of the fund, including employees, officers, and directors of such affiliates. (H) Within sixty-five days after receiving the certification issued under division (F)(1) of this section, the fund shall send to the agency documentation sufficient to prove that the amounts described in divisions (G)(1) and (2) of this section have been collected. The fund shall identify any affiliate of an investor described in division (G)(1) of this section that will seek to claim the credit allowed by section 122.152 of the Revised Code. If the fund fails to fully comply with division (G) of this section, the fund's certification shall lapse. Eligible investment authority and corresponding credit-eligible capital contributions that lapse under this division do not count toward limits on total eligible investment authority and credit-eligible capital contributions prescribed by division (B) of this section. Once eligible investment authority has lapsed, the agency shall first award lapsed authority pro rata to each fund that was awarded less than the requested eligible investment authority because of the operation of division (E) of this section. Any remaining eligible investment authority may be awarded by the agency to new applicants. (I) After receiving documentation sufficient to prove that the amounts described in divisions (G)(1) and (2) of this section have been collected, the agency shall issue the following notices: (1) To each investor or affiliate identified in division (H) of this section, Am. Sub. H. B. No. 110 134th G.A. 117 a notice of the amount and utilization schedule of the tax credits allocated to that investor or affiliate as a result of its credit-eligible capital contribution; (2) To the superintendent of insurance, a notice of the amount and utilization schedule of the tax credits allocated to each investor described in division (G)(1) of this section and any affiliate of such investor who will seek to claim the credit allowed by section 122.152 of the Revised Code. (J) Application fees submitted to the agency pursuant to division (A)(7) of this section shall be credited to the tax incentives operating fund created under section 122.174 of the Revised Code, and shall be used by the agency to administer sections 122.15 to 122.156 of the Revised Code. Sec. 122.153. (A) The department of development services agency shall not be required to issue a tax credit certificate under section 122.152 of the Revised Code if either of the fund in which the following applies: (1) The credit-eligible capital contribution was made does not invest in a program one rural business growth fund that fails to: (a) Invest fifty per cent of its eligible investment authority in growth investments within one year of the closing date; and (b) Invest one hundred per cent of its eligible investment authority in growth investments in this state within two years of the closing date. (2) The credit eligible contribution was made in a program two rural business growth fund that fails to: (a) Invest twenty-five per cent of its eligible investment authority in growth investments within one year of the closing date; (b) Invest fifty per cent of its eligible investment authority in growth investments within two years of the closing date; and (c) Invest one hundred per cent of its eligible investment authority in growth investments within three years of the closing date, including seventy-five per cent of its eligible investment authority in rural business concerns that have their principal business operations in tier two or tier three rural areas, and twenty-five per cent of its eligible investment authority in rural business concerns that have their principal business operations in tier three rural areas. The amount by which a rural business growth fund's growth investments in rural business concerns that have their principal business operations in tier one rural areas exceeds twenty-five per cent of the fund's eligible investment authority shall not count towards the satisfaction of the requirements prescribed by division (A)(2)(c) of this section. (B) The agency shall recapture tax credits claimed under section 122.152 of the Revised Code if any of the following occur with respect to the rural business growth fund: Am. Sub. H. B. No. 110 134th G.A. 118 (1) The fund, after investing one hundred per cent of its eligible investment authority in growth investments in this state, fails to maintain that investment until the sixth anniversary of the closing date. For the purposes of this division, an investment is maintained even if the investment is sold or repaid so long as the fund reinvests an amount equal to the capital returned or recovered by the fund from the original investment, exclusive of any profits realized, in other growth investments in this state within one year of the receipt of such capital. (2) The fund makes a distribution or payment after the fund complies with division (G) of section 122.151 of the Revised Code and before the fund decertifies under division (D) of this section that results in the fund having less than one hundred per cent of its eligible investment authority invested in growth investments in this state. (3) The fund makes a growth investment in a rural business concern that directly or indirectly through an affiliate owns, has the right to acquire an ownership interest, makes a loan to, or makes an investment in the fund, an affiliate of the fund, or an investor in the fund. Division (A)(3) of this section does not apply to investments in publicly traded securities by a rural business concern or an owner or affiliate of a rural business concern. Before recapturing one or more tax credits under this division, the agency shall notify the fund of the reasons for the pending recapture. If the fund corrects the violations outlined in the notice to the satisfaction of the agency within thirty days of the date the notice was dispatched, the agency shall not recapture the tax credits. (C)(C)(1) The amount by which one or more growth investments by a fund program one rural business growth fund in the same rural business concern exceeds twenty per cent of the fund's eligible investment authority shall not be counted as a growth investment for the purposes of this section. The amount by which one or more growth investments by a program two rural business growth fund in the same business concern exceeds five million dollars shall not be counted as a growth investment for the purposes of this section. A growth investment returned or repaid by a rural business concern to a program one or program two rural business growth fund and then reinvested by the fund in the same rural business concern does not count as an investment in the same rural business concern for the purposes of the limitations prescribed by division (C)(1) of this section. (2) The aggregate amount of growth investments by all rural business growth funds in the same rural business concern, including amounts reinvested in a rural business concern following a returned or repayment of a growth investment, shall not exceed fifteen million dollars. Am. Sub. H. B. No. 110 134th G.A. 119 (3) A growth investment in an affiliate of a rural business concern shall be treated as a growth investment in that rural business concern for the purposes of this division (C) of this section. (D) If the agency recaptures a tax credit under this section, the agency shall notify the superintendent of insurance of the recapture. The superintendent shall make an assessment under Chapter 5725. or 5729. of the Revised Code for the amount of the credit claimed by each certificate owner associated with the fund before the recapture was finalized. The time limitations on assessments under those chapters do not apply to an assessment under this division, but the superintendent shall make the assessment within one year after the date the agency notifies the superintendent of the recapture. Following the recapture of a tax credit under this section, no tax credit certificate associated with the fund may be utilized. Notwithstanding division (B) of section 122.152 of the Revised Code, if a tax credit is recaptured under this section the agency shall not issue future tax credit certificates to taxpayers that made credit-eligible capital contributions to the fund. (E)(1) On or after the sixth anniversary of the closing date, a fund that has not committed any of the acts described in division (B) of this section may apply to the agency to decertify as a rural business growth fund. The agency shall respond to the application within sixty days after receiving the application. In evaluating the application, the fact that no tax credit has been recaptured with respect to the fund shall be sufficient evidence to prove that the fund is eligible for decertification. The agency shall not unreasonably deny an application submitted under this division. (2) The agency shall send notice of its determination with respect to an application submitted under division (E)(1) of this section to the fund. If the application is denied, the notice shall include the reason or reasons for the determination. (3) The agency shall not recapture a tax credit due to any actions of a fund that occur after the date the fund's application for decertification is approved. Division (E)(3) of this section does not prohibit the agency from recapturing a tax credit due to the actions of a fund that occur before the date the fund's application for decertification is approved, even if those actions are discovered after that date. Sec. 122.154. (A) Each rural business growth fund shall submit a report to the department of development services agency on or before the first day of each March following the end of the calendar year that includes the closing date until the calendar year after the fund has decertified. The report shall provide an itemization of the fund's growth investments and shall Am. Sub. H. B. No. 110 134th G.A. 120 include the following documents and information: (1) A bank statement evidencing each growth investment; (2) The name, location, and industry class of each business that received a growth investment from the fund and evidence that the business qualified as a rural business concern at the time the investment was made. If the fund obtained a written opinion from the agency on the business's status as a rural business concern under section 122.156 of the Revised Code, or if the fund makes a written request for such an opinion and the agency failed to respond within thirty days as required by that section, a copy of the agency's favorable opinion or a dated copy of the fund's unanswered request, as applicable, shall be sufficient evidence that the business qualified as a rural business concern at the time the investment was made. (3) The number of employment positions that existed at each business described in division (A)(2) of this section on the date the business received the growth investment; (4) The number of new full-time equivalent employees resulting from each of the fund's growth investments made or maintained in the preceding calendar year; (5) Any other information required by the agency. (B) Each fund shall submit a report to the agency on or before the fifth business day after the first and, second, and for program two funds, third anniversaries of the closing date that provides documentation sufficient to prove that the fund has met the investment thresholds described in division (A) of section 122.153 of the Revised Code and has not implicated any of the other recapture provisions described in division (B) of that section. (C) Each certified rural business growth fund shall pay the agency an annual fee of twenty thousand dollars. The initial annual fee required of a fund shall be due and payable to the agency along with the submission of documentation required under division (H) of section 122.151 of the Revised Code. Each subsequent annual fee is due and payable on the last day of February following the first and each ensuing anniversary of the closing date. If the fund is required to submit an annual report under division (A) of this section, the annual fee shall be submitted along with the report. No fund shall be required to pay an annual fee after the fund has decertified under section 122.153 of the Revised Code. Annual fees paid to the agency under this section shall be credited to the tax incentives operating fund created under section 122.174 of the Revised Code. (D) The director of development services, after consultation with the superintendent of insurance and in accordance with Chapter 119. of the Revised Code, may adopt rules necessary to implement sections 122.15 to Am. Sub. H. B. No. 110 134th G.A. 121 122.156 of the Revised Code. Sec. 122.156. A rural business growth fund, before investing in a business, may request a written opinion from the department of development services agency as to whether the business qualifies as a rural business concern based on the criteria prescribed by section 122.15 of the Revised Code. The request shall be submitted in a form prescribed by rule of the agency. The agency shall issue a written opinion to the fund within thirty business days of receiving such a request. Notwithstanding division (H)(J) of section 122.15 of the Revised Code, if the agency determines that the business qualifies as a rural business concern or if the agency fails to timely issue the written opinion as required under this section, the business shall be considered a rural business concern for the purposes of sections 122.15 to 122.156 of the Revised Code. Sec. 122.17. (A) As used in this section: (1) "Payroll" means the total taxable income paid by the employer during the employer's taxable year, or during the calendar year that includes the employer's tax period, to each employee or each home-based employee employed in the project to the extent such payroll is not used to determine the credit under section 122.171 of the Revised Code. "Payroll" excludes amounts paid before the day the taxpayer becomes eligible for the credit and retirement or other benefits paid or contributed by the employer to or on behalf of employees. (2) "Baseline payroll" means Ohio employee payroll, except that the applicable measurement period is the twelve months immediately preceding the date the tax credit authority approves the taxpayer's application or the date the tax credit authority receives the recommendation described in division (C)(2)(a) of this section, whichever occurs first, multiplied by the sum of one plus an annual pay increase factor to be determined by the tax credit authority. (3) "Ohio employee payroll" means the amount of compensation used to determine the withholding obligations in division (A) of section 5747.06 of the Revised Code and paid by the employer during the employer's taxable year, or during the calendar year that includes the employer's tax period, to the following: (a) An employee employed in the project who is a resident of this state including a qualifying work-from-home employee not designated as a home-based employee by an applicant under division (C)(1) of this section; (b) An employee employed at the project location who is not a resident and whose compensation is not exempt from the tax imposed under section 5747.02 of the Revised Code pursuant to a reciprocity agreement with Am. Sub. H. B. No. 110 134th G.A. 122 another state under division (A)(3) of section 5747.05 of the Revised Code; (c) A home-based employee employed in the project. "Ohio employee payroll" excludes any such compensation to the extent it is used to determine the credit under section 122.171 of the Revised Code, and excludes amounts paid before the day the taxpayer becomes eligible for the credit under this section. (4) "Excess payroll" means Ohio employee payroll minus baseline payroll. (5) "Home-based employee" means an employee whose services are performed primarily from the employee's residence in this state exclusively for the benefit of the project and whose rate of pay is at least one hundred thirty-one per cent of the federal minimum wage under 29 U.S.C. 206. (6) "Full-time equivalent employees" means the quotient obtained by dividing the total number of hours for which employees were compensated for employment in the project by two thousand eighty. "Full-time equivalent employees" excludes hours that are counted for a credit under section 122.171 of the Revised Code. (7) "Metric evaluation date" means the date by which the taxpayer must meet all of the commitments included in the agreement. (8) "Qualifying work-from-home employee" means an employee who is a resident of this state and whose services are supervised from the employer's project location and performed primarily from a residence of the employee located in this state. (9) "Resident" or "resident of this state" means an individual who is a resident as defined in section 5747.01 of the Revised Code. (10) "Reporting period" means a period corresponding to the annual report required under division (D)(6) of this section. (11) "Megaproject" means a project in this state that meets all of the following requirements: (a) The project requires unique sites, extremely robust utility service, and a technically skilled workforce. (b) The megaproject operator of the project compensates the project's employees at an average hourly wage of at least three hundred per cent of the federal minimum wage under 29 U.S.C. 206, exclusive of employee benefits, at the time the tax credit authority approves the project for a credit under this section. (c) The project satisfies either of the following by the metric evaluation date applicable to the project: (i) The megaproject operator makes at least one billion dollars, as adjusted under division (V)(1) of this section, in fixed-asset investments in Am. Sub. H. B. No. 110 134th G.A. 123 the project. (ii) The megaproject operator creates at least seventy-five million dollars, as adjusted under division (V)(1) of this section, in Ohio employee payroll at the project. (d) If the project satisfies division (A)(11)(c)(ii) of this section, then, on and after the metric evaluation date and until the end of the last year for which the megaproject qualifies for the credit authorized under this section, the megaproject operator maintains at least the amount in Ohio employee payroll at the project required under that division for each year in that period. (12) "Megaproject operator" means a taxpayer that undertakes and operates a megaproject. (13) "Megaproject supplier" means a supplier in this state that sells tangible personal property directly to a megaproject operator and meets all of the following requirements: (a) Satisfies both of the following by the metric evaluation date applicable to the megaproject supplier: (i) Makes at least one hundred million dollars, as adjusted under division (V)(2) of this section, in fixed-asset investments in this state; (ii) Creates at least ten million dollars, as adjusted under division (V)(2) of this section, in Ohio employee payroll. (b) On and after the metric evaluation date, until the end of the last year for which the megaproject supplier qualifies for the credit authorized under this section, maintains at least the amount in Ohio employee payroll required under division (A)(13)(a)(ii) of this section for each year in that period. (B) The tax credit authority may make grants under this section to foster job creation in this state. Such a grant shall take the form of a refundable credit allowed against the tax imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, or 5747.02 or levied under Chapter 5751. of the Revised Code. The credit shall be claimed for the taxable years or tax periods specified in the taxpayer's agreement with the tax credit authority under division (D) of this section. With respect to taxes imposed under section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed in the order required under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the excess payroll for that year multiplied by the percentage specified in the agreement with the tax credit authority. (C)(1) A taxpayer or potential taxpayer who proposes a project to create Am. Sub. H. B. No. 110 134th G.A. 124 new jobs in this state may apply to the tax credit authority to enter into an agreement for a tax credit under this section. An application shall not propose to include both home-based employees and employees who are not home-based employees in the computation of Ohio employee payroll for the purposes of the same tax credit agreement, except that a qualifying work-from-home employee shall not be considered to be a home-based employee unless so designated by the applicant. If a taxpayer or potential taxpayer employs both home-based employees and employees who are not home-based employees in a project, the taxpayer shall submit separate applications for separate tax credit agreements for the project, one of which shall include home-based employees in the computation of Ohio employee payroll and one of which shall include all other employees in the computation of Ohio employee payroll. The director of development services shall prescribe the form of the application. After receipt of an application, the authority may enter into an agreement with the taxpayer for a credit under this section if it determines all of the following: (a) The taxpayer's project will increase payroll; (b) The taxpayer's project is economically sound and will benefit the people of this state by increasing opportunities for employment and strengthening the economy of this state; (c) Receiving the tax credit is a major factor in the taxpayer's decision to go forward with the project. (2)(a) A taxpayer that chooses to begin the project prior to receiving the determination of the authority may, upon submitting the taxpayer's application to the authority, request that the chief investment officer of the nonprofit corporation formed under section 187.01 of the Revised Code and the director review the taxpayer's application and recommend to the authority that the taxpayer's application be considered. As soon as possible after receiving such a request, the chief investment officer and the director shall review the taxpayer's application and, if they determine that the application warrants consideration by the authority, make that recommendation to the authority not later than six months after the application is received by the authority. (b) The authority shall consider any taxpayer's application for which it receives a recommendation under division (C)(2)(a) of this section. If the authority determines that the taxpayer does not meet all of the criteria set forth in division (C)(1) of this section, the authority and the department of development services agency shall proceed in accordance with rules adopted by the director pursuant to division (I) of this section. Am. Sub. H. B. No. 110 134th G.A. 125 (D) An agreement under this section shall include all of the following: (1) A detailed description of the project that is the subject of the agreement; (2)(a) The term of the tax credit, which, except as provided in division (D)(2)(b) or (C) of this section, shall not exceed fifteen years, and the first taxable year, or first calendar year that includes a tax period, for which the credit may be claimed; (b) If the tax credit is computed on the basis of home-based employees, the term of the credit shall expire on or before the last day of the taxable or calendar year ending before the beginning of the seventh year after September 6, 2012, the effective date of H.B. 327 of the 129th general assembly. (c) If the taxpayer is a megaproject operator or a megaproject supplier, the term of the tax credit shall not exceed thirty years. (3) A requirement that the taxpayer shall maintain operations at the project location for at least the greater of seven years or the term of the credit plus three years; (4) The percentage, as determined by the tax credit authority, of excess payroll that will be allowed as the amount of the credit for each taxable year or for each calendar year that includes a tax period; (5) The pay increase factor to be applied to the taxpayer's baseline payroll; (6) A requirement that the taxpayer annually shall report to the director of development services full-time equivalent employees, payroll, Ohio employee payroll, investment, the provision of health care benefits and tuition reimbursement if required in the agreement, and other information the director needs to perform the director's duties under this section; (7) A requirement that the director of development services annually review the information reported under division (D)(6) of this section and verify compliance with the agreement; if the taxpayer is in compliance, a requirement that the director issue a certificate to the taxpayer stating that the information has been verified and identifying the amount of the credit that may be claimed for the taxable or calendar year;. If the taxpayer is a megaproject supplier, the director shall issue such a certificate to the supplier and to any megaproject operator (a) to which the supplier directly sells tangible personal property and (b) that is authorized to claim the credit pursuant to division (D)(10) of this section. (8) A provision providing that the taxpayer may not relocate a substantial number of employment positions from elsewhere in this state to the project location unless the director of development services determines Am. Sub. H. B. No. 110 134th G.A. 126 that the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated has been notified by the taxpayer of the relocation. For purposes of this section, the movement of an employment position from one political subdivision to another political subdivision shall be considered a relocation of an employment position unless the employment position in the first political subdivision is replaced. The movement of a qualifying work-from-home employee to a different residence located in this state or to the project location shall not be considered a relocation of an employment position. (9) If the tax credit is computed on the basis of home-based employees, that the tax credit may not be claimed by the taxpayer until the taxable year or tax period in which the taxpayer employs at least two hundred employees more than the number of employees the taxpayer employed on June 30, 2011; (10) If the taxpayer is a megaproject supplier, the percentage of the annual tax credit certified under division (D)(7) of this section, up to one hundred per cent, that may be claimed by each megaproject operator to which the supplier directly sells tangible personal property, rather than by that supplier, on the condition that the megaproject operator continues to qualify as a megaproject operator; (11) If the taxpayer is a megaproject operator or megaproject supplier, a requirement that the taxpayer continue to qualify as a megaproject operator or megaproject supplier, respectively, until the end of the last year for which the taxpayer qualifies for the credit authorized under this section. (E) If a taxpayer fails to meet or comply with any condition or requirement set forth in a tax credit agreement, the tax credit authority may amend the agreement to reduce the percentage or term of the tax credit. The reduction of the percentage or term may take effect in the current taxable or calendar year. (F) Projects that consist solely of point-of-final-purchase retail facilities are not eligible for a tax credit under this section. If a project consists of both point-of-final-purchase retail facilities and nonretail facilities, only the portion of the project consisting of the nonretail facilities is eligible for a tax credit and only the excess payroll from the nonretail facilities shall be considered when computing the amount of the tax credit. If a warehouse facility is part of a point-of-final-purchase retail facility and supplies only that facility, the warehouse facility is not eligible for a tax credit. Catalog distribution centers are not considered point-of-final-purchase retail facilities for the purposes of this division, and are eligible for tax credits Am. Sub. H. B. No. 110 134th G.A. 127 under this section. (G) Financial statements and other information submitted to the department of development services agency or the tax credit authority by an applicant or recipient of a tax credit under this section, and any information taken for any purpose from such statements or information, are not public records subject to section 149.43 of the Revised Code. However, the chairperson of the authority may make use of the statements and other information for purposes of issuing public reports or in connection with court proceedings concerning tax credit agreements under this section. Upon the request of the tax commissioner or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of the authority shall provide to the commissioner or superintendent any statement or information submitted by an applicant or recipient of a tax credit in connection with the credit. The commissioner or superintendent shall preserve the confidentiality of the statement or information. (H) A taxpayer claiming a credit under this section shall submit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director of development services' development's certificate of verification under division (D)(7) of this section with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. Failure to submit a copy of the certificate with the report or return does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate to the commissioner or superintendent within the time prescribed by section 5703.0510 of the Revised Code or within thirty days after the commissioner or superintendent requests it. (I) The director of development services, after consultation with the tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section, including rules that establish a procedure to be followed by the tax credit authority and the department of development services agency in the event the authority considers a taxpayer's application for which it receives a recommendation under division (C)(2)(a) of this section but does not approve it. The rules may provide for recipients of tax credits under this section to be charged fees to cover administrative costs of the tax credit program. For the purposes of these rules, a qualifying work-from-home employee shall be considered to be an employee employed at the applicant's project location. The fees collected shall be credited to the tax incentives operating fund created in section 122.174 of the Revised Code. At the time Am. Sub. H. B. No. 110 134th G.A. 128 the director gives public notice under division (A) of section 119.03 of the Revised Code of the adoption of the rules, the director shall submit copies of the proposed rules to the chairpersons of the standing committees on economic development in the senate and the house of representatives. (J) For the purposes of this section, a taxpayer may include a partnership, a corporation that has made an election under subchapter S of chapter one of subtitle A of the Internal Revenue Code, or any other business entity through which income flows as a distributive share to its owners. A partnership, S-corporation, or other such business entity may elect to pass the credit received under this section through to the persons to whom the income or profit of the partnership, S-corporation, or other entity is distributed. The election shall be made on the annual report required under division (D)(6) of this section. The election applies to and is irrevocable for the credit for which the report is submitted. If the election is made, the credit shall be apportioned among those persons in the same proportions as those in which the income or profit is distributed. (K)(1) If the director of development services determines that a taxpayer who has received a credit under this section is not complying with the requirements of the agreement, the director shall notify the tax credit authority of the noncompliance. After receiving such a notice, and after giving the taxpayer an opportunity to explain the noncompliance, the tax credit authority may require the taxpayer to refund to this state a portion of the credit in accordance with the following: (a) If the taxpayer fails to comply with the requirement under division (D)(3) of this section, an amount determined in accordance with the following: (i) If the taxpayer maintained operations at the project location for a period less than or equal to the term of the credit, an amount not exceeding one hundred per cent of the sum of any credits allowed and received under this section; (ii) If the taxpayer maintained operations at the project location for a period longer than the term of the credit, but less than the greater of seven years or the term of the credit plus three years, an amount not exceeding seventy-five per cent of the sum of any credits allowed and received under this section. (b) If, on the metric evaluation date, the taxpayer fails to substantially meet the job creation, payroll, or investment requirements included in the agreement, an amount determined at the discretion of the authority; (c) If the taxpayer fails to substantially maintain the number of new full-time equivalent employees or amount of payroll required under the Am. Sub. H. B. No. 110 134th G.A. 129 agreement at any time during the term of the agreement after the metric evaluation date, an amount determined at the discretion of the authority. (2) If a taxpayer files for bankruptcy and fails as described in division (K)(1)(a), (b), or (c) of this section, the director may immediately commence an action to recoup an amount not exceeding one hundred per cent of the sum of any credits received by the taxpayer under this section. (3) In determining the portion of the tax credit to be refunded to this state, the tax credit authority shall consider the effect of market conditions on the taxpayer's project and whether the taxpayer continues to maintain other operations in this state. After making the determination, the authority shall certify the amount to be refunded to the tax commissioner or superintendent of insurance, as appropriate. If the amount is certified to the commissioner, the commissioner shall make an assessment for that amount against the taxpayer under Chapter 5726., 5733., 5736., 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The time limitations on assessments under those chapters do not apply to an assessment under this division, but the commissioner or superintendent, as appropriate, shall make the assessment within one year after the date the authority certifies to the commissioner or superintendent the amount to be refunded. (L) On or before the first day of August each year, the director of development services shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the tax credit program under this section. The report shall include information on the number of agreements that were entered into under this section during the preceding calendar year, a description of the project that is the subject of each such agreement, and an update on the status of projects under agreements entered into before the preceding calendar year. (M) There is hereby created the tax credit authority, which consists of the director of development services and four other members appointed as follows: the governor, the president of the senate, and the speaker of the house of representatives each shall appoint one member who shall be a specialist in economic development; the governor also shall appoint a member who is a specialist in taxation. Terms of office shall be for four years. Each member shall serve on the authority until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's Am. Sub. H. B. No. 110 134th G.A. 130 predecessor was appointed shall hold office for the remainder of that term. Members may be reappointed to the authority. Members of the authority shall receive their necessary and actual expenses while engaged in the business of the authority. The director of development services shall serve as chairperson of the authority, and the members annually shall elect a vice-chairperson from among themselves. Three members of the authority constitute a quorum to transact and vote on the business of the authority. The majority vote of the membership of the authority is necessary to approve any such business, including the election of the vice-chairperson. The director of development services may appoint a professional employee of the department of development services agency to serve as the director's substitute at a meeting of the authority. The director shall make the appointment in writing. In the absence of the director from a meeting of the authority, the appointed substitute shall serve as chairperson. In the absence of both the director and the director's substitute from a meeting, the vice-chairperson shall serve as chairperson. (N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance. (O) On or before the first day of March of each of the five calendar years beginning with 2014, each taxpayer subject to an agreement with the tax credit authority under this section on the basis of home-based employees shall report the number of home-based employees and other employees employed by the taxpayer in this state to the department of development services agency. (P) On or before the first day of January of 2019, the director of development services shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the effect of agreements entered into under this section in which the taxpayer included home-based employees in the computation of income tax revenue, as that term was defined in this section prior to the amendment of this section by H.B. 64 of the 131st general assembly. The report shall include information on the number of such agreements that were entered into in the preceding six years, a description of the projects that were the subjects of such agreements, and an analysis of nationwide home-based employment trends, including the number of home-based jobs created from July 1, 2011, through June 30, 2017, and a description of any home-based employment tax incentives provided by other states during that time. (Q) The director of development services may require any agreement Am. Sub. H. B. No. 110 134th G.A. 131 entered into under this section for a tax credit computed on the basis of home-based employees to contain a provision that the taxpayer makes available health care benefits and tuition reimbursement to all employees. (R) Original agreements approved by the tax credit authority under this section in 2014 or 2015 before September 29, 2015, may be revised at the request of the taxpayer to conform with the amendments to this section and sections 5733.0610, 5736.50, 5747.058, and 5751.50 of the Revised Code by H.B. 64 of the 131st general assembly, upon mutual agreement of the taxpayer and the department of development services agency, and approval by the tax credit authority. (S)(1) As used in division (S) of this section: (a) "Eligible agreement" means an agreement approved by the tax credit authority under this section on or before December 31, 2013. (b) "Reporting period" means a period corresponding to the annual report required under division (D)(6) of this section. (c) "Income tax revenue" has the same meaning as under this section as it existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly. (2) In calendar year 2016 and thereafter, the tax credit authority shall annually determine a withholding adjustment factor to be used in the computation of income tax revenue for eligible agreements. The withholding adjustment factor shall be a numerical percentage that equals the percentage that employer income tax withholding rates have been increased or decreased as a result of changes in the income tax rates prescribed by section 5747.02 of the Revised Code by amendment of that section taking effect on or after June 29, 2013. (3) Except as provided in division (S)(4) of this section, for reporting periods ending in 2015 and thereafter for taxpayers subject to eligible agreements, the tax credit authority shall adjust the income tax revenue reported on the taxpayer's annual report by multiplying the withholding adjustment factor by the taxpayer's income tax revenue and doing one of the following: (a) If the income tax rates prescribed by section 5747.02 of the Revised Code have decreased by amendment of that section taking effect on or after June 29, 2013, add the product to the taxpayer's income tax revenue. (b) If the income tax rates prescribed by section 5747.02 of the Revised Code have increased by amendment of that section taking effect on or after June 29, 2013, subtract the product from the taxpayer's income tax revenue. (4) Division (S)(3) of this section shall not apply unless all of the following apply for the reporting period with respect to the eligible Am. Sub. H. B. No. 110 134th G.A. 132 agreement: (a) The taxpayer has achieved one hundred per cent of the new employment commitment identified in the agreement. (b) If applicable, the taxpayer has achieved one hundred per cent of the new payroll commitment identified in the agreement. (c) If applicable, the taxpayer has achieved one hundred per cent of the investment commitment identified in the agreement. (5) Failure by a taxpayer to have achieved any of the applicable commitments described in divisions (S)(4)(a) to (c) of this section in a reporting period does not disqualify the taxpayer for the adjustment under division (S) of this section for an ensuing reporting period. (T) For reporting periods ending in calendar year 2020 or thereafter, any taxpayer may include qualifying work-from-home employees in its report required under division (D)(6) of this section, and the compensation of such employees shall qualify as Ohio employee payroll under division (A)(3)(a) of this section, even if the taxpayer's application to the tax credit authority to enter into an agreement for a tax credit under this section was approved before September 29, 2017, the effective date of the amendment of this section by H.B. 49 of the 132nd general assembly. (U) The director of development services shall notify the tax commissioner if the director determines that a megaproject operator or megaproject supplier is not in compliance with the agreement pursuant to a review conducted under division (D)(7) of this section. (V) Beginning in 2025 and in each fifth calendar year thereafter, the tax commissioner shall adjust the following amounts in September of that year: (1) The fixed-asset investment threshold described in division (A)(11)(c)(i) of this section and the Ohio employee payroll threshold described in division (A)(11)(c)(ii) of this section by completing the following calculations: (a) Determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the United States department of commerce from the first day of January of the fifth preceding calendar year to the last day of December of the preceding calendar year; (b) Multiply that percentage increase by the fixed-asset investment threshold and the Ohio employee payroll threshold for the current year; (c) Add the resulting products to the corresponding fixed-asset investment threshold and Ohio employee payroll threshold for the current year; (d) Round the resulting fixed-asset investment sum to the nearest multiple of ten million dollars and the Ohio employee payroll sum to the Am. Sub. H. B. No. 110 134th G.A. 133 nearest multiple of one million dollars. (2) The fixed-asset investment threshold described in division (A)(13)(a)(i) of this section and the Ohio employee payroll threshold described in division (A)(13)(a)(ii) of this section by completing the calculations described in divisions (V)(1)(a) to (c) of this section and rounding the resulting fixed-asset investment sum to the nearest multiple of one million dollars and the Ohio employee payroll sum to the nearest multiple of one hundred thousand dollars. The commissioner shall certify the amount of the adjustments under divisions (V)(1) and (2) of this section to the director of development services and to the tax credit authority not later than the first day of December of the year the commissioner computes the adjustment. Each certified amount applies to the ensuing calendar year and each calendar year thereafter until the tax commissioner makes a new adjustment. The tax commissioner shall not calculate a new adjustment in any year in which the resulting amount from the adjustment would be less than the corresponding amount for the current year. Sec. 122.171. (A) As used in this section: (1) "Capital investment project" means a plan of investment at a project site for the acquisition, construction, renovation, or repair of buildings, machinery, or equipment, or for capitalized costs of basic research and new product development determined in accordance with generally accepted accounting principles, but does not include any of the following: (a) Payments made for the acquisition of personal property through operating leases; (b) Project costs paid before January 1, 2002; (c) Payments made to a related member as defined in section 5733.042 of the Revised Code or to a consolidated elected taxpayer or a combined taxpayer as defined in section 5751.01 of the Revised Code. (2) "Eligible business" means a taxpayer and its related members with Ohio operations that had a capital investment project reviewed and approved by the tax credit authority as provided in divisions (C), (D), and (E) of this section and that satisfies either of the following requirements: (a) If engaged at the project site primarily in significant corporate administrative functions, as defined by the director of development services by rule, the taxpayer meets both of the following criteria: (i) The taxpayer either is located in a foreign trade zone, employs at least five hundred full-time equivalent employees, or has an annual Ohio employee payroll of at least thirty-five million dollars at the time the tax credit authority grants the tax credit under this section; Am. Sub. H. B. No. 110 134th G.A. 134 (ii) The taxpayer makes or causes to be made payments for the capital investment project of at least twenty million dollars in the aggregate at the project site during a period of three consecutive calendar years including the calendar year that includes a day of the taxpayer's taxable year or tax period with respect to which the credit is granted. (b) If engaged at the project site primarily as a manufacturer, the taxpayer makes or causes to be made payments for the capital investment project at the project site during a period of three consecutive calendar years, including the calendar year that includes a day of the taxpayer's taxable year or tax period with respect to which the credit is granted, in an amount that in the aggregate equals or exceeds the lesser of the following: (i) Fifty million dollars; (ii) Five per cent of the net book value of all tangible personal property used at the project site as of the last day of the three-year period in which the capital investment payments are made. (3) "Full-time equivalent employees" means the quotient obtained by dividing the total number of hours for which employees were compensated for employment in the project by two thousand eighty. "Full-time equivalent employees" shall exclude hours that are counted for a credit under section 122.17 of the Revised Code. (4) "Ohio employee payroll" has the same meaning as in section 122.17 of the Revised Code. (5) "Manufacturer" has the same meaning as in section 5739.011 of the Revised Code. (6) "Project site" means an integrated complex of facilities in this state, as specified by the tax credit authority under this section, within a fifteen-mile radius where a taxpayer is primarily operating as an eligible business. (7) "Related member" has the same meaning as in section 5733.042 of the Revised Code as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997. (8) "Taxable year" includes, in the case of a domestic or foreign insurance company, the calendar year ending on the thirty-first day of December preceding the day the superintendent of insurance is required to certify to the treasurer of state under section 5725.20 or 5729.05 of the Revised Code the amount of taxes due from insurance companies. (9) "Foreign trade zone" means a general purpose foreign trade zone or a special purpose subzone for which, pursuant to 19 U.S.C. 81a, as amended, a permit for foreign trade zone status has been granted and Am. Sub. H. B. No. 110 134th G.A. 135 remains active, including special purpose subzones for which a permit has been granted and remains active. (B) The tax credit authority created under section 122.17 of the Revised Code may grant a nonrefundable tax credit to an eligible business under this section for the purpose of fostering job retention in this state. Upon application by an eligible business and upon consideration of the determination of the director of budget and management, tax commissioner, and the superintendent of insurance in the case of an insurance company, and the recommendation and determination of the director of development services under division (C)(1) of this section, and a review of the criteria described in division (C)(2) of this section, the tax credit authority may grant the credit against the tax imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, 5747.02, or 5751.02 of the Revised Code. The credit authorized in this section may be granted for a period up to fifteen taxable years or, in the case of the tax levied by section 5736.02 or 5751.02 of the Revised Code, for a period of up to fifteen calendar years. The credit amount for a taxable year or a calendar year that includes the tax period for which a credit may be claimed equals the Ohio employee payroll for that year multiplied by the percentage specified in the agreement with the tax credit authority. The credit shall be claimed in the order required under section 5725.98, 5726.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the Revised Code. In determining the percentage and term of the credit, the tax credit authority shall consider both the number of full-time equivalent employees and the value of the capital investment project. The credit amount may not be based on the Ohio employee payroll for a calendar year before the calendar year in which the tax credit authority specifies the tax credit is to begin, and the credit shall be claimed only for the taxable years or tax periods specified in the eligible business' agreement with the tax credit authority. In no event shall the credit be claimed for a taxable year or tax period terminating before the date specified in the agreement. If a credit allowed under this section for a taxable year or tax period exceeds the taxpayer's tax liability for that year or period, the excess may be carried forward for the three succeeding taxable or calendar years, but the amount of any excess credit allowed in any taxable year or tax period shall be deducted from the balance carried forward to the succeeding year or period. (C)(1) A taxpayer that proposes a capital investment project to retain jobs in this state may apply to the tax credit authority to enter into an agreement for a tax credit under this section. The director of development services shall prescribe the form of the application. After receipt of an Am. Sub. H. B. No. 110 134th G.A. 136 application, the authority shall forward copies of the application to the director of budget and management, the tax commissioner, and the superintendent of insurance in the case of an insurance company, each of whom shall review the application to determine the economic impact the proposed project would have on the state and the affected political subdivisions and shall submit a summary of their determinations to the authority. The authority shall also forward a copy of the application to the director of development services, who shall review the application to determine the economic impact the proposed project would have on the state and the affected political subdivisions and shall submit a summary of the director's determinations and recommendations to the authority. (2) The director of development, in reviewing applications and making recommendations to the tax credit authority, and the authority, in selecting taxpayers with which to enter into an agreement under division (D) of this section, shall give priority to applications that meet one or more of the following criteria, with greater priority given to applications that meet more of the criteria: (a) Within the preceding five years, the applicant has not received a credit under this section or section 122.17 of the Revised Code for a project at the same project site as that proposed in the application. (b) The applicant is not currently receiving a credit under this section or section 122.17 of the Revised Code. (c) The applicant has operated at the project site for at least the preceding ten years. (d) The project involves a significant upgrade of the project site, rather than only routine maintenance of existing facilities, such as an increase in capacity of a facility, new product development, or technology upgrades or other facility modernization. (e) The applicant intends to use machinery, equipment, and materials supplied by Ohio businesses in the project when possible. (D) Upon review and consideration of the determinations and, recommendations, and criteria described in division (C) of this section, the tax credit authority may enter into an agreement with the taxpayer for a credit under this section if the authority determines all of the following: (1) The taxpayer's capital investment project will result in the retention of employment in this state. (2) The taxpayer is economically sound and has the ability to complete the proposed capital investment project. (3) The taxpayer intends to and has the ability to maintain operations at the project site for at least the greater of (a) the term of the credit plus three Am. Sub. H. B. No. 110 134th G.A. 137 years, or (b) seven years. (4) Receiving the credit is a major factor in the taxpayer's decision to begin, continue with, or complete the project. (E) An agreement under this section shall include all of the following: (1) A detailed description of the project that is the subject of the agreement, including the amount of the investment, the period over which the investment has been or is being made, the number of full-time equivalent employees at the project site, and the anticipated Ohio employee payroll to be generated. (2) The term of the credit, the percentage of the tax credit, the maximum annual value of tax credits that may be allowed each year, and the first year for which the credit may be claimed. (3) A requirement that the taxpayer maintain operations at the project site for at least the greater of (a) the term of the credit plus three years, or (b) seven years. (4)(a) If the taxpayer is engaged at the project site primarily in significant corporate administrative functions, a requirement that the taxpayer either retain at least five hundred full-time equivalent employees at the project site and within this state for the entire term of the credit, maintain an annual Ohio employee payroll of at least thirty-five million dollars for the entire term of the credit, or remain located in a foreign trade zone for the entire term of the credit; (b) If the taxpayer is engaged at the project site primarily as a manufacturer, a requirement that the taxpayer maintain at least the number of full-time equivalent employees specified in the agreement pursuant to division (E)(1) of this section at the project site and within this state for the entire term of the credit. (5) A requirement that the taxpayer annually report to the director of development services full-time equivalent employees, Ohio employee payroll, capital investment, and other information the director needs to perform the director's duties under this section. (6) A requirement that the director of development services annually review the annual reports of the taxpayer to verify the information reported under division (E)(5) of this section and compliance with the agreement. Upon verification, the director shall issue a certificate to the taxpayer stating that the information has been verified and identifying the amount of the credit for the taxable year or calendar year that includes the tax period. In determining the number of full-time equivalent employees, no position shall be counted that is filled by an employee who is included in the calculation of a tax credit under section 122.17 of the Revised Code. Am. Sub. H. B. No. 110 134th G.A. 138 (7) A provision providing that the taxpayer may not relocate a substantial number of employment positions from elsewhere in this state to the project site unless the director of development services determines that the taxpayer notified the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated. For purposes of this section, the movement of an employment position from one political subdivision to another political subdivision shall be considered a relocation of an employment position unless the movement is confined to the project site. The transfer of an employment position from one political subdivision to another political subdivision shall not be considered a relocation of an employment position if the employment position in the first political subdivision is replaced by another employment position. (8) A waiver by the taxpayer of any limitations periods relating to assessments or adjustments resulting from the taxpayer's failure to comply with the agreement. (F) If a taxpayer fails to meet or comply with any condition or requirement set forth in a tax credit agreement, the tax credit authority may amend the agreement to reduce the percentage or term of the credit. The reduction of the percentage or term may take effect in the current taxable or calendar year. (G) Financial statements and other information submitted to the department of development services or the tax credit authority by an applicant for or recipient of a tax credit under this section, and any information taken for any purpose from such statements or information, are not public records subject to section 149.43 of the Revised Code. However, the chairperson of the authority may make use of the statements and other information for purposes of issuing public reports or in connection with court proceedings concerning tax credit agreements under this section. Upon the request of the tax commissioner, or the superintendent of insurance in the case of an insurance company, the chairperson of the authority shall provide to the commissioner or superintendent any statement or other information submitted by an applicant for or recipient of a tax credit in connection with the credit. The commissioner or superintendent shall preserve the confidentiality of the statement or other information. (H) A taxpayer claiming a tax credit under this section shall submit to the tax commissioner or, in the case of an insurance company, to the superintendent of insurance, a copy of the director of development services' development's certificate of verification under division (E)(6) of this section Am. Sub. H. B. No. 110 134th G.A. 139 with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. Failure to submit a copy of the certificate with the report or return does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate to the commissioner or superintendent within the time prescribed by section 5703.0510 of the Revised Code or within thirty days after the commissioner or superintendent requests it. (I) For the purposes of this section, a taxpayer may include a partnership, a corporation that has made an election under subchapter S of chapter one of subtitle A of the Internal Revenue Code, or any other business entity through which income flows as a distributive share to its owners. A partnership, S-corporation, or other such business entity may elect to pass the credit received under this section through to the persons to whom the income or profit of the partnership, S-corporation, or other entity is distributed. The election shall be made on the annual report required under division (E)(5) of this section. The election applies to and is irrevocable for the credit for which the report is submitted. If the election is made, the credit shall be apportioned among those persons in the same proportions as those in which the income or profit is distributed. (J)(1) If the director of development services determines that a taxpayer that received a certificate under division (E)(6) of this section is not complying with the requirements of the agreement, the director shall notify the tax credit authority of the noncompliance. After receiving such a notice, and after giving the taxpayer an opportunity to explain the noncompliance, the authority may terminate the agreement and require the taxpayer, or any related member or members that claimed the tax credit under division (N) of this section, to refund to the state all or a portion of the credit claimed in previous years, as follows: (a) If the taxpayer fails to comply with the requirement under division (E)(3) of this section, an amount determined in accordance with the following: (i) If the taxpayer maintained operations at the project site for less than or equal to the term of the credit, an amount not to exceed one hundred per cent of the sum of any tax credits allowed and received under this section. (ii) If the taxpayer maintained operations at the project site longer than the term of the credit, but less than the greater of seven years or the term of the credit plus three years, the amount required to be refunded shall not exceed seventy-five per cent of the sum of any tax credits allowed and received under this section. (b) If the taxpayer fails to substantially, satisfy the employment, payroll, Am. Sub. H. B. No. 110 134th G.A. 140 or location requirements required under the agreement, as prescribed under division (E)(4)(a) or (b), as applicable to the taxpayer, at any time during the term of the agreement or during the post-term reporting period, an amount determined at the discretion of the authority. (2) If a taxpayer files for bankruptcy and fails as described in division (J)(1)(a) or (b) of this section, the director may immediately commence an action to recoup an amount not exceeding one hundred per cent of the sum of any credits received by the taxpayer under this section. (3) In determining the portion of the credit to be refunded to this state, the authority shall consider the effect of market conditions on the taxpayer's project and whether the taxpayer continues to maintain other operations in this state. After making the determination, the authority shall certify the amount to be refunded to the tax commissioner or the superintendent of insurance. If the taxpayer, or any related member or members who claimed the tax credit under division (N) of this section, is not an insurance company, the commissioner shall make an assessment for that amount against the taxpayer under Chapter 5726., 5733., 5736., 5747., or 5751. of the Revised Code. If the taxpayer, or any related member or members that claimed the tax credit under division (N) of this section, is an insurance company, the superintendent of insurance shall make an assessment under section 5725.222 or 5729.102 of the Revised Code. The time limitations on assessments under those chapters and sections do not apply to an assessment under this division, but the commissioner or superintendent shall make the assessment within one year after the date the authority certifies to the commissioner or superintendent the amount to be refunded. (K) The director of development services, after consultation with the tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section. The rules may provide for recipients of tax credits under this section to be charged fees to cover administrative costs of the tax credit program. The fees collected shall be credited to the tax incentives operating fund created in section 122.174 of the Revised Code. At the time the director gives public notice under division (A) of section 119.03 of the Revised Code of the adoption of the rules, the director shall submit copies of the proposed rules to the chairpersons of the standing committees on economic development in the senate and the house of representatives. (L) On or before the first day of August of each year, the director of development services shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the tax credit program under this section. The report shall include information on the Am. Sub. H. B. No. 110 134th G.A. 141 number of agreements that were entered into under this section during the preceding calendar year, a description of the project that is the subject of each such agreement, and an update on the status of projects under agreements entered into before the preceding calendar year. (M) The aggregate amount of nonrefundable tax credits issued under this section during any calendar year for capital investment projects reviewed and approved by the tax credit authority may not exceed the following amounts: (1) For 2010, thirteen million dollars; (2) For 2011 through 2023, the amount of the limit for the preceding calendar year plus thirteen million dollars; (3) For 2024 and each year thereafter, one hundred ninety-five million dollars. The limitations in division (M) of this section do not apply to credits for capital investment projects approved by the tax credit authority before July 1, 2009. (N) This division applies only to an eligible business that is part of an affiliated group that includes a diversified savings and loan holding company or a grandfathered unitary savings and loan holding company, as those terms are defined in section 5726.01 of the Revised Code. Notwithstanding any contrary provision of the agreement between such an eligible business and the tax credit authority, any credit granted under this section against the tax imposed by section 5725.18, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code to the eligible business, at the election of the eligible business and without any action by the tax credit authority, may be shared with any member or members of the affiliated group that includes the eligible business, which member or members may claim the credit against the taxes imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code. Credits shall be claimed by the eligible business in sequential order, as applicable, first claiming the credits to the fullest extent possible against the tax that the certificate holder is subject to, then against the tax imposed by, sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and lastly 5726.02 of the Revised Code. The credits may be allocated among the members of the affiliated group in such manner as the eligible business elects, but subject to the sequential order required under this division. This division applies to credits granted before, on, or after March 27, 2013, the effective date of H.B. 510 of the 129th general assembly. Credits granted before that effective date that are shared and allocated under this division may be claimed in those calendar years in which the remaining taxable years Am. Sub. H. B. No. 110 134th G.A. 142 specified in the agreement end. As used in this division, "affiliated group" means a group of two or more persons with fifty per cent or greater of the value of each person's ownership interests owned or controlled directly, indirectly, or constructively through related interests by common owners during all or any portion of the taxable year, and the common owners. "Affiliated group" includes, but is not limited to, any person eligible to be included in a consolidated elected taxpayer group under section 5751.011 of the Revised Code or a combined taxpayer group under section 5751.012 of the Revised Code. (O)(1) As used in division (O) of this section: (a) "Eligible agreement" means an agreement approved by the tax credit authority under this section on or before December 31, 2013. (b) "Reporting period" means a period corresponding to the annual report required under division (E)(5) of this section. (c) "Income tax revenue" has the same meaning as under division (S) of section 122.17 of the Revised Code. (2) In calendar year 2016 and thereafter, the tax credit authority shall annually determine a withholding adjustment factor to be used in the computation of income tax revenue for eligible agreements. The withholding adjustment factor shall be a numerical percentage that equals the percentage that employer income tax withholding rates have been increased or decreased as a result of changes in the income tax rates prescribed by section 5747.02 of the Revised Code by amendment of that section taking effect on or after June 29, 2013. (3) Except as provided in division (O)(4) of this section, for reporting periods ending in 2015 and thereafter for taxpayers subject to eligible agreements, the tax credit authority shall adjust the income tax revenue reported on the taxpayer's annual report by multiplying the withholding adjustment factor by the taxpayer's income tax revenue and doing one of the following: (a) If the income tax rates prescribed by section 5747.02 of the Revised Code have decreased by amendment of this section taking effect on or after June 29, 2013, add the product to the taxpayer's income tax revenue. (b) If the income tax rates prescribed by section 5747.02 of the Revised Code have increased by amendment of this section taking effect on or after June 29, 2013, subtract the product from the taxpayer's income tax revenue. (4) Division (O)(3) of this section shall not apply unless all of the following apply with respect to the eligible agreement: (a) If applicable, the taxpayer has achieved one hundred per cent of the Am. Sub. H. B. No. 110 134th G.A. 143 job retention commitment identified in the agreement. (b) If applicable, the taxpayer has achieved one hundred per cent of the payroll retention commitment identified in the agreement." (c) If applicable, the taxpayer has achieved one hundred per cent of the investment commitment identified in the agreement. (5) Failure by a taxpayer to have achieved any of the applicable commitments described in divisions (O)(4)(a) to (c) of this section in a reporting period does not disqualify the taxpayer for the adjustment under division (O) of this section for an ensuing reporting period. Sec. 122.178. (A) As used in this section, "microcredential" means an industry-recognized credential or certificate that an applicant may complete in not more than one year and that is approved by the chancellor of higher education. (B) There is hereby created the TechCred program to reimburse employers from appropriations made for that purpose for training costs for prospective and incumbent employees to earn a microcredential. The department of development services agency, in consultation with the governor's office of workforce transformation and the department of higher education, shall develop the program. (C)(1) An employer seeking to participate in the program shall submit an application to the director of development services during an application period established by the director. The employer shall include in the application all of the following information: (a) Proof that the employer is registered to do business in this state; (b) Proof that the employer is current on all tax obligations to the state; (c) Proof that the employer is in compliance with all environmental regulations applicable to the employer; (d) The name of the training provider from which a prospective or incumbent employee will receive the training and earn the microcredential; (e) The cost of the training; (f) The positions for which earning the microcredential will make a prospective or incumbent employee qualified or the occupational skill set that the prospective or incumbent employee will acquire on completing the training; (g) The address of the facility or location at which the prospective or incumbent employee is expected to be employed after completing the training; (h) Any other information the director requires. (2) In addition to the information required under division (C)(1) of this section, an employer seeking to participate in the program also may submit Am. Sub. H. B. No. 110 134th G.A. 144 any of the following information the employer wishes to provide to the director: (a) The estimated wage after completing the training and earning the microcredential; (b) The employer's certification as a minority business enterprise under section 123.151 122.921 of the Revised Code or certification as an EDGE business enterprise under section 123.152 122.922 of the Revised Code if applicable; (c) The demographic information of the employer, including race and gender; (d) Any demographic information of a prospective or incumbent employee that the employee provides to the employer, including race and gender; (e) Any other information the employer wishes to provide to the director. (D)(1) The director shall consider all applications submitted during an application period after the application period ends. The director shall consider the following factors in determining whether to approve an application: (a) The duration of the training program; (b) The cost of the training; (c) A prospective or incumbent employee's estimated wage after completing the training and earning the microcredential; (d) Whether approving an application will promote regional diversity in apportioning reimbursements uniformly across the state; (e) Any other factors the director considers relevant in determining whether to approve an application. (2) The chancellor of higher education shall establish a list of approved microcredentials. The director shall not approve an application submitted under division (C) of this section unless the microcredentials identified in the application are included in the chancellor's list. Not later than ninety days after the effective date of this section April 14, 2020, the director shall create a list of training providers that offer a microcredential included in the chancellor's list. Thereafter, the director shall annually update the list of training providers. (3) If the director approves an employer's application for participation in the program, the approval is valid as long as the employer maintains accurate application information under division (C)(1) of this section with the director. The employer shall submit the updated information to the director at the beginning of the third fiscal year the employer participates in Am. Sub. H. B. No. 110 134th G.A. 145 the program and every other subsequent fiscal year thereafter. (4) The director shall not approve an application for participation in the program if the employer has violated Chapter 4111. of the Revised Code within the four fiscal years immediately preceding the date of application. (E)(1) Each participating employer seeking reimbursement for training costs for a prospective or incumbent employee shall submit an application to the director that includes all of the following information for each prospective or incumbent employee: (a) The prospective or incumbent employee's name and position, if applicable, at the time of submitting the application; (b) The actual amount the employer paid to the training provider for the training; (c) Evidence that the prospective or incumbent employee earned a microcredential; (d) Evidence that the prospective or incumbent employee is a resident of this state. (2) The amount of the reimbursement shall be not more than two thousand dollars for each microcredential a prospective or incumbent employee receives. (F) No participating employer shall require a prospective or incumbent employee who receives a microcredential because the employer participated in and received a reimbursement through the employer's participation in the TechCred program to accept or continue employment with the employer. (G) For the purposes of determining regional diversity under this section, the following constitute the regions of the state: (1) The counties of Allen, Crawford, Defiance, Fulton, Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Wood, and Wyandot are one region; (2) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne are one region; (3) The counties of Auglaize, Champaign, Clark, Clinton, Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and Shelby are one region; (4) The counties of Delaware, Fairfield, Franklin, Knox, Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union are one region; (5) The counties of Adams, Athens, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Pike, Ross, Scioto, and Vinton are one region; (6) The counties of Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Monroe, Morgan, Muskingum, Noble, Perry, and Am. Sub. H. B. No. 110 134th G.A. 146 Washington are one region; (7) The counties of Brown, Butler, Clermont, Hamilton, and Warren are one region. (H)(1) The director shall do both of the following regarding the operation of the program: (a) Create an application to participate in the program and an application for reimbursement; (b) Create an internet web site with the applications for and information regarding the program created in this section. (2) The governor's office of workforce transformation shall include on the office's internet web site either of the following: (a) The applications for and information regarding the program created in this section; (b) An internet link to the internet web site created under division (H)(1)(b) of this section. (I) The director may adopt rules in accordance with Chapter 119. of the Revised Code regarding the operation of the program as the director considers necessary to administer the program, including establishing priority guidelines for approving applications under division (D) of this section. Sec. 122.23. As used in sections 122.23 to 122.27 of the Revised Code: (A) "Distressed area" means a county with a population of less than one hundred twenty-five thousand that meets at least two of the following criteria of economic distress: (1) Its average rate of unemployment, during the most recent five-year period for which data are available, is equal to at least one hundred twenty-five per cent of the average rate of unemployment for the United States for the same period. (2) It has a per capita income equal to or below eighty per cent of the median county per capita income of the United States as determined by the most recently available figures from the United States census bureau. (3) In intercensal years, the county has a ratio of transfer payment income to total county income equal to or greater than twenty-five per cent. (B) "Eligible applicant" means any of the following that is designated by the governing body of an eligible area as provided in division (B)(1) of section 122.27 of the Revised Code: (1) A port authority as defined in division (A) of section 4582.01 or division (A) of section 4582.21 of the Revised Code; (2) A community improvement corporation as defined in section 1724.01 of the Revised Code; Am. Sub. H. B. No. 110 134th G.A. 147 (3) A community-based organization or action group that provides social services and has experience in economic development; (4) Any other nonprofit economic development entity; (5) A private developer that previously has not received financial assistance under section 122.24 of the Revised Code and that has experience and a successful history in industrial development. (C) "Eligible area" means a distressed area, a labor surplus area, a rural area, or a situational distress area, as designated annually by the director of development pursuant to division (A) of section 122.25 of the Revised Code. (D) "Labor surplus area" means an area designated as a labor surplus area by the United States department of labor. (E) "Official poverty line" has the same meaning as in division (A) of section 3923.51 of the Revised Code. (F) "Situational distress area" means a county that has a population of less than one hundred twenty-five thousand, or a municipal corporation in such a county, that has experienced or is experiencing a closing or downsizing of a major employer that will adversely affect the county's or municipal corporation's economy. In order to be designated as a situational distress area for a period not to exceed thirty-six months, the county or municipal corporation may petition the director of development. The petition shall include documentation that demonstrates all of the following: (1) The number of jobs lost by the closing or downsizing; (2) The impact that the job loss has on the county's or municipal corporation's unemployment rate as measured by the director of job and family services; (3) The annual payroll associated with the job loss; (4) The amount of state and local taxes associated with the job loss; (5) The impact that the closing or downsizing has on the suppliers located in the rural county or municipal corporation. (G) "Governing body" means, in the case of a county, the board of county commissioners; in the case of a municipal corporation, the legislative authority; and in the case of a township, the board of township trustees. (H) "Infrastructure improvements" includes site preparation, including building demolition and removal; retention ponds and flood and drainage improvements; streets, roads, bridges, and traffic control devices; parking lots and facilities; water and sewer lines and treatment plants; gas, electric, and telecommunications hook-ups; and waterway and railway access improvements. (I) "Private developer" means any individual, firm, corporation, or Am. Sub. H. B. No. 110 134th G.A. 148 entity, other than a nonprofit entity, limited profit entity, or governmental entity. (J) "Rural area" means any Ohio county that was an eligible area immediately prior to the effective date of this amendment and any other Ohio county that is not designated as part of a metropolitan statistical area by the United States office of management and budget. Sec. 122.403. (A)(1) There is hereby created, within the department of development services agency, the broadband expansion program authority, which shall consist of the director of development services or the director's designee, the director of the office of InnovateOhio or the director's designee, and three other members as follows: one member appointed by the president of the senate, one member appointed by the speaker of the house of representatives, and one member appointed by the governor. (2) Appointed members shall have expertise in broadband infrastructure and technology. Appointed members may not be affiliated with or employed by the broadband industry or in a position to benefit from a program grant. (3) The assignment of designees by the director of development services and the director of InnovateOhio shall be made in writing. (B) Appointed members shall serve four year terms and are eligible for reappointment. (C) Vacancies shall be filled in the same manner as provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. (D)(1)(a) Appointed Beginning on January 1, 2022, and ending on December 31, 2025, appointed members shall receive a monthly stipend as calculated under section 145.016 of the Revised Code in an amount that will qualify each member for one year of retirement service credit under the Ohio public employees retirement system for each year of the member's term service as a member of the authority during that period. (b) Notwithstanding the requirement of section 145.58 of the Revised Code that eligibility for health care coverage provided under that section be based on years and types of service credit in accordance with rules adopted by the public employees retirement board, if the board provides health care coverage under that section, no service credit earned for service as a member of the authority shall be considered for purposes of determining eligibility for coverage under that section. (c) Members shall receive reimbursement for their necessary and actual expenses incurred in performing the business of the authority. The reimbursements constitute, as applicable, administrative costs of the Ohio Am. Sub. H. B. No. 110 134th G.A. 149 residential broadband expansion grant program. (2) An appointed member of the authority who is currently serving as an administrative department head under section 121.03 of the Revised Code is not eligible to receive a stipend under division (A) of this section. (3) The agency shall be responsible for paying all reimbursements and stipends for meals and expenses under this section and, for the period beginning on January 1, 2022, and ending on December 31, 2025, all stipends under this section. (E) The director of development services, or the director's designee, shall serve as chairperson of the authority. The members of the authority annually shall elect a vice-chairperson from the members of the authority. Three members of the authority constitute a quorum to transact and vote on the business of the authority. An affirmative vote of three members is necessary to approve any business, including the election of the vice-chairperson. (F) The assignment of designees by the director of development and the director of InnovateOhio shall be made in writing. If the director of development services assigns a designee to serve on the authority, the director of development services shall appoint a professional employee of the department of development services agency to serve as the director's designee at authority meetings. In the absence of the director of development services or the director's designee, the vice-chairperson of the authority shall serve as chairperson of authority meetings. (G) The authority is not an agency for purposes of sections 101.82 to 101.87 of the Revised Code. Sec. 122.42. (A) The director of development services shall do all of the following: (1) Receive applications for assistance under sections 122.39 and 122.41 to 122.62 of the Revised Code; (2) Make a final determination whether to approve the application for assistance; (3) Transmit determinations to approve assistance to the controlling board together with any information the controlling board requires for the board's review and decision as to whether to approve the assistance; (4) Issue revenue bonds of the state through the treasurer of state, as necessary, payable solely from revenues and other sources as provided in sections 122.39 and 122.41 to 122.62 of the Revised Code. (B) The director may do all of the following: (1) Fix the rate of interest and charges to be made upon or with respect to moneys loaned by the director and the terms upon which mortgages and Am. Sub. H. B. No. 110 134th G.A. 150 lease rentals may be guaranteed and the rates of charges to be made for the loans and guarantees and to make provisions for the operation of the funds established by the director in accordance with this section and sections 122.54, 122.55, 122.56, and 122.57 of the Revised Code; (2) Loan moneys from the fund established in accordance with section 122.54 of the Revised Code pursuant to and in compliance with sections 122.39 and 122.41 to 122.62 of the Revised Code; (3) Acquire in the name of the director any property of any kind or character in accordance with sections 122.39 and 122.41 to 122.62 of the Revised Code, by purchase, purchase at foreclosure, or exchange on such terms and in such manner as the director considers proper; (4) Make and enter into all contracts and agreements necessary or incidental to the performance of the director's duties and the exercise of the director's powers under sections 122.39 and 122.41 to 122.62 of the Revised Code; (5) Maintain, protect, repair, improve, and insure any property which the director has acquired and dispose of the same by sale, exchange, or lease for the consideration and on the terms and in the manner as the director considers proper, but is not authorized to operate any such property as a business except as the lessor of the property; (6)(a) When the cost of any contract for the maintenance, protection, repair, or improvement of any property held by the director other than compensation for personal services involves an expenditure of more than one thousand dollars, the director shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in the county where such contract, or some substantial part of it, is to be performed, and in such other publications as the director determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications may be examined, and the time and place of receiving bids. (b) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and meet the requirements of section 153.54 of the Revised Code. (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a Am. Sub. H. B. No. 110 134th G.A. 151 contract will be entered into and the performance of the proposal secured. (d) The director may reject any and all bids. (e) A bond with good and sufficient surety, approved by the director, shall be required of every contractor awarded a contract except as provided in division (B)(6)(b) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon faithful performance of the contract. (7) Employ financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other employees and agents as are necessary in the director's judgment and fix their compensation; (8) Assist qualified persons in the coordination and formation of a small business development company, having a statewide area of operation, conditional upon the company's agreeing to seek to obtain certification from the federal small business administration as a certified statewide development company and participation in the guaranteed loan program administered by the small business administration pursuant to the Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the initial period of formation of the statewide small business development company, the director shall provide technical and financial expertise, legal and managerial assistance, and other services as are necessary and proper to enable the company to obtain and maintain federal certification and participation in the federal guaranteed loan program. The director may charge a fee, in such amount and on such terms and conditions as the director determines necessary and proper, for assistance and services provided pursuant to division (B)(8) of this section. Persons chosen by the director to receive assistance in the formation of a statewide small business development company pursuant to division (B)(8) of this section shall make a special effort to use their participation in the federal guaranteed loan program to assist small businesses which are minority business enterprises as defined in division (E) of section 122.71 of the Revised Code. The director, with the assistance of the minority business development division of the department of development, shall provide technical and financial expertise, legal and managerial assistance, and other services in such a manner to enable the development company to provide assistance to small businesses which are minority business enterprises, and shall make available to the development company information pertaining to assistance available to minority business enterprises under programs established pursuant to sections 122.71 to 122.83, 122.87 to 122.89, 122.92 to 122.94, 123.151 122.921, and 125.081 of the Revised Code. Am. Sub. H. B. No. 110 134th G.A. 152 (9) Receive and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which such grants, gifts, and contributions are made, from individuals, private and public corporations, from the United States or any agency of the United States, from the state or any agency of the state, and from any political subdivision of the state, and may agree to repay any contribution of money or to return any property contributed or the value of the property at such times, in such amounts, and on such terms and conditions, excluding the payment of interest, as the director determines at the time such contribution is made, and may evidence such obligations by notes, bonds, or other written instruments; (10) Establish with the treasurer of state the funds provided in sections 122.54, 122.55, 122.56, and 122.57 of the Revised Code, in addition to such funds as the director determines are necessary or proper; (11) Do all acts and things necessary or proper to carry out the powers expressly granted and the duties imposed in sections 122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code. (C) All expenses and obligations incurred by the director in carrying out the director's powers and in exercising the director's duties under sections 122.39 and 122.41 to 122.62 of the Revised Code, shall be payable solely from the proceeds of revenue bonds issued pursuant to those sections, from revenues or other receipts or income of the director, from grants, gifts, and contributions, or funds established in accordance with those sections. Those sections do not authorize the director to incur indebtedness or to impose liability on the state or any political subdivision of the state. (D) Financial statements and financial data submitted to the director by any corporation, partnership, or person in connection with a loan application, or any information taken from such statements or data for any purpose, shall not be open to public inspection. Sec. 122.60. As used in sections 122.60 to 122.605 of the Revised Code: (A) "Capital access loan" means a loan made by a participating financial institution to an eligible business that may be secured by a deposit of money from the fund into the participating financial institution's program reserve account. (B) "Department of development" means the development services agency. (C) "Eligible business" means a for-profit business entity, or a nonprofit entity, that had total annual sales in its most recently completed fiscal year of less than ten million dollars and that has a principal place of for-profit business or nonprofit entity activity within the state, the operation of which, Am. Sub. H. B. No. 110 134th G.A. 153 alone or in conjunction with other facilities, will create new jobs or preserve existing jobs and employment opportunities and will improve the economic welfare of the people of the state. As used in this division, "new jobs" does not include existing jobs transferred from another facility within the state, and "existing jobs" means only existing jobs at facilities within the same municipal corporation or township in which the project, activity, or enterprise that is the subject of a capital access loan is located. (D)(C) "Financial institution" means any bank, trust company, savings bank, or savings and loan association that is chartered by and has a significant presence in the state, or any national bank, federal savings and loan association, or federal savings bank that has a significant presence in the state. (E)(D) "Fund" means the capital access loan program fund. (F)(E) "Minority business supplier development council" has the same meaning as in section 122.71 of the Revised Code. (G)(F) "Participating financial institution" means a financial institution that has a valid, current participation agreement with the department of development services agency. (H)(G) "Participation agreement" means the agreement between a financial institution and the agency department under which a financial institution may participate in the program. (I)(H) "Passive real estate ownership" means the ownership of real estate for the sole purpose of deriving income from it by speculation, trade, or rental. (J)(I) "Program" means the capital access loan program created under section 122.602 of the Revised Code. (K)(J) "Program reserve account" means a dedicated account at each participating financial institution that is the property of the state and may be used by the participating financial institution only for the purpose of recovering a claim under section 122.604 of the Revised Code arising from a default on a loan made by the participating financial institution under the program. Sec. 122.601. There is hereby created in the state treasury the capital access loan program fund. The fund shall consist of money deposited into it from the minority business enterprise loan fund pursuant to section 122.80 of the Revised Code and the facilities establishment fund pursuant to section 166.03 of the Revised Code and all money deposited into it pursuant to section 122.602 of the Revised Code. The total amount of money deposited into the fund from the minority business enterprise loan fund or the facilities establishment fund shall not exceed three million dollars during any Am. Sub. H. B. No. 110 134th G.A. 154 particular fiscal year of the department of development services agency. The agency department shall disburse money from the fund only to pay the operating costs of the program, including the administrative costs incurred by the agency department in connection with the program, and only in keeping with the purposes specified in sections 122.60 to 122.605 of the Revised Code. Sec. 122.603. (A)(1) Upon approval by the director of development services and after entering into a participation agreement with the department of development services agency, a participating financial institution making a capital access loan shall establish a program reserve account. The account shall be an interest-bearing account and shall contain only moneys deposited into it under the program and the interest payable on the moneys in the account. (2) All interest payable on the moneys in the program reserve account shall be added to the moneys and held as an additional loss reserve. The director may require that a portion or all of the accrued interest so held in the account be released to the agency department. If the director causes a release of accrued interest, the director shall deposit the released amount into the capital access loan program fund created in section 122.601 of the Revised Code. The director shall not require the release of that accrued interest more than twice in a fiscal year. (B) When a participating financial institution makes a capital access loan, it shall require the eligible business to pay to the participating financial institution a fee in an amount that is not less than one and one-half per cent, and not more than three per cent, of the principal amount of the loan. The participating financial institution shall deposit the fee into its program reserve account, and it also shall deposit into the account an amount of its own funds equal to the amount of the fee. The participating financial institution may recover from the eligible business all or part of the amount that the participating financial institution is required to deposit into the account under this division in any manner agreed to by the participating financial institution and the eligible business. (C) For each capital access loan made by a participating financial institution, the participating financial institution shall certify to the director, within a period specified by the director, that the participating financial institution has made the loan. The certification shall include the amount of the loan, the amount of the fee received from the eligible business, the amount of its own funds that the participating financial institution deposited into its program reserve account to reflect that fee, and any other information specified by the director. The certification also shall indicate if Am. Sub. H. B. No. 110 134th G.A. 155 the eligible business receiving the capital access loan is a minority business enterprise as defined in section 122.71 of the Revised Code or certified by the minority business supplier development council. (D)(1)(a) Upon receipt of each of the first three certifications from a participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount not to exceed fifty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. Thereafter, upon receipt of a certification from that participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount equal to ten per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. (b) Notwithstanding division (D)(1)(a) of this section, and subject to section 122.602 of the Revised Code, upon receipt of any certification from a participating financial institution made under division (C) of this section with respect to a capital access loan made to an eligible business that is a minority business enterprise, the director shall disburse to the participating financial institution from the capital access loan program fund an amount not to exceed eighty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. (2) The disbursement of moneys from the fund to a participating financial institution does not require approval from the controlling board. (E) If the amount in a program reserve account exceeds an amount equal to thirty-three per cent of a participating financial institution's outstanding capital access loans, the agency department may cause the withdrawal of the excess amount and the deposit of the withdrawn amount into the capital access loan program fund. (F)(1) The agency department may cause the withdrawal of the total amount in a participating financial institution's program reserve account if any of the following applies: (a) The financial institution is no longer eligible to participate in the program. (b) The participation agreement expires without renewal by the agency department or the financial institution. (c) The financial institution has no outstanding capital access loans. Am. Sub. H. B. No. 110 134th G.A. 156 (d) The financial institution has not made a capital access loan within the preceding twenty-four months. (2) If the agency department causes a withdrawal under division (F)(1) of this section, the agency department shall deposit the withdrawn amount into the capital access loan program fund. Sec. 122.65. As used in sections 122.65 to 122.659 of the Revised Code: (A) "Applicable cleanup standards" means either of the following: (1) For property to which Chapter 3734. of the Revised Code and rules adopted under it apply, the requirements for closure or corrective action established in rules adopted under section 3734.12 of the Revised Code; (2) For property to which Chapter 3746. of the Revised Code and rules adopted under it apply, the cleanup standards that are established in rules adopted under section 3746.04 of the Revised Code. (B) "Applicant" means a county, township, municipal corporation, port authority, or conservancy district or a park district, other similar park authority, nonprofit organization, or organization for profit that has entered into an agreement with a county, township, municipal corporation, port authority, or conservancy district to work in conjunction with that county, township, municipal corporation, port authority, or conservancy district for the purposes of sections 122.65 to 122.658 of the Revised Code. (C) "Assessment" means a phase I and phase II property assessment conducted in accordance with section 3746.04 of the Revised Code and rules adopted under that section. (D) "Brownfield" means an abandoned, idled, or under-used industrial, commercial, or institutional property where expansion or redevelopment is complicated by known or potential releases of hazardous substances or petroleum. (E) "Certified professional," "hazardous substance," "petroleum," and "release" have the same meanings as in section 3746.01 of the Revised Code. (F) "Cleanup or remediation" means any action to contain, remove, or dispose of hazardous substances or petroleum at a brownfield. "Cleanup or remediation" includes the acquisition of a brownfield, demolition performed at a brownfield, and the installation or upgrade of the minimum amount of infrastructure that is necessary to make a brownfield operational for economic development activity. (G) "Distressed area" means either a municipal corporation with a population of at least fifty thousand or a county that meets any two of the following criteria: (1) Its average rate of unemployment, during the most recent five-year Am. Sub. H. B. No. 110 134th G.A. 157 period for which data are available, is equal to at least one hundred twenty-five per cent of the average rate of unemployment for the United States for the same period. (2) It has a per capita income equal to or below eighty per cent of the median county per capita income of the United States as determined by the most recently available figures from the United States census bureau. (3)(a) In the case of a municipal corporation, at least twenty per cent of the residents have a total income for the most recent census year that is below the official poverty line. (b) In the case of a county, in intercensal years, the county has a ratio of transfer payment income to total county income equal to or greater than twenty-five per cent. "Distressed area" includes a municipal corporation the majority of the population of which is situated in a county that is a distressed area. (H) "Eligible area" means a distressed area, an inner city area, a labor surplus area, or a situational distress area. (I) "Inner city area" means an area in a municipal corporation that has a population of at least one hundred thousand, is not a labor surplus area, and is a targeted investment area established by the municipal corporation that is comprised of block tracts identified in the most recently available figures from the United States census bureau in which at least twenty per cent of the population in the area is at or below the official poverty line or of contiguous block tracts meeting those criteria. (J) "Institutional property" means property currently or formerly owned or controlled by the state that is or was used for a public or charitable purpose. However, "institutional property" does not mean property that is or was used for educational purposes. (K) "Integrating committee" means a district public works integrating committee established under section 164.04 of the Revised Code. (L) "Labor surplus area" means an area designated as a labor surplus area by the United States department of labor. (M) "Loan" includes credit enhancement. (N) "No further action letter" means a letter that is prepared by a certified professional when, on the basis of the best knowledge, information, and belief of the certified professional, the certified professional concludes that the cleanup or remediation of a brownfield meets the applicable cleanup standards and that contains all of the information specified in rules adopted under division (B)(7)(B)(6) of section 3746.04 of the Revised Code. (O) "Nonprofit organization" means a corporation, association, group, institution, society, or other organization that is exempt from federal income Am. Sub. H. B. No. 110 134th G.A. 158 taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501(c)(3), as amended. (P) "Property" means any parcel of real property, or portion of such a parcel, and any improvements to it. (Q) "Public health project" means the cleanup or remediation of a release or threatened release of hazardous substances or petroleum at a property where little or no economic redevelopment potential exists. (R) "Official poverty line" has the same meaning as in section 3923.51 of the Revised Code. (S) "Situational distress area" means a county or a municipal corporation that has experienced or is experiencing a closing or downsizing of a major employer that will adversely affect the county or municipal corporation's economy and that has applied to the director of development to be designated as a situational distress area for not more than thirty months by demonstrating all of the following: (1) The number of jobs lost by the closing or downsizing; (2) The impact that the job loss has on the county or municipal corporation's unemployment rate as measured by the director of job and family services; (3) The annual payroll associated with the job loss; (4) The amount of state and local taxes associated with the job loss; (5) The impact that the closing or downsizing has on suppliers located in the county or municipal corporation. Sec. 122.6511. (A) As used in this section and section 122.6512 of the Revised Code, "brownfield" and "remediation" have the same meanings as in section 122.65 of the Revised Code. (B)(1) There is hereby created the brownfield remediation program to award grants for the remediation of brownfield sites throughout Ohio. The program shall be administered by the director of development pursuant to this section and rules adopted pursuant to division (B)(2) of this section. (2) The director shall adopt rules, under Chapter 119. of the Revised Code, for the administration of the program. The rules shall include provisions for determining project and project sponsor eligibility, program administration, and any other provisions the director finds necessary. (3) The director shall ensure that the program is operational and accepting proposals for grants not later than ninety days after the effective date of this section. (C)(1) There is hereby created in the state treasury the brownfield remediation fund. The fund shall consist of moneys appropriated to it by the general assembly, and investment earnings on moneys in the fund shall be Am. Sub. H. B. No. 110 134th G.A. 159 credited to the fund. (2) The director shall reserve funds from each appropriation to the fund to each county in the state. The amount reserved shall be one million dollars per county, or, if an appropriation is less than eighty-eight million dollars, a proportionate amount to each county. Amounts reserved pursuant to this section are reserved for one calendar year from the date of the appropriation. After one calendar year, the funds shall be available pursuant to division (C)(3) of this section. (3) Funds from an appropriation not reserved under division (C)(2) of this section shall be available for grants to projects located anywhere in the state, and grants from those funds shall be awarded to qualifying projects on a first-come, first-served basis. Grants awarded pursuant to this division shall be limited to seventy-five per cent of a project's total cost. Sec. 122.6512. (A)(1) There is hereby created the building demolition and site revitalization program to award grants for the demolition of commercial and residential buildings and revitalization of surrounding properties on sites that are not brownfields. The program shall be administered by the director of development pursuant to this section and rules adopted pursuant to division (A)(2) of this section. (2) The director shall adopt rules, under Chapter 119. of the Revised Code, for the administration of the program. The rules shall include provisions for determining project and project sponsor eligibility, program administration, and any other provisions the director finds necessary. (3) The director shall ensure that the program is operational and accepting proposals for grants not later than ninety days after the effective date of this section. (B)(1) There is hereby created in the state treasury the building demolition and site revitalization fund. The fund shall consist of moneys appropriated to it by the general assembly, and investment earnings on moneys in the fund shall be credited to the fund. (2) The director shall reserve funds from each appropriation to the fund to each county in the state. The amount reserved shall be five hundred thousand dollars per county, or, if an appropriation is less than forty-four million dollars, a proportionate amount to each county. Amounts reserved pursuant to this section are reserved for one calendar year from the date of the appropriation. After one calendar year, the funds shall be available pursuant to division (B)(3) of this section. (3) Funds from an appropriation not reserved under division (B)(2) of this section shall be available for grants to projects located anywhere in the state, and grants from those funds shall be awarded to qualifying projects on Am. Sub. H. B. No. 110 134th G.A. 160 a first-come, first-served basis. Grants awarded pursuant to this division shall be limited to seventy-five per cent of a project's total cost. Sec. 122.72. (A) There is hereby created the minority development financing advisory board to assist in carrying out the programs created pursuant to sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. (B) The board shall consist of ten members. The director of development or the director's designee shall be a voting member on the board. Seven members shall be appointed by the governor with the advice and consent of the senate and selected because of their knowledge of and experience in industrial, business, and commercial financing, suretyship, construction, and their understanding of the problems of minority business enterprises; one member also shall be a member of the senate and appointed by the president of the senate, and one member also shall be a member of the house of representatives and appointed by the speaker of the house of representatives. With respect to the board, all of the following apply: (1) Not more than four of the members of the board appointed by the governor shall be of the same political party. (2) Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. (3) The terms of office for the seven members appointed by the governor shall be for seven years, commencing on the first day of October and ending on the thirtieth day of September of the seventh year, except that of the original seven members, three shall be appointed for three years and two shall be appointed for five years. (4) Any member of the board is eligible for reappointment. (5) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term. (6) Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. (7) Before entering upon official duties as a member of the board, each member shall take an oath as provided by Section 7 of Article XV, Ohio Constitution. (8) The governor may, at any time, remove any member appointed by the governor pursuant to section 3.04 of the Revised Code. (9) Notwithstanding section 101.26 of the Revised Code, members shall receive their necessary and actual expenses while engaged in the business of the board and shall be paid at the per diem rate of step 1 of pay range 31 of Am. Sub. H. B. No. 110 134th G.A. 161 section 124.15 of the Revised Code. (10) Six members of the board constitute a quorum and the affirmative vote of six members is necessary for any action taken by the board. (11) In the event of the absence of a member appointed by the president of the senate or by the speaker of the house of representatives, either of the following persons may serve in the member's absence: (a) The president of the senate or the speaker of the house of representatives, whoever appointed the absent member; (b) A member of the senate or of the house of representatives of the same political party as the absent member, as designated by the president of the senate or the speaker of the house of representatives, whoever appointed the absent member. (12) The board shall annually elect one of its members as chairperson and another as vice-chairperson. Sec. 122.73. (A) The minority development financing advisory board and the director of development are invested with the powers and duties provided in sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code, in order to promote the welfare of the people of the state by encouraging the establishment and expansion of minority business enterprises; to stabilize the economy; to provide employment; to assist in the development within the state of industrial, commercial, distribution, and research activities required for the people of the state, and for their gainful employment; or otherwise to create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state. It is hereby determined that the accomplishment of those purposes is essential so that the people of the state may maintain their present high standards of living in comparison with the people of other states and so that opportunities for employment and for favorable markets for the products of the state's natural resources, agriculture, and manufacturing shall be improved. It further is determined that it is necessary for the state to establish the programs authorized under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code to establish the minority development financing advisory board, and to invest it and the director of development with the powers and duties provided in those sections 122.71 to 122.89 of the Revised Code. (B) The minority development financing advisory board shall do all of the following: (1) Make recommendations to the director as to applications for assistance pursuant to sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. The board may revise its recommendations to reflect any Am. Sub. H. B. No. 110 134th G.A. 162 changes in the proposed assistance made by the director. (2) Advise the director in the administration of sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. (3) Adopt bylaws to govern the conduct of the business of the board. Sec. 122.74. (A)(1) The director of development shall do all of the following: (a) Receive applications for assistance under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code and applications from surety companies for bond guarantees under section 122.90 of the Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to the minority development financing advisory board together with necessary supporting information; (b) Receive the recommendations of the board and make a final determination whether to approve the application for assistance; (c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan; (d) Transmit the director's determinations to approve assistance to the controlling board unless such assistance falls under section 122.90 of the Revised Code and has been previously approved by the controlling board, together with any information the controlling board requires for its review and decision as to whether to approve the assistance. (2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity or when an application for a surety company for bond guarantees under section 122.90 of the Revised Code has been previously approved by the controlling board. (B) The director may do all of the following: (1) Fix the rate of interest and charges to be made upon or with respect to moneys loaned or guaranteed by the director and the terms upon which mortgages and lease rentals may be guaranteed and the rates of charges to be made for them and make provisions for the operation of the funds established by the director in accordance with this section and sections 122.80, 122.88, and 122.90 of the Revised Code; (2) Loan and guarantee moneys from the fund established in accordance with section 122.80 of the Revised Code pursuant to and in compliance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. Am. Sub. H. B. No. 110 134th G.A. 163 (3) Acquire in the name of the director any property of any kind or character in accordance with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, by purchase, purchase at foreclosure, or exchange on such terms and in such manner as the director considers proper; (4) Make and enter into all contracts and agreements necessary or incidental to the performance of the director's duties and the exercise of the director's powers under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code; (5) Maintain, protect, repair, improve, and insure any property that the director has acquired and dispose of it by sale, exchange, or lease for the consideration and on the terms and in the manner as the director considers proper, but the director shall not operate any such property as a business except as the lessor of it; (6)(a) When the cost of any contract for the maintenance, protection, repair, or improvement of any property held by the director, other than compensation for personal services, involves an expenditure of more than fifty thousand dollars, the director shall make a written contract with the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code after advertisement for not less than two consecutive weeks in a newspaper of general circulation in the county where such contract, or some substantial part of it, is to be performed, and in such other publications as the director determines, which notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. (b) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall contain the full name of every person interested in it and meet the requirements of section 153.54 of the Revised Code. (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered into and the performance of the proposal secured. (d) The director may reject any and all bids. (e) A bond with good and sufficient surety, approved by the director, shall be required of every contractor awarded a contract except as provided in division (B)(6)(b) of this section, in an amount equal to at least fifty per cent of the contract price, conditioned upon faithful performance of the contract. Am. Sub. H. B. No. 110 134th G.A. 164 (7) Employ or contract with financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other employees and agents as are necessary in the director's judgment and fix their compensation; (8) Receive and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which the grants, gifts, and contributions are made, from individuals, private and public corporations, from the United States or any agency thereof, from the state or any agency thereof, and from any political subdivision of the state, and may agree to repay any contribution of money or to return any property contributed or the value thereof at such times, in amounts, and on terms and conditions, excluding the payment of interest, as the director determines at the time the contribution is made, and may evidence the obligations by notes, bonds, or other written instruments; (9) Establish with the treasurer of state the funds provided in sections 122.80 and 122.88 of the Revised Code in addition to such funds as the director determines are necessary or proper; (10) Adopt rules under Chapter 119. of the Revised Code necessary to implement sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. (11) Do all acts and things necessary or proper to carry out the powers expressly granted and the duties imposed in sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code. (C)(1) All expenses and obligations incurred by the director in carrying out the director's powers and in exercising the director's duties under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be payable solely from revenues or other receipts or income of the director, from grants, gifts, and contributions, or funds established in accordance with such sections. Such sections do not authorize the director to incur indebtedness or to impose liability on the state or any political subdivision of the state. (2) Financial statements and other data submitted to the director by any corporation, partnership, or person in connection with financial assistance provided under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or any information taken from such statements or data for any purpose, shall not be open to public inspection. Sec. 122.751. The minority development financing advisory board or a regional economic development entity shall only consider an application for a loan from any applicant after a determination that the applicant is a community development corporation, or after a certification by the equal Am. Sub. H. B. No. 110 134th G.A. 165 employment opportunity coordinator director of the department of administrative services development under division (B)(1) of section 123.151 122.921 of the Revised Code that the applicant is a minority business enterprise, or after a certification by the minority business supplier development council that the applicant is a minority business, and that the applicant satisfies all criteria regarding eligibility for assistance pursuant to section 122.76 of the Revised Code. Sec. 122.76. (A) The director of development services, with controlling board approval, may lend funds to minority business enterprises and to community improvement corporations, Ohio development corporations, minority contractors business assistance organizations, and minority business supplier development councils for the purpose of loaning funds to minority business enterprises, for the purpose of procuring or improving real or personal property, or both, for the establishment, location, or expansion of industrial, distribution, commercial, or research facilities in the state, and for the purpose of contract financing, and to community development corporations that predominantly benefit minority business enterprises or are located in a census tract that has a population that is sixty per cent or more minority, if the director determines, in the director's sole discretion, that all of the following apply: (1) The project is economically sound and will benefit the people of the state by increasing opportunities for employment, by strengthening the economy of the state, or expanding minority business enterprises. (2) The proposed minority business enterprise borrower is unable to finance the proposed project through ordinary financial channels at comparable terms. (3) The value of the project is or, upon completion, will be at least equal to the total amount of the money expended in the procurement or improvement of the project. (4) The amount to be loaned by the director will not exceed seventy-five per cent of the total amount expended in the procurement or improvement of the project. (5) The amount to be loaned by the director will be adequately secured by a first or second mortgage upon the project or by mortgages, leases, liens, assignments, or pledges on or of other property or contracts as the director requires, and such mortgage will not be subordinate to any other liens or mortgages except the liens securing loans or investments made by financial institutions referred to in division (A)(3) of this section, and the liens securing loans previously made by any financial institution in connection with the procurement or expansion of all or part of a project. Am. Sub. H. B. No. 110 134th G.A. 166 (B) Any proposed minority business enterprise borrower submitting an application for assistance under this section shall not have defaulted on a previous loan from the director, and no full or limited partner, major shareholder, or holder of an equity interest of the proposed minority business enterprise borrower shall have defaulted on a loan from the director. (C) The proposed minority business enterprise borrower shall demonstrate to the satisfaction of the director that it is able to successfully compete in the private sector if it obtains the necessary financial, technical, or managerial support and that support is available through the director, the minority business development office division of the department of development services agency, or other identified and acceptable sources. In determining whether a minority business enterprise borrower will be able to successfully compete, the director may give consideration to such factors as the successful completion of or participation in courses of study, recognized by the board department of regents higher education as providing financial, technical, or managerial skills related to the operation of the business, by the economically disadvantaged individual, owner, or partner, and the prior success of the individual, owner, or partner in personal, career, or business activities, as well as to other factors identified by the director. (D) The director shall not lend funds for the purpose of procuring or improving motor vehicles or accounts receivable. Sec. 122.77. (A) The director of development with controlling board approval may make loan guarantees to small businesses and corporations for the purpose of guaranteeing loans made to small businesses by financial institutions for the purpose of procuring or improving real or personal property, or both, for the establishment, location, or expansion of industrial, distribution, commercial, or research facilities in the state, if the director determines, in the director's sole discretion, that all of the following apply: (1) The project is economically sound and will benefit the people of the state by increasing opportunities for employment, by strengthening the economy of the state, or expanding minority business enterprises. (2) The proposed small business borrower is unable to finance the proposed project through ordinary financial channels at comparable terms. (3) The value of the project is, or upon completion of it will be, at least equal to the total amount of the money expended in the procurement or improvement of the project and of which amount one or more financial institutions or other governmental entities have loaned not less than thirty per cent. (4) The amount to be guaranteed by the director will not exceed eighty Am. Sub. H. B. No. 110 134th G.A. 167 per cent of the total amount expended in the procurement or improvement of the project. (5) The amount to be guaranteed by the director will be adequately secured by a first or second mortgage upon the project, or by mortgages, leases, liens, assignments, or pledges on or of other property or contracts as the director shall require and that such mortgage will not be subordinate to any other liens or mortgages except the liens securing loans or investments made by financial institutions referred to in division (A)(3) of this section, and the liens securing loans previously made by any financial institution in connection with the procurement or expansion of all or part of a project. (B) The proposed small business borrower shall not have defaulted on a previous loan or guarantee from the director, and no full or limited partner, or major shareholder, or holder of any equity interest of the proposed minority business enterprise borrower shall have defaulted on a loan or guarantee from the director. (C) The proposed small business borrower shall demonstrate to the satisfaction of the director that it is able to successfully compete in the private sector if it obtains the necessary financial, technical, or managerial support and that support is available through the director, the minority business development office division of the department of development, or other identified and acceptable sources. In determining whether a small business borrower will be able to successfully compete, the director may give consideration to such factors as the successful completion of or participation in courses of study, recognized by the board department of regents higher education as providing financial, technical, or managerial skills related to the operation of the business, by the economically disadvantaged individual, owner, or partner, and the prior success of the individual, owner, or partner in personal, career, or business activities, as well as to other factors identified by the director. (D) The director shall not guarantee funds for the purpose of procuring or improving motor vehicles or accounts receivable. Sec. 122.78. Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans and guarantees made by the director of development pursuant to sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be such as the director determines to be appropriate and in furtherance of the purpose for which the loans and guarantees are made, but the mortgage lien securing any money loaned or guaranteed by the director may be subordinate to the mortgage lien securing any money loaned or invested by a financial institution, but shall be superior to that securing any money loaned or Am. Sub. H. B. No. 110 134th G.A. 168 expended by any other corporation or person. The funds used in making these loans or guarantees shall be disbursed upon order of the director. Sec. 122.79. The exercise of the powers granted by sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, for the increase and expansion of minority business enterprises, and for the improvement of conditions of employment, and will constitute the performance of essential governmental functions; therefore, the director of development shall not be required to pay any taxes upon any property or assets held by the director, or upon any property acquired or used by the director under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or upon the income from it, provided that this exemption shall not apply to any property held by the director while it is in the possession of a private person, partnership, or corporation and used for private purposes for profit, in which case such tax liability shall accrue to the private person, partnership, or corporation. Sec. 122.82. All moneys, funds, properties, and assets acquired by the director of development shall be held by the director in trust to carry out the director's powers and duties, shall be used as provided in sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, and shall at no time be part of other public funds. Sec. 122.84. (A) As used in this section: (1) "Ohio qualified opportunity fund" means a qualified opportunity fund that holds one hundred per cent of its invested assets in qualified opportunity zone property situated in an Ohio opportunity zone. In the case of qualified opportunity zone property that is qualified opportunity zone stock or qualified opportunity zone partnership interest, the stock or interest is situated in an Ohio opportunity zone only if, during all of the qualified opportunity fund's holding period for such stock or interest, all of the use of the corporation's or partnership's tangible property was in an Ohio opportunity zone. In the case of qualified opportunity zone property that is qualified opportunity zone business property, the property is situated in an Ohio opportunity zone only if, during all of the fund's holding period for such property, all of the use of the property was in an Ohio opportunity zone. All terms used in division (A) of this section have the same meaning as in 26 U.S.C. 1400Z-2, except that "all" shall be substituted for "substantially all" wherever "substantially all" appears in the definition of those terms or in the definition of terms used in those terms. (2) "Ohio opportunity zone" means a qualified opportunity zone Am. Sub. H. B. No. 110 134th G.A. 169 designated in this state under 26 U.S.C. 1400Z-1 before, on, or after the effective date of the enactment of this section by H.B. 166 of the 133rd general assembly. (3) "Taxpayer" and "taxable year" have the same meanings as in section 5747.01 of the Revised Code. (4) "Qualifying taxable year" means a taxpayer's taxable year that includes the first day of a calendar year during which an Ohio qualified opportunity fund in which the taxpayer invests makes an investment in a project located in an Ohio opportunity zone. (B) A taxpayer that invests in one or more Ohio qualified opportunity funds may apply to the director of development services for a nonrefundable credit against the tax levied under section 5747.02 of the Revised Code. The application shall be made on forms prescribed by the director on or after the first day of January and on or before the first day of February of each year. The credit shall equal ten per cent of the amount of the taxpayer's investment in the fund that the fund invested during the preceding calendar year in projects located in Ohio opportunity zones. The taxpayer shall include the following information with the taxpayer's application: (1) The amount of the taxpayer's investment in Ohio qualified opportunity funds during the taxpayer's qualifying taxable year, arranged according to the amount invested in each such fund if the taxpayer invested in more than one such fund; (2) A statement from an employee or officer of each Ohio qualified opportunity fund identified by the taxpayer under division (B)(1) of this section certifying the amount of the taxpayer's investment in the fund and the amount of that investment the fund invested in projects located in Ohio opportunity zones during the preceding calendar year. The statement shall describe each project funded by the investment and state each project's location and the portion of the taxpayer's investment invested in each such project. Unless the fund demonstrates otherwise to the director's satisfaction, the amount of a taxpayer's investment that the fund invested in a project located in an Ohio opportunity zone equals the same proportion of the amount of the fund's investment in the project as the taxpayer's investment in the fund bears to the total investment by all investors in that fund on the date the fund makes the investment in the project. The director shall review applications in the order in which applications are received. (C)(1) Subject to division (C)(2) of this section, if the director determines that the applicant qualifies for a credit under this section, the Am. Sub. H. B. No. 110 134th G.A. 170 director shall issue, within sixty days after the receipt of a complete application under division (B) of this section, a tax credit certificate to the taxpayer identified with a unique number and listing the amount of credit the director determines the taxpayer is eligible to claim. (2) The director shall not issue certificates in a total amount that would cause the tax credits claimed in any fiscal biennium to exceed fifty million dollars. The director shall not issue certificates to a single applicant in an amount that would cause the tax credits claimed in any fiscal biennium by that applicant, and any person to whom the applicant transfers the certificate under division (E) of this section, to exceed one in an amount that exceeds two million dollars. The director may not issue a certificate under this section on the basis of any investment for which a small business investment certificate has been issued under section 122.86 of the Revised Code. (3) The credit may be claimed for the taxpayer's qualifying taxable year or the next ensuing taxable year. The taxpayer shall claim the credit in the order prescribed by section 5747.98 of the Revised Code. Any unused amount may be carried forward for the following five taxable years. If the certificate is issued to a pass-through entity for an investment by the entity, any taxpayer that is a direct or indirect investor in the pass-through entity on the last day of the entity's qualifying taxable year may claim the taxpayer's proportionate or distributive share of the credit against the taxpayer's aggregate amount of tax levied under that section. (D) A taxpayer claiming a credit under this section shall submit a copy of the certificate with the taxpayer's return or report. (E) A taxpayer that holds an unclaimed certificate under this section may notify the tax commissioner, in writing, that the taxpayer is transferring the right to claim the credit stated on the certificate. The taxpayer shall identify in that notification the certificate's number and the name and the tax identification number of the transferee. Pursuant to division (D) of this section, the transferee may claim the credit stated on the certificate, subject to the limitations of this section. A transferee may not transfer the right to claim the credit to any other person. (F) On or before the first day of August each year, the director of development services shall submit a report to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives on the tax credit program authorized under this section. The report shall include the following information: (1) The number of projects funded by investments for which a tax credit application was submitted under this section during the preceding year, the Am. Sub. H. B. No. 110 134th G.A. 171 Ohio opportunity zone in which each such project is located, the number of projects funded by investments for which certificates were allocated during the preceding year, a description of each such project, and the composition of an Ohio qualified opportunity fund's investments in each project funded by investments for which a tax credit application was submitted under this section; (2) The number of taxpayers that invested in an Ohio qualified opportunity fund and applied for a tax credit based on the fund's investment in a project during the preceding year, the name of the fund in which each such investment was made, the number of taxpayers allocated a credit for such investments under this section, and the dollar amount of those credits; (3) A map that shows the location of each Ohio opportunity zone and that indicates which zones include existing or pending projects that are, or will be, funded by tax credit-eligible investments. Sec. 122.85. (A) As used in this section and in sections 5726.55, 5733.59, 5747.66, and 5751.54 of the Revised Code: (1) "Tax credit-eligible production" means a motion picture or broadway theatrical production certified by the director of development services under division (B) of this section as qualifying the production company and its production contractors for a tax credit under section 5726.55, 5733.59, 5747.66, or 5751.54 of the Revised Code. (2) "Certificate owner" means a production company or production contractor to which a tax credit certificate is issued. (3) "Production company" means an individual, corporation, partnership, limited liability company, or other form of business association that is registered with the secretary of state and that is producing a motion picture or broadway theatrical production. (4) "Eligible expenditures" means expenditures made after June 30, 2009, for goods or services purchased and consumed in this state by a production company directly for the production of a tax credit-eligible production or, for postproduction activities, or for advertising and promotion of the production. "Eligible expenditures" includes, but is not limited to,include expenditures for cast and crew wages, accommodations, costs of set construction and operations, editing and related services, photography, sound synchronization, lighting, wardrobe, makeup and accessories, film processing, transfer, sound mixing, special and visual effects, music, location fees, and the purchase or rental of facilities and equipment. (5) "Motion picture" means entertainment content created in whole or in part within this state for distribution or exhibition to the general public, Am. Sub. H. B. No. 110 134th G.A. 172 including, but not limited to, feature-length films; documentaries; long-form, specials, miniseries, series, and interstitial television programming; interactive web sites; sound recordings; videos; music videos; interactive television; interactive games; video games; commercials; any format of digital media; and any trailer, pilot, video teaser, or demo created primarily to stimulate the sale, marketing, promotion, or exploitation of future investment in either a product or a motion picture by any means and media in any digital media format, film, or videotape, provided the motion picture qualifies as a motion picture. "Motion picture" does not include any television program created primarily as news, weather, or financial market reports, a production featuring current events or sporting events, an awards show or other gala event, a production whose sole purpose is fundraising, a long-form production that primarily markets a product or service or in-house corporate advertising or other similar productions, a production for purposes of political advocacy, or any production for which records are required to be maintained under 18 U.S.C. 2257 with respect to sexually explicit content. (6) "Broadway theatrical production" means a prebroadway production, long run production, or tour launch that is directed, managed, and performed by a professional cast and crew and that is directly associated with New York city's broadway theater district. (7) "Prebroadway production" means a live stage production that is scheduled for presentation in New York city's broadway theater district after the original or adaptive version is performed in a qualified production facility. (8) "Long run production" means a live stage production that is scheduled to be performed at a qualified production facility for more than five weeks, with an average of at least six performances per week. (9) "Tour launch" means a live stage production for which the activities comprising the technical period are conducted at a qualified production facility before a tour of the original or adaptive version of the production begins. (10) "Qualified production facility" means a facility located in this state that is used in the development or presentation to the public of theater productions. (11) "Production contractor" means an individual, corporation, partnership, limited liability company, or other form of business association that is registered with the secretary of state and that, pursuant to a contract with a production company producing a motion picture in this state, provides any of the following services to the production company with respect to that production: editing, postproduction, photography, lighting, Am. Sub. H. B. No. 110 134th G.A. 173 cinematography, sound design, catering, special effects, production coordination, hair styling or makeup, art design, or distribution. (B) For the purpose of encouraging and developing strong film and theater industries in this state, the director of development services may certify a motion picture or broadway theatrical production produced by a production company as a tax credit-eligible production. In the case of a television series, the director may certify the production of each episode of the series as a separate tax credit-eligible production. A production company shall apply for certification of a motion picture or broadway theatrical production as a tax credit-eligible production on a form and in the manner prescribed by the director. Each application shall include the following information: (1) The name and telephone number of the production company; (2) The name and telephone number of the company's contact person; (3) A list of the first preproduction date through the last production and postproduction dates in Ohio and, in the case of a broadway theatrical production, a list of each scheduled performance in a qualified production facility; (4) The Ohio production office or qualified production facility address and telephone number; (5) The total production budget; (6) The total budgeted eligible expenditures and the percentage that amount is of the total production budget of the motion picture or broadway theatrical production; (7) In the case of a motion picture, the total percentage of the production being shot in Ohio; (8) The level of employment of cast and crew who reside in Ohio; (9) A synopsis of the script; (10) In the case of a motion picture, the shooting script; (11) A creative elements list that includes the names of the principal cast and crew and the producer and director; (12) Documentation of financial ability to undertake and complete the motion picture or broadway theatrical production, including documentation that shows that the company has secured funding equal to at least fifty per cent of the total production budget; (13) Estimated value of the tax credit based upon total budgeted eligible expenditures; (14) Estimated amount of state and local taxes to be generated in this state from the production; (15) Estimated economic impact of the production in this state; Am. Sub. H. B. No. 110 134th G.A. 174 (16) Any other information considered necessary by the director. Within ninety days after certification of a motion picture or broadway theatrical production as a tax credit-eligible production, and any time thereafter upon the request of the director of development services, the production company shall present to the director sufficient evidence of reviewable progress. If the production company fails to present sufficient evidence, the director may rescind the certification. If the production of a motion picture or broadway theatrical production does not begin within ninety days after the date it is certified as a tax credit-eligible production, the director shall rescind the certification unless the director finds that the production company shows good cause for the delay, meaning that the production was delayed due to unforeseeable circumstances beyond the production company's control or due to action or inaction by a government agency. Upon rescission, the director shall notify the applicant that the certification has been rescinded. Nothing in this section prohibits an applicant whose tax credit-eligible production certification has been rescinded from submitting a subsequent application for certification. (C)(1) A production company whose motion picture or broadway theatrical production has been certified as a tax credit-eligible production may apply to the director of development services on or after July 1, 2009, for a refundable credit against the tax imposed by section 5726.02, 5733.06, 5747.02, or 5751.02 of the Revised Code. The director in consultation with the tax commissioner shall prescribe the form and manner of the application and the information or documentation required to be submitted with the application. The application shall state the name and address of each production contractor with which the production company contracted for services and the amount of eligible expenditures paid or incurred under the contract with respect to the production. The credit is determined as follows: (a) If the total budgeted eligible expenditures stated in the application submitted under division (B) of this section or the actual eligible expenditures as finally determined under division (D) of this section, whichever is least, is less than or equal to three hundred thousand dollars, no credit is allowed; (b) If the total budgeted eligible expenditures stated in the application submitted under division (B) of this section or the actual eligible expenditures as finally determined under division (D) of this section, whichever is least, is greater than three hundred thousand dollars, the credit for the production company equals thirty per cent of the least of such budgeted or actual eligible expenditure amounts and the credit for each Am. Sub. H. B. No. 110 134th G.A. 175 production contractor equals thirty per cent of the amount of eligible expenditures paid or incurred under the contract with respect to the production. (2) Except as provided in division (C)(4) of this section, if the director of development services approves a production company's application for a credit, the director shall issue a tax credit certificate to the company and to each of the company's production contractors identified in the application. The director in consultation with the tax commissioner shall prescribe the form and manner of issuing certificates. The director shall assign a unique identifying number to each tax credit certificate and shall record the certificate in a register devised and maintained by the director for that purpose. The certificate shall state the amount of the eligible expenditures on which the credit is based and the amount of the credit. Upon the issuance of a certificate, the director shall certify to the tax commissioner the name of the production company or contractor to which the certificate was issued, the amount of eligible expenditures shown on the certificate, the amount of the credit, and any other information required by the rules adopted to administer this section. (3) The amount of eligible expenditures for which a tax credit may be claimed is subject to inspection and examination by the tax commissioner or employees of the commissioner under section 5703.19 of the Revised Code and any other applicable law. Once the eligible expenditures are finally determined under section 5703.19 of the Revised Code and division (D) of this section, the credit amount is not subject to adjustment unless the director determines an error was committed in the computation of the credit amount. (4) No tax credit certificate may be issued before the completion of the tax credit-eligible production. Not more than forty million dollars of tax credit may be allowed per fiscal year provided that, for any fiscal year in which the amount of tax credits allowed under this section is less than that maximum annual amount, the amount not allowed for that fiscal year shall be added to the maximum annual amount that may be allowed for the following fiscal year. (5) The director shall review and approve applications for tax credits in two rounds each fiscal year. The first round of credits shall be awarded not later than the last day of July of the fiscal year, and the second round of credits shall be awarded not later than the last day of the ensuing January. The amount of credits awarded in the first round of applications each fiscal year shall not exceed twenty million dollars plus any credit allotment that was not awarded in the preceding fiscal year and carried over under division Am. Sub. H. B. No. 110 134th G.A. 176 (C)(4) of this section. For each round, the director shall rank applications on the basis of the extent of positive economic impact each tax credit-eligible production is likely to have in this state and the effect on developing a permanent workforce in motion picture or theatrical production industries in the state. For the purpose of such ranking, the director shall give priority to tax-credit eligible productions that are television series or miniseries due to the long-term commitment typically associated with such productions. The economic impact ranking shall be based on the production company's total expenditures in this state directly associated with the tax credit-eligible production. The effect on developing a permanent workforce in the motion picture or theatrical production industries shall be evaluated first by the number of new jobs created and second by amount of payroll added with respect to employees in this state. The director shall approve productions in the order of their ranking, from those with the greatest positive economic impact and workforce development effect to those with the least positive economic impact and workforce development effect. (D) A production company whose motion picture or broadway theatrical production has been certified as a tax credit-eligible production shall engage, at the company's expense, an independent certified public accountant to examine the company's production, postproduction, and advertising and promotion expenditures to identify the expenditures that qualify as eligible expenditures. The certified public accountant shall issue a report to the company and to the director of development services certifying the company's eligible expenditures and any other information required by the director. Upon receiving and examining the report, the director may disallow any expenditure the director determines is not an eligible expenditure. If any expenditure disallowed under this division was included in the expenditure for a contract with a production contractor, the contractor's credit amount shall be reduced in proportion to such disallowed expenditure. If the director disallows an expenditure, the director shall issue a written notice to the production company or affected production contractor stating that the expenditure is disallowed and the reason for the disallowance. Upon examination of the report and disallowance of any expenditures, the director shall determine finally the lesser of the total budgeted eligible expenditures stated in the application submitted under division (B) of this section or the actual eligible expenditures for the purpose of computing the amount of the credit. (E) No credit shall be allowed under section 5726.55, 5733.59, 5747.66, or 5751.54 of the Revised Code unless the director has reviewed the report Am. Sub. H. B. No. 110 134th G.A. 177 and made the determination prescribed by division (D) of this section. (F) This state reserves the right to refuse the use of this state's name in the credits of any tax credit-eligible motion picture production or program of any broadway theatrical production. (G)(1) The director of development services in consultation with the tax commissioner shall adopt rules for the administration of this section, including rules setting forth and governing the criteria for determining whether a motion picture or broadway theatrical production is a tax credit-eligible production; activities that constitute the production or postproduction of a motion picture or broadway theatrical production; reporting sufficient evidence of reviewable progress; expenditures that qualify as eligible expenditures; a schedule and deadlines for applications to be submitted and reviewed; a competitive process for approving credits based on likely economic impact in this state and development of a permanent workforce in motion picture or theatrical production industries in this state; consideration of geographic distribution of credits; and implementation of the program described in division (H) of this section. The rules shall be adopted under Chapter 119. of the Revised Code. (2) To cover the administrative costs of the program, the director shall require each applicant to pay an application fee equal to the lesser of ten thousand dollars or one per cent of the estimated value of the tax credit as stated in the application. The fees collected shall be credited to the tax incentives operating fund created in section 122.174 of the Revised Code. All grants, gifts, fees, and contributions made to the director for marketing and promotion of the motion picture industry within this state shall also be credited to the fund. (H) The director of development services shall establish a program for the training of Ohio residents who are or wish to be employed in the film or multimedia industry. Under the program, the director shall: (1) Certify individuals as film and multimedia trainees. In order to receive such a certification, an individual must be an Ohio resident, have participated in relevant on-the-job training or have completed a relevant training course approved by the director, and have met any other requirements established by the director. (2) Accept applications from production companies that intend to hire and provide on-the-job training to one or more certified film and multimedia trainees who will be employed in the company's tax credit-eligible production. (3) Upon completion of a tax-credit eligible production, and upon the receipt of any salary information and other documentation required by the Am. Sub. H. B. No. 110 134th G.A. 178 director, authorize a reimbursement payment to each production company whose application was approved under division (H)(2) of this section. The payment shall equal fifty per cent of the salaries paid to film and multimedia trainees employed in the production. Sec. 122.851. (A) As used in this section: (1) "Venture capital operating company" has the same meaning as in 29 C.F.R. 2510.3-101. (2) "Ohio venture capital operating company" means a venture capital operating company certified by the director of development as having met the requirements prescribed by division (B) of this section. A venture capital operating company is an Ohio venture capital operating company only for so long as the certification is valid. (3) "Ohio business" means a business that, in either the calendar year in which a capital gain from the business is recognized by the Ohio venture capital operating company or its direct or indirect investors or the calendar year in which the Ohio venture capital operating company distributes an equity interest or security in the business, has its headquarters in this state and employs more than one-half of the total number of its full-time equivalent employees in this state. For the purpose of this section, an employee is employed in this state if the business is required to withhold income tax under section 5747.06 of the Revised Code for fifty per cent or more of the compensation paid to the employee in either the calendar year in which the Ohio venture capital operating company or its direct or indirect investors recognize a capital gain from the business or the calendar year in which the Ohio venture capital operating company distributes an equity interest or security in the business, as applicable. (4) "Qualifying interest" means a direct or indirect ownership interest acquired through an investment of cash or cash equivalent made in, or the provision of services to, a venture capital operating company during the period for which it was certified as an Ohio venture capital operating company. (B)(1) A venture capital operating company may apply to the director of development for certification as an Ohio venture capital operating company if it manages, or has capital commitments of, at least fifty million dollars in active assets and at least two-thirds of its managing and general partners are residents of Ohio under division (I) of section 5747.01 of the Revised Code. The director, in consultation with the tax commissioner, shall prescribe the form and manner of the application and the information or documentation required to be submitted with the application. (2) The director shall review and make a determination with respect to Am. Sub. H. B. No. 110 134th G.A. 179 each application submitted under this division within sixty days of receipt. The director shall grant certification to any applicant that meets the criteria prescribed by this division. The director shall decline certification of any applicant that does not meet such criteria. The director shall notify the applicant and the tax commissioner of the director's determination in writing. (C)(1) Certification as an Ohio venture capital operating company is valid for as long as the company continues to qualify as a venture capital operating company and meets the criteria prescribed by division (B)(1) of this section. (2) A company that no longer qualifies as a venture capital operating company or no longer meets the criteria prescribed by division (B)(1) of this section shall notify the director within thirty days of the date the company ceases to qualify. (3) Upon receiving such a notification or upon otherwise discovering that an Ohio venture capital operating company no longer qualifies for certification, the director shall issue a written notice of revocation to the venture capital operating company and the tax commissioner. The notice shall state the effective date of the revocation, which shall be the date the company ceased to qualify for certification as an Ohio venture capital operating company. (4) An Ohio venture capital operating company receiving such a notice may contest the director's decision to revoke its certification or the effective date of that revocation by submitting additional information or documentation to the director and requesting reconsideration in writing within thirty days of the notice of revocation based on that information or documentation. The director shall review and evaluate any such requests within thirty days of receipt. The director shall notify the company and tax commissioner in writing of the director's decision on the request, which shall not be subject to appeal or further review. (D)(1) On or after the first day of January and on or before the first day of February of each year, a company that is certified as an Ohio venture capital operating company shall provide the following information, on forms prescribed by the director of development, to the director and the tax commissioner: (a) The name, social security or federal employer identification number, and ownership percentage of each person with a qualifying interest in the company; (b) The amount of capital gains generated during the portion of the previous calendar year during which the company was certified as an Ohio Am. Sub. H. B. No. 110 134th G.A. 180 venture capital operating company; (c) A description of the company's investments that generated the capital gains described in division (D)(1)(b) of this section, including the date of sale and whether the investment was in an Ohio business; (d) The amount of, and basis in, any equity interests or securities distributed to each investor, arranged by entity, while the company was certified as an Ohio venture capital operating company and whether the entity is an Ohio business; (e) Any other information the director, in consultation with the tax commissioner, considers relevant and necessary to administer the deduction allowed under division (A)(35) of section 5747.01 of the Revised Code. (2) The director shall review the information submitted under division (D)(1) of this section by an Ohio venture capital operating company within sixty days of receipt. If the company generated capital gains that qualify for the deduction allowed under division (A)(35) of section 5747.01 of the Revised Code or distributed equity interests or securities that, when sold, will qualify for the deduction once income is recognized from its disposition, the director shall issue a certificate to the company. The certificate shall include a unique number and the following information: (a) The total amount of capital gains generated during the portion of the year during which the company was certified as an Ohio venture capital operating company; (b) The portion of the capital gains attributable to the company's investments in Ohio businesses; and (c) The total amount of, and basis in, any equity interests or securities distributed during the portion of the year during which the company was certified as an Ohio venture capital operating company; (d) The portion of the distributed equity interests or securities attributable to the company's investments in Ohio businesses; (e) The portion of the amounts described in divisions (D)(2)(a) and (b) of this section attributable to each individual with a qualifying interest in the company; (f) Any other information the director or tax commissioner considers necessary for the administration of the deduction allowed under division (A)(35) of section 5747.01 of the Revised Code. (E) An Ohio venture capital operating company shall provide each person with a qualifying interest in the company with a copy of the certificate issued under division (D) of this section and any other documentation necessary to compute the adjustments under division (A)(35) of section 5747.01 of the Revised Code. A pass-through entity that receives Am. Sub. H. B. No. 110 134th G.A. 181 a certificate issued under this division from an Ohio venture capital operating company shall provide its investors with a copy of the certificate and any other documentation necessary to compute the adjustments under division (A)(35) of section 5747.01 of the Revised Code. A taxpayer claiming a deduction under division (A)(35)(a) of section 5747.01 of the Revised Code shall provide, upon request of the tax commissioner, a copy of that certificate. The taxpayer shall retain a copy of the certificate for four years from the later of the final filing date of the return on which the deduction was claimed or the date the return on which the deduction was claimed is filed. (F) The director of development, in consultation with the tax commissioner, may adopt rules in accordance with Chapter 119. of the Revised Code as are necessary to administer this section. Sec. 122.87. As used in sections 122.87 to 122.90 of the Revised Code: (A) "Surety company" means a company that is authorized by the department of insurance to issue bonds as surety. (B) "Minority business" means any of the following occupations: (1) Minority construction contractor; (2) Minority seller; (3) Minority service vendor. (C) "Minority construction contractor" means a person who is both a construction contractor and an owner of a minority business enterprise certified under division (B) of section 123.151 122.921 of the Revised Code. (D) "Minority seller" means a person who is both a seller of goods and an owner of a minority business enterprise listed on the special minority business enterprise bid notification list under section 125.08 of the Revised Code. (E) "Minority service vendor" means a person who is both a vendor of services and an owner of a minority business enterprise listed on the special minority business enterprise bid notification list under section 125.08 of the Revised Code. (F) "Minority business enterprise" has the meaning given in section 122.71 of the Revised Code. (G) "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under section 123.152 122.922 of the Revised Code. Sec. 122.89. (A) The director of development services may execute bonds as surety for minority businesses as principals, on contracts with the Am. Sub. H. B. No. 110 134th G.A. 182 state, any political subdivision or instrumentality thereof, or any person as the obligee. The director as surety may exercise all the rights and powers of a company authorized by the department of insurance to execute bonds as surety but shall not be subject to any requirements of a surety company under Title XXXIX of the Revised Code nor to any rules of the department of insurance. (B) The director, with the advice of the minority development financing advisory board, shall adopt rules under Chapter 119. of the Revised Code establishing procedures for application for surety bonds by minority businesses and for review and approval of applications. The board shall review each application in accordance with the rules and, based on the bond worthiness of each applicant, shall refer all qualified applicants to the director. Based on the recommendation of the board, the director shall determine whether or not the applicant shall receive bonding. (C) The rules of the board shall require the minority business to pay a premium in advance for the bond to be established by the director, with the advice of the board after the director receives advice from the superintendent of insurance regarding the standard market rates for premiums for similar bonds. All premiums paid by minority businesses shall be paid into the minority business bonding program administrative and loss reserve fund. (D) The rules of the board shall provide for a retainage of money paid to the minority business or EDGE business enterprise of fifteen per cent for a contract valued at more than fifty thousand dollars and for a retainage of twelve per cent for a contract valued at fifty thousand dollars or less. (E) The penal sum amounts of all outstanding bonds issued by the director shall not exceed the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code. (F) The superintendent of insurance shall provide such technical and professional assistance as is considered necessary by the director, including providing advice regarding the standard market rates for bond premiums as described under division (C) of this section. (G) Notwithstanding any provision of the Revised Code to the contrary, a minority business or EDGE business enterprise may bid or enter into a contract with the state or with any instrumentality of the state without being required to provide a bond as follows: (1) For the first contract that a minority business or EDGE business enterprise enters into with the state or with any particular instrumentality of the state, the minority business or EDGE business enterprise may bid or Am. Sub. H. B. No. 110 134th G.A. 183 enter into a contract valued at twenty-five thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; (2) After the state or any particular instrumentality of the state has accepted the first contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a second contract with the state or with that particular instrumentality of the state valued at fifty thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; (3) After the state or any particular instrumentality of the state has accepted the second contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a third contract with the state or with that particular instrumentality of the state valued at one hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; (4) After the state or any particular instrumentality of the state has accepted the third contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a fourth contract with the state or with that particular instrumentality of the state valued at three hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; (5) After the state or any instrumentality of the state has accepted the fourth contract as completed and all subcontractors and suppliers on the contract have been paid, upon a showing that with respect to a contract valued at four hundred thousand dollars or less with the state or with any particular instrumentality of the state, that the minority business or EDGE business enterprise either has been denied a bond by two surety companies or that the minority business or EDGE business enterprise has applied to two surety companies for a bond and, at the expiration of sixty days after making the application, has neither received nor been denied a bond, the minority business or EDGE business enterprise may repeat its participation Am. Sub. H. B. No. 110 134th G.A. 184 in the unbonded state contractor program. Under no circumstances shall a minority business or EDGE business enterprise be permitted to participate in the unbonded state contractor program more than twice. (H) Notwithstanding any provision of the Revised Code to the contrary, a minority business or EDGE business enterprise may bid or enter into a contract with any political subdivision of the state or with any instrumentality of a political subdivision without being required to provide a bond as follows: (1) For the first contract that the minority business or EDGE business enterprise enters into with any particular political subdivision of the state or with any particular instrumentality of a political subdivision, the minority business or EDGE business enterprise may bid or enter into a contract valued at twenty-five thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; (2) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the first contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a second contract with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at fifty thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise is participating in a qualified contractor assistance program or has successfully completed a qualified contractor assistance program after October 16, 2009; (3) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the second contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a third contract with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at one hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; (4) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the third contract as completed and all subcontractors and suppliers on the contract have been paid, the minority business or EDGE business enterprise may bid or enter into a fourth contract Am. Sub. H. B. No. 110 134th G.A. 185 with that particular political subdivision of the state or with that particular instrumentality of a political subdivision valued at two hundred thousand dollars or less without being required to provide a bond, but only if the minority business or EDGE business enterprise has successfully completed a qualified contractor assistance program after October 16, 2009; (5) After any political subdivision of the state or any instrumentality of a political subdivision has accepted the fourth contract as completed and all subcontractors and suppliers on the contract have been paid, upon a showing that with respect to a contract valued at three hundred thousand dollars or less with any political subdivision of the state or any instrumentality of a political subdivision, that the minority business or EDGE business enterprise either has been denied a bond by two surety companies or that the minority business or EDGE business enterprise has applied to two surety companies for a bond and, at the expiration of sixty days after making the application, has neither received nor been denied a bond, the minority business or EDGE business enterprise may repeat its participation in the unbonded political subdivision contractor program. Under no circumstances shall a minority business or EDGE business enterprise be permitted to participate in the unbonded political subdivision contractor program more than twice. (I) Notwithstanding any provision of the Revised Code to the contrary, if a minority business or EDGE business enterprise has entered into two or more contracts with the state or with any instrumentality of the state, the minority business or EDGE business enterprise may bid or enter into a contract with a political subdivision of the state or with any instrumentality of a political subdivision valued at the level at which the minority business or EDGE business enterprise would qualify if entering into an additional contract with the state. (J) The director of development services shall coordinate and oversee the unbonded state contractor program described in division (G) of this section, the unbonded political subdivision contractor program described in division (H) of this section, and the approval of a qualified contractor assistance program. The director shall prepare an annual report and submit it to the governor and the general assembly on or before the first day of August that includes the following: information on the director's activities for the preceding calendar year regarding the unbonded state contractor program, the unbonded political subdivision contractor program, and the qualified contractor assistance program; a summary and description of the operations and activities of these programs; an assessment of the achievements of these programs; and a recommendation as to whether these Am. Sub. H. B. No. 110 134th G.A. 186 programs need to continue. (K) As used in this section: (1) "EDGE business enterprise" means an EDGE business enterprise certified under section 123.152 122.922 of the Revised Code. (2) "Qualified contractor assistance program" means an educational program or technical assistance program for business development that is designed to assist a minority business or EDGE business enterprise in becoming eligible for bonding and has been approved by the director of development services for use as required under this section. (3) "Successfully completed a qualified contractor assistance program" means the minority business or EDGE business enterprise completed such a program on or after October 16, 2009. (4) "Unbonded state contractor program" means the program described in division (G) of this section. (5) "Unbonded political subdivision contractor program" means the program described in division (H) of this section. Sec. 122.90. (A) The director of development may guarantee bonds executed by sureties for minority businesses and EDGE business enterprises certified under section 123.152 122.922 of the Revised Code as principals on contracts with the state, any political subdivision or instrumentality, or any person as the obligee. The director, as guarantor, may exercise all the rights and powers of a company authorized by the department of insurance to guarantee bonds under Chapter 3929. of the Revised Code but otherwise is not subject to any laws related to a guaranty company under Title XXXIX of the Revised Code nor to any rules of the department of insurance. (B) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures for the application for bond guarantees and the review and approval of applications for bond guarantees submitted by sureties that execute bonds eligible for guarantees under division (A) of this section. (C) In accordance with rules adopted pursuant to this section, the director may guarantee up to ninety per cent of the loss incurred and paid by sureties on bonds guaranteed under division (A) of this section. (D) The penal sum amounts of all outstanding guarantees made by the director under this section shall not exceed three times the difference between the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code and the amount of all outstanding bonds issued by the director in accordance with division (A) of section 122.89 of the Revised Code. (E) The director of development, with controlling board approval, may Am. Sub. H. B. No. 110 134th G.A. 187 approve one application per fiscal year from each surety bond company for bond guarantees in an amount requested to support one fiscal year of that company's activity under this section. A surety bond company that applies for a bond guarantee under this division, whether or not the guarantee is approved, is not restricted from also applying for individual bond guarantees under division (A) of this section. Sec. 122.92. There is hereby created in the department of development a minority business development division. The division shall do all of the following: (A) Provide technical, managerial, and counseling services and assistance to minority business enterprises; (B) Provide procurement and bid packaging assistance to minority business enterprises; (C) Provide bonding technical assistance to minority business enterprises; (D) Participate with other state departments and agencies as appropriate in developing specific plans and specific program goals for programs to assist in the establishment and development of minority business enterprises and establish regular performance monitoring and reporting systems to ensure that those goals are being achieved; (E) Implement state law and policy supporting minority business enterprise development, and assist in the coordination of plans, programs, and operations of state government which affect or may contribute to the establishment, preservation, and strengthening of minority business enterprises; (F) Assist in the coordination of activities and resources of state agencies and local governments, business and trade associations, universities, foundations, professional organizations, and volunteer and other groups, to promote the growth of minority business enterprises; (G) Establish a center for the development, collection, and dissemination of information that will be helpful to persons in establishing or expanding minority business enterprises in this state; (H) Design, implement, and assist in experimental and demonstration projects designed to overcome the special problems of minority business enterprises; (I) Coordinate reviews of all proposed state training and technical assistance activities in direct support of minority business enterprise programs to ensure consistency with program goals and to preclude duplication of efforts by other state agencies; (J) Recommend appropriate legislative or executive actions to enhance Am. Sub. H. B. No. 110 134th G.A. 188 minority business enterprise opportunities in the state; (K) Assist minority business enterprises in obtaining governmental or commercial financing for business expansion, establishment of new businesses, or industrial development projects; (L) Assist minority business enterprises in contract procurement from government and commercial sources; (M) Establish procedures to identify groups who have been disadvantaged because of racial, cultural, or ethnic circumstances without regard to the individual qualities of the members of the group; (N) Establish procedures to identify persons who have been economically disadvantaged; (O) Provide grant assistance to nonprofit entities that promote economic development, development corporations, community improvement corporations, and incubator business entities, if the entities or corporations focus on business, technical, and financial assistance to minority business enterprises to assist the enterprises with fixed asset financing; (P) Implement the minority business enterprise program described in section 122.921 of the Revised Code, the encouraging diversity, growth, and equity program described in section 122.922 of the Revised Code, the women-owned business enterprise program described in section 122.924 of the Revised Code, and the veteran-friendly business enterprise program described in section 122.925 of the Revised Code. (Q) Do all acts and things necessary or proper to carry out the powers expressly granted and duties imposed by sections 122.92 to 122.94 of the Revised Code. Sec. 123.151 122.921. (A) As used in this section, "minority business enterprise" has the same meaning as in division (E)(1) of section 122.71 of the Revised Code. (B)(1) The director of administrative services development shall make rules in accordance with Chapter 119. of the Revised Code establishing procedures by which minority businesses may apply to the equal employment opportunity coordinator department of development for certification as minority business enterprises. (2) The coordinator director shall approve the application of any minority business enterprise that complies with the rules adopted under this division. Any person adversely affected by an order of the coordinator director denying certification as a minority business enterprise may appeal as provided in Chapter 119. of the Revised Code. The coordinator director shall prepare and maintain a list of certified minority business enterprises. (C) The department of administrative services, every other Every state Am. Sub. H. B. No. 110 134th G.A. 189 agency authorized to enter into contracts for construction or contracts for purchases of equipment, materials, supplies, insurance, or services, and every port authority shall file a report every ninety days with the equal employment opportunity coordinator department of development. The report shall be filed at a time and in a form prescribed by the coordinator director of development. The report shall include the name of each minority business enterprise that the state agency or port authority entered into a contract with during the preceding ninety-day period and the total value and type of each such contract. No later than thirty days after the end of each fiscal year, the coordinatordirector shall notify in writing each state agency and port authority that has not complied with the reporting requirements of this division for the prior fiscal year. A copy of this notification regarding a state agency shall be submitted to the director of budget and management. No later than thirty days after the notification, the state agency or port authority shall submit to the coordinator director the information necessary to comply with the reporting requirements of this division. If, after the expiration of this thirty-day period, a state agency has not complied with the reporting requirements of this division, the coordinator director of development shall certify to the director of budget and management that the state agency has not complied with the reporting requirements. A copy of this certification shall be submitted to the state agency. Thereafter, no funds of the state agency shall be expended during the fiscal year for construction or purchases of equipment, materials, supplies, contracts of insurance, or services until the coordinator director of development certifies to the director of budget and management that the state agency has complied with the reporting requirements of this division for the prior fiscal year. If any port authority has not complied with the reporting requirement after the expiration of the thirty-day period, the coordinator director of development shall certify to the speaker of the house of representatives and the president of the senate that the port authority has not complied with the reporting requirements of this division. A copy of this certification shall be submitted to the port authority. Upon receipt of the certification, the speaker of the house of representatives and the president of the senate shall take such action or make such recommendations to the members of the general assembly as they consider necessary to correct the situation. Sec. 123.152 122.922. (A) As used in this section, "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the Am. Sub. H. B. No. 110 134th G.A. 190 director of administrative services development under this section of the Revised Code. (B) The director of administrative services development shall establish a business assistance program known as the encouraging diversity, growth, and equity program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program that do all of the following: (1) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture may apply for certification as an EDGE business enterprise; (2) Except as provided in division (B)(14) of this section, establish agency procurement goals for contracting with EDGE business enterprises in the award of contracts under Chapters 123., 125., and 153. of the Revised Code based on the availability of eligible program participants by region or geographic area, as determined by the director, and by standard industrial code or equivalent code classification. (a) Goals established under division (B)(2) of this section shall be based on a percentage level of participation and a percentage of contractor availability. (b) Goals established under division (B)(2) of this section shall be applied at the contract level, relative to an overall dollar goal for each state agency, in accordance with the following certification categories: construction, architecture, and engineering; professional services; goods and services; and information technology services. (3) Establish a system of certifying EDGE business enterprises based on a requirement that the business owner or owners show both social and economic disadvantage based on the following, as determined to be sufficient by the director: (a) Relative wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business; (b) Social disadvantage based on any of the following: (i) A rebuttable presumption when the business owner or owners demonstrate membership in a racial minority group or show personal disadvantage due to color, ethnic origin, gender, physical disability, long-term residence in an environment isolated from the mainstream of American society, location in an area of high unemployment; (ii) Some other demonstration of personal disadvantage not common to other small businesses; (iii) By business location in a qualified census tract. (c) Economic disadvantage based on economic and business size thresholds and eligibility criteria designed to stimulate economic Am. Sub. H. B. No. 110 134th G.A. 191 development through contract awards to businesses located in qualified census tracts. (4) Establish standards to determine when an EDGE business enterprise no longer qualifies for EDGE business enterprise certification; (5) Develop a process for evaluating and adjusting goals established by this section to determine what adjustments are necessary to achieve participation goals established by the director; (6) Establish a point system or comparable system to evaluate bid proposals to encourage EDGE business enterprises to participate in the procurement of professional design and information technology services; (7) Establish a system to track data and analyze each certification category established under division (B)(2)(b) of this section; (8) Establish a process to mediate complaints and to review EDGE business enterprise certification appeals; (9) Implement an outreach program to educate potential participants about the encouraging diversity, growth, and equity program; (10) Establish a system to assist state agencies in identifying and utilizing EDGE business enterprises in their contracting processes; (11) Implement a system of self-reporting by EDGE business enterprises as well as an on-site inspection process to validate the qualifications of an EDGE business enterprise; (12) Establish a waiver mechanism to waive program goals or participation requirements for those companies that, despite their best-documented efforts, are unable to contract with certified EDGE business enterprises; (13) Establish a process for monitoring overall program compliance in which equal employment opportunity officers primarily are responsible for monitoring their respective agencies; (14) Establish guidelines for state universities as defined in section 3345.011 of the Revised Code and the Ohio facilities construction commission created in section 123.20 of the Revised Code for awarding contracts pursuant to Chapters 153., 3318., and 3345. of the Revised Code to allow the universities and commission to establish agency procurement goals for contracting with EDGE business enterprises. (C) Business and personal financial information and trade secrets submitted by encouraging diversity, growth, and equity program applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program. Am. Sub. H. B. No. 110 134th G.A. 192 Sec. 123.153 122.923. (A) As used in this section: (1) "Minority business enterprise" has the same meaning as in section 123.151 122.921 of the Revised Code. (2) "EDGE business enterprise" has the same meaning as in section 123.152 122.922 of the Revised Code. (3) "Women-owned business enterprise" has the same meaning as in section 123.154 122.924 of the Revised Code. "Veteran-friendly business enterprise" has the same meaning as in section 122.925 of the Revised Code. (B) Not later than the first day of October in each year, the director of administrative services development shall submit a written report to the governor and to each member of the general assembly describing the progress made by state agencies in advancing the minority business enterprise program, the encouraging diversity, growth, and equity program, and the women-owned business enterprise program, and the veteran-friendly business enterprise program. The report shall highlight the initiatives implemented to encourage participation of minority-owned, socially and economically disadvantaged, and women-owned businesses, and veteran-friendly businesses in programs funded by state money or federal money received by the state. The report shall also include the total number of procurement contracts each agency has entered into with certified minority business enterprises, EDGE business enterprises, and women-owned business enterprises, and veteran-friendly business enterprises. Sec. 123.154 122.924. (A) As used in this section: "Women-owned business enterprise" means any individual, partnership, corporation, or joint venture of any kind that is owned and controlled by women who are United States citizens and residents of this state or of a reciprocal state. "Owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if it is a corporation, is owned by women and that such owners have control over the day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership. In order to qualify as a women-owned business, a business shall have been owned by such owners at least one year. (B) The director of administrative servicesdevelopment shall establish a business assistance program known as the women-owned business enterprise program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program that do all of the following: Am. Sub. H. B. No. 110 134th G.A. 193 (1) Establish procedures by which a business enterprise may apply for certification as a women-owned business enterprise; (2) Establish standards to determine when a women-owned business enterprise no longer qualifies for women-owned business enterprise certification; (3) Establish a system to make publicly available a list of women-owned business enterprises certified under this section; (4) Establish a process to mediate complaints and to review women-owned business enterprise certification appeals; (5) Implement an outreach program to educate potential participants about the women-owned business enterprise program; (6) Establish a system to assist state agencies in identifying and utilizing women-owned business enterprises in their contracting processes; (7) Implement a system of self-reporting by women-owned business enterprises as well as an on-site inspection process to validate the qualifications of women-owned business enterprises. (C) Business and personal financial information and trade secrets submitted by women-owned business enterprise applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program. (D) The director of administrative servicesdevelopment, upon approval of the attorney general, may enter into a reciprocal agreement with the appropriate officials of one or more states, when the other state has a business assistance program or programs substantially similar to the women-owned business enterprise program of this state. The agreement shall provide that a business certified by the other state as a women-owned business enterprise, which is owned and controlled by a resident or residents of that other state, shall be considered a women-owned business enterprise in this state under this section. The agreement shall provide that a women-owned business enterprise certified under this section, which is owned and controlled by a resident or residents of this state, shall be considered certified in the other state and eligible for programs of that state that provide an advantage or benefit to such businesses. Sec. 9.318 122.925. (A) As used in this section: "Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve component of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant Am. Sub. H. B. No. 110 134th G.A. 194 marine service during wartime; such other service as may be designated by congress; and the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days. "State agency" has the meaning defined in section 1.60 of the Revised Code. "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been honorably discharged or discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service. "Veteran-friendly business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture that meets veteran employment standards established by the director of administrative servicesdevelopment and the director of transportation under this section. (B) The director of administrative servicesdevelopment and the director of transportation shall establish and maintain the veteran-friendly business procurement program. The director of administrative servicesdevelopment shall adopt rules to administer the program for all state agencies except the department of transportation, and the director of transportation shall adopt rules to administer the program for the department of transportation. The rules shall be adopted under Chapter 119. of the Revised Code. The rules, as adopted separately by but with the greatest degree of consistency possible between the two directors, shall do all of the following: (1) Establish criteria, based on the percentage of an applicant's employees who are veterans, that qualifies an applicant for certification as a veteran-friendly business enterprise; (2) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture may apply for certification as a veteran-friendly business enterprise; (3) Establish procedures for certifying a sole proprietorship, association, partnership, corporation, limited liability company, or joint venture as a veteran-friendly business enterprise; (4) Establish standards for determining when a veteran-friendly business enterprise no longer qualifies for certification as a veteran-friendly business enterprise; (5) Establish procedures, to be used by state agencies or the department of transportation, for the evaluation and ranking of proposals, which provide preference or bonus points to each certified veteran-friendly business enterprise that submits a bid or other proposal for a contract with the state or Am. Sub. H. B. No. 110 134th G.A. 195 an agency of the state other than the department of transportation, or with the department of transportation, for the rendering of services, or the supplying of materials, or for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, highway, or other improvement; (6) Implement an outreach program to educate potential participants about the veteran-friendly business procurement program; and (7) Establish a process for monitoring overall performance of the veteran-friendly business procurement program. Sec. 122.98. (A) There is hereby created the Ohio aerospace and aviation technology committee, consisting of the following members: (1) Three members of the senate, appointed by the president of the senate, not more than two of whom may be members of the same political party; (2) Three members of the house of representatives, appointed by the speaker of the house of representatives, not more than two of whom may be members of the same political party; (3) Fifteen members representing the aviation, aerospace, or technology industry, the military, or academia. One such member shall be appointed by the governor, and fourteen such members shall be appointed by majority vote of the six members representing the senate and house of representatives. The legislative members of the committee shall be appointed not later than September 1, 2014, and the remaining members shall be appointed within ten days thereafter. The initial term of all members shall end on December 31, 2016. Thereafter, the term of all members shall end on the thirty-first day of December of the year following the year of appointment. Vacancies shall be filled in the manner of the original appointment. The first legislator appointed to the committee by the speaker of the house of representatives after the effective date of H.B. 292 of the 130th general assembly, September 17, 2014, shall serve as the first chairperson of the committee and shall serve until December 31, 2016. Every general assembly thereafter, the chairperson shall alternate between the first legislator appointed by the president of the senate and the first legislator appointed by the speaker of the house of representatives committee shall select a chairperson from among its legislative members. (B) The duties of the committee shall include, but are not limited to, all of the following: (1) Studying and developing comprehensive strategies to promote the aviation, aerospace, and technology industry throughout the state, including Am. Sub. H. B. No. 110 134th G.A. 196 through the commercialization of aviation, aerospace, and technology products and ideas; (2) Encouraging communication and resource-sharing among individuals and organizations involved in the aviation, aerospace, and technology industry, including business, the military, and academia; (3) Promoting research and development in the aviation, aerospace, and technology industry, including research and development of unmanned aerial vehicles; (4) Providing assistance related to military base realignment and closure. (C) The Ohio aerospace and aviation council shall serve as an advisory council to the committee. (D) The committee shall compile an annual report of its activities, findings, and recommendations and shall furnish a copy of the report to the governor, president of the senate, and speaker of the house of representatives not later than the thirty-first day of December of each year. Sec. 123.01. (A) The department of administrative services, in addition to those powers enumerated in Chapters 124. and 125. of the Revised Code and provided elsewhere by law, shall exercise the following powers: (1) To prepare and suggest comprehensive plans for the development of grounds and buildings under the control of a state agency; (2) To acquire, by purchase, gift, devise, lease, or grant, all real estate required by a state agency, in the exercise of which power the department may exercise the power of eminent domain, in the manner provided by sections 163.01 to 163.22 of the Revised Code; (3) To erect, supervise, and maintain all public monuments and memorials erected by the state, except where the supervision and maintenance is otherwise provided by law; (4) To procure, by lease, storage accommodations for a state agency; (5) To lease or grant easements or licenses for unproductive and unused lands or other property under the control of a state agency. Such leases, easements, or licenses may be granted to any person or entity, shall be for a period not to exceed fifteen years, unless a longer period is authorized by division (A)(5) of this section, and shall be executed for the state by the director of administrative services, provided that the. The director shall grant leases, easements, or licenses of university land for periods not to exceed twenty-five years for purposes approved by the respective university's board of trustees wherein the uses are compatible with the uses and needs of the university and may grant leases of university land for periods not to exceed forty years for purposes approved by the respective Am. Sub. H. B. No. 110 134th G.A. 197 university's board of trustees pursuant to section 123.17 of the Revised Code. The director may grant perpetual easements to public utilities, as defined in section 4905.02 of the Revised Code or described in section 4905.03 of the Revised Code. (6) To lease space for the use of a state agency; (7) To have general supervision and care of the storerooms, offices, and buildings leased for the use of a state agency; (8) To exercise general custodial care of all real property of the state; (9) To assign and group together state offices in any city in the state and to establish, in cooperation with the state agencies involved, rules governing space requirements for office or storage use; (10) To lease for a period not to exceed forty years, pursuant to a contract providing for the construction thereof under a lease-purchase plan, buildings, structures, and other improvements for any public purpose, and, in conjunction therewith, to grant leases, easements, or licenses for lands under the control of a state agency for a period not to exceed forty years. The lease-purchase plan shall provide that at the end of the lease period, the buildings, structures, and related improvements, together with the land on which they are situated, shall become the property of the state without cost. (a) Whenever any building, structure, or other improvement is to be so leased by a state agency, the department shall retain either basic plans, specifications, bills of materials, and estimates of cost with sufficient detail to afford bidders all needed information or, alternatively, all of the following plans, details, bills of materials, and specifications: (i) Full and accurate plans suitable for the use of mechanics and other builders in the improvement; (ii) Details to scale and full sized, so drawn and represented as to be easily understood; (iii) Accurate bills showing the exact quantity of different kinds of material necessary to the construction; (iv) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needed information; (v) A full and accurate estimate of each item of expense and of the aggregate cost thereof. (b) The department shall give public notice, in such newspaper, in such form, and with such phraseology as the director of administrative services prescribes, published once each week for four consecutive weeks, of the time when and place where bids will be received for entering into an agreement to lease to a state agency a building, structure, or other Am. Sub. H. B. No. 110 134th G.A. 198 improvement. The last publication shall be at least eight days preceding the day for opening the bids. The bids shall contain the terms upon which the builder would propose to lease the building, structure, or other improvement to the state agency. The form of the bid approved by the department shall be used, and a bid is invalid and shall not be considered unless that form is used without change, alteration, or addition. Before submitting bids pursuant to this section, any builder shall comply with Chapter 153. of the Revised Code. (c) On the day and at the place named for receiving bids for entering into lease agreements with a state agency, the director of administrative services shall open the bids and shall publicly proceed immediately to tabulate the bids upon duplicate sheets. No lease agreement shall be entered into until the bureau of workers' compensation has certified that the person to be awarded the lease agreement has complied with Chapter 4123. of the Revised Code, until, if the builder submitting the lowest and best bid is a foreign corporation, the secretary of state has certified that the corporation is authorized to do business in this state, until, if the builder submitting the lowest and best bid is a person nonresident of this state, the person has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought under Chapter 4123. of the Revised Code, and until the agreement is submitted to the attorney general and the attorney general's approval is certified thereon. Within thirty days after the day on which the bids are received, the department shall investigate the bids received and shall determine that the bureau and the secretary of state have made the certifications required by this section of the builder who has submitted the lowest and best bid. Within ten days of the completion of the investigation of the bids, the department shall award the lease agreement to the builder who has submitted the lowest and best bid and who has been certified by the bureau and secretary of state as required by this section. If bidding for the lease agreement has been conducted upon the basis of basic plans, specifications, bills of materials, and estimates of costs, upon the award to the builder the department, or the builder with the approval of the department, shall appoint an architect or engineer licensed in this state to prepare such further detailed plans, specifications, and bills of materials as are required to construct the building, structure, or improvement. The department shall adopt such rules as are necessary to give effect to this section. The department may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected. Am. Sub. H. B. No. 110 134th G.A. 199 (11) To acquire by purchase, gift, devise, or grant and to transfer, lease, or otherwise dispose of all real property required to assist in the development of a conversion facility as defined in section 5709.30 of the Revised Code as that section existed before its repeal by Amended Substitute House Bill 95 of the 125th general assembly; (12) To lease for a period not to exceed forty years, notwithstanding any other division of this section, the state-owned property located at 408-450 East Town Street, Columbus, Ohio, formerly the state school for the deaf, to a developer in accordance with this section. "Developer," as used in this section, has the same meaning as in section 123.77 of the Revised Code. Such a lease shall be for the purpose of development of the land for use by senior citizens by constructing, altering, renovating, repairing, expanding, and improving the site as it existed on June 25, 1982. A developer desiring to lease the land shall prepare for submission to the department a plan for development. Plans shall include provisions for roads, sewers, water lines, waste disposal, water supply, and similar matters to meet the requirements of state and local laws. The plans shall also include provision for protection of the property by insurance or otherwise, and plans for financing the development, and shall set forth details of the developer's financial responsibility. The department may employ, as employees or consultants, persons needed to assist in reviewing the development plans. Those persons may include attorneys, financial experts, engineers, and other necessary experts. The department shall review the development plans and may enter into a lease if it finds all of the following: (a) The best interests of the state will be promoted by entering into a lease with the developer; (b) The development plans are satisfactory; (c) The developer has established the developer's financial responsibility and satisfactory plans for financing the development. The lease shall contain a provision that construction or renovation of the buildings, roads, structures, and other necessary facilities shall begin within one year after the date of the lease and shall proceed according to a schedule agreed to between the department and the developer or the lease will be terminated. The lease shall contain such conditions and stipulations as the director considers necessary to preserve the best interest of the state. Moneys received by the state pursuant to this lease shall be paid into the general revenue fund. The lease shall provide that at the end of the lease period the buildings, structures, and related improvements shall become the property of the state without cost. Am. Sub. H. B. No. 110 134th G.A. 200 (13) To manage the use of space owned and controlled by the department by doing all of the following: (a) Biennially implementing, by state agency location, a census of agency employees assigned space; (b) Periodically in the discretion of the director of administrative services: (i) Requiring each state agency to categorize the use of space allotted to the agency between office space, common areas, storage space, and other uses, and to report its findings to the department; (ii) Creating and updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics. (iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings; (iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus. (c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility. (14) To adopt rules to ensure that energy efficiency and conservation is considered in the purchase of products and equipment, except motor vehicles, by any state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution. The department may require minimum energy efficiency standards for purchased products and equipment based on federal testing and labeling if available or on standards developed by the department. When possible, the rules shall apply to the competitive selection of energy consuming systems, components, and equipment under Chapter 125. of the Revised Code. (15) To ensure energy efficient and energy conserving purchasing practices by doing all of the following: (a) Identifying available energy efficiency and conservation opportunities; (b) Providing for interchange of information among purchasing agencies; (c) Identifying laws, policies, rules, and procedures that should be modified; (d) Monitoring experience with and the cost-effectiveness of this state's purchase and use of motor vehicles and of major energy-consuming systems, components, equipment, and products having a significant impact Am. Sub. H. B. No. 110 134th G.A. 201 on energy consumption by the government; (e) Providing technical assistance and training to state employees involved in the purchasing process; (f) Working with the department of development services agency to make recommendations regarding planning and implementation of purchasing policies and procedures that are supportive of energy efficiency and conservation. (16) To require all state agencies, departments, divisions, bureaus, offices, units, commissions, boards, authorities, quasi-governmental entities, institutions, and state institutions of higher education to implement procedures to ensure that all of the passenger automobiles they acquire in each fiscal year, except for those passenger automobiles acquired for use in law enforcement or emergency rescue work, achieve a fleet average fuel economy of not less than the fleet average fuel economy for that fiscal year as the department shall prescribe by rule. The department shall adopt the rule prior to the beginning of the fiscal year, in accordance with the average fuel economy standards established by federal law for passenger automobiles manufactured during the model year that begins during the fiscal year. Each state agency, department, division, bureau, office, unit, commission, board, authority, quasi-governmental entity, institution, and state institution of higher education shall determine its fleet average fuel economy by dividing the total number of passenger vehicles acquired during the fiscal year, except for those passenger vehicles acquired for use in law enforcement or emergency rescue work, by a sum of terms, each of which is a fraction created by dividing the number of passenger vehicles of a given make, model, and year, except for passenger vehicles acquired for use in law enforcement or emergency rescue work, acquired during the fiscal year by the fuel economy measured by the administrator of the United States environmental protection agency, for the given make, model, and year of vehicle, that constitutes an average fuel economy for combined city and highway driving. As used in division (A)(16) of this section, "acquired" means leased for a period of sixty continuous days or more, or purchased. (17) To correct legal descriptions or title defects, or release fractional interests in real property, as necessary to cure title clouds reflected in public records, including those resulting from boundary disputes, ingress or egress issues, title transfers precipitated through retirement of bond requirements, and the retention of fractional interests in real estate otherwise disposed of in previous title transfers. Am. Sub. H. B. No. 110 134th G.A. 202 (18) To, with controlling board approval, sell state-owned real property that is appraised at not more than one hundred thousand dollars by an independent third-party appraiser. Notwithstanding any provision of law to the contrary, net proceeds from any disposition of real property made pursuant to division (A)(18) of this section shall, at the direction of the director of budget and management, be credited to a fund or funds in the state treasury, or to accounts held by a state institution of higher education for purposes to be determined by the institution. (B) This section and section 125.02 of the Revised Code shall not interfere with any of the following: (1) The power of the adjutant general to purchase military supplies, or with the custody of the adjutant general of property leased, purchased, or constructed by the state and used for military purposes, or with the functions of the adjutant general as director of state armories; (2) The power of the director of transportation in acquiring rights-of-way for the state highway system, or the leasing of lands for division or resident district offices, or the leasing of lands or buildings required in the maintenance operations of the department of transportation, or the purchase of real property for garage sites or division or resident district offices, or in preparing plans and specifications for and constructing such buildings as the director may require in the administration of the department; (3) The power of the director of public safety and the registrar of motor vehicles to purchase or lease real property and buildings to be used solely as locations to which a deputy registrar is assigned pursuant to division (B) of section 4507.011 of the Revised Code and from which the deputy registrar is to conduct the deputy registrar's business, the power of the director of public safety to purchase or lease real property and buildings to be used as locations for division or district offices as required in the maintenance of operations of the department of public safety, and the power of the superintendent of the state highway patrol in the purchase or leasing of real property and buildings needed by the patrol, to negotiate the sale of real property owned by the patrol, to rent or lease real property owned or leased by the patrol, and to make or cause to be made repairs to all property owned or under the control of the patrol; (4) The power of the division of liquor control in the leasing or purchasing of retail outlets and warehouse facilities for the use of the division; (5) The power of the director of development services to enter into Am. Sub. H. B. No. 110 134th G.A. 203 leases of real property, buildings, and office space to be used solely as locations for the state's foreign offices to carry out the purposes of section 122.05 of the Revised Code; (6) The power of the director of environmental protection to enter into environmental covenants, to grant and accept easements, or to sell property pursuant to division (G) of section 3745.01 of the Revised Code; (7) The power of the department of public safety under section 5502.01 of the Revised Code to direct security measures and operations for the Vern Riffe center and the James A. Rhodes state office tower. The department of administrative services shall implement all security measures and operations at the Vern Riffe center and the James A. Rhodes state office tower as directed by the department of public safety. (C) Purchases for, and the custody and repair of, buildings under the management and control of the capitol square review and advisory board, the opportunities for Ohioans with disabilities agency, the bureau of workers' compensation, or the departments of public safety, job and family services, mental health and addiction services, developmental disabilities, and rehabilitation and correction; buildings of educational and benevolent institutions under the management and control of boards of trustees; and purchases or leases for, and the custody and repair of, office space used for the purposes of any agency of the legislative branch of state government are not subject to the control and jurisdiction of the department of administrative services. An agency of the legislative branch of state government that uses office space in a building under the management and control of the department of administrative services may exercise the agency's authority to improve the agency's office space as authorized under this division only if, upon review, the department of administrative services concludes the proposed improvements do not adversely impact the structural integrity of the building. If an agency of the legislative branch of state government, except the capitol square review and advisory board, so requests, the agency and the director of administrative services may enter into a contract under which the department of administrative services agrees to perform any services requested by the agency that the department is authorized under this section to perform. In performing such services, the department shall not use competitive selection. As used in this division, "competitive selection" has the meaning defined in section 125.01 of the Revised Code and includes any other type of competitive process for the selection of persons producing or dealing in the services to be provided. Am. Sub. H. B. No. 110 134th G.A. 204 (D) Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code. Sec. 123.02. The director of administrative services shall be appointed superintendent of public works and shall have the care and control of the public works of the state and shall protect, maintain, and keep them in repair. Subject to the approval of the governor, the director may purchase on behalf of the state such real or personal property, rights, or privileges as are necessary, in the director's judgment, to acquire in the maintenance of the public works or their improvement. The document that evidences the vesting of any right, title, or interest in real property, other than public lands, belonging to or used by the state shall be recorded in the office of the county recorder of the county in which the property is situated. When recorded, such document and related papers shall be deposited with the director of administrative services and kept in the director of administrative services' office, except that evidence of title to highway rights-of-way shall be deposited with the director of transportation and kept in the director of transportation's office. The director of administrative services shall register the document, except title to highway rights-of-way, in a record system prepared for that purpose and open for inspection by all persons interested. Any instrument by which the state or an agency of the state acquires real property pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code. Sec. 124.136. (A) As used in this section: (1) "Fetal death" has the same meaning as in section 3705.01 of the Revised Code. (2) "Stillborn" means that an infant of at least twenty weeks of gestation suffered a fetal death. (B)(1) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (3), or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who meets the requirement of division (A)(2) (B)(2)(a) of this section is eligible, upon the birth, stillbirth, or adoption of a child, for a parental leave of absence and parental leave benefits under this section. Parental leave of absence shall begin on the day of the birth of a child or on the day on which custody of a child is taken for adoption placement by the prospective parents If the Am. Sub. H. B. No. 110 134th G.A. 205 employee takes leave under this section for a stillbirth, the employee is ineligible for leave under section 124.387 of the Revised Code. (2)(a) To be eligible for leave and benefits under this section, an employee must be a one of the following: (i) A parent, as listed on the birth certificate, of a newly born child or the; (ii) A parent, as listed on the fetal death certificate, of a stillborn child; (iii) A legal guardian of and reside in the same household as a newly adopted child. (b) Employees may elect to receive two five thousand dollars for adoption expenses in lieu of receiving the paid leave benefit provided under this section. Such payment may be requested upon placement of the child in the employee's home. If the child is already residing in the home, payment may be requested at the time the adoption is approved. (3) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day parental leave of absence begins shall be used to determine eligibility and benefits under this section for part-time employees, but such benefits shall not exceed forty hours per week. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility and benefits under this section. (B)(C) Parental leave granted under this section shall not exceed six continuous consecutive weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. Parental leave shall be taken within one year of the birth of the child, delivery of the stillborn child, or placement of the child for adoption. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay. All of the following apply to employees granted parental leave: (1) They remain eligible to receive all employer-paid benefits and continue to accrue all other forms of paid leave as if they were in active pay status. (2) They are ineligible to receive overtime pay, and no portion of their Am. Sub. H. B. No. 110 134th G.A. 206 parental leave shall be included in calculating their overtime pay. (3) They are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of parental leave and be paid as such. (C)(D) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to be paid during the fourteen-day waiting period and to supplement the seventy per cent of their base rate of pay received during the remaining part of their parental leave period, in an amount sufficient to give them up to one hundred per cent of their pay for time on parental leave. Use of parental leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29 U.S.C.A. 2601, except that parental leave shall be included in any leave time provided under that act. An employee may not receive parental leave under this section after exhausting leave under the Family and Medical Leave Act of 1993 for the birth of the child, delivery of the stillborn child, or placement of the child for adoption. (D)(E) Employees receiving disability leave benefits under section 124.385 of the Revised Code prior to becoming eligible for parental leave shall continue to receive disability leave benefits for the duration of their disabling condition or as otherwise provided under the disability leave benefits program. If an employee is receiving disability leave benefits because of pregnancy and these benefits expire prior to the expiration date of any benefits the employee would have been entitled to receive under this section, the employee shall receive parental leave for such additional time without being required to serve an additional waiting period if the parental leave is contiguous to the disability leave. Sec. 124.1312. (A) As used in this section: (1) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code. (2) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code. (B) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (3), or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who is a foster caregiver or kinship caregiver is eligible, on placement of a child in the employee's home, to a maximum of five days of caregiver leave with full pay in a calendar year. Caregiver leave eligibility begins on the day on which the Am. Sub. H. B. No. 110 134th G.A. 207 child is placed with the prospective foster caregiver or kinship caregiver. (C) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day caregiver leave begins shall be used to determine eligibility for leave under this section for part-time employees. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility for leave under this section. (D) Use of caregiver leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 29 U.S.C. 2601, except that caregiver leave shall be included in any leave time provided under that act. (E) The director of administrative services may adopt rules in accordance with Chapter 119. of the Revised Code governing caregiver leave established under this section. Sec. 124.152. (A)(1) Except as provided in division (A)(2) of this section, each exempt employee shall be paid a salary or wage in accordance with schedule E-1 or schedule E-2 of division (B) of this section. (2) Each exempt employee who holds a position in the unclassified civil service pursuant to division (A)(26) or (30) of section 124.11 of the Revised Code may be paid a salary or wage in accordance with schedule E-1 or schedule E-2 of division (B) of this section, as applicable. (B)(1) Each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates as of the pay period that includes July 1, 2018 2021: Schedule E-1 Pay Ranges and Step Values Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Range 1 Hourly 11.14 12.14 11.64 12.69 12.13 13.21 12.66 13.80 Annually 23171 25251 24211 26395 25230 27476 26333 28704 2 Hourly 13.51 14.73 14.09 15.36 14.69 16.01 15.34 16.72 Annually 28101 30638 29307 31948 30555 33300 31907 34777 3 Hourly 14.16 15.44 14.79 16.13 15.45 16.84 16.11 17.56 Annually 29453 32115 30763 33550 32136 35027 33509 36524 Am. Sub. H. B. No. 110 134th G.A. 208 4 Hourly 14.86 16.20 15.53 16.93 16.28 17.75 16.98 18.51 Annually 30909 33696 32302 35214 33862 36920 35318 38500 5 Hourly 15.59 17.00 16.31 17.78 16.98 18.51 17.73 19.33 Annually 32427 35360 33925 36982 35318 38500 36878 40206 6 Hourly 16.43 17.91 17.12 18.66 17.86 19.47 18.60 20.27 Annually 34174 37252 35610 38812 37149 40497 38688 42161 7 Hourly 17.44 19.01 18.09 19.72 18.84 20.54 19.49 21.25 20.25 22.07 Annually 36275 39540 37627 41017 39187 42723 40539 44200 42120 45905 8 Hourly 18.44 20.11 19.27 21.00 20.09 21.90 20.99 22.89 21.99 23.97 Annually 38355 41828 40082 43680 41787 45552 43659 47611 45739 49857 9 Hourly 19.68 21.45 20.69 22.56 21.71 23.67 22.80 24.85 23.95 26.11 Annually 40934 44616 43035 46924 45157 49233 47424 51688 49816 54308 10 Hourly 21.23 23.13 22.39 24.41 23.59 25.72 24.95 27.20 26.28 28.64 Annually 44158 48110 46571 50772 49067 53497 51896 56576 54662 59571 11 Hourly 23.12 25.20 24.46 26.66 25.87 28.20 27.34 29.80 28.89 31.49 Annually 48090 52416 50877 55452 53810 58656 58867 61984 60091 65499 12 Hourly 25.50 27.80 26.93 29.36 28.38 30.93 29.95 32.64 31.62 34.46 33.33 36.34 34.70 37.82 36.33 39.60 Annually 53040 57824 56014 61068 59030 64334 62296 67891 65770 71676 69326 75587 72176 78665 75566 82368 13 Hourly 28.11 30.64 29.65 32.32 31.28 34.09 32.94 35.92 34.81 37.95 36.69 39.99 38.19 41.63 39.99 43.59 Annually 58469 63731 61672 67225 65062 70907 68515 74713 72405 78936 76315 83179 79435 86590 83179 90667 14 Hourly 30.91 33.69 32.66 35.61 34.42 37.52 36.29 39.56 38.35 41.80 40.48 44.13 42.15 45.95 44.13 48.10 Annually 64293 70075 67933 74068 71594 78041 75483 82284 79768 86944 84198 91790 87672 95576 91790 100048 15 Hourly 33.96 37.02 35.86 39.10 37.89 41.30 39.97 43.57 42.19 45.99 44.51 48.51 46.33 50.50 48.51 52.88 Annually 70637 77001 74589 81328 78811 85904 83138 90625 87755 95659 92581 100900 96366 105040 100901 109990 16 Hourly 37.44 40.81 39.52 43.08 41.69 45.45 44.03 48.00 46.45 50.63 49.11 53.53 51.12 55.73 53.52 58.34 Annually 77875 84884 82202 89606 86715 94536 91582 99840 96616 105310 102149 111342 106330 115918 111322 121347 17 Hourly 41.25 44.96 43.52 47.44 45.96 50.10 48.50 52.86 51.21 55.83 54.06 58.94 Am. Sub. H. B. No. 110 134th G.A. 209 Annually 85800 93516 90522 98675 95597 104208 100880 109948 106517 116126 112445 122595 18 Hourly 45.46 49.55 47.97 52.29 50.68 55.24 53.46 58.28 56.42 61.50 59.57 64.94 Annually 94557 103064 99778 108763 105414 114899 111197 121222 117354 127920 123906 135075 Schedule E-2 Range Minimum Maximum 41 Hourly 16.23 44.93 48.99 Annually 33758 93454 101899 42 Hourly 17.89 49.62 54.09 Annually 37211 103210 112507 43 Hourly 19.70 54.65 59.56 Annually 40976 113672 123884 44 Hourly 21.73 59.70 65.08 Annually 45198 124176 135366 45 Hourly 24.01 65.18 71.05 Annually 49941 135574 147784 46 Hourly 26.43 71.23 77.65 Annually 54974 148158 161512 47 Hourly 29.14 77.74 84.75 Annually 60611 161699 176280 48 Hourly 32.14 84.82 92.45 Annually 66851 176426 192296 49 Hourly 35.44 91.58 99.83 Annually 73715 190486 207646 (2) Each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates as of the pay period that includes July 1, 2019 2022: Schedule E-1 Pay Ranges and Step Values Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Range 1 Hourly 11.45 12.50 11.96 13.07 12.46 13.61 13.01 14.21 Annually 23816 26000 24877 27185 25917 28308 27061 29556 2 Hourly 13.88 15.17 14.48 15.82 15.09 16.49 15.76 17.22 Annually 28870 31553 30118 32905 31387 34299 32781 35817 3 Hourly 14.55 15.90 15.20 16.61 15.87 17.35 16.55 18.09 Annually 30264 33072 31616 34548 33010 36088 34424 37627 4 Hourly 15.27 16.69 15.96 17.44 16.73 18.28 17.45 19.07 Annually 31762 34715 33197 36275 34798 38022 36296 39665 5 Hourly 16.02 17.51 16.76 18.31 17.45 19.07 18.22 19.91 Am. Sub. H. B. No. 110 134th G.A. 210 Annually 33322 36420 34861 38084 36296 39665 37898 41412 6 Hourly 16.88 18.45 17.59 19.22 18.35 20.05 19.11 20.88 Annually 35110 38376 36587 39977 38168 41704 39749 43430 7 Hourly 17.92 19.58 18.59 20.31 19.36 21.16 20.03 21.89 20.81 22.73 Annually 37274 40726 38667 42244 40269 44012 41662 45531 43285 47278 8 Hourly 18.95 20.71 19.80 21.63 20.64 22.56 21.57 23.58 22.59 24.69 Annually 39416 43076 41184 44990 42931 46924 44866 49046 46987 51355 9 Hourly 20.22 22.09 21.26 23.24 22.31 24.38 23.43 25.60 24.61 26.89 Annually 42058 45947 44221 48339 46405 50710 48734 53248 51189 55931 10 Hourly 21.81 23.82 23.01 25.14 24.24 26.49 25.64 28.02 27.00 29.50 Annually 45365 49545 47861 52291 50419 55099 53331 58281 56160 61360 11 Hourly 23.76 25.96 25.13 27.46 26.58 29.05 28.09 30.69 29.68 32.43 Annually 49421 53996 52270 57116 55286 60424 58427 63835 61734 67454 12 Hourly 26.20 28.63 27.67 30.24 29.16 31.86 30.77 33.62 32.49 35.49 34.25 37.43 35.65 38.95 37.33 40.79 Annually 54496 59550 57554 62889 60653 66268 64002 69929 67579 73819 71240 77854 74152 81016 77646 84843 13 Hourly 28.88 31.56 30.47 33.29 32.14 35.11 33.85 37.00 35.77 39.09 37.70 41.19 39.24 42.88 41.09 44.90 Annually 60070 65644 63378 69243 66851 73028 70408 76960 74402 81307 78416 85675 81619 89190 85467 93392 14 Hourly 31.76 34.70 33.56 36.68 35.37 38.65 37.29 40.75 39.40 43.05 41.59 45.45 43.31 47.33 45.34 49.54 Annually 66061 72176 69805 76294 73570 80392 77563 84760 81952 89544 86507 94536 90085 98446 94307 103043 15 Hourly 34.89 38.13 36.85 40.27 38.93 42.54 41.07 44.88 43.35 47.37 45.73 49.97 47.60 52.02 49.84 54.47 Annually 72571 79310 76648 83761 80974 88483 85426 93350 90168 98529 95118 103937 99008 108201 103667 113297 16 Hourly 38.47 42.03 40.61 44.37 42.84 46.81 45.24 49.44 47.73 52.15 50.46 55.14 52.53 57.40 54.99 60.09 Annually 80018 87422 84469 92289 89107 97364 94099 102835 99278 108472 104957 114691 109262 119392 114379 124987 17 Hourly 42.38 46.31 44.72 48.86 47.22 51.60 49.83 54.45 52.62 57.50 55.55 60.71 Annually 88150 96324 93018 101628 98218 107328 103646 113256 109450 119600 115544 126276 18 Hourly 46.71 51.04 49.29 53.86 52.07 56.90 54.93 60.03 57.97 63.35 61.21 66.89 Annually 97157 106163 102523 112028 108306 118352 114254 124862 120578 131768 127317 139131 Am. Sub. H. B. No. 110 134th G.A. 211 Schedule E-2 Range Minimum Maximum 41 Hourly 16.23 46.1750.46 Annually 33758 96034104956 42 Hourly 17.89 50.9855.71 Annually 37211 106038115,876 43 Hourly 19.70 56.1561.35 Annually 40976 116792127608 44 Hourly 21.73 61.3467.03 Annually 45198 127587139422 45 Hourly 24.01 66.9773.18 Annually 49941 139298152214 46 Hourly 26.43 73.1979.98 Annually 54974 152235166358 47 Hourly 29.14 79.8887.29 Annually 60611 166150181563 48 Hourly 32.14 87.1595.22 Annually 66851 181272198057 49 Hourly 35.44 94.10102.82 Annually 73715 195728213865 (3) Each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates as of the pay period that includes July 1, 2020 2023: Schedule E-1 Pay Ranges and Step Values Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Range 1 Hourly 11.79 12.88 12.32 13.46 12.83 14.02 13.40 14.64 Annually 24523 26790 25626 27996 26686 29161 27872 30451 2 Hourly 14.30 15.63 14.91 16.29 15.54 16.98 16.23 17.74 Annually 29744 32510 31013 33883 32323 35318 33758 36899 3 Hourly 14.99 16.38 15.66 17.11 16.35 17.87 17.05 18.63 Annually 31179 34070 32573 35588 34008 37169 35464 38750 4 Hourly 15.73 17.19 16.44 17.96 17.23 18.83 17.97 19.64 Annually 32718 35755 34195 37356 35838 39166 37378 40851 5 Hourly 16.50 18.04 17.26 18.86 17.97 19.64 18.77 20.51 Annually 34320 37523 35901 39228 37378 40851 39042 42660 6 Hourly 17.39 19.00 18.12 19.80 18.90 20.65 19.68 21.51 Annually 36171 39520 37690 41184 39312 42952 40934 44740 Am. Sub. H. B. No. 110 134th G.A. 212 7 Hourly 18.46 20.17 19.15 20.92 19.94 21.79 20.63 22.55 21.43 23.41 Annually 38397 41953 39832 43513 41475 45323 42910 46904 44574 48692 8 Hourly 19.52 21.33 20.39 22.28 21.26 23.24 22.22 24.29 23.27 25.43 Annually 40602 44366 42411 46342 44221 48339 46218 50523 48402 52894 9 Hourly 20.83 22.75 21.90 23.94 22.98 25.11 24.13 26.37 25.35 27.70 Annually 43326 47320 45552 49795 47798 52228 50190 54849 52728 57616 10 Hourly 22.46 24.53 23.70 25.89 24.97 27.28 26.41 28.86 27.81 30.39 Annually 46717 51022 49296 53851 51938 56742 54933 60028 57845 63211 11 Hourly 24.47 26.74 25.88 28.28 27.38 29.92 28.93 31.61 30.57 33.40 Annually 50898 55619 53830 58822 56950 62233 60174 65748 63586 69472 12 Hourly 26.99 29.49 28.50 31.15 30.03 32.82 31.69 34.63 33.46 36.55 35.28 38.55 36.72 40.12 38.45 42.01 Annually 56139 61339 59280 64792 62462 68265 65915 72030 69597 76024 73382 80184 76378 83449 79976 87380 13 Hourly 29.75 32.51 31.38 34.29 33.10 36.16 34.87 38.11 36.84 40.26 38.83 42.43 40.42 44.17 42.32 46.25 Annually 61880 67620 65270 71323 68848 75212 72530 79268 76627 83740 80766 88254 84074 91873 88026 96200 14 Hourly 32.71 35.74 34.57 37.78 36.43 39.81 38.41 41.97 40.58 44.34 42.84 46.81 44.61 48.75 46.70 51.03 Annually 68037 74339 71906 78582 75774 82804 79893 87297 84406 92227 89107 97364 92789 101400 97136 106142 15 Hourly 35.94 39.27 37.96 41.48 40.10 43.82 42.30 46.23 44.65 48.79 47.10 51.47 49.03 53.58 51.34 56.10 Annually 74755 81681 78957 86278 83408 91145 87984 96158 92872 101483 97968 107057 101982 111446 106787 116688 16 Hourly 39.62 43.29 41.83 45.70 44.13 48.21 46.60 50.92 49.16 53.71 51.97 56.79 54.11 59.12 56.64 61.89 Annually 82410 90043 87006 95056 91790 100276 96928 105913 102253 111716 108098 118123 112549 122969 117811 128731 17 Hourly 43.65 47.70 46.06 50.33 48.64 53.15 51.32 56.08 54.20 59.23 57.22 62.53 Annually 90792 99216 95805 104686 101171 110552 106746 116646 112736 123198 119018 130062 18 Hourly 48.11 52.57 50.77 55.48 53.63 58.61 56.58 61.83 59.71 65.25 63.05 68.90 Annually 100069 109345 105602 115398 111550 121908 117686 128606 124197 135720 131144 143312 Schedule E-2 Range Minimum Maximum 41 Hourly 16.23 47.5651.97 Annually 33758 98925108097 42 Hourly 17.89 52.5157.38 Annually 37211 109221119350 Am. Sub. H. B. No. 110 134th G.A. 213 43 Hourly 19.70 57.8363.19 Annually 40976 120286131435 44 Hourly 21.73 63.1869.04 Annually 45198 131414143603 45 Hourly 24.01 68.9875.38 Annually 49941 143478156790 46 Hourly 26.43 75.3982.38 Annually 54974 156811171350 47 Hourly 29.14 82.2889.91 Annually 60611 171142187012 48 Hourly 32.14 89.7698.08 Annually 66851 186701204006 49 Hourly 35.44 96.92105.90 Annually 73715 201594220272 (C) As used in this section: (1) "Exempt employee" means a permanent full-time or permanent part-time employee paid directly by warrant of the director of budget and management whose position is included in the job classification plan established under division (A) of section 124.14 of the Revised Code but who is not considered a public employee for the purposes of Chapter 4117. of the Revised Code. "Exempt employee" also includes a permanent full-time or permanent part-time employee of the secretary of state, auditor of state, treasurer of state, or attorney general who has not been placed in an appropriate bargaining unit by the state employment relations board. (2) "Base rate of pay" means the rate of pay established under schedule E-1 of this section, plus the supplement provided under division (E) of section 124.181 of the Revised Code, plus any supplements enacted into law that are added to schedule E-1 of this section. Sec. 124.19. (A) State holidays shall be the first day of January, the third Monday in January, the third Monday in February, the day designated in the "Act of June 28, 1968," 82 Stat. 250, 5 U.S.C. 6103, as amended, for the commemoration of Memorial day, the nineteenth day of June, the fourth day of July, the first Monday in September, the second Monday in October, the eleventh day of November, the fourth Thursday in November, the twenty-fifth day of December, and any day appointed and recommended by the governor of this state or the president of the United States. Employees shall be paid for these holidays as specified in section 124.18 of the Revised Code. (B) The board of trustees of a community college, technical college, state community college, or state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code may, for all employees of the college or university, observe on days other than those specified in division (A) of this section any of the holidays otherwise observed on the third Monday in January, the third Monday in February, and the second Monday Am. Sub. H. B. No. 110 134th G.A. 214 in October. Sec. 125.02. (A) The department of administrative services shall establish contracts for supplies and services, including telephone, other telecommunications, and computer services, for the use of state agencies, and may establish such contracts for the use of any political subdivision as described in division (B) of section 125.04 of the Revised Code, except for the following: (1) The adjutant general for military supplies and services; (2) The general assembly; (3) The judicial branch; (4) State institutions of higher education; (5) State elected officials as set forth in section 125.041 of the Revised Code; (6) The capitol square review and advisory board. The entities set forth in divisions (A)(l) to (6) of this section may request the department of administrative services' assistance in the procurement of supplies and services for their respective offices and, upon the department's approval, may participate in contracts awarded by the department. (B) For purchases under division (C) of section 125.05 of the Revised Code, the department shall grant a state agency a release and permit to make the purchase if the department determines that it is not possible or advantageous for the department to make a purchase. (C) Upon request, the department may grant a blanket release and permit to a state agency for specific purchases. The department may grant the blanket release and permit for a fiscal year or for a biennium as determined by the director of administrative services. (D) The director of administrative services shall adopt rules regarding circumstances and criteria for obtaining a release and permit under this section. The director of administrative services shall prescribe uniform rules governing forms of specifications, advertisements for proposals, the opening of bids, the making of awards and contracts, and the purchase of supplies and performance of work. (E) The director may enter into participate in cooperative purchasing agreements to purchase supplies or services with the following: (1) The entities set forth in divisions (A)(1) to (5) (6) of this section; (2) One or more other states; (3) Groups of states; (4) The United States or any department, division, or agency of the United States; Am. Sub. H. B. No. 110 134th G.A. 215 (5) Other purchasing consortia; (6) The department of transportation; or (7) Any political subdivision of this state described in division (B) of section 125.04 of the Revised Code. (F) The United States or any department, division, or agency of the United States, one or more other states, groups of states, other purchasing consortia, or any agency, commission, or authority established under an interstate compact or agreement may purchase supplies and services from contracts established by the department of administrative services. (G) Except as provided in section 125.04 of the Revised Code, the department of administrative services shall purchase any policy of insurance, including a surety or fidelity bond, covering officers or employees of a state agency, for which the annual premium is more than one thousand dollars and which the state may procure. The department shall purchase the insurance in conformity with sections 125.04 to 125.15 of the Revised Code. As used in this division, "annual premium" means the total premium for one year for one type of insurance regardless of the number of policies. Sec. 125.035. (A) Except as otherwise provided in the Revised Code, a state agency wanting to purchase supplies or services shall make the purchase subject to the requirements of an applicable first or second requisite procurement program described in this section, or obtain a determination from the department of administrative services that the purchase is not subject to a first or second requisite procurement program. State agencies shall submit a purchase request to the department of administrative services unless the department has determined the request does not require a review. The director of administrative services shall adopt rules under Chapter 119. of the Revised Code to provide for the manner of carrying out the function and the power and duties imposed upon and vested in the director by this section. (B) The following programs are first requisite procurement programs that shall be given preference in the following order in fulfilling a purchase request: (1) Ohio penal industries within the department of rehabilitation and correction; and (2) Community rehabilitation programs administered by the department of administrative services under sections 125.601 to 125.6012 of the Revised Code. (C) The following programs are second requisite procurement programs that may be able to fulfill the purchase request if the first requisite Am. Sub. H. B. No. 110 134th G.A. 216 procurement programs are unable to do so: (1) Business enterprise program at the opportunities for Ohioans with disabilities agency as prescribed in sections 3304.28 to 3304.33 of the Revised Code; (2) Office of information technology at the department of administrative services as established in section 125.18 of the Revised Code; (3) Office of state printing and mail services at the department of administrative services as prescribed in Chapter 125. of the Revised Code; (4) Ohio pharmacy services at the department of mental health and addiction services as prescribed in section 5119.44 of the Revised Code; (5) Ohio facilities construction commission established in section 123.20 of the Revised Code; and (6) Any other program within, or administered by, a state agency that, by law, requires purchases to be made by, or with the approval of, the state agency. (D) Upon receipt of a purchase request, the department of administrative services shall provide the requesting agency a notification of receipt of the purchase request. The department then shall determine whether the request can be fulfilled through a first requisite procurement program. In making the determination, the department may consult with each of the first requisite procurement programs. When the department has made its determination, it shall: (1) Direct the requesting agency to obtain the desired supplies or services through the proper first requisite procurement program; (2) Provide the agency with a waiver from the use of the applicable first requisite procurement programs under sections 125.609 or 5147.07 of the Revised Code; or (3) Determine whether the purchase can be fulfilled through a second requisite procurement program under division (E) of this section. (E) In making the determination that a purchase is subject to a second requisite procurement program, the department shall identify potentially applicable programs and notify each program of the requested purchase. The notified second requisite procurement program shall respond to the department within two business days with regard to its ability to provide the requested purchase. If the second requisite procurement program can provide the requested purchase, the department shall direct the requesting agency to make the requested purchase from the appropriate second requisite procurement program. If the department has not received notification from a second requisite procurement program within two business days and the department has made the determination that the Am. Sub. H. B. No. 110 134th G.A. 217 purchase is not subject to a second requisite procurement program, the department shall provide a waiver to the requesting agency. (F) Within five business days after receipt of a request, the department shall notify the requesting agency of its determination and provide any waiver under divisions (D) or (E) of this section. If the department fails to respond within five business days or fails to provide an explanation for any further delay within that time, the requesting agency may use direct purchasing authority to make the requested purchase, subject to the requirements of division (G) of this section, division (E) of section 125.05, and section 127.16 of the Revised Code. (G) As provided in sections 125.02 and 125.05 of the Revised Code and subject to such rules as the director of administrative services may adopt, the department may issue a release and permit to the agency to secure supplies or services. A release and permit shall specify the supplies or services to which it applies, the time during which it is operative, and the reason for its issuance. A release and permit for telephone, other telecommunications, and computer services shall be provided in accordance with section 125.18 of the Revised Code and shall specify the type of services to be rendered, the number and type of hardware to be used, and may specify the amount of such services to be performed. No requesting agency shall proceed with such purchase until it has received an approved release and permit from the director of administrative services or the director's designee. Sec. 125.04. (A) Except for the requirements of division (B) of this section, section 125.092, and division (B) of section 125.11 of the Revised Code, sections 125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not apply to or affect state institutions of higher education. (B)(1) As used in this division: (a) "Chartered nonpublic school" has the same meaning as in section 3310.01 of the Revised Code. (b) "Emergency medical service organization" has the same meaning as in section 4765.01 of the Revised Code. (c) "Governmental agency" means a political subdivision or special district in this state or any other state established by or under law, or any combination of these entities; the United States or any department, division, or agency of the United States; one or more other states or groups of states; other purchasing consortia; and any agency, commission, or authority established under an interstate compact or agreement. (d) "Political subdivision" means any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, regional Am. Sub. H. B. No. 110 134th G.A. 218 transit authority, regional airport authority, regional water and sewer district, or port authority. "Political subdivision" also includes any other political subdivision described in the Revised Code that has been approved by the department of administrative services to participate in the department's contracts under this division. (e) "Private fire company" has the same meaning as in section 9.60 of the Revised Code. (f) "State institution of higher education" has the meaning defined in section 3345.011 of the Revised Code. (2) Subject to division (C) of this section, the department of administrative services may permit a state institution of higher education, governmental agency, political subdivision, county board of elections, private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school to participate in contracts into which the department has entered for the purchase of supplies and services. The department may charge the entity a reasonable fee to cover the administrative costs the department incurs as a result of participation by the entity in such a purchase contract. A political subdivision desiring to participate in such purchase contracts shall file with the department a certified copy of an ordinance or resolution of the legislative authority or governing board of the political subdivision. The resolution or ordinance shall request that the political subdivision be authorized to participate in such contracts and shall agree that the political subdivision will be bound by such terms and conditions as the department prescribes and that it will directly pay the vendor under each purchase contract. A board of elections desiring to participate in such purchase contracts shall file with the purchasing authority a written request for inclusion in the program. A private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school desiring to participate in such purchase contracts shall file with the department a written request for inclusion in the program signed by the chief officer of the company, organization, or chartered nonpublic school. A governmental agency desiring to participate in such purchase contracts shall file with the department a written request for inclusion in the program. A state institution of higher education desiring to participate in such purchase contracts shall file with the department a certified copy of resolution of the board of trustees or similar authorizing body. The resolution shall request that the state institution of higher education be authorized to participate in such contracts. A request for inclusion shall include an agreement to be bound by such Am. Sub. H. B. No. 110 134th G.A. 219 terms and conditions as the department prescribes and to make direct payments to the vendor under each purchase contract. (3) The board of elections of a county that is authorized to participate in contracts under division (B)(2) of this section may participate in contracts under that division under the same terms and conditions that apply to the county. (4) The department shall include in its annual report, an estimate of the purchases made by state institutions of higher education, governmental agencies, political subdivisions, county boards of elections, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools from contracts pursuant to this division. The department may require such entities to file a report with the department, as often as it finds necessary, stating how many such contracts the entities participated in within a specified period of time, and any other information the department requires. (3)(5) Purchases made by a political subdivision or a county board of elections under this division are exempt from any competitive selection procedures otherwise required by law. No political subdivision shall make any purchase under this division when bids have been received for such purchase by the subdivision, unless such purchase can be made upon the same terms, conditions, and specifications at a lower price under this division (B)(2) of this section. (C) A political subdivision as defined in division (B) of this section or a county board of elections may purchase supplies or services from another party, including a political subdivision, instead of through participation in contracts described in division (B) of this section if the political subdivision or county board of elections can purchase those supplies or services from the other party upon equivalent terms, conditions, and specifications but at a lower price than it can through those contracts. Purchases that a political subdivision or county board of elections makes under this division are exempt from any competitive selection procedures otherwise required by law. A political subdivision or county board of elections that makes any purchase under this division shall maintain sufficient information regarding the purchase to verify that the political subdivision or county board of elections satisfied the conditions for making a purchase under this division. Nothing in this division restricts any action taken by a county or township as authorized by division (B)(1) of section 9.48 of the Revised Code. (D) This section does not apply to supplies or services purchased by a state agency directly as provided in section 125.05 of the Revised Code, or to purchases of supplies or services for the emergency management agency Am. Sub. H. B. No. 110 134th G.A. 220 or other state agencies as provided in section 125.061 of the Revised Code. Sec. 125.05. Except as provided in division (D) or (E) of this section, no state agency shall purchase any supplies or services except as provided in divisions (A) to (C) of this section. (A) A state agency may, without competitive selection, make any purchase of supplies or services that cost less than fifty thousand dollars after complying with divisions (A) to (E) of section 125.035 of the Revised Code. The agency may make the purchase directly or may make the purchase from or through the department of administrative services, whichever the agency determines. The agency shall adopt written procedures consistent with the department's purchasing procedures and shall use those procedures when making purchases under this division. Section 127.16 of the Revised Code does not apply to purchases made under this division. (B) A state agency shall make purchases of supplies and services that cost fifty thousand dollars or more through the department of administrative services and the process provided in section 125.035 of the Revised Code, unless the department grants a waiver under divisions division (D) or (E) of that section and a release and permit under division (G) of that section. (C) An agency that has been granted a release and permit under division (G) of section 125.035 of the Revised Code to make a purchase may make the purchase without competitive selection if after making the purchase the cumulative purchase threshold as computed under division (E) of section 127.16 of the Revised Code would: (1) Be exceeded and the controlling board approves the purchase; (2) Not be exceeded and the department of administrative services approves the purchase. (D) If the department of education or the Ohio education computer network determines that it can purchase software services or supplies for specified school districts at a price less than the price for which the districts could purchase the same software services or supplies for themselves, the department or network shall certify that fact to the department of administrative services and, acting as an agent for the specified school districts, shall make that purchase without following the provisions in divisions (A) to (D) of this section. (E) When the purchase cost of personal protective equipment is less than fifty thousand dollars, a state agency shall comply with divisions (A) to (E) of section 125.035 of the Revised Code. If the purchase is not subject to the requirements of an applicable first or second requisite procurement program, the agency shall apply the same preferences in section 125.09 of Am. Sub. H. B. No. 110 134th G.A. 221 the Revised Code when making the purchase. As used in this division, "personal protective equipment" means equipment worn to minimize exposure to hazards that cause workplace injuries and illnesses. Sec. 125.08. (A) Any person who is certified by the equal employment opportunity coordinator of the department director of administrative servicesdevelopment in accordance with the rules adopted under division (B)(1) of section 123.151122.921 of the Revised Code as a minority business enterprise may have that person's name placed on a special minority business enterprise notification list to be used in connection with contracts awarded under section 125.081 of the Revised Code. The minority business enterprise notification list shall be used for bidding on contracts set aside for minority business enterprises only. Sec. 125.081. (A) From the purchases that the department of administrative services is required by law to make through competitive selection, the director of administrative services shall select a number of such purchases, the aggregate value of which equals approximately fifteen per cent of the estimated total value of all such purchases to be made in the current fiscal year. The director shall set aside the purchases selected for competition only by minority business enterprises, as defined in division (E)(1) of section 122.71 of the Revised Code. The competitive selection procedures for such purchases set aside shall be the same as for all other purchases the department is required to make through competitive selection, except that only minority business enterprises certified by the equal employment opportunity coordinator of the department director of administrative services development in accordance with the rules adopted under division (B)(1) of section 123.151122.921 of the Revised Code and listed by the director under section 125.08 of the Revised Code shall be qualified to compete. (B) To the extent that any agency of the state, other than the department of administrative services, the legislative and judicial branches, boards of elections, and the adjutant general, is authorized to make purchases, the agency shall set aside a number of purchases, the aggregate value of which equals approximately fifteen per cent of the aggregate value of such purchases for the current fiscal year for competition by minority business enterprises only. The procedures for such purchases shall be the same as for all other such purchases made by the agency, except that only minority business enterprises certified by the equal employment opportunity coordinator director of development in accordance with rules adopted under division (B)(1) of section 123.151 of the Revised Code shall be qualified to compete. Am. Sub. H. B. No. 110 134th G.A. 222 (C) In the case of purchases set aside under division (A) or (B) of this section, if no bid is submitted by a minority business enterprise, the purchase shall be made according to usual procedures. The contracting agency shall from time to time set aside such additional purchases for which only minority business enterprises may compete, as are necessary to replace those purchases previously set aside for which no minority business enterprises bid and to ensure that, in any fiscal year, the aggregate amount of contracts awarded to minority business enterprises will equal approximately fifteen per cent of the total amount of contracts awarded by the agency. (D) The provisions of this section shall not preclude any minority business enterprise from competing for any other state purchases that are not specifically set aside for minority business enterprises. (E) No funds of any state agency shall be expended in any fiscal year for any purchase for which competitive selection is required, until the director of the department of administrative services certifies to the equal employment opportunity coordinator, the clerk of the senate, and the clerk of the house of representatives of the general assembly that approximately fifteen per cent of the aggregate amount of the projected expenditure for such purchases in the fiscal year has been set aside as provided for in this section. (F) Any person who intentionally misrepresents self as owning, controlling, operating, or participating in a minority business enterprise for the purpose of obtaining contracts, subcontracts, or any other benefits under this section shall be guilty of theft by deception as provided for in section 2913.02 of the Revised Code. Sec. 125.09. (A) Pursuant to section sections 125.07, 125.071, and 125.072 of the Revised Code, the department of administrative services may prescribe such conditions under which competitive sealed bids, competitive sealed proposals, and bids in reverse auctions will be received and terms of the proposed purchase as it considers necessary; provided, that all such conditions and terms shall be reasonable and shall not unreasonably restrict competition, and bidders may bid and offerors may propose upon all or any item of the products, supplies, or services listed in such notice. Those bidders and offerors claiming the preference for United States and Ohio products outlined in this chapter shall designate in their bids bid or offer either that the product to be supplied or supply is produced or mined in the United States and is either an Ohio product or that the product, supply, or service is provided by a bidder or offeror that qualifies as having a significant Ohio economic presence under the rules established by the director of administrative services they qualify as having a significant Ohio Am. Sub. H. B. No. 110 134th G.A. 223 economic presence. (B) The department may require that each bidder or offeror provide sufficient information about the energy efficiency or energy usage of the bidder's or offeror's product, supply, or service. (C) The director of administrative services shall, by rule adopted pursuant to Chapter 119. of the Revised Code, prescribe criteria and procedures for use by all state agencies in giving preference to United States and Ohio products under this section as required by division (B) of section 125.11 of the Revised Code. The rules shall extend to: (1) Criteria for determining that a product is produced or mined in the United States rather than in another country or territory; (2) Criteria for determining that a product is produced or mined in Ohio; (3) Information to be submitted by bidders or offerors as to the nature of a product and the location where it is produced or mined; (4) Criteria and procedures to be used by the director to qualify bidders or offerors located in states bordering Ohio who might otherwise be excluded from being awarded a contract by operation of this section and section 125.11 of the Revised Code. The criteria and procedures shall recognize the level and regularity of interstate commerce between Ohio and the border states and provide that the non-Ohio businesses may qualify for award of a contract as long as they are located in a state that imposes no greater restrictions than are contained in this section and section 125.11 of the Revised Code upon persons located in Ohio selling products or services to agencies of that state. The criteria and procedures shall also provide that a non-Ohio business shall not bid on a contract for state printing in this state if the business is located in a state that excludes Ohio businesses from bidding on state printing contracts in that state. (5) Criteria and procedures to be used to qualify bidders and offerors whose manufactured products, except for mined products, are produced in other states or in North America, but the bidders or offerors have a significant Ohio economic presence in terms of the number of employees or capital investment a bidder or offeror has in this state. Bidders and offerors with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in this state or as if the bidder or offeror was domiciled in this state. (6) Criteria and procedures for the director to grant waivers of the requirements of division (B) of section 125.11 of the Revised Code on a contract-by-contract basis where compliance with those requirements would result in the state agency paying an excessive price for the product or acquiring a disproportionately inferior product; Am. Sub. H. B. No. 110 134th G.A. 224 (7) Such other requirements or procedures reasonably necessary to implement the system of preferences established pursuant to division (B) of section 125.11 of the Revised Code. In adopting the rules required under this division, the director shall, to the maximum extent possible, conform to the requirements of the federal "Buy America Act," 47 Stat. 1520, (1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations adopted thereunder. Sec. 125.111. (A) Every contract for or on behalf of the state or any of its political subdivisions for any purchase shall contain provisions similar to those required by section 153.59 of the Revised Code in the case of construction contracts by which the contractor agrees to both of the following: (1) That, in the hiring of employees for the performance of work under the contract or any subcontract, no contractor or subcontractor, by reason of race, color, religion, sex, age, disability or military status as defined in section 4112.01 of the Revised Code, national origin, or ancestry, shall discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the contract relates; (2) That no contractor, subcontractor, or person acting on behalf of any contractor or subcontractor, in any manner, shall discriminate against, intimidate, or retaliate against any employee hired for the performance of work under the contract on account of race, color, religion, sex, age, disability or military status as defined in section 4112.01 of the Revised Code, national origin, or ancestry. (B) All contractors from whom the state or any of its political subdivisions make purchases shall have a written affirmative action program for the employment and effective utilization of economically disadvantaged persons, as referred to in division (E)(1) of section 122.71 of the Revised Code. Annually, each such contractor shall file a description of the affirmative action program and a progress report on its implementation with the equal employment opportunity office of the department of administrative services development. Sec. 125.112. (A) As used in this section: (1) "Agency" means a department created under section 121.02 of the Revised Code. (2) "Entity" means, whether for profit or nonprofit, a corporation, association, partnership, limited liability company, sole proprietorship, or other business entity. "Entity" does not include an individual who receives state assistance that is not related to the individual's business. (3)(a) "State award" means a contract awarded by the state costing over Am. Sub. H. B. No. 110 134th G.A. 225 twenty-five thousand dollars. (b) "State award" does not include compensation received as an employee of the state or any state financial assistance and expenditure received from the general assembly or any legislative agency, any court or judicial agency, the secretary of state, auditor of state, treasurer of state, or attorney general and their respective offices. (B) The department of administrative services shall establish and maintain a single searchable web site, accessible by the public at no cost, that includes all of the following information for each state award: (1) The name of the entity receiving the award; (2) The amount of the award; (3) Information on the award, the agency or other instrumentality of the state that is providing the award, and the commodity code; (4) Any other relevant information determined by the department of administrative services. (C) The department of administrative services may consult with other state agencies in the development, establishment, operation, and support of the web site required by division (B) of this section. State awards shall be posted on the web site within thirty days after being made. The department of administrative services shall provide an opportunity for public comment as to the utility of the web site required by division (B) of this section and any suggested improvements. (D) The web site required by division (B) of this section shall be fully operational not later than one year after December 30, 2008, and shall include information on state awards made in fiscal year 2008 and thereafter. It shall also provide an electronic link to the daily journals of the senate and house of representatives. (E) The director of administrative services shall submit to the general assembly an annual report regarding the implementation of the web site established pursuant to division (B) of this section. The report shall include data regarding the usage of the web site and any public comments on the utility of the site, including recommendations for improving data quality and collection. The director shall post each report on the web site. (F) Each agency awarding a grant to an entity in fiscal year 2008 and thereafter shall establish and maintain a separate web site listing the name of the entity receiving each grant, the grant amount, information on each grant, and any other relevant information determined by the department of administrative services. Each agency shall provide the link to such a web site to the department of administrative services within a reasonable time after December 30, 2008, and shall thereafter update its web site within Am. Sub. H. B. No. 110 134th G.A. 226 thirty days of awarding a new grant. Not later than one year after December 30, 2008, the department of administrative services shall establish and maintain a separate web site, accessible to the public at no cost, which contains the links to the agency web sites required by this division. (G) At the end of the closeout year, the attorney general shall determine the extent to which an entity has complied with the terms and conditions, including performance metrics, of a state award for economic development received by that entity. As necessary, the agency that makes and administers the state award for economic development shall assist the attorney general with that determination. The attorney general shall submit to the general assembly pursuant to section 101.68 of the Revised Code an annual report regarding the level of compliance of each such entity with the terms and conditions, including performance metrics, of their state awards for economic development. When the attorney general determines appropriate and to the extent that an entity that receives or has received a state award for economic development does not comply with a performance metric that is specified in the terms and conditions of the award, the attorney general shall pursue against and from that entity such remedies and recoveries as are available under law. For purposes of this division, "Closeout year" means the calendar year by which an entity that receives a state award for economic development must comply with a performance metric specified in the terms and conditions of the award. "State award for economic development" means state financial assistance and expenditure in any of the following forms: grants, subgrants, loans, awards, cooperative agreements, or other similar and related forms of financial assistance and contracts, subcontracts, purchase orders, task orders, delivery orders, or other similar and related transactions. "State award for economic development" does not include compensation received as an employee of the state or any state financial assistance and expenditure received from the general assembly or any legislative agency, any court or judicial agency, the secretary of state, auditor of state, treasurer of state, or attorney general and their respective offices. (H) Nothing in this section shall be construed as requiring the disclosure of information that is not a public record under section 149.43 of the Revised Code. Sec. 125.14. (A) The director of administrative services shall allocate any proceeds from the transfer, sale, or lease of excess and surplus supplies in the following manner: (1) Except as otherwise provided in division (A)(2) or (3) of this section, the proceeds of such a transfer, sale, or lease shall be paid into the Am. Sub. H. B. No. 110 134th G.A. 227 state treasury to the credit of the investment recovery fund, which is hereby created. (2) Except as otherwise provided in division (A)(2) of this section, when supplies originally were purchased with funds from nongeneral revenue fund sources, the director shall determine what fund or account originally was used to purchase the supplies, and the credit for the proceeds from any transfer, sale, or lease of those supplies shall be transferred to that fund or account. If the director cannot determine which fund or account originally was used to purchase the supplies, if the fund or account is no longer active, or if the proceeds from the transfer, sale, or lease of a unit of supplies are less than one hundred dollars or any larger amount the director may establish with the approval of the director of budget and management, then the proceeds from the transfer, sale, or lease of such supplies shall be paid into the state treasury to the credit of the investment recovery fund. (3) In accordance with division (H)(2) of section 125.832 of the Revised Code, when vehicles originally were purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury to the credit of either the fleet management fund created by section 125.83 of the Revised Code or to the credit of the investment recovery fund created by this section. Any such proceeds deposited into the state treasury to the credit of the investment recovery fund may be transferred from the investment recovery fund to the fleet management fund. (B) The investment recovery fund shall be used to pay for the operating expenses of the state surplus property program and of the federal surplus property program described in sections 125.84 to 125.90 of the Revised Code. Any amounts in excess of these operating expenses shall periodically be transferred to the general revenue fund of the state. If proceeds paid into the investment recovery fund are insufficient to pay for the program's operating expenses, a service fee may be charged to state agencies to eliminate the deficit. (C) Proceeds from the sale of recyclable goods and materials shall be paid into the state treasury to the credit of the recycled materials fund, which is hereby created, except that the director of environmental protection, upon request, may grant an exemption from this requirement. The director shall administer the fund for the benefit of recycling programs in state agencies. Sec. 125.18. (A) There is hereby established the office of information technology within the department of administrative services. The office shall be under the supervision of a state chief information officer to be appointed by the director of administrative services and subject to removal Am. Sub. H. B. No. 110 134th G.A. 228 at the pleasure of the director. The chief information officer is an assistant director of administrative services. (B) Under the direction of the director of administrative services, the state chief information officer shall lead, oversee, and direct state agency activities related to information technology development and use. In that regard, the state chief information officer shall do all of the following: (1) Coordinate and superintend statewide efforts to promote common use and development of technology by state agencies. The office of information technology shall establish policies and standards that govern and direct state agency participation in statewide programs and initiatives. (2) Coordinate with the office of procurement services to establish policies and standards for state agency acquisition of information technology supplies and services; (3) Establish policies and standards for the acquisition and use of common information technology by state agencies, including, but not limited to, hardware, software, technology services, and security, and the extension of the service life of information technology systems, with which state agencies shall comply; (3)(4) Establish criteria and review processes to identify state agency information technology projects or purchases that require alignment or oversight. As appropriate, the department of administrative services shall provide the governor and the director of budget and management with notice and advice regarding the appropriate allocation of resources for those projects. The state chief information officer may require state agencies to provide, and may prescribe the form and manner by which they must provide, information to fulfill the state chief information officer's alignment and oversight role; (4)(5) Establish policies and procedures for the security of personal information that is maintained and destroyed by state agencies; (5)(6) Employ a chief information security officer who is responsible for the implementation of the policies and procedures described in division (B)(4) (B)(5) of this section and for coordinating the implementation of those policies and procedures in all of the state agencies; (6)(7) Employ a chief privacy officer who is responsible for advising state agencies when establishing policies and procedures for the security of personal information and developing education and training programs regarding the state's security procedures; (7)(8) Establish policies on the purchasing, use, and reimbursement for use of handheld computing and telecommunications devices by state agency employees; Am. Sub. H. B. No. 110 134th G.A. 229 (8)(9) Establish policies for the reduction of printing and for the increased use of electronic records by state agencies; (9)(10) Establish policies for the reduction of energy consumption by state agencies; (10)(11) Compute the amount of revenue attributable to the amortization of all equipment purchases and capitalized systems from information technology service delivery and major information technology purchases, MARCS administration, enterprise applications, and the professions licensing system operating appropriation items and major computer purchases capital appropriation items that is recovered as part of the information technology services rates the department of administrative services charges and deposits into the information technology fund created in section 125.15 of the Revised Code, the user fees the department of administrative services charges and deposits in the MARCS administration fund created in section 4501.29 of the Revised Code, the rates the department of administrative services charges to benefiting agencies for the operation and management of information technology applications and deposits in the enterprise applications fund, and the rates the department of administrative services charges for the cost of ongoing maintenance of the professions licensing system and deposits in the professions licensing system fund. The enterprise applications fund is hereby created in the state treasury. (11)(12) Regularly review and make recommendations regarding improving the infrastructure of the state's cybersecurity operations with existing resources and through partnerships between government, business, and institutions of higher education; (12)(13) Assist, as needed, with general state efforts to grow the cybersecurity industry in this state. (C)(1) The chief information security officer shall assist each state agency with the development of an information technology security strategic plan and review that plan, and each state agency shall submit that plan to the state chief information officer. The chief information security officer may require that each state agency update its information technology security strategic plan annually as determined by the state chief information officer. (2) Prior to the implementation of any information technology data system, a state agency shall prepare or have prepared a privacy impact statement for that system. (D) When a state agency requests a purchase of information technology supplies or services under Chapter 125. of the Revised Code, the state chief information officer may review and reject the requested purchase for Am. Sub. H. B. No. 110 134th G.A. 230 noncompliance with information technology direction, plans, policies, standards, or project-alignment criteria. (E) The office of information technology may operate technology services for state agencies in accordance with this chapter. Notwithstanding any provision of the Revised Code to the contrary, the office of information technology may assess a transaction fee on each license or registration issued as part of an electronic licensing system operated by the office in an amount determined by the office not to exceed three dollars and fifty cents. The transaction fee shall apply to all transactions, regardless of form, that immediately precede the issuance, renewal, reinstatement, reactivation of, or other activity that results in, a license or registration to operate as a regulated professional or entity. Each license or registration is a separate transaction to which a fee under this division applies. Notwithstanding any provision of the Revised Code to the contrary, if a fee is assessed under this section, no agency, board, or commission shall issue a license or registration unless a fee required by this division has been received. The director of administrative services may collect the fee or require a state agency, board, or commission for which the system is being operated to collect the fee. Amounts received under this division shall be deposited in or transferred to the professions licensing system fund created in division (I) (H) of this section. (F) With the approval of the director of administrative services, the office of information technology may establish cooperative agreements with federal and local government agencies and state agencies that are not under the authority of the governor for the provision of technology services and the development of technology projects. (G) The office of information technology may operate a program to make information technology purchases. The director of administrative services may recover the cost of operating the program from all participating government entities by issuing intrastate transfer voucher billings for the procured technology or through any pass-through billing method agreed to by the director of administrative services, the director of budget and management, and the participating government entities that will receive the procured technology. If the director of administrative services chooses to recover the program costs through intrastate transfer voucher billings, the participating government entities shall process the intrastate transfer vouchers to pay for the cost. Amounts received under this section for the information technology purchase program shall be deposited to the credit of the information technology governance fund created in section 125.15 of the Revised Code. Am. Sub. H. B. No. 110 134th G.A. 231 (H) Upon request from the director of administrative services, the director of budget and management may transfer cash from the information technology fund created in section 125.15 of the Revised Code, the MARCS administration fund created in section 4501.29 of the Revised Code, the enterprise applications fund created in division (B)(10) (B)(11) of this section, or the professions licensing system fund created in division (I) of this section to the major information technology purchases fund in an amount not to exceed the amount computed under division (B)(10) (B)(11) of this section. The major information technology purchases fund is hereby created in the state treasury. (I) There is hereby created in the state treasury the professions licensing system fund. The fund shall be used to operate the electronic licensing system referenced in division (E) of this section. (J) As used in this section: (1) "Personal information" has the same meaning as in section 149.45 of the Revised Code. (2) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, other than any state-supported institution of higher education, the office of the auditor of state, treasurer of state, secretary of state, or attorney general, the adjutant general's department, the bureau of workers' compensation, the industrial commission, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the general assembly or any legislative agency, the capitol square review advisory board, or the courts or any judicial agency. Sec. 125.65. (A) As used in this section, "small business" has the same meaning as in section 107.63 of the Revised Code. (B) The LeanOhio office in the department of administrative services shall establish and operate an entrepreneur in residence pilot program. The mission of the entrepreneur in residence pilot program is to provide for better outreach by state government to small businesses, to strengthen coordination and interaction between state government and small businesses, and to make state government programs and functions simpler, easier to access, more efficient, and more responsive to the needs of small businesses. (C) Not later than the first day of the seventh month after the effective date of this section March 3, 2015, the LeanOhio office shall appoint not more than five entrepreneurs in residence from among individuals who are successful in their fields and shall make reasonable efforts to market the Am. Sub. H. B. No. 110 134th G.A. 232 entrepreneur in residence program across the state and attract participation from entrepreneurs with various backgrounds, including female entrepreneurs, minority business enterprises as defined in section 122.71 of the Revised Code, and owners of EDGE business enterprises as defined in section 123.152122.922 of the Revised Code. The LeanOhio office may give preference to individuals who have achieved quantifiable improvements using LeanOhio tools and strategies such as lean six sigma and individuals who have achieved a black belt or master black belt certification from the LeanOhio office or an equivalent certification from a private sector office or entity. The appointment of an entrepreneur in residence is for one year. The office shall monitor the work of entrepreneurs in residence during the pilot program. An entrepreneur in residence serves at the pleasure of the LeanOhio office, and the office may discharge without cause an entrepreneur in residence. (D) The duties of an entrepreneur in residence may include any or all of the following: (1) Assisting the LeanOhio office in facilitating and developing the scope of lean process improvement events throughout state government; (2) Assisting the LeanOhio office in holding follow-up meetings to ensure the improvements developed at lean process improvement events are implemented; (3) Participating in strategic planning efforts for the LeanOhio office or other areas of state government; (4) Assisting the LeanOhio office with presentations on opportunities for state government to become more efficient and effective; (5) Facilitating meetings with businesses, state agencies, and local governments that may be affected by process improvements recommended by the LeanOhio office; (6) Assisting the LeanOhio office in providing continuous improvement training to state employees. (E) An entrepreneur in residence shall report directly to the LeanOhio office. An entrepreneur in residence is not entitled to compensation or any reimbursement from the LeanOhio office for expenses the entrepreneur in residence incurs in discharge of the entrepreneur in residence's duties. (F)(1) Not later than the date that is one year after an entrepreneur in residence was appointed, the entrepreneur in residence shall prepare a report about the entrepreneur's experiences in the program. In the report, the Am. Sub. H. B. No. 110 134th G.A. 233 entrepreneur in residence shall make recommendations to the LeanOhio office that further the mission of the entrepreneur in residence program. In particular, the entrepreneur in residence shall make recommendations regarding all of the following: (a) Elimination of inefficient or duplicative programs or functions of state government that affect small businesses; (b) Methods of improving the efficiency of the programs or functions of state government that affect small businesses; (c) Any new program or function affecting small businesses that should be established and implemented by state government; (d) Any other matter that will further the mission of the entrepreneur in residence pilot program. The entrepreneur in residence shall provide a copy of the report to the LeanOhio office. (2) During or upon conclusion of the entrepreneur in residence pilot program, the LeanOhio office may convene an informal working group of entrepreneurs in residence to discuss best practices, experiences, and opportunities for and obstacles to operating small businesses as well as the recommendations in the reports prepared by the entrepreneurs in residence. (G) Upon conclusion of the entrepreneur in residence pilot program, and after considering the reports of the entrepreneurs in residence and information learned from any informal working group, the LeanOhio office shall prepare a report on the entrepreneur in residence pilot program. In the report, the office shall recommend whether the entrepreneur in residence pilot program should be repeated with or without modifications, made permanent with or without modifications, or abandoned. The office shall append the reports of the entrepreneurs in residence to its report. If the pilot program is repeated or made permanent, an individual who previously was assigned as an entrepreneur in residence shall not be reassigned as an entrepreneur in residence. The LeanOhio office shall provide a copy of its report to the common sense initiative office. The common sense initiative office promptly shall transmit a copy of the report to the officials designated in the last paragraph of section 107.55 of the Revised Code. Sec. 125.70. The department of administrative services shall work with the departments of job and family services and medicaid to deploy private sector tools for digital identity management, authentication, and verification for individuals receiving medicaid benefits, supplemental nutrition assistance program benefits, or benefits funded by the temporary assistance for needy families block grant. These private sector tools shall include Am. Sub. H. B. No. 110 134th G.A. 234 joining available multistate cooperatives to identify individuals enrolled in public assistance programs, including the national accuracy clearinghouse for the supplemental nutrition assistance program, as well as other multi-state collaborative efforts to share enrollment information across state lines and avoid public assistance benefit duplication. Sec. 125.832. (A) The department of administrative services is granted exclusive authority over the acquisition and management of all motor vehicles used by state agencies. In carrying out this authority, the department shall do both of the following: (1) Approve the purchase or lease of each motor vehicle for use by a state agency. The department shall decide if a motor vehicle shall be leased or purchased for that use. Except as otherwise provided in division (A)(1) of this section, on and after July 1, 2005, each state agency shall acquire all passenger motor vehicles under the department's master leasing program. If the department determines that acquisition under that program is not the most economical method and if the department and the state agency acquiring the passenger motor vehicle can provide economic justification for doing so, the department may approve the purchase, rather than the lease, of a passenger motor vehicle for the acquiring state agency. (2) Direct and approve all funds that are expended for the purchase, lease, repair, maintenance, registration, insuring, and other costs related to the possession and operation of motor vehicles for the use of state agencies. (B) The director of administrative services shall establish and operate a fleet management program. The director shall operate the program for purposes including, but not limited to, cost-effective acquisition, maintenance, management, analysis, and disposal of all motor vehicles owned or leased by the state. All state agencies shall comply with statewide fleet management policies and procedures established by the director for the program, including, but not limited to, motor vehicle assignments, additions of motor vehicles to fleets or motor vehicle replacements, motor vehicle fueling, and motor vehicle repairs. (C) The director shall establish and maintain a fleet reporting system and shall require state agencies to submit to the department information relative to state motor vehicles, including motor vehicles described in division (G)(2) of section 125.831 of the Revised Code, to be used in operating the fleet management program. State agencies shall provide to the department fleet data and other information, including, but not limited to, mileage and costs. The data and other information shall be submitted in formats and in a manner determined by the department. Am. Sub. H. B. No. 110 134th G.A. 235 (D) All state agency purchases or leases of motor vehicles are subject to the prior approval of the director under division (A)(1) of this section. (E) State agencies that utilize state motor vehicles or pay mileage reimbursements to employees shall provide a fleet plan to the department as directed by the department. (F)(1) The fleets of state agencies that consist of one hundred or less vehicles on July 1, 2004, shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section. (2) The fleets of state agencies that consist of greater than one hundred motor vehicles, but less than five hundred motor vehicles, on July 1, 2005, also shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section. (G)(1) The department may delegate any or all of its duties regarding fleet management to a state agency, if the state agency demonstrates to the satisfaction of the department both of the following: (a) Capabilities to institute and manage a fleet management program, including, but not limited to, the presence of a certified fleet manager; (b) Fleet management performance, as demonstrated by fleet data and other information submitted pursuant to annual reporting requirements and any other criteria the department considers necessary in evaluating the performance. (2) The department may determine that a state agency is not in compliance with this section and direct that the agency's fleet management duties be transferred to the department. (H) The proceeds derived from the disposition of any motor vehicles under this section shall be paid to whichever of the following applies: (1) The fund that originally provided moneys for the purchase or lease of the motor vehicles; (2) If the motor vehicles were originally purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury to the credit of either the fleet management fund created by section 125.83 of the Revised Code or the investment recovery fund created by section 125.14 of the Revised Code. Any such proceeds deposited into the state treasury to the credit of the investment recovery fund may be transferred from the investment recovery fund to the fleet management fund. (I)(1) The department shall create and maintain a certified fleet manager Am. Sub. H. B. No. 110 134th G.A. 236 program. (2) State agencies that have received delegated authority as described in division (G) of this section shall have a certified fleet manager. (J) The department annually shall prepare and submit a statewide fleet report to the governor, the speaker of the house of representatives, and the president of the senate. The report shall be submitted not later than the thirty-first day of January following the end of each fiscal year. It may include, but is not limited to, the numbers and types of motor vehicles, their mileage, miles per gallon, and cost per mile, mileage reimbursements, accident and insurance data, and information regarding compliance by state agencies having delegated authority under division (G) of this section with applicable fleet management requirements. (K) The director shall adopt rules for implementing the fleet management program that are consistent with recognized best practices. The program shall be supported by reasonable fee charges for the services provided. The director shall collect these fees and deposit them into the state treasury to the credit for the fleet management fund created by section 125.83 of the Revised Code. The setting and collection of fees under this division is not subject to any restriction imposed by law upon the director's or the department's authority to set or collect fees. (L) The director also shall adopt rules that prohibit, except in very limited circumstances, the exclusive assignment of state-owned, leased, or pooled motor vehicles to state employees and that prohibit the reimbursement under section 126.31 of the Revised Code of state employees who use their own motor vehicles for any mileage they incur above an amount that the department shall determine annually unless reimbursement for the excess mileage is approved by the department in accordance with standards for that approval the director shall establish in those rules. Beginning on September 26, 2003, no state-owned, leased, or pooled motor vehicle shall be personally assigned as any form of compensation or benefit of state employment, and no state-owned, leased, or pooled motor vehicle shall be assigned to an employee solely for commuting to and from home and work. (M) The director shall do both of the following: (1) Implement to the greatest extent possible the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" in connection with the authority granted to the department by this section; (2) Attempt to reduce the number of passenger vehicles used by state agencies during the fiscal years ending on June 30, 2004, and June 30, 2005. Am. Sub. H. B. No. 110 134th G.A. 237 (N) Each state agency shall reimburse the department for all costs incurred in the assignment of motor vehicles to the state agency. (O) The director shall do all of the following in managing the fleet management program: (1) Determine how motor vehicles will be maintained, insured, operated, financed, and licensed; (2) Pursuant to the formula in division (O)(3) of this section, annually establish the minimum number of business miles per year an employee of a state agency must drive in order to qualify for approval by the department to receive a motor vehicle for business use; (3) Establish the minimum number of business miles per year at an amount that results when the annual motor vehicle cost is divided by the amount that is the reimbursement rate per mile minus the amount that is the sum of the fuel cost, the operating cost, and the insurance cost. As used in this division: (a) "Annual motor vehicle cost" means the price of a motor vehicle divided by the number of years an average motor vehicle is used. (b) "Fuel cost" means the average price per gallon of motor fuel divided by the miles per gallon fuel efficiency of a motor vehicle. (c) "Insurance cost" means the cost of insuring a motor vehicle per year divided by the number of miles an average motor vehicle is driven per year. (d) "Operating cost" means the maintenance cost of a motor vehicle per year divided by the product resulting when the number of miles an average motor vehicle is driven per year is multiplied by the number of years an average motor vehicle is used. (e) "Reimbursement rate per mile" means the reimbursement per mile rate for travel expenses as provided by rule of the director of budget and management adopted under division (B) of section 126.31 of the Revised Code. Sec. 125.95. (A) There is hereby created within the department of administrative services the prescription drug transparency and affordability advisory council. The department shall provide administrative support to the advisory council as necessary for the advisory council to carry out its duties under this section. (1) Members of the advisory council shall include the following: (a) The director of administrative services; (b) The director of health; (c) The medicaid director; (d) The director of mental health and addiction services; (e) The administrator of workers' compensation. Am. Sub. H. B. No. 110 134th G.A. 238 (2) Members of the advisory council shall also include individuals who are working to address prescription drug availability and affordability in any of the following areas: (a) Insurance; (b) Local, state, and federal government service; (c) Private industry; (d) Organizations of faith; (e) Health care providers; (f) Consumer organizations; (g) Prescription drug manufacturers; (h) Prescription drug wholesale distributors; (i) Pharmacists; (j) Business organizations; (k) Individuals concerned about mental health or substance abuse matters; (l) Advocates for individuals struggling to afford prescription drugs. The governor, the senate president, and the speaker of the house of representatives shall each appoint three members, each of whom represents at least one of the categories listed in divisions (A)(2)(a) to (l) of this section. (B) Members shall serve without compensation. Initial appointments shall be made not later than sixty days after the effective date of this section. Vacancies shall be filled in the manner provided for original appointments. (C) Not later than six months after the date of initial appointments under division (B) of this section, the advisory council shall submit a report to the governor, the general assembly, and the chairperson of the joint medicaid oversight committee in accordance with section 101.68 of the Revised Code. The report shall include recommendations on all of the following: (1) How this state can best achieve prescription drug price transparency; (2) New payment models or other avenues to create the most affordable environment for purchasing prescription drugs; (3) Leveraging this state's purchasing power across all state agencies, boards, commissions, and similar entities; (4) Creating efficiencies across different health care systems, such as hospitals, the criminal justice system, treatment and recovery support programs, and employer-sponsored health insurance, to reduce duplicative service delivery across these systems, ensure that patients receive high quality and affordable prescription drugs, and support quality care and outcomes; (5) Which critical outcomes can be measured and used to improve this Am. Sub. H. B. No. 110 134th G.A. 239 state's system of purchasing affordable prescribed drugs; (6) How federal, state, and local resources are being used to optimize these outcomes and identify where the resources can be better coordinated or redirected to meet the needs of consumers in this state. (D) State agencies, boards, commissions, and similar entities shall cooperate with and provide assistance to the advisory council as necessary for the advisory council to carry out its duties under this section. (E) Upon completion of the report described in division (C) of this section, the advisory council shall meet not less than quarterly to provide assistance and guidance relating to the recommendations in the report. On the effective date of this amendment, the advisory council shall cease to exist. Thereafter, the joint medicaid oversight committee may examine any of the topics described in the report prepared by the former advisory council under division (C) of this section upon the request of a member of the committee. Sec. 126.021. Whenever, pursuant to section 126.06 of the Revised Code, the department of administrative services development files with the director of budget and management its estimate of proposed expenditures for the succeeding biennium, the department shall request, and the director of budget and management shall approve the request for, the following general revenue fund appropriations for operating the construction compliance section of the equal employment opportunity office of the department of administrative services development: (A) For the first fiscal year of the biennium, an appropriation equal to fifty-three one-thousandths of one per cent of the total new capital appropriations provided for in the most recently enacted main capital appropriations act; (B) For the second fiscal year of the biennium, an appropriation equal to the amount computed under division (A) of this section, adjusted for anticipated changes in operating costs based upon the inflation/deflation factor used by the director of budget and management for that fiscal year. The amounts of the appropriations requested pursuant to divisions (A) and (B) of this section shall be in addition to the amounts provided for staff in the construction compliance section of the equal employment opportunity office of the department of administrative services as of January 1, 1988. Sec. 126.37. (A) The director of budget and management shall void any warrant the director draws on the state treasury pursuant to Chapter 5733. or 5747. of the Revised Code that is not presented for payment to the treasurer of state within two years after the date of issuance and shall void any other warrant the director draws on the state treasury that is not presented for Am. Sub. H. B. No. 110 134th G.A. 240 payment to the treasurer of state within ninety days after the date of issuance. (B) If a warrant voided pursuant to division (A) of this section was drawn against an appropriation of the current fiscal year and the holder of the voided warrant presents the warrant for reissuance, in the same fiscal year, to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against the same appropriation of the same fiscal year if the agency is satisfied that payment is proper. (C) If a warrant was drawn against an appropriation of the first fiscal year of the fiscal biennium and voided pursuant to division (A) of this section in either fiscal year of the biennium and if the holder of the voided warrant presents the warrant for reissuance, in the second fiscal year of the biennium, to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against funds transferred to the agency by the director pursuant to section 131.33 of the Revised Code, if the agency is satisfied that payment is proper. If no such funds are available for transfer, the agency shall prepare the voucher against any unexpended appropriations of the current fiscal year available to it. (D) If a warrant was drawn against an appropriation and, during the same biennium, was voided pursuant to division (A) of this section, and if, after that biennium, the holder of the voided warrant presents the warrant for reissuance to the state agency that made the payment originally, the agency shall prepare a voucher for the holder of the voided warrant, in the amount shown on the warrant that has been voided, against any appropriation of the current fiscal year made to the agency if the agency is satisfied that payment is proper. (E) If a warrant voided pursuant to division (A) of this section was drawn against an appropriation of a previous fiscal year and voided after that fiscal biennium and if the holder of the voided warrant presents the warrant for reissuance to the state agency that made the payment originally, the agency shall forward the warrant to the director with a request for reissuance. The director shall make payment to the holder of the voided warrant, in the amount shown on the warrant that has been voided, against an appropriation of the current fiscal year made to the director for the reissuance of voided warrants, if the director is satisfied that reissuance of the warrant is proper. Sec. 126.60. (A) As used in this section: (1) "Agricultural water project" means a project that will improve water Am. Sub. H. B. No. 110 134th G.A. 241 quality by reducing or aiding in the reduction of levels of phosphorus, nitrogen, or sediment, that result from agricultural practices, in the waters of the state. "Agricultural water project" includes a project involving research, technology, design, construction, best management practices, conservation, testing, or education. (2) "Community water project" means a project involving a public water system operated by a political subdivision that will improve water quality by reducing or aiding in the reduction of levels of phosphorus, nitrogen, or sediment in the waters of the state. "Community water project" includes a project involving research, technology, design, construction, best management practices, conservation, testing, or maintenance. (3) "Nature water project" means a project involving a natural water system that will improve water quality by reducing or aiding in the reduction of levels of phosphorus, nitrogen, or sediment in the waters of the state. "Nature water project" includes a project involving research, technology, design, construction, best management practices, conservation, or maintenance. "Nature water project" also includes the creation, maintenance, or restoration of wetlands, flood plains, flood control systems, and buffers throughout the state, including the western basin of Lake Erie. (B) There is hereby created in the state treasury the H2Ohio fund consisting of money credited to it and any donations, gifts, bequests, and other money received for deposit in the fund. All investment earnings of the fund shall be credited to the fund. All money credited or deposited in the fund shall be used for any of the following purposes: (1) Agriculture water projects; (2) Community water projects; (3) Nature water projects; (4) Awarding or allocating grants or money, issuing loans, or making purchases for the development and implementation of projects and programs, including remediation projects, that are designed to address water quality priorities; (5) Funding cooperative research, data gathering and monitoring, and demonstration projects related to water quality priorities; (6) Encouraging cooperation with and among leaders from state legislatures, state agencies, political subdivisions, business and industry, labor, agriculture, environmental organizations, institutions of higher education, and water conservation districts; (7) Other purposes, policies, programs, and priorities identified by the Ohio Lake Erie commission in coordination with state agencies or boards responsible for water protection and water management, provided that the Am. Sub. H. B. No. 110 134th G.A. 242 purposes, policies, programs, and priorities align with a statewide strategic vision and comprehensive periodic water protection and restoration strategy. (C) Not later than August 31, 2020, and annually thereafter, the Ohio Lake Erie commission, in coordination with state agencies or boards responsible for water protection and water management, shall do both of the following: (1) Prepare a report of the activities that were undertaken with respect to the fund during the immediately preceding fiscal year, including the revenues and expenses of the fund for the preceding fiscal year; (2) Submit the report to the general assembly and to the governor. (D) Within forty-five days after the report is submitted under division (C) of this section, the directors of the state agencies that contributed to the report and the executive director of the Lake Erie commission shall appear before both the house of representatives and senate committees that oversee state finance to testify on the report. Sec. 127.13. The director of budget and management or his the director's designee shall be president of the controlling board. The president shall prepare the proposed agenda for the meetings of the board and shall provide, at least seven fourteen days prior to the meeting, copies of the proposed agenda and supporting documentation to the members of the board and to the legislative budget office of the legislative service commission. The director shall designate an employee of the office of budget and management to serve as secretary of the controlling board. The secretary shall assist the president of the board and shall make and keep a record of each request received by the board and of its action thereon. The secretary shall certify a copy of the record of each action to each member of the board and to the director. The controlling board may adopt procedural rules for the conduct of the business of the board, may approve, disapprove, modify as to specific dollar amounts, or defer requests, and may require that a request from the senate, the house of representatives, the supreme court, or an elected member of the executive department as defined in Section 1 of Article III, Ohio Constitution, not currently before the controlling board be added to the agenda for a specified future meeting of the board, provided that such request has been previously submitted to the president for inclusion in the agenda for a board meeting. The controlling board also may adopt rules authorizing the president to act on its behalf in exigent circumstances affecting the public health, safety, or welfare. The affirmative vote of no fewer than four members of the controlling board shall be required for any action of the board. The board shall meet at Am. Sub. H. B. No. 110 134th G.A. 243 least once a month. Sec. 128.55. (A)(1) The tax commissioner, not later than the last day of each month, shall disburse moneys from the wireless 9-1-1 government assistance fund, plus any accrued interest on the fund, to each county treasurer. (a) If there are sufficient funds in the wireless 9-1-1 government assistance fund, each county treasurer shall receive the same amount proportion distributed to that county by the public utilities commission tax commissioner in the corresponding calendar month in 2013. (b) If the funds available are insufficient to make the distributions as provided in division (A)(1)(a) of this section, each county's share shall be reduced in proportion to the amounts received in the corresponding calendar month in 2013, until the total amount to be distributed to the counties is equivalent to the amount available in the wireless 9-1-1 government assistance fund of the previous year. Any shortfall in distributions resulting from insufficient the timing of funds from received in a previous month shall be remedied distributed in the following month. (2) The tax commissioner shall disburse moneys from the next generation 9-1-1 fund in accordance with the guidelines established under section 128.022 of the Revised Code. (B) Immediately upon receipt by a county treasurer of a disbursement under division (A) of this section, the county shall disburse, in accordance with the allocation formula set forth in the final plan, the amount the county so received to any other subdivisions in the county and any regional councils of governments in the county that pay the costs of a public safety answering point providing wireless enhanced 9-1-1 under the plan. (C) Nothing in this chapter affects the authority of a subdivision operating or served by a public safety answering point of a 9-1-1 system or a regional council of governments operating a public safety answering point of a 9-1-1 system to use, as provided in the final plan for the system or in an agreement under section 128.09 of the Revised Code, any other authorized revenue of the subdivision or the regional council of governments for the purposes of providing basic or enhanced 9-1-1. Sec. 131.02. (A) Except as otherwise provided in section 4123.37, section 5703.061, and division (K) of section 4123.511 of the Revised Code, whenever any amount is payable to the state, the officer, employee, or agent responsible for administering the law under which the amount is payable shall immediately proceed to collect the amount or cause the amount to be collected and shall pay the amount into the state treasury or into the appropriate custodial fund in the manner set forth pursuant to section 113.08 Am. Sub. H. B. No. 110 134th G.A. 244 of the Revised Code. Except as otherwise provided in this division, if the amount is not paid within forty-five days after payment is due, the officer, employee, or agent shall certify the amount due to the attorney general, in the form and manner prescribed by the attorney general, and notify the director of budget and management thereof. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general. If an amount payable to a political subdivision is past due, the political subdivision may, with the approval of the attorney general, certify the amount to the attorney general pursuant to this section. For the purposes of this section, the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable shall agree on the time a payment is due, and that agreed upon time shall be one of the following times: (1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported. (2) If the payment is for services rendered, when the rendering of the services is completed. (3) If the payment is reimbursement for a loss, when the loss is incurred. (4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed. (5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued. (6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered. (7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined. (8) Upon proof of claim being filed in a bankruptcy case. (9) Any other appropriate time determined by the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the state agency, institution, or political subdivision to which the payment is owed. Am. Sub. H. B. No. 110 134th G.A. 245 (B)(1) The attorney general shall give immediate notice by mail or otherwise to the party indebted of the nature and amount of the indebtedness. (2) If the amount payable to this state arises from a tax levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the Revised Code, the notice also shall specify all of the following: (a) The assessment or case number; (b) The tax pursuant to which the assessment is made; (c) The reason for the liability, including, if applicable, that a penalty or interest is due; (d) An explanation of how and when interest will be added to the amount assessed; (e) That the attorney general and tax commissioner, acting together, have the authority, but are not required, to compromise the claim and accept payment over a reasonable time, if such actions are in the best interest of the state. (C) The attorney general shall collect the claim or secure a judgment and issue an execution for its collection. (D) Each claim shall bear interest, from the day on which the claim became due, at the rate per annum required by section 5703.47 of the Revised Code. (E) The attorney general and the chief officer of the agency reporting a claim, acting together, may do any of the following if such action is in the best interests of the state: (1) Compromise the claim; (2) Extend for a reasonable period the time for payment of the claim by agreeing to accept monthly or other periodic payments. The agreement may require security for payment of the claim. (3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options. (F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following: (a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection; (b) Cancel the claim or cause it to be canceled. (2) The attorney general shall cancel or cause to be canceled an unsatisfied claim on the date that is forty years after the date the claim is Am. Sub. H. B. No. 110 134th G.A. 246 certified, unless the attorney general has adopted a rule under division (F)(5) of this section shortening this time frame with respect to a subset of claims. (3) No initial action shall be commenced to collect any tax payable to the state that is administered by the tax commissioner, whether or not such tax is subject to division (B) of this section, or any penalty, interest, or additional charge on such tax, after the expiration of the period ending on the later of the dates specified in divisions (F)(3)(a) and (b) of this section, provided that such period shall be extended by the period of any stay to such collection or by any other period to which the parties mutually agree. If the initial action in aid of execution is commenced before the later of the dates specified in divisions (F)(3)(a) and (b) of this section, any and all subsequent actions may be pursued in aid of execution of judgment for as long as the debt exists. (a) Seven years after the assessment of the tax, penalty, interest, or additional charge is issued. (b) Four years after the assessment of the tax, penalty, interest, or additional charge becomes final. For the purposes of division (F)(3)(b) of this section, the assessment becomes final at the latest of the following: upon expiration of the period to petition for reassessment, or if applicable, to appeal a final determination of the commissioner or decision of the board of tax appeals or a court, or, if applicable, upon decision of the United States supreme court. For the purposes of division (F)(3) of this section, an initial action to collect a tax debt is commenced at the time when a certified copy of the tax commissioner's entry making an assessment final has been filed in the office of the clerk of court of common pleas in the county in which the taxpayer resides or has its principal place of business in this state, or in the office of the clerk of court of common pleas of Franklin county, as provided in section 5739.13, 5741.14, 5747.13, or 5751.09 of the Revised Code or in any other applicable law requiring such a filing. If an assessment has not been issued and there is no time limitation on the issuance of an assessment under applicable law, an action to collect a tax debt commences when the action is filed in the courts of this state to collect the liability. (4) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer. (5) The attorney general may adopt rules to aid in the implementation of this section. Am. Sub. H. B. No. 110 134th G.A. 247 Sec. 131.025. The attorney general shall enter into an agreement with the United States secretary of the treasury to participate in the federal treasury offset program for the collection of the following debts certified to the attorney general pursuant to section 131.02 of the Revised Code: (A) State income tax obligations pursuant to 26 U.S.C. 6402(e); (B) Covered unemployment compensation debts pursuant to 26 U.S.C. 6402(f). For the purpose of this section, "state income tax" includes taxes levied pursuant to Chapter 718. of the Revised Code to the extent that such taxes qualify for the federal treasury offset program under 26 U.S.C. 6402(e). Notwithstanding section 718.01 of the Revised Code, for the sole purpose of meeting the requirements of the federal treasury offset program, the attorney general is the tax administrator, as defined in that section, respecting delinquencies arising from taxes levied pursuant to Chapter 718. of the Revised Code once delinquency is certified to the attorney general for collection under section 131.02 of the Revised Code. Sec. 131.43. There is hereby created in the state treasury the budget stabilization fund. All investment earnings of the fund shall be credited to the fund. It is the intent of the general assembly to maintain an amount of money in the budget stabilization fund that amounts to approximately eight and one-half per cent of the general revenue fund revenues for the preceding fiscal year. The governor shall include in the state budget the governor submits to the general assembly under section 107.03 of the Revised Code proposals for transfers between the general revenue fund and the budget stabilization fund for the ensuing fiscal biennium. The balance in the fund may be combined with the balance in the general revenue fund for purposes of cash management. Sec. 131.50. (A) There is hereby created in the state treasury the state land royalty fund consisting of money credited to it under section 1509.73 155.33 of the Revised Code. Any investment proceeds earned on money in the fund shall be credited to the fund and used as required in division (B) or (C) of this section. (B) Except as provided in division (C) of this section, money in the state land royalty fund shall be used by state agencies to acquire land and to pay capital costs of state agencies, including equipment and renovations and repairs of facilities, that have contributed to the fund under section 1509.73 of the Revised Code. Such a (1) A state agency is entitled to receive from the fund the amount that the state agency contributed and a share of the investment earnings of the fund in an amount that is equivalent to the proportionate share of contributions made by the state agency to the fund. Am. Sub. H. B. No. 110 134th G.A. 248 Regarding the department of natural resources, each division within the department is entitled to receive from the department's proportionate share all amounts received by the department that are attributable to the state-owned land controlled by that division. (2) The treasurer of state, in consultation with the director of budget and management, shall disburse money from the state land royalty fund to the appropriate fund designated by the state agency not later than thirty days after the deposit of any money into the state land royalty fund. If the state agency is the department of natural resources, the treasurer of state, in consultation with the director of budget and management and the director of natural resources, shall disburse the money to the appropriate fund designated by the applicable division within the department. (3) A state agency or, as applicable, a division of the department of natural resources, may use the money for any costs and expenses the agency determines are necessary. (C) Money in the fund that is allocated to a state college or university may be used to pay for operating expenses associated with any property that is owned by the college or university and that is at least partially used for the exploration, development, and production of oil or gas if both of the following apply: (1) The state college or university is engaged in research at the property or in education or outreach regarding the property. (2) The research, education, or outreach is associated with furthering the public understanding of how oil and gas exploration, development, or production potentially benefits the public and impacts the use of the state's natural resources. (D) As used in this section, "state agency" has the same meaning as in section 1509.70 155.30 of the Revised Code. Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation, except as provided in divisions (G) and (H) of this section and in division (D) of section 3313.372 of the Revised Code, or as prescribed in section 3318.052 or 3318.44 of the Revised Code, or as provided in division (J) of this section. (B) Except as provided in divisions (E), (F), and (I) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation. (C) A school district shall not submit to a vote of the electors the question of the issuance of securities in an amount that will make the district's net indebtedness after the issuance of the securities exceed an Am. Sub. H. B. No. 110 134th G.A. 249 amount equal to four per cent of its tax valuation, unless the superintendent of public instruction, acting under policies adopted by the state board of education, and the tax commissioner, acting under written policies of the commissioner, consent to the submission. A request for the consents shall be made at least one hundred twenty days prior to the election at which the question is to be submitted. The superintendent of public instruction shall certify to the district the superintendent's and the tax commissioner's decisions within thirty days after receipt of the request for consents. If the electors do not approve the issuance of securities at the election for which the superintendent of public instruction and tax commissioner consented to the submission of the question, the school district may submit the same question to the electors on the date that the next special election may be held under section 3501.01 of the Revised Code without submitting a new request for consent. If the school district seeks to submit the same question at any other subsequent election, the district shall first submit a new request for consent in accordance with this division. (D) In calculating the net indebtedness of a school district, none of the following shall be considered: (1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code; (2) Securities issued under division (F) of this section and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section; (3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district; (4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code; (5) Debt incurred under section 3313.374 of the Revised Code; (6) Debt incurred pursuant to division (B)(5) of section 3313.37 of the Revised Code to acquire computers and related hardware; (7) Debt incurred under section 3318.042 of the Revised Code; (8) Debt incurred under section 5705.2112 or 5705.2113 of the Revised Code by the fiscal board of a qualifying partnership of which the school district is a participating school district. (E) A school district may become a special needs district as to certain securities as provided in division (E) of this section. (1) A board of education, by resolution, may declare its school district Am. Sub. H. B. No. 110 134th G.A. 250 to be a special needs district by determining both of the following: (a) The student population is not being adequately serviced by the existing permanent improvements of the district. (b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs. (2) The board of education shall certify a copy of that resolution to the superintendent of public instruction with a statistical report showing all of the following: (a) The history of and a projection of the growth of the tax valuation; (b) The projected needs; (c) The estimated cost of permanent improvements proposed to meet such projected needs. (3) The superintendent of public instruction shall certify the district as an approved special needs district if the superintendent finds both of the following: (a) The district does not have available sufficient additional funds from state or federal sources to meet the projected needs. (b) The projection of the potential average growth of tax valuation during the next five years, according to the information certified to the superintendent and any other information the superintendent obtains, indicates a likelihood of potential average growth of tax valuation of the district during the next five years of an average of not less than one and one-half per cent per year. The findings and certification of the superintendent shall be conclusive. (4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following: (a) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities; (b) Twelve per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage, determined by the superintendent of public instruction, by which that tax valuation is projected to increase during the next ten years. (F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of Am. Sub. H. B. No. 110 134th G.A. 251 its tax valuation, as provided in this division. (1) A board of education, by resolution, may declare an emergency if it determines both of the following: (a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards. (b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible. (2) Upon the declaration of an emergency, the board of education may, by resolution, submit to the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the district, of permanent improvements to respond to the emergency need. (3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that: (a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section; (b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least one hundred days prior to the election; (c) The county auditor shall advise and, not later than ninety-five days before the election, confirm that advice by certification to, the board of education of the information required by division (C) of section 133.18 of the Revised Code; (d) The board of education shall then certify its resolution and the information required by division (D) of section 133.18 of the Revised Code to the board of elections not less than ninety days prior to the election. (4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division. (G)(1) The board of education may contract with an architect, professional engineer, or other person experienced in the design and Am. Sub. H. B. No. 110 134th G.A. 252 implementation of energy conservation measures for an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, measurement and verification of energy savings, and debt service, forgone residual value of materials or equipment replaced by the energy conservation measure, as defined by the Ohio facilities construction commission, a baseline analysis of actual energy consumption data for the preceding three years with the utility baseline based on only the actual energy consumption data for the preceding twelve months, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the commission, would be reduced. If the board finds after receiving the report that the amount of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and maintenance costs over the ensuing fifteen years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption. The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(1) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district. No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the installations, modifications, or remodeling have been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code. No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district. Am. Sub. H. B. No. 110 134th G.A. 253 (2) The board of education may contract with a person experienced in the implementation of student transportation to produce a report that includes an analysis of and recommendations for the use of alternative fuel vehicles by school districts. The report shall include cost estimates detailing the return on investment over the life of the alternative fuel vehicles and environmental impact of alternative fuel vehicles. The report also shall include estimates of all costs associated with alternative fuel transportation, including facility modifications and vehicle purchase costs or conversion costs. If the board finds after receiving the report that the amount of money the district would spend on purchasing alternative fuel vehicles or vehicle conversion is not likely to exceed the amount of money it would save in fuel and resultant operational and maintenance costs over the ensuing five years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the purchase of new alternative fuel vehicles or vehicle conversions for the purpose of reducing fuel costs. The facilities construction commission, in consultation with the auditor of state, may deny a request under division (G)(2) of this section by the board of education of any school district that is in a state of fiscal watch pursuant to division (A) of section 3316.03 of the Revised Code, if it determines that the expenditure of funds is not in the best interest of the school district. No district board of education of a school district that is in a state of fiscal emergency pursuant to division (B) of section 3316.03 of the Revised Code shall submit a request without submitting evidence that the purchase or conversion of alternative fuel vehicles has been approved by the district's financial planning and supervision commission established under section 3316.05 of the Revised Code. No board of education of a school district for which an academic distress commission has been established under section 3302.10 of the Revised Code shall submit a request without first receiving approval to incur indebtedness from the district's academic distress commission established under that section, for so long as such commission continues to be required for the district. (3) The facilities construction commission shall approve the board's request provided that the following conditions are satisfied: (a) The commission determines that the board's findings are reasonable. (b) The request for approval is complete. (c) If the request was submitted under division (G)(1) of this section, the installations, modifications, or remodeling are consistent with any project to Am. Sub. H. B. No. 110 134th G.A. 254 construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities under sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised Code. Upon receipt of the commission's approval, the district may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose specified in division (G)(1) or (2) of this section, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the district's tax valuation. (4)(a) So long as any securities issued under division (G)(1) of this section remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to that division. Except as provided in division (G)(4)(b) of this section, the board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to such installations, modifications, or remodeling. The resultant operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission. (b) If the facilities construction commission verifies that the certified annual reports submitted to the commission by a board of education under division (G)(4)(a) of this section fulfill the guarantee required under division (B) of section 3313.372 of the Revised Code for three consecutive years, the board of education shall no longer be subject to the annual reporting requirements of division (G)(4)(a) of this section. (5) So long as any securities issued under division (G)(2) of this section remain outstanding, the board of education shall monitor the purchase of new alternative fuel vehicles or vehicle conversions pursuant to that division. The board shall maintain and annually update a report in a form and manner prescribed by the facilities construction commission documenting the purchase of new alternative fuel vehicles or vehicle conversions, the associated environmental impact, and return on investment. The resultant fuel and operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be submitted annually to the commission. (H) With the consent of the superintendent of public instruction, a school district may incur without a vote of the electors net indebtedness that Am. Sub. H. B. No. 110 134th G.A. 255 exceeds the amounts stated in divisions (A) and (G) of this section for the purpose of paying costs of permanent improvements, if and to the extent that both of the following conditions are satisfied: (1) The fiscal officer of the school district estimates that receipts of the school district from payments made under or pursuant to agreements entered into pursuant to section 725.02, 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.45, 5709.57, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised Code, or distributions under division (C) of section 5709.43 or division (B) of section 5709.47 of the Revised Code, or any combination thereof, are, after accounting for any appropriate coverage requirements, sufficient in time and amount, and are committed by the proceedings, to pay the debt charges on the securities issued to evidence that indebtedness and payable from those receipts, and the taxing authority of the district confirms the fiscal officer's estimate, which confirmation is approved by the superintendent of public instruction; (2) The fiscal officer of the school district certifies, and the taxing authority of the district confirms, that the district, at the time of the certification and confirmation, reasonably expects to have sufficient revenue available for the purpose of operating such permanent improvements for their intended purpose upon acquisition or completion thereof, and the superintendent of public instruction approves the taxing authority's confirmation. The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or the maximum maturity calculated under section 133.20 of the Revised Code. (I) A school district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in excess of the limit specified in division (B) or (C) of this section when necessary to raise the school district portion of the basic project cost and any additional funds necessary to participate in a project under Chapter 3318. of the Revised Code, including the cost of items designated by the facilities construction commission as required locally funded initiatives, the cost of other locally funded initiatives in an amount that does not exceed fifty per cent of the district's portion of the basic project cost, and the cost for site acquisition. The commission A school district shall notify the superintendent of public instruction whenever a school that district will exceed either limit pursuant to this division. (J) A school district whose portion of the basic project cost of its classroom facilities project under sections 3318.01 to 3318.20 of the Revised Code is greater than or equal to one hundred million dollars may Am. Sub. H. B. No. 110 134th G.A. 256 incur without a vote of the electors net indebtedness in an amount up to two per cent of its tax valuation through the issuance of general obligation securities in order to generate all or part of the amount of its portion of the basic project cost if the controlling board has approved the facilities construction commission's conditional approval of the project under section 3318.04 of the Revised Code. The school district board and the Ohio facilities construction commission shall include the dedication of the proceeds of such securities in the agreement entered into under section 3318.08 of the Revised Code. No state moneys shall be released for a project to which this section applies until the proceeds of any bonds issued under this section that are dedicated for the payment of the school district portion of the project are first deposited into the school district's project construction fund. Sec. 135.02. There shall be a state board of deposit consisting of the treasurer of state or an employee of the treasurer of state's department designated by the treasurer of state, the auditor of state or an employee of the auditor of state's department designated by the auditor of state, and the attorney general or an employee of the attorney general's department designated by the attorney general. The board shall meet on the call of the chairperson at least annually to perform the duties prescribed in sections 135.01 to 135.21 of the Revised Code. At any time, two members of the board may request that the chairperson call a meeting of the board, and the chairperson shall call the meeting within thirty days after receiving such requests. The treasurer of state or the treasurer of state's designated representative shall be chairperson of the board. The cashier treasurer of the state treasury shall be designate an employee of the treasurer of state's department to serve as the secretary of the board and shall keep its records. A certified copy of such records shall be prima-facie evidence of the matter appearing therein in any court of record. The chairperson shall provide a monthly report to the board of deposit consisting of the notifications required under division (B) of section 135.143 of the Revised Code and shall post that report monthly to a web site maintained by the treasurer of state. The necessary expenses of the board shall be paid from the state treasury from appropriations for that purpose upon the order of the board certified by the chairperson and the secretary. Sec. 135.143. (A) The treasurer of state may invest or execute transactions for any part or all of the interim funds of the state in the following classifications of obligations: (1) United States treasury bills, notes, bonds, or any other obligations or Am. Sub. H. B. No. 110 134th G.A. 257 securities issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States; (2) Bonds, notes, debentures, or any other obligations or securities issued by any federal government agency or instrumentality; (3)(a) Bonds, notes, and other obligations of the state of Ohio, including, but not limited to, any obligations issued by the treasurer of state, the Ohio public facilities commission, the Ohio building authority, the Ohio housing finance agency, the Ohio water development authority, and the Ohio turnpike infrastructure commission; (b) Bonds, notes, and other obligations of any state or political subdivision thereof rated in the three highest categories by at least one nationally recognized standard rating service and purchased through a registered securities broker or dealer, provided the treasurer of state is not the sole purchaser of the bonds, notes, or other obligations at original issuance. (4)(a) Written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, or any registered United States government securities dealer, under the terms of which agreement the treasurer of state purchases and the eligible financial institution or dealer agrees unconditionally to repurchase any of the securities that are listed in division (A)(1), (2), or (6) of this section. The market value of securities subject to these transactions must exceed the principal value of the repurchase agreement by an amount specified by the treasurer of state, and the securities must be delivered into the custody of the treasurer of state or the qualified trustee or agent designated by the treasurer of state. The agreement shall contain the requirement that for each transaction pursuant to the agreement, the participating institution or dealer shall provide all of the following information: (i) The par value of the securities; (ii) The type, rate, and maturity date of the securities; (iii) A numerical identifier generally accepted in the securities industry that designates the securities. (b) The treasurer of state also may sell any securities, listed in division (A)(1), (2), or (6) of this section, regardless of maturity or time of redemption of the securities, under the same terms and conditions for repurchase, provided that the securities have been fully paid for and are owned by the treasurer of state at the time of the sale. (5) Securities lending agreements with any eligible financial institution that is a member of the federal reserve system or federal home loan bank or Am. Sub. H. B. No. 110 134th G.A. 258 any recognized United States government securities dealer, under the terms of which agreements the treasurer of state lends securities and the eligible financial institution or dealer agrees to simultaneously exchange similar securities or cash, equal value for equal value. Securities and cash received as collateral for a securities lending agreement are not interim funds of the state. The investment of cash collateral received pursuant to a securities lending agreement may be invested only in such instruments specified by the treasurer of state in accordance with a written investment policy. (6) Various forms of commercial paper issued by any entity that is organized under the laws of the United States or a state, which notes are rated in the two highest categories by two nationally recognized standard rating services, provided that the total amount invested under this section in any commercial paper at any time shall not exceed forty per cent of the state's total average portfolio, as determined and calculated by the treasurer of state; (7) Bankers acceptances, maturing in two hundred seventy days or less, provided that the total amount invested in bankers acceptances at any time shall not exceed ten per cent of the state's total average portfolio, as determined and calculated by the treasurer of state; (8) Certificates of deposit in eligible institutions applying for interim moneys as provided in section 135.08 of the Revised Code, including linked deposits as provided in sections 135.61 to 135.67 of the Revised Code, agricultural linked deposits as provided in sections 135.71 to 135.76 of the Revised Code, business linked deposits as provided in sections 135.77 to 135.774 of the Revised Code, and housing linked deposits as provided in sections 135.81 to 135.87 of the Revised Code; (9) Negotiable certificates of deposit denominated in United States dollars issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or a federally licensed or state-licensed branch of a foreign bank, which are rated in the two highest categories by two nationally recognized standard rating services, provided that the total amount invested under this section in negotiable certificates of deposit at any time shall not exceed twenty-five per cent of the state's total average portfolio, as determined and calculated by the treasurer of state. Interim funds invested in accordance with division (A)(9) of this section are not limited to institutions applying for interim moneys under section 135.08 of the Revised Code, nor are they subject to any pledging requirements described in sections 135.18, 135.181, or 135.182 of the Revised Code. Am. Sub. H. B. No. 110 134th G.A. 259 (10) The state treasurer's investment pool authorized under section 135.45 of the Revised Code; (10)(11) Debt interests, other than commercial paper described in division (A)(6) of this section, rated in the three highest categories by two nationally recognized standard rating services and issued by entities that are organized under the laws of the United States or a state, or issued by foreign nations diplomatically recognized by the United States government, or any instrument based on, derived from, or related to such interests, provided that: (a) The investments in debt interests other than commercial paper shall not exceed in the aggregate twenty-five per cent of the state's portfolio. (b) The investments in debt interests issued by foreign nations shall not exceed in the aggregate two per cent of the state's portfolio. The treasurer of state shall invest under division (A)(10)(11) of this section in a debt interest issued by a foreign nation only if the debt interest is backed by the full faith and credit of that foreign nation, and provided that all interest and principal shall be denominated and payable in United States funds. (c) When added to the investment in commercial paper and negotiable certificates of deposit, the investments in the debt interests of a single issuer shall not exceed in the aggregate five per cent of the state's portfolio. (d) For purposes of division (A)(10)(11) of this section, a debt interest is rated in the three highest categories by two nationally recognized standard rating services if either the debt interest itself or the issuer of the debt interest is rated, or is implicitly rated, in the three highest categories by two nationally recognized standard rating services. (e) For purposes of division (A)(10)(11) of this section, the "state's portfolio" means the state's total average portfolio, as determined and calculated by the treasurer of state. (11)(12) No-load money market mutual funds rated in the highest category by one nationally recognized standard rating service or consisting exclusively of obligations described in division (A)(1), (2), or (6) of this section and repurchase agreements secured by such obligations. (12)(13) Obligations issued by, or on behalf of, an Ohio political subdivision under Chapter 133. of the Revised Code or Section 12 of Article XVIII, Ohio Constitution, and identified in an agreement described in division (G) of this section. (B) Whenever, during a period of designation, the treasurer of state classifies public moneys as interim moneys, the treasurer of state shall notify the state board of deposit of such action. The notification shall be Am. Sub. H. B. No. 110 134th G.A. 260 given within thirty days after such classification and, in the event the state board of deposit does not concur in such classification or in the investments or deposits made under this section, the board may order the treasurer of state to sell or liquidate any of the investments or deposits, and any such order shall specifically describe the investments or deposits and fix the date upon which they are to be sold or liquidated. Investments or deposits so ordered to be sold or liquidated shall be sold or liquidated for cash by the treasurer of state on the date fixed in such order at the then current market price. Neither the treasurer of state nor the members of the state board of deposit shall be held accountable for any loss occasioned by sales or liquidations of investments or deposits at prices lower than their cost. Any loss or expense incurred in making these sales or liquidations is payable as other expenses of the treasurer's office. (C) If any securities or obligations invested in by the treasurer of state pursuant to this section are registrable either as to principal or interest, or both, such securities or obligations shall be registered in the name of the treasurer of state. (D) The treasurer of state is responsible for the safekeeping of all securities or obligations under this section. Any such securities or obligations may be deposited for safekeeping as provided in section 113.05 of the Revised Code. (E) Interest earned on any investments or deposits authorized by this section shall be collected by the treasurer of state and credited by the treasurer of state to the proper fund of the state. (F) Whenever investments or deposits acquired under this section mature and become due and payable, the treasurer of state shall present them for payment according to their tenor, and shall collect the moneys payable thereon. The moneys so collected shall be treated as public moneys subject to sections 135.01 to 135.21 of the Revised Code. (G) The treasurer of state and any entity issuing obligations referred to in division (A)(12)(13) of this section, which obligations mature within one year from the original date of issuance, may enter into an agreement providing for: (1) The purchase of those obligations by the treasurer of state on terms and subject to conditions set forth in the agreement; (2) The payment to the treasurer of state of a reasonable fee as consideration for the agreement of the treasurer of state to purchase those obligations; provided, however, that the treasurer of state shall not be authorized to enter into any such agreement with a board of education of a school district that has an outstanding obligation with respect to a loan Am. Sub. H. B. No. 110 134th G.A. 261 received under authority of section 3313.483 of the Revised Code. (H) For purposes of division (G) of this section, a fee shall not be considered reasonable unless it is set to recover only the direct costs, a reasonable estimate of the indirect costs associated with the purchasing of obligations under division (G) of this section and any reselling of the obligations or any interest in the obligations, including interests in a fund comprised of the obligations, and the administration thereof. No money from the general revenue fund shall be used to subsidize the purchase or resale of these obligations. (I) All money collected by the treasurer of state from the fee imposed by division (G) of this section shall be deposited to the credit of the state political subdivision obligations fund, which is hereby created in the state treasury. Money credited to the fund shall be used solely to pay the treasurer of state's direct and indirect costs associated with purchasing and reselling obligations under division (G) of this section. (J) As used in this section, "political subdivision" means a county, township, municipal corporation, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. Sec. 135.45. (A) Subject to division (B) of this section, a treasurer, governing board, or investing authority of a subdivision may pay public moneys of the subdivision into the Ohio subdivision's fund, which may be established in the custody of the treasurer of state. The treasurer of state shall invest the moneys in the fund in separately managed accounts and pooled accounts, including the state treasurer's investment pool, in the same manner, in the same types of instruments, and subject to the same limitations provided for the deposit and investment of interim moneys of the state, except that the fund shall not be invested in the linked deposits authorized under sections 135.61 to 135.67 of the Revised Code. (B)(1) On and after July 1, 1997, a treasurer, governing board, or investing authority of a subdivision that has not entered into an agreement with the treasurer of state under division (C) of this section shall not invest public moneys of the subdivision in a pooled account of the Ohio subdivision's fund under division (B)(6) of section 135.14 of the Revised Code or division (A)(6) of section 135.35 of the Revised Code if the pool does not maintain the highest letter or numerical rating provided by at least one nationally recognized standard rating service. (2) Upon receipt of notice that the pool does not maintain the highest letter or numerical rating required under division (B)(1) of this section, the treasurer of state shall have ninety days to obtain the required highest letter Am. Sub. H. B. No. 110 134th G.A. 262 or numerical rating. If the treasurer of state fails to obtain the required highest letter or numerical rating, the treasurer of state shall have an additional one hundred eighty days to develop a plan to dissolve the pool. The plan shall include reasonable standards for the equitable return of public moneys in the pool to those subdivisions participating in the pool. (3) Treasurers, governing boards, or investing authorities of subdivisions participating in the pool shall not be required to divest in the pool during the initial one hundred eighty days following the treasurer of state's receipt of notice under division (B)(2) of this section. (C) A treasurer, governing board, or investing authority of a subdivision that wishes to invest public moneys of the subdivision in a separately managed account or pooled account of the Ohio subdivision's fund may enter into an agreement with the treasurer of state that sets forth the manner in which the money is to be invested. The treasurer of state shall invest the moneys in accordance with the agreement, subject to the limitations set forth in division (A) of this section. For purposes of this division, the limitation on investments in debt interests provided in division (A)(10)(a) (A)(11)(a) of section 135.143 of the Revised Code shall not apply to a subdivision's excess reserves. (D) The treasurer of state shall adopt such rules as are necessary for the implementation of this section, including the efficient administration of and accounting for the separately managed accounts and pooled accounts, including the state treasurer's investment pool, and the specification of minimum amounts that may be paid into such pools and minimum periods of time for which such payments shall be retained in the pools. The rules shall provide for the administrative expenses of the separately managed accounts and pooled accounts, including the state treasurer's investment pool, to be paid from the earnings and for the interest earnings in excess of such expenses to be credited to the several treasurers, governing boards, and investing authorities participating in a pool in a manner which equitably reflects the differing amounts of their respective investments in the pool and the differing periods of time for which such amounts are in the pool. (E) The treasurer of state shall give bond with sufficient sureties, payable to the treasurers, governing boards, and investing authorities of subdivisions participating in the fund, for the benefit of the subdivisions whose moneys are paid into the fund for investment, in the total penal sum of two hundred fifty thousand dollars, conditioned for the faithful discharge of the treasurer of state's duties in relation to the fund. (F) The treasurer of state and the treasurer of state's bonders or surety are liable for the loss of any interim moneys of the state and subdivisions Am. Sub. H. B. No. 110 134th G.A. 263 invested under this section to the same extent the treasurer of state and the treasurer of state's bonders or surety are liable for the loss of public moneys under section 135.19 of the Revised Code. (G) As used in this section: (1) "Interim moneys" and "governing board" have the same meanings as in section 135.01 of the Revised Code. (2)(a) "Subdivision" has the same meaning as in section 135.01 of the Revised Code, but also includes a county, a municipal corporation that has adopted a charter under Article XVIII, Ohio Constitution, or any government entity for which the fund is a permissible investment. (b) "Public moneys of a subdivision" has the same meaning as in section 135.01 of the Revised Code, but also includes "public moneys" as defined in section 135.31 of the Revised Code, and funds held in the custody of the treasurer of state notwithstanding any limitations on the permissible investments of such funds. (3) "Treasurer" has the same meaning as in sections 135.01 and 135.31 of the Revised Code. (4) "Investing authority" has the same meaning as in section 135.31 of the Revised Code. (5) "Excess reserves" means the amount of a subdivision's public moneys that exceed the average of a subdivision's annual operating expenses in the immediately preceding three fiscal years. Sec. 149.11. (A) Any department, division, bureau, board, or commission of the state government issuing a report, pamphlet, document, or other publication intended for general public use and distribution, which publication is reproduced by duplicating processes in print whether through a contract awarded to any person, company, or the state printing division of the department of administrative services, shall cause to be delivered to the state library fifty copies of the publication, subject to the provisions of section 125.42 of the Revised Code. (B) The state library board shall distribute the print publications so received as follows: (1) Retain two copies in the state library; (2) Send two copies to the document division of the library of congress; (3) Send one copy to the Ohio history connection and to each public or college library in the state designated by the state library board to be a depository for state publications. In designating which libraries shall be depositories, the board shall select those libraries that can best preserve those publications and that are so located geographically as will make the publications conveniently accessible to residents in all areas of the state. Am. Sub. H. B. No. 110 134th G.A. 264 (4) Send one copy to each state in exchange for like publications of that state. (C) A department, division, bureau, board, or commission of the state government shall notify the state library of the availability of documents or other publications, intended for general public use and distribution, which are made available electronically on its internet web site. The state library shall retain electronic publications in the state library digital archive and provide permanent access and records to each public or college library in the state designated by the state library board to be a depository for state publications. (D) The print publications described in division (A) of this section and the electronic publications described in division (C) of this section shall be considered already prepared and available for inspection, and, subject to applicable copyright protections, reproduction by any person at all reasonable times during regular business hours at the state library and each library designated as a depository for state publications. (E) The provisions of this section do not apply to any publication of the general assembly or to the publications described in sections 149.07, 149.08, 149.091, and 149.17 of the Revised Code, except that the secretary of state shall forward to the document division of the library of congress two copies of all journals, two copies of the session laws as provided for in section 149.091 of the Revised Code, and two copies of all appropriation laws in separate form. Sec. 149.309. (A) The Ohio commission for the United States semiquincentennial is established to plan, encourage, develop, and coordinate the commemoration of the two hundred fiftieth anniversary of the founding of the United States and the impact of Ohioans on the nation's past, present, and future. (B) The commission shall consist of the following twenty-nine members: (1) Two members of the senate appointed by the president of the senate, one of whom shall be recommended by the minority leader of the senate; (2) Two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be recommended by the minority leader of the house of representatives; (3) The governor or the governor's designee; (4) The chief justice of the supreme court of Ohio; (5) The president of the board of trustees of the Ohio history connection; (6) The president of the Ohio local history alliance's designee; Am. Sub. H. B. No. 110 134th G.A. 265 (7) The president of the Ohio county commissioners association's designee; (8) The chairperson of the board of the Ohio arts council; (9) The director of TourismOhio; (10) The executive director of the Ohio travel association; (11) Seventeen members who are private citizens, of whom: (a) Eight shall be appointed by the governor; (b) Four shall be appointed by the president of the senate, two of whom shall be recommended by the minority leader of the senate; (c) Four shall be appointed by the speaker of the house of representatives, two of whom shall be recommended by the minority leader of the house of representatives; (d) One shall be appointed by the chief justice of the supreme court of Ohio. (C) The governor shall designate one of the private citizen members as the chairperson of the commission and a different private citizen member as the vice chairperson of the commission. The executive director or the deputy executive director of the Ohio history connection shall serve as the secretary of the commission and shall be an ex officio, nonvoting member of the commission. (D) A member shall be appointed for the duration of the commission, so long as the member continues to hold the office that entitled the member to the position on the commission. A vacancy on the commission shall be filled in the same manner as the original appointment. The members of the commission shall receive no compensation for service on the commission, except for reimbursement for reasonable travel expenses. (E) Meetings of the commission shall be held throughout this state at times and locations determined by the chairperson. A majority of the members of the commission shall constitute a quorum, but a lesser number of members may hold hearings or meetings for the purpose of furthering the commission's work. (F) The commission shall do all of the following: (1) Plan, coordinate, and implement an overall program to build public awareness and foster public participation to celebrate and commemorate the two hundred fiftieth anniversary of the independence and founding of the United States; (2) Coordinate with all federal, state, and local agencies and private organizations on infrastructural improvements and projects or programs to welcome and encourage regional, national, and international tourists; (3) Establish and maintain an official web site that is available and Am. Sub. H. B. No. 110 134th G.A. 266 accessible to the public. (G) In preparing plans and an overall program, the commission shall do all of the following: (1) Give due consideration to related plans and programs developed by federal, other state, local, and private groups; (2) Conduct extensive public engagement throughout this state to develop programs of its own or with or by other agencies, communities, or organizations that may take place to mark the semiquincentennial by December 31, 2026; (3) Aim to involve and showcase all counties in this state; (4) Draw attention to the achievements, struggles, honors, innovations, and significance of all people in this state since before its founding to the present day. (H) The commission may designate special committees with representatives from stakeholding groups to plan, develop, and coordinate specific activities. (I)(1) Not later than September 30, 2022, the commission shall submit to the governor and the general assembly a comprehensive report that includes the specific recommendations of the commission for the commemoration of the two hundred fiftieth anniversary of the independence and founding of the United States and related events, as well as a timeline of the plans and overall program and estimates of all costs associated with the plans and overall program. (2) The report may include recommendations for the following: (a) Improvements to the infrastructure of the state or for capital projects necessary for the successful delivery of the commission's plan and overall program; (b) Legislation needed to effectuate the plan and overall program. (3) The report shall be available on the commission's official web site. (4) The commission may, from time to time, expand upon or revise its initial report as events warrant. (J) The commission may secure directly from a state agency information as the commission considers necessary to carry out its duties. On the request of the chairperson of the commission or the commission's executive director, the head of a state agency shall provide the information to the commission. (K) The commission may accept, use, and dispose of gifts and donations of money, property, or personal services and may request personnel or other supportive resources from state agencies, local governments, and public universities. Am. Sub. H. B. No. 110 134th G.A. 267 (L) As determined necessary by the commission, the commission may do any of the following: (1) Procure supplies, services, and property; (2) Take actions as are necessary to enable the commission to carry out efficiently and in the public interest the purpose of this section. (M)(1) The chairperson of the commission shall appoint an executive director who may, in turn, hire personnel as are necessary to enable the commission to perform its powers and duties. With approval from the commission, the executive director may authorize the Ohio history connection to enter into contracts with venders and consultants to undertake work commensurate with the commission's public functions. All commission employees shall be employees of the Ohio history connection and shall be subject to its customary personnel policies and procedures. (2) The employment of an executive director shall be subject to confirmation by majority vote of the commission. (3) The commission, from time to time, may request operating and capital appropriations from the general assembly. Such appropriated money shall be received by the Ohio history connection and held for the use of the commission. Such money shall be audited annually in the ordinary manner and commensurate with the Ohio history connection's audit by the auditor of state. (N) Once each year on or before the thirty-first day of December, during the period beginning on the effective date of this section through December 31, 2026, the commission shall submit to the governor and the general assembly a report of the activities of the commission, including a summary of funds received and expended during the year covered by the report, the outputs and outcomes achieved, and whether those achievements meet the commission's plan and overall program. The report shall be available on the commission's official web site. The commission shall publish a final report of its activities on or before June 30, 2027. (O) The commission terminates on June 30, 2027. Sec. 149.311. (A) As used in this section: (1) "Historic building" means a building, including its structural components, that is located in this state and that is either individually listed on the national register of historic places under 16 U.S.C. 470a, located in a registered historic district, and certified by the state historic preservation officer as being of historic significance to the district, or is individually listed as an historic landmark designated by a local government certified under 16 U.S.C. 470a(c). (2) "Qualified rehabilitation expenditures" means expenditures paid or Am. Sub. H. B. No. 110 134th G.A. 268 incurred during the rehabilitation period, and before and after that period as determined under 26 U.S.C. 47, by an owner or qualified lessee of an historic building to rehabilitate the building. "Qualified rehabilitation expenditures" includes architectural or engineering fees paid or incurred in connection with the rehabilitation, and expenses incurred in the preparation of nomination forms for listing on the national register of historic places. "Qualified rehabilitation expenditures" does not include any of the following: (a) The cost of acquiring, expanding, or enlarging an historic building; (b) Expenditures attributable to work done to facilities related to the building, such as parking lots, sidewalks, and landscaping; (c) New building construction costs. (3) "Owner" of an historic building means a person holding the fee simple interest in the building. "Owner" does not include the state or a state agency, or any political subdivision as defined in section 9.23 of the Revised Code. (4) "Qualified lessee" means a person subject to a lease agreement for an historic building and eligible for the federal rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" does not include the state or a state agency or political subdivision as defined in section 9.23 of the Revised Code. (5) "Certificate owner" means the owner or qualified lessee of an historic building to which a rehabilitation tax credit certificate was issued under this section. (6) "Registered historic district" means an historic district listed in the national register of historic places under 16 U.S.C. 470a, an historic district designated by a local government certified under 16 U.S.C. 470a(c), or a local historic district certified under 36 C.F.R. 67.8 and 67.9. (7) "Rehabilitation" means the process of repairing or altering an historic building or buildings, making possible an efficient use while preserving those portions and features of the building and its site and environment that are significant to its historic, architectural, and cultural values. (8) "Rehabilitation period" means one of the following: (a) If the rehabilitation initially was not planned to be completed in stages, a period chosen by the owner or qualified lessee not to exceed twenty-four months during which rehabilitation occurs; (b) If the rehabilitation initially was planned to be completed in stages, a period chosen by the owner or qualified lessee not to exceed sixty months during which rehabilitation occurs. Each stage shall be reviewed as a phase of a rehabilitation as determined under 26 C.F.R. 1.48-12 or a successor to Am. Sub. H. B. No. 110 134th G.A. 269 that section. (9) "State historic preservation officer" or "officer" means the state historic preservation officer appointed by the governor under 16 U.S.C. 470a. (10) "Catalytic project" means the rehabilitation of an historic building, the rehabilitation of which will foster economic development within two thousand five hundred feet of the historic building. (B) The owner or qualified lessee of an historic building may apply to the director of development services for a rehabilitation tax credit certificate for qualified rehabilitation expenditures paid or incurred by such owner or qualified lessee after April 4, 2007, for rehabilitation of an historic building. If the owner of an historic building enters a pass-through agreement with a qualified lessee for the purposes of the federal rehabilitation tax credit under 26 U.S.C. 47, the qualified rehabilitation expenditures paid or incurred by the owner after April 4, 2007, may be attributed to the qualified lessee. The form and manner of filing such applications shall be prescribed by rule of the director. Each application shall state the amount of qualified rehabilitation expenditures the applicant estimates will be paid or incurred. The director may require applicants to furnish documentation of such estimates. The director, after consultation with the tax commissioner and in accordance with Chapter 119. of the Revised Code, shall adopt rules that establish all of the following: (1) Forms and procedures by which applicants may apply for rehabilitation tax credit certificates; (2) Criteria for reviewing, evaluating, and approving applications for certificates within the limitations under division (D) of this section, criteria for assuring that the certificates issued encompass a mixture of high and low qualified rehabilitation expenditures, and criteria for issuing certificates under division (C)(3)(b) of this section; (3) Eligibility requirements for obtaining a certificate under this section; (4) The form of rehabilitation tax credit certificates; (5) Reporting requirements and monitoring procedures; (6) Procedures and criteria for conducting cost-benefit analyses of historic buildings that are the subjects of applications filed under this section. The purpose of a cost-benefit analysis shall be to determine whether rehabilitation of the historic building will result in a net revenue gain in state and local taxes once the building is used. (7) Any other rules necessary to implement and administer this section. (C) The director of development services shall review the applications Am. Sub. H. B. No. 110 134th G.A. 270 with the assistance of the state historic preservation officer and determine whether all of the following criteria are met: (1) That the building that is the subject of the application is an historic building and the applicant is the owner or qualified lessee of the building; (2) That the rehabilitation will satisfy standards prescribed by the United States secretary of the interior under 16 U.S.C. 470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to that section; (3) That receiving a rehabilitation tax credit certificate under this section is a major factor in: (a) The applicant's decision to rehabilitate the historic building; or (b) To increase the level of investment in such rehabilitation. An applicant shall demonstrate to the satisfaction of the state historic preservation officer and director of development services that the rehabilitation will satisfy the standards described in division (C)(2) of this section before the applicant begins the physical rehabilitation of the historic building. (D)(1) If the director of development services determines that an application meets the criteria in divisions (C)(1), (2), and (3) of this section, the director shall conduct a cost-benefit analysis for the historic building that is the subject of the application to determine whether rehabilitation of the historic building will result in a net revenue gain in state and local taxes once the building is used. The director shall consider the results of the cost-benefit analysis in determining whether to approve the application. The director shall also consider the potential economic impact and the regional distributive balance of the credits throughout the state. The director may approve an application only after completion of the cost-benefit analysis. (2) A rehabilitation tax credit certificate shall not be issued for an amount greater than the estimated amount furnished by the applicant on the application for such certificate and approved by the director. The director shall not approve more than a total of sixty million dollars of rehabilitation tax credits per fiscal year but the director may reallocate unused tax credits from a prior fiscal year for new applicants and such reallocated credits shall not apply toward the dollar limit of this division. (3) For rehabilitations with a rehabilitation period not exceeding twenty-four months as provided in division (A)(8)(a) of this section, a rehabilitation tax credit certificate shall not be issued before the rehabilitation of the historic building is completed. (4) For rehabilitations with a rehabilitation period not exceeding sixty months as provided in division (A)(8)(b) of this section, a rehabilitation tax credit certificate shall not be issued before a stage of rehabilitation is Am. Sub. H. B. No. 110 134th G.A. 271 completed. After all stages of rehabilitation are completed, if the director cannot determine that the criteria in division (C) of this section are satisfied for all stages of rehabilitations, the director shall certify this finding to the tax commissioner, and any rehabilitation tax credits received by the applicant shall be repaid by the applicant and may be collected by assessment as unpaid tax by the commissioner. (5) The director of development services shall require the applicant to provide a third-party cost certification by a certified public accountant of the actual costs attributed to the rehabilitation of the historic building when qualified rehabilitation expenditures exceed two hundred thousand dollars. If an applicant whose application is approved for receipt of a rehabilitation tax credit certificate fails to provide to the director sufficient evidence of reviewable progress, including a viable financial plan, copies of final construction drawings, and evidence that the applicant has obtained all historic approvals within twelve months after the date the applicant received notification of approval, and if the applicant fails to provide evidence to the director that the applicant has secured and closed on financing for the rehabilitation within eighteen months after receiving notification of approval, the director may rescind the approval of the application. The director shall notify the applicant if the approval has been rescinded. Credits that would have been available to an applicant whose approval was rescinded shall be available for other qualified applicants. Nothing in this division prohibits an applicant whose approval has been rescinded from submitting a new application for a rehabilitation tax credit certificate. (6) The director of development services may approve the application of, and issue a rehabilitation tax credit certificate to, the owner of a catalytic project, provided the application otherwise meets the criteria described in divisions (C) and (D) of this section. The director may not approve more than one application for a rehabilitation tax credit certificate under division (D)(6) of this section during each state fiscal biennium. The director shall not approve an application for a rehabilitation tax credit certificate under division (D)(6) of this section during the state fiscal biennium beginning July 1, 2017, or during any state fiscal biennium thereafter. The director shall consider the following criteria in determining whether to approve an application for a certificate under division (D)(6) of this section: (a) Whether the historic building is a catalytic project; (b) The effect issuance of the certificate would have on the availability of credits for other applicants that qualify for a credit certificate within the credit dollar limit described in division (D)(2) of this section; (c) The number of jobs, if any, the catalytic project will create. Am. Sub. H. B. No. 110 134th G.A. 272 (7)(a) The owner or qualified lessee of a historic building may apply for a rehabilitation tax credit certificate under both divisions (B) and (D)(6) of this section. In such a case, the director of development services shall consider each application at the time the application is submitted. (b) The director of development services shall not issue more than one certificate under this section with respect to the same qualified rehabilitation expenditures. (E) Issuance of a certificate represents a finding by the director of development services of the matters described in divisions (C)(1), (2), and (3) of this section only; issuance of a certificate does not represent a verification or certification by the director of the amount of qualified rehabilitation expenditures for which a tax credit may be claimed under section 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code. The amount of qualified rehabilitation expenditures for which a tax credit may be claimed is subject to inspection and examination by the tax commissioner or employees of the commissioner under section 5703.19 of the Revised Code and any other applicable law. Upon the issuance of a certificate, the director shall certify to the tax commissioner, in the form and manner requested by the tax commissioner, the name of the applicant, the amount of qualified rehabilitation expenditures shown on the certificate, and any other information required by the rules adopted under this section. (F)(1) On or before the first day of August each year, the director of development services and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a report on the tax credit program established under this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The report shall present an overview of the program and shall include information on the number of rehabilitation tax credit certificates issued under this section during the preceding fiscal year, an update on the status of each historic building for which an application was approved under this section, the dollar amount of the tax credits granted under sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and any other information the director and commissioner consider relevant to the topics addressed in the report. (2) On or before December 1, 2015, the director of development services and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a comprehensive report that includes the information required by division (F)(1) of this section and a detailed analysis of the effectiveness of issuing tax credits for Am. Sub. H. B. No. 110 134th G.A. 273 rehabilitating historic buildings. The report shall be prepared with the assistance of an economic research organization jointly chosen by the director and commissioner. (G) There is hereby created in the state treasury the historic rehabilitation tax credit operating fund. The director of development services is authorized to charge reasonable application and other fees in connection with the administration of tax credits authorized by this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. Any such fees collected shall be credited to the fund and used to pay reasonable costs incurred by the department of development services in administering this section and sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The Ohio historic preservation office is authorized to charge reasonable fees in connection with its review and approval of applications under this section. Any such fees collected shall be credited to the fund and used to pay administrative costs incurred by the Ohio historic preservation office pursuant to this section. (H) Notwithstanding sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate owner of a tax credit certificate issued under division (D)(6) of this section may claim a tax credit equal to twenty-five per cent of the dollar amount indicated on the certificate for a total credit of not more than twenty-five million dollars. The credit claimed by such a certificate owner for any calendar year, tax year, or taxable year under section 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed five million dollars. If the certificate owner is eligible for more than five million dollars in total credits, the certificate owner may carry forward the balance of the credit in excess of the amount claimed for that year for not more than five ensuing calendar years, tax years, or taxable years. If the credit claimed in any calendar year, tax year, or taxable year exceeds the tax otherwise due, the excess shall be refunded to the taxpayer. (I) The director of development services, in consultation with the director of budget and management, shall develop and adopt a system of tracking any information necessary to anticipate the impact of credits issued under this section on tax revenues for current and future fiscal years. Such information may include the number of applications approved, the estimated rehabilitation expenditures and rehabilitation period associated with such applications, the number and amount of tax credit certificates issued, and any other information the director of budget and management requires for the purposes of this division. Am. Sub. H. B. No. 110 134th G.A. 274 Sec. 149.43. (A) As used in this section: (1) "Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. "Public record" does not mean any of the following: (a) Medical records; (b) Records pertaining to probation and parole proceedings, to proceedings related to the imposition of community control sanctions and post-release control sanctions, or to proceedings related to determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies; (c) Records pertaining to actions under section 2151.85 and division (C) of section 2919.121 of the Revised Code and to appeals of actions arising under those sections; (d) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code; (e) Information in a record contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to section 3111.69 of the Revised Code, the office of child support in the department or a child support enforcement agency; (f) Records specified in division (A) of section 3107.52 of the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential under section 2710.03 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database pursuant to section 109.573 of the Revised Code; (k) Inmate records released by the department of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of section 5120.21 of the Revised Code; (l) Records maintained by the department of youth services pertaining to children in its custody released by the department of youth services to the department of rehabilitation and correction pursuant to section 5139.05 of the Revised Code; (m) Intellectual property records; Am. Sub. H. B. No. 110 134th G.A. 275 (n) Donor profile records; (o) Records maintained by the department of job and family services pursuant to section 3121.894 of the Revised Code; (p) Designated public service worker residential and familial information; (q) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a trade secret, as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of a person under the age of eighteen; (s) In the case of a child fatality review board acting under sections 307.621 to 307.629 of the Revised Code or a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, records provided to the board or director, statements made by board members during meetings of the board or by persons participating in the director's review, and all work products of the board or director, and in the case of a child fatality review board, child fatality review data submitted by the board to the department of health or a national child death review database, other than the report prepared pursuant to division (A) of section 307.626 of the Revised Code; (t) Records provided to and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to section 5153.171 of the Revised Code other than the information released under that section; (u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of executives of long-term services and supports administers under section 4751.15 of the Revised Code or contracts under that section with a private or government entity to administer; (v) Records the release of which is prohibited by state or federal law; (w) Proprietary information of or relating to any person that is submitted to or compiled by the Ohio venture capital authority created under section 150.01 of the Revised Code; (x) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency; (y) Records listed in section 5101.29 of the Revised Code; Am. Sub. H. B. No. 110 134th G.A. 276 (z) Discharges recorded with a county recorder under section 317.24 of the Revised Code, as specified in division (B)(2) of that section; (aa) Usage information including names and addresses of specific residential and commercial customers of a municipally owned or operated public utility; (bb) Records described in division (C) of section 187.04 of the Revised Code that are not designated to be made available to the public as provided in that division; (cc) Information and records that are made confidential, privileged, and not subject to disclosure under divisions (B) and (C) of section 2949.221 of the Revised Code; (dd) Personal information, as defined in section 149.45 of the Revised Code; (ee) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record, and records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state. As used in this division, "confidential address" and "program participant" have the meaning defined in section 111.41 of the Revised Code. (ff) Orders for active military service of an individual serving or with previous service in the armed forces of the United States, including a reserve component, or the Ohio organized militia, except that, such order becomes a public record on the day that is fifteen years after the published date or effective date of the call to order; (gg) The name, address, contact information, or other personal

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