Text of OH HB 110 (2021)
Creates appropriations for FY 2022-2023.
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As introduced
4,122,221 characters · the first 725,902 are shown
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,
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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,
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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,
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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,
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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.
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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,
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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,
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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:
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Sec. 9.27. (A) As used in this section, "state" and "state
agency" mean the state of Ohio, including the general assembly,
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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.
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(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:
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(1) A provision that requires the state to indemnify or hold
harmless another person.
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(2) A provision by which the state agrees to binding
arbitration or any other binding extra-judicial dispute resolution
process.
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(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.
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(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.
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(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.
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(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
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H. B. No. 110
Page 8
As Introduced
in section 109.07 of the Revised Code.
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(7) A provision that is inconsistent with the state's
obligations under section 149.43 of the Revised Code.
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(8) A provision for automatic renewal such that state funds
are or would be obligated in subsequent fiscal years.
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(9) A provision that limits the state's ability to recover
the cost of cover for a replacement contractor.
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(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.
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(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.
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(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.
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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.
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(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.
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(C) The office may take any of the following actions that it
determines to be in the best interests of the state:
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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.
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(2) Provide coverage of legal expenses that are necessary and
related to the legal defense of claims against the state;
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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;
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287
(4) Consolidate and combine state insurance coverages;
288
(5) Provide technical services in risk management and
insurance to state agencies;
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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.
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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.
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300
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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
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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.
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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:
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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;
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322
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324
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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
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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
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350
351
352
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(B) Funds shall be reserved as necessary, in the exercise of
sound and prudent actuarial judgment, to cover potential expense,
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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.
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385
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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.
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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
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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.
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413
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419
420
421
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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
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429
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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
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435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
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455
456
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458
459
460
461
462
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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.
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469
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471
472
473
474
475
476
477
478
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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
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493
494
495
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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
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525
526
527
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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
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545
546
547
548
549
550
551
552
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560
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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
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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;
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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
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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
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599
600
601
602
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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.
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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,
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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;
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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;
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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;
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649
650
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653
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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
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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
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663
664
665
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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:
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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.
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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.
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681
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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.
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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.
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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.
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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.
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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.
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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.
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702
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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
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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.
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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
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1094
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1099
1100
1101
1102
1103
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1105
1106
H. B. No. 110
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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
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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
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H. B. No. 110
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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
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H. B. No. 110
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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
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H. B. No. 110
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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
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H. B. No. 110
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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
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H. B. No. 110
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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
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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
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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.
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H. B. No. 110
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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
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1385
1386
1387
1388
1389
1390
The Ohio peace officer training commission shall develop the
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H. B. No. 110
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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
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H. B. No. 110
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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
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1442
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1445
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H. B. No. 110
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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:
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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
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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;
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H. B. No. 110
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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
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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
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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
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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
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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;
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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
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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
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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.
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1722
1723
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1725
1726
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1729
Sec. 119.12. (A)(1) Except as provided in division (A)(2) or
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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
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1734
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1737
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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.
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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
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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.
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1763
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1765
1766
1767
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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
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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.
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1797
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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
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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
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1846
1847
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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
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1865
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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
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1870
1871
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1873
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1876
1877
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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
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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
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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
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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
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1907
1908
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1911
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1914
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1920
(M)(N) The court may affirm the order of the agency
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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
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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;
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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
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2026
2027
2028
2029
2030
2031
2032
2033
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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
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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
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2172
2173
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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
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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
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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
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2362
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2364
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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
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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
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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
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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
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2405
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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.
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2413
2414
2415
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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
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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
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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.
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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.
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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
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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
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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
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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
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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:
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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;
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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
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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
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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
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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
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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
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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
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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.
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2799
2800
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The director of development services shall prescribe the form
of the application. After receipt of an application, the authority
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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.
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2822
2823
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2826
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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
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2836
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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.
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2849
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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
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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;
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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
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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
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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
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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
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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
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2892
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(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
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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
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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
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2916
2917
2918
2919
2920
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2923
2924
2925
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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
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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
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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
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2945
2946
2947
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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
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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
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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
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2975
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2977
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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
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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
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3022
3023
3024
3025
3026
3027
3028
3029
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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
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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
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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:
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3186
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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
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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
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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
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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
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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
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4691
4692
4693
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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;
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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
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4810
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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;
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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
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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
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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
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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
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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
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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
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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
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5652
5653
5654
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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
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5661
5662
5663
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5665
5666
5667
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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
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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
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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
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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
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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
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5714
5715
5716
5717
5718
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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
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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
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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.
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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
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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
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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
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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
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5800
5801
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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
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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
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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
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5863
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5865
(6)(7) Employ a chief privacy officer who is responsible for
advising state agencies when establishing policies and procedures
5866
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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
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5887
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5889
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5891
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5894
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5896
(11)(12) Regularly review and make recommendations regarding
improving the infrastructure of the state's cybersecurity
5897
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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
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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
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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
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5987
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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
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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.
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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.
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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
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6052
(F)(1) Not later than the date that is one year after an
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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
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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
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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
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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
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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
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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
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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
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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
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6689
6690
6691
6692
6693
6694
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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
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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
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6784
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6786
6787
6788
6789
(2) "Qualified rehabilitation expenditures" means
expenditures paid or incurred during the rehabilitation period,
6790
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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
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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
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6848
6849
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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
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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
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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
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6951
6952
6953
6954
6955
6956
6957
6958
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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
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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
The text is cut here.
As enrolled or final
6,472,770 characters · the first 735,270 are shown
(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
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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
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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.
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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
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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
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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
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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
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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;
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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
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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
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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
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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
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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
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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.
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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,
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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
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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:
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(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.
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(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;
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(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
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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:
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(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
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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
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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
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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
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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
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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
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(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
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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
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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,
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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
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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
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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
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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
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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
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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.
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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,
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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,
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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;
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(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
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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
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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
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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
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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
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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
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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
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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:
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(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
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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
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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
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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
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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
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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.
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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
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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
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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;
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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
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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
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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
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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,
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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:
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(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
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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
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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
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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,
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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,
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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
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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;
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(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
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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.
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(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
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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
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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.
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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.
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(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
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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
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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
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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;
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(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
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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
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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
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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
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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
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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
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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.
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"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.
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(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
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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.
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(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
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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
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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;
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(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
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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;
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(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
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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
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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.
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(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
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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.
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(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
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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,
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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:
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(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.
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(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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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;
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(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
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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
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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
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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.
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(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
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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,
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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
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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
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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
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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
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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
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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
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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;
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(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
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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
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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
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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
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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.
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(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,
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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.
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(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.
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(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
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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.
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(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
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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
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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
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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
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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
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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,
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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,
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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;
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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.
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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
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(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
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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.
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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
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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.
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(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
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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
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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;
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(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
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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
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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
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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
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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
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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
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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.
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(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
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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;
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(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
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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
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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
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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
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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;
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(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
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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.
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(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
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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
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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
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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.
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(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
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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.
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(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.
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(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
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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
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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
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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
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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
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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
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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.
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(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
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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.
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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.
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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
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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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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
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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.
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(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;
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(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
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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.
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(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
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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
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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
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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
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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.
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(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
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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.
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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;
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(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;
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(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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