Text of OH HB 96 (2025)

As Introduced 136th General Assembly Regular Session H. B. No. 96 2025-2026 Representative Stewart A B I L L To amend sections 9.239, 9.27, 9.28, 9.312, 9.331, 9.334, 9.47, 9.821, 102.02, 107.71, 113.05, 113.13, 113.40, 113.51, 119.062, 120.06, 120.08, 121.02, 121.03, 121.084, 121.085, 121.22, 121.35, 121.36, 121.37, 122.175, 122.1710, 122.4041, 122.41, 122.42, 122.47, 122.49, 122.53, 122.571, 122.59, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701, 122.702, 122.85, 123.10, 123.21, 123.211, 123.28, 123.281, 124.02, 124.07, 124.11, 124.134, 124.135, 124.136, 124.1310, 124.1312, 124.142, 124.15, 124.152, 124.17, 124.181, 124.382, 124.384, 124.385, 124.386, 124.81, 125.01, 125.02, 125.035, 125.036, 125.04, 125.041, 125.05, 125.051, 125.061, 125.07, 125.071, 125.072, 125.073, 125.09, 125.091, 125.11, 125.13, 125.18, 125.183, 125.31, 125.42, 125.58, 125.601, 126.14, 126.141, 126.32, 126.42, 127.16, 128.021, 128.46, 128.99, 131.01, 131.50, 131.51, 135.01, 135.03, 135.18, 135.71, 141.01, 145.01, 145.334, 149.3010, 149.311, 149.38, 149.43, 153.01, 153.013, 153.07, 153.08, 153.09, 153.12, 153.13, 153.14, 153.50, 153.501, 153.502, 153.503, 153.54, 153.63, 153.65, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. B. No. 96 Page 2 As Introduced 153.693, 164.01, 164.05, 164.06, 164.08, 164.14, 165.04, 166.03, 166.08, 169.01, 169.05, 169.08, 169.12, 169.99, 173.38, 173.381, 173.391, 173.525, 175.16, 175.17, 307.515, 307.86, 307.985, 340.01, 340.011, 340.02, 340.021, 340.022, 340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05, 340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 718.031, 718.85, 718.88, 718.89, 718.90, 731.14, 731.141, 733.40, 901.43, 904.02, 904.04, 905.32, 905.57, 907.13, 907.14, 909.01, 909.02, 909.07, 909.08, 909.09, 909.13, 911.02, 913.23, 915.16, 915.24, 921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, 921.14, 921.16, 921.23, 921.24, 921.26, 923.42, 923.44, 923.51, 924.51, 927.53, 928.02, 928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17, 935.20, 935.24, 943.01, 943.04, 943.16, 943.20, 943.21, 943.22, 943.23, 943.24, 943.25, 943.26, 943.99, 956.07, 956.10, 956.13, 956.16, 956.18, 956.21, 956.22, 956.23, 993.01, 993.04, 1311.252, 1321.21, 1347.08, 1509.03, 1509.221, 1509.36, 1517.11, 1521.16, 1521.23, 1522.12, 1533.11, 1533.131, 1533.32, 1533.71, 1533.721, 1533.731, 1533.77, 1546.01, 1547.531, 1547.54, 1548.06, 1561.13, 1561.16, 1561.46, 1561.48, 1701.04, 1701.07, 1703.041, 1707.36, 1707.37, 1707.46, 1707.47, 1713.03, 2101.16, 2151.27, 2151.311, 2151.316, 2151.356, 2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424, 2151.45, 2151.451, 2151.452, 2151.453, 2152.21, 2152.26, 2909.05, 2915.01, 2921.13, 2921.36, 2925.14, 2927.02, 2927.11, 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 H. B. No. 96 Page 3 As Introduced 2945.401, 2953.32, 2967.12, 2967.28, 2969.13, 3101.08, 3107.01, 3107.012, 3107.031, 3107.033, 3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391, 3109.14, 3109.171, 3109.172, 3109.173, 3109.178, 3115.201, 3119.01, 3121.01, 3121.441, 3123.89, 3123.90, 3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.221, 3301.541, 3301.57, 3302.03, 3302.034, 3302.13, 3302.20, 3310.033, 3312.01, 3312.07, 3312.08, 3312.09, 3312.10, 3312.13, 3313.411, 3313.413, 3313.60, 3313.608, 3313.609, 3313.6013, 3313.6020, 3313.6028, 3313.617, 3313.618, 3313.6113, 3313.6114, 3313.64, 3313.6611, 3313.753, 3313.90, 3314.013, 3314.016, 3314.017, 3314.02, 3314.03, 3314.034, 3314.05, 3314.08, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36, 3314.361, 3314.381, 3314.382, 3317.01, 3317.011, 3317.012, 3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02, 3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213, 3317.0215, 3317.0217, 3317.0218, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162, 3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3317.26, 3318.032, 3318.12, 3318.40, 3319.073, 3319.111, 3319.223, 3319.301, 3320.04, 3321.16, 3321.19, 3321.21, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17, 3326.11, 3326.44, 3327.101, 3328.24, 3333.04, 3333.041, 3333.071, 3333.129, 3333.164, 3333.24, 3334.11, 3334.12, 3345.033, 3345.06, 3345.14, 3345.57, 3345.69, 3345.691, 3345.692, 3345.71, 3345.74, 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 H. B. No. 96 Page 4 As Introduced 3345.75, 3354.19, 3501.01, 3513.10, 3701.033, 3701.045, 3701.65, 3701.841, 3704.14, 3705.126, 3705.17, 3706.01, 3706.04, 3706.46, 3714.07, 3714.073, 3715.021, 3719.04, 3721.01, 3721.026, 3721.07, 3721.32, 3722.01, 3722.03, 3722.04, 3722.06, 3722.13, 3728.01, 3734.021, 3734.05, 3734.281, 3734.57, 3734.79, 3734.85, 3734.901, 3734.904, 3734.907, 3738.01, 3738.03, 3738.04, 3738.06, 3738.08, 3738.09, 3742.32, 3742.50, 3743.56, 3745.11, 3748.13, 3750.02, 3769.03, 3769.088, 3769.091, 3770.02, 3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13, 3770.25, 3772.06, 3775.16, 3776.01, 3780.02, 3780.03, 3780.06, 3780.10, 3780.23, 3780.25, 3780.26, 3780.30, 3781.10, 3781.102, 3901.07, 3902.70, 3905.72, 3951.03, 4111.99, 4115.36, 4141.01, 4141.02, 4141.11, 4141.162, 4141.23, 4141.28, 4141.281, 4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30, 4303.183, 4303.204, 4303.2011, 4303.233, 4305.13, 4305.131, 4501.027, 4501.11, 4503.10, 4503.102, 4503.20, 4503.29, 4503.41, 4503.91, 4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.14, 4507.05, 4507.061, 4507.071, 4507.08, 4507.09, 4507.40, 4507.53, 4509.101, 4510.01, 4510.022, 4510.13, 4510.17, 4510.46, 4511.043, 4511.202, 4511.81, 4511.991, 4513.263, 4513.35, 4519.59, 4701.03, 4701.13, 4703.11, 4713.07, 4715.08, 4715.42, 4723.28, 4723.483, 4723.4811, 4723.653, 4723.89, 4725.07, 4729.01, 4729.06, 4729.49, 4729.52, 4729.53, 4729.54, 4729.541, 4729.56, 4729.561, 4729.59, 4729.60, 4729.80, 4729.901, 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 H. B. No. 96 Page 5 As Introduced 4729.902, 4729.921, 4730.433, 4730.437, 4731.07, 4731.295, 4731.298, 4731.92, 4731.96, 4732.07, 4734.04, 4735.06, 4735.09, 4740.06, 4741.03, 4743.09, 4744.12, 4749.06, 4751.20, 4751.24, 4751.25, 4755.41, 4755.61, 4757.41, 4758.01, 4758.02, 4758.03, 4758.10, 4758.11, 4758.13, 4758.20, 4758.21, 4758.22, 4758.221, 4758.23, 4758.24, 4758.26, 4758.27, 4758.28, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.51, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59, 4758.60, 4758.61, 4758.62, 4758.63, 4758.64, 4758.70, 4758.80, 4758.99, 4775.07, 4775.08, 4776.01, 4776.20, 4779.21, 4785.041, 4903.10, 4905.03, 4905.10, 4911.07, 4928.01, 4928.02, 4928.06, 4928.34, 4928.43, 4928.47, 4928.51, 4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544, 4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66, 4928.67, 4928.75, 5101.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141, 5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412, 5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418, 5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212, 5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28, 5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853, 5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 H. B. No. 96 Page 6 As Introduced 5101.8812, 5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897, 5101.899, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15, 5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12, 5104.29, 5104.30, 5104.32, 5104.34, 5104.37, 5104.38, 5104.39, 5104.41, 5104.50, 5104.99, 5117.07, 5119.01, 5119.011, 5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091, 5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17, 5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187, 5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30, 5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333, 5119.334, 5119.34, 5119.342, 5119.343, 5119.35, 5119.36, 5119.362, 5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37, 5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394, 5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43, 5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49, 5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60, 5119.61, 5119.71, 5119.82, 5119.89, 5119.90, 5119.99, 5120.16, 5120.21, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43, 5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23, 5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36, 5122.44, 5122.45, 5122.46, 5122.47, 5123.081, 5123.16, 5123.166, 5123.168, 5123.169, 5123.19, 5123.191, 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 H. B. No. 96 Page 7 As Introduced 5123.36, 5123.38, 5123.41, 5123.42, 5123.451, 5123.47, 5124.15, 5139.05, 5139.08, 5139.34, 5153.10, 5153.122, 5153.16, 5153.163, 5160.37, 5162.133, 5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30, 5164.38, 5165.192, 5165.26, 5167.01, 5167.03, 5167.123, 5168.08, 5168.11, 5168.22, 5180.14, 5180.21, 5180.22, 5502.05, 5502.14, 5502.30, 5503.04, 5513.01, 5513.02, 5701.11, 5703.059, 5703.19, 5703.21, 5703.261, 5703.262, 5703.263, 5703.37, 5703.70, 5705.14, 5709.212, 5709.93, 5725.01, 5725.23, 5726.03, 5726.20, 5726.21, 5727.08, 5727.25, 5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.60, 5727.82, 5727.83, 5727.89, 5728.09, 5728.10, 5729.10, 5733.022, 5735.062, 5735.12, 5735.121, 5736.05, 5736.09, 5739.027, 5739.032, 5739.07, 5739.102, 5739.12, 5739.122, 5739.124, 5739.13, 5739.133, 5739.31, 5739.99, 5741.121, 5741.122, 5743.01, 5743.02, 5743.025, 5743.05, 5743.051, 5743.081, 5743.082, 5743.32, 5743.51, 5743.52, 5743.56, 5743.62, 5743.63, 5743.99, 5745.03, 5745.04, 5745.041, 5745.08, 5745.09, 5745.12, 5747.01, 5747.021, 5747.05, 5747.062, 5747.063, 5747.064, 5747.07, 5747.071, 5747.072, 5747.08, 5747.082, 5747.09, 5747.10, 5747.13, 5747.15, 5747.40, 5747.42, 5747.43, 5747.44, 5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04, 5748.08, 5748.081, 5748.09, 5749.02, 5749.06, 5749.07, 5749.15, 5751.02, 5751.06, 5751.07, 5751.09, 5751.53, 5751.98, 5753.021, 5753.031, 5753.05, 5753.07, 5907.11, 5907.17, 6111.01, 6111.02, 6111.022, 6111.023, 6111.024, 6111.025, 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 H. B. No. 96 Page 8 As Introduced 6111.027, and 6111.04; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 122.66 (5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314), 122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317), 122.702 (5101.318), 943.20 (944.03), 943.21 (944.04), 943.22 (944.05), 943.23 (944.06), 943.24 (944.07), 943.25 (944.08), 3701.65 (5180.72), 3738.01 (5180.27), 3738.02 (5180.271), 3738.03 (5180.272), 3738.04 (5180.273), 3738.05 (5180.274), 3738.06 (5180.275), 3738.07 (5180.276), 3738.08 (5180.277), 3738.09 (5180.278), 5101.13 (5180.40), 5101.131 (5180.401), 5101.132 (5180.402), 5101.133 (5180.403), 5101.134 (5180.404), 5101.135 (5180.405), 5101.136 (5180.406), 5101.137 (5180.407), 5101.14 (5180.41), 5101.141 (5180.42), 5101.142 (5180.421), 5101.144 (5180.411), 5101.145 (5180.422), 5101.146 (5180.423), 5101.147 (5180.424), 5101.148 (5180.425), 5101.149 (5180.426), 5101.1410 (5180.427), 5101.1411 (5180.428), 5101.1412 (5180.429), 5101.1413 (5180.4210), 5101.1414 (5180.4211), 5101.1415 (5180.4212), 5101.1416 (5180.4213), 5101.1417 (5180.4214), 5101.1418 (5180.43), 5101.15 (5180.44), 5101.19 (5180.45), 5101.191 (5180.451), 5101.192 (5180.452), 5101.193 (5180.453), 5101.194 (5180.454), 5101.34 (5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343 (5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 H. B. No. 96 Page 9 As Introduced (5180.262), 5101.802 (5180.52), 5101.804 (5180.71), 5101.805 (5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853 (5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856 (5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884 (5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887 (5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812 (5180.56), 5104.50 (5180.04), and 5180.40 (5180.73); to enact new sections 3312.02, 3313.902, 3314.38, 3321.191, 3333.0415, 3345.86, and 3780.22 and sections 109.872, 122.97, 123.282, 126.10, 126.67, 126.70, 149.312, 153.695, 166.36, 166.37, 166.38, 169.061, 169.081, 943.27, 944.01, 944.02, 1501.47, 1513.371, 1546.25, 1546.26, 1713.032, 1713.033, 1713.041, 3301.24, 3301.82, 3313.6031, 3313.6032, 3313.8110, 3314.0311, 3314.0312, 3314.362, 3317.165, 3317.27, 3317.28, 3317.29, 3317.31, 3319.173, 3319.2310, 3319.271, 3326.092, 3326.093, 3333.0420, 3333.074, 3333.96, 3345.601, 3345.721, 3345.79, 3345.83, 3701.842, 3701.843, 3701.844, 3706.042, 3721.073, 3721.074, 3722.031, 3734.283, 3770.074, 3770.075, 3793.01, 3793.02, 3793.03, 3793.04, 3793.05, 3793.06, 3793.20, 3793.21, 3793.22, 3793.23, 3793.24, 3793.25, 3793.30, 3793.40, 3793.41, 3793.42, 3793.43, 3793.44, 3793.45, 3793.46, 3793.47, 3793.90, 3901.3815, 4113.31, 4141.011, 4141.44, 4503.511, 4507.41, 4508.023, 4729.261, 4758.49, 4758.491, 4758.65, 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 H. B. No. 96 Page 10 As Introduced 4758.651, 4798.08, 4798.10, 4928.545, 5101.612, 5103.039, 5103.09, 5104.302, 5104.53, 5104.60, 5119.211, 5119.344, 5123.1613, 5123.423, 5123.68, 5123.681, 5123.682, 5123.683, 5123.684, 5123.685, 5123.686, 5162.25, 5180.99, 5703.901, 5747.051, 5747.073, and 5747.761; and to repeal sections 113.06, 122.451, 122.55, 122.56, 122.561, 122.57, 124.183, 125.092, 125.093, 125.10, 125.112, 125.181, 125.36, 125.38, 125.43, 125.49, 125.51, 125.56, 125.60, 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 125.65, 125.76, 125.95, 128.412, 135.144, 904.06, 905.56, 935.25, 956.181, 1561.18, 1561.21, 1561.22, 3312.02, 3312.03, 3312.04, 3312.05, 3312.06, 3313.902, 3314.38, 3317.036, 3317.23, 3317.231, 3317.24, 3321.191, 3333.0415, 3345.86, 3354.24, 3780.18, 3780.19, 3780.22, 4729.551, 4758.18, 4758.241, 4758.50, 4758.52, 4928.57, 4928.581, 4928.582, 4928.583, 5104.08, 5123.352, 5163.05, 5180.23, 5180.24, 5180.34, 5503.031, 5745.13, 5902.06, and 5902.20 of the Revised Code and to repeal Sections 125.10 as subsequently amended and 125.11 as subsequently amended of H.B. 59 of the 130th General Assembly to make operating appropriations for the biennium beginning July 1, 2025, and ending June 30, 2027, to levy taxes, and to provide authorization and conditions for the operation of state programs. 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 H. B. No. 96 Page 11 As Introduced BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 101.01. That sections 9.239, 9.27, 9.28, 9.312, 9.331, 9.334, 9.47, 9.821, 102.02, 107.71, 113.05, 113.13, 113.40, 113.51, 119.062, 120.06, 120.08, 121.02, 121.03, 121.084, 121.085, 121.22, 121.35, 121.36, 121.37, 122.175, 122.1710, 122.4041, 122.41, 122.42, 122.47, 122.49, 122.53, 122.571, 122.59, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701, 122.702, 122.85, 123.10, 123.21, 123.211, 123.28, 123.281, 124.02, 124.07, 124.11, 124.134, 124.135, 124.136, 124.1310, 124.1312, 124.142, 124.15, 124.152, 124.17, 124.181, 124.382, 124.384, 124.385, 124.386, 124.81, 125.01, 125.02, 125.035, 125.036, 125.04, 125.041, 125.05, 125.051, 125.061, 125.07, 125.071, 125.072, 125.073, 125.09, 125.091, 125.11, 125.13, 125.18, 125.183, 125.31, 125.42, 125.58, 125.601, 126.14, 126.141, 126.32, 126.42, 127.16, 128.021, 128.46, 128.99, 131.01, 131.50, 131.51, 135.01, 135.03, 135.18, 135.71, 141.01, 145.01, 145.334, 149.3010, 149.311, 149.38, 149.43, 153.01, 153.013, 153.07, 153.08, 153.09, 153.12, 153.13, 153.14, 153.50, 153.501, 153.502, 153.503, 153.54, 153.63, 153.65, 153.693, 164.01, 164.05, 164.06, 164.08, 164.14, 165.04, 166.03, 166.08, 169.01, 169.05, 169.08, 169.12, 169.99, 173.38, 173.381, 173.391, 173.525, 175.16, 175.17, 307.515, 307.86, 307.985, 340.01, 340.011, 340.02, 340.021, 340.022, 340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05, 340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 718.031, 718.85, 718.88, 718.89, 718.90, 731.14, 731.141, 733.40, 901.43, 904.02, 904.04, 905.32, 905.57, 907.13, 907.14, 909.01, 909.02, 909.07, 909.08, 909.09, 909.13, 911.02, 913.23, 915.16, 915.24, 921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, 921.14, 921.16, 921.23, 921.24, 921.26, 923.42, 923.44, 923.51, 924.51, 927.53, 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 H. B. No. 96 Page 12 As Introduced 928.02, 928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17, 935.20, 935.24, 943.01, 943.04, 943.16, 943.20, 943.21, 943.22, 943.23, 943.24, 943.25, 943.26, 943.99, 956.07, 956.10, 956.13, 956.16, 956.18, 956.21, 956.22, 956.23, 993.01, 993.04, 1311.252, 1321.21, 1347.08, 1509.03, 1509.221, 1509.36, 1517.11, 1521.16, 1521.23, 1522.12, 1533.11, 1533.131, 1533.32, 1533.71, 1533.721, 1533.731, 1533.77, 1546.01, 1547.531, 1547.54, 1548.06, 1561.13, 1561.16, 1561.46, 1561.48, 1701.04, 1701.07, 1703.041, 1707.36, 1707.37, 1707.46, 1707.47, 1713.03, 2101.16, 2151.27, 2151.311, 2151.316, 2151.356, 2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424, 2151.45, 2151.451, 2151.452, 2151.453, 2152.21, 2152.26, 2909.05, 2915.01, 2921.13, 2921.36, 2925.14, 2927.02, 2927.11, 2945.401, 2953.32, 2967.12, 2967.28, 2969.13, 3101.08, 3107.01, 3107.012, 3107.031, 3107.033, 3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391, 3109.14, 3109.171, 3109.172, 3109.173, 3109.178, 3115.201, 3119.01, 3121.01, 3121.441, 3123.89, 3123.90, 3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.221, 3301.541, 3301.57, 3302.03, 3302.034, 3302.13, 3302.20, 3310.033, 3312.01, 3312.07, 3312.08, 3312.09, 3312.10, 3312.13, 3313.411, 3313.413, 3313.60, 3313.608, 3313.609, 3313.6013, 3313.6020, 3313.6028, 3313.617, 3313.618, 3313.6113, 3313.6114, 3313.64, 3313.6611, 3313.753, 3313.90, 3314.013, 3314.016, 3314.017, 3314.02, 3314.03, 3314.034, 3314.05, 3314.08, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36, 3314.361, 3314.381, 3314.382, 3317.01, 3317.011, 3317.012, 3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02, 3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213, 3317.0215, 3317.0217, 3317.0218, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162, 3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3317.26, 3318.032, 3318.12, 3318.40, 3319.073, 3319.111, 3319.223, 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 H. B. No. 96 Page 13 As Introduced 3319.301, 3320.04, 3321.16, 3321.19, 3321.21, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17, 3326.11, 3326.44, 3327.101, 3328.24, 3333.04, 3333.041, 3333.071, 3333.129, 3333.164, 3333.24, 3334.11, 3334.12, 3345.033, 3345.06, 3345.14, 3345.57, 3345.69, 3345.691, 3345.692, 3345.71, 3345.74, 3345.75, 3354.19, 3501.01, 3513.10, 3701.033, 3701.045, 3701.65, 3701.841, 3704.14, 3705.126, 3705.17, 3706.01, 3706.04, 3706.46, 3714.07, 3714.073, 3715.021, 3719.04, 3721.01, 3721.026, 3721.07, 3721.32, 3722.01, 3722.03, 3722.04, 3722.06, 3722.13, 3728.01, 3734.021, 3734.05, 3734.281, 3734.57, 3734.79, 3734.85, 3734.901, 3734.904, 3734.907, 3738.01, 3738.03, 3738.04, 3738.06, 3738.08, 3738.09, 3742.32, 3742.50, 3743.56, 3745.11, 3748.13, 3750.02, 3769.03, 3769.088, 3769.091, 3770.02, 3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13, 3770.25, 3772.06, 3775.16, 3776.01, 3780.02, 3780.03, 3780.06, 3780.10, 3780.23, 3780.25, 3780.26, 3780.30, 3781.10, 3781.102, 3901.07, 3902.70, 3905.72, 3951.03, 4111.99, 4115.36, 4141.01, 4141.02, 4141.11, 4141.162, 4141.23, 4141.28, 4141.281, 4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30, 4303.183, 4303.204, 4303.2011, 4303.233, 4305.13, 4305.131, 4501.027, 4501.11, 4503.10, 4503.102, 4503.20, 4503.29, 4503.41, 4503.91, 4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.14, 4507.05, 4507.061, 4507.071, 4507.08, 4507.09, 4507.40, 4507.53, 4509.101, 4510.01, 4510.022, 4510.13, 4510.17, 4510.46, 4511.043, 4511.202, 4511.81, 4511.991, 4513.263, 4513.35, 4519.59, 4701.03, 4701.13, 4703.11, 4713.07, 4715.08, 4715.42, 4723.28, 4723.483, 4723.4811, 4723.653, 4723.89, 4725.07, 4729.01, 4729.06, 4729.49, 4729.52, 4729.53, 4729.54, 4729.541, 4729.56, 4729.561, 4729.59, 4729.60, 4729.80, 4729.901, 4729.902, 4729.921, 4730.433, 4730.437, 4731.07, 4731.295, 4731.298, 4731.92, 4731.96, 4732.07, 4734.04, 4735.06, 4735.09, 4740.06, 4741.03, 4743.09, 4744.12, 4749.06, 4751.20, 4751.24, 4751.25, 4755.41, 4755.61, 4757.41, 4758.01, 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 H. B. No. 96 Page 14 As Introduced 4758.02, 4758.03, 4758.10, 4758.11, 4758.13, 4758.20, 4758.21, 4758.22, 4758.221, 4758.23, 4758.24, 4758.26, 4758.27, 4758.28, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.46, 4758.47, 4758.51, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59, 4758.60, 4758.61, 4758.62, 4758.63, 4758.64, 4758.70, 4758.80, 4758.99, 4775.07, 4775.08, 4776.01, 4776.20, 4779.21, 4785.041, 4903.10, 4905.03, 4905.10, 4911.07, 4928.01, 4928.02, 4928.06, 4928.34, 4928.43, 4928.47, 4928.51, 4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544, 4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66, 4928.67, 4928.75, 5101.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141, 5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412, 5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418, 5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212, 5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28, 5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853, 5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 5101.8812, 5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897, 5101.899, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15, 5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12, 5104.29, 5104.30, 5104.32, 5104.34, 5104.37, 5104.38, 5104.39, 5104.41, 5104.50, 5104.99, 5117.07, 5119.01, 5119.011, 5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091, 5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17, 5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187, 5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30, 5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333, 5119.334, 5119.34, 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 H. B. No. 96 Page 15 As Introduced 5119.342, 5119.343, 5119.35, 5119.36, 5119.362, 5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37, 5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394, 5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43, 5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49, 5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60, 5119.61, 5119.71, 5119.82, 5119.89, 5119.90, 5119.99, 5120.16, 5120.21, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43, 5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23, 5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36, 5122.44, 5122.45, 5122.46, 5122.47, 5123.081, 5123.16, 5123.166, 5123.168, 5123.169, 5123.19, 5123.191, 5123.36, 5123.38, 5123.41, 5123.42, 5123.451, 5123.47, 5124.15, 5139.05, 5139.08, 5139.34, 5153.10, 5153.122, 5153.16, 5153.163, 5160.37, 5162.133, 5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30, 5164.38, 5165.192, 5165.26, 5167.01, 5167.03, 5167.123, 5168.08, 5168.11, 5168.22, 5180.14, 5180.21, 5180.22, 5502.05, 5502.14, 5502.30, 5503.04, 5513.01, 5513.02, 5701.11, 5703.059, 5703.19, 5703.21, 5703.261, 5703.262, 5703.263, 5703.37, 5703.70, 5705.14, 5709.212, 5709.93, 5725.01, 5725.23, 5726.03, 5726.20, 5726.21, 5727.08, 5727.25, 5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.60, 5727.82, 5727.83, 5727.89, 5728.09, 5728.10, 5729.10, 5733.022, 5735.062, 5735.12, 5735.121, 5736.05, 5736.09, 5739.027, 5739.032, 5739.07, 5739.102, 5739.12, 5739.122, 5739.124, 5739.13, 5739.133, 5739.31, 5739.99, 5741.121, 5741.122, 5743.01, 5743.02, 5743.025, 5743.05, 5743.051, 5743.081, 5743.082, 5743.32, 5743.51, 5743.52, 5743.56, 5743.62, 5743.63, 5743.99, 5745.03, 5745.04, 5745.041, 5745.08, 5745.09, 5745.12, 5747.01, 5747.021, 5747.05, 5747.062, 5747.063, 5747.064, 5747.07, 5747.071, 5747.072, 5747.08, 5747.082, 5747.09, 5747.10, 5747.13, 5747.15, 5747.40, 5747.42, 5747.43, 5747.44, 5747.98, 5748.01, 5748.02, 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 H. B. No. 96 Page 16 As Introduced 5748.021, 5748.03, 5748.04, 5748.08, 5748.081, 5748.09, 5749.02, 5749.06, 5749.07, 5749.15, 5751.02, 5751.06, 5751.07, 5751.09, 5751.53, 5751.98, 5753.021, 5753.031, 5753.05, 5753.07, 5907.11, 5907.17, 6111.01, 6111.02, 6111.022, 6111.023, 6111.024, 6111.025, 6111.027, and 6111.04 be amended; sections 122.66 (5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314), 122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317), 122.702 (5101.318), 943.20 (944.03), 943.21 (944.04), 943.22 (944.05), 943.23 (944.06), 943.24 (944.07), 943.25 (944.08), 3701.65 (5180.72), 3738.01 (5180.27), 3738.02 (5180.271), 3738.03 (5180.272), 3738.04 (5180.273), 3738.05 (5180.274), 3738.06 (5180.275), 3738.07 (5180.276), 3738.08 (5180.277), 3738.09 (5180.278), 5101.13 (5180.40), 5101.131 (5180.401), 5101.132 (5180.402), 5101.133 (5180.403), 5101.134 (5180.404), 5101.135 (5180.405), 5101.136 (5180.406), 5101.137 (5180.407), 5101.14 (5180.41), 5101.141 (5180.42), 5101.142 (5180.421), 5101.144 (5180.411), 5101.145 (5180.422), 5101.146 (5180.423), 5101.147 (5180.424), 5101.148 (5180.425), 5101.149 (5180.426), 5101.1410 (5180.427), 5101.1411 (5180.428), 5101.1412 (5180.429), 5101.1413 (5180.4210), 5101.1414 (5180.4211), 5101.1415 (5180.4212), 5101.1416 (5180.4213), 5101.1417 (5180.4214), 5101.1418 (5180.43), 5101.15 (5180.44), 5101.19 (5180.45), 5101.191 (5180.451), 5101.192 (5180.452), 5101.193 (5180.453), 5101.194 (5180.454), 5101.34 (5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343 (5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78 (5180.262), 5101.802 (5180.52), 5101.804 (5180.71), 5101.805 (5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853 (5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856 (5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884 (5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887 (5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812 (5180.56), 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 H. B. No. 96 Page 17 As Introduced 5104.50 (5180.04), and 5180.40 (5180.73) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 3312.02, 3313.902, 3314.38, 3321.191, 3333.0415, 3345.86, and 3780.22 and sections 109.872, 122.97, 123.282, 126.10, 126.67, 126.70, 149.312, 153.695, 166.36, 166.37, 166.38, 169.061, 169.081, 943.27, 944.01, 944.02, 1501.47, 1513.371, 1546.25, 1546.26, 1713.032, 1713.033, 1713.041, 3301.24, 3301.82, 3313.6031, 3313.6032, 3313.8110, 3314.0311, 3314.0312, 3314.362, 3317.165, 3317.27, 3317.28, 3317.29, 3317.31, 3319.173, 3319.2310, 3319.271, 3326.092, 3326.093, 3333.0420, 3333.074, 3333.96, 3345.601, 3345.721, 3345.79, 3345.83, 3701.842, 3701.843, 3701.844, 3706.042, 3721.073, 3721.074, 3722.031, 3734.283, 3770.074, 3770.075, 3793.01, 3793.02, 3793.03, 3793.04, 3793.05, 3793.06, 3793.20, 3793.21, 3793.22, 3793.23, 3793.24, 3793.25, 3793.30, 3793.40, 3793.41, 3793.42, 3793.43, 3793.44, 3793.45, 3793.46, 3793.47, 3793.90, 3901.3815, 4113.31, 4141.011, 4141.44, 4503.511, 4507.41, 4508.023, 4729.261, 4758.49, 4758.491, 4758.65, 4758.651, 4798.08, 4798.10, 4928.545, 5101.612, 5103.039, 5103.09, 5104.302, 5104.53, 5104.60, 5119.211, 5119.344, 5123.1613, 5123.423, 5123.68, 5123.681, 5123.682, 5123.683, 5123.684, 5123.685, 5123.686, 5162.25, 5180.99, 5703.901, 5747.051, 5747.073, and 5747.761 of the Revised Code be enacted to read as follows: Sec. 9.239. (A) As used in this section: (1) "Public building" means a building owned by a public entity. (2) "Public entity" means a subdivision, the general assembly, a court, any department, division, institution, board, commission, authority, bureau or other agency of or 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 H. B. No. 96 Page 18 As Introduced instrumentality of the state, the five state retirement systems, or any other governmental entity. (3) "Subdivision" has the same meaning as in section 2744.01 of the Revised Code. (B) A person that is primarily responsible for designing energy efficient commercial building property installed in a public building may seek allocation of any deduction allowed under section 179D of the Internal Revenue Code in connection with that installation by submitting a written request to the public entity that owns the building and the tax commissioner. Within fifteen days of receiving such a request, the public entity shall respond and, if merited, formally allocate the deduction as required under that section and any associated rules or guidance of the internal revenue service or the United States department of the treasury. The public entity shall send to the commissioner a copy of the response and, if applicable, the document or documents formally allocating the deduction. (C) If a public entity does not respond within fifteen days of receiving a request under division (B) of this section, the entity shall be considered to have approved the request. The commissioner shall provide the person that submitted the request with any documentation necessary to formally allocate the deduction. (D) No public entity and no employee or agent of a public entity acting in the employee's or agent's official capacity shall seek, solicit, charge, or accept a fee, payment, or other consideration in exchange for allocating a deduction allowed under section 179D of the Internal Revenue Code or providing documentation of such an allocation as required under that section and any associated rules or guidance of the internal 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 H. B. No. 96 Page 19 As Introduced revenue service or the United States department of the treasury. 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 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 H. B. No. 96 Page 20 As Introduced 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 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. (10) With respect to a purchase in which a state agency receives a license to use a software application designed to run on generally available desktop or server hardware or cloud platforms, a requirement that the state agency install or run the software on hardware or in a cloud platform dedicated solely to the state agency, or a provision that otherwise restricts the state agency from installing or running the software on hardware or in a cloud platform of the state agency's choosing. (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 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 H. B. No. 96 Page 21 As Introduced 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 September 30, 2021, or to the renewal or extension of a contract in effect before the effective date of this section that date. Sec. 9.28. (A) As used in this section: (1) "Competitive solicitationselection" means a request for proposal or any other solicitation or announcement by a public office requiring bids or proposals for the provision of goods or services to that officethe procedures for making purchases as defined in section 125.01 of the Revised Code. (2) "Public office" includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. "Public office" does not include the nonprofit corporation formed under section 187.01 of the Revised Code. (3) "State agency" includes every department, bureau, board, commission, office, or other organized body established by the constitution and laws of this state for the exercise of any function of state government, including any state-supported institution of higher education, the general assembly, any legislative agency, any court or judicial agency, or any political subdivision or agency of a political subdivision. "State agency" does not include the nonprofit corporation formed under section 187.01 of the Revised Code. (B) Except as provided in division (C) of this section, materials submitted to a public office in response relating to a 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 H. B. No. 96 Page 22 As Introduced competitive solicitation through competitive selection shall not be considered public records for purposes of under section 149.43 of the Revised Code until the date the public office announces after the award of a the contract based on the competitive solicitation or the cancellation of the competitive solicitationselection. (C) If a public office rejects all bids or proposals received in response to a competitive solicitation through competitive selection and, concurrently with the announcement of the rejection gives notice of its intent to reissue the solicitation through competitive selection, the materials submitted in response to the original competitive solicitation and the materials submitted in response to the reissued competitive solicitation shall not be considered public records for purposes of under section 149.43 of the Revised Code until the date the public office announces after the award of a the contract based on the reissued competitive solicitation through or the cancellation of the reissued competitive solicitationselection. Sec. 9.312. (A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage. The factors that the state agency or political subdivision shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, the bidder's financial condition, 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 H. B. No. 96 Page 23 As Introduced conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly. For purposes of this division, the provision of a bid guaranty in accordance with divisions (A)(1) and (B) of section 153.54 of the Revised Code issued by a surety licensed to do business in this state is evidence of financial responsibility, but a state agency or political subdivision may request additional financial information for review from an apparent low bidder after it opens all submitted bids. A state agency or political subdivision shall keep additional financial information it receives pursuant to a request under this division confidential, except under proper order of a court. The additional financial information is not a public record under section 149.43 of the Revised Code. An apparent low bidder found not to be responsive and responsible shall be notified by the state agency or political subdivision of that finding and the reasons for it. Except for contracts awarded by the department of administrative services pursuant to section 125.11 of the Revised Code, the notification shall be given in writing and either by certified mail or, if the state agency or political subdivision has record of an internet identifier of record associated with the bidder, or by ordinary certified mail and by that if no internet identifier of record is available. When awarding contracts pursuant to section 125.11 of the Revised Code, the department may send such notice in writing by first class mail or by electronic means. (B) Where a state agency or a political subdivision that has adopted an ordinance or resolution under division (C) of this section determines to award a contract to a bidder other than the apparent low bidder or bidders for the construction, 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 H. B. No. 96 Page 24 As Introduced reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement, it shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification required in division (A) of this section. No final award shall be made until the state agency or political subdivision either affirms or reverses its earlier determination. Notwithstanding any other provisions of the Revised Code, the procedure described in this division is not subject to Chapter 119. of the Revised Code. (C) A municipal corporation, township, school district, board of county commissioners, any other county board or commission, or any other political subdivision required by law to award contracts by competitive bidding may by ordinance or resolution adopt a policy of requiring each competitively bid contract it awards to be awarded to the lowest responsive and responsible bidder in accordance with this section. (D) As used in this section, "internet identifier of record" means an electronic mail address, or any other designation used for self-identification or routing in internet communication or posting, provided for the purpose of receiving communication. Sec. 9.331. (A) Before entering into a contract to employ a construction manager or construction manager at risk, a public authority shall may advertise, in a newspaper of general circulation news media available in the county where the contract is to be performed, and may shall advertise by electronic means pursuant to rules adopted by the director of administrative services, notice of its intent to employ a construction manager or construction manager at risk. The notice 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 H. B. No. 96 Page 25 As Introduced shall invite interested parties to submit proposals for consideration and shall be published at least thirty fourteen calendar days prior to the date for accepting the proposals. The public authority also may advertise the information contained in the notice in appropriate trade journals and otherwise notify persons believed to be interested in employment as a construction manager or construction manager at risk. (B) The advertisement shall include a general description of the project, a statement of the specific management services required, and a description of the qualifications required for the project. Sec. 9.334. (A)(A)(1) Every public authority planning to contract for construction management services with a construction manager at risk shall evaluate the proposals submitted and select not fewer than three construction managers at risk the public authority considers to be the most qualified to provide the required construction management services, except that the public authority shall select and rank fewer than three when the public authority determines in writing that fewer than three qualified construction managers at risk are available. (2) For projects valued at less than four million dollars, the public authority may require the construction manager at risk to submit a proposal described in division (A)(1) of this section along with a pricing proposal described in division (C) of this section, and proceed under division (B)(2) of this section before proceeding with selection and ranking as described in division (A)(1) of this section. The Ohio facilities construction commission shall biannually adjust for the rate of inflation, as defined in section 107.032 of the Revised Code and as of the effective date of this amendment, the 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 H. B. No. 96 Page 26 As Introduced maximum project value amount indicated in this division and post that amount on the commission's web site. (B)(B)(1) The public authority shall provide each construction manager at risk selected under division (A)(A)(1) of this section with a description of the project, including a statement of available design detail, a description of how the guaranteed maximum price for the project shall be determined, including the estimated level of design detail upon which the guaranteed maximum price shall be based, the form of the construction management contract, and a request for a pricing proposal. (2) The public authority shall provide each construction manager at risk who desires to submit a proposal under division (A)(2) of this section a pre-proposal meeting to explore the proposals further, in which the public authority shall provide the construction manager at risk with a description of the project, including the scope and nature of the proposed services and potential technical approaches. (C) The pricing proposal of each construction manager at risk shall include at least the following regarding the construction manager at risk: (1) A list of key personnel for the project; (2) A statement of the general conditions and contingency requirements; (3) A fee proposal divided into a preconstruction fee, a construction fee, and the portion of the construction fee to be at risk in a guaranteed maximum price. (D) The public authority shall evaluate the submitted pricing proposals and may hold discussions with individual 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 H. B. No. 96 Page 27 As Introduced construction managers at risk to explore their proposals further, including the scope and nature of the proposed services and potential technical approaches. (E) After evaluating the pricing proposals, the public authority shall rank the selected construction managers at risk based on its evaluation of the value of each pricing proposal, with such evaluation considering the proposed cost and qualifications. (F) The public authority shall enter into negotiations for a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section. Contract negotiations shall be directed toward: (1) Ensuring that the construction manager at risk and the public authority mutually understand the essential requirements involved in providing the required construction management services, including the provisions for the use of contingency funds and the possible distribution of savings in the final costs of the project; (2) Ensuring that the construction manager at risk will be able to provide the necessary personnel, equipment, and facilities to perform the construction management services within the time required by the construction management contract; (3) Agreeing upon a procedure and schedule for determining a guaranteed maximum price using an open book pricing method that shall represent the total maximum amount to be paid by the public authority to the construction manager at risk for the project and that shall include the costs of all the work, the 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 H. B. No. 96 Page 28 As Introduced cost of its general conditions, the contingency, and the fee payable to the construction manager at risk. (G)(1) If the public authority fails to negotiate a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority shall inform the construction manager at risk, in writing, of the termination of negotiations. (2) Upon terminating negotiations, the public authority may enter into negotiations as provided in this section with the construction manager at risk that the public authority ranked next highest under division (E) of this section. If negotiations fail, the public authority may enter into negotiations as provided in this section with the construction manager at risk the public authority ranked next highest under division (E) of this section. (3) If a public authority fails to negotiate a construction management contract with a construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority may select additional construction managers at risk to provide pricing proposals to the public authority pursuant to this section or may select an alternative delivery method for the project. (H) If the public authority and construction manager at risk fail to agree on a guaranteed maximum price, nothing in this section shall prohibit the public authority from allowing the construction manager at risk to provide the management services that a construction manager is authorized to provide. 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 H. B. No. 96 Page 29 As Introduced (I) Nothing in this section affects a public authority's right to accept or reject any or all proposals in whole or in part. 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 department of development. The 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 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 director's designee shall issue a dated certificate of compliance with affirmative action programs. The director's designee may issue an updated certificate to a person upon request but not more frequently than once every one hundred eighty daystwo years. A person who violates an 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 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 H. B. No. 96 Page 30 As Introduced determination. (B) Any person denied a certificate or an updated certificate may appeal to the director of development for a review of 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 determination. (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. (D) The director of development, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend or rescind, rules to implement this section. 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, vehicle liability, casualty, 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 H. B. No. 96 Page 31 As Introduced 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 the Revised Code shall be interpreted to permit the settlement or compromise of those 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 H. B. No. 96 Page 32 As Introduced 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. (G) The office of the attorney general or counsel appointed by the office of the attorney general, including any legal representatives thereof, shall provide and share communications and documents that are made for the purpose of seeking or providing legal advice or counsel in connection with actual or potential litigation, liability claims, contract disputes, risk management issues, and other matters involving the programs of the office of risk management with the office. All such communications and documents shared between the office, a state agency, and the office of the attorney general or counsel appointed by the office of the attorney general, including any legal representatives thereof, are privileged and confidential. 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 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 H. B. No. 96 Page 33 As Introduced 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 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 H. B. No. 96 Page 34 As Introduced an educational service center that has a total student count of twelve thousand or more as most recently determined by the department of education and workforce 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 created by the director of administrative services under section 124.152 of the Revised Code; 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, 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 H. B. No. 96 Page 35 As Introduced 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 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 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 H. B. No. 96 Page 36 As Introduced 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 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 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 H. B. No. 96 Page 37 As Introduced 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 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 H. B. No. 96 Page 38 As Introduced 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 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 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 H. B. No. 96 Page 39 As Introduced 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; 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 H. B. No. 96 Page 40 As Introduced (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 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 H. B. No. 96 Page 41 As Introduced 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 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 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 H. B. No. 96 Page 42 As Introduced 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. 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 H. B. No. 96 Page 43 As Introduced 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. (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 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 H. B. No. 96 Page 44 As Introduced 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: 1 2 A For state office, except member of the state board of education $95 B For office of member of general assembly $40 C For county office $60 D For city office $35 E For office of member of the state board of education $35 F For office of member of a city, local, exempted village, or cooperative education board of education or educational service center governing board $30 G For position of business manager, treasurer, or superintendent of a 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 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 H. B. No. 96 Page 45 As Introduced 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. 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 H. B. No. 96 Page 46 As Introduced (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 created by the director of administrative services under 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. Sec. 107.71. The office of innovateohio is hereby established within the office of the governor. The governor shall appoint a director of the office who shall receive an annual salary equal to the maximum compensation specified in pay range 48 of salary schedule E-2 in created by the director of administrative services under division (B)(1)(B) of section 124.152 of the Revised Code. The governor shall appoint necessary professional, technical, and clerical personnel. The employees serve at the pleasure of the governor. The governor shall set the duties of the office. Sec. 109.872. (A) As used in this section: (1) "Sworn employee" means any of the following: 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 H. B. No. 96 Page 47 As Introduced (a) An enforcement agent of the Ohio investigative unit appointed pursuant to section 5502.14 of the Revised Code. (b) The superintendent and troopers of the state highway patrol appointed pursuant to section 5503.01 of the Revised Code. (c) Special police officers of the state highway patrol appointed pursuant to section 5503.09 of the Revised Code. (d) Other employees of any department, agency, or board of this state who are under the executive branch and ultimately report to the governor and are authorized to investigate, execute the laws of the state, protect public safety, or enforce the laws of this state as part of their job duties. (2) "Physical harm to persons" and "serious physical harm to persons" have the same meanings as in section 2901.01 of the Revised Code. (B) A sworn employee may be represented by an attorney selected pursuant to division (C) of this section when all of the following apply: (1) The sworn employee was involved in a use of force that resulted in death, serious physical harm to persons, or physical harm to persons. (2) The sworn employee's involvement in the use of force occurred within the scope and in the course of the sworn employee's assigned duties. (3) The sworn employee's involvement in the use of force is being investigated by a prosecuting attorney, the bureau of criminal identification and investigation, or another criminal investigating authority for possible criminal charges. 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 H. B. No. 96 Page 48 As Introduced (C) When all of the conditions set forth in division (B) of this section apply, the sworn employee may submit a request in writing for legal representation to the director of the sworn employee's appointing authority and to the governor or the governor's designee. If the governor or the governor's designee determines that all of the conditions in that division apply, and if the governor or the governor's designee considers the requested legal representation to be appropriate, the governor or the governor's designee, in the governor's or the governor's designee's sole discretion, may approve the request. If the governor or the governor's designee approves the request, the governor or the governor's designee shall furnish the sworn employee the names of three attorneys who are admitted to the practice of law in this state and are experienced in the defense of criminal charges. The sworn employee may select one of the attorneys to represent the sworn employee until the grand jury concludes its proceedings, a criminal complaint is filed, or the case is disposed of before the grand jury concludes its proceedings or a criminal complaint is filed. (D) An attorney who represents a sworn employee pursuant to division (C) of this section shall be paid at the usual rate for like services in the community in which the criminal proceedings occur or at the usual rate paid to special counsel under section 109.07 of the Revised Code. The appointing authority shall pay the attorney's compensation and all reasonable expenses and court costs incurred in the defense of the sworn employee. (E) If a criminal investigation described in division (B) (3) of this section of a sworn employee results in an indictment or the filing of a criminal complaint based on the sworn employee's involvement in the use of force, an attorney who 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 H. B. No. 96 Page 49 As Introduced represents the sworn employee pursuant to division (C) of this section may continue to represent the sworn employee in the criminal proceeding on any terms to which the attorney and sworn employee mutually agree. Neither the governor or the governor's designee nor the appointing authority is obligated to provide the sworn employee with legal representation or to pay attorney's fees, expenses, or court costs incurred by the sworn employee following the indictment or criminal complaint charging the sworn employee with an offense, but the governor or the governor's designee, in the governor's or the governor's designee's sole discretion, may approve a request to pay attorney's fees, expenses, or court costs incurred by the sworn employee following the indictment or criminal complaint. (F) If a sworn employee is represented by an attorney as described in division (C) of this section and if the sworn employee is subsequently convicted of or pleads guilty to a criminal offense based on the sworn employee's involvement in the use of force, the governor or the governor's designee or the appointing authority may direct the attorney general to seek to recover, including by means of a civil action, from the sworn employee the costs of legal representation paid by the appointing authority pursuant to division (C) of this section. (G) A decision of the governor or the governor's designee made under division (C) or (E) of this section is not subject to appeal or review in any court or other forum. No person has a right of action against the appointing authority, the governor, or the governor's designee in the court of claims or any other court based on a decision of the governor or the governor's designee made under this section. (H) The indemnification of a sworn employee pursuant to 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 H. B. No. 96 Page 50 As Introduced this section shall be accomplished only through the following procedure: (1) If the governor or the governor's designee determines that the actions or omissions of the employee that gave rise to the claim were within the scope of the employee's employment and that the costs of legal representation should be indemnified, the sworn officer's appointing authority shall prepare an indemnity agreement. The indemnity agreement shall specify that the appointing authority will indemnify the employee for the expenses of legal representation. The agreement is not effective until it is approved by the employee, the director or appointing authority, and the governor or the governor's designee. (2) The appointing authority shall forward a copy of the indemnity agreement to the director of budget and management. (3) The director of budget and management shall direct the appointing authority to pay the indemnification pursuant to this section against available unencumbered money in the appropriations of the appointing authority. The director of budget and management has sole discretion to determine whether unencumbered money in a particular appropriation is available for payment of the indemnification. (4) If sufficient money does not exist to pay the indemnification, the appointing authority shall request the general assembly to make an appropriation sufficient to pay the indemnification, and no payment shall be made until the appropriation is made. The appointing authority shall make the appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 H. B. No. 96 Page 51 As Introduced Sec. 113.05. (A) As used in sections 113.05 to 113.40 of the Revised Code: (1) "Account," "appropriation," "disbursement," "electronic funds transfer," "fund," and "warrant" have the same meanings as in section 131.01 of the Revised Code. (2) "Assets" has the same meaning as in section 131.01 of the Revised Code, but does not include items held in safekeeping by the treasurer of state including, but not limited to, collateral pledged to a state agency. (3) "Custodial funds" do not include items held in safekeeping by the treasurer of state including, but not limited to, collateral pledged to a state agency. (B) The state treasury consists of the moneys, claims, bonds, notes, other obligations, stocks, and other securities, receipts or other evidences of ownership, and other intangible assets of the state that are required by law to be deposited in the state treasury or are otherwise a part of the state treasury. All assets of the state treasury shall be kept in the rooms assigned the treasurer of state, with the vaults, safes, and other appliances therein; provided, that: (1) Securities required by law to be deposited or kept in the state treasury may be deposited for safekeeping with the federal reserve bank of Cleveland, Ohio or secured and insured depositories in or out of this state as designated by the treasurer of state. (2) Public moneys may be kept in constituted state depositories. (C) The custodial funds of the treasurer of state consist of the moneys, claims, bonds, notes, other obligations, stocks, 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 H. B. No. 96 Page 52 As Introduced and other securities, receipts or other evidences of ownership, and other intangible assets that are required by law to be kept in the custody of the treasurer of state but are not part of the state treasury. All assets of the custodial funds of the treasurer of state shall be kept in either or both of the following: (1) The rooms assigned the treasurer of state, with the vaults, safes, and other appliances therein; (2) The federal reserve bank of Cleveland, Ohio or secured and insured depositories in or out of this state as designated by the treasurer of state. (D) Assets of the state treasury shall not be commingled with assets of the custodial funds of the treasurer of state. The repositing and deposit of payments pursuant to section 113.06 of the Revised Code is in compliance with this section. Sec. 113.13. The treasurer of state shall have available and, as requested, transmit to the director of budget and management and to the governor information concerning the amount in the inactive account, the amount in the active account, and the amount of cash on hand. Sec. 113.40. (A) As used in this section: (1) "Financial transaction device" includes a credit card, debit card, charge banking card, prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone- initiated applications, or any other device or method for making an electronic payment or transfer of funds denominated in United States dollars. 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 H. B. No. 96 Page 53 As Introduced (2) "Processor" means an entity conducting the settlement of an electronic payment or transfer of funds, which shall be denominated in United States dollars. (3) "State expenses" includes fees, costs, taxes, assessments, fines, penalties, payments, or any other expense a person owes to a state office under the authority of a state elected official or to a state entity. (3)(4) "State elected official" means the governor, lieutenant governor, attorney general, secretary of state, treasurer of state, and auditor of state. (4)(5) "State entity" includes any state department, agency, board, or commission, or office under the authority of a state elected official that deposits funds into the state treasury or into an account in the custody of the treasurer of state. (B) Notwithstanding any other section of the Revised Code and subject to division (D) of this section, the board of deposit may shall adopt a resolution authorizing the acceptance of payments by financial transaction device to pay for state expenses. The resolution shall include all of the following: (1) A designation of those state elected officials and state entities authorized to accept payments by financial transaction device; (2) A list of state expenses that may be paid by the use of a financial transaction device; (3) Specific identification of financial transaction devices that a state elected official or state entity may authorize as acceptable means of payment for state expenses. Division (B)(3) of this section does not require that the same 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 H. B. No. 96 Page 54 As Introduced financial transaction devices be accepted for the payment of different types of state expenses. (4) The amount, if any, authorized as a surcharge or convenience fee under division (E) of this section for persons using a financial transaction device. Division (B)(4) of this section does not require that the same surcharges or convenience fees be applied to the payment of different types of state expenses. (5) A specific requirement, as provided in division (G) of this section, for the payment of a penalty if a payment made by means of a financial transaction device is returned or dishonored for any reason. The board of deposit's resolution also shall designate the treasurer of state as the administrative agent to solicit proposals for financial transaction device services, within guidelines established by the board of deposit in the resolution and in compliance with the procedures provided in division (C) of this section, from financial institutions, issuers of financial transaction devices, and processors of financial transaction devices; to make recommendations about those proposals to the state elected officials; and to assist state offices entities and state elected officials in implementing the state's any financial transaction device acceptance, and processing, and settlement program authorized under this section. The board of deposit's resolution applies to financial transaction device services related to any and all bank accounts comprising the state treasury as well as those in the custody of the treasurer of state but not part of the state treasury. (C) The administrative agent shall follow the procedures provided in this division whenever it plans to contract with 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 H. B. No. 96 Page 55 As Introduced financial institutions, issuers of financial transaction devices,one or more processors of financial transaction devices for the purposes of this section. The administrative agent shall request proposals from at least three financial institutions, issuers of financial transaction devices, or processors of financial transaction devices,for acceptance, processing, and settlement services as appropriate in accordance with the resolution adopted under division (B) of this section. Prior to sending any financial institution, issuer, or processor a copy of any such making the request for proposals available, the administrative agent shall advertise its intent to request proposals for two consecutive weeks by electronic publication on a state agency the administrative agent's web site made available to the general public. The notice shall state that the administrative agent intends to request proposals; specify the purpose of the request; indicate the date, which shall be at least ten fifteen calendar days after the initial publication, on which the request for proposals will be electronically mailed to financial institutions, issuers, or processors; and require that any financial institution, issuer, or processor, whichever is appropriate, interested in receiving the request for proposals submit written notice of this interest to the administrative agent not later than the day on which the request for proposals will be electronically mailedavailable. Upon receiving the proposals, the administrative agent shall review them and make a recommendation to the board of deposit regarding which proposal or proposals to accept. The board of deposit shall consider the agent's recommendation and review all proposals submitted, and then may choose to authorize the administrative agent, on the board's behalf, to contract with any or all one or more of the entities processors 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 H. B. No. 96 Page 56 As Introduced submitting proposals, as appropriate.; whereupon the administrative agent may enter into one or more contracts to provide acceptance, processing and settlement services to the state entities and state elected officials. Through its administrative agent, The the board of deposit shall provide any financial institution, issuer, or processor that submitted a proposal, but with which the board of deposit's administrative agent does not enter into a contract, notice that its proposal is rejected. (D) The board of deposit shall send a copy of the resolution adopted under division (B) of this section to each state elected official and state entity authorized to accept payments for state expenses by financial transaction device. After receiving the resolution and before accepting such payments by financial transaction device, such a state elected official or state entity shall provide written notification to the administrative agent of the official's or entity's intent to implement the resolution within the official's or entity's office. Each state office elected official or state entity subject to the board's resolution adopted under division (B) of this section shall use only the financial institutions, issuers of financial transaction devices, and processors of financial transaction devices with which the board of depositdeposit's administrative agent contracts, and each such office state elected official or state entity is subject to the terms of those contracts. If a state entity under the authority of a state elected official is directly responsible for collecting one or more state expenses and the state elected official determines not to accept payments by financial transaction device for one or more of those expenses, the office is not required to accept payments 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 H. B. No. 96 Page 57 As Introduced by financial transaction device for those expenses, notwithstanding the adoption of a resolution by the board of deposit under division (B) of this section. (E) The board of deposit state elected official or state entity may establish a surcharge or convenience fee that may be imposed upon a person making payment by a financial transaction device. The surcharge or convenience fee shall not be imposed unless authorized or otherwise permitted by the rules prescribed under a contract, between the financial institution, issuer, or processor and the administrative agent, governing the use and acceptance of the financial transaction device. The establishment of a Any surcharge or convenience fee shall follow the guidelines of the financial institution, issuer of financial transaction devices, or processor or processors of financial transaction devices with which the board of depositdeposit's administrative agent contracts. If a surcharge or convenience fee is imposed, every state elected official and state entity accepting payment by a financial transaction device, regardless of whether that entity is subject to a resolution adopted by the board of deposit, shall clearly post a notice in the entity's office, and shall notify each person making a payment by such a device, about the surcharge or fee. Notice to each person making a payment shall be provided regardless of the medium used to make the payment and in a manner appropriate to that medium. Each notice shall include all both of the following: (1) A statement that there is a surcharge or convenience fee for using a financial transaction device; (2) The total amount of the charge or fee expressed in 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 H. B. No. 96 Page 58 As Introduced dollars and cents for each transaction, or the rate of the charge or fee expressed as a percentage of the total amount of the transaction, whichever is applicable; (3) A clear statement that the surcharge or convenience fee is nonrefundable. (F) If a person elects to make a payment by a financial transaction device and a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee is not refundable. (G) If a person makes payment by a financial transaction device and the payment is returned or dishonored reversed for any reason, the person is liable to the state elected official or state entity for the state expense and any reimbursable costs for collection, including banking charges, legal fees, or other expenses incurred by the state elected official or state entity in collecting the returned or dishonored reversed payment. The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies provided by law. (H)(G) No person making any payment by a financial transaction device to a state office elected official or state entity shall be relieved from liability for the underlying obligation, except to the extent that the state elected official or state entity realizes final payment of the underlying obligation in cash or its equivalent. If final payment is not made by the financial transaction device issuer, or by other means of payment, or by other guarantor of payment in the transaction, the underlying obligation survives and the state elected official or state entity shall retain all remedies for enforcement that would have applied if the transaction had not 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 H. B. No. 96 Page 59 As Introduced occurred. (I)(H) A state entity elected official or employee of a state entity or state elected official who accepts a financial transaction device payment in accordance with this section and any applicable state or local statutes, laws, policies, or rules is immune from personal liability for the final collection of such payments as specified in section 9.87 of the Revised Code. (J)(I) If the board of deposit determines that it is necessary and in the state's best interest to contract with an additional entity processor subsequent to the contract award made under division (C) of this section, the board may meet and choose to contract with one or more additional entities processors for the remainder of the period previously established by a contract award made under division (C) of this section. (K)(J) The administrative agent, in cooperation with the office of budget and management, may adopt, amend, and rescind rules in accordance with section 111.15 of the Revised Code to implement and administer this section. Sec. 113.51. (A) The treasurer of state shall implement and administer a program under the terms and conditions established under sections 113.50 to 113.56 of the Revised Code. For that purpose, the treasurer shall do all of the following: (1) Develop and implement the program in a manner consistent with the provisions of sections 113.50 to 113.56 of the Revised Code; (2) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice; (3) Seek rulings and other guidance from the secretary and 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 H. B. No. 96 Page 60 As Introduced the internal revenue service relating to the program; (4) Make modifications to the program as necessary for participants in the program to qualify for the federal income tax benefits or treatment provided under section 529A of the Internal Revenue Code or rules adopted thereunder; (5) Impose and collect administrative fees and service charges in connection with any agreement or transaction relating to the program; (6) Develop marketing plans and promotional materials to publicize the program; (7) Establish the procedures by which funds held in program accounts shall be disbursed; (8) Administer the issuance of interests by the Ohio ABLE savings program trust fund to designated beneficiaries; (9) Establish the procedures by which funds held in program accounts shall be allocated to pay for administrative costs; (10) Take any other action necessary to implement and administer the program; (11) Adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement and administer the program; (12) Notify the secretary when a program account has been opened for a designated beneficiary and submit other reports concerning the program as required by the secretary or under section 529A of the Internal Revenue Code. (B) The treasurer of state may enter into agreements with other states or agencies of, subdivisions of, or residents of 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 H. B. No. 96 Page 61 As Introduced those states related to the program or a similar ABLE account program established by another state in accordance with section 529A of the Internal Revenue Code. (C) Any record of the treasurer of state indicating the identity of account beneficiaries and the balances and activity in ABLE accounts is not a public record under section 149.43 of the Revised Code. Sec. 119.062. (A) Notwithstanding section 119.06 of the Revised Code, the registrar of motor vehicles is not required to hold any hearing in connection with an order canceling or suspending a motor vehicle driver's or commercial driver's license pursuant to section 2903.06, 2903.08, 2921.331, 4549.02, 4549.021, or 5743.99 or any provision of Chapter 2925., 4509., 4510., or 4511. of the Revised Code or in connection with an out-of-service order issued under Chapter 4506. of the Revised Code. (B) Notwithstanding section 119.07 of the Revised Code, the registrar is not required to comply with section 119.05 of the Revised Code in connection with an order canceling or suspending a motor vehicle driver's or commercial driver's license or a notification to a person to surrender a certificate of registration and registration plates. (C) Regarding a written report and recommendation issued after an adjudication hearing concerning an order of the registrar, a party may submit written objections to the report and recommendation within fifteen days of the report's mailing date to the party, notwithstanding section 119.09 of the Revised Code. (D) Notwithstanding section 119.12 of the Revised Code, 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 H. B. No. 96 Page 62 As Introduced notice of an appeal of an order of the registrar shall be filed within fifteen days of the order's mailing date to the party. Sec. 120.06. (A)(1) The state public defender, when designated by the court or requested by a county public defender or joint county public defender, may provide legal representation in all courts throughout the state to indigent adults and juveniles who are charged with the commission of an offense or act for which the penalty or any possible adjudication includes the potential loss of liberty. (2) The state public defender may provide legal representation to any indigent person who, while incarcerated in any state correctional institution, is charged with a felony offense, for which the penalty or any possible adjudication that may be imposed by a court upon conviction includes the potential loss of liberty. (3) The state public defender may provide legal representation to any person incarcerated in any correctional institution of the state, in any matter in which the person asserts the person is unlawfully imprisoned or detained. (4) The state public defender, in any case in which the state public defender has provided legal representation or is requested to do so by a county public defender or joint county public defender, may provide legal representation on appeal. (5) The (5)(a) Except as provided in division (A)(5)(b) of this section, the state public defender, when designated by the court or requested by a county public defender, joint county public defender, or the director of rehabilitation and correction, shall provide legal representation in parole and probation revocation matters or matters relating to the 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 H. B. No. 96 Page 63 As Introduced revocation of community control or post-release control under a community control sanction or post-release control sanction, unless the state public defender finds that the alleged parole or probation violator or alleged violator of a community control sanction or post-release control sanction has the financial capacity to retain the alleged violator's own counsel. (b) If the state public defender determines that the state public defender does not have the capacity to provide the legal representation described in division (A)(5)(a) of this section, the state public defender may contract with private legal counsel to provide the legal representation described in that division. (6) If the state public defender contracts with a county public defender commission, a joint county public defender commission, or a board of county commissioners for the provision of services, under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall provide legal representation in accordance with the contract. (B) The state public defender shall not be required to prosecute any appeal, postconviction remedy, or other proceeding pursuant to division (A)(3), (4), or (5) of this section, unless the state public defender first is satisfied that there is arguable merit to the proceeding. (C) A court may appoint counsel or allow an indigent person to select the indigent's own personal counsel to assist the state public defender as co-counsel when the interests of justice so require. When co-counsel is appointed to assist the state public defender, the co-counsel shall receive any compensation that the court may approve, not to exceed the amounts provided for in section 2941.51 of the Revised Code. 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 H. B. No. 96 Page 64 As Introduced (D)(1) When the state public defender is designated by the court or requested by a county public defender or joint county public defender to provide legal representation for an indigent person in any case, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill detailing the actual cost of the representation that separately itemizes legal fees and expenses. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay the state public defender one hundred per cent of the amount identified as legal fees and expenses in the itemized bill. (2) Upon payment of the itemized bill under division (D) (1) of this section, the county may submit the cost of the legal fees and expenses to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code. (3) When the state public defender provides investigation or mitigation services to private appointed counsel or to a county or joint county public defender as approved by the appointing court, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill itemizing the actual cost of the services provided. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay one hundred per cent of the amount as set forth in the itemized bill. Upon payment of the itemized bill received pursuant to this division, the county may submit the cost of the investigation and mitigation services to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code. 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 H. B. No. 96 Page 65 As Introduced (4) There is hereby created in the state treasury the county representation fund for the deposit of moneys received from counties under this division. All moneys credited to the fund shall be used by the state public defender to provide legal representation for indigent persons when designated by the court or requested by a county or joint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court. (5) If the state public defender determines that the state public defender does not have the capacity to provide the legal representation described in division (A)(5)(a) of this section and the state public defender contracts with private legal counsel to provide the legal representation, the state public defender shall directly pay private legal counsel's fees and expenses from the indigent defense support fund pursuant to section 120.08 of the Revised Code. (E)(1) Notwithstanding any contrary provision of sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code that pertains to representation by the attorney general, an assistant attorney general, or special counsel of an officer or employee, as defined in section 109.36 of the Revised Code, or of an entity of state government, the state public defender may elect to contract with, and to have the state pay pursuant to division (E)(2) of this section for the services of, private legal counsel to represent the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, and attorneys described in division (C) of section 120.41 of the Revised Code in a malpractice or other civil action or 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 H. B. No. 96 Page 66 As Introduced proceeding that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, or in a civil action that is based upon alleged violations of the constitution or statutes of the United States, including section 1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, if the state public defender determines, in good faith, that the defendant in the civil action or proceeding did not act manifestly outside the scope of the defendant's employment or official responsibilities, with malicious purpose, in bad faith, or in a wanton or reckless manner. If the state public defender elects not to contract pursuant to this division for private legal counsel in a civil action or proceeding, then, in accordance with sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the attorney general shall represent or provide for the representation of the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, or attorneys described in division (C) of section 120.41 of the Revised Code in the civil action or proceeding. (2)(a) Subject to division (E)(2)(b) of this section, payment from the state treasury for the services of private legal counsel with whom the state public defender has contracted pursuant to division (E)(1) of this section shall be accomplished only through the following procedure: (i) The private legal counsel shall file with the attorney general a copy of the contract; a request for an award of legal fees, court costs, and expenses earned or incurred in connection with the defense of the Ohio public defender commission, the 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 H. B. No. 96 Page 67 As Introduced state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding; a written itemization of those fees, costs, and expenses, including the signature of the state public defender and the state public defender's attestation that the fees, costs, and expenses were earned or incurred pursuant to division (E)(1) of this section to the best of the state public defender's knowledge and information; a written statement whether the fees, costs, and expenses are for all legal services to be rendered in connection with that defense, are only for legal services rendered to the date of the request and additional legal services likely will have to be provided in connection with that defense, or are for the final legal services rendered in connection with that defense; a written statement indicating whether the private legal counsel previously submitted a request for an award under division (E) (2) of this section in connection with that defense and, if so, the date and the amount of each award granted; and, if the fees, costs, and expenses are for all legal services to be rendered in connection with that defense or are for the final legal services rendered in connection with that defense, a certified copy of any judgment entry in the civil action or proceeding or a signed copy of any settlement agreement entered into between the parties to the civil action or proceeding. (ii) Upon receipt of a request for an award of legal fees, court costs, and expenses and the requisite supportive documentation described in division (E)(2)(a)(i) of this section, the attorney general shall review the request and documentation; determine whether any of the limitations specified in division (E)(2)(b) of this section apply to the request; and, if an award of legal fees, court costs, or 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 H. B. No. 96 Page 68 As Introduced expenses is permissible after applying the limitations, prepare a document awarding legal fees, court costs, or expenses to the private legal counsel. The document shall name the private legal counsel as the recipient of the award; specify the total amount of the award as determined by the attorney general; itemize the portions of the award that represent legal fees, court costs, and expenses; specify any limitation applied pursuant to division (E)(2)(b) of this section to reduce the amount of the award sought by the private legal counsel; state that the award is payable from the state treasury pursuant to division (E)(2) (a)(iii) of this section; and be approved by the inclusion of the signatures of the attorney general, the state public defender, and the private legal counsel. (iii) The attorney general shall forward a copy of the document prepared pursuant to division (E)(2)(a)(ii) of this section to the director of budget and management. The award of legal fees, court costs, or expenses shall be paid out of the state public defender's appropriations, to the extent there is a sufficient available balance in those appropriations. If the state public defender does not have a sufficient available balance in the state public defender's appropriations to pay the entire award of legal fees, court costs, or expenses, the director shall make application for a transfer of appropriations out of the emergency purposes account or any other appropriation for emergencies or contingencies in an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations. A transfer of appropriations out of the emergency purposes account or any other appropriation for emergencies or contingencies shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 H. B. No. 96 Page 69 As Introduced requests, or requests for releases from the other appropriation. If a transfer of appropriations out of the emergency purposes account or other appropriation for emergencies or contingencies is made to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, the director shall cause the payment to be made to the private legal counsel. If sufficient moneys do not exist in the emergency purposes account or other appropriation for emergencies or contingencies to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, the private legal counsel shall request the general assembly to make an appropriation sufficient to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, and no payment in that amount shall be made until the appropriation has been made. The private legal counsel shall make the request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. (b) An award of legal fees, court costs, and expenses pursuant to division (E) of this section is subject to the following limitations: (i) The maximum award or maximum aggregate of a series of awards of legal fees, court costs, and expenses to the private legal counsel in connection with the defense of the Ohio public defender commission, the state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding shall not exceed fifty thousand dollars. (ii) The private legal counsel shall not be awarded legal 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 H. B. No. 96 Page 70 As Introduced fees, court costs, or expenses to the extent the fees, costs, or expenses are covered by a policy of malpractice or other insurance. (iii) The private legal counsel shall be awarded legal fees and expenses only to the extent that the fees and expenses are reasonable in light of the legal services rendered by the private legal counsel in connection with the defense of the Ohio public defender commission, the state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding. (c) If, pursuant to division (E)(2)(a) of this section, the attorney general denies a request for an award of legal fees, court costs, or expenses to private legal counsel because of the application of a limitation specified in division (E)(2) (b) of this section, the attorney general shall notify the private legal counsel in writing of the denial and of the limitation applied. (d) If, pursuant to division (E)(2)(c) of this section, a private legal counsel receives a denial of an award notification or if a private legal counsel refuses to approve a document under division (E)(2)(a)(ii) of this section because of the proposed application of a limitation specified in division (E) (2)(b) of this section, the private legal counsel may commence a civil action against the attorney general in the court of claims to prove the private legal counsel's entitlement to the award sought, to prove that division (E)(2)(b) of this section does not prohibit or otherwise limit the award sought, and to recover a judgment for the amount of the award sought. A civil action under division (E)(2)(d) of this section shall be commenced no later than two years after receipt of a denial of award 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 H. B. No. 96 Page 71 As Introduced notification or, if the private legal counsel refused to approve a document under division (E)(2)(a)(ii) of this section because of the proposed application of a limitation specified in division (E)(2)(b) of this section, no later than two years after the refusal. Any judgment of the court of claims in favor of the private legal counsel shall be paid from the state treasury in accordance with division (E)(2)(a) of this section. (F) If a court appoints the office of the state public defender to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant state public defender, the state public defender, or another attorney, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed. (G)(1) The state public defender may conduct a legal assistance referral service for children committed to the department of youth services relative to conditions of confinement claims. If the legal assistance referral service receives a request for assistance from a child confined in a facility operated, or contracted for, by the department of youth services and the state public defender determines that the child has a conditions of confinement claim that has merit, the state public defender may refer the child to a private attorney. If no private attorney who the child has been referred to by the state public defender accepts the case within a reasonable time, the state public defender may prepare, as appropriate, pro se pleadings in the form of a complaint regarding the conditions of 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 H. B. No. 96 Page 72 As Introduced confinement at the facility where the child is confined with a motion for appointment of counsel and other applicable pleadings necessary for sufficient pro se representation. (2) Division (G)(1) of this section does not authorize the state public defender to represent a child committed to the department of youth services in general civil matters arising solely out of state law. (3) The state public defender shall not undertake the representation of a child in court based on a conditions of confinement claim arising under this division. (H) A child's right to representation or services under this section is not affected by the child, or another person on behalf of the child, previously having paid for similar representation or services or having waived legal representation. (I) The state public defender shall have reasonable access to any child committed to the department of youth services, department of youth services institution, and department of youth services record as needed to implement this section. (J) As used in this section: (1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (2) "Conditions of confinement" means any issue involving a constitutional right or other civil right related to a child's incarceration, including, but not limited to, actions cognizable under 42 U.S.C. 1983. (3) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code. 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 H. B. No. 96 Page 73 As Introduced Sec. 120.08. There is hereby created in the state treasury the indigent defense support fund, consisting of money paid into the fund pursuant to sections 4507.45, 4509.101, 4510.22, and 4511.19 of the Revised Code and pursuant to sections 2937.22, 2949.091, and 2949.094 of the Revised Code out of the additional court costs imposed under those sections. The state public defender shall use at least eighty-three per cent of the money in the fund for the purposes of reimbursing county governments for expenses incurred pursuant to sections 120.18, 120.28, and 120.33 of the Revised Code and , operating its system pursuant to division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code, and directly paying private legal counsel's fees and expenses incurred pursuant to division (D)(5) of section 120.06 of the Revised Code. Disbursements from the fund to county governments shall be made at least once per year and shall be allocated proportionately so that each county receives an equal percentage of its cost for operating its county public defender system, its joint county public defender system, its county appointed counsel system, or its system operated under division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code. The state public defender may use not more than seventeen per cent of the money in the fund for the purposes of appointing assistant state public defenders, providing other personnel, equipment, and facilities necessary for the operation of the state public defender office, and providing training, developing and implementing electronic forms, or establishing and maintaining an information technology system used for the uniform operation of this chapter. Sec. 121.02. The following administrative departments and their respective directors are hereby created: 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 H. B. No. 96 Page 74 As Introduced (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 director of health; (H) The department of job and family services, which shall be administered by the director of job and family services; (I) The department of children and youth, which shall be administered by the director of children and youth; (J) The department of public safety, which shall be administered by the director of public safety; (K) The department of mental behavioral health and addiction services, which shall be administered by the director of mental behavioral 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 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 H. B. No. 96 Page 75 As Introduced administered by the superintendent of insurance as director thereof; (N) The department of development, which shall be administered by the director of development; (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; (U) The department of education and workforce, which shall be administered by the director of education and workforce. 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; 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 H. B. No. 96 Page 76 As Introduced (B) The director of commerce; (C) The director of transportation; (D) The director of agriculture; (E) The director of job and family services; (F) The director of children and youth; (G) The director of public safety; (H) The superintendent of insurance; (I) The director of development; (J) The tax commissioner; (K) The director of administrative services; (L) The director of natural resources; (M) The director of mental behavioral 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 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 H. B. No. 96 Page 77 As Introduced Code; (V) The chancellor of higher education; (W) The medicaid director; (X) The director of education and workforce. Sec. 121.084. (A) All The industrial compliance operating fund is created in the state treasury. All of the following shall be paid into the state treasury to the credit of the fund: (1) 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 ; (2) All fines collected under division (D) of section 4111.99 of the Revised Code; (3) 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. (B) 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)(C) of this section. (B)(C) The director of commerce 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. 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 H. B. No. 96 Page 78 As Introduced Sec. 121.085. The financial literacy education fund is hereby created in the state treasury. The fund shall consist of funds transferred to it from the consumer finance fund pursuant to section 1321.21 of the Revised Code. The fund shall be used to support various adult financial literacy education programs developed or implemented by the director of commerce. The fund shall be administered by the director of commerce who shall adopt rules for the distribution of fund moneys. The director of commerce shall adopt a rule to require that at least one-half of the financial literacy education programs developed or implemented pursuant to this section, and offered to the public, be presented by or available at public community colleges or state institutions throughout the state. The director of commerce shall deliver to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, and the governor an annual report that includes an outline of each adult financial literacy education program developed or implemented, the number of individuals who were educated by each program, and an accounting for all funds distributed. 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, 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 H. B. No. 96 Page 79 As Introduced 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. (4) "Public office" has the same meaning as in section 149.011 of the Revised Code. 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 H. B. No. 96 Page 80 As Introduced (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 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 2371 2372 2373 2374 H. B. No. 96 Page 81 As Introduced 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 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; 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 2403 H. B. No. 96 Page 82 As Introduced (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 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 5180.27 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 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 H. B. No. 96 Page 83 As Introduced described in section 307.641 of the Revised Code; (20) Meetings of the officers, members, or directors of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code, at which the public business of the corporation pertaining to a purpose for which the district is created is not discussed; (21) Meetings of a domestic violence fatality review board established under section 307.651 of the Revised Code; (22) Any nonprofit agency that has received an endorsement under section 122.69 5101.315 of the Revised Code. (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: (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. 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 H. B. No. 96 Page 84 As Introduced 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 available on the public body's web site 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 reasonable method 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, electronically mailing the agenda of meetings to all subscribers on a an electronic 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: 2459 2460 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 2488 H. B. No. 96 Page 85 As Introduced (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 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 2489 2490 2491 2492 2493 2494 2495 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 2518 2519 H. B. No. 96 Page 86 As Introduced 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; (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; 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 2545 2546 2547 2548 H. B. No. 96 Page 87 As Introduced (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 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 2572 2573 2574 2575 2576 2577 H. B. No. 96 Page 88 As Introduced 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 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 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) 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 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 2603 2604 2605 2606 2607 H. B. No. 96 Page 89 As Introduced 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) 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) 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. (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: 2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 2626 2627 2628 2629 2630 2631 2632 2633 2634 2635 2636 H. B. No. 96 Page 90 As Introduced (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. 121.35. (A) Subject to division (B) of this section, the following state agencies shall collaborate to revise and make more uniform the eligibility standards and eligibility determination procedures of programs the state agencies administer: 2637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2653 2654 2655 2656 2657 2658 2659 2660 2661 2662 2663 2664 2665 H. B. No. 96 Page 91 As Introduced (1) The department of aging; (2) The department of development; (3) The department of developmental disabilities; (4) The department of education and workforce; (5) The department of health; (6) The department of job and family services; (7) The department of medicaid; (8) The department of mental behavioral health and addiction services; (9) The opportunities for Ohioans with disabilities agency; (10) The department of children and youth. (B) In revising eligibility standards and eligibility determination procedures, a state agency shall not make any program's eligibility standards or eligibility determination procedures inconsistent with state or federal law. To the extent authorized by state and federal law, the revisions may provide for the state agencies to share administrative operations. Sec. 121.36. (A) As used in this section, "home care dependent adult" means an individual who resides in a private home or other noninstitutional and unlicensed living arrangement, without the presence of a parent or guardian, but has health and safety needs that require the provision of regularly scheduled home care services to remain in the home or other living arrangement because one of the following is the case: (1) The individual is at least twenty-one years of age but 2666 2667 2668 2669 2670 2671 2672 2673 2674 2675 2676 2677 2678 2679 2680 2681 2682 2683 2684 2685 2686 2687 2688 2689 2690 2691 2692 H. B. No. 96 Page 92 As Introduced less than sixty years of age and has a physical disability or mental impairment. (2) The individual is sixty years of age or older, regardless of whether the individual has a physical disability or mental impairment. (B) Except as provided in division (D) of this section, the departments of developmental disabilities, aging, job and family services, and health shall each implement this section with respect to all contracts entered into by the department for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Except as provided in division (D) of this section, each department shall also require all public and private entities that receive money from or through the department to comply with this section when entering into contracts for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Such entities may include county boards of developmental disabilities, area agencies on aging, county departments of job and family services, and boards of health of city and general health districts. (C) Beginning one year after September 26, 2003, each Each contract subject to this section shall include terms requiring that the provider of home care services to home care dependent adults have a system in place that effectively monitors the delivery of the services by its employees. To be considered an effective monitoring system for purposes of the contract, the system established by a provider must include at least the following components: (1) When providing home care services to home care 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 2718 2719 2720 2721 2722 H. B. No. 96 Page 93 As Introduced dependent adults who have a mental impairment or life- threatening health condition, a mechanism to verify whether the provider's employees are present at the location where the services are to be provided and at the time the services are to be provided; (2) When providing home care services to all other home care dependent adults, a system to verify at the end of each working day whether the provider's employees have provided the services at the proper location and time; (3) A protocol to be followed in scheduling a substitute employee when the monitoring system identifies that an employee has failed to provide home care services at the proper location and time, including standards for determining the length of time that may elapse without jeopardizing the health and safety of the home care dependent adult; (4) Procedures for maintaining records of the information obtained through the monitoring system; (5) Procedures for compiling annual reports of the information obtained through the monitoring system, including statistics on the rate at which home care services were provided at the proper location and time; (6) Procedures for conducting random checks of the accuracy of the monitoring system. For purposes of conducting these checks, a random check is considered to be a check of not more than five per cent of the home care visits the provider's employees make to different home care dependent adults within a particular work shift. (D) In implementing this section, the departments shall exempt providers the following from the section's requirements: 2723 2724 2725 2726 2727 2728 2729 2730 2731 2732 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 H. B. No. 96 Page 94 As Introduced (1) Providers of home care services who are self-employed providers with no other employees or are otherwise considered by the departments not to be agency providers. The departments shall conduct a study on how the exempted providers may be made subject to the requirement of effectively monitoring whether home care services are being provided and have been provided at the proper location and time. Not later than two years after September 26, 2003, the departments shall prepare a report of their findings and recommendations. The report shall be submitted to the president of the senate and the speaker of the house of representatives; (2) Providers who utilize an electronic visit verification system as described in section 12006 of the "21st Century Cures Act of 2016," 42 U.S.C. 1903(l). (E) The departments of developmental disabilities, aging, job and family services, and health shall each adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. Sec. 121.37. (A)(1) There is hereby created the Ohio family and children first cabinet council. The council shall be composed of the director of education and workforce, the executive director of the opportunities for Ohioans with disabilities agency, the medicaid director, and the directors of youth services, job and family services, mental behavioral health and addiction services, health, developmental disabilities, aging, rehabilitation and correction, children and youth, and budget and management. The chairperson of the council shall be the governor or the governor's designee and shall establish procedures for the council's internal control and management. 2752 2753 2754 2755 2756 2757 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 2771 2772 2773 2774 2775 2776 2777 2778 2779 2780 2781 H. B. No. 96 Page 95 As Introduced The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children. (2) In seeking to fulfill its purpose, the council may do any of the following: (a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children; (b) Advise and assess local governments on the coordination of service delivery to children; (c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records identifying individual children are confidential and shall be disclosed only as provided by law; (d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system; (e) Enter into contracts with and administer grants to county family and children first councils, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children; (f) Enter into contracts with and apply for grants from federal agencies or private organizations; 2782 2783 2784 2785 2786 2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 H. B. No. 96 Page 96 As Introduced (g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds; (h) Identify public and private funding sources for services provided to alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children, including regulations governing access to and use of the services; (i) Collect information provided by local communities regarding successful programs for prevention, intervention, and treatment of unruly behavior, including evaluations of the programs; (j) Identify and disseminate publications regarding alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children and regarding programs serving those types of children; (k) Maintain an inventory of strategic planning facilitators for use by government or nonprofit entities that serve alleged or adjudicated unruly children or children who are at risk of being alleged or adjudicated unruly children. (3) The cabinet council shall provide for the following: (a) Reviews of service and treatment plans for children for which such reviews are requested; (b) Assistance as the council determines to be necessary to meet the needs of children referred by county family and children first councils; 2810 2811 2812 2813 2814 2815 2816 2817 2818 2819 2820 2821 2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834 2835 2836 2837 H. B. No. 96 Page 97 As Introduced (c) Monitoring and supervision of a statewide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of children and youth for early intervention services under the "Individuals with Disabilities Education Act of 2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended; (d) Establishing and maintaining the Ohio automated service coordination system pursuant to section 121.376 of the Revised Code. (4) The cabinet council shall develop and implement the following: (a) An interagency process to select the indicators that will be used to measure progress toward increasing child well- being in the state and to update the indicators on an annual basis. (b) An interagency system to offer guidance and monitor progress toward increasing child well-being in the state and in each county; (c) An annual plan that identifies state-level agency efforts taken to ensure progress towards increasing child well- being in the state; (d) A state appeals process to resolve disputes among the members of a county council, established under division (B) of this section, concerning whether reasonable responsibilities are being shared. The appeals process may be accessed only by a majority vote of the council members who are required to serve on the council. Upon appeal, the cabinet council may order that 2838 2839 2840 2841 2842 2843 2844 2845 2846 2847 2848 2849 2850 2851 2852 2853 2854 2855 2856 2857 2858 2859 2860 2861 2862 2863 2864 2865 2866 H. B. No. 96 Page 98 As Introduced state funds for services to children and families be redirected to a county's board of county commissioners. (5) On an annual basis, the cabinet council shall submit to the governor and the general assembly a report on the status of efforts to increase child well-being in the state. This report shall be made available to any other person on request. (6) The cabinet council state office may adopt rules governing the responsibilities of county family and children first councils established in division (B)(3) of this section. (B)(1) Each board of county commissioners shall establish a county family and children first council. The board may invite any local public or private agency or group that funds, advocates, or provides services to children and families to have a representative become a permanent or temporary member of its county council. Each county council must include the following individuals: (a) At least three individuals who are not employed by an agency represented on the council and whose families are receiving or have received services from an agency represented on the council or another county's council. If such an individual is employed by an agency represented on the council, the individual shall complete a conflict of interest disclosure form and abstain from any vote that involves the agency that employs the individual. Where possible, the number of members representing families shall may be equal to twenty per cent of the council's membership. (b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction 2867 2868 2869 2870 2871 2872 2873 2874 2875 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 H. B. No. 96 Page 99 As Introduced services and a community mental health board, the directors of both boards. If a board of alcohol, drug addiction, and mental health services covers more than one county, the director may designate a person to participate on the county's council. (c) The health commissioner, or the commissioner's designee, of the board of health of each city and general health district in the county. If the county has two or more health districts, the health commissioner membership may be limited to the commissioners of the two districts with the largest populations. (d) The director of the county department of job and family services; (e) The executive director of the public children services agency; (f) The superintendent of the county board of developmental disabilities or, if the superintendent serves as superintendent of more than one county board of developmental disabilities, the superintendent's designee; (g) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, or a district-level administrative designee with decision-making authority, as determined by the department of education and workforce, which shall notify each board of county commissioners of its determination at least biennially; (h) A school superintendent representing all other school districts with territory in the county, or a district-level administrative designee with decision-making authority, as designated at a biennial meeting of the superintendents of those districts; 2896 2897 2898 2899 2900 2901 2902 2903 2904 2905 2906 2907 2908 2909 2910 2911 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 H. B. No. 96 Page 100 As Introduced (i) A representative of the municipal corporation with the largest population in the county; (j) The president of the board of county commissioners or an individual designated by the board; (k) A representative of the department of youth services or an individual designated by the department; (l) A representative of the county's head start agencies, as defined in section 3301.32 of the Revised Code; (m) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Act of 2004"; (n) A representative of a local nonprofit entity that funds, advocates, or provides services to children and families. Notwithstanding any other provision of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties of the council, including those involving the funding of joint projects and those outlined in the county's service coordination mechanism implemented pursuant to division (C) of this section. The county's juvenile court judge senior in service or another judge of the juvenile court designated by the administrative judge or, where there is no administrative judge, by the judge senior in service shall serve as the judicial advisor to the county family and children first council. The judge may advise the county council on the court's utilization of resources, services, or programs provided by the entities represented by the members of the county council and how those resources, services, or programs assist the court in its 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 H. B. No. 96 Page 101 As Introduced administration of justice. Service of a judge as a judicial advisor pursuant to this section is a judicial function. (2) The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following: (a) Referrals to the cabinet council of those children for whom the county council cannot provide adequate services; (b) Development and implementation of a process that annually evaluates and prioritizes services, fills service gaps where possible, and invents new approaches to achieve better results for families and children; (c) Participation in the development of a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of children and youth for early intervention services under the "Individuals with Disabilities Education Act of 2004"; (d) Maintenance of an accountability system to monitor the county council's progress in achieving results for families and children; (e) Establishment of a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system. (3) A county council shall develop and implement the following: (a) An interagency process to establish local indicators 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 2977 2978 2979 2980 2981 H. B. No. 96 Page 102 As Introduced and monitor the county's progress toward increasing child well- being in the county; (b) An interagency process to identify local priorities to increase child well-being. (c) An annual plan that identifies the county's interagency efforts to increase child well-being in the county. On an annual basis, the county council shall submit a report on the status of efforts by the county to increase child well-being in the county to the county's board of county commissioners and the cabinet council. This report shall be made available to any other person on request. (4)(a) Except as provided in division (B)(4)(b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council whenever the county council performs a function subject to those rules or agreements. (b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement an alternative program or approach for service delivery to families and children. The application shall describe the proposed program or approach and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program or approach is being implemented, including a 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 H. B. No. 96 Page 103 As Introduced reasonable period during which the program or approach is being evaluated for effectiveness. (5)(a) Each county council shall designate an administrative agent for the council from among the following public entities: the board of alcohol, drug addiction, and mental health services, including a board of alcohol and drug addiction or a community mental health board if the county is served by separate boards; the board of county commissioners; any board of health of the county's city and general health districts; the county department of job and family services; the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code; the county board of developmental disabilities; any of the county's boards of education or governing boards of educational service centers; or the county's juvenile court. Any of the foregoing public entities, other than the board of county commissioners, may decline to serve as the council's administrative agent. A county council's administrative agent shall serve as the council's appointing authority for any employees of the council. The council shall file an annual budget with its administrative agent, with copies filed with the county auditor and with the board of county commissioners, unless the board is serving as the council's administrative agent. The council's administrative agent shall ensure that all expenditures are handled in accordance with policies, procedures, and activities prescribed by state departments in rules, grant agreements, or interagency agreements that are applicable to the council's functions. The administrative agent of a county council shall may send notice of a member's absence if a member listed in division (B)(1) of this section has been absent from either three 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 H. B. No. 96 Page 104 As Introduced consecutive meetings of the county council or a county council subcommittee, or from one-quarter of such meetings in a calendar year, whichever is less. The notice shall be sent to the board of county commissioners that establishes the county council and, for the members listed in divisions (B)(1)(b), (c), (e), and (l) of this section, to the governing board overseeing the respective entity; for the member listed in division (B)(1)(f) of this section, to the county board of developmental disabilities that employs the superintendent; for a member listed in division (B)(1)(g) or (h) of this section, to the school board that employs the superintendent; for the member listed in division (B)(1)(i) of this section, to the mayor of the municipal corporation; for the member listed in division (B) (1)(k) of this section, to the director of youth services; and for the member listed in division (B)(1)(n) of this section, to that member's board of trustees. The administrative agent for a county council may do any of the following on behalf of the council: (i) Enter into agreements or administer contracts with public or private entities to fulfill specific council business. Such agreements and contracts are exempt from the competitive bidding requirements of section 307.86 of the Revised Code if they have been approved by the county council and they are for the purchase of services for families and children. The approval of the county council is not required to exempt agreements or contracts entered into under section 5139.34, 5139.41, or 5139.43 of the Revised Code from the competitive bidding requirements of section 307.86 of the Revised Code. (ii) As determined by the council, provide financial stipends, reimbursements, or both, to family representatives for 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 H. B. No. 96 Page 105 As Introduced expenses related to council activity; (iii) Receive by gift, grant, devise, or bequest any moneys, lands, or other property for the purposes for which the council is established. The agent shall hold, apply, and dispose of the moneys, lands, or other property according to the terms of the gift, grant, devise, or bequest. Any interest or earnings shall be treated in the same manner and are subject to the same terms as the gift, grant, devise, or bequest from which it accrues. (b)(i) If the county council designates the board of county commissioners as its administrative agent, the board may, by resolution, delegate any of its powers and duties as administrative agent to an executive committee the board establishes from the membership of the county council. The board shall name to the executive committee at least the individuals described in divisions (B)(1)(b) to (h) of this section and may appoint the president of the board or another individual as the chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council. (ii) The executive committee may, with the approval of the board, hire an executive director to assist the county council in administering its powers and duties. The executive director shall serve in the unclassified civil service at the pleasure of the executive committee. The executive director may, with the approval of the executive committee, hire other employees as necessary to properly conduct the county council's business. (iii) The board may require the executive committee to submit an annual budget to the board for approval and may amend 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 H. B. No. 96 Page 106 As Introduced or repeal the resolution that delegated to the executive committee its authority as the county council's administrative agent. (6) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council. (7) A board of county commissioners may approve a resolution by a majority vote of the board's members that requires the county council to submit a statement to the board each time the council proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families. The statement shall describe the proposed agreement, plan, or decision. Not later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision. An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 H. B. No. 96 Page 107 As Introduced if it is approved by the board. (C) Each county shall develop a county service coordination mechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the early intervention program, the main provider of service coordination shall be an early intervention service coordinator to ensure compliance with section 5123.02 5180.30 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. The mechanism shall be developed and approved with the participation of the county entities representing child welfare; developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council; and the county early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Act of 2004." The county shall establish an implementation schedule for the mechanism. The cabinet council may monitor the implementation and administration of each county's service coordination mechanism. Each mechanism shall include all of the following: (1) A procedure for an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the mechanism; (2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 H. B. No. 96 Page 108 As Introduced participate in all family service coordination plan meetings; (3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting; (4) A procedure for ensuring that a family service coordination plan meeting is conducted for each child who receives service coordination under the mechanism and for whom an emergency out-of-home placement has been made or for whom a nonemergency out-of-home placement is being considered. The meeting shall be conducted within ten days of an emergency out- of-home placement. The meeting shall be conducted before a nonemergency out-of-home placement. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment. (5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education; (6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan; (7) A procedure for assessing the needs and strengths of 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 3171 3172 3173 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 H. B. No. 96 Page 109 As Introduced any child or family that has been referred to the council for service coordination, including a child whose parent or custodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate; (8) A procedure for development of a family service coordination plan described in division (D) of this section; (9) A local dispute resolution process to serve as the process that must be used first to resolve disputes among the agencies represented on the county council concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, alleged unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The local dispute resolution process shall comply with sections 121.38, 121.381, and 121.382 of the Revised Code. The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code. The cabinet council shall adopt rules in accordance with Chapter 119. of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a local dispute resolution process. 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 H. B. No. 96 Page 110 As Introduced Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court or public children services agency regarding an out-of- home placement, long-term placement, or emergency out-of-home placement. (D) Each county shall develop a family service coordination plan that does all of the following: (1) Designates service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services; (2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process; (3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible. (4) Includes a process for dealing with a child who is alleged to be an unruly child. The process shall include methods to divert the child from the juvenile court system; (5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals; 3220 3221 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3245 3246 3247 3248 H. B. No. 96 Page 111 As Introduced (6) Includes a plan for dealing with short-term crisis situations and safety concerns. (E)(1) The process provided for under division (D)(4) of this section may include, but is not limited to, the following: (a) Designation of the person or agency to conduct the assessment of the child and the child's family as described in division (C)(7) of this section and designation of the instrument or instruments to be used to conduct the assessment; (b) An emphasis on the personal responsibilities of the child and the parental responsibilities of the parents, guardian, or custodian of the child; (c) Involvement of local law enforcement agencies and officials. (2) The method to divert a child from the juvenile court system that must be included in the service coordination process may include, but is not limited to, the following: (a) The preparation of a complaint under section 2151.27 of the Revised Code alleging that the child is an unruly child and notifying the child and the parents, guardian, or custodian that the complaint has been prepared to encourage the child and the parents, guardian, or custodian to comply with other methods to divert the child from the juvenile court system; (b) Conducting a meeting with the child, the parents, guardian, or custodian, and other interested parties to determine the appropriate methods to divert the child from the juvenile court system; (c) A method to provide to the child and the child's family a short-term respite from a short-term crisis situation 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 3266 3267 3268 3269 3270 3271 3272 3273 3274 3275 3276 H. B. No. 96 Page 112 As Introduced involving a confrontation between the child and the parents, guardian, or custodian; (d) A program to provide a mentor to the child or the parents, guardian, or custodian; (e) A program to provide parenting education to the parents, guardian, or custodian; (f) An alternative school program for children who are truant from school, repeatedly disruptive in school, or suspended or expelled from school; (g) Other appropriate measures, including, but not limited to, any alternative methods to divert a child from the juvenile court system that are identified by the Ohio family and children first cabinet council. (F) Each county may review and revise the service coordination process described in division (D) of this section based on the availability of funds under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, or to the extent resources are available from any other federal, state, or local funds. (G) As used in this section, "early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued by the department of developmental disabilities children and youth and who assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C of the "Individuals with Disabilities Education Act of 2004," 20 U.S.C. 1400, as amended. 3277 3278 3279 3280 3281 3282 3283 3284 3285 3286 3287 3288 3289 3290 3291 3292 3293 3294 3295 3296 3297 3298 3299 3300 3301 3302 3303 3304 3305 H. B. No. 96 Page 113 As Introduced Sec. 122.175. (A) As used in this section: (1) "Capital investment project" means a plan of investment at a project site for the acquisition, construction, renovation, expansion, replacement, or repair of a computer data center or of computer data center equipment, but does not include any of the following: (a) Project costs paid before a date determined by the tax credit authority for each capital investment project; (b) 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) "Computer data center" means a facility used or to be used primarily to house computer data center equipment used or to be used in conducting one or more computer data center businesses, as determined by the tax credit authority. (3) "Computer data center business" means, as may be further determined by the tax credit authority, a business that provides electronic information services as defined in division (Y)(1)(c) of section 5739.01 of the Revised Code, or that leases a facility to one or more such businesses. "Computer data center business" does not include providing electronic publishing as defined in that section. (4) "Computer data center equipment" means tangible personal property used or to be used for any of the following: (a) To conduct a computer data center business, including equipment cooling systems to manage the performance of computer data center equipment; 3306 3307 3308 3309 3310 3311 3312 3313 3314 3315 3316 3317 3318 3319 3320 3321 3322 3323 3324 3325 3326 3327 3328 3329 3330 3331 3332 3333 H. B. No. 96 Page 114 As Introduced (b) To generate, transform, transmit, distribute, or manage electricity necessary to operate the tangible personal property used or to be used in conducting a computer data center business; (c) As building and construction materials sold to construction contractors for incorporation into a computer data center. (5) "Eligible computer data center" means a computer data center that satisfies all of the following requirements: (a) One or more taxpayers operating a computer data center business at the project site will, in the aggregate, make payments for a capital investment project of at least one hundred million dollars at the project site during one of the following cumulative periods: (i) For projects beginning in 2013, six consecutive calendar years; (ii) For projects beginning in 2014, four consecutive calendar years; (iii) For projects beginning in or after 2015, three consecutive calendar years. (b) One or more taxpayers operating a computer data center business at the project site will, in the aggregate, pay annual compensation that is subject to the withholding obligation imposed under section 5747.06 of the Revised Code of at least one million five hundred thousand dollars to employees employed at the project site for each year of the agreement beginning on or after the first day of the twenty-fifth month after the agreement was entered into under this section. 3334 3335 3336 3337 3338 3339 3340 3341 3342 3343 3344 3345 3346 3347 3348 3349 3350 3351 3352 3353 3354 3355 3356 3357 3358 3359 3360 3361 H. B. No. 96 Page 115 As Introduced (6) "Person" has the same meaning as in section 5701.01 of the Revised Code. (7) "Project site," "related member," and "tax credit authority" have the same meanings as in sections 122.17 and 122.171 of the Revised Code. (8) "Taxpayer" means any person subject to the taxes imposed under Chapters 5739. and 5741. of the Revised Code. (B) The tax credit authority may completely or partially exempt from the taxes levied under Chapters 5739. and 5741. of the Revised Code the sale, storage, use, or other consumption of computer data center equipment used or to be used at an eligible computer data center. Any such exemption shall extend to charges for the delivery, installation, or repair of the computer data center equipment subject to the exemption under this section. (C) A taxpayer that proposes a capital improvement project for an eligible computer data center in this state may apply to the tax credit authority to enter into an agreement under this section authorizing a complete or partial exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code on computer data center equipment purchased by the applicant or any other taxpayer that operates a computer data center business at the project site and used or to be used at the eligible computer data center. The director of development services shall prescribe the form of the application. After receipt of an application, the authority shall forward copies of the application to the director of budget and management and the tax commissioner, each of whom who shall review the application to determine the economic impact that the proposed eligible computer data center would have on the state and any affected political subdivisions and submit to the authority a summary of 3362 3363 3364 3365 3366 3367 3368 3369 3370 3371 3372 3373 3374 3375 3376 3377 3378 3379 3380 3381 3382 3383 3384 3385 3386 3387 3388 3389 3390 3391 H. B. No. 96 Page 116 As Introduced their determinations. 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 that the proposed eligible computer data center would have on the state and the affected political subdivisions and shall submit a summary of their determinations and recommendations to the authority. (D) Upon review and consideration of such determinations and recommendations, the tax credit authority may enter into an agreement with the applicant and any other taxpayer that operates a computer data center business at the project site for a complete or partial exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code on computer data center equipment used or to be used at an eligible computer data center if the authority determines all of the following: (1) The capital investment project for the eligible computer data center will increase payroll and the amount of income taxes to be withheld from employee compensation pursuant to section 5747.06 of the Revised Code. (2) The applicant is economically sound and has the ability to complete or effect the completion of the proposed capital investment project. (3) The applicant intends to and has the ability to maintain operations at the project site for the term of the agreement. (4) Receiving the exemption is a major factor in the applicant's decision to begin, continue with, or complete the capital investment project. (E) An agreement entered into under this section shall 3392 3393 3394 3395 3396 3397 3398 3399 3400 3401 3402 3403 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 H. B. No. 96 Page 117 As Introduced include all of the following: (1) A detailed description of the capital investment 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 annual compensation to be paid by each taxpayer subject to the agreement to its employees at the project site, and the anticipated amount of income taxes to be withheld from employee compensation pursuant to section 5747.06 of the Revised Code. (2) The percentage of the exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code for the computer data center equipment used or to be used at the eligible computer data center, the length of time the computer data center equipment will be exempted, and the first date on which the exemption applies. (3) A requirement that the computer data center remain an eligible computer data center during the term of the agreement and that the applicant maintain operations at the eligible computer data center during that term. An applicant does not violate the requirement described in division (E)(3) of this section if the applicant ceases operations at the eligible computer data center during the term of the agreement but resumes those operations within eighteen months after the date of cessation. The agreement shall provide that, in such a case, the applicant and any other taxpayer that operates a computer data center business at the project site shall not claim the tax exemption authorized in the agreement for any purchase of computer data center equipment made during the period in which the applicant did not maintain operations at the eligible computer data center. 3421 3422 3423 3424 3425 3426 3427 3428 3429 3430 3431 3432 3433 3434 3435 3436 3437 3438 3439 3440 3441 3442 3443 3444 3445 3446 3447 3448 3449 3450 H. B. No. 96 Page 118 As Introduced (4) A requirement that, for each year of the term of the agreement beginning on or after the first day of the twenty- fifth month after the date the agreement was entered into, one or more taxpayers operating a computer data center business at the project site will, in the aggregate, pay annual compensation that is subject to the withholding obligation imposed under section 5747.06 of the Revised Code of at least one million five hundred thousand dollars to employees at the eligible computer data center. (5) A requirement that each taxpayer subject to the agreement annually report to the director of development services employment, tax withholding, capital investment, and other information required by the director to perform the director's duties under this section. (6) A requirement that the director of development services annually review the annual reports of each taxpayer subject to the agreement 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 each such taxpayer stating that the information has been verified and that the taxpayer remains eligible for the exemption specified in the agreement. (7) A provision providing that the taxpayers subject to the agreement 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 appropriate taxpayer notified the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated. For purposes of this paragraph, the movement of an employment position from one 3451 3452 3453 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 3468 3469 3470 3471 3472 3473 3474 3475 3476 3477 3478 3479 3480 H. B. No. 96 Page 119 As Introduced 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 each taxpayer subject to the agreement of any limitations periods relating to assessments or adjustments resulting from the taxpayer's failure to comply with the agreement. (F) The term of an agreement under this section shall be determined by the tax credit authority, and the amount of the exemption shall not exceed one hundred per cent of such taxes that would otherwise be owed in respect to the exempted computer data center equipment. (G) If any taxpayer subject to an agreement under this section fails to meet or comply with any condition or requirement set forth in the agreement, the tax credit authority may amend the agreement to reduce the percentage of the exemption or term during which the exemption applies to the computer data center equipment used or to be used by the noncompliant taxpayer at an eligible computer data center. The reduction of the percentage or term may take effect in the current calendar year. (H) Financial statements and other information submitted to the department of development services or the tax credit authority by an applicant for or recipient of an exemption under this section, and any information taken for any purpose from 3481 3482 3483 3484 3485 3486 3487 3488 3489 3490 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 3504 3505 3506 3507 3508 3509 3510 H. B. No. 96 Page 120 As Introduced 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 exemption agreements under this section. Upon the request of the tax commissioner, the chairperson of the authority shall provide to the tax commissioner any statement or other information submitted by an applicant for or recipient of an exemption under this section. The tax commissioner shall preserve the confidentiality of the statement or other information. (I) The tax commissioner shall issue a direct payment permit under section 5739.031 of the Revised Code to each taxpayer subject to an agreement under this section. Such direct payment permit shall authorize the taxpayer to pay any sales and use taxes due on purchases of computer data center equipment used or to be used in an eligible computer data center and to pay any sales and use taxes due on purchases of tangible personal property or taxable services other than computer data center equipment used or to be used in an eligible computer data center directly to the tax commissioner. Each such taxpayer shall pay pursuant to such direct payment permit all sales tax levied on such purchases under sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and all use tax levied on such purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code, consistent with the terms of the agreement entered into under this section. During the term of an agreement under this section each taxpayer subject to the agreement shall submit to the tax commissioner a return that shows the amount of computer data center equipment purchased for use at the eligible computer data 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 3535 3536 3537 3538 3539 3540 3541 H. B. No. 96 Page 121 As Introduced center, the amount of tangible personal property and taxable services other than computer data center equipment purchased for use at the eligible computer data center, the amount of tax under Chapter 5739. or 5741. of the Revised Code that would be due in the absence of the agreement under this section, the exemption percentage for computer data center equipment specified in the agreement, and the amount of tax due under Chapter 5739. or 5741. of the Revised Code as a result of the agreement under this section. Each such taxpayer shall pay the tax shown on the return to be due in the manner and at the times as may be further prescribed by the tax commissioner. Each such taxpayer shall include a copy of the director of development services' certificate of verification issued under division (E) (6) of this section. Failure to submit a copy of the certificate with the return does not invalidate the claim for exemption if the taxpayer submits a copy of the certificate to the tax commissioner within the time prescribed by section 5703.0510 of the Revised Code. (J) If the director of development services determines that one or more taxpayers received an exemption from taxes due on the purchase of computer data center equipment purchased for use at a computer data center that no longer complies with the requirement under division (E)(3) of this section, the director shall notify the tax credit authority and, if applicable, the taxpayer that applied to enter the agreement for the exemption under division (C) of this section of the noncompliance. After receiving such a notice, and after giving each taxpayer subject to the agreement an opportunity to explain the noncompliance, the authority may terminate the agreement and require each such taxpayer to pay to the state all or a portion of the taxes that would have been owed in regards to the exempt equipment in 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 3557 3558 3559 3560 3561 3562 3563 3564 3565 3566 3567 3568 3569 3570 3571 3572 H. B. No. 96 Page 122 As Introduced previous years, all as determined under rules adopted pursuant to division (K) of this section. In determining the portion of the taxes that would have been owed on the previously exempted equipment to be paid to this state by a taxpayer, the authority shall consider the effect of market conditions on the eligible computer data center, whether the taxpayer continues to maintain other operations in this state, and, with respect to agreements involving multiple taxpayers, the taxpayer's level of responsibility for the noncompliance. After making the determination, the authority shall certify to the tax commissioner the amount to be paid by each taxpayer subject to the agreement. The tax commissioner shall make an assessment for that amount against each such taxpayer under Chapter 5739. or 5741. of the Revised Code. The time limitations on assessments under those chapters do not apply to an assessment under this division, but the tax commissioner shall make the assessment within one year after the date the authority certifies to the tax commissioner the amount to be paid by the taxpayer. (K) The director of development services, after consultation with the tax commissioner 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 exemptions under this section to be charged fees to cover administrative costs incurred in the administration of this section. 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 3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 H. B. No. 96 Page 123 As Introduced 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 exemption authorized 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 eligible computer data center that is the subject of each such agreement, and an update on the status of eligible computer data centers under agreements entered into before the preceding calendar year. (M) A taxpayer may be made a party to an existing agreement entered into under this section by the tax credit authority and another taxpayer or group of taxpayers. In such a case, the taxpayer shall be entitled to all benefits and bound by all obligations contained in the agreement and all requirements described in this section. When an agreement includes multiple taxpayers, each taxpayer shall be entitled to a direct payment permit as authorized in division (I) of this section. Sec. 122.1710. (A) As used in this section: (1) "Low-income individual" has the same meaning as "low- income person" in section 122.66 5101.311 of the Revised Code. (2) "Microcredential" has the same meaning as in section 122.178 of the Revised Code. (3) "OhioMeansJobs web site" has the same meaning as in section 6301.01 of the Revised Code. (4) "Partially unemployed" and "totally unemployed" have 3604 3605 3606 3607 3608 3609 3610 3611 3612 3613 3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 3631 3632 H. B. No. 96 Page 124 As Introduced the same meanings as in section 4141.01 of the Revised Code. (5) "Training provider" means all of the following: (a) A state institution of higher education as defined in section 3345.011 of the Revised Code; (b) An Ohio technical center as defined in section 3333.94 of the Revised Code; (c) A private business or institution that offers training to allow an individual to earn one or more microcredentials. (B) There is hereby created the individual microcredential assistance program to reimburse training providers for training costs for individuals to earn a microcredential. The department of development, in consultation with the governor's office of workforce transformation, shall administer the program. (C) A training provider seeking to participate in the program shall submit an application to the director of development. The training provider shall include in the application all of the following information: (1) The number of microcredentials the training provider will seek a reimbursement for and the names of the microcredentials; (2) The cost of the training for each microcredential; (3) The total amount of the reimbursement the training provider will seek; (4) The training provider's plan to provide opportunities for individuals who are low income, partially unemployed, or totally unemployed to participate in a training program and receive a microcredential; 3633 3634 3635 3636 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 H. B. No. 96 Page 125 As Introduced (5) Any other information the director requires. (D)(1) The director shall consider the following factors in determining whether to approve an application submitted under division (C) of this section: (a) The duration of the training program; (b) The cost of the training; (c) Whether approving an application will promote regional diversity in apportioning reimbursements uniformly across the state; (d) The training provider's commitment to providing opportunities for individuals who are low income, partially unemployed, or totally unemployed to participate in a training program and receive a microcredential. (2) In determining regional diversity under division (D) (1)(c) of this section, the director shall use the regions established under division (G) of section 122.178 of the Revised Code. (3) The director shall not approve an application submitted under this section if either of the following apply: (a) The microcredentials identified in the application are not included in the list the chancellor of higher education establishes under section 122.178 of the Revised Code. (b) The training provider has violated Chapter 4111. of the Revised Code within the four fiscal years immediately preceding the date of application. (4) The director shall notify a training provider in writing of the director's decision to approve or deny the 3660 3661 3662 3663 3664 3665 3666 3667 3668 3669 3670 3671 3672 3673 3674 3675 3676 3677 3678 3679 3680 3681 3682 3683 3684 3685 3686 H. B. No. 96 Page 126 As Introduced training provider's application to participate in the program. (E) A participating training provider shall not charge an individual participating in a training program to earn a microcredential for which the training provider is seeking a reimbursement for either of the following: (1) Any costs associated with the individual's participation in the training program; (2) Any costs to the training provider resulting from an individual not completing the training program. (F)(1) Each participating training provider seeking reimbursement for training costs for one or more microcredentials earned by one or more individuals in a training program shall submit an application to the director after the individual or individuals have earned a microcredential. The training provider shall include in the reimbursement application all of the following information: (a) The actual cost for the training provider to provide each individual with the training; (b) Evidence that each individual earned a microcredential; (c) Any demographic information of each individual that the individual provides to the training provider, including race and gender. (2) The amount of the reimbursement shall be not more than three thousand dollars for each microcredential an individual receives. A participating training provider may not receive a reimbursement for any additional individual who earns a microcredential beyond the number of microcredentials included 3687 3688 3689 3690 3691 3692 3693 3694 3695 3696 3697 3698 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 3711 3712 3713 3714 H. B. No. 96 Page 127 As Introduced in the application under division (C) of this section. A participating training provider may receive a total reimbursement of five hundred thousand dollars in a fiscal year. (3) A training provider may request that an individual participating in the training provider's program provide demographic information to the training provider, including race and gender. An individual is not required to provide that information. (G) The director shall do both of the following regarding the operation of the program: (1) Create an application to participate in the program and an application for reimbursement; (2) Create and distribute a survey to each individual who successfully earned a microcredential because of a reimbursement to a training provider under this section inquiring as to the individual's occupation and wages at the time of completing the survey. (H) The director shall include on the internet web site maintained by the department, and the governor's office of workforce transformation shall include on the office's internet web site and the OhioMeansJobs web site, all of the content created under division (G) of this section. (I) The director may adopt rules in accordance with Chapter 119. of the Revised Code as the director considers necessary to implement this section, including establishing priority guidelines for approving applications under division (D) of this section. (J) Any personal information of an individual the director receives in connection with the individual microcredential 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736 3737 3738 3739 3740 3741 3742 3743 H. B. No. 96 Page 128 As Introduced assistance program created under this section is not a public record for purposes of section 149.43 of the Revised Code. However, the director may use the information as necessary to complete the reports required under section 122.1711 of the Revised Code. Sec. 122.4041. (A) As used in this section, "passes" means the residential addresses in close proximity to a broadband provider's broadband infrastructure network to which residents at those addresses may opt to connect. (B) The scoring system required under section 122.4040 of the Revised Code shall include the factors and scoring rubric as described in divisions (C)(B) to (J)(I) of this section. Applications for a grant under the Ohio residential broadband expansion grant program shall be prioritized from the highest to the lowest point score under those factors and rubric. (C)(B) Of a possible maximum score of three hundred points, the score for eligible projects for unserved and underserved areas shall be calculated as the sum of the followingfollows: (1) The point value determined by multiplying three hundred times the percentage of passes application will receive one-half point for each residential address in unserved areas of the application; . (2) One half of the point value determined by multiplying three hundred times the percentage of passes The application will receive one-quarter point for each residential address in underserved areas of the application. (D)(C) Of a possible maximum score of two hundred points, the score for broadband service speed, based on a graduated 3744 3745 3746 3747 3748 3749 3750 3751 3752 3753 3754 3755 3756 3757 3758 3759 3760 3761 3762 3763 3764 3765 3766 3767 3768 3769 3770 3771 3772 H. B. No. 96 Page 129 As Introduced scale, shall be: (1) Twenty-five points for broadband speeds that are one hundred megabits per second downstream or greater and twenty megabits per second or greater upstream, but less than two hundred fifty megabits per second downstream and fifty megabits upstream; (2) Fifty points for broadband speeds that are two hundred fifty megabits per second or greater downstream and fifty megabits or greater per second upstream, but less than five hundred megabits per second downstream and one hundred megabits per second upstream; (3) One hundred points for broadband speeds that are five hundred megabits per second or greater downstream and one hundred megabits per second or greater upstream, but less than seven hundred fifty megabits per second downstream and two hundred fifty megabits per second upstream; (4) One hundred twenty-five points for broadband speeds that are seven hundred fifty megabits per second or greater downstream and two hundred fifty megabits per second or greater upstream, but less than one gigabit per second downstream and five hundred megabits per second upstream; (5) One hundred fifty points for broadband speeds that are one gigabit per second or greater downstream and five hundred megabits per second or greater upstream, but less than one gigabit per second upstream; (6) Two hundred points for broadband speeds that are one gigabit per second or greater downstream and one gigabit per second or greater upstream. (E)(1)(D)(1) Of a possible maximum score of one hundred 3773 3774 3775 3776 3777 3778 3779 3780 3781 3782 3783 3784 3785 3786 3787 3788 3789 3790 3791 3792 3793 3794 3795 3796 3797 3798 3799 3800 3801 H. B. No. 96 Page 130 As Introduced fifty points, the score for rating broadband service cost shall be the sum of divisions (E)(1)(a)(D)(1)(a) and (b) of this section as follows: (a) Of a possible maximum of seventy-five points, the number of points equal to the application's grant cost percentile multiplied by seventy-five; (b) Of a possible maximum score of seventy-five points, the number of points equal to one half of the application's percentage of eligible project funding from all sources other than the Ohio residential broadband expansion grant program. (2)(a) For each application submission period, the broadband expansion program authority shall determine the grant cost percentile for each application submitted during that period. The authority shall determine the grant cost percentile by doing the following: (i) Determining, for each individual application in the state, the total grant cost per eligible address in the application by calculating the quotient of the amount of program grant funds requested for the application divided by the number of eligible addresses in the application; (ii) Ranking, from lowest to highest cost, all individual applications by total grant cost per eligible address; (iii) Assigning each individual application a percentile based on its total grant cost per eligible address relative to all other applications' total grant cost per eligible address. (b) Percentiles under division (E)(2)(a)(iii)(D)(2)(a) (iii) of this section shall be assigned so that the highest percentile is assigned to the application with the lowest total grant cost per eligible address and percentiles for all other 3802 3803 3804 3805 3806 3807 3808 3809 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 H. B. No. 96 Page 131 As Introduced applications assigned based on each application's relative grant cost per eligible address. (F)(E) Of a possible maximum score of one hundred points, the score for providing tier two broadband service or greater to eligible addresses located in an eligible project shall be calculated as follows: (1) Ten points for the number of eligible addresses equal to five hundred or more, but less than one thousand; (2) Twenty points for the number of eligible addresses equal to one thousand or more, but less than one thousand five hundred; (3) Thirty points for the number of eligible addresses equal to one thousand five hundred or more, but less than two thousand; (4) Forty points for the number of eligible addresses equal to two thousand or more, but less than two thousand five hundred; (5) Fifty points for the number of eligible addresses equal to two thousand five hundred or more, but less than three thousand; (6) Sixty points for the number of eligible addresses equal to three thousand or more, but less than three thousand five hundred; (7) Seventy points for the number of eligible addresses equal to three thousand five hundred or more, but less than four thousand; (8) Eighty points for the number of eligible addresses equal to four thousand or more, but less than four thousand five 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 H. B. No. 96 Page 132 As Introduced hundred; (9) Ninety points for the number of eligible addresses equal to four thousand five hundred or more, but less than five thousand; (10) One hundred points for the number of eligible addresses equal to five thousand or more. (G)(F) Of a possible maximum score of fifty points, the score for local support for the application shall be calculated as follows: (1)(a) Twenty-five points if the application includes a resolution of support from the board of county commissioners in the county where the eligible project is located; or (b) If an application's eligible project spans multiple counties, of a possible maximum score of twenty-five points for resolutions adopted by boards of county commissioners, the number of points awarded on a pro rata basis based on the percentage of eligible addresses for the eligible project in each affected county for which the board of county commissioners adopted a resolution of support. (2)(a) Fifteen points if the application includes a letter of support from a board of township trustees, village, or municipal corporation; or (b) If an application's eligible project spans multiple townships, villages, and municipal corporations, of a possible maximum score of fifteen points for letters from boards of township trustees, villages, or municipal corporations, the number of points awarded on a pro rata basis according to the percentage of eligible addresses for the project in each affected village, municipal corporation, and unincorporated area 3859 3860 3861 3862 3863 3864 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 3886 3887 H. B. No. 96 Page 133 As Introduced of the township for which a board of township trustees, village, or municipal corporation submitted a letter of support; (c) Ten points for letters of support from a local economic development agency or a chamber of commerce that advocates for an area of the eligible project with the majority of eligible addresses in the application. (H)(G) Of a possible maximum score of seventy-five points, the score for broadband provider general experience and technical and financial ability shall be based on the judgment of the broadband expansion program authority. The authority may award partial points for scores awarded under division (H)(G) of this section. (I)(H) Of a possible maximum score of seventy-five points, the score for broadband provider experience based on the number of years that the provider has been providing tier two broadband service shall be calculated as follows: (1) Ten points for four years, but less than five years of experience; (2) Twenty points for five years, but less than six years of experience; (3) Thirty points for six years, but less than seven years of experience; (4) Forty points for seven years, but less than eight years of experience; (5) Fifty points for eight years, but less than nine years of experience; (6) Sixty points for nine years, but less than ten years of experience; 3888 3889 3890 3891 3892 3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 3915 H. B. No. 96 Page 134 As Introduced (7) Seventy-five points for ten or more years of experience. (J)(1)(I)(1) Of a possible maximum score of fifty points, the score for county median income, based on the median county per capita income of the United States as determined by the most recently available data from the United States census bureau, shall be calculated as follows: (a) Zero points for a county median income that is equal to or greater than one hundred sixty per cent of the county median income; (b) Ten points for a county median income that is equal to or greater than one hundred forty per cent, but less than one hundred sixty per cent of the county median income; (c) Twenty points for a county median income that is equal to or greater than one hundred twenty per cent, but less than one hundred forty per cent of the county median income; (d) Thirty points for a county median income that is equal to or greater than one hundred per cent, but less than one hundred twenty per cent of the county median income; (e) Forty points for a county median income that is equal to or greater than eighty per cent, but less than one hundred per cent of the county median income; (f) Fifty points for a county median income that is less than eighty per cent of the county median income. (2) If an application's eligible project spans multiple counties, the points awarded as specified in division (J)(1)(I) (1) of this section shall be based on the percentage of eligible addresses for the eligible project in each affected county. 3916 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 H. B. No. 96 Page 135 As Introduced Sec. 122.41. The director of development services is invested with the powers and duties provided in Chapter 122. of the Revised Code, in order to promote the welfare of the people of the state, 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, and also to assist in the financing of air, water, or thermal pollution control facilities and solid waste disposal facilities by mortgage insurance as provided in section 122.451 of the Revised Code. It is hereby determined that the accomplishment of such purposes is essential so that the people of the state may maintain their present high standards 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 and that it is necessary for the state to establish the programs authorized pursuant to Chapter 122. of the Revised Code and invest the director of development services with the powers and duties provided in Chapter 122. of the Revised Code. The powers granted to the director by Chapter 165. of the Revised Code are independent of and in addition and alternate to, and are not limited or restricted by, Chapter 122. of the Revised Code. Sec. 122.42. (A) The director of development 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; 3944 3945 3946 3947 3948 3949 3950 3951 3952 3953 3954 3955 3956 3957 3958 3959 3960 3961 3962 3963 3964 3965 3966 3967 3968 3969 3970 3971 3972 3973 H. B. No. 96 Page 136 As Introduced (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 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 section 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 3974 3975 3976 3977 3978 3979 3980 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 4000 4001 4002 H. B. No. 96 Page 137 As Introduced 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 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 H. B. No. 96 Page 138 As Introduced 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. (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 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 H. B. No. 96 Page 139 As Introduced 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, 122.921, and 125.081 of the Revised Code. (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 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 H. B. No. 96 Page 140 As Introduced contribution is made, and may evidence such obligations by notes, bonds, or other written instruments; (10) Establish with the treasurer of state the funds fund provided in sections section 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. 122.47. At the request of the director of development, the treasurer of state shall issue revenue bonds of the state for the purpose of acquiring moneys for the purposes of this chapter, which moneys shall be credited by the treasurer 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 H. B. No. 96 Page 141 As Introduced of state as the director of development shall determine to and among the funds established in accordance with or pursuant to sections 122.35, 122.42, and 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code. The principal of and interest on such Such revenue bonds shall be payable solely from the sinking funds established in accordance with section 122.57 of the Revised Code at the times and in the order and manner provided in the bond issuing proceedings or in any trust agreements securing such bonds, and shall be secured by the revenue bond guaranty fund established in accordance with section 122.571 of the Revised Code and shall also be secured by moneys in the other funds established by the director to the extent and on the terms he the director specifies and by covenants of the director that he will to so manage the loans and leases and fix interest rates, charges, and rentals so as to assure receipt of net income and revenue sufficient to provide for the payment of the principal of and the interest on the revenue bonds. Sec. 122.49. The proceeds of each issue of revenue bonds issued pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code shall be used for the making of loans authorized in sections 122.43 and 122.45 of the Revised Code, for the purchase and improvement of property authorized in section 122.46 of the Revised Code, for insuring mortgage payments authorized in section 122.451 of the Revised Code, and for the crediting into and among the funds established in accordance with sections 122.35, and 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code, but subject to such conditions, limitations, and covenants with the purchasers and holders of the bonds as shall be provided for in the bond authorization proceedings and in the trust agreement securing the same. Provision shall be made by the director of development 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 H. B. No. 96 Page 142 As Introduced services for the payment of the expenses of the director in operating the assistance programs authorized under this chapter in such manner and to such extent as shall be determined by the director. Sec. 122.53. In the discretion of the treasurer of state, any bonds issued under sections 122.39 and 122.41 to 122.62 of the Revised Code, may be secured by a trust agreement between the treasurer of state and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement may pledge or assign payments of principal of and interest on loans, charges, fees, and other revenue to be received by the director of development services, all rentals received under leases made by the director, and all proceeds of the sale or other disposition of property held by the director, and may provide for the holding in trust by the trustee to the extent provided for in the proceedings authorizing such bonds, of all such moneys and moneys otherwise payable into the mortgage guarantee fund created by section 122.56 of the Revised Code, and all moneys otherwise payable into the mortgage insurance fund created by section 122.561 of the Revised Code, and of moneys payable into the sinking fund or funds referred to in section 122.57 of the Revised Code, but shall not convey or mortgage any of the real or personal property held by the director or any part thereof. Any such trust agreement, or any proceedings providing for the issuance of such bonds, may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the director in relation to the acquisition of property, and the construction, 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183 4184 H. B. No. 96 Page 143 As Introduced improvement, maintenance, repair, operation, and insurance of facilities, the making of loans and leases and the terms and provisions thereof, and the custody, safeguarding, investment, and application of all moneys, and provisions for the employment of consulting engineers or other consultants in connection with the making of loans and leases and the construction or operation of any facility. Any bank or trust company incorporated under the laws of this state which may act as trustee or as depository of the proceeds of bonds or of revenue may furnish such indemnifying bonds or may pledge such securities as are required by the treasurer of state. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. Such trust agreement may contain such other provisions as the treasurer of state deems reasonable and proper for the security of the bondholders. All expenses incurred by the treasurer of state in carrying out the provisions of any such trust agreement shall be treated as a part of the cost of the operation of the assistance programs authorized pursuant to Chapter 122. of the Revised Code. Any such trust agreement may provide the method whereby general administrative overhead expense of the director with respect to those assistance programs shall be allocated among the funds established pursuant to Chapter 122. of the Revised Code with respect to the operating expenses of the director payable out of the income of the assistance programs. Sec. 122.571. In addition to the separate sinking funds created under section 122.57 of the Revised Code, there There is hereby created the revenue bond guaranty fund to consist of all money allocated by the director of development to guarantee 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 H. B. No. 96 Page 144 As Introduced payment of interest on, principal of and redemption premium on, the revenue bonds issued by the director under Chapter 122. of the Revised Code, all grants, gifts, and contributions made to the director for such purpose, and all money and property provided by law for such purpose. Sec. 122.59. In the event of a default with respect to any loan or lease, the director of development shall take such action as he the director deems proper in the circumstances to enforce and protect the rights of the director, and such action as may be required by the provisions of any proceedings authorizing the revenue bonds or of any trust agreement securing such bonds, which may include any appropriate action at law or in equity, enforcement or waiver of any provision of any mortgage or security agreement or lease, or reinstatement of any forfeited or cancelled right, title, or privilege. Notwithstanding any such action, the director shall transfer from the mortgage guarantee fund created by section 122.56 of the Revised Code to the sinking fund or funds referred to in section 122.57 of the Revised Code amounts not greater than the amounts which would have been paid upon such loan or under such lease but for such default, at the time or times when such amounts would have been paid but for such defaults, to the extent provided in the proceedings authorizing and the trust agreements securing such bonds, to be held and applied as other moneys in the sinking fund, and shall make such other transfers and take such other action as shall be required of the director by any such bond issuance proceedings or trust agreement. 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 4216 4217 4218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238 4239 4240 4241 4242 4243 4244 4245 H. B. No. 96 Page 145 As Introduced picture or broadway theatrical production certified by the director of development under division (B) of this section as qualifying the production company 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 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, for postproduction activities, or for advertising and promotion of the production. "Eligible expenditures" do not include qualified expenditures for which a production company receives a tax credit under section 122.852 of the Revised Code. "Eligible expenditures" 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, including, but not limited to, 4246 4247 4248 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 H. B. No. 96 Page 146 As Introduced 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 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302 4303 4304 H. B. No. 96 Page 147 As Introduced 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. (B) For the purpose of encouraging and developing strong film and theater industries in this state, the director of development 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 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333 H. B. No. 96 Page 148 As Introduced 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; 4334 4335 4336 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346 4347 4348 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359 H. B. No. 96 Page 149 As Introduced (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, 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 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. 4360 4361 4362 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 H. B. No. 96 Page 150 As Introduced 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 equals thirty per cent of the least of such budgeted or actual eligible expenditure amounts. (2) Except as provided in division (C)(4) of this section, if the director of development approves a production company's application for a credit, the director shall issue a tax credit certificate to the company. 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 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. 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 H. B. No. 96 Page 151 As Introduced (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. The amount of tax credit allowed per fiscal year shall not exceed the sum of (a) fifty million dollars, (b) the difference between the maximum credit amount for that fiscal year under section 122.852 of the Revised Code and the amount the director of development elects to allow under this section pursuant to division (D)(1) of section 122.852 of the Revised Code, and (c) the difference between the maximum amount of credits that could have been awarded in the previous fiscal year under this section and the amount actually awarded. Out of that sum, five million dollars shall be reserved for broadway theatrical productions, and the balance may be allowed for any tax credit-eligible production. For any fiscal year in which less than five million dollars of tax credits are allowed for broadway theatrical productions, the amount of the five million dollars not allowed and added to the maximum annual amount for the following fiscal year shall be reserved for broadway theatrical productions in 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 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450 H. B. No. 96 Page 152 As Introduced 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 one-half of the maximum allowance for the fiscal year calculated under division (C)(4) of this section, two million five hundred thousand dollars of which shall be reserved for broadway theatrical productions. 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 on a rolling basis. 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 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480 4481 H. B. No. 96 Page 153 As Introduced 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 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 the director disallows an expenditure, the director shall issue a written notice to the production company 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 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 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 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510 4511 H. B. No. 96 Page 154 As Introduced 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 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 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541 H. B. No. 96 Page 155 As Introduced 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 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. 122.97. (A) The director of development may allocate the state ceiling on the aggregate amount of private activity bonds issued in this state as provided in 26 U.S.C. 146. The allocation shall be made pursuant to rules the director adopts in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Provide a formula for allocating the state ceiling, as authorized under 26 U.S.C. 146(e); (2) Authorize procedures to administer those allocations; (3) Impose fees on persons to which such allocations are issued; (4) Establish any other requirements, processes, or procedures to administer the state ceiling. (B) The development volume cap fund is created in the custody of the treasurer of state, but is not part of the state treasury. The fund shall consist of all fees paid by issuers receiving state ceiling allocations. Funds may be used to pay the department of development's costs in administering ceiling allocations. The treasurer of state shall disburse money from 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 H. B. No. 96 Page 156 As Introduced the fund on order of the director of development. All interest and investment income earned by the fund shall be deposited into the fund. Sec. 123.10. (A) As used in this section and section 123.11 of the Revised Code, "public exigency" means an injury or obstruction that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it; an immediate danger of such an injury or obstruction; or an injury or obstruction, or an immediate danger of an injury or obstruction, that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it. (B) When a declaration of public exigency is issued pursuant to division (C) of this section, the Ohio facilities construction commission, or the requesting director of the state agency, state institution of higher education as defined in division (A)(1) of section 3345.12 of the Revised Code, or other state instrumentality, as determined by the executive director of the commission, shall enter into contracts with proper persons for the performance of labor, the furnishing of materials, or the construction of any structures and buildings necessary to the maintenance, control, and management of the public works of the state or any part of those public works. Any contracts awarded for the work performed pursuant to the declaration of a public exigency may be awarded without competitive bidding or selection as set forth in Chapter 153. of the Revised Code. (C) The executive director of the Ohio facilities construction commission may issue a declaration of a public exigency on the executive director's own initiative or upon the 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 H. B. No. 96 Page 157 As Introduced request of the director of any state agency, a state institution of higher education as defined in division (A)(1) of section 3345.12 of the Revised Code, or any other state instrumentality. The executive director's declaration shall identify the specific injury, obstruction, or danger that is the subject of the declaration and shall set forth a dollar limitation for the repair, removal, or prevention of that exigency under the declaration. Before any project to repair, remove, or prevent a public exigency under the executive director's declaration may begin, the executive director shall send notice of the project, in writing, to the director of budget and management and to the members of the controlling board. That notice shall detail the project to be undertaken to address the public exigency and shall include a copy of the executive director's declaration that establishes the monetary limitations on that project. Sec. 123.21. (A) The Ohio facilities construction commission may perform any act and ensure the performance of any function necessary or appropriate to carry out the purposes of, and exercise the powers granted under this chapter or any other provision of the Revised Code, including any of the following: (1) Except as otherwise provided in section 123.211 of the Revised Code, prepare, or contract to be prepared, by licensed engineers or architects, surveys, general and detailed plans, specifications, bills of materials, and estimates of cost for any projects, improvements, or public buildings to be constructed by state agencies that may be authorized by legislative appropriations or any other funds made available therefor, provided that the construction of the projects, improvements, or public buildings is a statutory duty of the 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630 H. B. No. 96 Page 158 As Introduced commission. This section does not require the independent employment of an architect or engineer as provided by section 153.01 of the Revised Code in the cases to which section 153.01 of the Revised Code applies. This section does not affect or alter the existing powers of the director of transportation. (2) Except as otherwise provided in section 123.211 of the Revised Code, have general supervision over the construction of any projects, improvements, or public buildings constructed for a state agency and over the inspection of materials prior to their incorporation into those projects, improvements, or buildings. (3) Except as otherwise provided in section 123.211 of the Revised Code, make contracts for and supervise the design and construction of any projects and improvements or the construction and repair of buildings under the control of a state agency. All such contracts may be based in whole or in part on the unit price or maximum estimated cost, with payment computed and made upon actual quantities or units. (4) Adopt, amend, and rescind rules pertaining to the administration of the construction of the public works of the state as required by law, in accordance with Chapter 119. of the Revised Code. (5) Contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under this chapter, or authorize the executive director to perform such powers and duties. (6) Receive and accept any gifts, grants, donations, and 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658 4659 H. B. No. 96 Page 159 As Introduced pledges, and receipts therefrom, to be used for the programs authorized under this chapter. (7) Make and enter into all contracts, commitments, and agreements, and execute all instruments, necessary or incidental to the performance of its duties and the execution of its rights and powers under this chapter, or authorize the executive director to perform such powers and duties. (8) Debar a contractor as provided in section 153.02 of the Revised Code. (9) Enter into and administer cooperative agreements for cultural projects, as provided in sections 123.28 and 123.281 of the Revised Code. (B) The following contracts awarded by competitive selection by the commission under this section are not subject to controlling board approval under section 127.16 of the Revised Code: (1) Construction management services contracts under sections 9.33 to 9.335 of the Revised Code; (2) Professional design services contracts under sections 153.65 to 153.691 of the Revised Code; (3) Criteria architect or engineer services contracts under section 153.692 of the Revised Code; (4) Design-build services contracts under section 153.693 of the Revised Code; (5) Integrated project delivery services contracts under section 153.695 of the Revised Code. (C) The commission shall appoint and fix the compensation 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 4682 4683 4684 4685 4686 H. B. No. 96 Page 160 As Introduced of an executive director who shall serve at the pleasure of the commission. The executive director shall supervise the operations of the commission and perform such other duties as delegated by the commission. The executive director also shall employ and fix the compensation of such employees as will facilitate the activities and purposes of the commission, who shall serve at the pleasure of the executive director. The employees of the commission are exempt from Chapter 4117. of the Revised Code and are not considered public employees as defined in section 4117.01 of the Revised Code. Any agreement entered into prior to July 1, 2012, between the office of collective bargaining and the exclusive representative for employees of the commission is binding and shall continue to have effect. (C)(D) 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. (D)(E) Purchases for, and the custody and repair of, buildings under the management and control of the capitol square review and advisory board are not subject to the control and jurisdiction of the Ohio facilities construction commission. Sec. 123.211. (A) Notwithstanding any contrary provision of section 123.21 of the Revised Code, the executive director of the Ohio facilities construction commission may authorize any of the following agencies to administer any capital facilities project, the estimated cost of which, including design fees, construction, equipment, and contingency amounts, is less than three million dollars: (1) The department of mental health and addiction services; 4687 4688 4689 4690 4691 4692 4693 4694 4695 4696 4697 4698 4699 4700 4701 4702 4703 4704 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715 4716 H. B. No. 96 Page 161 As Introduced (2) The department of developmental disabilities; (3) The department of agriculture; (4) The department of job and family services; (5) The department of rehabilitation and correction; (6) The department of youth services; (7) The department of public safety; (8) The department of transportation; (9) The department of veterans services; (10) The bureau of workers' compensation; (11) The department of administrative services; (12) Ohio deaf and blind education services. (B) A state agency that wishes to administer a project under division (A) of this section shall submit a request for authorization through the Ohio administrative knowledge system capital improvements application. Upon the release of funds for the projects by the controlling board or the director of budget and managementIf approved, the agency may administer the capital project or projects for which agency administration has been authorized without the supervision, control, or approval of the executive director of the Ohio facilities construction commission. (C) A state agency authorized by the executive director of the Ohio facilities construction commission to administer capital facilities projects pursuant to this section shall comply with the applicable procedures and guidelines established in Chapter 153. of the Revised Code and shall track all project information in the Ohio administrative knowledge system capital 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743 H. B. No. 96 Page 162 As Introduced improvements application pursuant to Ohio facilities construction commission guidelines. Sec. 123.28. As used in this section and in section sections 123.281 and 123.282 of the Revised Code: (A) "Culture" means any of the following: (1) Visual, musical, dramatic, graphic, design, and other arts, including, but not limited to, architecture, dance, literature, motion pictures, music, painting, photography, sculpture, and theater, and the provision of training or education in these arts; (2) The presentation or making available, in museums or other indoor or outdoor facilities, of principles of science and their development, use, or application in business, industry, or commerce or of the history, heritage, development, presentation, and uses of the arts described in division (A)(1) of this section and of transportation; (3) The preservation, presentation, or making available of features of archaeological, architectural, environmental, or historical interest or significance in a state historical facility or a local historical facility. (B) "Cultural organization" means either of the following: (1) A governmental agency or Ohio nonprofit corporation, including the Ohio history connection, that provides programs or activities in areas directly concerned with culture; (2) A regional arts and cultural district as defined in section 3381.01 of the Revised Code. (C) "Cultural project" means all or any portion of an Ohio cultural facility for which the general assembly has made an 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 H. B. No. 96 Page 163 As Introduced appropriation or has specifically authorized the spending of money or the making of rental payments relating to the financing of construction. (D) "Cooperative use agreement" means a contract between the Ohio facilities construction commission and a cultural organization providing the terms and conditions of the cooperative use of an Ohio cultural facility. (E) "Costs of operation" means amounts required to manage an Ohio cultural facility that are incurred following the completion of construction of its cultural project, provided that both of the following apply: (1) Those amounts either: (a) Have been committed to a fund dedicated to that purpose; (b) Equal the principal of any endowment fund, the income from which is dedicated to that purpose. (2) The commission and the cultural organization have executed an agreement with respect to either of those funds. (F) "Governmental agency" means a state agency, a state institution of higher education as defined in section 3345.12 of the Revised Code, a municipal corporation, county, township, or school district, a port authority created under Chapter 4582. of the Revised Code, any other political subdivision or special district in this state established by or pursuant to law, or any combination of these entities; except where otherwise indicated, the United States or any department, division, or agency of the United States, or any agency, commission, or authority established pursuant to an interstate compact or agreement. 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 H. B. No. 96 Page 164 As Introduced (G) "Local contributions" means the value of an asset provided by or on behalf of a cultural organization from sources other than the state, the value and nature of which shall be approved by the Ohio facilities construction commission, in its sole discretion. "Local contributions" may include the value of the site where a cultural project is to be constructed. All "local contributions," except a contribution attributable to such a site, shall be for the costs of construction of a cultural project or the creation or expansion of an endowment for the costs of operation of a cultural facility. (H) "Local historical facility" means a site or facility, other than a state historical facility, of archaeological, architectural, environmental, or historical interest or significance, or a facility, including a storage facility, appurtenant to the operations of such a site or facility, that is owned by a cultural organization and is used for or in connection with cultural activities, including the presentation or making available of culture to the public. (I) "Manage," "operate," or "management" means the provision of, or the exercise of control over the provision of, activities: (1) Relating to culture for an Ohio cultural facility, including as applicable, but not limited to, providing for displays, exhibitions, specimens, and models; booking of artists, performances, or presentations; scheduling; and hiring or contracting for directors, curators, technical and scientific staff, ushers, stage managers, and others directly related to the cultural activities in the facility; but not including general building services; (2) Relating to sports and athletic events for an Ohio 4800 4801 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 H. B. No. 96 Page 165 As Introduced sports facility, including as applicable, but not limited to, providing for booking of athletes, teams, and events; scheduling; and hiring or contracting for staff, ushers, managers, and others directly related to the sports and athletic events in the facility; but not including general building services. (J) "Ohio cultural facility" means any of the following: (1) The theaters located in the state office tower at 77 South High street in Columbus; (2) Any cultural facility in this state that is managed directly by, or is subject to a cooperative use or management agreement with, the Ohio facilities construction commission. (3) A state historical facility or a local historical facility. (K) "Construction" includes acquisition, including acquisition by lease-purchase, demolition, reconstruction, alteration, renovation, remodeling, enlargement, improvement, site improvements, and related equipping and furnishing. (L) "State historical facility" means a site or facility that has all of the following characteristics: (1) It is created, supervised, operated, protected, maintained, and promoted by the Ohio history connection pursuant to the Ohio history connection's performance of public functions under sections 149.30 and 149.302 of the Revised Code. (2) Its title must reside wholly or in part with the state, the Ohio history connection, or both the state and the Ohio history connection. (3) It is managed directly by or is subject to a 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 4850 4851 4852 4853 4854 4855 4856 4857 H. B. No. 96 Page 166 As Introduced cooperative use or management agreement with the Ohio facilities construction commission and is used for or in connection with cultural activities, including the presentation or making available of culture to the public. (M) "Ohio sports facility" means all or a portion of a stadium, arena, tennis facility, motorsports complex, or other capital facility in this state. A primary purpose of the facility shall be to provide a site or venue for the presentation to the public of motorsports events, professional tennis tournaments, or events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state. The facility shall be, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, owned by or located on real property owned by the state or a governmental agency, and includes all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real and personal property and interests and rights therein, that may be appropriate for or used for or in connection with the facility or its operation, for capital costs of which state funds are spent pursuant to this section and section 123.281 of the Revised Code. A facility constructed as an Ohio sports facility may be both an Ohio cultural facility and an Ohio sports facility. (N) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface. (O) "Professional sports franchise" means a member of the national football league, women's national football conference, women's football alliance, women's football league association, national hockey league, professional women's hockey league, 4858 4859 4860 4861 4862 4863 4864 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880 4881 4882 4883 4884 4885 4886 4887 H. B. No. 96 Page 167 As Introduced major league baseball, women's professional baseball league, major league soccer, national women's soccer league, national basketball association, or the women's national basketball association, or a successor of such an entity. (P) "Major sports facility" means an Ohio sports facility that meets all of the following criteria: (1) A primary purpose of the sports facility is to provide a site or venue for the presentation of events of a professional sports franchise that is committed to playing a majority of the franchise's home games at the sports facility for a period of at least thirty years after completion of the construction or renovation of the sports facility. (2) The initial total estimated construction cost to be incurred in connection with the construction of the sports facility, excluding any site acquisition cost, is greater than one billion dollars, or if the project is for renovation of an existing facility, the total estimated renovation cost is greater than one hundred million dollars. (3) At least sixty per cent of the total project cost has been secured from sources other than state funds. (Q) "Major sports facility mixed-use project" means the following, as applicable: (1) A mixed-use project that does all of the following: (a) Includes the construction of a major sports facility; (b) Integrates some combination of retail, office, hotel, residential, recreation, structured parking, or other similar uses into one or more mixed-use developments; (c) Has secured project funding from sources other than 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902 4903 4904 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 H. B. No. 96 Page 168 As Introduced state funds of at least sixty per cent of the total project cost; (d) Is expected to generate increased state tax revenues pursuant to state taxes levied under Chapters 5739., 5741., 5747., and 5751. of the Revised Code. (2) A major sports facility mixed-use project also may include any of the following: (a) Other projects supporting or relating to the major sports facility or the professional sports franchise constructing, renovating, or using the major sports facility, including portions of the project located on parcels of property that are noncontiguous with the primary site of the major sports facility mixed-use project, if the property is within the state, under the control of the professional sports franchise or the franchise's affiliated entities or joint venture partners, and is within a ten-mile radius of the major sports facility; (b) Any mixed-use project adjacent or otherwise relating to practice facilities for the professional sports franchise; (c) Conference centers, concert, or other entertainment venues and facilities; (d) Retail, food, restaurant, and beverage facilities, whether fixed or mobile; (e) Parks and other public open spaces or facilities; (f) Related on-site infrastructure necessary or desirable for all such elements for the major sports facility mixed-use project. (R) "Minor league sports facility" means an Ohio sports facility that meets all of the following requirements: 4916 4917 4918 4919 4920 4921 4922 4923 4924 4925 4926 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 4938 4939 4940 4941 4942 4943 H. B. No. 96 Page 169 As Introduced (1) The facility's primary purpose is to provide a site or venue for the presentation of events of a minor league sports franchise that is officially affiliated as a developmental league for a professional sports franchise, or is an independent team that pays players and that meets criteria to be established by the Ohio advisory committee for sports facility construction and youth sports education under section 123.282 of the Revised Code, and that is committed to playing a majority of home games at the sports facility for a period of fifteen years after completion of the construction or renovation of the sports facility. (2) The initial total estimated construction cost to be incurred in connection with the construction of the sports facility, excluding any site acquisition cost, is greater than fifty million dollars, or if the project is for renovation of an existing facility, the total estimated renovation cost is greater than ten million dollars. (3) At least sixty per cent of the total project cost has been secured from sources other than state funds. (S) "Youth sports education" means programs, instruction, or facilities that are primarily designed for use by Ohio students and that seek to encourage, teach, or enable lifelong health, physical readiness, and sports knowledge, including programs in public and chartered nonpublic schools and programs administered by nonprofit organizations that encourage outdoor physical activity and education, as approved by the advisory committee. However, "youth sports education" does not include the use of funds to construct public school facilities. Sec. 123.281. (A) The Ohio facilities construction commission shall provide for the construction of a cultural 4944 4945 4946 4947 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4968 4969 4970 4971 4972 4973 H. B. No. 96 Page 170 As Introduced project in conformity with Chapter 153. of the Revised Code, except for construction services provided on behalf of the state by a governmental agency or a cultural organization in accordance with divisions (B) and (C) of this section. (B) In order for a governmental agency or a cultural organization to provide construction services on behalf of the state for a cultural project, other than a state historical facility, for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the governmental agency or cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that: (1) Specify how the proposed project will support culture; (2) Specify that the governmental agency or cultural organization has local contributions amounting to not less than fifty per cent of the total state funding for the cultural project; (3) Specify that the funds shall be used only for construction; (4) Identify the facility to be constructed, renovated, remodeled, or improved; (5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding appropriated funds; (6) Specify that the governmental agency or cultural organization shall hold the Ohio facilities construction 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 4986 4987 4988 4989 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 5000 5001 5002 H. B. No. 96 Page 171 As Introduced commission harmless from all liability for the operation and maintenance costs of the facility; (7) Specify that the agreement or any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code; and (8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission. (C) In order for a cultural organization to provide construction services on behalf of the state for a state historical facility for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that: (1) Specify how the proposed project will support culture; (2) Specify that the funds shall be used only for construction; (3) Specify that not more than three per cent of the funds may be used by the cultural organization to administer the project; (4) Identify the facility to be constructed, renovated, remodeled, or improved; (5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 H. B. No. 96 Page 172 As Introduced appropriated funds; (6) Specify that the cultural organization shall hold the Ohio facilities construction commission harmless from all liability for the operation and maintenance costs of the facility; (7) Specify that the agreement or any actions taken under it are not subject to Chapter 123., 153., or 4115. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, and 123.281 of the Revised Code; and (8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission. (D) For an Ohio sports facility that is financed in part by obligations issued under Chapter 154. of the Revised Code, construction services shall be provided on behalf of the state by or at the direction of the governmental agency or nonprofit corporation that will own or be responsible for the management of the facility. Any construction services to be provided by a governmental agency or nonprofit corporation shall be specified in a cooperative use agreement between the Ohio facilities construction commission and the governmental agency or nonprofit corporation. The agreement and any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code. (E) State funds shall not be used to pay or reimburse more than fifteen per cent of the initial estimated construction cost of an Ohio sports facility, excluding any site acquisition cost, and no state funds, including any state bond proceeds, shall be 5031 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 H. B. No. 96 Page 173 As Introduced spent on any Ohio sports facility under this chapter unless, with respect to that facility, all of the following apply: (1) The Ohio facilities construction commission has received a financial and development plan satisfactory to it, and provision has been made, by agreement or otherwise, satisfactory to the commission, for a contribution amounting to not less than eighty-five per cent of the total estimated construction cost of the facility, excluding any site acquisition cost, from sources other than the state. (2) The general assembly has specifically authorized the spending of money on, or made an appropriation for, the construction of the facility, or for rental payments relating to state financing of all or a portion of the costs of constructing the facility. Authorization to spend money, or an appropriation, for planning or determining the feasibility of or need for the facility does not constitute authorization to spend money on, or an appropriation for, costs of constructing the facility. (3) If state bond proceeds are being used for the Ohio sports facility, the state or a governmental agency owns or has sufficient property interests in the facility or in the site of the facility or in the portion or portions of the facility financed from proceeds of state bonds, which may include, but is not limited to, the right to use or to require the use of the facility for the presentation of sport and athletic events to the public at the facility. (F) In addition to the requirements of division (E) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply: 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 H. B. No. 96 Page 174 As Introduced (1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the executive director of the Ohio facilities construction commission and to the treasurer of state. (2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility. (G) In addition to the requirements of division (E) of this section, no state bond proceeds shall be spent on any Ohio sports facility that is a tennis facility, unless the owner or manager of the facility provides contractual commitments from a national or international professional tennis organization in a form acceptable to the Ohio facilities construction commission that assures that one or more sanctioned professional tennis events will be presented at the facility during each year that the bonds remain outstanding. 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 H. B. No. 96 Page 175 As Introduced (H) The Ohio facilities construction commission shall administer the sports facilities construction and sports education fund created under division (A)(5) of section 5753.031 of the Revised Code. Proceeds of the sports facilities construction and sports education fund shall support construction and renovation of major sports facilities and minor league sports facilities throughout the state for the economic benefit of the state, and to support youth sports education, in accordance with section 123.282 of the Revised Code. Sec. 123.282. (A) The Ohio advisory committee for sports facility construction and youth sports education is created. The committee shall evaluate and approve projects to be supported by the sports facilities construction and sports education fund created under division (A)(5) of section 5753.031 of the Revised Code and administered by the Ohio facilities construction commission in accordance with this section and division (H) of section 123.281 of the Revised Code. (B) The committee shall consist of the following members: (1) The executive director of the Ohio facilities construction commission, who shall serve as the chair; (2) Two members appointed by the governor; (3) One member appointed by the speaker of the house of representatives; (4) One member appointed by the minority leader of the house of representatives; (5) One member appointed by the president of the senate; (6) One member appointed by the minority leader of the 5120 5121 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 H. B. No. 96 Page 176 As Introduced senate. The members shall serve at the pleasure of the appointing authority. Members who are members of the public shall be paid a per diem rate of five hundred dollars a day on days in which the committee meets. All members shall receive any actual and necessary expenses. (C) No member of the committee shall have any financial interest in, contract with, represent, advise, or be employed by any professional sports franchise or professional sports league within one year before appointment, during the time of appointment, or for two years after appointment, and shall file a disclosure statement with the Ohio ethics commission, or with the joint legislative ethics committee in the case of the members appointed by members of the general assembly, under section 102.02 of the Revised Code, before voting on any matter. A member may purchase tickets, season tickets, or engage in another generally available transaction with a professional sports franchise or professional sports league, if the purchase or transaction is at arm's length and at the same price as generally available to the public. (D) All projects supported by the fund shall be evaluated and approved by a majority vote of the committee. The committee shall recommend policies and procedures for the administration of the fund for review and adoption by the Ohio facilities construction commission. The committee shall prioritize all of the following: (1) The economic development of communities in this state through the support of major sports facilities, major sports facility mixed-use projects, and minor league sports facilities; 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 H. B. No. 96 Page 177 As Introduced (2) The support of youth sports education to encourage lifelong health, physical readiness, and sports knowledge for students in grades kindergarten through twelve; (3) Facilities and programs that teach or enable training in team or individual sports, including endurance sports, aquatic sports, cold weather sports, or martial arts. Facilities and programs may include publicly accessible indoor and outdoor tracks, year-round aquatic centers, ice arenas, and indoor field houses. (E) The director of education and workforce, the director of public safety, the director of health, and the adjutant general shall advise the committee on what skills, facilities, and programs are necessary for youth sports education and shall publish, as needed, standards for youth sports education for students in grades kindergarten through twelve. For students in grades eleven and twelve, the standards shall promote physical readiness for individuals to satisfactorily complete the physical fitness requirements of the peace officer basic training program and the army combat fitness test. (F) The committee may recommend criteria to the Ohio facilities construction commission to establish, and the commission may implement, a grant program that facilitates the ability of communities in this state to secure major sporting events to benefit the economic growth of the state using funds from the sports facilities construction and sports education fund. The committee also may recommend to the tax commissioner the creation of tax credits to support youth sports education. Sec. 124.02. The director of administrative services and the state personnel board of review shall exercise all functions, powers, and duties that formerly , on or before 5177 5178 5179 5180 5181 5182 5183 5184 5185 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204 5205 5206 H. B. No. 96 Page 178 As Introduced January 1, 1959, were by law actually devolved upon, vested in, and imposed upon the state civil service commission and the offices of commissioners and members and upon their employees, agents, and representatives. Whenever in any law or rule of this state or any political subdivision, "state civil service commission," "commission," "commissioner" or "member," meaning the state civil service commission or the offices of commissioners or members of said commission, is used, such terms shall be construed as referring to the department of administrative services, the director of administrative services, the state personnel board of review, or the members of the state personnel board of review, as this chapter may require. Sec. 124.07. (A) The director of administrative services shall appoint examiners, inspectors, clerks, and other assistants as necessary to carry out sections 124.01 to 124.64 of the Revised Code. The director may designate persons in or out of the service of the state to serve as examiners or assistants under the director's direction. An examiner or assistant shall receive the compensation for each day actually and necessarily spent in the discharge of duties as an examiner or assistant that the director determines; provided that, if the examiner or assistant is in the service of the state or any political subdivision of the state, it shall be a part of the examiner's or assistant's official duties to render those services in connection with an examination without extra compensation. (B) Each state agency shall pay the cost of the services and facilities furnished to it by the department of administrative services that are necessary to provide and 5207 5208 5209 5210 5211 5212 5213 5214 5215 5216 5217 5218 5219 5220 5221 5222 5223 5224 5225 5226 5227 5228 5229 5230 5231 5232 5233 5234 5235 5236 H. B. No. 96 Page 179 As Introduced maintain payroll services as prescribed in section 125.21 of the Revised Code and state merit standards as prescribed in sections 124.01 to 124.64 of the Revised Code for the agency. If a state- supported college or university or a municipal corporation chooses to use the services and facilities furnished by the department that are necessary to provide and maintain the services and standards so prescribed, the state-supported college or university or municipal corporation shall pay the cost of the services and facilities that the department furnishes to it. The charges against a state agency, a state- supported college or university, or a municipal corporation shall be computed on a reasonable cost basis in accordance with procedures prescribed by the director of budget and management. Any moneys the department receives from a state agency, a state- supported college or university, or a municipal corporation under this division that are in excess of the amount necessary to pay the cost of furnishing the department's services and facilities during any fiscal year shall be either refunded to or credited for the ensuing fiscal year to the state agency, the state-supported college or university, or the municipal corporation. (C) The director of administrative services may enter into an agreement with any county, municipal corporation, or other political subdivision to furnish services and facilities of the department in the administration of a merit program or other functions related to human resources that include, but are not limited to, providing competitive examinations for positions in the classified service. The agreement shall provide that the department shall be reimbursed for the reasonable costs of those services and facilities as determined by the director. (D) All moneys received by the department as reimbursement 5237 5238 5239 5240 5241 5242 5243 5244 5245 5246 5247 5248 5249 5250 5251 5252 5253 5254 5255 5256 5257 5258 5259 5260 5261 5262 5263 5264 5265 5266 5267 H. B. No. 96 Page 180 As Introduced for a merit program or other human resources services performed and facilities furnished under this section, such as competitive examinations administered, shall be paid into the state treasury to the credit of the human resources services fund, which is hereby created. (E) In counties of the state in which are located cities having municipal civil service commissions, the director of administrative services may designate the municipal civil service commission of the largest city within the county as the director's agent for the purpose of carrying out the provisions of sections 124.01 to 124.64 of the Revised Code, within the county, that the director designates. Each municipal civil service commission designated as an agent of the director shall render to the director, at the end of each month, an itemized statement of the cost incurred by the commission for work done as the agent of the director, and the director, after approving that statement, shall pay the total amount of it to the treasurer of the municipal corporation in the same manner as other expenses of the department of administrative services. (F) The director of administrative services and the examiners, inspectors, clerks, and assistants referred to in this section shall receive, in addition to their salaries, reimbursement for necessary traveling and other expenses incurred in the actual discharge of their official duties. The director may also incur the necessary expenses for stationery, printing, and other supplies incident to the business of the department. Sec. 124.11. The civil service of the state and the several counties, cities, civil service townships, city health districts, general health districts, and city school districts 5268 5269 5270 5271 5272 5273 5274 5275 5276 5277 5278 5279 5280 5281 5282 5283 5284 5285 5286 5287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 H. B. No. 96 Page 181 As Introduced of the state shall be divided into the unclassified service and the classified service. (A) The unclassified service shall comprise the following positions, which shall not be included in the classified service, and which shall be exempt from all examinations required by this chapter: (1) All officers elected by popular vote or persons appointed to fill vacancies in those offices; (2) All election officers as defined in section 3501.01 of the Revised Code; (3)(a) The members of all boards and commissions, and heads of principal departments, boards, and commissions appointed by the governor or by and with the governor's consent; (b) The heads of all departments appointed by a board of county commissioners; (c) The members of all boards and commissions and all heads of departments appointed by the mayor, or, if there is no mayor, such other similar chief appointing authority of any city or city school district; Except as otherwise provided in division (A)(17) or (C) of this section, this chapter does not exempt the chiefs of police departments and chiefs of fire departments of cities or civil service townships from the competitive classified service. (4) The members of county or district licensing boards or commissions and boards of revision, and not more than five deputy county auditors; (5) All officers and employees elected or appointed by either or both branches of the general assembly, and employees 5298 5299 5300 5301 5302 5303 5304 5305 5306 5307 5308 5309 5310 5311 5312 5313 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 H. B. No. 96 Page 182 As Introduced of the city legislative authority engaged in legislative duties; (6) All commissioned, warrant, and noncommissioned officers and enlisted persons in the Ohio organized militia, including military appointees in the adjutant general's department; (7)(a) All presidents, business managers, administrative officers, superintendents, assistant superintendents, principals, deans, assistant deans, instructors, teachers, and such employees as are engaged in educational or research duties connected with the public school system, colleges, and universities, as determined by the governing body of the public school system, colleges, and universities; (b) The library staff of any library in the state supported wholly or in part at public expense. (8) Four clerical and administrative support employees for each of the elective state officers, four clerical and administrative support employees for each board of county commissioners and one such employee for each county commissioner, and four clerical and administrative support employees for other elective officers and each of the principal appointive executive officers, boards, or commissions, except for civil service commissions, that are authorized to appoint such clerical and administrative support employees; (9) The deputies and assistants of state agencies authorized to act for and on behalf of the agency, or holding a fiduciary or administrative relation to that agency and those persons employed by and directly responsible to elected county officials or a county administrator and holding a fiduciary or administrative relationship to such elected county officials or 5326 5327 5328 5329 5330 5331 5332 5333 5334 5335 5336 5337 5338 5339 5340 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 5351 5352 5353 5354 H. B. No. 96 Page 183 As Introduced county administrator, and the employees of such county officials whose fitness would be impracticable to determine by competitive examination, provided that division (A)(9) of this section shall not affect those persons in county employment in the classified service as of September 19, 1961. Nothing in division (A)(9) of this section applies to any position in a county department of job and family services created pursuant to Chapter 329. of the Revised Code. (10) Bailiffs, constables, official stenographers, and commissioners of courts of record, deputies of clerks of the courts of common pleas who supervise or who handle public moneys or secured documents, and such officers and employees of courts of record and such deputies of clerks of the courts of common pleas as the appointing authority finds it impracticable to determine their fitness by competitive examination; (11) Assistants to the attorney general, special counsel appointed or employed by the attorney general, assistants to county prosecuting attorneys, and assistants to city directors of law; (12) Such teachers and employees in the agricultural experiment stations; such students in normal schools, colleges, and universities of the state who are employed by the state or a political subdivision of the state in student or intern classifications; and such unskilled labor positions as the director of administrative services, with respect to positions in the service of the state, or any municipal civil service commission may find it impracticable to include in the competitive classified service; provided such exemptions shall be by order of the commission or the director, duly entered on the record of the commission or the director with the reasons 5355 5356 5357 5358 5359 5360 5361 5362 5363 5364 5365 5366 5367 5368 5369 5370 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384 H. B. No. 96 Page 184 As Introduced for each such exemption; (13) Any physician or dentist who is a full-time employee of the department of mental health and addiction services, the department of developmental disabilities, or an institution under the jurisdiction of either department; and physicians who are in residency programs at the institutions; (14) Up to twenty positions at each institution under the jurisdiction of the department of mental health and addiction services or the department of developmental disabilities that the department director determines to be primarily administrative or managerial; and up to fifteen positions in any division of either department, excluding administrative assistants to the director and division chiefs, which are within the immediate staff of a division chief and which the director determines to be primarily and distinctively administrative and managerial; (15) Noncitizens of the United States employed by the state, or its counties or cities, as physicians or nurses who are duly licensed to practice their respective professions under the laws of this state, or medical assistants, in mental or chronic disease hospitals, or institutions; (16) Employees of the governor's office; (17) Fire chiefs and chiefs of police in civil service townships appointed by boards of township trustees under section 505.38 or 505.49 of the Revised Code; (18) Executive directors, deputy directors, and program directors employed by boards of alcohol, drug addiction, and mental health services under Chapter 340. of the Revised Code, and secretaries of the executive directors, deputy directors, 5385 5386 5387 5388 5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 H. B. No. 96 Page 185 As Introduced and program directors; (19) Superintendents, and management employees as defined in section 5126.20 of the Revised Code, of county boards of developmental disabilities; (20) Physicians, nurses, and other employees of a county hospital who are appointed pursuant to sections 339.03 and 339.06 of the Revised Code; (21) The executive director of the state medical board, who is appointed pursuant to division (B) of section 4731.05 of the Revised Code; (22) County directors of job and family services as provided in section 329.02 of the Revised Code and administrators appointed under section 329.021 of the Revised Code; (23) A director of economic development who is hired pursuant to division (A) of section 307.07 of the Revised Code; (24) Chiefs of construction and compliance, of operations and maintenance, of worker protection, and of licensing and certification in the division of industrial compliance in the department of commerce; (25) The executive director of a county transit system appointed under division (A) of section 306.04 of the Revised Code; (26) Up to five positions at each of the administrative departments listed in section 121.02 of the Revised Code and at the department of taxation, department of the adjutant general, department of education, Ohio board of regents, bureau of workers' compensation, industrial commission, state lottery 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431 5432 5433 5434 5435 5436 5437 5438 5439 5440 5441 H. B. No. 96 Page 186 As Introduced commission, opportunities for Ohioans with disabilities agency, and public utilities commission of Ohio that the head of that administrative department or of that other state agency determines to be involved in policy development and implementation. The head of the administrative department or other state agency shall set the compensation for employees in these positions at a rate that is not less than the minimum compensation specified in pay range 41 but not more than the maximum compensation specified in pay range 47 of salary schedule E-2 in created by the director of administrative services under section 124.152 of the Revised Code. The authority to establish positions in the unclassified service under division (A)(26) of this section is in addition to and does not limit any other authority that an administrative department or state agency has under the Revised Code to establish positions, appoint employees, or set compensation. (27) Employees of the department of agriculture employed under section 901.09 of the Revised Code; (28) For cities, counties, civil service townships, city health districts, general health districts, and city school districts, the deputies and assistants of elective or principal executive officers authorized to act for and in the place of their principals or holding a fiduciary relation to their principals; (29) Employees who receive intermittent or temporary appointments under division (B) of section 124.30 of the Revised Code; (30) Employees appointed to administrative staff positions for which an appointing authority is given specific statutory authority to set compensation; 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 H. B. No. 96 Page 187 As Introduced (31) Employees appointed to highway patrol cadet or highway patrol cadet candidate classifications; (32) Employees placed in the unclassified service by another section of the Revised Code. (B) The classified service shall comprise all persons in the employ of the state and the several counties, cities, city health districts, general health districts, and city school districts of the state, not specifically included in the unclassified service. Upon the creation by the board of trustees of a civil service township civil service commission, the classified service shall also comprise, except as otherwise provided in division (A)(17) or (C) of this section, all persons in the employ of a civil service township police or fire department having ten or more full-time paid employees. The classified service consists of two classes, which shall be designated as the competitive class and the unskilled labor class. (1) The competitive class shall include all positions and employments in the state and the counties, cities, city health districts, general health districts, and city school districts of the state, and, upon the creation by the board of trustees of a civil service township of a township civil service commission, all positions in a civil service township police or fire department having ten or more full-time paid employees, for which it is practicable to determine the merit and fitness of applicants by competitive examinations. Appointments shall be made to, or employment shall be given in, all positions in the competitive class that are not filled by promotion, reinstatement, transfer, or reduction, as provided in this chapter, and the rules of the director of administrative 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 H. B. No. 96 Page 188 As Introduced services, by appointment from those certified to the appointing officer in accordance with this chapter. (2) The unskilled labor class shall include ordinary unskilled laborers. Vacancies in the labor class for positions in service of the state shall be filled by appointment from lists of applicants registered by the director or the director's designee. Vacancies in the labor class for all other positions shall be filled by appointment from lists of applicants registered by a commission. The director or the commission, as applicable, by rule, shall require an applicant for registration in the labor class to furnish evidence or take tests as the director or commission considers proper with respect to age, residence, physical condition, ability to labor, honesty, sobriety, industry, capacity, and experience in the work or employment for which application is made. Laborers who fulfill the requirements shall be placed on the eligible list for the kind of labor or employment sought, and preference shall be given in employment in accordance with the rating received from that evidence or in those tests. Upon the request of an appointing officer, stating the kind of labor needed, the pay and probable length of employment, and the number to be employed, the director or commission, as applicable, shall certify from the highest on the list double the number to be employed; from this number, the appointing officer shall appoint the number actually needed for the particular work. If more than one applicant receives the same rating, priority in time of application shall determine the order in which their names shall be certified for appointment. (C) A municipal or civil service township civil service commission may place volunteer firefighters who are paid on a fee-for-service basis in either the classified or the 5502 5503 5504 5505 5506 5507 5508 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 H. B. No. 96 Page 189 As Introduced unclassified civil service. (D)(1) This division does not apply to persons in the unclassified service who have the right to resume positions in the classified service under sections 4121.121, 5119.18, 5120.38, 5120.381, 5120.382, 5123.08, and 5139.02 of the Revised Code or to cities, counties, or political subdivisions of the state. (2) A person who holds a position in the classified service of the state and who is appointed to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the person's appointment to the position in the unclassified service, regardless of the number of positions the person held in the unclassified service. An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service and any of the following apply: (a) That person held a certified position prior to July 1, 2007, in the classified service within the appointing authority's agency; (b) That person held a permanent position on or after July 1, 2007, in the classified service within the appointing authority's agency, and was appointed to the position in the unclassified service prior to January 1, 2016; (c) That person held a permanent position on or after January 1, 2016, in the classified service within the appointing authority's agency, and is within five years from the effective 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 5545 5546 5547 5548 5549 5550 5551 5552 5553 5554 5555 5556 5557 5558 5559 5560 5561 H. B. No. 96 Page 190 As Introduced date of the person's appointment in the unclassified service. (3) An employee forfeits the right to resume a position in the classified service when: (a) The employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or the rules of the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony while employed in the civil service; or (b) Upon transfer to a different agency. (4) Reinstatement to a position in the classified service shall be to a position substantially equal to that position in the classified service held previously, as certified by the director of administrative services. If the position the person previously held in the classified service has been placed in the unclassified service or is otherwise unavailable, the person shall be appointed to a position in the classified service within the appointing authority's agency that the director of administrative services certifies is comparable in compensation to the position the person previously held in the classified service. Service in the position in the unclassified service shall be counted as service in the position in the classified service held by the person immediately prior to the person's appointment to the position in the unclassified service. When a person is reinstated to a position in the classified service as provided in this division, the person is entitled to all rights, status, and benefits accruing to the position in the classified service during the person's time of service in the position in 5562 5563 5564 5565 5566 5567 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589 5590 5591 H. B. No. 96 Page 191 As Introduced the unclassified service. Sec. 124.134. (A) Each full-time permanent state employee paid in accordance with the schedules created under section 124.152 of the Revised Code and those employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code shall be credited with vacation leave with full pay according to length of service and accruing at a corresponding rate per biweekly pay period, as follows: 1 2 A Length of Service Per Pay Period Accrual Rate B Less than 4 years 3.1 hours C 4 but less than 9 years 4.6 hours D 9 but less than 14 years 6.2 hours E 14 but less than 19 years 6.9 hours F 19 but less than 24 years 7.7 hours G 24 years or more 9.2 hours Fifty-two weeks equal one year of service. The amount of an employee's service shall be determined in accordance with the standard specified in section 9.44 of the Revised Code. Credit for prior service, including an increased vacation accrual rate and longevity supplement, shall take effect during the first pay period that begins immediately following the date the director of administrative services approves granting credit for that prior service. No employee, 5592 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 5603 5604 5605 5606 5607 5608 H. B. No. 96 Page 192 As Introduced other than an employee who submits proof of prior service within ninety days after the date of the employee's hiring, shall receive any amount of vacation leave for the period prior to the date of the director's approval of the grant of credit for prior service. Part-time permanent employees who are paid in accordance with the schedules created under section 124.152 of the Revised Code and full-time permanent employees subject to this section who are in active pay status for less than eighty hours in a pay period shall earn vacation leave on a prorated basis. The ratio between the hours worked and the vacation hours earned by these classes of employees shall be the same as the ratio between the hours worked and the vacation hours earned by a full-time permanent employee with the same amount of service as provided for in this section. Vacation leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee. (B) Employees granted leave under this section shall forfeit their right to take or to be paid for any vacation leave to their credit which is in excess of the accrual for three years. Any excess leave shall be eliminated from the employees' leave balance. (C) Except as provided in division (D) of this section, beginning in fiscal year 2012, an employee may be paid for up to eighty hours of vacation leave each fiscal year if the employee requested and was denied the use of vacation leave during that fiscal year. No employee shall receive payment for more than eighty hours of denied vacation leave in a single fiscal year. An employee is only eligible to receive payment for vacation 5609 5610 5611 5612 5613 5614 5615 5616 5617 5618 5619 5620 5621 5622 5623 5624 5625 5626 5627 5628 5629 5630 5631 5632 5633 5634 5635 5636 5637 5638 H. B. No. 96 Page 193 As Introduced leave when the employee's vacation leave credit is at, or will reach in the immediately following pay period, the maximum of the accrual for three years and the employee has been denied the use of vacation leave. An employee is not entitled to receive payment for vacation leave denied in any pay period in which the employee's vacation leave credit is not at, or will not reach in the immediately following pay period, the maximum of accrual for three years. Any vacation leave for which an employee receives payment shall be deducted from the employee's vacation leave balance. No employee is eligible to receive payment for denied vacation leave in either fiscal year 2010 or fiscal year 2011. (D) The supreme court, general assembly, secretary of state, auditor of state, treasurer of state, and attorney general may establish by policy an alternate payment structure for employees whose vacation leave credit is at, or will reach in the immediately following pay period, the maximum of accrual for three years and the employee has been denied the use of vacation leave. An employee is not entitled to receive payment for vacation leave denied in any pay period in which the employee's vacation leave credit is not at, or will not reach in the immediately following pay period, the maximum of accrual for three years. Any vacation leave for which the employee receives payment shall be deducted from the employee's vacation leave balance. (E) Except as otherwise provided in this division, upon separation from state service, an employee granted leave under this section is entitled to compensation at the employee's current rate of pay for all unused vacation leave accrued under this section or section 124.13 of the Revised Code to the employee's credit. An employee who separates from state service with less than twelve months of total state service is not 5639 5640 5641 5642 5643 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659 5660 5661 5662 5663 5664 5665 5666 5667 5668 5669 H. B. No. 96 Page 194 As Introduced entitled to compensation for unused accrued vacation leave. In case of transfer of an employee from one state agency to another, the employee shall retain the unused accrued vacation leave. In case of the death of an employee, the unused accrued vacation leave shall be paid in accordance with section 2113.04 of the Revised Code, or to the employee's estate. An employee serving in a temporary work level who is eligible to receive compensation under this division shall be compensated at the base rate of pay of the employee's normal classification. (F)(1) Except as provided in division (G) of this section, beginning in December 2023, and every year thereafter, the director shall allow an eligible full-time or part-time employee who is credited with vacation leave under this section to convert a portion of the employee's unused accrued vacation leave to cash in accordance with this division. (2) To be eligible for the conversion described in division (F)(1) of this section, an employee shall have not less than one hundred hours of unused accrued vacation leave available for use on the last day of the first pay period of November in the year that the employee chooses to make the conversion. (3) An employee who has not less than two hundred hours of unused accrued vacation leave available for use on the last day of the first pay period of November in the year that the employee chooses to make the conversion is eligible to convert up to eighty hours of unused accrued vacation leave to cash under division (F)(1) of this section. An employee who has not less than one hundred hours of unused accrued vacation leave available for use on the last day of the first pay period of November in the year that the employee chooses to make the 5670 5671 5672 5673 5674 5675 5676 5677 5678 5679 5680 5681 5682 5683 5684 5685 5686 5687 5688 5689 5690 5691 5692 5693 5694 5695 5696 5697 5698 5699 H. B. No. 96 Page 195 As Introduced conversion is eligible to convert up to forty hours of unused accrued vacation leave to cash under division (F)(1) of this section. (4) Unused accrued vacation leave converted to cash under division (F)(1) of this section shall be paid to the employee in the first paycheck of December at the base rate of pay for every hour of unused accrued vacation leave that the employee converts. An employee serving in a temporary work level who elects to convert unused accrued vacation leave to cash shall do so at the base rate of pay of the employee's normal classification. (5) An employee who separates from state service during the year shall not be eligible for the cash benefit provided under division (F) of this section. (6) The cash benefit set forth in division (F) of this section shall not be subject to contributions to any of the retirement systems, either by the employee or the employer. (7) The director shall establish procedures to implement this division. The director shall include in the procedures a final date by which an employee must notify the director of the amount of unused accrued vacation leave to be converted to cash. Except as provided in division (B) of this section, an employee's unused accrued vacation leave balance shall automatically carry forward if the employee does not notify the director in accordance with the procedures the director establishes. (G) Division (F) of this section does not apply to employees of the supreme court, the general assembly, the legislative service commission, the secretary of state, the 5700 5701 5702 5703 5704 5705 5706 5707 5708 5709 5710 5711 5712 5713 5714 5715 5716 5717 5718 5719 5720 5721 5722 5723 5724 5725 5726 5727 5728 H. B. No. 96 Page 196 As Introduced auditor of state, the treasurer of state, or the attorney general unless the supreme court, the general assembly, the legislative service commission, the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides that the employees of those respective entities should be eligible for the opportunity to convert unused accrued vacation leave pursuant to division (F) of this section and notifies the director in writing on or before the first day of October of the calendar year of the decision to make the employees eligible. The first year that these entities may elect to allow to make the employees eligible is 2023. After notifying the director in writing of the decision that employees of those respective entities are eligible, those employees remain eligible until the respective entity notifies the director in writing on or before the first day of October of the calendar year that the employees are ineligible. If any entity notifies the director of a decision that employees of those entities are ineligible during any calendar year, those employees remain ineligible until the entity notifies the director in writing on or before the first day of October of the calendar year that the employees are eligible. This division does not apply to employees defined as public employees under section 4117.01 of the Revised Code. Sec. 124.135. (A) State employees are entitled to paid leave when summoned for jury duty by a court of competent jurisdiction. (B) State employees are entitled to paid leave when subpoenaed to appear before any court, commission, board, or other legally constituted body authorized by law to compel the attendance of witnesses. This division does not apply if the state employee is a party to the action or proceeding involved 5729 5730 5731 5732 5733 5734 5735 5736 5737 5738 5739 5740 5741 5742 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 5754 5755 5756 5757 5758 5759 H. B. No. 96 Page 197 As Introduced or is subpoenaed as a result of secondary employment outside the service of the state. (C) Each full-time permanent state employee paid in accordance with the schedules created under section 124.152 of the Revised Code and those employees described in divisions (B) (2) and (4) of section 124.14 of the Revised Code also may be entitled, in their appointing authority's discretion, to paid leave when appointed to serve on advisory boards or commissions or when soliciting for charities for which payroll deductions are made. 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 the schedules created under 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 (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. If the 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 one of the following: (i) A parent, as listed on the birth certificate, of a 5760 5761 5762 5763 5764 5765 5766 5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 H. B. No. 96 Page 198 As Introduced newly born child; (ii) A parent, as listed on the fetal death certificate, of a stillborn child; (iii) A legal guardian of a newly adopted child who resides in the same household as that child. (b) Employees may elect to receive 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. (C) Parental leave granted under this section shall not exceed twelve consecutive weeks, which shall include four hundred eighty 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. During 5789 5790 5791 5792 5793 5794 5795 5796 5797 5798 5799 5800 5801 5802 5803 5804 5805 5806 5807 5808 5809 5810 5811 5812 5813 5814 5815 5816 5817 H. B. No. 96 Page 199 As Introduced 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 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. (D) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to supplement the seventy per cent of their base rate of pay received during the 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. (E) Employees receiving disability leave benefits under 5818 5819 5820 5821 5822 5823 5824 5825 5826 5827 5828 5829 5830 5831 5832 5833 5834 5835 5836 5837 5838 5839 5840 5841 5842 5843 5844 5845 5846 H. B. No. 96 Page 200 As Introduced 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. Sec. 124.1310. (A) As used in this section: (1) "Emergency medical service," "EMT-basic," "EMT-I," "first responder," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code. (2) "Volunteer firefighter" has the same meaning as in section 146.01 of the Revised Code. (B) A state employee who is an EMT-basic, EMT-I, first responder, paramedic, or volunteer firefighter shall receive forty one hundred twenty hours of leave with pay each calendar year to use during those hours when the employee is absent from work in order to provide do either of the following: (1) Provide emergency medical service or fire-fighting service; (2) Attend a training or continuing education program that relates to providing emergency medical service or fire-fighting service. (C) An appointing authority shall compensate an employee who uses leave granted under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 5858 5859 5860 5861 5862 5863 5864 5865 5866 5867 5868 5869 5870 5871 5872 5873 5874 5875 H. B. No. 96 Page 201 As Introduced 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 5180.50 of the Revised Code. (B) Each permanent full-time and permanent part-time employee paid in accordance with the schedules created under 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 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. 5876 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902 5903 5904 H. B. No. 96 Page 202 As Introduced 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. 124.142. Twenty-five per cent of the compensation paid under section 124.15 of the Revised Code or the schedules created under section 124.152 of the Revised Code to a person designated as a chaplain or religious services administrator, while serving in a full-time capacity in such position, shall be considered to be a housing allowance. The amount of the housing allowance shall not affect the requirement of section 145.47 of the Revised Code as to the contribution to be made to the employees' savings fund of the public employees retirement system, and the amount of the contributions shall be based on the member's earnable salary, including the housing allowance. Sec. 124.15. (A) Board and commission members appointed prior to July 1, 1991, shall be paid a salary or wage in accordance with the following schedules of rates: Schedule B Pay Ranges and Step Values 1 2 3 4 5 6 A Range Step 1 Step 2 Step 3 Step 4 B 23 Hourly 5.72 5.91 6.10 6.31 C Annually 11897.60 12292.80 12688.00 13124.80 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 H. B. No. 96 Page 203 As Introduced D Step 5 Step 6 E Hourly 6.52 6.75 F Annually 13561.60 14040.00 G Step 1 Step 2 Step 3 Step 4 H 24 Hourly 6.00 6.20 6.41 6.63 I Annually 12480.00 12896.00 13332.80 13790.40 J Step 5 Step 6 K Hourly 6.87 7.10 L Annually 14289.60 14768.00 M Step 1 Step 2 Step 3 Step 4 N 25 Hourly 6.31 6.52 6.75 6.99 O Annually 13124.80 13561.60 14040.00 14539.20 P Step 5 Step 6 Q Hourly 7.23 7.41 R Annually 15038.40 15412.80 S Step 1 Step 2 Step 3 Step 4 T 26 Hourly 6.63 6.87 7.10 7.32 U Annually 13790.40 14289.60 14768.00 15225.60 H. B. No. 96 Page 204 As Introduced V Step 5 Step 6 W Hourly 7.53 7.77 X Annually 15662.40 16161.60 Y Step 1 Step 2 Step 3 Step 4 Z 27 Hourly 6.99 7.23 7.41 7.64 AA Annually 14534.20 15038.40 15412.80 15891.20 AB Step 5 Step 6 Step 7 AC Hourly 7.88 8.15 8.46 AD Annually 16390.40 16952.00 17596.80 AE Step 1 Step 2 Step 3 Step 4 AF 28 Hourly 7.41 7.64 7.88 8.15 AG Annually 15412.80 15891.20 16390.40 16952.00 AH Step 5 Step 6 Step 7 AI Hourly 8.46 8.79 9.15 AJ Annually 17596.80 18283.20 19032.00 AK Step 1 Step 2 Step 3 Step 4 AL 29 Hourly 7.88 8.15 8.46 8.79 AM Annually 16390.40 16952.00 17596.80 18283.20 H. B. No. 96 Page 205 As Introduced AN Step 5 Step 6 Step 7 AO Hourly 9.15 9.58 10.01 AP Annually 19032.00 19926.40 20820.80 AQ Step 1 Step 2 Step 3 Step 4 AR 30 Hourly 8.46 8.79 9.15 9.58 AS Annually 17596.80 18283.20 19032.00 19926.40 AT Step 5 Step 6 Step 7 AU Hourly 10.01 10.46 10.99 AV Annually 20820.80 21756.80 22859.20 AW Step 1 Step 2 Step 3 Step 4 AX 31 Hourly 9.15 9.58 10.01 10.46 AY Annually 19032.00 19962.40 20820.80 21756.80 AZ Step 5 Step 6 Step 7 BA Hourly 10.99 11.52 12.09 BB Annually 22859.20 23961.60 25147.20 BC Step 1 Step 2 Step 3 Step 4 BD 32 Hourly 10.01 10.46 10.99 11.52 BE Annually 20820.80 21756.80 22859.20 23961.60 H. B. No. 96 Page 206 As Introduced BF Step 5 Step 6 Step 7 Step 8 BG Hourly 12.09 12.68 13.29 13.94 BH Annually 25147.20 26374.40 27643.20 28995.20 BI Step 1 Step 2 Step 3 Step 4 BJ 33 Hourly 10.99 11.52 12.09 12.68 BK Annually 22859.20 23961.60 25147.20 26374.40 BL Step 5 Step 6 Step 7 Step 8 BM Hourly 13.29 13.94 14.63 15.35 BN Annually 27643.20 28995.20 30430.40 31928.00 BO Step 1 Step 2 Step 3 Step 4 BP 34 Hourly 12.09 12.68 13.29 13.94 BQ Annually 25147.20 26374.40 27643.20 28995.20 BR Step 5 Step 6 Step 7 Step 8 BS Hourly 14.63 15.35 16.11 16.91 BT Annually 30430.40 31928.00 33508.80 35172.80 BU Step 1 Step 2 Step 3 Step 4 BV 35 Hourly 13.29 13.94 14.63 15.35 BW Annually 27643.20 28995.20 30430.40 31928.00 H. B. No. 96 Page 207 As Introduced BX Step 5 Step 6 Step 7 Step 8 BY Hourly 16.11 16.91 17.73 18.62 BZ Annually 33508.80 35172.80 36878.40 38729.60 CA Step 1 Step 2 Step 3 Step 4 CB 36 Hourly 14.63 15.35 16.11 16.91 CC Annually 30430.40 31928.00 33508.80 35172.80 CD Step 5 Step 6 Step 7 Step 8 CE Hourly 17.73 18.62 19.54 20.51 CF Annually 36878.40 38729.60 40643.20 42660.80 Schedule C Pay Range and Values 1 2 3 4 A Range Minimum Maximum B 41 Hourly 10.44 15.72 C Annually 21715.20 32697.60 D 42 Hourly 11.51 17.35 E Annually 23940.80 36088.00 F 43 Hourly 12.68 19.12 5927 5928 5929 H. B. No. 96 Page 208 As Introduced G Annually 26374.40 39769.60 H 44 Hourly 13.99 20.87 I Annually 29099.20 43409.60 J 45 Hourly 15.44 22.80 K Annually 32115.20 47424.00 L 46 Hourly 17.01 24.90 M Annually 35380.80 51792.00 N 47 Hourly 18.75 27.18 O Annually 39000.00 56534.40 P 48 Hourly 20.67 29.69 Q Annually 42993.60 61755.20 R 49 Hourly 22.80 32.06 S Annually 47424.00 66684.80 (B) The pay schedule of all employees shall be on a biweekly basis, with amounts computed on an hourly basis. (C) Part-time employees shall be compensated on an hourly basis for time worked, at the rates shown in division (A) of this section or in the schedules created under section 124.152 of the Revised Code. (D) The salary and wage rates in division (A) of this section or in the schedules created under section 124.152 of the 5930 5931 5932 5933 5934 5935 5936 5937 H. B. No. 96 Page 209 As Introduced Revised Code represent base rates of compensation and may be augmented by the provisions of section 124.181 of the Revised Code. In those cases where lodging, meals, laundry, or other personal services are furnished an employee in the service of the state, the actual costs or fair market value of the personal services shall be paid by the employee in such amounts and manner as determined by the director of administrative services and approved by the director of budget and management, and those personal services shall not be considered as a part of the employee's compensation. An appointing authority that appoints employees in the service of the state, with the approval of the director of administrative services and the director of budget and management, may establish payments to employees for uniforms, tools, equipment, and other requirements of the department and payments for the maintenance of them. The director of administrative services may review collective bargaining agreements entered into under Chapter 4117. of the Revised Code that cover employees in the service of the state and determine whether certain benefits or payments provided to the employees covered by those agreements should also be provided to employees in the service of the state who are exempt from collective bargaining coverage and are paid in accordance with the schedules created under section 124.152 of the Revised Code or are listed in division (B)(2) or (4) of section 124.14 of the Revised Code. On completing the review, the director of administrative services, with the approval of the director of budget and management, may provide to some or all of these employees any payment or benefit, except for salary, contained in such a collective bargaining agreement even if it is similar to a payment or benefit already provided by law to some or all of these employees. Any payment or benefit so 5938 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966 5967 5968 H. B. No. 96 Page 210 As Introduced provided shall not exceed the highest level for that payment or benefit specified in such a collective bargaining agreement. The director of administrative services shall not provide, and the director of budget and management shall not approve, any payment or benefit to such an employee under this division unless the payment or benefit is provided pursuant to a collective bargaining agreement to a state employee who is in a position with similar duties as, is supervised by, or is employed by the same appointing authority as, the employee to whom the benefit or payment is to be provided. As used in this division, "payment or benefit already provided by law" includes, but is not limited to, bereavement, personal, vacation, administrative, and sick leave, disability benefits, holiday pay, and pay supplements provided under the Revised Code, but does not include wages or salary. (E) New employees paid in accordance with schedule B of division (A) of this section or schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code shall be employed at the minimum rate established for the range unless otherwise provided. Employees with qualifications that are beyond the minimum normally required for the position and that are determined by the director to be exceptional may be employed in, or may be transferred or promoted to, a position at an advanced step of the range. Further, in time of a serious labor market condition when it is relatively impossible to recruit employees at the minimum rate for a particular classification, the entrance rate may be set at an advanced step in the range by the director of administrative services. This rate may be limited to geographical regions of the state. Appointments made to an advanced step under the provision regarding exceptional qualifications shall not affect 5969 5970 5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 H. B. No. 96 Page 211 As Introduced the step assignment of employees already serving. However, anytime the hiring rate of an entire classification is advanced to a higher step, all incumbents of that classification being paid at a step lower than that being used for hiring, shall be advanced beginning at the start of the first pay period thereafter to the new hiring rate, and any time accrued at the lower step will be used to calculate advancement to a succeeding step. If the hiring rate of a classification is increased for only a geographical region of the state, only incumbents who work in that geographical region shall be advanced to a higher step. When an employee in the unclassified service changes from one state position to another or is appointed to a position in the classified service, or if an employee in the classified service is appointed to a position in the unclassified service, the employee's salary or wage in the new position shall be determined in the same manner as if the employee were an employee in the classified service. When an employee in the unclassified service who is not eligible for step increases is appointed to a classification in the classified service under which step increases are provided, future step increases shall be based on the date on which the employee last received a pay increase. If the employee has not received an increase during the previous year, the date of the appointment to the classified service shall be used to determine the employee's annual step advancement eligibility date. In reassigning any employee to a classification resulting in a pay range increase or to a new pay range as a result of a promotion, an increase pay range adjustment, or other classification change resulting in a pay range increase, the director shall assign such employee to the step in the new pay range that will provide an increase of approximately four per cent if the new pay range can accommodate the increase. When an employee is being assigned to a 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 H. B. No. 96 Page 212 As Introduced classification or new pay range as the result of a class plan change, if the employee has completed a probationary period, the employee shall be placed in a step no lower than step two of the new pay range. If the employee has not completed a probationary period, the employee may be placed in step one of the new pay range. Such new salary or wage shall become effective on such date as the director determines. (F) If employment conditions and the urgency of the work require such action, the director of administrative services may, upon the application of a department head, authorize payment at any rate established within the range for the class of work, for work of a casual or intermittent nature or on a project basis. Payment at such rates shall not be made to the same individual for more than three calendar months in any one calendar year. Any such action shall be subject to the approval of the director of budget and management as to the availability of funds. This section and sections 124.14 and 124.152 of the Revised Code do not repeal any authority of any department or public official to contract with or fix the compensation of professional persons who may be employed temporarily for work of a casual nature or for work on a project basis. (G)(1) Except as provided in divisions (G)(2) and (3) of this section, each state employee paid in accordance with schedule B of this section or schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code shall be eligible for advancement to succeeding steps in the range for the employee's class or grade according to the schedule established in this division. Beginning on the first day of the pay period within which the employee completes the prescribed probationary period in the employee's classification with the state, each employee shall receive an 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 H. B. No. 96 Page 213 As Introduced automatic salary adjustment equivalent to the next higher step within the pay range for the employee's class or grade. Except as provided in divisions (G)(2) and (3) of this section, each employee paid in accordance with schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code shall be eligible to advance to the next higher step until the employee reaches the top step in the range for the employee's class or grade, if the employee has maintained satisfactory performance in accordance with criteria established by the employee's appointing authority. Those step advancements shall not occur more frequently than once in any twelve-month period. When an employee is promoted, the step entry date shall be set to account for a probationary period. When an employee is reassigned to a higher pay range, the step entry date shall be set to allow an employee who is not at the highest step of the range to receive a step advancement one year from the reassignment date. Step advancement shall not be affected by demotion. A promoted employee shall advance to the next higher step of the pay range on the first day of the pay period in which the required probationary period is completed. Step advancement shall become effective at the beginning of the pay period within which the employee attains the necessary length of service. Time spent on authorized leave of absence shall be counted for this purpose. If determined to be in the best interest of the state service, the director of administrative services may, either statewide or in selected agencies, adjust the dates on which annual step advancements are received by employees paid in accordance with schedule E-1 created by the director of 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 H. B. No. 96 Page 214 As Introduced administrative services under section 124.152 of the Revised Code. (2)(a) There shall be a moratorium on annual step advancements under division (G)(1) of this section beginning June 21, 2009, through June 20, 2011. Step advancements shall resume with the pay period beginning June 21, 2011. Upon the resumption of step advancements, there shall be no retroactive step advancements for the period the moratorium was in effect. The moratorium shall not affect an employee's performance evaluation schedule. An employee who begins a probationary period before June 21, 2009, shall advance to the next step in the employee's pay range at the end of probation, and then become subject to the moratorium. An employee who is hired, promoted, or reassigned to a higher pay range between June 21, 2009, through June 20, 2011, shall not advance to the next step in the employee's pay range until the next anniversary of the employee's date of hire, promotion, or reassignment that occurs on or after June 21, 2011. (b) The moratorium under division (G)(2)(a) of this section shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2009. (3) Employees in intermittent positions shall be employed at the minimum rate established for the pay range for their classification and are not eligible for step advancements. 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 H. B. No. 96 Page 215 As Introduced (H) Employees in appointive managerial or professional positions paid in accordance with schedule C of this section or schedule E-2 created by the director of administrative services under section 124.152 of the Revised Code may be appointed at any rate within the appropriate pay range. This rate of pay may be adjusted higher or lower within the respective pay range at any time the appointing authority so desires as long as the adjustment is based on the employee's ability to successfully administer those duties assigned to the employee. Salary adjustments shall not be made more frequently than once in any six-month period under this provision to incumbents holding the same position and classification. (I) When an employee is assigned to duty outside this state, the employee may be compensated, upon request of the department head and with the approval of the director of administrative services, at a rate not to exceed fifty per cent in excess of the employee's current base rate for the period of time spent on that duty. (J) Unless compensation for members of a board or commission is otherwise specifically provided by law, the director of administrative services shall establish the rate and method of payment for members of boards and commissions pursuant to the pay schedules listed in created under section 124.152 of the Revised Code. (K) Regular full-time employees in positions assigned to classes within the instruction and education administration series under the job classification plans of the director of administrative services, except certificated employees on the instructional staff of Ohio deaf and blind education services, whose positions are scheduled to work on the basis of an 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 H. B. No. 96 Page 216 As Introduced academic year rather than a full calendar year, shall be paid according to the pay range assigned by the applicable job classification plan, but only during those pay periods included in the academic year of the school where the employee is located. (1) Part-time or substitute teachers or those whose period of employment is other than the full academic year shall be compensated for the actual time worked at the rate established by this section. (2) Employees governed by this division are exempt from sections 124.13 and 124.19 of the Revised Code. (3) Length of service for the purpose of determining eligibility for step advancements as provided by division (G) of this section and for the purpose of determining eligibility for longevity pay supplements as provided by division (E) of section 124.181 of the Revised Code shall be computed on the basis of one full year of service for the completion of each academic year. (L) The superintendent of Ohio deaf and blind education services shall, subject to the approval of the director of education and workforce, carry out both of the following: (1) Annually, between the first day of April and the last day of June, establish for the ensuing fiscal year a schedule of hourly rates for the compensation of each certificated employee on the instructional staff of Ohio deaf and blind education services constructed as follows: (a) Determine for each level of training, experience, and other professional qualification for which an hourly rate is set forth in the current schedule, the per cent that rate is of the 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178 6179 6180 6181 H. B. No. 96 Page 217 As Introduced rate set forth in such schedule for a teacher with a bachelor's degree and no experience. If there is more than one such rate for such a teacher, the lowest rate shall be used to make the computation. (b) Determine which six city, local, and exempted village school districts with territory in Franklin county have in effect on, or have adopted by, the first day of April for the school year that begins on the ensuing first day of July, teacher salary schedules with the highest minimum salaries for a teacher with a bachelor's degree and no experience; (c) Divide the sum of such six highest minimum salaries by ten thousand five hundred sixty; (d) Multiply each per cent determined in division (L)(1) (a) of this section by the quotient obtained in division (L)(1) (c) of this section; (e) One hundred five per cent of each product thus obtained shall be the hourly rate for the corresponding level of training, experience, or other professional qualification in the schedule for the ensuing fiscal year. (2) Annually, assign each certificated employee on the instructional staff of Ohio deaf and blind education services to an hourly rate on the schedule that is commensurate with the employee's training, experience, and other professional qualifications. If an employee is employed on the basis of an academic year, the employee's annual salary shall be calculated by multiplying the employee's assigned hourly rate times one thousand seven hundred sixty. If an employee is not employed on the basis of an academic year, the employee's annual salary 6182 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 H. B. No. 96 Page 218 As Introduced shall be calculated in accordance with the following formula: (a) Multiply the number of days the employee is required to work pursuant to the employee's contract by eight; (b) Multiply the product of division (L)(2)(a) of this section by the employee's assigned hourly rate. Each employee shall be paid an annual salary in biweekly installments. The amount of each installment shall be calculated by dividing the employee's annual salary by the number of biweekly installments to be paid during the year. Sections 124.13 and 124.19 of the Revised Code do not apply to an employee who is paid under this division. As used in this division, "academic year" means the number of days in each school year that the state school for the deaf and the state school for the blind are required to be open for instruction with pupils in attendance. Upon completing an academic year, an employee paid under this division shall be deemed to have completed one year of service. An employee paid under this division is eligible to receive a pay supplement under division (L)(1), (2), or (3) of section 124.181 of the Revised Code for which the employee qualifies, but is not eligible to receive a pay supplement under division (L)(4) or (5) of that section. An employee paid under this division is eligible to receive a pay supplement under division (L)(6) of section 124.181 of the Revised Code for which the employee qualifies, except that the supplement is not limited to a maximum of five per cent of the employee's regular base salary in a calendar year. (M) Division (A) of this section does not apply to "exempt employees," as defined in section 124.152 of the Revised Code, 6211 6212 6213 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235 6236 6237 6238 6239 H. B. No. 96 Page 219 As Introduced who are paid under that section. Notwithstanding any other provisions of this chapter, when an employee transfers between bargaining units or transfers out of or into a bargaining unit, the director of administrative services shall establish the employee's compensation and adjust the maximum leave accrual schedule as the director deems equitable. 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 created in accordance with 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 created in accordance with 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, 2021: Schedule E-1 1 2 3 4 5 6 7 8 9 10 A Pay Ranges and Step Values B C Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 6240 6241 6242 6243 6244 6245 6246 6247 6248 6249 6250 6251 6252 6253 6254 6255 6256 6257 6258 6259 6260 6261 H. B. No. 96 Page 220 As Introduced D Range 1 2 3 4 5 6 7 8 9 10 A 1 Hourly 12.14 12.69 13.21 13.80 B Annually 25251 26395 27476 28704 C 2 Hourly 14.73 15.36 16.01 16.72 D Annually 30638 31948 33300 34777 E 3 Hourly 15.44 16.13 16.84 17.56 F Annually 32115 33550 35027 36524 G 4 Hourly 16.20 16.93 17.75 18.51 H Annually 33696 35214 36920 38500 I 5 Hourly 17.00 17.78 18.51 19.33 J Annually 35360 36982 38500 40206 K 6 Hourly 17.91 18.66 19.47 20.27 L Annually 37252 38812 40497 42161 M 7 Hourly 19.01 19.72 20.54 21.25 22.07 N Annually 39540 41017 42723 44200 45905 O 8 Hourly 20.11 21.00 21.90 22.89 23.97 P Annually 41828 43680 45552 47611 49857 6262 H. B. No. 96 Page 221 As Introduced Q 9 Hourly 21.45 22.56 23.67 24.85 26.11 R Annually 44616 46924 49233 51688 54308 S 10 Hourly 23.13 24.41 25.72 27.20 28.64 T Annually 48110 50772 53497 56576 59571 U 11 Hourly 25.20 26.66 28.20 29.80 31.49 V Annually 52416 55452 58656 61984 65499 W 12 Hourly 27.80 29.36 30.93 32.64 34.46 36.34 37.82 39.60 X Annually 57824 61068 64334 67891 71676 75587 78665 82368 Y 13 Hourly 30.64 32.32 34.09 35.92 37.95 39.99 41.63 43.59 Z Annually 63731 67225 70907 74713 78936 83179 86590 90667 AA 14 Hourly 33.69 35.61 37.52 39.56 41.80 44.13 45.95 48.10 AB Annually 70075 74068 78041 82284 86944 91790 95576 100048 AC 15 Hourly 37.02 39.10 41.30 43.57 45.99 48.51 50.50 52.88 AD Annually 77001 81328 85904 90625 95659 100900 105040 109990 AE 16 Hourly 40.81 43.08 45.45 48.00 50.63 53.53 55.73 58.34 AF Annually 84884 89606 94536 99840 105310 111342 115918 121347 AG 17 Hourly 44.96 47.44 50.10 52.86 55.83 58.94 AH Annually 93516 98675 104208 109948 116126 122595 H. B. No. 96 Page 222 As Introduced AI 18 Hourly 49.55 52.29 55.24 58.28 61.50 64.94 AJ Annually 103064 108763 114899 121222 127920 135075 Schedule E-2 1 2 3 4 A Range Minimum Maximum B 41 Hourly 16.23 48.99 C Annually 33758 101899 D 42 Hourly 17.89 54.09 E Annually 37211 112507 F 43 Hourly 19.70 59.56 G Annually 40976 123884 H 44 Hourly 21.73 65.08 I Annually 45198 135366 J 45 Hourly 24.01 71.05 K Annually 49941 147784 L 46 Hourly 26.43 77.65 M Annually 54974 161512 N 47 Hourly 29.14 84.75 6263 6264 H. B. No. 96 Page 223 As Introduced O Annually 60611 176280 P 48 Hourly 32.14 92.45 Q Annually 66851 192296 R 49 Hourly 35.44 99.83 S Annually 73715 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, 2022: Schedule E-1 1 2 3 4 5 6 7 8 9 10 A Pay Ranges and Step Values B Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 C Range 1 2 3 4 5 6 7 8 9 10 A 1 Hourly 12.50 13.07 13.61 14.21 B Annually 26000 27185 28308 29556 C 2 Hourly 15.17 15.82 16.49 17.22 D Annually 31553 32905 34299 35817 6265 6266 6267 6268 6269 6270 6271 H. B. No. 96 Page 224 As Introduced E 3 Hourly 15.90 16.61 17.35 18.09 F Annually 33072 34548 36088 37627 G 4 Hourly 16.69 17.44 18.28 19.07 H Annually 34715 36275 38022 39665 I 5 Hourly 17.51 18.31 19.07 19.91 J Annually 36420 38084 39665 41412 K 6 Hourly 18.45 19.22 20.05 20.88 L Annually 38376 39977 41704 43430 M 7 Hourly 19.58 20.31 21.16 21.89 22.73 N Annually 40726 42244 44012 45531 47278 O 8 Hourly 20.71 21.63 22.56 23.58 24.69 P Annually 43076 44990 46924 49046 51355 Q 9 Hourly 22.09 23.24 24.38 25.60 26.89 R Annually 45947 48339 50710 53248 55931 S 10 Hourly 23.82 25.14 26.49 28.02 29.50 T Annually 49545 52291 55099 58281 61360 U 11 Hourly 25.96 27.46 29.05 30.69 32.43 V Annually 53996 57116 60424 63835 67454 H. B. No. 96 Page 225 As Introduced W 12 Hourly 28.63 30.24 31.86 33.62 35.49 37.43 38.95 40.79 X Annually 59550 62889 66268 69929 73819 77854 81016 84843 Y 13 Hourly 31.56 33.29 35.11 37.00 39.09 41.19 42.88 44.90 Z Annually 65644 69243 73028 76960 81307 85675 89190 93392 AA 14 Hourly 34.70 36.68 38.65 40.75 43.05 45.45 47.33 49.54 AB Annually 72176 76294 80392 84760 89544 94536 98446 103043 AC 15 Hourly 38.13 40.27 42.54 44.88 47.37 49.97 52.02 54.47 AD Annually 79310 83761 88483 93350 98529 103937 108201 113297 AE 16 Hourly 42.03 44.37 46.81 49.44 52.15 55.14 57.40 60.09 AF Annually 87422 92289 97364 102835 108472 114691 119392 124987 AG 17 Hourly 46.31 48.86 51.60 54.45 57.50 60.71 AH Annually 96324 101628 107328 113256 119600 126276 AI 18 Hourly 51.04 53.86 56.90 60.03 63.35 66.89 AJ Annually 106163 112028 118352 124862 131768 139131 Schedule E-2 1 2 3 4 A Range Minimum Maximum B 41 Hourly 16.23 50.46 6272 6273 H. B. No. 96 Page 226 As Introduced C Annually 33758 104956 D 42 Hourly 17.89 55.71 E Annually 37211 115876 F 43 Hourly 19.70 61.35 G Annually 40976 127608 H 44 Hourly 21.73 67.03 I Annually 45198 139422 J 45 Hourly 24.01 73.18 K Annually 49941 152214 L 46 Hourly 26.43 79.98 M Annually 54974 166358 N 47 Hourly 29.14 87.29 O Annually 60611 181563 P 48 Hourly 32.14 95.22 Q Annually 66851 198057 R 49 Hourly 35.44 102.82 S Annually 73715 213865 (3) Each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid 6274 6275 H. B. No. 96 Page 227 As Introduced a salary or wage in accordance with the following schedule of rates as of the pay period that includes July 1, 2023: Schedule E-1 1 2 3 4 5 6 7 8 9 10 A Pay Ranges and Step Values B Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 C Range D 1 Hourly 12.88 13.46 14.02 14.64 E Annually 26790 27996 29161 30451 F 2 Hourly 15.63 16.29 16.98 17.74 G Annually 32510 33883 35318 36899 H 3 Hourly 16.38 17.11 17.87 18.63 I Annually 34070 35588 37169 38750 J 4 Hourly 17.19 17.96 18.83 19.64 K Annually 35755 37356 39166 40851 L 5 Hourly 18.04 18.86 19.64 20.51 M Annually 37523 39228 40851 42660 N 6 Hourly 19.00 19.80 20.65 21.51 O Annually 39520 41184 42952 44740 6276 6277 6278 6279 H. B. No. 96 Page 228 As Introduced P 7 Hourly 20.17 20.92 21.79 22.55 23.41 Q Annually 41953 43513 45323 46904 48692 R 8 Hourly 21.33 22.28 23.24 24.29 25.43 S Annually 44366 46342 48339 50523 52894 T 9 Hourly 22.75 23.94 25.11 26.37 27.70 U Annually 47320 49795 52228 54849 57616 V 10 Hourly 24.53 25.89 27.28 28.86 30.39 W Annually 51022 53851 56742 60028 63211 X 11 Hourly 26.74 28.28 29.92 31.61 33.40 Y Annually 55619 58822 62233 65748 69472 Z 12 Hourly 29.49 31.15 32.82 34.63 36.55 38.55 40.12 42.01 AA Annually 61339 64792 68265 72030 76024 80184 83449 87380 AB 13 Hourly 32.51 34.29 36.16 38.11 40.26 42.43 44.17 46.25 AC Annually 67620 71323 75212 79268 83740 88254 91873 96200 AD 14 Hourly 35.74 37.78 39.81 41.97 44.34 46.81 48.75 51.03 AE Annually 74339 78582 82804 87297 92227 97364 101400 106142 AF 15 Hourly 39.27 41.48 43.82 46.23 48.79 51.47 53.58 56.10 AG Annually 81681 86278 91145 96158 101483 107057 111446 116688 H. B. No. 96 Page 229 As Introduced AH 16 Hourly 43.29 45.70 48.21 50.92 53.71 56.79 59.12 61.89 AI Annually 90043 95056 100276 105913 111716 118123 122969 128731 AJ 17 Hourly 47.70 50.33 53.15 56.08 59.23 62.53 65.97 AK Annually 99216 104686 110552 116646 123198 130062 137217 AL 18 Hourly 52.57 55.48 58.61 61.83 65.25 68.90 AM Annually 109345 115398 121908 128606 135720 143312 AN 19 Hourly 57.83 61.03 64.47 68.01 71.78 75.79 AO Annually 120286 126942 134097 141460 149302 157643 Schedule E-2 1 2 3 4 A Range Minimum Maximum B 41 Hourly 16.23 51.97 C Annually 33758 108097 D 42 Hourly 17.89 57.38 E Annually 37211 119350 F 43 Hourly 19.70 63.19 G Annually 40976 131435 H 44 Hourly 21.73 69.04 6280 6281 H. B. No. 96 Page 230 As Introduced I Annually 45198 143603 J 45 Hourly 24.01 75.38 K Annually 49941 156790 L 46 Hourly 26.43 82.38 M Annually 54974 171350 N 47 Hourly 29.14 89.91 O Annually 60611 187012 P 48 Hourly 32.14 98.08 Q Annually 66851 204006 R 49 Hourly 35.44 105.90 S Annually 73715 220272 (B) As soon as possible after the effective date of this amendment, the director of administrative services, in consultation with the director of budget and management, shall create pay schedules E-1 and E-2. In the schedules, the director of administrative services shall create pay ranges and assign an hourly wage, annual salary, or both to each value within a pay range. The director shall report the schedules to the controlling board and publish the schedules. The director of administrative services, in consultation with the director of budget and management, may periodically revise pay schedules E-1 and E-2. The director of administrative services shall report revisions to the controlling board and 6282 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292 6293 H. B. No. 96 Page 231 As Introduced publish the revised schedules. The director of administrative services shall assign each classification identified in the job classification plan established under division (A) of section 124.14 of the Revised Code to a pay range in pay schedules E-1 or E-2 created under this section. (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 created by the director of administrative services under 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 created by the director under this section. (D) Notwithstanding any division of this section to the contrary, or division (E) or (G) of section 124.15 of the Revised Code with respect to requirements for step placement and advancement, no exempt employee other than a captain or equivalent officer in the state highway patrol shall be placed 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320 6321 6322 H. B. No. 96 Page 232 As Introduced in step value 7 in range 17 of schedule E-1 of division (B)(3) of this section. Sec. 124.17. The director of administrative services may institute an employee awards system designed to encourage all state employees to submit suggestions that will reduce the costs, or improve the quality, of state services. Employee awards granted under the system may be either monetary or nonmonetary. The director shall provide, by rule, reasonable standards for determining the amount, not to exceed five thousand dollars per employee, of any cash award, and for determining the value of any nonmonetary award, that may be given for a suggestion. The department of administrative services shall review each adopted suggestion and determine the amount or type of award, if any, to be given. In addition to the employees award system, the director may establish a program for the recognition of exemplary performance of employees paid in accordance with the schedules created under section 124.152 of the Revised Code and those employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code. The program may include, but is not limited to, cash awards, additional leave, or other provisions as the director considers appropriate, and the director shall adopt rules in accordance with Chapter 119. of the Revised Code to provide for the administration of the program. Sec. 124.181. (A) Except as provided in divisions (M) and (P) of this section, any employee paid in accordance with schedule B of section 124.15 of the Revised Code or schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code is eligible for the pay supplements provided in this section upon application by the appointing 6323 6324 6325 6326 6327 6328 6329 6330 6331 6332 6333 6334 6335 6336 6337 6338 6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 H. B. No. 96 Page 233 As Introduced authority substantiating the employee's qualifications for the supplement and with the approval of the director of administrative services except as provided in division (E) of this section. (B)(1) In computing any of the pay supplements provided in this section for an employee paid in accordance with schedule B of section 124.15 of the Revised Code, the classification salary base shall be the minimum hourly rate of the pay range, provided in that section, in which the employee is assigned at the time of computation. (2) In computing any of the pay supplements provided in this section for an employee paid in accordance with schedule E- 1 created by the director of administrative services under section 124.152 of the Revised Code, the classification salary base shall be the minimum hourly rate of the pay range, provided in that sectionthe schedule, in which the employee is assigned at the time of computation. (C) The Unless otherwise provided in this section, the effective date of any pay supplement, except as provided in section 124.183 of the Revised Code or unless otherwise provided in this section, shall be determined by the director. (D) The director shall, by rule, establish standards regarding the administration of this section. (E)(1) Except as otherwise provided in this division, beginning on the first day of the pay period within which the employee completes five years of total service with the state government or any of its political subdivisions, each employee in positions paid in accordance with schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 6353 6354 6355 6356 6357 6358 6359 6360 6361 6362 6363 6364 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 6381 H. B. No. 96 Page 234 As Introduced created by the director of administrative services under section 124.152 of the Revised Code shall receive an automatic salary adjustment equivalent to two and one-half per cent of the classification salary base, to the nearest whole cent. Each employee shall receive thereafter an annual adjustment equivalent to one-half of one per cent of the employee's classification salary base, to the nearest whole cent, for each additional year of qualified employment until a maximum of ten per cent of the employee's classification salary base is reached. The granting of longevity adjustments shall not be affected by promotion, demotion, or other changes in classification held by the employee, nor by any change in pay range for the employee's class or grade. Longevity pay adjustments shall become effective at the beginning of the pay period within which the employee completes the necessary length of service, except that when an employee requests credit for prior service, the effective date of the prior service credit and of any longevity adjustment shall be the first day of the pay period following approval of the credit by the director of administrative services. No employee, other than an employee who submits proof of prior service within ninety days after the date of the employee's hiring, shall receive any longevity adjustment for the period prior to the director's approval of a prior service credit. Time spent on authorized leave of absence shall be counted for this purpose. (2) An employee who has retired in accordance with the provisions of any retirement system offered by the state and who is employed by the state or any political subdivision of the state on or after June 24, 1987, shall not have prior service with the state or any political subdivision of the state counted for the purpose of determining the amount of the salary 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411 6412 H. B. No. 96 Page 235 As Introduced adjustment provided under this division. (3) There shall be a moratorium on employees' receipt under this division of credit for service with the state government or any of its political subdivisions during the period from July 1, 2003, through June 30, 2005. In calculating the number of years of total service under this division, no credit shall be included for service during the moratorium. The moratorium shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003. If an employee is exempt from the moratorium, receives credit for a period of service during the moratorium, and takes a position with another entity in the state government or any of its political subdivisions, either during or after the moratorium, and if that entity's employees are or were subject to the moratorium, the employee shall continue to retain the credit. However, if the moratorium is in effect upon the taking of the new position, the employee shall cease receiving additional credit as long as the employee is in the position, until the moratorium expires. (F) When an exceptional condition exists that creates a temporary or a permanent hazard for one or more positions in a class paid in accordance with schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code, a special hazard salary adjustment may be 6413 6414 6415 6416 6417 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 6435 6436 6437 6438 6439 6440 6441 6442 H. B. No. 96 Page 236 As Introduced granted for the time the employee is subjected to the hazardous condition. All special hazard conditions shall be identified for each position and incidence from information submitted to the director on an appropriate form provided by the director and categorized into standard conditions of: some unusual hazard not common to the class; considerable unusual hazard not common to the class; and exceptional hazard not common to the class. (1) A hazardous salary adjustment of five per cent of the employee's classification salary base may be applied in the case of some unusual hazardous condition not common to the class for those hours worked, or a fraction of those hours worked, while the employee was subject to the unusual hazard condition. (2) A hazardous salary adjustment of seven and one-half per cent of the employee's classification salary base may be applied in the case of some considerable hazardous condition not common to the class for those hours worked, or a fraction of those hours worked, while the employee was subject to the considerable hazard condition. (3) A hazardous salary adjustment of ten per cent of the employee's classification salary base may be applied in the case of some exceptional hazardous condition not common to the class for those hours worked, or a fraction of those hours worked, when the employee was subject to the exceptional hazard condition. (4) Each claim for temporary hazard pay shall be submitted as a separate payment and shall be subject to an administrative audit by the director as to the extent and duration of the employee's exposure to the hazardous condition. (G) When a full-time employee whose salary or wage is paid 6443 6444 6445 6446 6447 6448 6449 6450 6451 6452 6453 6454 6455 6456 6457 6458 6459 6460 6461 6462 6463 6464 6465 6466 6467 6468 6469 6470 6471 H. B. No. 96 Page 237 As Introduced directly by warrant of the director of budget and management and who also is eligible for overtime under the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered by the appointing authority to report back to work after termination of the employee's regular work schedule and the employee reports, the employee shall be paid for such time. The employee shall be entitled to four hours at the employee's total rate of pay or overtime compensation for the actual hours worked, whichever is greater. This division does not apply to work that is a continuation of or immediately preceding an employee's regular work schedule. (H) When a certain position or positions paid in accordance with schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code require the ability to speak or write a language other than English, a special pay supplement may be granted to attract bilingual individuals, to encourage present employees to become proficient in other languages, or to retain qualified bilingual employees. The bilingual pay supplement provided in this division may be granted in the amount of five per cent of the employee's classification salary base for each required foreign language and shall remain in effect as long as the bilingual requirement exists. (I) The director of administrative services may establish a shift differential for employees. The differential shall be paid to employees in positions working in other than the regular or first shift. In those divisions or agencies where only one shift prevails, no shift differential shall be paid regardless of the hours of the day that are worked. The director and the appointing authority shall designate which positions shall be 6472 6473 6474 6475 6476 6477 6478 6479 6480 6481 6482 6483 6484 6485 6486 6487 6488 6489 6490 6491 6492 6493 6494 6495 6496 6497 6498 6499 6500 6501 6502 H. B. No. 96 Page 238 As Introduced covered by this division. (J) An appointing authority may assign an employee to work in a higher level position for a continuous period of more than two weeks but no more than two years. The employee's pay shall be established at a rate that is approximately four per cent above the employee's current base rate for the period the employee occupies the position, provided that this temporary assignment is approved by the director. Employees paid under this division shall continue to receive any of the pay supplements due them under other divisions of this section based on the step one base rate for their normal classification. (K) If a certain position, or positions, within a class paid in accordance with schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code are mandated by state or federal law or regulation or other regulatory agency or other certification authority to have special technical certification, registration, or licensing to perform the functions which are under the mandate, a special professional achievement pay supplement may be granted. This special professional achievement pay supplement shall not be granted when all incumbents in all positions in a class require a license as provided in the classification description published by the department of administrative services; to licensees where no special or extensive training is required; when certification is granted upon completion of a stipulated term of in-service training; when an appointing authority has required certification; or any other condition prescribed by the director. (1) Before this supplement may be applied, evidence as to 6503 6504 6505 6506 6507 6508 6509 6510 6511 6512 6513 6514 6515 6516 6517 6518 6519 6520 6521 6522 6523 6524 6525 6526 6527 6528 6529 6530 6531 6532 H. B. No. 96 Page 239 As Introduced the requirement must be provided by the agency for each position involved, and certification must be received from the director as to the director's concurrence for each of the positions so affected. (2) The professional achievement pay supplement provided in this division shall be granted in an amount up to ten per cent of the employee's classification salary base and shall remain in effect as long as the mandate exists. (L) Those employees assigned to teaching supervisory, principal, assistant principal, or superintendent positions who have attained a higher educational level than a basic bachelor's degree may receive an educational pay supplement to remain in effect as long as the employee's assignment and classification remain the same. (1) An educational pay supplement of two and one-half per cent of the employee's classification salary base may be applied upon the achievement of a bachelor's degree plus twenty quarter hours of postgraduate work. (2) An educational pay supplement of an additional five per cent of the employee's classification salary base may be applied upon achievement of a master's degree. (3) An educational pay supplement of an additional two and one-half per cent of the employee's classification salary base may be applied upon achievement of a master's degree plus thirty quarter hours of postgraduate work. (4) An educational pay supplement of five per cent of the employee's classification salary base may be applied when the employee is performing as a master teacher. (5) An educational pay supplement of five per cent of the 6533 6534 6535 6536 6537 6538 6539 6540 6541 6542 6543 6544 6545 6546 6547 6548 6549 6550 6551 6552 6553 6554 6555 6556 6557 6558 6559 6560 6561 H. B. No. 96 Page 240 As Introduced employee's classification salary base may be applied when the employee is performing as a special education teacher. (6) Those employees in teaching supervisory, principal, assistant principal, or superintendent positions who are responsible for specific extracurricular activity programs shall receive overtime pay for those hours worked in excess of their normal schedule, at their straight time hourly rate up to a maximum of five per cent of their regular base salary in any calendar year. (M)(1) A state agency, board, or commission may establish a supplementary compensation schedule for those licensed physicians employed by the agency, board, or commission in positions requiring a licensed physician. The supplementary compensation schedule, together with the compensation otherwise authorized by this chapter, shall provide for the total compensation for these employees to range appropriately, but not necessarily uniformly, for each classification title requiring a licensed physician, in accordance with a schedule approved by the state controlling board. The individual salary levels recommended for each such physician employed shall be approved by the director. Notwithstanding section 124.11 of the Revised Code, such personnel are in the unclassified civil service. (2) The director of administrative services may approve supplementary compensation for the director of health, if the director is a licensed physician, in accordance with a supplementary compensation schedule approved under division (M) (1) of this section or in accordance with another supplementary compensation schedule the director of administrative services considers appropriate. The supplementary compensation shall not exceed twenty per cent of the director of health's base rate of 6562 6563 6564 6565 6566 6567 6568 6569 6570 6571 6572 6573 6574 6575 6576 6577 6578 6579 6580 6581 6582 6583 6584 6585 6586 6587 6588 6589 6590 6591 H. B. No. 96 Page 241 As Introduced pay. (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 117.42, and 131.02 of the Revised Code, the state shall not institute any civil action to recover and shall not seek reimbursement for overpayments made in violation of division (E) of this section or division (C) of section 9.44 of the Revised Code for the period starting after June 24, 1987, and ending on October 31, 1993. (O) Employees of the office of the treasurer of state who are exempt from collective bargaining coverage may be granted a merit pay supplement of up to one and one-half per cent of their step rate. The rate at which this supplement is granted shall be based on performance standards established by the treasurer of state. Any supplements granted under this division shall be administered on an annual basis. (P) Intermittent employees appointed under section 124.30 of the Revised Code are not eligible for the pay supplements provided by this section. Sec. 124.382. (A) As used in this section and sections 124.383, 124.386, 124.387, and 124.388 of the Revised Code: (1) "Pay period" means the fourteen-day period of time during which the payroll is accumulated, as determined by the director of administrative services. (2) "Active pay status" means the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave, sick leave, personal leave, bereavement leave, and administrative leave. (3) "No pay status" means the conditions under which an employee is ineligible to receive pay and includes, but is not 6592 6593 6594 6595 6596 6597 6598 6599 6600 6601 6602 6603 6604 6605 6606 6607 6608 6609 6610 6611 6612 6613 6614 6615 6616 6617 6618 6619 6620 H. B. No. 96 Page 242 As Introduced limited to, leave without pay, leave of absence, and disability leave. (4) "Disability leave" means the leave granted pursuant to section 124.385 of the Revised Code. (5) "Full-time permanent employee" means an employee whose regular hours of duty total eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time. (6) "Base rate of pay" means the rate of pay established under schedule B or C of section 124.15 of the Revised Code or under schedule E-1 or schedule E-2 created by the director of administrative services under section 124.152 of the Revised Code, plus any supplement provided under section 124.181 of the Revised Code, plus any supplements enacted into law which are added to schedule B or C of section 124.15 of the Revised Code or to schedule E-1 or schedule E-2 created by the director of administrative services under section 124.152 of the Revised Code. (7) "Part-time permanent employee" means an employee whose regular hours of duty total less than eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time. (B) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management shall be credited with sick leave of three and one-tenth hours for each completed eighty hours of service, excluding overtime hours worked. Sick leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning 6621 6622 6623 6624 6625 6626 6627 6628 6629 6630 6631 6632 6633 6634 6635 6636 6637 6638 6639 6640 6641 6642 6643 6644 6645 6646 6647 6648 6649 H. B. No. 96 Page 243 As Introduced statement is available to the employee. (C) Any sick leave credit provided pursuant to division (B) of this section, remaining as of the last day of the pay period preceding the first paycheck the employee receives in December, shall be converted pursuant to section 124.383 of the Revised Code. (D) Employees may use sick leave, provided a credit balance is available, upon approval of the responsible administrative officer of the employing unit, for absence due to personal illness, pregnancy, injury, exposure to contagious disease that could be communicated to other employees, and illness, injury, or death in the employee's immediate family. When sick leave is used, it shall be deducted from the employee's credit on the basis of absence from previously scheduled work in such increments of an hour and at such a compensation rate as the director of administrative services determines. The appointing authority of each employing unit may require an employee to furnish a satisfactory, signed statement to justify the use of sick leave. If, after having utilized the credit provided by this section, an employee utilizes sick leave that was accumulated prior to November 15, 1981, compensation for such sick leave used shall be at a rate as the director determines. (E)(1) The previously accumulated sick leave balance of an employee who has been separated from the public service, for which separation payments pursuant to section 124.384 of the Revised Code have not been made, shall be placed to the employee's credit upon the employee's reemployment in the public service, if the reemployment takes place within ten years of the date on which the employee was last terminated from public 6650 6651 6652 6653 6654 6655 6656 6657 6658 6659 6660 6661 6662 6663 6664 6665 6666 6667 6668 6669 6670 6671 6672 6673 6674 6675 6676 6677 6678 6679 H. B. No. 96 Page 244 As Introduced service. (2) The previously accumulated sick leave balance of an employee who has separated from a school district shall be placed to the employee's credit upon the employee's appointment as an unclassified employee of the state department of education and workforce, if all of the following apply: (a) The employee accumulated the sick leave balance while employed by the school district. (b) The employee did not receive any separation payments for the sick leave balance. (c) The employee's employment with the department takes place within ten years after the date on which the employee separated from the school district. (F) An employee who transfers from one public agency to another shall be credited with the unused balance of the employee's accumulated sick leave. (G) The director of administrative services shall establish procedures to uniformly administer this section. No sick leave may be granted to a state employee upon or after the employee's retirement or termination of employment. (H) As used in this division, "active payroll" means conditions under which an employee is in active pay status or eligible to receive pay for an approved leave of absence, including, but not limited to, occupational injury leave, disability leave, or workers' compensation. (1) Employees who are in active payroll status on June 18, 2011, shall receive a one-time credit of additional sick leave in the pay period that begins on July 1, 2011. Full-time 6680 6681 6682 6683 6684 6685 6686 6687 6688 6689 6690 6691 6692 6693 6694 6695 6696 6697 6698 6699 6700 6701 6702 6703 6704 6705 6706 6707 H. B. No. 96 Page 245 As Introduced employees shall receive the lesser of either a one-time credit of thirty-two hours of additional sick leave or a one-time credit of additional sick leave equivalent to half the hours of personal leave the employee lost during the moratorium established under either division (A) of section 124.386 of the Revised Code or pursuant to a rule of the director of administrative services. Part-time employees shall receive a one-time credit of sixteen hours of additional sick leave. (2) Employees who are not in active payroll status due to military leave or an absence taken in accordance with the federal "Family and Medical Leave Act" are eligible to receive the one-time additional sick leave credit. (3) The one-time additional sick leave credit does not apply to employees of the supreme court, general assembly, legislative service commission, secretary of state, auditor of state, treasurer of state, or attorney general unless the supreme court, general assembly, legislative service commission, secretary of state, auditor of state, treasurer of state, or attorney general participated in the moratorium under division (H) or (I) of section 124.386 of the Revised Code and notifies in writing the director of administrative services on or before June 1, 2011, of the decision to participate in the one-time additional sick leave credit. Written notice under this division shall be signed by the appointing authority for employees of the supreme court, general assembly, or legislative service commission, as the case may be. Sec. 124.384. (A) Except as otherwise provided in this section, employees whose salaries or wages are paid by warrant of the director of budget and management and who have accumulated sick leave under section 124.38 or 124.382 of the 6708 6709 6710 6711 6712 6713 6714 6715 6716 6717 6718 6719 6720 6721 6722 6723 6724 6725 6726 6727 6728 6729 6730 6731 6732 6733 6734 6735 6736 6737 H. B. No. 96 Page 246 As Introduced Revised Code shall be paid for a percentage of their accumulated balances, upon separation for any reason, including death but excluding retirement, at their last base rate of pay at the rate of one hour of pay for every two hours of accumulated balances. An employee who retires in accordance with any retirement plan offered by the state shall be paid upon retirement for each hour of the employee's accumulated sick leave balance at a rate of fifty-five per cent of the employee's last base rate of pay. An employee serving in a temporary work level who elects to convert unused sick leave to cash shall do so at the base rate of pay of the employee's normal classification. If an employee dies, the employee's unused sick leave shall be paid in accordance with section 2113.04 of the Revised Code or to the employee's estate. In order to be eligible for the payment authorized by this section, an employee shall have at least one year of state service and shall request all or a portion of that payment no later than three years after separation from state service. No person is eligible to receive all or a portion of the payment authorized by this section at any time later than three years after the person's separation from state service. (B) A person initially employed on or after July 5, 1987, by a state agency in which the employees' salaries or wages are paid directly by warrant of the director of budget and management shall receive payment under this section only for sick leave accumulated while employed by state agencies in which the employees' salaries or wages are paid directly by warrant of the director of budget and management. Additionally, a person initially employed on or after July 5, 1987, but before October 1, 2017, by the state department of education and workforce as 6738 6739 6740 6741 6742 6743 6744 6745 6746 6747 6748 6749 6750 6751 6752 6753 6754 6755 6756 6757 6758 6759 6760 6761 6762 6763 6764 6765 6766 6767 H. B. No. 96 Page 247 As Introduced an unclassified employee shall receive payment under this section for sick leave placed to the employee's credit under division (E)(2) of section 124.382 of the Revised Code. (C) For employees paid in accordance with the schedules created under section 124.152 of the Revised Code and those employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code, the director of administrative services, with the approval of the director of budget and management, may establish a plan for early payment of accrued sick leave and vacation leave. Sec. 124.385. (A) An employee is eligible for disability leave benefits under this section if the employee has completed one year of continuous state service immediately prior to the date of the disability and if any of the following applies: (1) The employee is a full-time permanent employee and is eligible for sick leave credit pursuant to division (B) of section 124.382 of the Revised Code or is entitled to disability benefits under a collective bargaining agreement. (2) The employee is a part-time permanent employee who has worked at least fifteen hundred hours within the twelve-month period immediately preceding the date of disability and is eligible for sick leave credit under division (B) of section 124.382 of the Revised Code. (3) The employee is a full-time permanent or part-time permanent employee, is on disability leave or leave of absence for medical reasons, and would be eligible for sick leave credit pursuant to division (B) of section 124.382 of the Revised Code except that the employee is in no pay status due to the employee's medical condition. 6768 6769 6770 6771 6772 6773 6774 6775 6776 6777 6778 6779 6780 6781 6782 6783 6784 6785 6786 6787 6788 6789 6790 6791 6792 6793 6794 6795 6796 H. B. No. 96 Page 248 As Introduced (B) The director of administrative services, by rule adopted in accordance with Chapter 119. of the Revised Code, shall adopt a rule to establish a disability leave program. The rule shall include, but shall not be limited to, the following: (1) Procedures to be followed for determining disability; (2) Provisions for the allowance of disability leave due to illness, condition, or injury; (3) Provisions for the continuation of service credit for employees granted disability leave, including service credit towards retirement, as provided by the applicable statute; (4) The establishment of a minimum level of benefit and of a waiting period before benefits begin; (5) Provisions setting a maximum length of benefit and requiring that employees eligible to apply for disability retirement shall do so prior to completing the first six months of their period of disability. The director's rules shall indicate those employees required to apply for disability retirement. If an employee is approved to receive disability retirement, the employee shall receive the retirement benefit and a supplement payment that equals a percentage of the employee's base rate of pay and that, when added to the retirement benefit, equals no more than the percentage of pay received by employees after the first six months of disability. This supplemental payment shall not be considered earnable salary, compensation, or salary, and is not subject to contributions, under Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code. (6) Provisions that allow employees to utilize available sick leave, personal leave, compensatory time, or vacation leave 6797 6798 6799 6800 6801 6802 6803 6804 6805 6806 6807 6808 6809 6810 6811 6812 6813 6814 6815 6816 6817 6818 6819 6820 6821 6822 6823 6824 6825 H. B. No. 96 Page 249 As Introduced balances to supplement the benefits payable under this section. The balances used to supplement the benefits, plus any amount contributed by the state as provided in division (D) of this section, shall be paid at the employee's base rate of pay in an amount sufficient to give employees up to one hundred per cent of pay for time on disability. (7) Procedures for appealing denial of payment of a claim, including the following: (a) A maximum of thirty days to file an appeal by the employee; (b) A maximum of fifteen days for the parties to select a third-party opinion pursuant to division (F) of this section, unless an extension is agreed to by the parties; (c) A maximum of thirty days for the third party to render an opinion. (8) Provisions for approving leave of absence for medical reasons where an employee is in no pay status because the employee has used all the employee's sick leave, personal leave, vacation leave, and compensatory time; (9) (8) Provisions for precluding the payment of benefits if the injury for which the benefits are sought is covered by a workers' compensation plan; (10) Provisions for precluding the payment of benefits in order to ensure that benefits are provided in a consistent manner. (C) Except as provided in division (B)(6) of this section, time off for an employee granted disability leave is not chargeable to any other leave granted by other sections The 6826 6827 6828 6829 6830 6831 6832 6833 6834 6835 6836 6837 6838 6839 6840 6841 6842 6843 6844 6845 6846 6847 6848 6849 6850 6851 6852 6853 H. B. No. 96 Page 250 As Introduced adjudication hearing requirements prescribed in Chapter 119. of the Revised Code do not apply to the procedures for appealing denial of payment of a claim that the director adopts by rule under division (B)(7) of this section. (D) While an employee is on an approved disability leave, the employee shall be responsible for paying the employee's share of retirement contributions and the employer's share shall be paid by the state. (E) The approval for disability leave shall be made by the director, upon recommendation by the appointing authority. The director may delegate to any appointing authority the authority to approve disability benefits for a standard recovery period. (F) If a request for disability leave is denied based on a medical determination, the director shall obtain a medical opinion from a third party. The decision of the third party is binding. (G)(F) The rule adopted by the director under division (B) of this section shall not deny disability leave benefits for an illness or injury to an employee who is a veteran of the United States armed forces because the employee contracted the illness or received the injury in the course of or as a result of military service and the illness or injury is or may be covered by a compensation plan administered by the United States department of veterans affairs. Sec. 124.386. (A) Each full-time permanent employee paid in accordance with the schedules created under section 124.152 of the Revised Code and those full-time permanent employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code shall be credited with thirty-two hours of personal 6854 6855 6856 6857 6858 6859 6860 6861 6862 6863 6864 6865 6866 6867 6868 6869 6870 6871 6872 6873 6874 6875 6876 6877 6878 6879 6880 6881 6882 H. B. No. 96 Page 251 As Introduced leave each year. Each part-time permanent employee paid in accordance with the schedules created under section 124.152 of the Revised Code and those part-time permanent employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code shall receive a pro-rated personal leave credit as determined by rule of the director of administrative services. The credit shall be made to each eligible employee in the first pay the employee receives in December. Employees, upon giving reasonable notice to the responsible administrative officer of the appointing authority, may use personal leave for absence due to mandatory court appearances, legal or business matters, family emergencies, unusual family obligations, medical appointments, weddings, religious holidays not listed in section 124.19 of the Revised Code, or any other matter of a personal nature. Personal leave may not be used on a holiday when an employee is scheduled to work. Personal leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee. There shall be a moratorium on personal leave accrual beginning with the credit employees would have received in December 2009, except as otherwise provided in divisions (H)(1) and (2) of this section. Personal leave accrual shall resume with employees receiving credit in December 2011 and there shall be no retroactive grant of credit for the period the moratorium was in effect. (B) When personal leave is used by an employee of either house of the general assembly or an employee of a legislative agency, it shall be deducted from the unused balance of the employee's personal leave in the manner prescribed by the 6883 6884 6885 6886 6887 6888 6889 6890 6891 6892 6893 6894 6895 6896 6897 6898 6899 6900 6901 6902 6903 6904 6905 6906 6907 6908 6909 6910 6911 6912 H. B. No. 96 Page 252 As Introduced employee's administrative authority. When personal leave is used by an employee described in division (A) of this section who is not an employee of either house of the general assembly or of a legislative agency, it shall be deducted from the unused balance of the employee's personal leave on the basis of absence in such increments of an hour as the director of administrative services determines. Compensation for personal leave shall be equal to the employee's base rate of pay. (C) A newly appointed full-time permanent employee or a non-full-time employee who receives a full-time permanent appointment shall be credited with personal leave of thirty-two hours, less one and two-tenths hours for each pay period that has elapsed following the first paycheck the employee receives in December, until the first day of the pay period during which the appointment was effective. (D) The director of administrative services shall allow employees to elect one of the following options with respect to the unused balance of personal leave: (1) Carry forward the balance. The maximum credit that shall be available to an employee at any one time is forty hours. (2) Convert the balance to accumulated sick leave, to be used in the manner provided by section 124.382 of the Revised Code; (3) Receive a cash benefit. The cash benefit shall equal one hour of the employee's base rate of pay for every hour of unused credit that is converted. An employee serving in a temporary work level who elects to convert unused personal leave to cash shall do so at the base rate of pay of the employee's 6913 6914 6915 6916 6917 6918 6919 6920 6921 6922 6923 6924 6925 6926 6927 6928 6929 6930 6931 6932 6933 6934 6935 6936 6937 6938 6939 6940 6941 H. B. No. 96 Page 253 As Introduced normal classification. Such cash benefit shall not be subject to contributions to any of the retirement systems, either by the employee or the employer. There shall be a moratorium on the payment for conversion of unused personal leave until December 2011, except as otherwise provided in divisions (H)(1) and (2) of this section. (E) A full-time permanent employee who separates from state service or becomes ineligible to be credited with leave under this section shall receive a reduction of personal leave credit of one and two-tenths hours for each pay period that remains beginning with the first pay period following the date of separation or the effective date of the employee's ineligibility until the pay period preceding the next base pay period. After calculation of the reduction of an employee's personal leave credit, the employee is entitled to compensation for any remaining personal leave credit at the employee's current base rate of pay. If the reduction results in a number of hours less than zero, the cash equivalent value of such number of hours shall be deducted from any compensation that remains payable to the employee, or from the cash conversion value of any vacation or sick leave that remains credited to the employee. An employee serving in a temporary work level who is eligible to receive compensation under this section shall be compensated at the base rate of pay of the employee's normal classification. (F) An employee who transfers from one public agency to another public agency in which the employee is eligible for the credit provided under this section shall be credited with the unused balance of personal leave. (G) The director of administrative services shall 6942 6943 6944 6945 6946 6947 6948 6949 6950 6951 6952 6953 6954 6955 6956 6957 6958 6959 6960 6961 6962 6963 6964 6965 6966 6967 6968 6969 6970 6971 H. B. No. 96 Page 254 As Introduced establish procedures to uniformly administer this section. No personal leave may be granted to a state employee upon or after retirement or termination of employment. (H)(1) The moratoria imposed under divisions (A) and (D) (3) of this section shall apply to employees of the secretary of state, auditor of state, treasurer of state, and attorney general who are subject to this section unless the secretary of state, auditor of state, treasurer of state, or attorney general decides to exempt the office's employees from the moratoria and so notifies the director of administrative services in writing on or before November 1, 2009. (2) The moratoria imposed under divisions (A) and (D)(3) of this section do not apply to employees of the supreme court, the general assembly, and the legislative service commission who are subject to this section, unless the supreme court, general assembly, or legislative service commission decides to include those employees in the moratoria and so notifies the director of administrative services in writing on or before November 1, 2009. Written notice shall be signed by the appointing authority for employees of the supreme court, general assembly, or legislative service commission as the case may be. Sec. 124.81. (A) Except as provided in division (F) of this section, the department of administrative services in consultation with the superintendent of insurance shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state, for the issuance of one of the following: (1) A policy of group life insurance covering all state employees who are paid directly by warrant of the director of 6972 6973 6974 6975 6976 6977 6978 6979 6980 6981 6982 6983 6984 6985 6986 6987 6988 6989 6990 6991 6992 6993 6994 6995 6996 6997 6998 6999 7000 7001 H. B. No. 96 Page 255 As Introduced budget and management, including elected state officials; (2) A combined policy, or coordinated policies of one or more insurance companies or health insuring corporations in combination with one or more insurance companies providing group life and health, medical, hospital, dental, or surgical insurance, or any combination thereof, covering all such employees; (3) A policy that may include, but is not limited to, hospitalization, surgical, major medical, dental, vision, and medical care, disability, hearing aids, prescription drugs, group life, life, sickness, and accident insurance, group legal services, or a combination of the above benefits for some or all of the employees paid in accordance with the schedules created under section 124.152 of the Revised Code and for some or all of the employees listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code, and their immediate dependents. (B) The department of administrative services in consultation with the superintendent of insurance shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state, for the issuance of a policy of group life insurance covering all municipal and county court judges. The amount of such coverage shall be an amount equal to the aggregate salary set forth for each municipal court judge in sections 141.04 and 1901.11 of the Revised Code, and set forth for each county court judge in sections 141.04 and 1907.16 of the Revised Code. (C) If a state employee uses all accumulated sick leave and then goes on an extended medical disability, the policyholder shall continue at no cost to the employee the 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 H. B. No. 96 Page 256 As Introduced coverage of the group life insurance for such employee for the period of such extended leave, but not beyond three years. (D) If a state employee insured under a group life insurance policy as provided in division (A) of this section is laid off pursuant to section 124.32 of the Revised Code, such employee by request to the policyholder, made no later than the effective date of the layoff, may elect to continue the employee's group life insurance for the one-year period through which the employee may be considered to be on laid-off status by paying the policyholder through payroll deduction or otherwise twelve times the monthly premium computed at the existing average rate for the group life case for the amount of the employee's insurance thereunder at the time of the employee's layoff. The policyholder shall pay the premiums to the insurance company at the time of the next regular monthly premium payment for the actively insured employees and furnish the company appropriate data as to such laid-off employees. At the time an employee receives written notice of a layoff, the policyholder shall also give such employee written notice of the opportunity to continue group life insurance in accordance with this division. When such laid-off employee is reinstated for active work before the end of the one-year period, the employee shall be reclassified as insured again as an active employee under the group and appropriate refunds for the number of full months of unearned premium payment shall be made by the policyholder. (E) This section does not affect the conversion rights of an insured employee when the employee's group insurance terminates under the policy. (F) Notwithstanding division (A) of this section, the department may provide benefits equivalent to those that may be 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049 7050 7051 7052 7053 7054 7055 7056 7057 7058 7059 7060 7061 H. B. No. 96 Page 257 As Introduced paid under a policy issued by an insurance company, or the department may, to comply with a collectively bargained contract, enter into an agreement with a jointly administered trust fund which receives contributions pursuant to a collective bargaining agreement entered into between this state, or any of its political subdivisions, and any collective bargaining representative of the employees of this state or any political subdivision for the purpose of providing for self-insurance of all risk in the provision of fringe benefits similar to those that may be paid pursuant to division (A) of this section, and the jointly administered trust fund may provide through the self-insurance method specific fringe benefits as authorized by the rules of the board of trustees of the jointly administered trust fund. Amounts from the fund may be used to pay direct and indirect costs that are attributable to consultants or a third- party administrator and that are necessary to administer this section. Benefits provided under this section include, but are not limited to, hospitalization, surgical care, major medical care, disability, dental care, vision care, medical care, hearing aids, prescription drugs, group life insurance, sickness and accident insurance, group legal services, or a combination of the above benefits, for the employees and their immediate dependents. (G) Notwithstanding any other provision of the Revised Code, any public employer, including the state, and any of its political subdivisions, including, but not limited to, any county, county hospital, municipal corporation, township, park district, school district, state institution of higher education, public or special district, state agency, authority, commission, or board, or any other branch of public employment, and any collective bargaining representative of employees of the 7062 7063 7064 7065 7066 7067 7068 7069 7070 7071 7072 7073 7074 7075 7076 7077 7078 7079 7080 7081 7082 7083 7084 7085 7086 7087 7088 7089 7090 7091 7092 H. B. No. 96 Page 258 As Introduced state or any political subdivision may agree in a collective bargaining agreement that any mutually agreed fringe benefit including, but not limited to, hospitalization, surgical care, major medical care, disability, dental care, vision care, medical care, hearing aids, prescription drugs, group life insurance, sickness and accident insurance, group legal services, or a combination thereof, for employees and their dependents be provided through a mutually agreed upon contribution to a jointly administered trust fund. Amounts from the fund may be used to pay direct and indirect costs that are attributable to consultants or a third-party administrator and that are necessary to administer this section. The amount, type, and structure of fringe benefits provided under this division is subject to the determination of the board of trustees of the jointly administered trust fund. Notwithstanding any other provision of the Revised Code, competitive bidding does not apply to the purchase of fringe benefits for employees under this division through a jointly administered trust fund. Sec. 125.01. As used in this chapter: (A) "Advertising" includes advertising in print or electronic newspapers, journals, or magazines and advertising broadcast over radio or television or placed on the internet. (B) "Buy Ohio products" means products that are mined, excavated, produced, manufactured, raised, or grown in this state or a state bordering Ohio where the input of Buy Ohio products, labor, skill, or other services constitutes not less than twenty-five per cent of the manufactured cost. With respect to mined products, such products shall be mined or excavated in this state or a state bordering Ohio. "Buy Ohio products" includes any product that includes semiconductors produced by a 7093 7094 7095 7096 7097 7098 7099 7100 7101 7102 7103 7104 7105 7106 7107 7108 7109 7110 7111 7112 7113 7114 7115 7116 7117 7118 7119 7120 7121 7122 H. B. No. 96 Page 259 As Introduced company with a significant Ohio economic presence. (C) "Chartered nonpublic school" has the same meaning as in section 3310.01 of the Revised Code. (D) "Community rehabilitation program" means an agency meeting all of the following requirements: (1) Organized under the laws of the United States or this state such that no part of its net income inures to the benefit of any shareholder or other individual; (2) Certified as a sheltered workshop, if applicable, by the wage and hour division of the United States department of labor; (3) Registered and in good standing with the secretary of state as a domestic nonprofit corporation; (4) Complies with applicable occupational health and safety standards required by the laws of the United States or of this state; (5) Operates in the interest of persons with work-limiting disabilities, provides vocational or other employment-related training to persons with work-limiting disabilities, and employs persons with work-limiting disabilities in the manufacture of products or the provision of services; (6) Is a nonprofit corporation for federal tax purposes. (E) "Competitive selection" means any of the following procedures for making purchases: (1) Competitive sealed bidding under section 125.07 of the Revised Code; (2) Competitive sealed proposals under section 125.071 of 7123 7124 7125 7126 7127 7128 7129 7130 7131 7132 7133 7134 7135 7136 7137 7138 7139 7140 7141 7142 7143 7144 7145 7146 7147 7148 7149 H. B. No. 96 Page 260 As Introduced the Revised Code; (3) Reverse auctions under section 125.072 of the Revised Code; (4) Electronic procurement under section 125.073 of the Revised Code. (F) "Direct purchasing authority" means the authority of a state agency to make a purchase without competitive selection pursuant to sections 125.05 and 127.16 of the Revised Code. (G) "Emergency" has the same meaning as in section 5502.21 of the Revised Code. (H) "Emergency medical service organization" has the same meaning as in section 4765.01 of the Revised Code. (I) "Goods" means anything that can be purchased that is not a service or real property. (J) "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. (K) "Government ordering office" means any state agency, excluding those listed in division (A) of section 125.02 of the Revised Code, or any political subdivision described in division (B) of section 125.04 of the Revised Code. (L) "Invoice" means an itemized listing showing delivery of the goods or performance of the services described in the order including all of the following: 7150 7151 7152 7153 7154 7155 7156 7157 7158 7159 7160 7161 7162 7163 7164 7165 7166 7167 7168 7169 7170 7171 7172 7173 7174 7175 7176 7177 H. B. No. 96 Page 261 As Introduced (1) The date of the purchase or rendering of the service; (2) An itemization of the things done, material supplied, or labor furnished; (3) The sum due pursuant to the contract or obligation. (M) "Military goods or services" means goods or services provided through the supply chain of any branch of the United States military that are necessary for executing an assigned mission, including arms, ordnance, equipment, and all other military property issued to the state by the federal government. "Military goods or services" does not include any of the following: (1) Real property; (2) Construction of, or improvements or alterations to, public works as required by Chapter 153. of the Revised Code; (3) Goods or services that state agencies can purchase from requisite procurement programs as prescribed by section 125.035 of the Revised Code, through competitive selection as prescribed by sections 125.05 and 127.16 of the Revised Code, or through direct purchasing authority. (N) "Ohio-based personal protective equipment manufacturer" means a manufacturer, at least two-thirds of the beneficial ownership of which is vested in residents of this state, that produces personal protective equipment in this state. (A) (O) "Order" means a copy of a contract or a statement of the nature of a contemplated expenditure, a description of the property or supplies goods to be purchased or service services to be performed, other than a service services 7178 7179 7180 7181 7182 7183 7184 7185 7186 7187 7188 7189 7190 7191 7192 7193 7194 7195 7196 7197 7198 7199 7200 7201 7202 7203 7204 7205 H. B. No. 96 Page 262 As Introduced performed by officers and regular employees of the state, and per diem of the national guard, and the total sum of the expenditure to be made therefor, if the sum is fixed and ascertained, otherwise the estimated sum thereof, and an authorization to pay for the contemplated expenditure, signed by the person instructed and authorized to pay upon receipt of a proper invoice. (B) "Invoice" means an itemized listing showing delivery of the supplies or performance of the service described in the order including all of the following: (1) The date of the purchase or rendering of the service; (2) An itemization of the things done, material supplied, or labor furnished; (3) The sum due pursuant to the contract or obligation. (C) "Products" means materials, supplies, merchandise, goods, wares, and foodstuffs. (D) (P) "Personal information" has the same meaning as in section 149.45 of the Revised Code. (Q) "Personal protective equipment" means equipment worn to minimize exposure to hazards that cause workplace injuries and illnesses. (R) "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 7206 7207 7208 7209 7210 7211 7212 7213 7214 7215 7216 7217 7218 7219 7220 7221 7222 7223 7224 7225 7226 7227 7228 7229 7230 7231 7232 7233 H. B. No. 96 Page 263 As Introduced been approved by the department of administrative services to participate in the department's contracts. (S) "Private fire company" has the same meaning as in section 9.60 of the Revised Code. (T) "Produced" means the manufacturing, processing, mining, developing, and making of a thing into a new article with a distinct character in use through the application of input, within the state or a state bordering Ohio, of Buy Ohio products, labor, skill, or other services. "Produced" does not include the mere assembling or putting together of products or materials from outside of Ohio or a state bordering Ohio. (E) "Buy Ohio products" means products that are mined, excavated, produced, manufactured, raised, or grown in the state or a state bordering Ohio where the input of Buy Ohio products, labor, skill, or other services constitutes no less than twenty- five per cent of the manufactured cost. With respect to mined products, such products shall be mined or excavated in this state or a state bordering Ohio. (F) (U) "Products" means materials, supplies, merchandise, goods, wares, and foodstuffs. (V) "Purchase" means to buy, rent, lease, lease purchase, or otherwise acquire supplies goods or services. "Purchase" also includes all functions that pertain to the obtaining of supplies goods or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, all phases of contract administration, and receipt and acceptance of the supplies goods and services and payment for themfinancial consideration for the goods and services by either a state agency or a third-party. 7234 7235 7236 7237 7238 7239 7240 7241 7242 7243 7244 7245 7246 7247 7248 7249 7250 7251 7252 7253 7254 7255 7256 7257 7258 7259 7260 7261 7262 H. B. No. 96 Page 264 As Introduced (W) "Real property" means land or anything that is erected on or affixed to land, or below the surface, excluding infrastructure. Major classifications of real property are land, land improvements, and buildings. (G) (X) "Services" means the furnishing of labor, time, or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. "Services" does not include services furnished pursuant to employment agreements or collective bargaining agreements. (H) "Supplies" means all property, including, but not limited to, equipment, materials, and other tangible assets, but excluding real property or an interest in real property. (I) "Competitive selection" means any of the following procedures for making purchases: (1) Competitive sealed bidding under section 125.07 of the Revised Code; (2) Competitive sealed proposals under section 125.071 of the Revised Code; (3) Reverse auctions under section 125.072 of the Revised Code; (4) Electronic procurement under section 125.073 of the Revised Code. (J) "Direct purchasing authority" means the authority of a state agency to make a purchase without competitive selection pursuant to sections 125.05 and 127.16 of the Revised Code (Y) "State award" means a contract awarded by the state costing over twenty-five thousand dollars. "State award" does 7263 7264 7265 7266 7267 7268 7269 7270 7271 7272 7273 7274 7275 7276 7277 7278 7279 7280 7281 7282 7283 7284 7285 7286 7287 7288 7289 7290 H. B. No. 96 Page 265 As Introduced 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. (Z) "State contract" means a contract for the purchase of goods or services awarded by the department of administrative services. (AA) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code. (BB) "State official" means an official elected to a statewide office or a member of the general assembly. (CC) "State procurement emergency" means a situation in which the normal functioning of one or more state government agencies is threatened, creating any of the following: (1) An immediate and serious need for goods or services that cannot be met through purchasing methods required by Chapter 125. of the Revised Code; (2) A threat to public health, safety, or welfare; (3) Threats to the preservation or protection of property. Sec. 125.02. (A) The department of administrative services shall establish state contracts for supplies and to purchase goods or services, including telephone, other telecommunications, and computer services, for the use of by the department and state agencies, and may establish such contracts for the use of by any political subdivision as entity described in division (B) of section 125.04 of the Revised Code, except 7291 7292 7293 7294 7295 7296 7297 7298 7299 7300 7301 7302 7303 7304 7305 7306 7307 7308 7309 7310 7311 7312 7313 7314 7315 7316 7317 7318 H. B. No. 96 Page 266 As Introduced for the following: (1) The adjutant general for military supplies and goods or 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' department's assistance in the procurement of supplies and purchasing goods or 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)(D) 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 under Chapter 119. of the Revised Code regarding 7319 7320 7321 7322 7323 7324 7325 7326 7327 7328 7329 7330 7331 7332 7333 7334 7335 7336 7337 7338 7339 7340 7341 7342 7343 7344 7345 H. B. No. 96 Page 267 As Introduced circumstances and criteria for obtaining a release and permit under this section. The rules adopted by the director of administrative services also shall prescribe uniform rules governing forms of specifications, advertisements for bids and proposals, the opening of bids and proposals, the making of awards and contracts, and the purchase of supplies goods or services, and the performance of work. (E) The director may participate in cooperative purchasing with the following: (1) The entities set forth in divisions (A)(1) to (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; (5) Other purchasing consortia; (6) The department of transportation; or (7) Any political subdivision entity 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 goods or services from contracts established by the department of administrative services. (G) Except as provided in section 125.04 of the Revised 7346 7347 7348 7349 7350 7351 7352 7353 7354 7355 7356 7357 7358 7359 7360 7361 7362 7363 7364 7365 7366 7367 7368 7369 7370 7371 7372 H. B. No. 96 Page 268 As Introduced 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. (H) At its discretion, the department may amend, renew, cancel, or terminate any state contract when it is in the best interest of the state. 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 before making a purchase, a state agency shall determine if the needed goods or services can be acquired from a first requisite or a 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 (1) First requisite procurement programs that shall be given preference in the 7373 7374 7375 7376 7377 7378 7379 7380 7381 7382 7383 7384 7385 7386 7387 7388 7389 7390 7391 7392 7393 7394 7395 7396 7397 7398 7399 7400 7401 7402 H. B. No. 96 Page 269 As Introduced following order in fulfilling a purchase requestare the following: (1)(a) Ohio penal industries within administered by the department of rehabilitation and correction; (2)(b) Community rehabilitation programs program administered by the department of administrative services under sections section 125.601 to 125.6012 of the Revised Code; (3)(c) Ohio-based personal protective equipment manufacturers program established by the director of administrative services administered under section 125.036 Chapter 125. 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 procurement programs are unable to do so(2) If the needed goods or services are available from more than one first requisite procurement program, preference shall be given in the following order: (a) Ohio penal industries; (b) Community rehabilitation programs; (c) Ohio-based personal protective equipment manufacturers program. (3) If the needed goods or services cannot be provided by a first requisite procurement program, a state agency shall determine if the goods or services are available from any of the second requisite procurement programs, which are the following: (1)(a) Business enterprise program at the opportunities for Ohioans with disabilities agency as prescribed in sections 3304.28 to 3304.33 of the Revised Code; 7403 7404 7405 7406 7407 7408 7409 7410 7411 7412 7413 7414 7415 7416 7417 7418 7419 7420 7421 7422 7423 7424 7425 7426 7427 7428 7429 7430 H. B. No. 96 Page 270 As Introduced (2) Office (b) The department of administrative services office of information technology at the department of administrative services as established prescribed in section 125.18 of the Revised Code; (3) Office (c) The department of administrative services office of state printing and mail services at the department of administrative services as prescribed in Chapter 125. of the Revised Code; (4)(d) Ohio pharmacy services at the department of mental health and addiction services as prescribed in section 5119.44 of the Revised Code; (5)(e) The Ohio facilities construction commission established in section 123.20 of the Revised Code; and (6)(f) 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 7431 7432 7433 7434 7435 7436 7437 7438 7439 7440 7441 7442 7443 7444 7445 7446 7447 7448 7449 7450 7451 7452 7453 7454 7455 7456 7457 7458 7459 H. B. No. 96 Page 271 As Introduced 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 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(B) When requisite procurement programs receive a purchase request, the requesting agency may use direct purchasing authority to make the requested purchase, subject to the requirements of division (G) of this section, division (F) of section 125.05, and section 127.16 of the Revised Code. requisite procurement programs shall determine if the requisite 7460 7461 7462 7463 7464 7465 7466 7467 7468 7469 7470 7471 7472 7473 7474 7475 7476 7477 7478 7479 7480 7481 7482 7483 7484 7485 7486 7487 7488 7489 H. B. No. 96 Page 272 As Introduced procurement programs can provide the requested goods or services. In making this determination, the requisite procurement programs shall do one of the following: (1) Direct the requesting state agency to obtain the requested goods or services through the proper requisite procurement program; (2) Provide the requesting state agency with a waiver from the use of the applicable requisite procurement program within five business days, or allow the time to lapse, whereupon the department of administrative services shall issue a waiver to the requesting state agency. (G) As (C) Upon receiving a waiver, the requesting state agency may use direct purchasing authority to make the requested purchase, subject to the requirements of division (D) of this section, division (G) of section 125.05, and section 127.16 of the Revised Code. (D) 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 a state agency to secure supplies purchase goods or services. A release and permit shall specify the supplies goods 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. The director department may issue a release and permit for the purchase of personal protective 7490 7491 7492 7493 7494 7495 7496 7497 7498 7499 7500 7501 7502 7503 7504 7505 7506 7507 7508 7509 7510 7511 7512 7513 7514 7515 7516 7517 7518 7519 H. B. No. 96 Page 273 As Introduced equipment from a foreign personal protective equipment manufacturer, if purchasing from an Ohio-based personal protective equipment manufacturer would result in the state agency paying a price that is one hundred twenty per cent or higher than the price that is available from the foreign supplier. 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. 125.036. (A) As used in this section: "Ohio-based personal protective equipment manufacturer" means a manufacturer, at least two-thirds of the beneficial ownership of which is vested in residents of this state, that produces personal protective equipment in this state. "Personal protective equipment" has the meaning defined in division (E) of section 125.05 of the Revised Code. (B) The director of administrative services shall establish and maintain an Ohio-based personal protective equipment manufacturers program. Under the program, the director shall establish and maintain a list of Ohio-based personal protective equipment manufacturers qualified to fulfill a purchase request under division (B)(3)(A)(1)(c) of section 125.035 of the Revised Code. 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 7520 7521 7522 7523 7524 7525 7526 7527 7528 7529 7530 7531 7532 7533 7534 7535 7536 7537 7538 7539 7540 7541 7542 7543 7544 7545 7546 7547 7548 H. B. No. 96 Page 274 As Introduced 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 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) (B) Subject to division (C)(F) of this section, the department of administrative services may permit a state institution of higher education, governmental agency, political subdivision, private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school to participate in state contracts into which the department has 7549 7550 7551 7552 7553 7554 7555 7556 7557 7558 7559 7560 7561 7562 7563 7564 7565 7566 7567 7568 7569 7570 7571 7572 7573 7574 7575 7576 7577 H. B. No. 96 Page 275 As Introduced entered for the purchase of supplies and services. With respect to such participation, all of the following apply: (1) 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 state contract. (2) A political subdivision desiring to participate in such purchase state 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 state contracts and shall agree that the political subdivision will be bound by such the terms and conditions of the contract as prescribed by the department prescribes , and that it will directly pay the vendor under each purchase contractsupplier providing goods or services under the contract. (3) A private fire company, private, nonprofit emergency medical service organization, or chartered nonpublic school desiring to participate in such purchase state 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. (4) A governmental agency desiring to participate in such purchase state 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 state 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 7578 7579 7580 7581 7582 7583 7584 7585 7586 7587 7588 7589 7590 7591 7592 7593 7594 7595 7596 7597 7598 7599 7600 7601 7602 7603 7604 7605 7606 7607 H. B. No. 96 Page 276 As Introduced institution of higher education be authorized to participate in such state contracts. (5) 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 state contract. (3)(C) The board of elections of a county that is authorized to participate in state contracts under division (B) (2)(B) 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, boards of elections, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools from contracts pursuant to this division.(D) The department may require such entities state institutions of higher education, governmental agencies, political subdivisions, boards of elections, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools to file a report with the department, as often as it finds necessary, stating how many such state contracts the entities participated in within a specified period of time, and any other information the department requires. (5)(E) Purchases made by a political subdivision or a 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 7608 7609 7610 7611 7612 7613 7614 7615 7616 7617 7618 7619 7620 7621 7622 7623 7624 7625 7626 7627 7628 7629 7630 7631 7632 7633 7634 7635 7636 7637 H. B. No. 96 Page 277 As Introduced subdivision, unless such purchase can be made upon the same terms, conditions, and specifications at a lower price under division (B)(2)(B) of this section. (C)(F) A political subdivision as defined in division (B) of this section or a board of elections may purchase supplies goods or services from another party, including a political subdivision, instead of through participation in contracts described in division (B) of this section a state contract if the political subdivision or board of elections can purchase those supplies goods or services from the other party upon equivalent terms, conditions, and specifications but at a lower price than it can through those contracts., and both of the following apply: (1) Purchases that a political subdivision or board of elections makes under this division are exempt from any competitive selection procedures otherwise required by law. (2) A political subdivision or board of elections that makes any purchase under this division shall maintain sufficient information regarding the purchase to verify that the political subdivision or 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)(G) This section does not apply to supplies goods or services purchased by a state agency directly as provided in section 125.05 of the Revised Code, or to purchases of supplies goods or services for the emergency management agency or other state agencies as provided in section 125.061 of the Revised 7638 7639 7640 7641 7642 7643 7644 7645 7646 7647 7648 7649 7650 7651 7652 7653 7654 7655 7656 7657 7658 7659 7660 7661 7662 7663 7664 7665 7666 H. B. No. 96 Page 278 As Introduced Code. Sec. 125.041. (A) Nothing in sections 125.02, 125.04 to 125.08, 125.12 to 125.16, 125.18, 125.31 to 125.76125.71, or 125.831 of the Revised Code shall be construed as limiting the attorney general, auditor of state, secretary of state, or treasurer of state in any of the following: (1) Purchases for less than the dollar amounts for the purchase of supplies goods or services determined under section 125.05 of the Revised Code; (2) Purchases that equal or exceed the dollar amounts for the purchase of supplies goods or services determined under section 125.05 of the Revised Code with the approval of the controlling board, if that approval is required by section 127.16 of the Revised Code; (3) The final determination of the nature or quantity of any purchase of supplies goods or services under division (B) of section 125.02 or under division (G)(C) of section 125.035 of the Revised Code; (4) The final determination and disposal of excess and surplus suppliesproperty; (5) The inventory of state property; (6) The purchase of printing; (7) Activities related to information technology development and use; (8) The fleet management program. (B) Nothing in this section shall be construed as preventing the attorney general, auditor of state, secretary of 7667 7668 7669 7670 7671 7672 7673 7674 7675 7676 7677 7678 7679 7680 7681 7682 7683 7684 7685 7686 7687 7688 7689 7690 7691 7692 7693 H. B. No. 96 Page 279 As Introduced state, or treasurer of state from complying with or participating in any aspect of Chapter 125. of the Revised Code through the department of administrative services. Sec. 125.05. (A) No state agency shall purchase any supplies goods or services except as provided in this section and section 127.16 of the Revised Code. When exercising direct purchasing authority the agency shall utilize a competitive selection process that complies with all applicable laws, rules, or regulations and policies of the department of administrative services. (A)(B) A state agency may, without competitive selection, make any purchase of supplies goods or services that cost less than fifty thousand dollars after complying with divisions (A) to (E)(D) 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 purchasing procedures that are consistent with the department's purchasing procedures and laws, rules, and policies. The agency 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)(C) A state agency shall make purchases of supplies goods 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 the state agency a waiver and or a release and permit under that section. (C) An (D) A state agency that has been granted a release 7694 7695 7696 7697 7698 7699 7700 7701 7702 7703 7704 7705 7706 7707 7708 7709 7710 7711 7712 7713 7714 7715 7716 7717 7718 7719 7720 7721 7722 H. B. No. 96 Page 280 As Introduced and permit under 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) An (E) A state agency that has been granted a release and permit under section 125.035 of the Revised Code to make a purchase may shall make the purchase by utilizing the electronic procurement system established by the department of administrative services under section 125.073 of the Revised Code. (E)(F) If the department of education and workforce or the Ohio education computer network determines that it can purchase software goods or services or supplies for specified school districts at a price less than the price for which the districts could purchase the same software goods or 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)(B) to (D)(E) of this section. (F)(G) When the purchase cost of personal protective equipment is less than fifty thousand dollars, a state agency shall comply with section 125.035 of the Revised Code. If the purchase is not subject to the requirements of an applicable 7723 7724 7725 7726 7727 7728 7729 7730 7731 7732 7733 7734 7735 7736 7737 7738 7739 7740 7741 7742 7743 7744 7745 7746 7747 7748 7749 7750 7751 H. B. No. 96 Page 281 As Introduced first or second requisite procurement program, the agency shall apply the same preferences in section 125.09 of 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. 125.051. (A) As used in this section: (1) "Advertising" includes advertising in print or electronic newspapers, journals, or magazines and advertising broadcast over radio or television or placed on the internet. (2) "State official" means an official elected to a statewide office or a member of the general assembly. (B) Any advertising purchased with public money by a state official for the same purpose that, in the aggregate, exceeds fifty thousand dollars during the fiscal year, shall be subject to controlling board approval. Sec. 125.061. (A) As used in this section: (1) "Emergency" has the same meaning as defined in section 5502.21 of the Revised Code. (2) "State procurement emergency" means a situation that creates all of the following: (a) A threat to public health, safety, or welfare; (b) An immediate and serious need for supplies or services that cannot be met through normal procurement methods required by state law; and (c) A serious threat of harm to the functioning of state government, the preservation or protection of property, or the health or safety of any person. 7752 7753 7754 7755 7756 7757 7758 7759 7760 7761 7762 7763 7764 7765 7766 7767 7768 7769 7770 7771 7772 7773 7774 7775 7776 7777 7778 H. B. No. 96 Page 282 As Introduced (B) During the period of an emergency, the department of administrative services may suspend, for the emergency management agency established in section 5502.22 of the Revised Code or any other state agency participating in response and recovery activities as defined in section 5502.21 of the Revised Code, the purchasing and contracting requirements contained in Chapter 125. and any requirement of Chapter 153. of the Revised Code that otherwise would apply to the agency. The director of public safety or the executive director of the emergency management agency shall make the request for the suspension of these requirements to the department of administrative services concurrently with the request to the governor or the president of the United States for the declaration of an emergency. The governor also shall include in any proclamation the governor issues declaring an emergency language requesting the suspension of those requirements during the period of the emergency. (C)(B) During the period of a state procurement emergency, the department of administrative services may suspend, for any state agency, the purchasing and contracting requirements contained in Chapter 125. of the Revised Code that would otherwise be required of the agency. (1) The director or administrative head of the state agency where the state procurement emergency exists shall request the department of administrative services to suspend the purchasing and contracting requirements in Chapter 125. of the Revised Code. (2) The request shall include information detailing the immediacy of the state procurement emergency and a description of the necessary supplies goods or services that cannot be timely purchased through normal procurement methods otherwise 7779 7780 7781 7782 7783 7784 7785 7786 7787 7788 7789 7790 7791 7792 7793 7794 7795 7796 7797 7798 7799 7800 7801 7802 7803 7804 7805 7806 7807 7808 H. B. No. 96 Page 283 As Introduced required by state law. (3) Whenever practical, the agency shall obtain a release and permit from the department of administrative services under section 125.035 of the Revised Code before making purchases under this division. (D)(C) Before any purchase may be made under a suspension authorized by this section, the director of administrative services shall send notice of the suspension as approved by the director to the director of budget and management and to the members of the controlling board. The notice shall provide details of the request for suspension and shall include a copy of the director's approval. (E)(D) Purchases made by state agencies under this section are exempt from the requirements of section 127.16 of the Revised Code, except that state agencies making purchases under this section shall file a report with the president of the controlling board describing all such purchases made by the agency during the period covered by the emergency declaration or state procurement emergency. The report shall be filed within ninety days after the declaration or state procurement emergency condition expires. Sec. 125.07. (A) In accordance with rules the director of administrative services shall adopt under Chapter 119. of the Revised Code, the director of administrative services a state agency may make purchases for goods or services by competitive sealed bid. The competitive sealed bid, at , and both of the following apply: (1) At a minimum, a solicitation for a competitive sealed bid shall contain a detailed description of the supplies goods 7809 7810 7811 7812 7813 7814 7815 7816 7817 7818 7819 7820 7821 7822 7823 7824 7825 7826 7827 7828 7829 7830 7831 7832 7833 7834 7835 7836 7837 H. B. No. 96 Page 284 As Introduced or services to be purchased, the terms and conditions of the salepurchase, instructions concerning submissions of bid responses, and any other information the director department considers to be necessary for the intended purchase. (2) Competitive sealed bids shall be awarded as provided in section 125.11 of the Revised Code. (B) The department of administrative services, in making a purchase by competitive sealed bid, shall give notice in the following manner: (1) The department shall advertise the intended purchases by notice posted for the benefit of competing persons producing or dealing in the supplies goods or services to be purchased. The notice may be in any electronic form the director of administrative services considers appropriate to sufficiently notify competing persons of the intended purchases. (2) The notice required under this division shall include the time and place where bids will be accepted and opened, or, when bids are made in a reverse auction, the time when bids will be accepted; the conditions under which bids will be received; the terms of the proposed purchases; and an itemized list of the supplies goods or services to be purchased and the estimated quantities or amounts of them. (3) The notice required under this division shall be posted the number of days preceding the day when the bids will be opened or accepted that the director determines sufficient to enable interested bidders to prepare their bids(C) A state agency purchasing goods or services by competitive sealed bidding shall do so in the manner prescribed by this section and in compliance with all applicable laws, rules, and policies of 7838 7839 7840 7841 7842 7843 7844 7845 7846 7847 7848 7849 7850 7851 7852 7853 7854 7855 7856 7857 7858 7859 7860 7861 7862 7863 7864 7865 7866 H. B. No. 96 Page 285 As Introduced the department. Sec. 125.071. (A) In accordance with rules the director of administrative services shall adopt under Chapter 119. of the Revised Code, the director a state agency may make purchases by competitive sealed proposal whenever the director determines that when the use of competitive sealed bidding is not possible or not advantageous to the state., and both of the following apply: (1) At a minimum, solicitations for competitive sealed proposals shall contain a detailed description of the goods or services to be purchased, the terms and conditions of the purchase, instructions concerning submission of proposals, and any other information prescribed by rules adopted pursuant to this section or that the department of administrative services considers necessary. (2) Competitive sealed solicitations shall be awarded as provided in section 125.11 of the Revised Code. (B) Proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other evaluation factors. Notice of the request for proposals shall be given in accordance with rules the director shall adopt. (C) Proposals shall be opened so as to avoid disclosure of contents to competing offerors. In order to ensure fair and impartial evaluation, proposals and related documents submitted in response to a request for proposals are not available for public inspection and copying under section 149.43 of the Revised Code until after the award of the contract. 7867 7868 7869 7870 7871 7872 7873 7874 7875 7876 7877 7878 7879 7880 7881 7882 7883 7884 7885 7886 7887 7888 7889 7890 7891 7892 7893 7894 7895 H. B. No. 96 Page 286 As Introduced (D) As provided in the request for proposals, and under rules the director shall adopt, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of ensuring full understanding of, and responsiveness to, solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion regarding any clarification, correction, or revision of proposals. No disclosure of any information derived from proposals submitted by competing offerors shall occur when discussions are conducted. (E) Award Awards may be made to the offerors whose proposals are determined to be the most advantageous to this state, taking into consideration factors such as price and the evaluation criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made. (F) All proposals shall be submitted through and opened in the electronic procurement system established by the department under section 125.073 of the Revised Code. Proposals received after the due date and time specified in the solicitation shall be considered nonresponsive. (G) A state agency purchasing goods and services by competitive sealed proposal shall do so in the manner prescribed by this section and in compliance with all applicable laws, rules, and policies of the department. Sec. 125.072. (A) As used in this section, "reverse auction" means a purchasing process in which offerors prequalified bidders submit bids in competing to sell goods or services or supplies in an open environment via the internetwith 7896 7897 7898 7899 7900 7901 7902 7903 7904 7905 7906 7907 7908 7909 7910 7911 7912 7913 7914 7915 7916 7917 7918 7919 7920 7921 7922 7923 7924 7925 H. B. No. 96 Page 287 As Introduced an award being made to the lowest responsive and responsible bidder. (B) Whenever the The director of administrative services may purchase goods or services by reverse auction, in accordance with rules the director shall adopt under Chapter 119. of the Revised Code, whenever the director determines that the use of a reverse auction is advantageous to the state, the director, in accordance with rules the director shall adopt, may purchase services or supplies by reverse auction. (C) The director, by rule, may authorize a state agency that is has been authorized by the department to purchase goods or services or supplies directly to purchase them by reverse auction in the same manner as this section and the rules adopted under this section authorize the director to do so. Sec. 125.073. (A) The department of administrative services shall actively promote and accelerate the use of electronic procurement, including reverse auctions as defined by section 125.072 of the Revised Code, when exercising its statutory powers. Beginning July 1, 2004, the department shall annually (B) Annually, on or before the first day of July, the department shall provide a report to the committees in each house of the general assembly dealing with finance indicating the effectiveness of electronic procurement. (C) The department shall establish and maintain a single searchable web site, accessible by the public at no cost, that includes all of the following information for goods or services purchased by the state: (1) The name of the entity receiving the award; 7926 7927 7928 7929 7930 7931 7932 7933 7934 7935 7936 7937 7938 7939 7940 7941 7942 7943 7944 7945 7946 7947 7948 7949 7950 7951 7952 7953 7954 H. B. No. 96 Page 288 As Introduced (2) The anticipated 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. (D) The department's electronic procurement system may be used to meet the requirements of division (C) of this section. State awards shall be publicly posted within thirty days after being made. (E) 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. 125.09. (A) Pursuant to 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 goods or services listed in such notice. Those bidders and offerors claiming the preference outlined in this chapter shall designate in their bid or offer whether the product is mined, excavated, produced, manufactured, raised, or grown in the United States and is either a Buy Ohio product or that the product or service is provided by a bidder or offeror that qualifies as having a significant economic presence in the state or a state bordering Ohio, under the rules 7955 7956 7957 7958 7959 7960 7961 7962 7963 7964 7965 7966 7967 7968 7969 7970 7971 7972 7973 7974 7975 7976 7977 7978 7979 7980 7981 7982 7983 H. B. No. 96 Page 289 As Introduced established by the director of administrative services, and whether the bidder or offeror is a certified veteran-friendly business enterprise under section 122.925 of the Revised Code. (B) 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 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 mined, excavated, produced, manufactured, raised, or grown in the United States rather than in another country or territory; (2) Criteria for determining that a product is a Buy Ohio product; (3) Information to be submitted by bidders or offerors as to the nature of a product and the location where it is mined, excavated, produced, manufactured, raised, or grown; (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 goods 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 7984 7985 7986 7987 7988 7989 7990 7991 7992 7993 7994 7995 7996 7997 7998 7999 8000 8001 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 H. B. No. 96 Page 290 As Introduced 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 productsgoods, 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 goods 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 not be in the best interest of the state or is otherwise prohibited; (7) Criteria for applying a preference to bids and offers received from a certified veteran-friendly business enterprise; (8) 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 American Act," 41 U.S.C. 8301- 8305, as amended, and to the regulations adopted thereunder. Sec. 125.091. (A) As used in this section and sections 125.092 and 125.093 of the Revised Code: 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 8034 8035 8036 8037 8038 8039 8040 8041 H. B. No. 96 Page 291 As Introduced (A)(1) "Agricultural materials" means agricultural-based materials or residues, including plant, animal, and marine materials or residues, used in the manufacture of commercial or industrial nonfood products. (B)(2) "Biobased product" means a product, other than food or feed, determined by the secretary of the United States secretary department of agriculture (USDA) to be a commercial or industrial product, other than food or feed, that is composed, in whole or significant part,of the minimum biobased content as defined by the USDA biopreferred program of biological products, forestry materials, or renewable domestic agricultural materials, or forestry material, or is an intermediate ingredient or feedstockincluding plant, animal, or marine materials. (C)(3) "Biological products" means products derived from living materials other than agricultural or forestry materials. (D)(4) "Designated item" means a generic grouping category of biobased products identified in subpart B, 7 C.F.R. 2902.10 to 2902.42designated by the USDA biopreferred program. (E)(5) "Forest thinnings" means woody materials removed from a dense forest to improve growth, enhance forest health, or remove trees to recover potential mortality. (F)(6) "Forestry materials" means materials derived from the practice of planting and caring for forests and the management of growing timber where such materials come from short-rotation woody crops that are less than ten years old, sustainably managed forests, wood residues, or forest thinnings. (G)(7) "Intermediate ingredient or feedstock" means a material or compound made, in whole or in significant part, from 8042 8043 8044 8045 8046 8047 8048 8049 8050 8051 8052 8053 8054 8055 8056 8057 8058 8059 8060 8061 8062 8063 8064 8065 8066 8067 8068 8069 8070 H. B. No. 96 Page 292 As Introduced biological products, renewable agricultural materials, or forestry materials that are subsequently used to make a more complex compound or product. (H)(8) "Sustainably managed forests" means the practice of land stewardship that integrates the reforestation, management, growing, nurturing, and harvesting of trees for useful products while conserving soil and improving air and water quality, wildlife, fish habitat, and aesthetics. (B) The department of administrative services, state agencies, and state institutions of higher education shall purchase biobased products in accordance with this section, sections 125.01 to 125.11 of the Revised Code, and rules established by the director of administrative services in accordance with Chapter 119. of the Revised Code. (C) Excluding motor vehicle fuel, heating oil, and electricity, to qualify as a biobased product, a product shall be an item designated by the United States department of agriculture as either qualifying for mandatory federal purchasing or being certified through the federal voluntary labeling initiative. (1) For any biobased product being offered to a state agency or state institution of higher education, a supplier shall provide information to the state agency or state institution of higher education certifying that the product meets one or both requirements of this division. (2) When purchasing biobased products, a state institution of higher education shall purchase United States department of agriculture designated items in accordance with procedures established by the institution. 8071 8072 8073 8074 8075 8076 8077 8078 8079 8080 8081 8082 8083 8084 8085 8086 8087 8088 8089 8090 8091 8092 8093 8094 8095 8096 8097 8098 8099 H. B. No. 96 Page 293 As Introduced (D) By not later than December 30, 2025, the department of administrative services shall prepare and submit to the governor, the president of the senate, and the speaker of the house of representatives an annual report on the effectiveness of the biobased products preference program. Sec. 125.11. (A) Subject to division (B) of this section, contracts awarded pursuant to a reverse auction under section 125.072 of the Revised Code or pursuant to competitive sealed bidding, including contracts awarded under section 125.081 of the Revised Code, shall be awarded to the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code, and contracts awarded pursuant to a competitive sealed proposal shall be awarded to the offeror determined to be the most advantageous to this state. (B) Prior to awarding a contract under division (A) of this section, the department of administrative services or the state agency responsible for evaluating a contract for the purchase of products goods or services shall evaluate the bids and offers received according to the criteria and procedures established pursuant to division (B) of section 125.09 of the Revised Code for determining if a product is mined, excavated, produced, manufactured, raised, or grown in the United States, in this state, or in a state bordering Ohio, whether the bid or offer was received from a Buy Ohio supplier, and whether the bid or offer was received from a certified veteran-friendly business enterprise. These requirements shall be applied where sufficient competition can be generated to ensure that compliance with these requirements will be in the best interest of the state unless otherwise prohibited. (C) In order to ensure fair and impartial evaluation, 8100 8101 8102 8103 8104 8105 8106 8107 8108 8109 8110 8111 8112 8113 8114 8115 8116 8117 8118 8119 8120 8121 8122 8123 8124 8125 8126 8127 8128 8129 H. B. No. 96 Page 294 As Introduced materials relating to a solicitation through competitive selection shall not be considered public records under section 149.43 of the Revised Code until after the award of the contract based on the competitive selection. If all bids or proposals received in response to a solicitation through competitive selection are rejected, and notice is provided of an intent to reissue the solicitation through competitive selection, the materials relating to the original solicitation and the materials relating to the reissued solicitation shall not be considered public records under section 149.43 of the Revised Code until after the award of the contract based on the reissued solicitation through competitive selection. (D) Division (B) of this section applies to contracts for which competitive selection is waived by the controlling board. (D)(E) Division (B) of this section does not apply to the purchase by the division of liquor control of spirituous liquor. Sec. 125.13. (A) As used in this section: (1) "Emergency medical service organization" has the same meaning as in section 4765.01 of the Revised Code. (2) "Private fire company" has the same meaning as in section 9.60 of the Revised Code. (B) Whenever a state agency has excess or surplus supplies, it shall notify the director of administrative services. On forms provided by the director, the state agency shall furnish to the director a list of its excess and surplus supplies, including the location of the supplies and whether the supplies are currently in the agency's control. (C) Upon receipt of notification and at no cost to the state agency, the director of administrative services shall make 8130 8131 8132 8133 8134 8135 8136 8137 8138 8139 8140 8141 8142 8143 8144 8145 8146 8147 8148 8149 8150 8151 8152 8153 8154 8155 8156 8157 8158 H. B. No. 96 Page 295 As Introduced arrangements for their disposition and shall take immediate control of a state agency's excess and surplus supplies, except for the following excess and surplus supplies: (1) Excess or surplus supplies that have a value below the minimum value that the director establishes for excess and surplus supplies under division (F) of this section; (2) Excess or surplus supplies that the director has authorized an agency to donate to a governmental agency, including, but not limited to, public schools and surplus computers and computer equipment transferred to a public school under division (G) of this section; (3) Excess or surplus supplies that an agency trades in as full or partial payment when purchasing a replacement item; (4) Hazardous property; (5) Excess or surplus supplies that the director has authorized to be part of an interagency transfer; (6) Excess or surplus supplies that are donated under division (H) of this section. (D) The director shall inventory excess and surplus supplies in the director's control and post on a public web site a list of the supplies available for acquisition. The director may have the supplies repaired. The director shall not charge a fee for the collection or transportation of excess and surplus supplies. (E) The director may do any of the following: (1) Dispose of declared surplus or excess supplies in the director's control by sale, lease, donation, or transfer. If the director does so, the director shall dispose of those supplies 8159 8160 8161 8162 8163 8164 8165 8166 8167 8168 8169 8170 8171 8172 8173 8174 8175 8176 8177 8178 8179 8180 8181 8182 8183 8184 8185 8186 H. B. No. 96 Page 296 As Introduced in any of the following manners: (a) To state agencies or by interagency trade; (b) To state-supported or state-assisted institutions of higher education; (c) To tax-supported agencies, municipal corporations, or other political subdivisions of this state, private fire companies, or private, nonprofit emergency medical service organizations; (d) To nonpublic elementary and secondary schools chartered by the department of education and workforce under section 3301.16 of the Revised Code; (e) To a nonprofit organization that is both exempt from federal income taxation under 26 U.S.C. 501(a) and (c)(3) and that receives funds from the state or has a contract is registered and in good standing with the secretary of state as a domestic nonprofit or not-for-profit corporation; (f) To the general public by auction, sealed bid, sale, or negotiation. (2) If the director has attempted to dispose of any declared surplus or excess motor vehicle that does not exceed four thousand five hundred dollars in value pursuant to divisions (E)(1)(a) to (c) of this section, donate the motor vehicle to a nonprofit organization exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting the transportation needs of participants in the Ohio works first program established under Chapter 5107. of the Revised Code and participants in the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code. The director may not donate a motor vehicle 8187 8188 8189 8190 8191 8192 8193 8194 8195 8196 8197 8198 8199 8200 8201 8202 8203 8204 8205 8206 8207 8208 8209 8210 8211 8212 8213 8214 8215 H. B. No. 96 Page 297 As Introduced furnished to the state highway patrol to a nonprofit organization pursuant to this division. (F) The director may adopt rules governing the sale, lease, or transfer of surplus and excess supplies in the director's control by public auction, sealed bid, sale, or negotiation, except that no employee of the disposing agency shall be allowed to purchase, lease, or receive any such supplies. The director may dispose of declared surplus or excess supplies, including motor vehicles, in the director's control as the director determines proper if such supplies cannot be disposed of pursuant to division (E) of this section. The director shall by rule establish a minimum value for excess and surplus supplies and prescribe procedures for a state agency to follow in disposing of excess and surplus supplies in its control that have a value below the minimum value established by the director. (G) The director of administrative services may authorize any state agency to transfer surplus computers and computer equipment that are not needed by other state agencies directly to an accredited public school within the state. The computers and computer equipment may be repaired or refurbished prior to transfer. The state agency may charge a service fee to the public schools for the property not to exceed the direct cost of repairing or refurbishing it. The state agency shall deposit such funds into the account used for repair or refurbishment. (H) Excess and surplus supplies of food shall be exempt from this section and may be donated directly to nonprofit food pantries and institutions without notification to the director of administrative services. Sec. 125.18. (A) There is hereby established the office of 8216 8217 8218 8219 8220 8221 8222 8223 8224 8225 8226 8227 8228 8229 8230 8231 8232 8233 8234 8235 8236 8237 8238 8239 8240 8241 8242 8243 8244 8245 H. B. No. 96 Page 298 As Introduced 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. (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 goods and services; (3) Establish policies and standards for the 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; (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 8246 8247 8248 8249 8250 8251 8252 8253 8254 8255 8256 8257 8258 8259 8260 8261 8262 8263 8264 8265 8266 8267 8268 8269 8270 8271 8272 8273 8274 H. B. No. 96 Page 299 As Introduced 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; (5) Establish policies and procedures for the security of personal information that is maintained and destroyed by state agencies; (6) Employ a chief information security officer who is responsible for the implementation of the policies and procedures described in division (B)(5) of this section and for coordinating the implementation of those policies and procedures in all of the state agencies; (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; (8) Establish policies on the purchasing, use, and reimbursement for use of handheld computing and telecommunications devices by state agency employees; (9) Establish policies for the reduction of printing and for the increased use of electronic records by state agencies; (10) Establish policies for the reduction of energy consumption by state agencies; (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, and 8275 8276 8277 8278 8279 8280 8281 8282 8283 8284 8285 8286 8287 8288 8289 8290 8291 8292 8293 8294 8295 8296 8297 8298 8299 8300 8301 8302 8303 H. B. No. 96 Page 300 As Introduced enterprise applications 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, and 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. The enterprise applications fund is hereby created in the state treasury. (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; (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 8304 8305 8306 8307 8308 8309 8310 8311 8312 8313 8314 8315 8316 8317 8318 8319 8320 8321 8322 8323 8324 8325 8326 8327 8328 8329 8330 8331 8332 8333 H. B. No. 96 Page 301 As Introduced prepared a privacy impact statement for that system. (D) When a state agency requests a purchase of information technology supplies goods 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. (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 occupational licensing and regulatory fund 8334 8335 8336 8337 8338 8339 8340 8341 8342 8343 8344 8345 8346 8347 8348 8349 8350 8351 8352 8353 8354 8355 8356 8357 8358 8359 8360 8361 8362 8363 H. B. No. 96 Page 302 As Introduced created in section 4743.05 or the Revised Code. (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. (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, or the enterprise applications fund created in division (B)(11) of this 8364 8365 8366 8367 8368 8369 8370 8371 8372 8373 8374 8375 8376 8377 8378 8379 8380 8381 8382 8383 8384 8385 8386 8387 8388 8389 8390 8391 8392 8393 H. B. No. 96 Page 303 As Introduced section to the major information technology purchases fund in an amount not to exceed the amount computed under division (B)(11) of this section. The major information technology purchases fund is hereby created in the state treasury. (I) As used in this section: (1) "Personal information" has the same meaning as in section 149.45 of the Revised Code. (2) "State , "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. 125.183. (A) As used in this section: (1) "Covered application" means all of the following: (a) The TikTok application and service or any successor application or service developed or provided by ByteDance limited or an entity owned by ByteDance limited; (b) The WeChat application and service or any successor application or service developed or provided by Tencent holdings limited or an entity owned by Tencent holdings limited; 8394 8395 8396 8397 8398 8399 8400 8401 8402 8403 8404 8405 8406 8407 8408 8409 8410 8411 8412 8413 8414 8415 8416 8417 8418 8419 8420 8421 H. B. No. 96 Page 304 As Introduced (c) Any application or service owned by an entity located in China, including QQ International (QQi), Qzone, Weibo, Xiao HongShu, Zhihu, Meituan, Toutiao, Alipay, Xiami Music, Tiantian Music, DingTalkfDing Ding, Douban, RenRen, Youku/Tudou, Little Red Book, and Zhihuany application owned or controlled, directly or indirectly, by an entity identified as a foreign adversary as defined in 15 C.F.R. 791.2. (2) "State agency" means every organized body, office, or agency established by the laws of this state for the exercise of any function of state government, other than any state-supported institution of higher education, the courts, or any judicial agency. "State agency" includes the general assembly, any legislative agency, and the capitol square review and advisory board. (B) Subject to division (C) of this section, the state chief information officer shall do all of the following: (1) Require state agencies immediately to remove any covered application from all equipment they own or lease; (2) Prohibit all of the following on equipment owned or leased by a state agency: (a) The downloading, installation, or use of a covered application; (b) The downloading, installation, or use of a covered application using an internet connection provided by a state agency; (c) The downloading, installation, or use of a covered application by any officer, employee, or contractor of a state agency. 8422 8423 8424 8425 8426 8427 8428 8429 8430 8431 8432 8433 8434 8435 8436 8437 8438 8439 8440 8441 8442 8443 8444 8445 8446 8447 8448 8449 H. B. No. 96 Page 305 As Introduced (3) Require state agencies to take measures to prevent the downloading, installation, or use of a covered application as described in division (B)(2) of this section. (C) Division (B) of this section shall include exceptions to allow a qualified person to download, install, or use a covered application for law enforcement or security purposes, so long as the person takes appropriate measures to mitigate the security risks involved in doing so. Sec. 125.31. (A) The department of administrative services shall have supervision of all public printing except as follows: (1) Printing for the general assembly shall be the sole responsibility of the clerk of the senate and the clerk of the house of representatives unless the clerk of the senate or the clerk of the house of representatives chooses either of the options specified in section 101.523 or 101.524 of the Revised Code. (2) Printing for the Ohio arts council shall be under the supervision of the council. (3) Printing for the capitol square review and advisory board shall be under the supervision of the board. (4) Printing for state-supported institutions of higher education shall be under the supervision of the department of purchasing of each such institution or the department or officer within each institution that performs the functions of a department of purchasing. (B) The department of administrative services shall determine, except as otherwise specifically provided by law, the number of copies to be printed of each publication or document, the source of reproduction, the manner of binding, quality of 8450 8451 8452 8453 8454 8455 8456 8457 8458 8459 8460 8461 8462 8463 8464 8465 8466 8467 8468 8469 8470 8471 8472 8473 8474 8475 8476 8477 8478 H. B. No. 96 Page 306 As Introduced paper, the general kind, size, and spacing of type to be used in all reports, publications, bulletins, documents, or pamphlets printed at public expense. The department shall not use its authority to curtail the release of public information by any elected state official. (C) For the purposes of sections 125.31 to 125.76 of the Revised Code, all functions, powers, and duties assigned to the department of administrative services are considered to be assigned to the division of state printing within the department of administrative servicesDivision (B) of this section does not apply to printing contracts requiring special security paper, of a unique nature, if compliance will result in acquiring a disproportionately inferior product or a price that exceeds by more than five per cent the lowest price submitted on a non-Ohio bid. Sec. 125.42. (A) No agency, officer, board, or commission, except the clerk of the senate and the clerk of the house of representatives, shall print or cause to be printed at the public expense, any report, bulletin, document, or pamphlet, unless such report, bulletin, document, or pamphlet is first submitted to, and the printing thereof approved by, the department of administrative services. If the department approves the printing, it shall determine the form of such printing and the number of copies. If such approval is given, the department shall cause the same to be printed and bound as provided by sections 125.49, 125.51, and 125.56 of the Revised Code, except as otherwise provided by section 125.45 of the Revised Code; and when printed, such publications or forms shall be delivered to the ordering officer, board, commission, or department, or sold at a 8479 8480 8481 8482 8483 8484 8485 8486 8487 8488 8489 8490 8491 8492 8493 8494 8495 8496 8497 8498 8499 8500 8501 8502 8503 8504 8505 8506 8507 8508 H. B. No. 96 Page 307 As Introduced price not to exceed the total cost. (B) The department of administrative services annually shall set a maximum cost per page and a maximum total cost for the printing by any board, commission, council, or other public body of the state of any annual report or any other report that it is required by law to produce. No board, commission, council, or other public body of the state shall expend or incur the expenditure of any amount in excess of these maximum amounts without the prior approval of the department. This division does not apply to the general assembly or any court. Sec. 125.58. The department of administrative services shall promptly notify each successful offeror of the acceptance of the offeror's bid or proposal for state printing. If such offeror fails to execute the contract because of death or other cause, or if the offeror fails to execute the work required by the contract in a proper manner and with reasonable promptness, or the contract is abandoned, or its execution is temporarily suspended, the department may enter into a contract with another person for the prompt execution of the work for the lowest price which may be obtained. Before any work is relet in consequence of the misconduct or default of the contractor, the department shall give the contractor written notice thereof. The department of administrative services may set a daily penalty charge for late orders, provided the penalty schedule and amount are stated in the invitation to bid or request for proposals for the printing. Sec. 125.601. (A) The director of administrative services shall establish the office of procurement from community rehabilitation programs program within the procurement office of the department of administrative services. The director shall 8509 8510 8511 8512 8513 8514 8515 8516 8517 8518 8519 8520 8521 8522 8523 8524 8525 8526 8527 8528 8529 8530 8531 8532 8533 8534 8535 8536 8537 8538 H. B. No. 96 Page 308 As Introduced designate an employee of the department to serve as administrator of the officeprogram and shall adopt rules in accordance with Chapter 119. of the Revised Code for the effective and efficient administration of the program. (B) The community rehabilitation program shall do all of the following: (1) Establish procedures by which a nonprofit agency may apply for certification as a community rehabilitation program; (2) Establish criteria and procedures for the department to use to determine if a nonprofit agency qualifies for the community rehabilitation program; (3) Negotiate and enter into contractual agreements with qualified nonprofit agencies; (4) Establish, maintain, and periodically update a list of approved goods and services available from contracted qualified nonprofit agencies, and attempt to establish fair market pricing for each of the items on this list; (5) Monitor the procurement practices of state agencies to ensure compliance with this section and section 125.035 of the Revised Code; (6) Waive purchasing requirements for state agencies pursuant to section 125.035 of the Revised Code; (7) Structure or regulate competition among qualified nonprofit agencies for the overall benefit of the program. (C) Contracts established by the department and purchases made under this section are not subject to the competitive selection requirements of sections 125.05, 125.07, 125.071, and 125.072 of the Revised Code. 8539 8540 8541 8542 8543 8544 8545 8546 8547 8548 8549 8550 8551 8552 8553 8554 8555 8556 8557 8558 8559 8560 8561 8562 8563 8564 8565 8566 H. B. No. 96 Page 309 As Introduced (D) Purchases made by state agencies under this section shall be made pursuant to section 125.035 of the Revised Code. (E) Goods and services available from qualified nonprofit agencies shall be purchased at the fair market value established by the department. (1) If a fair market value has not been established, government ordering offices may negotiate purchase pricing with the qualified nonprofit agencies offering the needed goods or services. (2) The department may accept a purchase price negotiated between a government ordering office and a qualified nonprofit agency as the fair market price for goods or services. (F) The department may assess an administrative fee to all government ordering offices purchasing goods and services from qualified nonprofit agency contracts. At the department's discretion, this fee may either be billed directly to the government ordering offices or collected by qualified nonprofit agencies that will remit them to the department. (1) Any administrative fees collected and remitted by qualified nonprofit agencies shall be considered allowable expenses in addition to the product fair market price. (2) Fees collected shall be deposited in the state treasury to the credit of the general services fund created under section 125.15 of the Revised Code. (G) Nothing in this section shall be construed to prohibit the purchase of goods or services from a qualified nonprofit agency by a political subdivision that is not a government ordering office. 8567 8568 8569 8570 8571 8572 8573 8574 8575 8576 8577 8578 8579 8580 8581 8582 8583 8584 8585 8586 8587 8588 8589 8590 8591 8592 8593 8594 H. B. No. 96 Page 310 As Introduced (1) Purchases made under this section by a political subdivision, as defined in section 125.04 of the Revised Code, are exempt from any competitive selection procedures otherwise required by law. Purchases under this section shall be made from qualified nonprofit agencies or their approved agents. (2) A political subdivision may not purchase under division (C) of section 125.04 of the Revised Code, goods or services included on the list established by the department pursuant to division (B)(4) of this section. (H) The department of administrative services, on its own or pursuant to a request from a government ordering office, may release a government ordering office from compliance with this section if either of the following apply: (1) The department determines that compliance is not possible or not advantageous to the government ordering office; (2) Conditions prescribed in rules adopted under this section for granting a release are met. (I) Releases granted under division (H) of this section shall be in writing and shall specify the goods or services to which it applies, the period of time during which it is effective, and the reason for which it is granted. (J) Government ordering offices and qualified nonprofit agencies shall provide the necessary information and documentation requested by the department to enable the effective administration of the community rehabilitation program. (K) Not later than the thirtieth day of December, the department shall prepare and submit to the governor, the president of the senate, and the speaker of the house of 8595 8596 8597 8598 8599 8600 8601 8602 8603 8604 8605 8606 8607 8608 8609 8610 8611 8612 8613 8614 8615 8616 8617 8618 8619 8620 8621 8622 8623 H. B. No. 96 Page 311 As Introduced representatives, an annual report that identifies the number, types, and costs of purchases made by government ordering offices from qualified nonprofit agencies during the prior fiscal year. Sec. 126.10. (A) For the purposes of this section: (1) "Agency" has the same meaning as in section 111.15 of the Revised Code. (2) "State program" means any program, initiative, or service administered or overseen by an agency. (B) Notwithstanding any provision of law to the contrary or any rules adopted under it, if the federal government reduces, discontinues, pauses, or otherwise suspends any federal program that provides federal funds for any corresponding state program, such program may be reduced, discontinued, paused, or suspended. This shall include any contract, agreement, memorandum of understanding, or any other covenant entered into by the state that is dependent on federal funding. Sec. 126.14. The release of any money appropriated for the purchase of real estate shall be approved by the controlling board. The release of money appropriated for all other capital projects is also subject to the approval of the controlling board, except that the director of budget and management may approve the release of money appropriated for specific projects in accordance with the requirements of this section and except that the director of budget and management may approve the release of unencumbered capital balances, for a project to repair, remove, or prevent a public exigency declared to exist by the executive director of the Ohio facilities construction commission under section 123.10 of the Revised Code in the 8624 8625 8626 8627 8628 8629 8630 8631 8632 8633 8634 8635 8636 8637 8638 8639 8640 8641 8642 8643 8644 8645 8646 8647 8648 8649 8650 8651 8652 H. B. No. 96 Page 312 As Introduced amount designated in that declaration. Within sixty days after the effective date of any act appropriating money for capital projects, the director shall determine which appropriations are for general projects and which are for specific projects. Specific projects may include specific higher education projects that are to be funded from general purpose appropriations from the higher education improvement fund or the higher education improvement taxable fund created in section 154.21 of the Revised Code. Upon determining which projects are general and which are specific, the director shall submit to the controlling board a list that includes a brief description of and the estimated expenditures for each specific project. The release of money for any specific higher education projects that are to be funded from general purpose appropriations from the higher education improvement fund or the higher education improvement taxable fund but that are not included on the list, and the release of money for any specific higher education projects included on the list that will exceed the estimated expenditures by more than ten per cent, are subject to the approval of the controlling board. The director may create new appropriation items and make transfers of appropriations to them for specific higher education projects included on the list that are to be funded from general purpose appropriations for basic renovations that are made from the higher education improvement fund or the higher education improvement taxable fund. Sec. 126.141. Any request for release of capital appropriations by the director of budget and management or the controlling board for All capital facilities projects awarded on behalf of a state agency or institution of higher education 8653 8654 8655 8656 8657 8658 8659 8660 8661 8662 8663 8664 8665 8666 8667 8668 8669 8670 8671 8672 8673 8674 8675 8676 8677 8678 8679 8680 8681 8682 H. B. No. 96 Page 313 As Introduced shall contain a contingency reserve, the amount of which shall be determined by the public authority, for payment of unanticipated project expenses. Any amount deducted from the encumbrance for a contractor's contract as an assessment for liquidated damages shall be added to the encumbrance for the contingency reserve. Contingency reserve funds shall be used to pay costs resulting from unanticipated job conditions, to comply with rulings regarding building and other codes, to pay costs related to errors, omissions, or other deficiencies in contract documents, to pay costs associated with changes in the scope of work, to pay interest due on late payments, and to pay the costs of settlements and judgments related to the project. Any funds remaining upon completion of a project may, upon approval of the controlling board, be released for the use of the agency or instrumentality to which the appropriation was made for other capital facilities projects. Sec. 126.32. (A) Any officer of any state agency may authorize reimbursement for travel, including the costs of transportation, for lodging, and for meals to any person who is interviewing for a position that is classified in pay range 13 or above in schedule E-1 created by the director of administrative services under section 124.152 of the Revised Code or is classified in schedule E-2 created by the director of administrative services under section 124.152 of the Revised Code. (B) If a person is appointed to a position listed in section 121.03 of the Revised Code, to the position of chairperson of the industrial commission, adjutant general, chancellor of the Ohio board of regents, superintendent of public instruction, chairperson of the public utilities 8683 8684 8685 8686 8687 8688 8689 8690 8691 8692 8693 8694 8695 8696 8697 8698 8699 8700 8701 8702 8703 8704 8705 8706 8707 8708 8709 8710 8711 8712 H. B. No. 96 Page 314 As Introduced commission of Ohio, or director of the state lottery commission, to a position holding a fiduciary relationship to the governor, to a position of an appointing authority of the department of mental health and addiction services, developmental disabilities, or rehabilitation and correction, to a position of superintendent in the department of youth services, or to a position under section 122.05 of the Revised Code, and if that appointment requires a permanent change of residence, the appropriate state agency may reimburse the person for the person's actual and necessary expenses, including the cost of in-transit storage of household goods and personal effects, of moving the person and members of the person's immediate family residing in the person's household, and of moving their household goods and personal effects, to the person's new location. Until that person moves the person's permanent residence to the new location, but not for a period that exceeds thirty consecutive days, the state agency may reimburse the person for the person's temporary living expenses at the new location that the person has incurred on behalf of the person and members of the person's immediate family residing in the person's household. In addition, the state agency may reimburse that person for the person's travel expenses between the new location and the person's former residence during this period for a maximum number of trips specified by rule of the director of budget and management, but the state agency shall not reimburse the person for travel expenses incurred for those trips by members of the person's immediate family. With the prior written approval of the director, the maximum thirty-day period for temporary living expenses may be extended for a person appointed to a position under section 122.05 of the Revised Code. 8713 8714 8715 8716 8717 8718 8719 8720 8721 8722 8723 8724 8725 8726 8727 8728 8729 8730 8731 8732 8733 8734 8735 8736 8737 8738 8739 8740 8741 8742 8743 H. B. No. 96 Page 315 As Introduced The director of development services may reimburse a person appointed to a position under section 122.05 of the Revised Code for the person's actual and necessary expenses of moving the person and members of the person's immediate family residing in the person's household back to the United States and may reimburse a person appointed to such a position for the cost of storage of household goods and personal effects of the person and the person's immediate family while the person is serving outside the United States, if the person's office outside the United States is the person's primary job location. (C) All reimbursement under division (A) or (B) of this section shall be made in the manner, and at rates that do not exceed those, provided by rule of the director of budget and management in accordance with section 111.15 of the Revised Code. Reimbursements may be made under division (B) of this section directly to the persons who incurred the expenses or directly to the providers of goods or services the persons receive, as determined by the director of budget and management. Sec. 126.42. (A) Notwithstanding any provision of law to the contrary, the office of budget and management shall perform routine support for the following boards and commissions: (1) Architects board; (2) State chiropractic board; (3) State cosmetology and barber board; (4) Accountancy board; (5) State dental board; (6) Ohio occupational therapy, physical therapy, and athletic trainers board; 8744 8745 8746 8747 8748 8749 8750 8751 8752 8753 8754 8755 8756 8757 8758 8759 8760 8761 8762 8763 8764 8765 8766 8767 8768 8769 8770 8771 H. B. No. 96 Page 316 As Introduced (7) State board of registration for professional engineers and surveyors; (8) Board of embalmers and funeral directors; (9) State board of psychology; (10) Counselor, social worker, and marriage and family therapist board; (11) State veterinary medical licensing board; (12) Commission on Hispanic-Latino affairs; (13) Commission on African-Americans; (14) Chemical dependency professionals board; (15) State vision professionals board; (16) State speech and hearing professionals board; (17) New African immigrants commission. (B)(1) For purposes of this section, the office of budget and management shall perform the following routine support services for the boards and commissions named in division (A) of this section unless the controlling board exempts a board or commission from this requirement on the recommendation of the office of budget and management: (a) Preparing and processing payroll and other personnel documents; (b) Preparing and processing vouchers, purchase orders, encumbrances, and other accounting documents; (c) Maintaining ledgers of accounts and balances; (d) Preparing and monitoring budgets and allotment plans 8772 8773 8774 8775 8776 8777 8778 8779 8780 8781 8782 8783 8784 8785 8786 8787 8788 8789 8790 8791 8792 8793 8794 8795 8796 H. B. No. 96 Page 317 As Introduced in consultation with the boards and commissions; (e) Routine human resources and personnel services; (f) Other routine support services that the director of budget and management considers appropriate to achieve efficiency. (2) In addition to the routine support services listed in division (B)(1) of this section, the office of budget and management may perform other services which a board or commission named in division (A) of this section delegates to the office and the office accepts. (3) The office of budget and management may perform routine support services for any professional or occupational licensing board or commission not named in division (A) of this section at the request of the board or commission. (C) The office of budget and management shall determine the fees to be charged to the boards and commissions, which shall be in proportion to the services performed for each board or commission. Sec. 126.67. The targeted addiction assistance fund is created in the state treasury. The fund shall consist of all money awarded to the state by court order that is intended to address the effects of the opioid crisis, unless such money is specifically directed elsewhere by the court. Sec. 126.70. If the federal medical assistance percentage for medical assistance provided to members of the expansion eligibility group is set below ninety per cent, the department of medicaid shall immediately discontinue all medical assistance for members of the group. 8797 8798 8799 8800 8801 8802 8803 8804 8805 8806 8807 8808 8809 8810 8811 8812 8813 8814 8815 8816 8817 8818 8819 8820 8821 8822 8823 8824 H. B. No. 96 Page 318 As Introduced As used in this section, "expansion eligibility group" has the same meaning as in section 5163.01 of the Revised Code. Sec. 127.16. (A) Upon the request of either a state agency or the director of budget and management and after the controlling board determines that an emergency or a sufficient economic reason exists, the controlling board may approve the making of a purchase without competitive selection as provided in division (B) of this section. (B) Except as otherwise provided in this section, no state agency, using money that has been appropriated to it directly, shall: (1) Make any purchase from a particular supplier, that would amount to fifty thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for purchases made by the agency and the amount of all outstanding encumbrances for purchases made by the agency from the supplier, unless the purchase is made by competitive selection or with the approval of the controlling board; (2) Lease real estate from a particular supplier, if the lease would amount to seventy-five thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for real estate leases made by the agency and the amount of all outstanding encumbrances for real estate leases made by the agency from the supplier, unless the lease is made by competitive selection or with the approval of the controlling board. (C) Any person who authorizes a purchase in violation of division (B) of this section shall be liable to the state for any state funds spent on the purchase, and the attorney general 8825 8826 8827 8828 8829 8830 8831 8832 8833 8834 8835 8836 8837 8838 8839 8840 8841 8842 8843 8844 8845 8846 8847 8848 8849 8850 8851 8852 8853 H. B. No. 96 Page 319 As Introduced shall collect the amount from the person. (D) Nothing in division (B) of this section shall be construed as: (1) A limitation upon the authority of the director of transportation as granted in sections 5501.17, 5517.02, and 5525.14 of the Revised Code; (2) Applying to medicaid provider agreements under the medicaid program; (3) Applying to the purchase of examinations from a sole supplier by a state licensing board under Title XLVII of the Revised Code; (4) Applying to entertainment contracts for the Ohio state fair entered into by the Ohio expositions commission, provided that the controlling board has given its approval to the commission to enter into such contracts and has approved a total budget amount for such contracts as agreed upon by commission action, and that the commission causes to be kept itemized records of the amounts of money spent under each contract and annually files those records with the clerk of the house of representatives and the clerk of the senate following the close of the fair; (5) Limiting the authority of the chief of the division of mineral resources management to contract for reclamation work with an operator mining adjacent land as provided in section 1513.27 of the Revised Code; (6) Applying to investment transactions and procedures of any state agency, except that the agency shall file with the board the name of any person with whom the agency contracts to make, broker, service, or otherwise manage its investments, as 8854 8855 8856 8857 8858 8859 8860 8861 8862 8863 8864 8865 8866 8867 8868 8869 8870 8871 8872 8873 8874 8875 8876 8877 8878 8879 8880 8881 8882 H. B. No. 96 Page 320 As Introduced well as the commission, rate, or schedule of charges of such person with respect to any investment transactions to be undertaken on behalf of the agency. The filing shall be in a form and at such times as the board considers appropriate. (7) Applying to purchases made with money for the per cent for arts program established by section 3379.10 of the Revised Code; (8) Applying to purchases made by the opportunities for Ohioans with disabilities agency of goods or services, or supplies, that are provided to persons with disabilities, or to purchases made by the agency in connection with the eligibility determinations it makes for applicants of programs administered by the social security administration; (9) Applying to payments by the department of medicaid under section 5164.85 of the Revised Code for group health plan premiums, deductibles, coinsurance, and other cost-sharing expenses; (10) Applying to any agency of the legislative branch of the state government; (11) Applying to agreements or contracts entered into under section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code; (12) Applying to purchases of services by the adult parole authority under section 2967.14 of the Revised Code or by the department of youth services under section 5139.08 of the Revised Code; (13) Applying to dues or fees paid for membership in an organization or association; 8883 8884 8885 8886 8887 8888 8889 8890 8891 8892 8893 8894 8895 8896 8897 8898 8899 8900 8901 8902 8903 8904 8905 8906 8907 8908 8909 8910 H. B. No. 96 Page 321 As Introduced (14) Applying to purchases of utility services pursuant to section 9.30 of the Revised Code; (15) Applying to purchases made in accordance with rules adopted by the department of administrative services of motor vehicle, aviation, or watercraft fuel, or emergency repairs of such vehicles; (16) Applying to purchases of tickets for passenger air transportation; (17) Applying to purchases necessary to provide public notifications required by law or to provide notifications of job openings; (18) Applying to the judicial branch of state government; (19) Applying to purchases of liquor for resale by the division of liquor control; (20) Applying to purchases of motor courier and freight services made in accordance with department of administrative services rules; (21) Applying to purchases from the United States postal service and purchases of stamps and postal meter replenishment from vendors at rates established by the United States postal service; (22) Applying to purchases of books, periodicals, pamphlets, newspapers, maintenance subscriptions, and other published materials; (23) Applying to purchases from other state agencies, including state-assisted institutions of higher education or the Ohio history connection; 8911 8912 8913 8914 8915 8916 8917 8918 8919 8920 8921 8922 8923 8924 8925 8926 8927 8928 8929 8930 8931 8932 8933 8934 8935 8936 8937 H. B. No. 96 Page 322 As Introduced (24) Applying to purchases from a qualified nonprofit agency pursuant to sections 125.60 to 125.6012 section 125.601 or 4115.31 to 4115.35 of the Revised Code; (25) Applying to payments by the department of job and family services to the United States department of health and human services for printing and mailing notices pertaining to the tax refund offset program of the internal revenue service of the United States department of the treasury; (26) Applying to contracts entered into by the department of developmental disabilities under section 5123.18 of the Revised Code; (27) Applying to payments made by the department of mental health and addiction services under a physician recruitment program authorized by section 5119.185 of the Revised Code; (28) Applying to contracts entered into with persons by the director of commerce for unclaimed funds collection and remittance efforts as provided in division (G) of section 169.03 of the Revised Code. The director shall keep an itemized accounting of unclaimed funds collected by those persons and amounts paid to them for their services. (29) Applying to purchases made by a state institution of higher education in accordance with the terms of a contract between the vendor and an inter-university purchasing group comprised of purchasing officers of state institutions of higher education; (30) Applying to the department of medicaid's purchases of health assistance services under the children's health insurance program; (31) Applying to payments by the attorney general from the 8938 8939 8940 8941 8942 8943 8944 8945 8946 8947 8948 8949 8950 8951 8952 8953 8954 8955 8956 8957 8958 8959 8960 8961 8962 8963 8964 8965 8966 H. B. No. 96 Page 323 As Introduced reparations fund to hospitals and other emergency medical facilities for performing medical examinations to collect physical evidence pursuant to section 2907.28 of the Revised Code; (32) Applying to contracts with a contracting authority or administrative receiver under division (B) of section 5126.056 of the Revised Code; (33) Applying to purchases of goods and services by the department of veterans services in accordance with the terms of contracts entered into by the United States department of veterans affairs; (34) Applying to payments by the superintendent of the bureau of criminal identification and investigation to the federal bureau of investigation for criminal records checks pursuant to section 109.572 of the Revised Code; (35) Applying to contracts entered into by the department of medicaid under section 5164.47 of the Revised Code; (36) Applying to contracts entered into under section 5160.12 of the Revised Code; (37) Applying to payments to the Ohio history connection from other state agencies. (E) When determining whether a state agency has reached the cumulative purchase thresholds established in divisions (B) (1) and (2) of this section, the following purchases by such agency shall not be considered: (1) Purchases made through competitive selection or with controlling board approval; (2) Purchases listed in division (D) of this section; 8967 8968 8969 8970 8971 8972 8973 8974 8975 8976 8977 8978 8979 8980 8981 8982 8983 8984 8985 8986 8987 8988 8989 8990 8991 8992 8993 8994 H. B. No. 96 Page 324 As Introduced (3) For the purposes of the threshold of division (B)(1) of this section only, leases of real estate. (F) A state agency, when exercising direct purchasing authority under this section, shall utilize a selection process that complies with all applicable laws, rules, or regulations of the department of administrative services. (G) As used in this section, "competitive selection," "direct purchasing authority," "goods," "purchase," "supplies," and "services" have the same meanings as in section 125.01 of the Revised Code. Sec. 128.021. (A) Not later than January 1, 2014, and in accordance with Chapter 119. of the Revised Code, the steering committee shall adopt rules that establish technical and operational standards for public safety answering points eligible to receive disbursements under section 128.55 of the Revised Code. The rules shall incorporate industry standards and best practices for 9-1-1 services. Public safety answering points shall comply with the standards not later than two years after the effective date of the rules adopting the standards. A public safety answering point may be deemed compliant with rules for minimum staffing standards, if it can demonstrate compliance with all other rules for operational standards. (B) Not later than one year after September 29, 2015, and in accordance with Chapter 119. of the Revised Code, the steering committee shall conduct an assessment of the operational standards for public safety answering points developed under division (A) of this section and revise the standards as necessary to ensure that the operational standards contain the following: 8995 8996 8997 8998 8999 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 H. B. No. 96 Page 325 As Introduced (1) Policies to ensure that public safety answering point personnel prioritize life-saving questions in responding to each call to a 9-1-1 system established under this chapter; (2) A requirement that all public safety answering point personnel complete proper training or provide proof of prior training to give instructions regarding emergency situations. (C) Upon the effective date of the amendments to this section by this act H.B. 33 of the 135th general assembly, October 3, 2023, all public safety answering points that answer 9-1-1 calls for service from wireless services shall be subject to the public safety answering point operations rules. Public safety answering points not originally required to be compliant shall comply with the standards not later than two years after the effective date of the amendments to this section by this act H.B. 33 of the 135th general assembly, October 3, 2023. Sec. 128.46. (A)(1) An entity required to collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code shall, on or before the twenty-third day of each month, except as provided in divisions (A)(2) and (3) of this section, do both of the following: (a) Make and file a return for the preceding month, in the form prescribed by the tax commissioner, showing the amount of the charges or fees due for that month; (b) Remit the full amount due, as shown on the return, with the exception of charges or fees equivalent to the amount authorized as a collection fee under division (B) of this section. (2) The commissioner may grant one or more thirty-day 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 H. B. No. 96 Page 326 As Introduced extensions for making and filing returns and remitting amounts due. (3) If a seller is required to collect prepaid wireless 9- 1-1 charges under section 128.40 of the Revised Code or next generation 9-1-1 access fees under section 128.421 of the Revised Code in amounts that do not merit monthly returns, the commissioner may authorize the seller to make and file returns less frequently. The commissioner shall ascertain whether this authorization is warranted upon the basis of administrative costs to the state. (B) A wireless service provider, reseller, and seller may each retain as a collection fee three per cent of the total wireless 9-1-1 charges required to be collected under sections 128.40, 128.41, and 128.42 of the Revised Code, and shall account to the tax commissioner for the amount retained. (C) The return required under division (A)(1)(a) of this section shall be filed electronically using the Ohio business gateway, as defined in section 718.01 of the Revised Code, or any other electronic means prescribed by the tax commissioner. Remittance of the amount due shall be made electronically in a manner approved by the commissioner. An entity required to file the return may apply to the commissioner on a form prescribed by the commissioner to be excused from either electronic requirement of this division. For good cause shown, the commissioner may excuse the entity from either or both of the requirements and may permit the entity to file returns or make remittances by nonelectronic means. (D)(1) Each subscriber or consumer on which a wireless 9- 1-1 charge is imposed under section 128.40 of the Revised Code or on which a next generation 9-1-1 access fee is imposed under 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080 9081 9082 H. B. No. 96 Page 327 As Introduced section 128.41 or 128.42 of the Revised Code is liable to the state for the amount of the charge. (2) An entity required to collect the wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code is liable to the state for any amount that was required to be collected but that was not remitted, regardless of whether the amount was collected. (3) No provider of a prepaid wireless calling service shall be liable to the state for any wireless 9-1-1 charge imposed under section 128.40 of the Revised Code or any next generation 9-1-1 access fee imposed under section 128.42 of the Revised Code that was not collected or remitted. (E)(1) If the tax commissioner has reason to believe that an entity required to collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code has failed to bill, collect, or remit the charge or fee as required by this section and sections 128.40 to 128.422 of the Revised Code or has retained more than the amount authorized under division (B) of this section, and after written notice to the entity, the tax commissioner may audit the entity for the sole purpose of making such a determination. The audit may include, but is not limited to, a sample of the entity's billings, collections, remittances, or retentions for a representative period, and the tax commissioner shall make a good faith effort to reach agreement with the entity in selecting that sample. (2) Upon written notice to the entity, the tax commissioner, after completion of the audit, may make an 9083 9084 9085 9086 9087 9088 9089 9090 9091 9092 9093 9094 9095 9096 9097 9098 9099 9100 9101 9102 9103 9104 9105 9106 9107 9108 9109 9110 9111 9112 H. B. No. 96 Page 328 As Introduced assessment against the entity if, pursuant to the audit, the tax commissioner determines that the entity has failed to bill, collect, or remit the charge or fee as required by sections 128.40 to 128.422 of the Revised Code or has retained more than the amount authorized under division (B) of this section. The assessment shall be in the amount of any remittance that was due and unpaid on the date notice of the audit was sent by the tax commissioner to the entity or, as applicable, in the amount of the excess amount under division (B) of this section retained by the entity as of that date. (3) The portion of any assessment consisting of charges or fees due and not paid within sixty days after the date that the assessment was made under division (E)(2) of this section shall bear interest from that date until paid at the rate per annum prescribed by section 5703.47 of the Revised Code. That interest may be collected by making an assessment under division (E)(2) of this section. (4) Unless the entity assessed files with the tax commissioner within sixty days after service of the notice of assessment, either personally or by certified mail, a written petition for reassessment, signed by the entity assessed or that entity's authorized agent having knowledge of the facts, the assessment shall become final and the amount of the assessment shall be due and payable from the entity assessed to the treasurer of state, for deposit to the next generation 9-1-1 fund, which is created under section 128.54 of the Revised Code. The petition shall indicate the objections of the entity assessed, but additional objections may be raised in writing if received by the commissioner prior to the date shown on the final determination. If the petition has been properly filed, the commissioner shall proceed under section 5703.60 of the 9113 9114 9115 9116 9117 9118 9119 9120 9121 9122 9123 9124 9125 9126 9127 9128 9129 9130 9131 9132 9133 9134 9135 9136 9137 9138 9139 9140 9141 9142 9143 H. B. No. 96 Page 329 As Introduced Revised Code. (5) After an assessment becomes final, if any portion of the assessment remains unpaid, including accrued interest, a certified copy of the final assessment may be filed in the office of the clerk of the court of common pleas in the county in which the business of the assessed entity is conducted. If the entity assessed maintains no place of business in this state, the certified copy of the final assessment may be filed in the office of the clerk of the court of common pleas of Franklin county. Immediately upon the filing, the clerk shall enter a judgment for the state against the assessed entity in the amount shown on the final assessment. The judgment may be filed by the clerk in a loose-leaf book entitled "special judgments for 9-1-1 charges and fees" and shall have the same effect as other judgments. The judgment shall be executed upon the request of the tax commissioner. (6) If the commissioner determines that the commissioner erroneously has refunded a 9-1-1 charge or fee to any person, the commissioner may make an assessment against that person for recovery of the erroneously refunded charge. (7) An assessment under division (E) of this section does not discharge a subscriber's or consumer's liability to reimburse the entity for a 9-1-1 charge or fee. If, after the date of service of the audit notice under division (E)(1) of this section, a subscriber or consumer pays a 9-1-1 charge or fee for the period covered by the assessment, the payment shall be credited against the assessment. Sec. 128.99. (A) Whoever violates division (F) of section 128.96 of the Revised Code is guilty of a misdemeanor of the fourth degree. 9144 9145 9146 9147 9148 9149 9150 9151 9152 9153 9154 9155 9156 9157 9158 9159 9160 9161 9162 9163 9164 9165 9166 9167 9168 9169 9170 9171 9172 9173 H. B. No. 96 Page 330 As Introduced (B) Whoever violates division (G) or (H) of section 128.96 or division (B)(2) of section 128.60 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a felony of the fifth degree on each subsequent offense. (C) If a wireless service provider, reseller, or seller violates division (A)(1)(a) of section 128.46 of the Revised Code, and does not comply with any extensions granted under division (A)(2) of that section, the tax commissioner may impose a late-filing penalty of not more than the greater of fifty dollars or five per cent of the amount required to be remitted as described in division (B)(1)(b) of that section. (D) If a wireless service provider, reseller, or seller fails to comply with division (A)(1)(b) of section 128.46 of the Revised Code, the tax commissioner may impose a late-payment penalty of not more than the greater of fifty dollars or five per cent of the wireless 9-1-1 charge required to be remitted for the reporting period minus any partial remittance made on or before the due date, including any extensions granted under division (A)(2) of section 128.46 of the Revised Code. (E) The tax commissioner may impose an assessment penalty of not more than the greater of one hundred dollars or thirty- five per cent of the wireless 9-1-1 charges due after the tax commissioner notifies the person of an audit, an examination, a delinquency, assessment, or other notice that additional wireless 9-1-1 charges are due. (F) If a wireless service provider, reseller, or seller fails to comply with either electronic requirement of division (C) of section 128.46 of the Revised Code, the tax commissioner may impose an electronic penalty, for either or both failures to comply, of not more than the lesser of the following: 9174 9175 9176 9177 9178 9179 9180 9181 9182 9183 9184 9185 9186 9187 9188 9189 9190 9191 9192 9193 9194 9195 9196 9197 9198 9199 9200 9201 9202 9203 H. B. No. 96 Page 331 As Introduced (1) The greater of one hundred dollars or ten per cent of the amount required to be, but not, remitted electronically; (2) Five thousand dollars. (G) Each penalty described in divisions (C) to (F) of this section is in addition to any other penalty described in those divisions. The tax commissioner may abate all or any portion of any penalty described in those divisions. (H) An operator in violation of section 128.24 of the Revised Code may be assessed a fine of up to five thousand dollars per offense. (I)(1) If a business service user fails to comply with section 128.241 of the Revised Code without being exempt under section 128.242 of the Revised Code, the 9-1-1 steering committee shall request the attorney general to bring an action to recover one of the following amounts from the user: (a) One thousand dollars for an initial failure; (b) Up to five thousand dollars for each subsequent failure within each continuing six-month period in which the user remains noncompliant. (2) Any funds recovered under division (I)(1) of this section shall be deposited into the next generation 9-1-1 fund created under section 128.54 of the Revised Code. (3) Divisions (I)(1) and (2) of this section shall not apply if they are preempted by or in conflict with federal law. Sec. 131.01. As used in Chapters 113., 117., 123., 124., 125., 126., 127., and 131. of the Revised Code, and any statute that uses the terms in connection with state accounting or budgeting: 9204 9205 9206 9207 9208 9209 9210 9211 9212 9213 9214 9215 9216 9217 9218 9219 9220 9221 9222 9223 9224 9225 9226 9227 9228 9229 9230 9231 H. B. No. 96 Page 332 As Introduced (A) "Account" means any record, element, or summary in which financial transactions are identified and recorded as debit or credit transactions in order to summarize items of a similar nature or classification. (B) "Accounting procedure" means the arrangement of all processes which discover, record, and summarize financial information to produce financial statements and reports and to provide internal control. (C) "Accounting system" means the total structure of records and procedures which discover, record, classify, and report information on the financial position and operations of a governmental unit or any of its funds and organizational components. (D) "Allocation" means a portion of an appropriation which is designated for expenditure by specific organizational units or for special purposes, activities, or objects that do not relate to a period of time. (E) "Allotment" means all or part of an appropriation which may be encumbered or expended within a specific period of time. (F) "Appropriation" means an authorization granted by the general assembly to make expenditures and to incur obligations for specific purposes. (G) "Assets" means resources owned, controlled, or otherwise used or held by the state which have monetary value. (H) "Budget" means the plan of financial operation embodying an estimate of proposed expenditures and obligations for a given period and the proposed means of financing them. 9232 9233 9234 9235 9236 9237 9238 9239 9240 9241 9242 9243 9244 9245 9246 9247 9248 9249 9250 9251 9252 9253 9254 9255 9256 9257 9258 9259 H. B. No. 96 Page 333 As Introduced (I) "Check" means a negotiable financial instrument, payable upon demand, directing a financial institution to transfer money from the payer's account to the payee. (J) "Direct deposit" is a form of electronic funds transfer in which money is electronically deposited into the account of a person or entity at a financial institution. (J)(K) "Disbursement" means a payment made for any purpose. (K)(L) "Electronic benefit transfer" means the electronic delivery of benefits through automated teller machines, point of sale terminals, or other electronic media pursuant to section 5101.33 of the Revised Code. (L)(M) "Electronic funds transfer" means the electronic movement of funds via automated clearing house or wire transfer. (M)(N) "Encumbrancing document" means a document reserving all or part of an appropriation. (N)(O) "Expenditure" means a reduction of the balance of an appropriation after legal requirements have been met. (O)(P) "Fund" means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources, together with all related liabilities, obligations, reserves, and fund balances which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special rules, restrictions, or limitations. (P)(Q) "Lapse" means the automatic termination of an appropriation at the end of the fiscal period for which it was appropriated. 9260 9261 9262 9263 9264 9265 9266 9267 9268 9269 9270 9271 9272 9273 9274 9275 9276 9277 9278 9279 9280 9281 9282 9283 9284 9285 9286 9287 H. B. No. 96 Page 334 As Introduced (Q)(R) "Reappropriation" means an appropriation of a previous appropriation that is continued in force in a succeeding appropriation period. "Reappropriation" shall be equated with and incorporated in the term "appropriation." (R)(S) "Stored value card" means a payment card that may have money loaded and stored on the card and accessed through automated teller machines, point of sale terminals, or other electronic media. "Stored value card" does not include any payment card linked to, and that can access money in, an external account maintained by a financial institution. (S)(T) "Voucher" means the document used to transmit a claim for payment and evidentiary matter related to the claim. (T)(U) "Warrant" means an order drawn upon the treasurer of state by the director of budget and management, or an authorized person at a state entity that has a custodial account in the custody of the treasurer of state, directing the treasurer of state to pay a specified amount to one or more specified payees. A variety of payment instruments may be used, including but not limited to paper warrants or checks, stored value cards, direct deposit to the payee's bank account, or the drawdown of funds by electronic benefit transfer, and the resulting electronic transfer to or by the ultimate payees. The terms defined in this section shall be used, on all accounting forms, reports, formal rules, and budget requests produced by a state agency, only as defined in this section. Sec. 131.50. (A) As used in this section, "state agency" has the same meaning as in section 155.30 of the Revised Code. (B) There is hereby created in the state treasury the state land royalty fund consisting of money credited to it under 9288 9289 9290 9291 9292 9293 9294 9295 9296 9297 9298 9299 9300 9301 9302 9303 9304 9305 9306 9307 9308 9309 9310 9311 9312 9313 9314 9315 9316 H. B. No. 96 Page 335 As Introduced section 155.33 of the Revised Code. Any investment proceeds earned on money in the fund shall be credited to the fund. (B)(1)(C)(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. 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 Upon request from a state agency entitled to receive revenue in accordance with this section, the director of budget and management, shall disburse money transfer cash 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 fundthis section or as otherwise designated. 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) As used in this section, "state agency" has the same meaning as in section 155.30 of the Revised Code.(D)(1) The natural resources land royalty fund is created in the state 9317 9318 9319 9320 9321 9322 9323 9324 9325 9326 9327 9328 9329 9330 9331 9332 9333 9334 9335 9336 9337 9338 9339 9340 9341 9342 9343 9344 9345 9346 H. B. No. 96 Page 336 As Introduced treasury. The fund shall consist of money credited to it under division (C) of this section for leased mineral rights on land owned or controlled by the department of natural resources. All investment earnings of the fund shall be credited to the fund. (2) The transportation land royalty fund is created in the state treasury. The fund shall consist of money credited to it under division (C) of this section for leased mineral rights on land owned or controlled by the department of transportation. All Investment earnings of the fund shall be credited to the fund. Sec. 131.51. (A) On or before the seventh day of each month, the director of budget and management shall credit to the local government fund one and seven-tenths seventy-five one- hundredths per cent of the total tax revenue credited to the general revenue fund during the preceding month. In determining the total tax revenue credited to the general revenue fund during the preceding month, the director shall include amounts transferred from the fund during the preceding month under this division and division (B) of this section. Money shall be distributed from the local government fund as required under sections 5747.50 and 5747.503 of the Revised Code during the same month in which it is credited to the fund. (B) On or before the seventh day of each month, the director of budget and management shall credit to the public library fund one and seven-tenths seventy-five one-hundredths per cent of the total tax revenue credited to the general revenue fund during the preceding month. In determining the total tax revenue credited to the general revenue fund during the preceding month, the director shall include amounts transferred from the fund during the preceding month under this 9347 9348 9349 9350 9351 9352 9353 9354 9355 9356 9357 9358 9359 9360 9361 9362 9363 9364 9365 9366 9367 9368 9369 9370 9371 9372 9373 9374 9375 9376 H. B. No. 96 Page 337 As Introduced division and division (A) of this section. Money shall be distributed from the public library fund as required under section 5747.47 of the Revised Code during the same month in which it is credited to the fund. (C) The director of budget and management shall develop a schedule identifying the specific tax revenue sources to be used to make the monthly transfers required under divisions (A) and (B) of this section. The director may, from time to time, revise the schedule as the director considers necessary. Sec. 135.01. Except as otherwise provided in sections 135.14, 135.143, 135.181, and 135.182 of the Revised Code, as used in sections 135.01 to 135.21 of the Revised Code: (A) "Active deposit" means a public deposit necessary to meet current demands on the treasury, or on a fund that is in the custody of the treasurer of state but not part of the state treasury, and that is deposited in any of the following: (1) A commercial account that is payable or withdrawable, in whole or in part, on demand; (2) A negotiable order of withdrawal account as authorized in the "Consumer Checking Account Equity Act of 1980," 94 Stat. 146, 12 U.S.C.A. 1832(a); (3) A money market deposit account as authorized in the "Garn-St. Germain Depository Institutions Act of 1982," 96 Stat. 1501, 12 U.S.C. 3503. (B) "Auditor" includes the auditor of state and the auditor, or officer exercising the functions of an auditor, of any subdivision. (C) "Capital funds" means the sum of the following: the 9377 9378 9379 9380 9381 9382 9383 9384 9385 9386 9387 9388 9389 9390 9391 9392 9393 9394 9395 9396 9397 9398 9399 9400 9401 9402 9403 9404 H. B. No. 96 Page 338 As Introduced par value of the outstanding common capital stock, the par value of the outstanding preferred capital stock, the aggregate par value of all outstanding capital notes and debentures, and the surplus. In the case of an institution having offices in more than one county, the capital funds of such institution, for the purposes of sections 135.01 to 135.21 of the Revised Code, relative to the deposit of the public moneys of the subdivisions in one such county, shall be considered to be that proportion of the capital funds of the institution that is represented by the ratio that the deposit liabilities of such institution originating at the office located in the county bears to the total deposit liabilities of the institution. (D) "Governing board" means, in the case of the state, the state board of deposit; in the case of all school districts and educational service centers except as otherwise provided in this section, the board of education or governing board of a service center, and when the case so requires, the board of commissioners of the sinking fund; in the case of a municipal corporation, the legislative authority, and when the case so requires, the board of trustees of the sinking fund; in the case of a township, the board of township trustees; in the case of a union or joint institution or enterprise of two or more subdivisions not having a treasurer, the board of directors or trustees thereof; and in the case of any other subdivision electing or appointing a treasurer, the directors, trustees, or other similar officers of such subdivision. The governing board of a subdivision electing or appointing a treasurer shall be the governing board of all other subdivisions for which such treasurer is authorized by law to act. In the case of a county school financing district that levies a tax pursuant to section 5705.215 of the Revised Code, the county board of education that 9405 9406 9407 9408 9409 9410 9411 9412 9413 9414 9415 9416 9417 9418 9419 9420 9421 9422 9423 9424 9425 9426 9427 9428 9429 9430 9431 9432 9433 9434 9435 H. B. No. 96 Page 339 As Introduced serves as its taxing authority shall operate as a governing board. Any other county board of education shall operate as a governing board unless it adopts a resolution designating the board of county commissioners as the governing board for the county school district. (E) "Inactive deposit" means a public deposit other than an interim deposit or an active deposit. (F) "Interim deposit" means a deposit of interim moneys. "Interim moneys" means public moneys in the treasury of any subdivision after the award of inactive deposits has been made in accordance with section 135.07 of the Revised Code, which moneys are in excess of the aggregate amount of the inactive deposits as estimated by the governing board prior to the period of designation and which the governing board finds should not be deposited as active or inactive deposits for the reason that such moneys will not be needed for immediate use but will be needed before the end of the period of designation. In the case of the state treasury, "interim moneys" means public moneys that are not active deposits and may be invested in accordance with section 135.143 of the Revised Code. (G) "Permissible rate of interest" means a rate of interest that all eligible institutions mentioned in section 135.03 of the Revised Code are permitted to pay by law or valid regulations. (H) "Warrant clearance account" means an account established by the treasurer of state for either of the following purposes: (a)(1) The deposit of active state moneys for the purposes of clearing state paper warrants or checks through the banking 9436 9437 9438 9439 9440 9441 9442 9443 9444 9445 9446 9447 9448 9449 9450 9451 9452 9453 9454 9455 9456 9457 9458 9459 9460 9461 9462 9463 9464 H. B. No. 96 Page 340 As Introduced system, funding electronic benefit transfer cards, issuing stored value cards, or otherwise facilitating the settlement of state obligations; (b)(2) The deposit of custodial moneys from an account held in the custody of the treasurer of state to facilitate settlement of obligations of the custodial fund. (I) "Public deposit" means public moneys deposited in a public depository pursuant to sections 135.01 to 135.21 of the Revised Code. (J) "Public depository" means an institution which receives or holds any public deposits. (K) "Public moneys" means all moneys in the treasury of the state or any subdivision of the state, or moneys coming lawfully into the possession or custody of the treasurer of state or of the treasurer of any subdivision. "Public moneys of the state" includes all such moneys coming lawfully into the possession of the treasurer of state; and "public moneys of a subdivision" includes all such moneys coming lawfully into the possession of the treasurer of the subdivision. (L) "Subdivision" means any municipal corporation, except one which has adopted a charter under Article XVIII, Ohio Constitution, and the charter or ordinances of the chartered municipal corporation set forth special provisions respecting the deposit or investment of its public moneys, or any school district or educational service center, a county school financing district, township, municipal or school district sinking fund, special taxing or assessment district, or other district or local authority electing or appointing a treasurer, except a county. In the case of a school district or educational 9465 9466 9467 9468 9469 9470 9471 9472 9473 9474 9475 9476 9477 9478 9479 9480 9481 9482 9483 9484 9485 9486 9487 9488 9489 9490 9491 9492 9493 H. B. No. 96 Page 341 As Introduced service center, special taxing or assessment district, or other local authority for which a treasurer, elected or appointed primarily as the treasurer of a subdivision, is authorized or required by law to act as ex officio treasurer, the subdivision for which such a treasurer has been primarily elected or appointed shall be considered to be the "subdivision." The term also includes a union or joint institution or enterprise of two or more subdivisions, that is not authorized to elect or appoint a treasurer, and for which no ex officio treasurer is provided by law. (M) "Treasurer" means, in the case of the state, the treasurer of state and in the case of any subdivision, the treasurer, or officer exercising the functions of a treasurer, of such subdivision. In the case of a board of trustees of the sinking fund of a municipal corporation, the board of commissioners of the sinking fund of a school district, or a board of directors or trustees of any union or joint institution or enterprise of two or more subdivisions not having a treasurer, such term means such board of trustees of the sinking fund, board of commissioners of the sinking fund, or board of directors or trustees. (N) "Treasury investment board" of a municipal corporation means the mayor or other chief executive officer, the village solicitor or city director of law, and the auditor or other chief fiscal officer. (O) "No-load money market mutual fund" means a no-load money market mutual fund to which all of the following apply: (1) The fund is registered as an investment company under the "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1 to 80a-64; 9494 9495 9496 9497 9498 9499 9500 9501 9502 9503 9504 9505 9506 9507 9508 9509 9510 9511 9512 9513 9514 9515 9516 9517 9518 9519 9520 9521 9522 9523 H. B. No. 96 Page 342 As Introduced (2) The fund has the highest letter or numerical rating provided by at least one nationally recognized statistical rating organization; (3) The fund does not include any investment in a derivative. As used in division (O)(3) of this section, "derivative" means a financial instrument or contract or obligation whose value or return is based upon or linked to another asset or index, or both, separate from the financial instrument, contract, or obligation itself. Any security, obligation, trust account, or other instrument that is created from an issue of the United States treasury or is created from an obligation of a federal agency or instrumentality or is created from both is considered a derivative instrument. An eligible investment described in section 135.14 or 135.35 of the Revised Code with a variable interest rate payment, based upon a single interest payment or single index comprised of other investments provided for in division (B)(1) or (2) of section 135.14 of the Revised Code, is not a derivative, provided that such variable rate investment has a maximum maturity of two years. (P) "Public depositor" means the state or a subdivision, as applicable, that deposits public moneys in a public depository pursuant to sections 135.01 to 135.21 of the Revised Code. (Q) "Uninsured public deposit" means the portion of a public deposit that is not insured by the federal deposit insurance corporation or by any other agency or instrumentality of the federal government. Sec. 135.03. (A) As used in this section, "banking office" has the same meaning as in section 1101.01 of the Revised Code. 9524 9525 9526 9527 9528 9529 9530 9531 9532 9533 9534 9535 9536 9537 9538 9539 9540 9541 9542 9543 9544 9545 9546 9547 9548 9549 9550 9551 9552 9553 H. B. No. 96 Page 343 As Introduced (B) Any national bank, any bank doing business under authority granted by the superintendent of financial institutions, or any bank doing business under authority granted by the regulatory authority of another state of the United States, and which has a banking office located in this state, is eligible to become a public depository, subject to sections 135.01 to 135.21 of the Revised Code. No bank shall receive or have on deposit at any one time public moneys, including public moneys as defined in section 135.31 of the Revised Code, in an aggregate amount in excess of thirty per cent of its total assets, as shown in its latest report to the comptroller of the currency, the superintendent of financial institutions, the federal deposit insurance corporation, or the board of governors of the federal reserve system. (C) Any federal savings association or any savings and loan association or savings bank doing business under authority granted by the regulatory authority of another state of the United States, and which has a banking office located in this state, and authorized to accept deposits is eligible to become a public depository, subject to sections 135.01 to 135.21 of the Revised Code. No savings association, savings and loan association, or savings bank shall receive or have on deposit at any one time public moneys, including public moneys as defined in section 135.31 of the Revised Code, in an aggregate amount in excess of thirty per cent of its total assets, as shown in its latest report to the former office of thrift supervision, the comptroller of the currency, the superintendent of financial institutions, the federal deposit insurance corporation, or the board of governors of the federal reserve system. Sec. 135.18. (A) Each institution designated as a public depository and awarded public deposits under sections 135.01 to 9554 9555 9556 9557 9558 9559 9560 9561 9562 9563 9564 9565 9566 9567 9568 9569 9570 9571 9572 9573 9574 9575 9576 9577 9578 9579 9580 9581 9582 9583 9584 H. B. No. 96 Page 344 As Introduced 135.21 of the Revised Code, except as provided in section 135.144 or 135.145 of the Revised Code, shall provide security for the repayment of all public deposits by selecting one of the following methods: (1) Securing all uninsured public deposits of each public depositor separately as set forth in divisions (B) to (J) of this section; (2) Securing all uninsured public deposits of every public depositor pursuant to section 135.181 or 135.182 of the Revised Code, as applicable, by establishing and pledging to the treasurer of state a single pool of collateral for the benefit of every public depositor at the public depository. (B) If a public depository elects to provide security pursuant to division (A)(1) of this section, the public depository shall pledge to the public depositor, as security for the repayment of all public moneys deposited in the public depository during the period of designation pursuant to an award made under sections 135.01 to 135.21 of the Revised Code, eligible securities of aggregate market value at all times equal to at least one hundred five per cent of the total amount of the public depositor's uninsured public deposits. (C) In order for a public depository to receive public moneys under this section, the public depository and the public depositor shall first execute an agreement that sets forth the entire arrangement among the parties and that meets the requirements described in 12 U.S.C. 1823(e). In addition, the agreement shall authorize the public depositor to obtain control of the collateral pursuant to division (D) of section 1308.24 of the Revised Code. 9585 9586 9587 9588 9589 9590 9591 9592 9593 9594 9595 9596 9597 9598 9599 9600 9601 9602 9603 9604 9605 9606 9607 9608 9609 9610 9611 9612 9613 H. B. No. 96 Page 345 As Introduced (D) The following securities or other obligations shall be eligible for the purposes of this section: (1) Bonds, notes, or other obligations of the United States; or bonds, notes, or other obligations guaranteed as to principal and interest by the United States or those for which the faith of the United States is pledged for the payment of principal and interest thereon, by language appearing in the instrument specifically providing such guarantee or pledge and not merely by interpretation or otherwise; (2) Bonds, notes, debentures, letters of credit, or other obligations or securities issued by any federal government agency or instrumentality, or the export-import bank of Washington; bonds, notes, or other obligations guaranteed as to principal and interest by the United States or those for which the faith of the United States is pledged for the payment of principal and interest thereon, by interpretation or otherwise and not by language appearing in the instrument specifically providing such guarantee or pledge; (3) Obligations of or fully insured or fully guaranteed by the United States or any federal government agency or instrumentality; (4) Obligations partially insured or partially guaranteed by any federal agency or instrumentality; (5) Obligations of or fully guaranteed by the federal national mortgage association, federal home loan mortgage corporation, federal farm credit bank, or student loan marketing association; (6) Bonds and other obligations of this state; (7) Bonds and other obligations of any county, township, 9614 9615 9616 9617 9618 9619 9620 9621 9622 9623 9624 9625 9626 9627 9628 9629 9630 9631 9632 9633 9634 9635 9636 9637 9638 9639 9640 9641 9642 H. B. No. 96 Page 346 As Introduced school district, municipal corporation, or other legally constituted taxing subdivision of this state, which is not at the time of such deposit, in default in the payment of principal or interest on any of its bonds or other obligations, for which the full faith and credit of the issuing subdivision is pledged; (8) Bonds of other states of the United States which have not during the ten years immediately preceding the time of such deposit defaulted in payments of either interest or principal on any of their bonds; (9) Shares of no-load money market mutual funds consisting exclusively of obligations described in division (D)(1) or (2) of this section and repurchase agreements secured by such obligations; (10) A surety bond issued by a corporate surety licensed by the state and authorized to issue surety bonds in this state pursuant to Chapter 3929. of the Revised Code, and qualified to provide surety bonds to the federal government pursuant to 96 Stat. 1047 (1982), 31 U.S.C.A. 9304; (11) Bonds or other obligations of any county, municipal corporation, or other legally constituted taxing subdivision of another state of the United States, or of any instrumentality of such county, municipal corporation, or other taxing subdivision, for which the full faith and credit of the issuer is pledged and, at the time of purchase of the bonds or other obligations, rated in one of the two highest categories by at least one nationally recognized statistical rating organization. (E) An institution designated as a public depository shall designate a qualified trustee and place the eligible securities required by division (D) of this section with the trustee for 9643 9644 9645 9646 9647 9648 9649 9650 9651 9652 9653 9654 9655 9656 9657 9658 9659 9660 9661 9662 9663 9664 9665 9666 9667 9668 9669 9670 9671 H. B. No. 96 Page 347 As Introduced safekeeping. The trustee shall hold the eligible securities in an account indicating the public depositor's security interest in the securities. The trustee shall report to the public depositor information relating to the securities pledged to secure the public deposits in the manner and frequency required by the public depositor. (F) The qualified trustee shall enter into a custodial agreement with the public depositor and public depository in which the trustee agrees to comply with entitlement orders originated by the public depositor without further consent by the public depository or, in the case of collateral held by the public depository in an account at a federal reserve bank, the public depositor shall have the public depositor's security interest marked on the books of the federal reserve bank where the account for the collateral is maintained. If the public depository fails to pay over any part of the public deposits made by the public depositor therein as provided by law, the public depositor shall give written notice of this failure to the qualified trustee holding the securities pledged against its public deposits and, at the same time, shall send a copy of this notice to the public depository. Upon receipt of this notice, the trustee shall transfer to the public depositor for sale, the securities that are necessary to produce an amount equal to the public deposits made by the public depositor and not paid over, less the portion of the deposits covered by any federal deposit insurance, plus any accrued interest due on the deposits. The public depositor shall sell any of the bonds or other securities so transferred. When a sale of bonds or other securities has been so made and upon payment to the public depositor of the purchase money, the public depositor shall transfer such bonds or securities whereupon the absolute ownership of such bonds or 9672 9673 9674 9675 9676 9677 9678 9679 9680 9681 9682 9683 9684 9685 9686 9687 9688 9689 9690 9691 9692 9693 9694 9695 9696 9697 9698 9699 9700 9701 9702 H. B. No. 96 Page 348 As Introduced securities shall pass to the purchasers. Any surplus after deducting the amount due the public depositor and expenses of sale shall be paid to the public depository. (G) When the public depository has placed eligible securities described in division (D)(1) of this section with a trustee for safekeeping, the public depository may at any time substitute or exchange eligible securities described in division (D)(1) of this section having a current market value equal to or greater than the current market value of the securities then on deposit and for which they are to be substituted or exchanged, without specific authorization from any public depositor's governing board, boards, or treasurer of any such substitution or exchange. (H) When the public depository has placed eligible securities described in divisions (D)(2) to (9) of this section with a trustee for safekeeping, the public depository may at any time substitute or exchange eligible securities having a current market value equal to or greater than the current market value of the securities then on deposit and for which they are to be substituted or exchanged without specific authorization of any public depositor's governing board, boards, or treasurer of any such substitution or exchange only if one of the following applies: (1) The public depositor has authorized the public depository to make such substitution or exchange on a continuing basis during a specified period without prior approval of each substitution or exchange. The authorization may be effected by the public depositor sending to the trustee a written notice stating that substitution may be effected on a continuing basis during a specified period which shall not extend beyond the end 9703 9704 9705 9706 9707 9708 9709 9710 9711 9712 9713 9714 9715 9716 9717 9718 9719 9720 9721 9722 9723 9724 9725 9726 9727 9728 9729 9730 9731 9732 H. B. No. 96 Page 349 As Introduced of the period of designation during which the notice is given. The trustee may rely upon this notice and upon the period of authorization stated therein and upon the period of designation stated therein. (2) The public depository notifies the public depositor and the trustee of an intended substitution or exchange, and the public depositor does not object to the trustee as to the eligibility or market value of the securities being substituted within three business days after the date appearing on the notice of proposed substitution. The notice to the public depositor and to the trustee shall be given in writing and delivered electronically. The trustee may assume in any case that the notice has been delivered to the public depositor. In order for objections of the public depositor to be effective, receipt of the objections must be acknowledged in writing by the trustee. (3) The public depositor gives written authorization for a substitution or exchange of specific securities. (I) The public depository shall notify any public depositor of any substitution or exchange under division (H)(1) or (2) of this section. (J) Any federal reserve bank or branch thereof located in this state or federal home loan bank, without compliance with Chapter 1111. of the Revised Code and without becoming subject to any other law of this state relative to the exercise by corporations of trust powers generally, is qualified to act as trustee for the safekeeping of securities, under this section. Any institution mentioned in section 135.03 or 135.32 of the Revised Code that holds a certificate of qualification issued by the superintendent of financial institutions or any institution 9733 9734 9735 9736 9737 9738 9739 9740 9741 9742 9743 9744 9745 9746 9747 9748 9749 9750 9751 9752 9753 9754 9755 9756 9757 9758 9759 9760 9761 9762 H. B. No. 96 Page 350 As Introduced complying with sections 1111.04, 1111.05, and 1111.06 of the Revised Code, is qualified to act as trustee for the safekeeping of securities under this section, other than those belonging to itself or to an affiliate as defined in section 1101.01 of the Revised Code. Notwithstanding the fact that a public depository is required to pledge eligible securities in certain amounts to secure deposits of public moneys, a trustee has no duty or obligation to determine the eligibility, market value, or face value of any securities deposited with the trustee by a public depository. This applies in all situations including, without limitation, a substitution or exchange of securities. Any charges or compensation of a designated trustee for acting as such under this section shall be paid by the public depository and in no event shall be chargeable to the state or the subdivision or to any officer of the state or subdivision. The charges or compensation shall not be a lien or charge upon the securities deposited for safekeeping prior or superior to the rights to and interests in the securities of the public depositor. The treasurer and the treasurer's bonders or surety shall be relieved from any liability to the public depositor or to the public depository for the loss or destruction of any securities deposited with a qualified trustee pursuant to this section. Sec. 135.71. (A) The general assembly finds that making homeownership more attainable is an important part of fostering a robust and lasting population across the state. However, individuals often struggle to accumulate the financial resources needed to purchase a home. Accordingly, it is declared to be the public policy of the state through the homeownership savings 9763 9764 9765 9766 9767 9768 9769 9770 9771 9772 9773 9774 9775 9776 9777 9778 9779 9780 9781 9782 9783 9784 9785 9786 9787 9788 9789 9790 9791 9792 H. B. No. 96 Page 351 As Introduced linked deposit program to make available premium rate savings accounts for the down payment and closing costs associated with the purchase of a home. (B) An eligible participant for the homeownership savings linked deposit program is an individual who is a resident of this state and has applied for a homeownership savings account at an eligible savings institution. (C) An eligible participant shall certify on the application that the funds in the homeownership savings account shall be used exclusively for eligible home costs. (D) A homeownership savings account shall be owned by not more than one eligible participant and an eligible participant shall hold not more than one homeownership savings account per program period at any eligible savings institution. (E) The treasurer of state shall report to the tax commissioner any information in the treasurer of state's possession deemed necessary by the tax commissioner to properly administer section 5747.85 of the Revised Code. (F) Not later than January 31, 2027, the treasurer of state and the tax commissioner shall issue a report regarding the efficacy of the homeownership savings linked deposit program. The report shall include all of the following: (1) The number of homeownership savings accounts created; (2) The number of participating eligible savings institutions; (3) The total amount contributed into the accounts; (4) The average yield premium savings rate paid on the accounts; 9793 9794 9795 9796 9797 9798 9799 9800 9801 9802 9803 9804 9805 9806 9807 9808 9809 9810 9811 9812 9813 9814 9815 9816 9817 9818 9819 9820 H. B. No. 96 Page 352 As Introduced (5) Any other information the treasurer of state or tax commissioner deems relevant. The report shall be delivered to the governor, the speaker of the house of representatives, and the president of the senate. Sec. 141.01. Except as provided in section 141.011 of the Revised Code, the annual salaries of the elective executive officers of the state are as follows: (A) Governor, one hundred fifty-four thousand two hundred forty-eight dollars; (B) Lieutenant governor, one hundred thirteen thousand nine hundred forty-seven dollars; (C) Secretary of state, one hundred thirteen thousand nine hundred forty-seven dollars; (D) Auditor of state, one hundred thirteen thousand nine hundred forty-seven dollars; (E) Treasurer of state, one hundred thirteen thousand nine hundred forty-seven dollars; (F) Attorney general, one hundred thirteen thousand nine hundred forty-seven dollars. These salaries shall be paid according to the schedule established in division (B) of section 124.15 of the Revised Code. Upon the death of an elected executive officer of the state listed in divisions (A) to (F) of this section during the officer's term of office, an amount shall be paid in accordance with section 2113.04 of the Revised Code, or to the officer's estate. The amount shall equal the amount of the salary that the officer would have received during the remainder of the 9821 9822 9823 9824 9825 9826 9827 9828 9829 9830 9831 9832 9833 9834 9835 9836 9837 9838 9839 9840 9841 9842 9843 9844 9845 9846 9847 9848 H. B. No. 96 Page 353 As Introduced officer's unexpired term or an amount equal to the salary of the office held for two years, whichever is less. Unless a higher salary is explicitly established by statute, no officer or employee elected or appointed, and no officer or employee of any state agency or state-assisted institution except a state institution of higher education or the Ohio board of regents for the positions of chancellor and vice chancellor for health affairs, shall be paid as an officer or employee, whether from appropriated or nonappropriated funds, a total salary that exceeds fifty-five thousand dollars per calendar year. This paragraph does not apply to the salaries of individuals holding or appointed to endowed academic chairs or endowed academic professorships at a state-supported institution of higher education or to the salaries of individuals paid under schedule C of section 124.15 or under schedule E-2 created by the director of administrative services under section 124.152 of the Revised Code. Sec. 145.01. As used in this chapter: (A) "Public employee" means: (1) Any person holding an office, not elective, under the state or any county, township, municipal corporation, park district, conservancy district, sanitary district, health district, metropolitan housing authority, state retirement board, Ohio history connection, public library, county law library, union cemetery, joint hospital, institutional commissary, state university, or board, bureau, commission, council, committee, authority, or administrative body as the same are, or have been, created by action of the general assembly or by the legislative authority of any of the units of local government named in division (A)(1) of this section, or 9849 9850 9851 9852 9853 9854 9855 9856 9857 9858 9859 9860 9861 9862 9863 9864 9865 9866 9867 9868 9869 9870 9871 9872 9873 9874 9875 9876 9877 9878 H. B. No. 96 Page 354 As Introduced employed and paid in whole or in part by the state or any of the authorities named in division (A)(1) of this section in any capacity not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. (2) A person who is a member of the public employees retirement system and who continues to perform the same or similar duties under the direction of a contractor who has contracted to take over what before the date of the contract was a publicly operated function. The governmental unit with which the contract has been made shall be deemed the employer for the purposes of administering this chapter. (3) Any person who is an employee of a public employer, notwithstanding that the person's compensation for that employment is derived from funds of a person or entity other than the employer. Credit for such service shall be included as total service credit, provided that the employee makes the payments required by this chapter, and the employer makes the payments required by sections 145.48 and 145.51 of the Revised Code. (4) A person who elects in accordance with section 145.015 of the Revised Code to remain a contributing member of the public employees retirement system. (5) A person who is an employee of the legal rights service on September 30, 2012, and continues to be employed by the nonprofit entity established under Section 319.20 of Am. Sub. H.B. 153 of the 129th general assembly. The nonprofit entity is the employer for the purpose of this chapter. In all cases of doubt, the public employees retirement board shall determine under section 145.036, 145.037, or 145.038 9879 9880 9881 9882 9883 9884 9885 9886 9887 9888 9889 9890 9891 9892 9893 9894 9895 9896 9897 9898 9899 9900 9901 9902 9903 9904 9905 9906 9907 H. B. No. 96 Page 355 As Introduced of the Revised Code whether any person is a public employee, and its decision is final. (B) "Member" means any public employee, other than a public employee excluded or exempted from membership in the retirement system by section 145.03, 145.031, 145.032, 145.033, 145.034, 145.035, or 145.38 of the Revised Code. "Member" includes a PERS retirant who becomes a member under division (C) of section 145.38 of the Revised Code. "Member" also includes a disability benefit recipient. (C) "Head of the department" means the elective or appointive head of the several executive, judicial, and administrative departments, institutions, boards, and commissions of the state and local government as the same are created and defined by the laws of this state or, in case of a charter government, by that charter. (D) "Employer" or "public employer" means the state or any county, township, municipal corporation, park district, conservancy district, sanitary district, health district, metropolitan housing authority, state retirement board, Ohio history connection, public library, county law library, union cemetery, joint hospital, institutional commissary, state medical university, state university, or board, bureau, commission, council, committee, authority, or administrative body as the same are, or have been, created by action of the general assembly or by the legislative authority of any of the units of local government named in this division not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. In addition, "employer" means the employer of any public employee. (E) "Prior military service" also means all service 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 H. B. No. 96 Page 356 As Introduced credited for active duty with the armed forces of the United States as provided in section 145.30 of the Revised Code. (F) "Contributor" means any person who has an account in the employees' savings fund created by section 145.23 of the Revised Code. When used in the sections listed in division (B) of section 145.82 of the Revised Code, "contributor" includes any person participating in a PERS defined contribution plan. (G) "Beneficiary" or "beneficiaries" means the estate or a person or persons who, as the result of the death of a member, contributor, or retirant, qualify for or are receiving some right or benefit under this chapter. (H)(1) "Total service credit," except as provided in sections 145.016 and 145.37 of the Revised Code, means all service credited to a member of the retirement system since last becoming a member, including restored service credit as provided by section 145.31 of the Revised Code; credit purchased under sections 145.293 and 145.299 of the Revised Code; all the member's military service credit computed as provided in this chapter; all service credit established pursuant to section 145.297 of the Revised Code; and any other service credited under this chapter. (2) "One and one-half years of contributing service credit," as used in division (B) of section 145.45 of the Revised Code, also means eighteen or more calendar months of employment by a municipal corporation that formerly operated its own retirement plan for its employees or a part of its employees, provided that all employees of that municipal retirement plan who have eighteen or more months of such employment, upon establishing membership in the public employees retirement system, shall make a payment of the contributions 9938 9939 9940 9941 9942 9943 9944 9945 9946 9947 9948 9949 9950 9951 9952 9953 9954 9955 9956 9957 9958 9959 9960 9961 9962 9963 9964 9965 9966 9967 H. B. No. 96 Page 357 As Introduced they would have paid had they been members of this system for the eighteen months of employment preceding the date membership was established. When that payment has been made by all such employee members, a corresponding payment shall be paid into the employers' accumulation fund by that municipal corporation as the employer of the employees. (3) Not more than one year of credit may be given for any period of twelve months. (4) "Ohio service credit" means credit for service that was rendered to the state or any of its political subdivisions or any employer. (I) "Regular interest" means interest at any rates for the respective funds and accounts as the public employees retirement board may determine from time to time. (J) "Accumulated contributions" means the sum of all amounts credited to a contributor's individual account in the employees' savings fund together with any interest credited to the contributor's account under section 145.471 or 145.472 of the Revised Code. (K)(1) "Final average salary" means the greater of the following: (a) The sum of the member's earnable salaries for the appropriate number of calendar years of contributing service, determined under section 145.017 of the Revised Code, in which the member's earnable salary was highest, divided by the same number of calendar years or, if the member has fewer than the appropriate number of calendar years of contributing service, the total of the member's earnable salary for all years of contributing service divided by the number of calendar years of 9968 9969 9970 9971 9972 9973 9974 9975 9976 9977 9978 9979 9980 9981 9982 9983 9984 9985 9986 9987 9988 9989 9990 9991 9992 9993 9994 9995 9996 H. B. No. 96 Page 358 As Introduced the member's contributing service; (b) The sum of a member's earnable salaries for the appropriate number of consecutive months, determined under section 145.017 of the Revised Code, that were the member's last months of service, up to and including the last month, divided by the appropriate number of years or, if the time between the first and final months of service is less than the appropriate number of consecutive months, the total of the member's earnable salary for all months of contributing service divided by the number of years between the first and final months of contributing service, including any fraction of a year, except that the member's final average salary shall not exceed the member's highest earnable salary for any twelve consecutive months. (2) If contributions were made in only one calendar year, "final average salary" means the member's total earnable salary. (L) "Annuity" means payments for life derived from contributions made by a contributor and paid from the annuity and pension reserve fund as provided in this chapter. All annuities shall be paid in twelve equal monthly installments. (M) "Annuity reserve" means the present value, computed upon the basis of the mortality and other tables adopted by the board, of all payments to be made on account of any annuity, or benefit in lieu of any annuity, granted to a retirant as provided in this chapter. (N)(1) "Disability retirement" means retirement as provided in section 145.36 of the Revised Code. (2) "Disability allowance" means an allowance paid on account of disability under section 145.361 of the Revised Code. 9997 9998 9999 10000 10001 10002 10003 10004 10005 10006 10007 10008 10009 10010 10011 10012 10013 10014 10015 10016 10017 10018 10019 10020 10021 10022 10023 10024 10025 H. B. No. 96 Page 359 As Introduced (3) "Disability benefit" means a benefit paid as disability retirement under section 145.36 of the Revised Code, as a disability allowance under section 145.361 of the Revised Code, or as a disability benefit under section 145.37 of the Revised Code. (4) "Disability benefit recipient" means a member who is receiving a disability benefit. (O) "Age and service retirement" means retirement as provided in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46 and former section 145.34 of the Revised Code. (P) "Pensions" means annual payments for life derived from contributions made by the employer that at the time of retirement are credited into the annuity and pension reserve fund from the employers' accumulation fund and paid from the annuity and pension reserve fund as provided in this chapter. All pensions shall be paid in twelve equal monthly installments. (Q) "Retirement allowance" means the pension plus that portion of the benefit derived from contributions made by the member. (R)(1) Except as otherwise provided in division (R) of this section, "earnable salary" means all salary, wages, and other earnings paid to a contributor by reason of employment in a position covered by the retirement system. The salary, wages, and other earnings shall be determined prior to determination of the amount required to be contributed to the employees' savings fund under section 145.47 of the Revised Code and without regard to whether any of the salary, wages, or other earnings are treated as deferred income for federal income tax purposes. "Earnable salary" includes the following: 10026 10027 10028 10029 10030 10031 10032 10033 10034 10035 10036 10037 10038 10039 10040 10041 10042 10043 10044 10045 10046 10047 10048 10049 10050 10051 10052 10053 10054 H. B. No. 96 Page 360 As Introduced (a) Payments made by the employer in lieu of salary, wages, or other earnings for sick leave, personal leave, or vacation used by the contributor; (b) Payments made by the employer for the conversion of sick leave, personal leave, and vacation leave accrued, but not used if the payment is made during the year in which the leave is accrued, except that payments made pursuant to section 124.383 or 124.386 of the Revised Code are not earnable salary; (c) Allowances paid by the employer for maintenance, consisting of housing, laundry, and meals, as certified to the retirement board by the employer or the head of the department that employs the contributor; (d) Fees and commissions paid under section 507.09 of the Revised Code; (e) Payments that are made under a disability leave program sponsored by the employer and for which the employer is required by section 145.296 of the Revised Code to make periodic employer and employee contributions; (f) Amounts included pursuant to former division (K)(3) and former division (Y) of this section and section 145.2916 of the Revised Code. (2) "Earnable salary" does not include any of the following: (a) Fees and commissions, other than those paid under section 507.09 of the Revised Code, paid as sole compensation for personal services and fees and commissions for special services over and above services for which the contributor receives a salary; 10055 10056 10057 10058 10059 10060 10061 10062 10063 10064 10065 10066 10067 10068 10069 10070 10071 10072 10073 10074 10075 10076 10077 10078 10079 10080 10081 10082 H. B. No. 96 Page 361 As Introduced (b) Amounts paid by the employer to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the contributor or the contributor's family, or amounts paid by the employer to the contributor in lieu of providing the insurance; (c) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the employer, or use of the employer's property or equipment, or amounts paid by the employer to the contributor in lieu of providing the incidental benefits; (d) Reimbursement for job-related expenses authorized by the employer, including moving and travel expenses and expenses related to professional development; (e) Payments for accrued but unused sick leave, personal leave, or vacation that are made at any time other than in the year in which the sick leave, personal leave, or vacation was accrued; (f) Payments made to or on behalf of a contributor that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended; (g) Payments made under division (B), (C), or (E) of section 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the 119th general assembly, Section 3 of Amended Substitute Senate Bill No. 164 of the 124th general assembly, or Amended Substitute House Bill No. 405 of the 124th general assembly; 10083 10084 10085 10086 10087 10088 10089 10090 10091 10092 10093 10094 10095 10096 10097 10098 10099 10100 10101 10102 10103 10104 10105 10106 10107 10108 10109 10110 10111 H. B. No. 96 Page 362 As Introduced (h) Anything of value received by the contributor that is based on or attributable to retirement or an agreement to retire, except that payments made on or before January 1, 1989, that are based on or attributable to an agreement to retire shall be included in earnable salary if both of the following apply: (i) The payments are made in accordance with contract provisions that were in effect prior to January 1, 1986; (ii) The employer pays the retirement system an amount specified by the retirement board equal to the additional liability resulting from the payments. (i) The portion of any amount included in section 145.2916 of the Revised Code that represents employer contributions. (3) The retirement board shall determine by rule whether any compensation not enumerated in division (R) of this section is earnable salary, and its decision shall be final. (S) "Pension reserve" means the present value, computed upon the basis of the mortality and other tables adopted by the board, of all payments to be made on account of any retirement allowance or benefit in lieu of any retirement allowance, granted to a member or beneficiary under this chapter. (T) "Contributing service" means both of the following: (1) All service credited to a member of the system since January 1, 1935, for which contributions are made as required by sections 145.47, 145.48, and 145.483 of the Revised Code. In any year subsequent to 1934, credit for any service shall be allowed in accordance with section 145.016 of the Revised Code. (2) Service credit received by election of the member 10112 10113 10114 10115 10116 10117 10118 10119 10120 10121 10122 10123 10124 10125 10126 10127 10128 10129 10130 10131 10132 10133 10134 10135 10136 10137 10138 10139 H. B. No. 96 Page 363 As Introduced under section 145.814 of the Revised Code. (U) "State retirement board" means the public employees retirement board, the school employees retirement board, or the state teachers retirement board. (V) "Retirant" means any former member who retires and is receiving a monthly allowance as provided in sections 145.32, 145.33, 145.331, 145.332, 145.335, and 145.46 and former section 145.34 of the Revised Code. (W) "Employer contribution" means the amount paid by an employer as determined under section 145.48 of the Revised Code. (X) "Public service terminates" means the last day for which a public employee is compensated for services performed for an employer or the date of the employee's death, whichever occurs first. (Y) "Five years of service credit," for the exclusive purpose of satisfying the service credit requirements and of determining eligibility under section 145.33 or 145.332 of the Revised Code, means employment covered under this chapter or under a former retirement plan operated, recognized, or endorsed by the employer prior to coverage under this chapter or under a combination of the coverage. (Z) "Deputy sheriff" means any person who is commissioned and employed as a full-time peace officer by the sheriff of any county, and has been so employed since on or before December 31, 1965; any person who is or has been commissioned and employed as a peace officer by the sheriff of any county since January 1, 1966, and who has received a certificate attesting to the person's satisfactory completion of the peace officer training school as required by section 109.77 of the Revised Code; or any 10140 10141 10142 10143 10144 10145 10146 10147 10148 10149 10150 10151 10152 10153 10154 10155 10156 10157 10158 10159 10160 10161 10162 10163 10164 10165 10166 10167 10168 H. B. No. 96 Page 364 As Introduced person deputized by the sheriff of any county and employed pursuant to section 2301.12 of the Revised Code as a criminal bailiff or court constable who has received a certificate attesting to the person's satisfactory completion of the peace officer training school as required by section 109.77 of the Revised Code. (AA) "Township constable or police officer in a township police department or district" means any person who is commissioned and employed as a full-time peace officer pursuant to Chapter 505. or 509. of the Revised Code, who has received a certificate attesting to the person's satisfactory completion of the peace officer training school as required by section 109.77 of the Revised Code. (BB) "Drug agent" means any person who is either of the following: (1) Employed full time as a narcotics agent by a county narcotics agency created pursuant to section 307.15 of the Revised Code and has received a certificate attesting to the satisfactory completion of the peace officer training school as required by section 109.77 of the Revised Code; (2) Employed full time as an undercover drug agent as defined in section 109.79 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (CC) "Department of public safety enforcement agent" means a full-time employee of the department of public safety who is designated under section 5502.14 of the Revised Code as an enforcement agent and who is in compliance with section 109.77 of the Revised Code. (DD) "Natural resources law enforcement staff officer" 10169 10170 10171 10172 10173 10174 10175 10176 10177 10178 10179 10180 10181 10182 10183 10184 10185 10186 10187 10188 10189 10190 10191 10192 10193 10194 10195 10196 10197 H. B. No. 96 Page 365 As Introduced means a full-time employee of the department of natural resources who is designated a natural resources law enforcement staff officer under section 1501.013 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (EE) "Forest-fire investigator" means a full-time employee of the department of natural resources who is appointed a forest-fire investigator under section 1503.09 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (FF) "Natural resources officer" means a full-time employee of the department of natural resources who is appointed as a natural resources officer under section 1501.24 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (GG) "Wildlife officer" means a full-time employee of the department of natural resources who is designated a wildlife officer under section 1531.13 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (HH) "Park district police officer" means a full-time employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (II) "Conservancy district officer" means a full-time employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (JJ) "Municipal police officer" means a member of the organized police department of a municipal corporation who is employed full time, is in compliance with section 109.77 of the 10198 10199 10200 10201 10202 10203 10204 10205 10206 10207 10208 10209 10210 10211 10212 10213 10214 10215 10216 10217 10218 10219 10220 10221 10222 10223 10224 10225 10226 H. B. No. 96 Page 366 As Introduced Revised Code, and is not a member of the Ohio police and fire pension fund. (KK) "Veterans' home police officer" means any person who is employed at a veterans' home as a police officer pursuant to section 5907.02 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (LL) "Special police officer for a mental health institution" means any person who is designated as such pursuant to section 5119.08 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (MM) "Special police officer for an institution for persons with intellectual disabilities" means any person who is designated as such pursuant to section 5123.13 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (NN) "State university law enforcement officer" means any person who is employed full time as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code and who is in compliance with section 109.77 of the Revised Code. (OO) "House sergeant at arms" means any person appointed by the speaker of the house of representatives under division (B)(1) of section 101.311 of the Revised Code who has arrest authority under division (E)(1) of that section. (PP) "Assistant house sergeant at arms" means any person appointed by the house sergeant at arms under division (C)(1) of section 101.311 of the Revised Code. (QQ) "Regional transit authority police officer" means a person who is employed full time as a regional transit authority 10227 10228 10229 10230 10231 10232 10233 10234 10235 10236 10237 10238 10239 10240 10241 10242 10243 10244 10245 10246 10247 10248 10249 10250 10251 10252 10253 10254 10255 H. B. No. 96 Page 367 As Introduced police officer under division (Y) of section 306.35 of the Revised Code and is in compliance with section 109.77 of the Revised Code. (RR) "State highway patrol police officer" means a special police officer employed full time and designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person serving full time as a special police officer pursuant to that section on a permanent basis on October 21, 1997, who is in compliance with section 109.77 of the Revised Code. (SS) "Municipal public safety director" means a person who serves full time as the public safety director of a municipal corporation with the duty of directing the activities of the municipal corporation's police department and fire department. (TT) "Bureau of criminal identification and investigation investigator" means a person who is in compliance with section 109.77 of the Revised Code and is employed full time as an investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section. (UU) "Gaming agent" means a person who is in compliance with section 109.77 of the Revised Code and is employed full time as a gaming agent with the Ohio casino control commission pursuant to section 3772.03 of the Revised Code. (VV) "Department of taxation investigator" means a person employed full time with the department of taxation to whom both 10256 10257 10258 10259 10260 10261 10262 10263 10264 10265 10266 10267 10268 10269 10270 10271 10272 10273 10274 10275 10276 10277 10278 10279 10280 10281 10282 10283 10284 H. B. No. 96 Page 368 As Introduced of the following apply: (1) The person has been delegated investigation powers pursuant to section 5743.45 of the Revised Code for the enforcement of Chapters 5728., 5735., 5739., 5741., 5743., and 5747. of the Revised Code. (2) The person is in compliance with section 109.77 of the Revised Code. (WW) "Special police officer for a port authority" means a person who is in compliance with section 109.77 of the Revised Code and is employed full time as a special police officer with a port authority under section 4582.04 or 4582.28 of the Revised Code. (XX) "Special police officer for a municipal airport" means a person to whom both of the following apply: (1) The person is employed full time as a special police officer with a municipal corporation at a municipal airport or other municipal air navigation facility that meets both of the following requirements: (a) The airport or navigation facility has scheduled operations, as defined in 14 C.F.R. 110.2, as amended. (b) The airport or navigation facility is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in 49 C.F.R. parts 1542 and 1544, as amended. (2) The person is in compliance with section 109.77 of the Revised Code. (YY) Notwithstanding section 2901.01 of the Revised Code, 10285 10286 10287 10288 10289 10290 10291 10292 10293 10294 10295 10296 10297 10298 10299 10300 10301 10302 10303 10304 10305 10306 10307 10308 10309 10310 10311 10312 H. B. No. 96 Page 369 As Introduced "PERS law enforcement officer" means a sheriff or any of the following whose primary duties are to preserve the peace, protect life and property, and enforce the laws of this state: a deputy sheriff, township constable or police officer in a township police department or district, drug agent, department of public safety enforcement agent, natural resources law enforcement staff officer, wildlife officer, forest-fire investigator, natural resources officer, park district police officer, conservancy district officer, veterans' home police officer, special police officer for a mental health institution, special police officer for an institution for persons with developmental disabilities, state university law enforcement officer, municipal police officer, house sergeant at arms, assistant house sergeant at arms, regional transit authority police officer, or state highway patrol police officer. "PERS law enforcement officer" also includes a person employed as a bureau of criminal identification and investigation investigator, gaming agent, department of taxation investigator, special police officer for a port authority, or special police officer for a municipal airport who commences employment in any of those positions on or after April 6, 2017, or makes the election described in section 145.334 of the Revised Code. "PERS law enforcement officer" also includes a person serving as a municipal public safety director at any time during the period from September 29, 2005, to March 24, 2009, if the duties of that service were to preserve the peace, protect life and property, and enforce the laws of this state. "PERS law enforcement officer" also includes a person employed as a state fire marshal law enforcement officer who 10313 10314 10315 10316 10317 10318 10319 10320 10321 10322 10323 10324 10325 10326 10327 10328 10329 10330 10331 10332 10333 10334 10335 10336 10337 10338 10339 10340 10341 10342 H. B. No. 96 Page 370 As Introduced commences employment after the effective date of this amendment or who makes the election described in section 145.334 of the Revised Code. (ZZ) "Hamilton county municipal court bailiff" means a person appointed by the clerk of courts of the Hamilton county municipal court under division (A)(3) of section 1901.32 of the Revised Code who is employed full time as a bailiff or deputy bailiff, who has received a certificate attesting to the person's satisfactory completion of the peace officer basic training described in division (D)(1) of section 109.77 of the Revised Code. (AAA) "State fire marshal law enforcement officer" means a member of the public employees retirement system who is employed full time by the fire and explosion investigation bureau created under section 3737.22 of the Revised Code and to whom both of the following apply: (1) The state fire marshal has appointed the member as an assistant fire marshal as defined in section 3737.01 of the Revised Code and designated the member to act as a law enforcement officer under division (C) of section 3737.22 of the Revised Code for both of the following: (a) For purposes of investigating the cause, origin, and circumstances of fires and explosions in this state and arresting, or causing a person to be arrested, and charging a person with arson or a similar offense as a result of an investigation; (b) To enforce the criminal prohibitions of Chapters 3737. and 3743. of the Revised Code. (2) The state fire marshal has appointed the member as a 10343 10344 10345 10346 10347 10348 10349 10350 10351 10352 10353 10354 10355 10356 10357 10358 10359 10360 10361 10362 10363 10364 10365 10366 10367 10368 10369 10370 10371 H. B. No. 96 Page 371 As Introduced state fire marshal law enforcement officer as described in sections 109.71 and 2935.01 of the Revised Code and the member is in compliance with section 109.77 of the Revised Code for purposes of section 2935.03 of the Revised Code. (BBB) "PERS public safety officer" means a Hamilton county municipal court bailiff, or any of the following whose primary duties are other than to preserve the peace, protect life and property, and enforce the laws of this state: a deputy sheriff, township constable or police officer in a township police department or district, drug agent, department of public safety enforcement agent, natural resources law enforcement staff officer, wildlife officer, forest-fire investigator, natural resources officer, park district police officer, conservancy district officer, veterans' home police officer, special police officer for a mental health institution, special police officer for an institution for persons with developmental disabilities, state university law enforcement officer, municipal police officer, house sergeant at arms, assistant house sergeant at arms, regional transit authority police officer, or state highway patrol police officer. "PERS public safety officer" also includes a person employed as a bureau of criminal identification and investigation investigator, gaming agent, department of taxation investigator, special police officer for a port authority, or special police officer for a municipal airport who commences employment in any of those positions on or after April 6, 2017, or makes the election described in section 145.334 of the Revised Code. "PERS public safety officer" also includes a person serving as a municipal public safety director at any time during 10372 10373 10374 10375 10376 10377 10378 10379 10380 10381 10382 10383 10384 10385 10386 10387 10388 10389 10390 10391 10392 10393 10394 10395 10396 10397 10398 10399 10400 10401 H. B. No. 96 Page 372 As Introduced the period from September 29, 2005, to March 24, 2009, if the duties of that service were other than to preserve the peace, protect life and property, and enforce the laws of this state. "PERS public safety officer" also includes a person employed as a state fire marshal law enforcement officer who commences employment after the effective date of this amendment or who makes the election described in section 145.334 of the Revised Code. (BBB)(CCC) "Fiduciary" means a person who does any of the following: (1) Exercises any discretionary authority or control with respect to the management of the system or with respect to the management or disposition of its assets; (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) Has any discretionary authority or responsibility in the administration of the system. (CCC)(DDD) "Actuary" means an individual who satisfies all of the following requirements: (1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing actuarial services to public retirement plans. (DDD)(EEE) "PERS defined benefit plan" means the plan described in sections 145.201 to 145.79 of the Revised Code. (EEE)(FFF) "PERS defined contribution plans" means the plan or plans established under section 145.81 of the Revised 10402 10403 10404 10405 10406 10407 10408 10409 10410 10411 10412 10413 10414 10415 10416 10417 10418 10419 10420 10421 10422 10423 10424 10425 10426 10427 10428 H. B. No. 96 Page 373 As Introduced Code. Sec. 145.334. (A) A member who, on the effective date of this section April 6, 2017, meets the definition of bureau of criminal identification and investigation investigator, gaming agent, department of taxation investigator, special police officer for a port authority, or special police officer for a municipal airport in section 145.01 of the Revised Code may make the election to be considered a PERS law enforcement officer or PERS public safety officer by giving notice to the public employees retirement system on a form provided by the public employees retirement board. To be valid, the notice must be received by the retirement system not later than ninety days after the effective date of this section April 6, 2017. The election, once made, causes the member to be considered a PERS law enforcement officer or PERS public safety officer and is irrevocable. (B) A member who, on the effective date of this amendment, meets the definition of state fire marshal law enforcement officer in section 145.01 of the Revised Code may make an election to be considered a PERS law enforcement officer or PERS public safety officer by giving notice to the public employees retirement system on a form provided by the public employees retirement board. To be valid, the notice must be received by the retirement system not later than ninety days after the effective date of this amendment. The election, once made, causes the member to be considered a PERS law enforcement officer or PERS public safety officer and is irrevocable. (C) Service credit earned by a member of the public employees retirement system before the first day of the first month following the retirement system's receipt of the notice of 10429 10430 10431 10432 10433 10434 10435 10436 10437 10438 10439 10440 10441 10442 10443 10444 10445 10446 10447 10448 10449 10450 10451 10452 10453 10454 10455 10456 10457 10458 H. B. No. 96 Page 374 As Introduced election under division (A) or (B) of this section shall not be considered service credit as a PERS law enforcement officer or PERS public safety officer. Sec. 149.3010. The Ohio history connection, in addition to its other functions, may use any land owned by the Ohio history connection, any land owned by the state and in the Ohio history connection's custody and control, any land leased by the Ohio history connection, or any land that the Ohio history connection has agreed to lease to another entity or organization, for the purpose of repatriation of American Indian human remains. The Ohio history connection shall work with and cooperate with federally recognized Indian tribal governments in the selection, management, and use of burial sites under this section. The Ohio history connection shall implement reasonable standards for the use and maintenance of the burial sites. In the event the Ohio history connection shall deaccession, otherwise dispose of, or no longer have custody and control of a burial site, the Ohio history connection shall retain access and authority to maintain the site or the Ohio history connection shall assign its right of access and maintenance to the person acquiring the site. For each burial site established on or after the effective date of this section, and for each burial site established before the effective date of this section and for which it is legally feasible, the Ohio history connection shall establish a perpetual easement, enforceable by the Ohio history connection or a person assigned by the Ohio history connection, to preserve the burial sites. Chapters 517., 759., 1721., and 4767. of the Revised Code do not apply to burial sites under this section. Sec. 149.311. (A) As used in this section: 10459 10460 10461 10462 10463 10464 10465 10466 10467 10468 10469 10470 10471 10472 10473 10474 10475 10476 10477 10478 10479 10480 10481 10482 10483 10484 10485 10486 10487 10488 H. B. No. 96 Page 375 As Introduced (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 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. 10489 10490 10491 10492 10493 10494 10495 10496 10497 10498 10499 10500 10501 10502 10503 10504 10505 10506 10507 10508 10509 10510 10511 10512 10513 10514 10515 10516 10517 H. B. No. 96 Page 376 As Introduced (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 that section. 10518 10519 10520 10521 10522 10523 10524 10525 10526 10527 10528 10529 10530 10531 10532 10533 10534 10535 10536 10537 10538 10539 10540 10541 10542 10543 10544 10545 10546 H. B. No. 96 Page 377 As Introduced (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 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 and shall indicate whether the historic building was used as a theater before, and is intended to be used as a theater after, the rehabilitation. 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 10547 10548 10549 10550 10551 10552 10553 10554 10555 10556 10557 10558 10559 10560 10561 10562 10563 10564 10565 10566 10567 10568 10569 10570 10571 10572 10573 10574 10575 H. B. No. 96 Page 378 As Introduced 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 shall review the applications 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 10576 10577 10578 10579 10580 10581 10582 10583 10584 10585 10586 10587 10588 10589 10590 10591 10592 10593 10594 10595 10596 10597 10598 10599 10600 10601 10602 10603 H. B. No. 96 Page 379 As Introduced 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. (4) The historic building that is the subject of the application is not, and will not upon completion of the rehabilitation project be, part of a qualified low-income housing project allocated a tax credit pursuant to section 42 of the Internal Revenue Code. An applicant shall demonstrate to the satisfaction of the state historic preservation officer and director 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 determines that an application meets the criteria in division (C) 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 shall not consider whether the historic building is located in or will benefit an economically 10604 10605 10606 10607 10608 10609 10610 10611 10612 10613 10614 10615 10616 10617 10618 10619 10620 10621 10622 10623 10624 10625 10626 10627 10628 10629 10630 10631 10632 H. B. No. 96 Page 380 As Introduced distressed area, including by weighting preference based on the poverty rate in the jurisdiction or census tract in which the building is located. 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 one hundred twenty million dollars of rehabilitation tax credits for each of fiscal years 2023 and 2024, and sixty million dollars of rehabilitation tax credits for each per fiscal year thereafter , 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 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 10633 10634 10635 10636 10637 10638 10639 10640 10641 10642 10643 10644 10645 10646 10647 10648 10649 10650 10651 10652 10653 10654 10655 10656 10657 10658 10659 10660 10661 10662 H. B. No. 96 Page 381 As Introduced unpaid tax by the commissioner. (5) The director 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 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 10663 10664 10665 10666 10667 10668 10669 10670 10671 10672 10673 10674 10675 10676 10677 10678 10679 10680 10681 10682 10683 10684 10685 10686 10687 10688 10689 10690 10691 10692 H. B. No. 96 Page 382 As Introduced 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. (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 shall consider each application at the time the application is submitted. (b) The director shall not issue more than one certificate under this section with respect to the same qualified rehabilitation expenditures. (8) The director shall give consideration for tax credits awarded under this section to rehabilitations of historic buildings used as a theater before, and intended to be used as a theater after, the rehabilitation. In determining whether to approve an application for such a rehabilitation, the director shall consider the extent to which the rehabilitation will 10693 10694 10695 10696 10697 10698 10699 10700 10701 10702 10703 10704 10705 10706 10707 10708 10709 10710 10711 10712 10713 10714 10715 10716 10717 10718 10719 10720 10721 H. B. No. 96 Page 383 As Introduced increase attendance at the theater and increase the theater's gross revenue. (9) The director shall rescind the approval of any application if the building that is the subject of the application is part of a qualified low-income housing project allocated a tax credit pursuant to section 42 of the Internal Revenue Code at any time before the building's rehabilitation is complete. (E) Issuance of a certificate represents a finding by the director 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 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 programs established under this section and sections 149.312, 5725.151, 10722 10723 10724 10725 10726 10727 10728 10729 10730 10731 10732 10733 10734 10735 10736 10737 10738 10739 10740 10741 10742 10743 10744 10745 10746 10747 10748 10749 10750 10751 H. B. No. 96 Page 384 As Introduced 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The report shall present an overview of the program programs and shall include information on the number of rehabilitation tax credit certificates issued under this section and under section 149.312 of the Revised Code during the preceding fiscal year, an update on the status of each historic building for which an application was approved under this section and under section 149.312 of the Revised Code, the dollar amount of the tax credits granted under sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76, and 5747.761 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 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. (G) There is hereby created in the state treasury the historic rehabilitation tax credit operating fund. The director 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 in administering this section and sections 5725.151, 5725.34, 10752 10753 10754 10755 10756 10757 10758 10759 10760 10761 10762 10763 10764 10765 10766 10767 10768 10769 10770 10771 10772 10773 10774 10775 10776 10777 10778 10779 10780 10781 10782 H. B. No. 96 Page 385 As Introduced 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) Notwithstanding sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, the following apply to a tax credit approved under this section after September 13, 2022, and before July 1, 2024: (1) The certificate holder may claim a tax credit equal to thirty-five per cent of the dollar amount indicated on the tax 10783 10784 10785 10786 10787 10788 10789 10790 10791 10792 10793 10794 10795 10796 10797 10798 10799 10800 10801 10802 10803 10804 10805 10806 10807 10808 10809 10810 10811 10812 H. B. No. 96 Page 386 As Introduced credit certificate if any county, township, or municipal corporation within which the project is located has a population of less than three hundred thousand according to the 2020 decennial census. The tax credit equals twenty-five per cent of the dollar amount indicated on the certificate if the project is not located within such a county, township, or municipal corporation. (2) The total tax credit claimed under section 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code for any one project shall not exceed ten million dollars for any calendar year, tax year, or taxable year. (3) 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, subject to division (I)(2) of this section. (J) The director of development, 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 and under section 149.312 of the Revised Code 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. (K) For purposes of this section and Chapter 122:19-1 of the Ohio Administrative Code, a tax credit certificate issued under this section is effective on the date that all historic buildings rehabilitated by the project are "placed in service," 10813 10814 10815 10816 10817 10818 10819 10820 10821 10822 10823 10824 10825 10826 10827 10828 10829 10830 10831 10832 10833 10834 10835 10836 10837 10838 10839 10840 10841 10842 H. B. No. 96 Page 387 As Introduced as that term is used in section 47 of the Internal Revenue Code. Sec. 149.312. (A) As used in this section: (1) "Historic building," "registered historic district," "rehabilitation," and "state historic preservation officer," or "officer," have the same meanings as in section 149.311 of the Revised Code. (2) "Owner-occupied residential property" means a historic building, or portion thereof, occupied by the owner as the owner's primary residence during the rehabilitation period or within six months after the date the rehabilitation period ends. (3) "Owner" means an individual or individuals holding the fee simple interest in an owner-occupied residential property. "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) "Certificate owner" means an owner to whom a rehabilitation tax credit certificate has been issued under this section. (5) "Qualified rehabilitation expenditures" means expenditures paid or incurred during the rehabilitation period by an owner to rehabilitate owner-occupied residential property. "Qualified rehabilitation expenditures" include 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" do not include any of the following: 10843 10844 10845 10846 10847 10848 10849 10850 10851 10852 10853 10854 10855 10856 10857 10858 10859 10860 10861 10862 10863 10864 10865 10866 10867 10868 10869 10870 H. B. No. 96 Page 388 As Introduced (a) The cost of acquiring, expanding, or enlarging a historic building or an owner-occupied residential property; (b) Costs for temporary features or items that are not capital improvements, such as appliances, furniture, window coverings, utilities, and taxes; (c) Expenditures attributable to work done to facilities related to the historic building of which the owner-occupied residential property is a part, such as parking areas, sidewalks, and landscaping; (d) New building construction costs. (6) "Rehabilitation period" means one of the following: (a) If the rehabilitation is initially not planned to be completed in stages, a period chosen by the owner not to exceed twenty-four months during which rehabilitation occurs; (b) If the rehabilitation is initially planned to be completed in stages, a period chosen by the owner 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. (7) "Primary residence" means a homestead located in this state that is or will be the owner's principal place of residence for which the owner receives or will receive a reduction in real property taxes under division (B) of section 323.152 of the Revised Code. (8) "Homestead" has the same meaning as in section 323.151 of the Revised Code. (B) The owner of an owner-occupied residential property may apply to the director of development for a rehabilitation 10871 10872 10873 10874 10875 10876 10877 10878 10879 10880 10881 10882 10883 10884 10885 10886 10887 10888 10889 10890 10891 10892 10893 10894 10895 10896 10897 10898 H. B. No. 96 Page 389 As Introduced tax credit certificate for qualified rehabilitation expenditures paid or incurred by such owner for the rehabilitation of the owner-occupied residential property. 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 authorized under this section; (2) Criteria for reviewing, evaluating, and approving applications for such certificates; (3) Eligibility requirements for obtaining such a certificate; (4) The form of such certificates; (5) Reporting requirements and monitoring procedures for applicants for, and recipients of, such certificates; (6) Any other rule necessary to implement and administer this section. (C) The director shall review applications for rehabilitation tax credit certificates with the assistance of the state historic preservation officer and determine whether all of the following criteria are met: 10899 10900 10901 10902 10903 10904 10905 10906 10907 10908 10909 10910 10911 10912 10913 10914 10915 10916 10917 10918 10919 10920 10921 10922 10923 10924 10925 H. B. No. 96 Page 390 As Introduced (1) The owner-occupied residential property that is the subject of the application is a historic building or a portion thereof, and the applicant is the owner of the historic building or portion that is owner-occupied residential property. (2) 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) The historic building constituting or containing the owner-occupied residential property that is the subject of the application is not, and will not upon completion of the rehabilitation project be, part of a qualified low-income housing project allocated a tax credit pursuant to 26 U.S.C. 42. An applicant shall demonstrate to the satisfaction of the state historic preservation officer and director that the rehabilitation will satisfy the standards described in division (C)(2) of this section before the applicant begins the physical rehabilitation of the owner-occupied residential property. (D)(l) 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 one hundred twenty thousand dollars in rehabilitation tax credits for any owner-occupied residential property. Beginning in fiscal year 2026, the director shall not approve more than a total of ten million dollars of rehabilitation tax credits per fiscal year under this section, but the director may reallocate unawarded or rescinded tax credits from a preceding fiscal year for new applicants, and such reallocated credits do not apply toward the limit 10926 10927 10928 10929 10930 10931 10932 10933 10934 10935 10936 10937 10938 10939 10940 10941 10942 10943 10944 10945 10946 10947 10948 10949 10950 10951 10952 10953 10954 10955 H. B. No. 96 Page 391 As Introduced prescribed by this division. For joint owners of owner-occupied residential property filing separate returns under section 5747.08 of the Revised Code, a tax credit granted under this section may be claimed by either owner or divided equally, but the combined tax credits claimed shall not exceed the amount listed on the certificate. (2) For rehabilitations with a rehabilitation period not exceeding twenty-four months as described in division (A)(6)(a) of this section, a rehabilitation tax credit certificate shall not be issued under this section before the rehabilitation of the historic building is completed. (3) For rehabilitations with a rehabilitation period not exceeding sixty months as described in division (A)(6)(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 rehabilitation, 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. (4) The director 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 owner-occupied residential property when qualified rehabilitation expenditures exceed two hundred thousand dollars. If an applicant whose application is approved for receipt of a rehabilitation tax credit certificate under this section fails to provide to the director sufficient evidence of 10956 10957 10958 10959 10960 10961 10962 10963 10964 10965 10966 10967 10968 10969 10970 10971 10972 10973 10974 10975 10976 10977 10978 10979 10980 10981 10982 10983 10984 10985 H. B. No. 96 Page 392 As Introduced 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 receives 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 is rescinded. Credits that would have been available to an applicant whose approval is rescinded shall be available for other qualified applicants. Nothing in this division prohibits an applicant whose approval is rescinded from submitting a new application for a rehabilitation tax credit certificate. (5) The director shall rescind the approval of any application submitted under this section if the historic building constituting or containing the owner-occupied residential property that is the subject of the application is part of a qualified low-income housing project allocated a tax credit pursuant to 26 U.S.C. 42 at any time before the building's rehabilitation is complete. (6) The director shall not issue more than one certificate under this section with respect to the same qualified rehabilitation expenditures. (7) The director shall not issue a rehabilitation tax credit certificate under this section until the owner occupies the historic building as the owner's primary residence. (E) Issuance of a certificate authorized by this section represents a finding by the director of the matters described in 10986 10987 10988 10989 10990 10991 10992 10993 10994 10995 10996 10997 10998 10999 11000 11001 11002 11003 11004 11005 11006 11007 11008 11009 11010 11011 11012 11013 11014 11015 H. B. No. 96 Page 393 As Introduced division (C) 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 5747.761 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 a rule adopted under this section. (F) The director may charge reasonable application and other fees in connection with the administration of tax credits authorized by this section and section 5747.761 of the Revised Code. Any such fees collected shall be credited to the historic rehabilitation tax credit operating fund and used to pay reasonable costs incurred by the department of development in administering this section and section 5747.761 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 historic rehabilitation tax credit operating fund and used to pay administrative costs incurred by the Ohio historic preservation office in administering this section. Sec. 149.38. (A) Except as otherwise provided in section 11016 11017 11018 11019 11020 11021 11022 11023 11024 11025 11026 11027 11028 11029 11030 11031 11032 11033 11034 11035 11036 11037 11038 11039 11040 11041 11042 11043 11044 11045 H. B. No. 96 Page 394 As Introduced 307.847 of the Revised Code, there is hereby created in each county a county records commission, composed of a member of the board of county commissioners as chairperson, the prosecuting attorney, the auditor, the recorder, and the clerk of the court of common pleas. The commission shall appoint a secretary, who may or may not be a member of the commission and who shall serve at the pleasure of the commission. The commission may employ an archivist or records manager to serve under its direction. The commission shall meet upon the call of the chairperson. (B)(1) The functions of the county records commission shall be to provide rules for retention and disposal of records of the county, and to review applications for one-time disposal of obsolete records and schedules of records retention and disposition submitted by county offices. The commission may dispose of records pursuant to the procedure outlined in this section. The commission, at any time, may review any schedule it has previously approved and, for good cause shown, may revise that schedule, subject to division (D) of this section. (2)(a) As used in division (B)(2) of this section, "paper case records" means written reports of child abuse or neglect, written records of investigations, or other written records required to be prepared under section 2151.421, 5101.13, 5153.166, or 5153.17, or 5180.40 of the Revised Code. (b) A county public children services agency may submit to the county records commission applications for one-time disposal, or schedules of records retention and disposition, of paper case records that have been entered into permanently maintained and retrievable fields in the state automated child welfare information system established under section 5101.13 5180.40 of the Revised Code or entered into other permanently 11046 11047 11048 11049 11050 11051 11052 11053 11054 11055 11056 11057 11058 11059 11060 11061 11062 11063 11064 11065 11066 11067 11068 11069 11070 11071 11072 11073 11074 11075 H. B. No. 96 Page 395 As Introduced maintained and retrievable electronic files. The county records commission may dispose of the paper case records pursuant to the procedure outlined in this section. (C)(1) When the county records commission has approved any county application for one-time disposal of obsolete records or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio history connection for its review. The Ohio history connection shall review the application or schedule within a period of not more than sixty days after its receipt of it. During the sixty- day review period, the Ohio history connection may select for its custody from the application for one-time disposal of obsolete records any records it considers to be of continuing historical value, and shall denote upon any schedule of records retention and disposition any records for which the Ohio history connection will require a certificate of records disposal prior to their disposal. (2) Upon completion of its review, the Ohio history connection shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state for the auditor's approval or disapproval. The auditor of state shall approve or disapprove the application or schedule within a period of not more than sixty days after receipt of it. (3) Before public records are to be disposed of pursuant to an approved schedule of records retention and disposition, the county records commission shall inform the Ohio history connection of the disposal through the submission of a certificate of records disposal for only the records required by the schedule to be disposed of and shall give the Ohio history 11076 11077 11078 11079 11080 11081 11082 11083 11084 11085 11086 11087 11088 11089 11090 11091 11092 11093 11094 11095 11096 11097 11098 11099 11100 11101 11102 11103 11104 11105 H. B. No. 96 Page 396 As Introduced connection the opportunity for a period of fifteen business days to select for its custody those records, from the certificate submitted, that it considers to be of continuing historical value. Upon the expiration of the fifteen-business-day period, the county records commission also shall notify the public libraries, county historical society, state universities, and other public or quasi-public institutions, agencies, or corporations in the county that have provided the commission with their name and address for these notification purposes, that the commission has informed the Ohio history connection of the records disposal and that the notified entities, upon written agreement with the Ohio history connection pursuant to section 149.31 of the Revised Code, may select records of continuing historical value, including records that may be distributed to any of the notified entities under section 149.31 of the Revised Code. Any notified entity that notifies the county records commission of its intent to review and select records of continuing historical value from certificates of records disposal is responsible for the cost of any notice given and for the transportation of those records. (D) The rules of the county records commission shall include a rule that requires any receipts, checks, vouchers, or other similar records pertaining to expenditures from the delinquent tax and assessment collection fund created in section 321.261 of the Revised Code, from the real estate assessment fund created in section 325.31 of the Revised Code, or from amounts allocated for the furtherance of justice to the county sheriff under section 325.071 of the Revised Code or to the prosecuting attorney under section 325.12 of the Revised Code to be retained for at least four years. (E) No person shall knowingly violate the rule adopted 11106 11107 11108 11109 11110 11111 11112 11113 11114 11115 11116 11117 11118 11119 11120 11121 11122 11123 11124 11125 11126 11127 11128 11129 11130 11131 11132 11133 11134 11135 11136 H. B. No. 96 Page 397 As Introduced under division (D) of this section. Whoever violates that rule is guilty of a misdemeanor of the first degree. 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 children and youth or, pursuant to section 3111.69 of the Revised Code, the office of 11137 11138 11139 11140 11141 11142 11143 11144 11145 11146 11147 11148 11149 11150 11151 11152 11153 11154 11155 11156 11157 11158 11159 11160 11161 11162 11163 11164 11165 H. B. No. 96 Page 398 As Introduced child support in the department of job and family services 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 under section 5120.21 of the Revised Code, except for permitted disclosure of the information listed in division (E)(1) of that section; (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; (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 11166 11167 11168 11169 11170 11171 11172 11173 11174 11175 11176 11177 11178 11179 11180 11181 11182 11183 11184 11185 11186 11187 11188 11189 11190 11191 11192 H. B. No. 96 Page 399 As Introduced 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; 11193 11194 11195 11196 11197 11198 11199 11200 11201 11202 11203 11204 11205 11206 11207 11208 11209 11210 11211 11212 11213 11214 11215 11216 11217 11218 11219 11220 11221 H. B. No. 96 Page 400 As Introduced (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; (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 11222 11223 11224 11225 11226 11227 11228 11229 11230 11231 11232 11233 11234 11235 11236 11237 11238 11239 11240 11241 11242 11243 11244 11245 11246 11247 11248 11249 H. B. No. 96 Page 401 As Introduced 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; 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; and any real property confidentiality notice filed under section 111.431 of the Revised Code and the information described in division (C) of that section. 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 information of an individual who is less than eighteen years of age that is included in any record related to a traffic accident involving a school vehicle in which the individual was an occupant at the time of the accident; (hh) Protected health information, as defined in 45 C.F.R. 160.103, that is in a claim for payment for a health care product, service, or procedure, as well as any other health claims data in another document that reveals the identity of an 11250 11251 11252 11253 11254 11255 11256 11257 11258 11259 11260 11261 11262 11263 11264 11265 11266 11267 11268 11269 11270 11271 11272 11273 11274 11275 11276 11277 11278 11279 H. B. No. 96 Page 402 As Introduced individual who is the subject of the data or could be used to reveal that individual's identity; (ii) Any depiction by photograph, film, videotape, or printed or digital image under either of the following circumstances: (i) The depiction is that of a victim of an offense the release of which would be, to a reasonable person of ordinary sensibilities, an offensive and objectionable intrusion into the victim's expectation of bodily privacy and integrity. (ii) The depiction captures or depicts the victim of a sexually oriented offense, as defined in section 2950.01 of the Revised Code, at the actual occurrence of that offense. (jj) Restricted portions of a body-worn camera or dashboard camera recording; (kk) In the case of a fetal-infant mortality review board acting under sections 3707.70 to 3707.77 of the Revised Code, records, documents, reports, or other information presented to the board or a person abstracting such materials on the board's behalf, statements made by review board members during board meetings, all work products of the board, and data submitted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code. (ll) Records, documents, reports, or other information presented to the pregnancy-associated mortality review board established under section 3738.01 5180.27 of the Revised Code, statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the biennial reports prepared 11280 11281 11282 11283 11284 11285 11286 11287 11288 11289 11290 11291 11292 11293 11294 11295 11296 11297 11298 11299 11300 11301 11302 11303 11304 11305 11306 11307 11308 H. B. No. 96 Page 403 As Introduced under section 3738.08 5180.277 of the Revised Code; (mm) Except as otherwise provided in division (A)(1)(oo) of this section, telephone numbers for a victim, as defined in section 2930.01 of the Revised Code or a witness to a crime that are listed on any law enforcement record or report. (nn) A preneed funeral contract, as defined in section 4717.01 of the Revised Code, and contract terms and personally identifying information of a preneed funeral contract, that is contained in a report submitted by or for a funeral home to the board of embalmers and funeral directors under division (C) of section 4717.13, division (J) of section 4717.31, or section 4717.41 of the Revised Code. (oo) Telephone numbers for a party to a motor vehicle accident subject to the requirements of section 5502.11 of the Revised Code that are listed on any law enforcement record or report, except that the telephone numbers described in this division are not excluded from the definition of "public record" under this division on and after the thirtieth day after the occurrence of the motor vehicle accident. (pp) Records pertaining to individuals who complete training under section 5502.703 of the Revised Code to be permitted by a school district board of education or governing body of a community school established under Chapter 3314. of the Revised Code, a STEM school established under Chapter 3326. of the Revised Code, or a chartered nonpublic school to convey deadly weapons or dangerous ordnance into a school safety zone; (qq) Records, documents, reports, or other information presented to a domestic violence fatality review board established under section 307.651 of the Revised Code, 11309 11310 11311 11312 11313 11314 11315 11316 11317 11318 11319 11320 11321 11322 11323 11324 11325 11326 11327 11328 11329 11330 11331 11332 11333 11334 11335 11336 11337 H. B. No. 96 Page 404 As Introduced statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than a report prepared pursuant to section 307.656 of the Revised Code; (rr) Records, documents, and information the release of which is prohibited under sections 2930.04 and 2930.07 of the Revised Code; (ss) Records of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code that do not pertain to a purpose for which the district is created; (tt) Educational support services data, as defined in section 3319.325 of the Revised Code; (uu) Records of the past, current, and future work schedule of a designated public service worker. As used in division (A)(1)(uu) of this section, "work schedule" does not include the docket of cases of a court, judge, or magistrate; (vv) A request form or confirmation letter submitted to a public office under section 149.45 of the Revised Code; (ww) An affidavit or confirmation letter submitted under section 319.28 of the Revised Code; (xx) License or certificate application or renewal responses and supporting documentation submitted to the state medical board regarding an applicant's, or a license or certificate holder's, inability to practice according to

(136th General Assembly) (Amended Substitute House Bill Number 96) AN ACT To amend sections 3.15, 9.03, 9.07, 9.239, 9.24, 9.27, 9.28, 9.312, 9.331, 9.334, 9.35, 9.67, 9.681, 9.821, 101.30, 101.352, 101.53, 101.63, 101.65, 101.82, 101.83, 101.84, 102.02, 103.05, 103.051, 103.13, 103.65, 106.02, 106.021, 106.023, 106.024, 106.031, 107.03, 107.032, 107.033, 107.12, 109.02, 109.71, 109.73, 109.77, 109.803, 111.15, 111.27, 113.05, 113.13, 113.40, 113.51, 113.53, 113.78, 117.11, 117.38, 117.44, 117.56, 119.03, 119.04, 120.06, 120.08, 121.02, 121.03, 121.085, 121.22, 121.35, 121.36, 121.37, 121.93, 121.931, 121.95, 121.951, 121.953, 122.09, 122.14, 122.175, 122.1710, 122.41, 122.42, 122.47, 122.49, 122.53, 122.571, 122.59, 122.631, 122.632, 122.633, 122.6510, 122.6511, 122.6512, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701, 122.702, 122.84, 122.85, 122.86, 123.10, 123.28, 123.281, 124.02, 124.07, 124.135, 124.1310, 124.1312, 124.152, 124.385, 125.01, 125.041, 125.071, 125.11, 125.111, 125.13, 125.183, 125.31, 125.42, 125.58, 125.95, 126.24, 126.42, 126.60, 126.62, 127.12, 127.13, 127.16, 128.021, 128.41, 128.46, 128.54, 131.01, 131.02, 131.35, 131.43, 131.50, 131.51, 133.18, 135.01, 135.03, 135.143, 135.18, 135.35, 135.70, 135.71, 141.04, 145.012, 145.054, 145.055, 145.09, 145.091, 145.99, 148.01, 148.02, 148.04, 148.041, 148.042, 148.05, 148.10, 149.011, 149.10, 149.30, 149.3010, 149.311, 149.38, 149.43, 153.01, 153.07, 153.08, 153.09, 153.12, 153.13, 153.14, 153.501, 153.502, 153.54, 153.59, 153.63, 153.693, 155.33, 155.34, 163.01, 164.01, 164.05, 164.06, 164.08, 164.14, 165.04, 166.01, 166.02, 166.03, 166.08, 166.12, 166.17, 169.01, 169.05, 169.08, 169.13, 173.38, 173.381, 173.391, 173.50, 173.525, 175.16, 175.17, 303.12, 305.021, 305.03, 306.32, 306.322, 306.43, 307.05, 307.673, 307.696, 307.697, 307.86, 307.985, 308.13, 311.14, 317.20, 319.04, 319.202, 319.301, 319.302, 321.03, 323.131, 323.152, 323.153, 323.155, 323.156, 323.158, 323.611, 325.18, 325.25, 340.01, 340.011, 340.02, 340.021, 340.022, 340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05, 340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 345.01, 345.03, 345.04, 349.01, 355.04, 501.09, 501.11, 504.14, 505.24, 505.37, 505.48, 505.481, 507.09, 507.12, 511.28, 511.34, 513.18, 519.12, 523.06, 703.331, 703.34, 717.051, 718.01, 718.031, 718.05, 718.12, 718.13, 718.19, 718.85, 718.88, 718.90, 718.91, 731.14, 731.141, 731.29, 733.81, 735.05, 742.043, 742.044, 742.99, 749.31, 755.181, 901.43, 904.02, 904.04, 905.32, 905.57, 907.13, 907.14, 909.01, 909.02, 909.07, 909.08, 909.09, 909.13, 911.02, 913.23, 915.16, 915.24, 921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, Am. Sub. H. B. No. 96 136th G.A. 2 921.14, 921.16, 921.23, 921.24, 923.42, 923.44, 923.51, 924.01, 924.30, 924.51, 927.53, 928.02, 928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17, 935.20, 935.24, 943.04, 943.16, 943.26, 943.99, 956.07, 956.10, 956.13, 956.16, 956.18, 956.21, 956.22, 956.23, 1311.04, 1311.252, 1317.05, 1317.06, 1321.21, 1347.08, 1509.02, 1509.07, 1509.071, 1509.13, 1509.36, 1509.38, 1517.11, 1531.01, 1533.10, 1533.11, 1533.111, 1533.13, 1533.131, 1533.32, 1545.041, 1545.21, 1546.04, 1547.54, 1548.06, 1561.13, 1561.16, 1561.23, 1561.46, 1561.48, 1701.04, 1701.07, 1703.041, 1707.01, 1707.14, 1707.47, 1711.30, 1713.03, 1901.123, 1901.26, 1907.143, 1907.24, 2101.11, 2101.16, 2108.34, 2151.27, 2151.311, 2151.316, 2151.356, 2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424, 2151.45, 2151.451, 2151.452, 2151.453, 2152.26, 2303.12, 2303.201, 2303.26, 2307.66, 2329.66, 2501.16, 2743.03, 2907.15, 2913.401, 2915.01, 2917.211, 2919.171, 2919.19, 2921.13, 2921.36, 2921.41, 2925.14, 2933.32, 2949.12, 2951.041, 2953.32, 2967.14, 2967.18, 2967.26, 2967.271, 2967.28, 2969.13, 2981.02, 3101.08, 3105.171, 3105.63, 3107.01, 3107.012, 3107.031, 3107.033, 3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391, 3109.14, 3109.171, 3109.172, 3109.173, 3109.178, 3115.201, 3119.01, 3121.441, 3123.89, 3123.90, 3301.01, 3301.02, 3301.03, 3301.06, 3301.071, 3301.074, 3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.541, 3301.57, 3302.03, 3302.034, 3302.20, 3302.42, 3305.05, 3305.053, 3307.044, 3307.05, 3307.06, 3307.07, 3307.073, 3307.074, 3307.10, 3307.11, 3307.27, 3307.99, 3309.073, 3309.074, 3309.47, 3309.99, 3310.033, 3310.41, 3310.51, 3310.52, 3310.58, 3310.64, 3311.053, 3311.50, 3313.27, 3313.413, 3313.46, 3313.489, 3313.5313, 3313.603, 3313.608, 3313.609, 3313.6013, 3313.6022, 3313.6028, 3313.618, 3313.6113, 3313.6114, 3313.64, 3313.753, 3313.90, 3313.975, 3313.98, 3314.011, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02, 3314.021, 3314.03, 3314.034, 3314.038, 3314.05, 3314.07, 3314.08, 3314.19, 3314.191, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36, 3314.361, 3314.381, 3314.382, 3315.18, 3315.181, 3316.031, 3316.041, 3316.043, 3316.06, 3316.08, 3316.16, 3317.01, 3317.011, 3317.012, 3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02, 3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213, 3317.0215, 3317.0217, 3317.03, 3317.035, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162, 3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3318.01, 3318.032, 3318.051, 3318.06, 3318.061, 3318.062, 3318.063, 3318.12, 3318.361, 3318.40, 3318.45, 3318.48, 3319.073, 3319.088, 3319.111, 3319.223, 3319.236, 3319.263, 3319.29, 3319.301, 3319.311, 3319.51, 3320.04, 3321.16, 3321.19, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17, Am. Sub. H. B. No. 96 136th G.A. 3 3326.11, 3326.44, 3326.51, 3327.017, 3327.08, 3327.10, 3328.16, 3328.24, 3332.081, 3333.04, 3333.041, 3333.129, 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135, 3333.164, 3333.24, 3333.374, 3334.11, 3335.39, 3339.06, 3344.07, 3345.06, 3345.382, 3345.48, 3345.591, 3345.71, 3345.74, 3345.75, 3352.16, 3354.19, 3358.08, 3358.11, 3364.07, 3365.15, 3375.15, 3375.22, 3375.30, 3375.39, 3375.92, 3379.03, 3379.12, 3381.03, 3381.11, 3381.17, 3501.01, 3501.02, 3501.05, 3501.12, 3501.17, 3501.28, 3505.03, 3505.04, 3505.06, 3505.33, 3505.38, 3513.04, 3513.05, 3513.052, 3513.10, 3513.19, 3517.01, 3517.08, 3517.081, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 3517.108, 3517.109, 3517.1012, 3517.11, 3517.121, 3517.13, 3517.152, 3517.153, 3517.154, 3517.155, 3517.157, 3517.20, 3517.21, 3517.22, 3517.23, 3517.992, 3517.993, 3701.021, 3701.033, 3701.045, 3701.511, 3701.65, 3701.79, 3701.841, 3704.01, 3704.03, 3704.031, 3704.09, 3704.111, 3704.14, 3705.126, 3705.16, 3705.17, 3706.01, 3709.15, 3715.021, 3717.071, 3718.02, 3718.04, 3719.04, 3721.32, 3728.01, 3734.021, 3734.05, 3734.57, 3734.79, 3734.901, 3734.904, 3734.907, 3735.67, 3735.671, 3737.83, 3738.01, 3738.03, 3738.04, 3738.06, 3738.08, 3738.09, 3742.32, 3742.50, 3743.04, 3743.06, 3743.17, 3743.19, 3743.25, 3743.60, 3743.61, 3743.63, 3743.65, 3745.11, 3745.21, 3748.13, 3750.02, 3769.088, 3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13, 3770.25, 3772.02, 3775.16, 3780.02, 3780.03, 3780.06, 3780.10, 3780.24, 3780.26, 3780.30, 3781.10, 3781.102, 3781.1011, 3901.90, 3902.70, 3905.426, 3905.72, 3923.443, 3951.03, 3959.01, 3959.111, 4112.055, 4117.08, 4117.10, 4141.01, 4141.02, 4141.162, 4141.23, 4141.281, 4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30, 4301.421, 4303.181, 4303.183, 4303.204, 4303.2011, 4303.233, 4305.131, 4501.027, 4501.21, 4501.29, 4501.30, 4501.302, 4503.038, 4503.06, 4503.0610, 4503.0611, 4503.10, 4503.102, 4503.29, 4503.41, 4503.579, 4503.91, 4505.07, 4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.131, 4506.14, 4507.061, 4507.08, 4507.09, 4507.21, 4507.40, 4507.53, 4508.02, 4509.06, 4509.07, 4509.101, 4509.70, 4511.01, 4511.75, 4511.76, 4511.77, 4511.771, 4511.78, 4517.01, 4517.52, 4517.60, 4519.59, 4582.024, 4582.26, 4701.01, 4701.04, 4701.16, 4707.024, 4723.28, 4723.483, 4723.4811, 4725.48, 4729.01, 4729.49, 4729.52, 4729.53, 4729.54, 4729.541, 4729.56, 4729.561, 4729.60, 4729.80, 4729.901, 4729.902, 4729.921, 4730.25, 4730.433, 4730.437, 4730.99, 4731.22, 4731.2210, 4731.92, 4731.96, 4731.99, 4735.01, 4735.06, 4735.09, 4735.55, 4735.56, 4735.80, 4740.06, 4741.04, 4743.05, 4743.10, 4749.01, 4751.20, 4751.24, 4751.25, 4758.01, 4758.02, 4758.03, 4758.10, 4758.13, 4758.20, 4758.22, 4758.221, 4758.23, 4758.24, 4758.27, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, Am. Sub. H. B. No. 96 136th G.A. 4 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.52, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59, 4758.99, 4759.07, 4759.99, 4760.13, 4760.99, 4761.09, 4761.99, 4762.13, 4762.99, 4765.11, 4765.55, 4767.10, 4772.20, 4772.21, 4772.23, 4772.99, 4774.13, 4774.99, 4778.14, 4778.99, 4785.041, 4903.10, 4905.311, 4906.07, 4911.18, 4921.01, 4923.01, 4927.01, 4928.05, 4928.06, 4928.102, 4928.34, 4928.43, 4928.51, 4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544, 4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66, 4928.75, 4928.86, 4981.02, 5101.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141, 5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412, 5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418, 5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212, 5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28, 5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461, 5101.542, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853, 5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 5101.8812, 5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897, 5101.899, 5101.98, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15, 5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12, 5104.29, 5104.30, 5104.32, 5104.34, 5104.36, 5104.37, 5104.38, 5104.41, 5104.50, 5104.99, 5117.07, 5117.12, 5119.01, 5119.011, 5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091, 5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17, 5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187, 5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30, 5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333, 5119.334, 5119.34, 5119.342, 5119.343, 5119.35, 5119.36, 5119.362, 5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37, 5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394, 5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43, 5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49, 5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60, 5119.61, 5119.71, 5119.82, 5119.85, 5119.89, 5119.90, 5119.99, 5120.034, 5120.035, 5120.16, 5120.173, 5120.21, 5120.51, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43, 5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23, 5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36, 5122.44, 5122.45, 5122.46, 5122.47, 5123.081, 5123.16, 5123.168, 5123.169, 5123.191, 5123.41, 5123.42, 5123.47, 5124.15, 5139.05, 5139.08, 5139.12, 5139.14, 5139.34, 5145.162, 5153.10, 5153.122, 5153.16, 5153.163, 5160.37, 5162.13, Am. Sub. H. B. No. 96 136th G.A. 5 5162.132, 5162.133, 5162.134, 5162.136, 5162.1310, 5162.70, 5162.82, 5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30, 5163.33, 5165.19, 5165.192, 5165.26, 5166.03, 5167.01, 5167.03, 5167.123, 5167.24, 5168.08, 5168.11, 5168.22, 5168.25, 5168.90, 5180.14, 5180.17, 5180.20, 5180.21, 5180.22, 5310.06, 5310.47, 5323.02, 5501.91, 5502.262, 5502.29, 5502.30, 5502.41, 5503.02, 5505.045, 5505.046, 5505.99, 5525.03, 5537.01, 5537.02, 5537.03, 5537.27, 5540.02, 5595.02, 5701.11, 5703.052, 5703.19, 5703.21, 5703.37, 5703.70, 5705.01, 5705.03, 5705.12, 5705.121, 5705.13, 5705.131, 5705.132, 5705.14, 5705.194, 5705.199, 5705.21, 5705.212, 5705.213, 5705.215, 5705.217, 5705.218, 5705.219, 5705.2111, 5705.2114, 5705.221, 5705.222, 5705.233, 5705.25, 5705.251, 5705.261, 5705.27, 5705.28, 5705.29, 5705.30, 5705.31, 5705.314, 5705.32, 5705.321, 5705.35, 5705.36, 5705.37, 5705.38, 5705.391, 5705.40, 5705.412, 5705.55, 5709.081, 5709.212, 5709.92, 5709.93, 5715.19, 5717.01, 5725.01, 5725.23, 5725.35, 5725.38, 5726.03, 5726.20, 5726.61, 5726.98, 5727.111, 5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.89, 5728.10, 5729.10, 5729.18, 5729.21, 5735.12, 5736.09, 5739.01, 5739.011, 5739.02, 5739.03, 5739.07, 5739.09, 5739.092, 5739.101, 5739.12, 5739.13, 5739.132, 5739.31, 5743.021, 5743.024, 5743.081, 5743.323, 5743.52, 5743.54, 5743.55, 5743.56, 5743.57, 5743.59, 5743.60, 5743.62, 5743.63, 5743.64, 5745.03, 5745.04, 5745.09, 5745.12, 5747.01, 5747.02, 5747.021, 5747.025, 5747.05, 5747.062, 5747.063, 5747.064, 5747.07, 5747.071, 5747.08, 5747.09, 5747.10, 5747.13, 5747.38, 5747.39, 5747.40, 5747.43, 5747.502, 5747.51, 5747.72, 5747.85, 5747.86, 5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04, 5748.08, 5748.081, 5748.09, 5749.02, 5749.07, 5751.02, 5751.09, 5751.53, 5751.98, 5753.031, 5753.07, 5907.11, 5907.17, 5923.30, 6101.53, 6101.54, 6101.55, 6111.01, and 6111.04; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 103.412 (103.411), 103.414 (103.412), 103.73 (109.39), 122.66 (5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314), 122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317), 122.702 (5101.318), 3517.152 (3517.14), 3517.153 (3517.15), 3517.154 (3517.16), 3517.155 (3517.17), 3517.157 (3517.18), 3517.992 (3517.99), 3517.993 (3517.171), 3701.65 (5180.72), 3738.01 (5180.27), 3738.02 (5180.271), 3738.03 (5180.272), 3738.04 (5180.273), 3738.05 (5180.274), 3738.06 (5180.275), 3738.07 (5180.276), 3738.08 (5180.277), 3738.09 (5180.278), 5101.13 (5180.40), 5101.131 (5180.401), 5101.132 (5180.402), 5101.133 (5180.403), 5101.134 (5180.404), 5101.135 (5180.405), 5101.136 (5180.406), 5101.137 (5180.407), 5101.14 (5180.41), 5101.141 (5180.42), 5101.142 (5180.421), 5101.144 (5180.411), 5101.145 Am. Sub. H. B. No. 96 136th G.A. 6 (5180.422), 5101.146 (5180.423), 5101.147 (5180.424), 5101.148 (5180.425), 5101.149 (5180.426), 5101.1410 (5180.427), 5101.1411 (5180.428), 5101.1412 (5180.429), 5101.1413 (5180.4210), 5101.1414 (5180.4211), 5101.1415 (5180.4212), 5101.1416 (5180.4213), 5101.1417 (5180.4214), 5101.1418 (5180.43), 5101.15 (5180.44), 5101.19 (5180.45), 5101.191 (5180.451), 5101.192 (5180.452), 5101.193 (5180.453), 5101.194 (5180.454), 5101.34 (5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343 (5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78 (5180.262), 5101.802 (5180.52), 5101.804 (5180.71), 5101.805 (5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853 (5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856 (5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884 (5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887 (5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812 (5180.56), 5104.50 (5180.04), and 5180.40 (5180.73); to enact new sections 103.41, 107.034, 3313.902, 3313.905, 3314.38, 3321.191, 3333.0415, 3345.86, 3517.991, and 3780.22 and sections 5.62, 9.05, 9.561, 9.64, 9.691, 106.025, 106.026, 106.033, 111.29, 118.29, 121.16, 122.1712, 122.1713, 122.636, 122.97, 122.98, 122.981, 123.14, 123.282, 123.283, 123.30, 124.184, 125.052, 126.024, 126.10, 126.17, 126.67, 131.026, 135.1411, 148.021, 173.503, 319.304, 731.291, 924.212, 943.27, 1310.251, 1349.10, 1349.101, 1501.022, 1501.023, 1501.46, 1501.47, 1509.075, 1513.371, 1546.25, 1546.26, 1713.032, 1713.033, 1713.041, 3301.24, 3301.82, 3310.037, 3310.21, 3310.22, 3310.23, 3310.24, 3310.25, 3310.26, 3310.412, 3310.413, 3310.523, 3311.242, 3313.536, 3313.6031, 3313.6032, 3313.7118, 3314.093, 3314.362, 3315.063, 3317.165, 3317.27, 3317.28, 3317.29, 3317.31, 3319.173, 3319.2310, 3321.043, 3332.17, 3332.21, 3332.22, 3333.0420, 3333.053, 3333.074, 3333.1210, 3333.952, 3333.96, 3333.97, 3345.457, 3345.58, 3345.601, 3345.721, 3345.83, 3345.89, 3375.47, 3501.055, 3701.88, 3704.0310, 3707.61, 3721.074, 3722.15, 3727.46, 3743.48, 3770.074, 3770.075, 3780.37, 3901.047, 3901.3815, 3902.631, 3959.121, 4113.31, 4141.011, 4141.08, 4517.521, 4561.03, 4582.72, 4582.73, 4729.261, 4731.256, 4741.041, 4927.22, 4928.545, 5101.042, 5101.543, 5101.548, 5101.549, 5101.612, 5101.95, 5103.039, 5103.0520, 5103.09, 5104.302, 5104.53, 5104.54, 5104.60, 5119.211, 5119.344, 5119.345, 5123.1613, 5123.423, 5126.222, 5145.32, 5162.08, 5162.14, 5162.25, 5162.251, 5163.04, 5163.104, 5163.11, 5163.50, 5164.093, 5166.50, 5167.09, 5180.705, 5180.706, 5180.707, 5180.99, 5303.34, 5703.83, 5705.17, 5705.316, 5705.60, 5709.89, 5726.62, 5743.511, 5743.521, 5743.621, 5743.631, 5747.073, 5747.124, and 5747.87; and to repeal sections 9.47, 101.38, 103.053, 103.054, 103.24, 103.41, 103.411, Am. Sub. H. B. No. 96 136th G.A. 7 103.413, 103.415, 103.60, 103.71, 103.72, 103.74, 103.75, 103.76, 103.77, 103.78, 103.79, 107.034, 113.06, 113.78, 117.113, 117.251, 117.441, 117.51, 122.451, 122.55, 122.56, 122.561, 122.57, 122.852, 125.181, 125.36, 125.38, 125.43, 125.49, 125.51, 125.56, 125.65, 125.76, 125.95, 128.412, 135.144, 501.03, 904.06, 905.56, 935.25, 956.181, 1561.18, 1561.21, 1561.22, 2919.1910, 3313.902, 3313.905, 3314.38, 3314.50, 3317.0218, 3317.036, 3317.071, 3317.23, 3317.231, 3317.24, 3321.191, 3333.0415, 3333.303, 3333.373, 3333.801, 3345.86, 3354.24, 3379.10, 3513.254, 3513.255, 3513.256, 3513.259, 3517.14, 3517.151, 3517.156, 3517.99, 3517.991, 3701.0212, 3701.051, 3780.18, 3780.19, 3780.22, 3780.23, 4115.31, 4115.32, 4115.33, 4115.34, 4115.35, 4115.36, 4729.551, 4758.18, 4758.241, 4758.50, 4928.57, 4928.581, 4928.582, 4928.583, 5104.08, 5123.352, 5160.23, 5163.05, 5165.261, 5166.45, 5180.23, 5180.24, 5180.34, 5310.05, 5310.06, 5310.07, 5310.08, 5310.09, 5310.10, 5310.11, 5310.12, 5310.13, 5310.14, 5537.24, 5705.192, 5705.195, 5705.196, 5705.197, 5726.59, 5739.071, 5747.29, 5747.67, 5747.75, 5751.55, 5902.06, and 5902.20 of the Revised Code and to amend Section 755.60 of H.B. 54 of the 136th General Assembly, Sections 200.30 as subsequently amended, 207.37, 221.15 as subsequently amended, 243.10 as subsequently amended, 363.10, 371.20 as subsequently amended, and 373.15 as subsequently amended of H.B. 2 of the 135th General Assembly, Section 265.550 of H.B. 33 of the 135th General Assembly as subsequently amended, Section 14 of H.B. 238 of the 135th General Assembly, Section 270.14 of H.B. 45 of the 134th General Assembly as subsequently amended, and Section 5 of H.B. 554 of the 134th General Assembly as subsequently amended; to amend Section 733.61 of H.B. 166 of the 133rd General Assembly as subsequently amended to codify it as section 3313.6033 of the Revised Code; and to repeal Sections 335.20 and 757.60 of H.B. 33 of the 135th General Assembly, Section 6 of H.B. 150 of the 134th General Assembly, Section 5 of S.B. 202 of the 134th General Assembly, and Sections 125.10 as subsequently amended and 125.11 as subsequently amended of H.B. 59 of the 130th General Assembly to make operating appropriations for the biennium beginning July 1, 2025, and ending June 30, 2027, to levy taxes, and to provide authorization and conditions for the operation of state programs. Be it enacted by the General Assembly of the State of Ohio: SECTION 101.01. That sections 3.15, 9.03, 9.07, 9.239, 9.24, 9.27, 9.28, 9.312, 9.331, 9.334, 9.35, 9.67, 9.681, 9.821, 101.30, 101.352, 101.53, 101.63, 101.65, 101.82, 101.83, 101.84, 102.02, 103.05, 103.051, 103.13, 103.65, 106.02, 106.021, 106.023, 106.024, 106.031, 107.03, 107.032, Am. Sub. H. B. No. 96 136th G.A. 8 107.033, 107.12, 109.02, 109.71, 109.73, 109.77, 109.803, 111.15, 111.27, 113.05, 113.13, 113.40, 113.51, 113.53, 113.78, 117.11, 117.38, 117.44, 117.56, 119.03, 119.04, 120.06, 120.08, 121.02, 121.03, 121.085, 121.22, 121.35, 121.36, 121.37, 121.93, 121.931, 121.95, 121.951, 121.953, 122.09, 122.14, 122.175, 122.1710, 122.41, 122.42, 122.47, 122.49, 122.53, 122.571, 122.59, 122.631, 122.632, 122.633, 122.6510, 122.6511, 122.6512, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701, 122.702, 122.84, 122.85, 122.86, 123.10, 123.28, 123.281, 124.02, 124.07, 124.135, 124.1310, 124.1312, 124.152, 124.385, 125.01, 125.041, 125.071, 125.11, 125.111, 125.13, 125.183, 125.31, 125.42, 125.58, 125.95, 126.24, 126.42, 126.60, 126.62, 127.12, 127.13, 127.16, 128.021, 128.41, 128.46, 128.54, 131.01, 131.02, 131.35, 131.43, 131.50, 131.51, 133.18, 135.01, 135.03, 135.143, 135.18, 135.35, 135.70, 135.71, 141.04, 145.012, 145.054, 145.055, 145.09, 145.091, 145.99, 148.01, 148.02, 148.04, 148.041, 148.042, 148.05, 148.10, 149.011, 149.10, 149.30, 149.3010, 149.311, 149.38, 149.43, 153.01, 153.07, 153.08, 153.09, 153.12, 153.13, 153.14, 153.501, 153.502, 153.54, 153.59, 153.63, 153.693, 155.33, 155.34, 163.01, 164.01, 164.05, 164.06, 164.08, 164.14, 165.04, 166.01, 166.02, 166.03, 166.08, 166.12, 166.17, 169.01, 169.05, 169.08, 169.13, 173.38, 173.381, 173.391, 173.50, 173.525, 175.16, 175.17, 303.12, 305.021, 305.03, 306.32, 306.322, 306.43, 307.05, 307.673, 307.696, 307.697, 307.86, 307.985, 308.13, 311.14, 317.20, 319.04, 319.202, 319.301, 319.302, 321.03, 323.131, 323.152, 323.153, 323.155, 323.156, 323.158, 323.611, 325.18, 325.25, 340.01, 340.011, 340.02, 340.021, 340.022, 340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05, 340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 345.01, 345.03, 345.04, 349.01, 355.04, 501.09, 501.11, 504.14, 505.24, 505.37, 505.48, 505.481, 507.09, 507.12, 511.28, 511.34, 513.18, 519.12, 523.06, 703.331, 703.34, 717.051, 718.01, 718.031, 718.05, 718.12, 718.13, 718.19, 718.85, 718.88, 718.90, 718.91, 731.14, 731.141, 731.29, 733.81, 735.05, 742.043, 742.044, 742.99, 749.31, 755.181, 901.43, 904.02, 904.04, 905.32, 905.57, 907.13, 907.14, 909.01, 909.02, 909.07, 909.08, 909.09, 909.13, 911.02, 913.23, 915.16, 915.24, 921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, 921.14, 921.16, 921.23, 921.24, 923.42, 923.44, 923.51, 924.01, 924.30, 924.51, 927.53, 928.02, 928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17, 935.20, 935.24, 943.04, 943.16, 943.26, 943.99, 956.07, 956.10, 956.13, 956.16, 956.18, 956.21, 956.22, 956.23, 1311.04, 1311.252, 1317.05, 1317.06, 1321.21, 1347.08, 1509.02, 1509.07, 1509.071, 1509.13, 1509.36, 1509.38, 1517.11, 1531.01, 1533.10, 1533.11, 1533.111, 1533.13, 1533.131, 1533.32, 1545.041, 1545.21, 1546.04, 1547.54, 1548.06, 1561.13, 1561.16, 1561.23, 1561.46, 1561.48, 1701.04, 1701.07, 1703.041, 1707.01, 1707.14, 1707.47, 1711.30, 1713.03, 1901.123, 1901.26, 1907.143, 1907.24, 2101.11, 2101.16, 2108.34, 2151.27, 2151.311, 2151.316, 2151.356, 2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424, 2151.45, 2151.451, 2151.452, 2151.453, 2152.26, 2303.12, 2303.201, 2303.26, 2307.66, 2329.66, 2501.16, 2743.03, 2907.15, 2913.401, 2915.01, 2917.211, 2919.171, 2919.19, 2921.13, 2921.36, 2921.41, 2925.14, 2933.32, 2949.12, 2951.041, 2953.32, 2967.14, 2967.18, 2967.26, 2967.271, 2967.28, 2969.13, 2981.02, 3101.08, 3105.171, 3105.63, 3107.01, 3107.012, 3107.031, 3107.033, 3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391, 3109.14, 3109.171, Am. Sub. H. B. No. 96 136th G.A. 9 3109.172, 3109.173, 3109.178, 3115.201, 3119.01, 3121.441, 3123.89, 3123.90, 3301.01, 3301.02, 3301.03, 3301.06, 3301.071, 3301.074, 3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.541, 3301.57, 3302.03, 3302.034, 3302.20, 3302.42, 3305.05, 3305.053, 3307.044, 3307.05, 3307.06, 3307.07, 3307.073, 3307.074, 3307.10, 3307.11, 3307.27, 3307.99, 3309.073, 3309.074, 3309.47, 3309.99, 3310.033, 3310.41, 3310.51, 3310.52, 3310.58, 3310.64, 3311.053, 3311.50, 3313.27, 3313.413, 3313.46, 3313.489, 3313.5313, 3313.603, 3313.608, 3313.609, 3313.6013, 3313.6022, 3313.6028, 3313.618, 3313.6113, 3313.6114, 3313.64, 3313.753, 3313.90, 3313.975, 3313.98, 3314.011, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02, 3314.021, 3314.03, 3314.034, 3314.038, 3314.05, 3314.07, 3314.08, 3314.19, 3314.191, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36, 3314.361, 3314.381, 3314.382, 3315.18, 3315.181, 3316.031, 3316.041, 3316.043, 3316.06, 3316.08, 3316.16, 3317.01, 3317.011, 3317.012, 3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02, 3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213, 3317.0215, 3317.0217, 3317.03, 3317.035, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162, 3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3318.01, 3318.032, 3318.051, 3318.06, 3318.061, 3318.062, 3318.063, 3318.12, 3318.361, 3318.40, 3318.45, 3318.48, 3319.073, 3319.088, 3319.111, 3319.223, 3319.236, 3319.263, 3319.29, 3319.301, 3319.311, 3319.51, 3320.04, 3321.16, 3321.19, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17, 3326.11, 3326.44, 3326.51, 3327.017, 3327.08, 3327.10, 3328.16, 3328.24, 3332.081, 3333.04, 3333.041, 3333.129, 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135, 3333.164, 3333.24, 3333.374, 3334.11, 3335.39, 3339.06, 3344.07, 3345.06, 3345.382, 3345.48, 3345.591, 3345.71, 3345.74, 3345.75, 3352.16, 3354.19, 3358.08, 3358.11, 3364.07, 3365.15, 3375.15, 3375.22, 3375.30, 3375.39, 3375.92, 3379.03, 3379.12, 3381.03, 3381.11, 3381.17, 3501.01, 3501.02, 3501.05, 3501.12, 3501.17, 3501.28, 3505.03, 3505.04, 3505.06, 3505.33, 3505.38, 3513.04, 3513.05, 3513.052, 3513.10, 3513.19, 3517.01, 3517.08, 3517.081, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 3517.108, 3517.109, 3517.1012, 3517.11, 3517.121, 3517.13, 3517.152, 3517.153, 3517.154, 3517.155, 3517.157, 3517.20, 3517.21, 3517.22, 3517.23, 3517.992, 3517.993, 3701.021, 3701.033, 3701.045, 3701.511, 3701.65, 3701.79, 3701.841, 3704.01, 3704.03, 3704.031, 3704.09, 3704.111, 3704.14, 3705.126, 3705.16, 3705.17, 3706.01, 3709.15, 3715.021, 3717.071, 3718.02, 3718.04, 3719.04, 3721.32, 3728.01, 3734.021, 3734.05, 3734.57, 3734.79, 3734.901, 3734.904, 3734.907, 3735.67, 3735.671, 3737.83, 3738.01, 3738.03, 3738.04, 3738.06, 3738.08, 3738.09, 3742.32, 3742.50, 3743.04, 3743.06, 3743.17, 3743.19, 3743.25, 3743.60, 3743.61, 3743.63, 3743.65, 3745.11, 3745.21, 3748.13, 3750.02, 3769.088, 3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13, 3770.25, 3772.02, 3775.16, 3780.02, 3780.03, 3780.06, 3780.10, 3780.24, 3780.26, 3780.30, 3781.10, 3781.102, 3781.1011, 3901.90, 3902.70, 3905.426, 3905.72, 3923.443, 3951.03, 3959.01, 3959.111, 4112.055, 4117.08, 4117.10, 4141.01, 4141.02, 4141.162, 4141.23, 4141.281, 4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30, 4301.421, 4303.181, 4303.183, 4303.204, 4303.2011, 4303.233, 4305.131, 4501.027, 4501.21, 4501.29, 4501.30, 4501.302, 4503.038, 4503.06, 4503.0610, Am. Sub. H. B. No. 96 136th G.A. 10 4503.0611, 4503.10, 4503.102, 4503.29, 4503.41, 4503.579, 4503.91, 4505.07, 4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.131, 4506.14, 4507.061, 4507.08, 4507.09, 4507.21, 4507.40, 4507.53, 4508.02, 4509.06, 4509.07, 4509.101, 4509.70, 4511.01, 4511.75, 4511.76, 4511.77, 4511.771, 4511.78, 4517.01, 4517.52, 4517.60, 4519.59, 4582.024, 4582.26, 4701.01, 4701.04, 4701.16, 4707.024, 4723.28, 4723.483, 4723.4811, 4725.48, 4729.01, 4729.49, 4729.52, 4729.53, 4729.54, 4729.541, 4729.56, 4729.561, 4729.60, 4729.80, 4729.901, 4729.902, 4729.921, 4730.25, 4730.433, 4730.437, 4730.99, 4731.22, 4731.2210, 4731.92, 4731.96, 4731.99, 4735.01, 4735.06, 4735.09, 4735.55, 4735.56, 4735.80, 4740.06, 4741.04, 4743.05, 4743.10, 4749.01, 4751.20, 4751.24, 4751.25, 4758.01, 4758.02, 4758.03, 4758.10, 4758.13, 4758.20, 4758.22, 4758.221, 4758.23, 4758.24, 4758.27, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.52, 4758.54, 4758.55, 4758.56, 4758.57, 4758.59, 4758.99, 4759.07, 4759.99, 4760.13, 4760.99, 4761.09, 4761.99, 4762.13, 4762.99, 4765.11, 4765.55, 4767.10, 4772.20, 4772.21, 4772.23, 4772.99, 4774.13, 4774.99, 4778.14, 4778.99, 4785.041, 4903.10, 4905.311, 4906.07, 4911.18, 4921.01, 4923.01, 4927.01, 4928.05, 4928.06, 4928.102, 4928.34, 4928.43, 4928.51, 4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544, 4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66, 4928.75, 4928.86, 4981.02, 5101.101, 5101.13, 5101.131, 5101.132, 5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141, 5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412, 5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418, 5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212, 5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28, 5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461, 5101.542, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853, 5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 5101.8812, 5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897, 5101.899, 5101.98, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15, 5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12, 5104.29, 5104.30, 5104.32, 5104.34, 5104.36, 5104.37, 5104.38, 5104.41, 5104.50, 5104.99, 5117.07, 5117.12, 5119.01, 5119.011, 5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091, 5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17, 5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187, 5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30, 5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333, 5119.334, 5119.34, 5119.342, 5119.343, 5119.35, 5119.36, 5119.362, 5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37, 5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394, 5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43, 5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49, 5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60, 5119.61, 5119.71, 5119.82, 5119.85, 5119.89, 5119.90, 5119.99, 5120.034, 5120.035, 5120.16, 5120.173, 5120.21, 5120.51, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43, 5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23, 5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36, 5122.44, 5122.45, 5122.46, 5122.47, Am. Sub. H. B. No. 96 136th G.A. 11 5123.081, 5123.16, 5123.168, 5123.169, 5123.191, 5123.41, 5123.42, 5123.47, 5124.15, 5139.05, 5139.08, 5139.12, 5139.14, 5139.34, 5145.162, 5153.10, 5153.122, 5153.16, 5153.163, 5160.37, 5162.13, 5162.132, 5162.133, 5162.134, 5162.136, 5162.1310, 5162.70, 5162.82, 5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30, 5163.33, 5165.19, 5165.192, 5165.26, 5166.03, 5167.01, 5167.03, 5167.123, 5167.24, 5168.08, 5168.11, 5168.22, 5168.25, 5168.90, 5180.14, 5180.17, 5180.20, 5180.21, 5180.22, 5310.06, 5310.47, 5323.02, 5501.91, 5502.262, 5502.29, 5502.30, 5502.41, 5503.02, 5505.045, 5505.046, 5505.99, 5525.03, 5537.01, 5537.02, 5537.03, 5537.27, 5540.02, 5595.02, 5701.11, 5703.052, 5703.19, 5703.21, 5703.37, 5703.70, 5705.01, 5705.03, 5705.12, 5705.121, 5705.13, 5705.131, 5705.132, 5705.14, 5705.194, 5705.199, 5705.21, 5705.212, 5705.213, 5705.215, 5705.217, 5705.218, 5705.219, 5705.2111, 5705.2114, 5705.221, 5705.222, 5705.233, 5705.25, 5705.251, 5705.261, 5705.27, 5705.28, 5705.29, 5705.30, 5705.31, 5705.314, 5705.32, 5705.321, 5705.35, 5705.36, 5705.37, 5705.38, 5705.391, 5705.40, 5705.412, 5705.55, 5709.081, 5709.212, 5709.92, 5709.93, 5715.19, 5717.01, 5725.01, 5725.23, 5725.35, 5725.38, 5726.03, 5726.20, 5726.61, 5726.98, 5727.111, 5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.89, 5728.10, 5729.10, 5729.18, 5729.21, 5735.12, 5736.09, 5739.01, 5739.011, 5739.02, 5739.03, 5739.07, 5739.09, 5739.092, 5739.101, 5739.12, 5739.13, 5739.132, 5739.31, 5743.021, 5743.024, 5743.081, 5743.323, 5743.52, 5743.54, 5743.55, 5743.56, 5743.57, 5743.59, 5743.60, 5743.62, 5743.63, 5743.64, 5745.03, 5745.04, 5745.09, 5745.12, 5747.01, 5747.02, 5747.021, 5747.025, 5747.05, 5747.062, 5747.063, 5747.064, 5747.07, 5747.071, 5747.08, 5747.09, 5747.10, 5747.13, 5747.38, 5747.39, 5747.40, 5747.43, 5747.502, 5747.51, 5747.72, 5747.85, 5747.86, 5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04, 5748.08, 5748.081, 5748.09, 5749.02, 5749.07, 5751.02, 5751.09, 5751.53, 5751.98, 5753.031, 5753.07, 5907.11, 5907.17, 5923.30, 6101.53, 6101.54, 6101.55, 6111.01, and 6111.04 be amended; sections 103.412 (103.411), 103.414 (103.412), 103.73 (109.39), 122.66 (5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314), 122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317), 122.702 (5101.318), 3517.152 (3517.14), 3517.153 (3517.15), 3517.154 (3517.16), 3517.155 (3517.17), 3517.157 (3517.18), 3517.992 (3517.99), 3517.993 (3517.171), 3701.65 (5180.72), 3738.01 (5180.27), 3738.02 (5180.271), 3738.03 (5180.272), 3738.04 (5180.273), 3738.05 (5180.274), 3738.06 (5180.275), 3738.07 (5180.276), 3738.08 (5180.277), 3738.09 (5180.278), 5101.13 (5180.40), 5101.131 (5180.401), 5101.132 (5180.402), 5101.133 (5180.403), 5101.134 (5180.404), 5101.135 (5180.405), 5101.136 (5180.406), 5101.137 (5180.407), 5101.14 (5180.41), 5101.141 (5180.42), 5101.142 (5180.421), 5101.144 (5180.411), 5101.145 (5180.422), 5101.146 (5180.423), 5101.147 (5180.424), 5101.148 (5180.425), 5101.149 (5180.426), 5101.1410 (5180.427), 5101.1411 (5180.428), 5101.1412 (5180.429), 5101.1413 (5180.4210), 5101.1414 (5180.4211), 5101.1415 (5180.4212), 5101.1416 (5180.4213), 5101.1417 (5180.4214), 5101.1418 (5180.43), 5101.15 (5180.44), 5101.19 (5180.45), 5101.191 (5180.451), 5101.192 (5180.452), 5101.193 (5180.453), 5101.194 (5180.454), 5101.34 (5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343 (5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78 (5180.262), 5101.802 (5180.52), Am. Sub. H. B. No. 96 136th G.A. 12 5101.804 (5180.71), 5101.805 (5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853 (5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856 (5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884 (5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887 (5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812 (5180.56), 5104.50 (5180.04), and 5180.40 (5180.73) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 103.41, 107.034, 3313.902, 3313.905, 3314.38, 3321.191, 3333.0415, 3345.86, 3517.991, and 3780.22 and sections 5.62, 9.05, 9.561, 9.64, 9.691, 106.025, 106.026, 106.033, 111.29, 118.29, 121.16, 122.1712, 122.1713, 122.636, 122.97, 122.98, 122.981, 123.14, 123.282, 123.283, 123.30, 124.184, 125.052, 126.024, 126.10, 126.17, 126.67, 131.026, 135.1411, 148.021, 173.503, 319.304, 731.291, 924.212, 943.27, 1310.251, 1349.10, 1349.101, 1501.022, 1501.023, 1501.46, 1501.47, 1509.075, 1513.371, 1546.25, 1546.26, 1713.032, 1713.033, 1713.041, 3301.24, 3301.82, 3310.037, 3310.21, 3310.22, 3310.23, 3310.24, 3310.25, 3310.26, 3310.412, 3310.413, 3310.523, 3311.242, 3313.536, 3313.6031, 3313.6032, 3313.7118, 3314.093, 3314.362, 3315.063, 3317.165, 3317.27, 3317.28, 3317.29, 3317.31, 3319.173, 3319.2310, 3321.043, 3332.17, 3332.21, 3332.22, 3333.0420, 3333.053, 3333.074, 3333.1210, 3333.952, 3333.96, 3333.97, 3345.457, 3345.58, 3345.601, 3345.721, 3345.83, 3345.89, 3375.47, 3501.055, 3701.88, 3704.0310, 3707.61, 3721.074, 3722.15, 3727.46, 3743.48, 3770.074, 3770.075, 3780.37, 3901.047, 3901.3815, 3902.631, 3959.121, 4113.31, 4141.011, 4141.08, 4517.521, 4561.03, 4582.72, 4582.73, 4729.261, 4731.256, 4741.041, 4927.22, 4928.545, 5101.042, 5101.543, 5101.548, 5101.549, 5101.612, 5101.95, 5103.039, 5103.0520, 5103.09, 5104.302, 5104.53, 5104.54, 5104.60, 5119.211, 5119.344, 5119.345, 5123.1613, 5123.423, 5126.222, 5145.32, 5162.08, 5162.14, 5162.25, 5162.251, 5163.04, 5163.104, 5163.11, 5163.50, 5164.093, 5166.50, 5167.09, 5180.705, 5180.706, 5180.707, 5180.99, 5303.34, 5703.83, 5705.17, 5705.316, 5705.60, 5709.89, 5726.62, 5743.511, 5743.521, 5743.621, 5743.631, 5747.073, 5747.124, and 5747.87 of the Revised Code be enacted to read as follows: Sec. 3.15. (A) Except as otherwise provided in division (B) of this section, at all times during one's term of office: (1) Each member of the general assembly and each elected voting member of the state board of education shall be a resident of the district the member represents. (2) Each judge and each elected officer of a court shall be a resident of the territory of that court. (3) Each person holding an elective office of a political subdivision shall be a resident of that political subdivision. (4) Each member of a municipal legislative authority who represents a ward shall be a resident of the ward the member represents, and each member of a board of education of a city school district who represents a subdistrict shall be a resident of the subdistrict the member represents. (B) Any person who fails to meet any of the requirements of division (A) of this section that apply to the person shall forfeit the office. Division (A) of this section applies to persons who have Am. Sub. H. B. No. 96 136th G.A. 13 been either elected or appointed to an elective office. Division (A) of this section does not apply to a member of the general assembly or the state board of education, to a member of a municipal legislative authority who represents a ward, or to a member of a board of education of a city school district who represents a subdistrict, during the remainder of the member's existing term of office after there is a change in the member's district's, ward's, or subdistrict's boundaries that leaves the member's permanent residence outside the district, ward, or subdistrict. Sec. 5.62. (A) The month of June is designated as "Responsible Fatherhood Month" to recognize the importance of fathers in their children's lives, how fathers contribute to their children's safety and stability, and the direct link between positive father involvement and child well-being. (B) The department of children and youth, local governments, and other agencies are encouraged to sponsor events to promote awareness of responsible fatherhood engagement and the contributions fathers make in the lives of their children. Sec. 9.03. (A) As used in this section: (1) "Political subdivision" means any body corporate and politic, except a municipal corporation that has adopted a charter under Section 7 of Article XVIII, Ohio Constitution, and except a county that has adopted a charter under Sections 3 and 4 of Article X, Ohio Constitution, to which both of the following apply: (a) It is responsible for governmental activities only in a geographic area smaller than the state. (b) It is subject to the sovereign immunity of the state. (2) "Cigarettes" and "tobacco product" have the same meanings as in section 5743.01 of the Revised Code. (3) "Transaction" has the same meaning as in section 1315.51 of the Revised Code. (4) "Campaign committee," "campaign fund," "candidate," "legislative campaign fund," "political action committee," "political committee," "political party," and "separate segregated fund" have the same meanings as in section 3517.01 of the Revised Code. (B) Except as otherwise provided in division (C) of this section, the governing body of a political subdivision may use public funds to publish and distribute newsletters, or to use any other means, to communicate information about the plans, policies, and operations of the political subdivision to members of the public within the political subdivision and to other persons who may be affected by the political subdivision. (C) Except as otherwise provided in division (A)(7) of section 340.03 of the Revised Code, no governing body of a political subdivision shall use public funds to do any of the following: (1) Publish, distribute, or otherwise communicate information that does any of the following: (a) Contains defamatory, libelous, or obscene matter; (b) Promotes alcoholic beverages, cigarettes or other tobacco products, or any illegal product, service, or activity; (c) Promotes illegal discrimination on the basis of race, color, religion, national origin, Am. Sub. H. B. No. 96 136th G.A. 14 disability, age, or ancestry; (d) Supports or opposes any labor organization or any action by, on behalf of, or against any labor organization; (e) Supports or opposes the nomination or election of a candidate for public office, the investigation, prosecution, or recall of a public official, or the passage of a levy or bond issue. (2) Compensate any employee of the political subdivision for time spent on any activity to influence the outcome of an election for any of the purposes described in division (C)(1)(e) of this section. Division (C)(2) of this section does not prohibit the use of public funds to compensate an employee of a political subdivision for attending a public meeting to present information about the political subdivision's finances, activities, and governmental actions in a manner that is not designed to influence the outcome of an election or the passage of a levy or bond issue, even though the election, levy, or bond issue is discussed or debated at the meeting. (D) Except as otherwise provided in division (A)(7) of section 340.03 of the Revised Code or in division (E) of this section, no person shall knowingly conduct a direct or indirect transaction of public funds to the benefit of any of the following: (1) A campaign committee; (2) A political action committee; (3) A legislative campaign fund; (4) A political party; (5) A campaign fund; (6) A political committee; (7) A separate segregated fund; (8) A candidate. (E) Division (D) of this section does not prohibit the utilization of any person's own time to speak in support of or in opposition to any candidate, recall, referendum, levy, or bond issue unless prohibited by any other section of the Revised Code. (F) Nothing in this section prohibits or restricts any political subdivision from sponsoring, participating in, or doing any of the following: (1) Charitable or public service advertising that is not commercial in nature; (2) Advertising of exhibitions, performances, programs, products, or services that are provided by employees of a political subdivision or are provided at or through premises owned or operated by a political subdivision; (3) Licensing an interest in a name or mark that is owned or controlled by the political subdivision. (G) Whoever violates division (D) of this section shall be punished as provided in section 3599.40 of the Revised Code. Sec. 9.05. (A) As used in the Revised Code: (1) "Boy" means a juvenile human male. Am. Sub. H. B. No. 96 136th G.A. 15 (2) "Female" means a person belonging, at conception, to the sex that produces the large reproductive cell. (3) "Gender identity" means an individual's internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex. (4) "Girl" means a juvenile human female. (5) "Male" means an individual belonging, at conception, to the sex that produces the small reproductive cell. (6) "Man" means an adult human male. (7) "Sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. (8) "Woman" means an adult human female. (B) It is the policy of the state of Ohio to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Sec. 9.07. (A) As used in this section: (1) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code. (2) "Governing authority of a local public entity" means whichever of the following is applicable: (a) For a county, the board of county commissioners of the county; (b) For a municipal corporation, the legislative authority of the municipal corporation; (c) For a combination of counties, a combination of municipal corporations, or a combination of one or more counties and one or more municipal corporations, all boards of county commissioners and legislative authorities of all of the counties and municipal corporations that combined to form a local public entity for purposes of this section. (3) "Local public entity" means a county, a municipal corporation, a combination of counties, a combination of municipal corporations, or a combination of one or more counties and one or more municipal corporations. (4) "Non-contracting political subdivision" means any political subdivision to which all of the following apply: (a) A correctional facility for the housing of out-of-state prisoners in this state is or will be located in the political subdivision. (b) The correctional facility described in division (A)(4)(a) of this section is being operated and managed, or will be operated and managed, by a local public entity or a private contractor pursuant to a contract entered into prior to March 17, 1998, or a contract entered into on or after March 17, 1998, under this section. (c) The political subdivision is not a party to the contract described in division (A)(4)(b) of this section for the management and operation of the correctional facility. Am. Sub. H. B. No. 96 136th G.A. 16 (5) "Out-of-state jurisdiction" means the United States, any state other than this state, and any political subdivision or other jurisdiction located in a state other than this state. (6) "Out-of-state prisoner" means a person who is convicted of a crime in another state or under the laws of the United States or who is found under the laws of another state or of the United States to be a delinquent child or the substantially equivalent designation. (7) "Private contractor" means either of the following: (a) A person who, on or after March 17, 1998, enters into a contract under this section with a local public entity to operate and manage a correctional facility in this state for out-of-state prisoners. (b) A person who, pursuant to a contract with a local public entity entered into prior to March 17, 1998, operates and manages on March 17, 1998, a correctional facility in this state for housing out-of-state prisoners. (B) Subject to division (I) of this section, the only entities other than this state that are authorized to operate a correctional facility to house out-of-state prisoners in this state are a local public entity that operates a correctional facility pursuant to this section or a private contractor that operates a correctional facility pursuant to this section under a contract with a local public entity. Subject to division (I) of this section, a private entity may operate a correctional facility in this state for the housing of out-of-state prisoners only if the private entity is a private contractor that enters into a contract that comports with division (D) of this section with a local public entity for the management and operation of the correctional facility. (C)(1) Except as provided in this division, on and after March 17, 1998, a local public entity shall not enter into a contract with an out-of-state jurisdiction to house out-of-state prisoners in a correctional facility in this state. On and after March 17, 1998, a local public entity may enter into a contract with an out-of-state jurisdiction to house out-of-state prisoners in a correctional facility in this state only if the local public entity and the out-of-state jurisdiction with which the local public entity intends to contract jointly submit to the department of rehabilitation and correction a statement that certifies the correctional facility's intended use, intended prisoner population, and custody level, and the department reviews and comments upon the plans for the design or renovation of the correctional facility regarding their suitability for the intended prisoner population specified in the submitted statement. (2) If a local public entity and an out-of-state jurisdiction enter into a contract to house out- of-state prisoners in a correctional facility in this state as authorized under division (C)(1) of this section, in addition to any other provisions it contains, the contract shall include whichever of the following provisions is applicable: (a) If a private contractor will operate the facility in question pursuant to a contract entered into in accordance with division (D) of this section, a requirement that, if the facility is closed or ceases to operate for any reason and if the conversion plan described in division (D)(16) of this section is not complied with, the out-of-state jurisdiction will be responsible for housing and Am. Sub. H. B. No. 96 136th G.A. 17 transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners; (b) If a private contractor will not operate the facility in question pursuant to a contract entered into in accordance with division (D) of this section, a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the local public entity or the out-of-state jurisdiction will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners. (3) If a local public entity and an out-of-state jurisdiction intend to enter into a contract to house out-of-state prisoners in a correctional facility in this state as authorized under division (C)(1) of this section, or if a local public entity and a private contractor intend to enter into a contract pursuant to division (D) of this section for the private contractor's management and operation of a correctional facility in this state to house out-of-state prisoners, prior to entering into the contract the local public entity and the out-of-state jurisdiction, or the local public entity and the private contractor, whichever is applicable, shall conduct a public hearing in accordance with this division, and, prior to entering into the contract, the governing authority of the local public entity in which the facility is or will be located shall authorize the location and operation of the facility. The hearing shall be conducted at a location within the municipal corporation or township in which the facility is or will be located. At least one week prior to conducting the hearing, the local public entity and the out-of-state jurisdiction or private contractor with the duty to conduct the hearing shall cause notice of the date, time, and place of the hearing to be made by publication in the newspaper with the largest general circulation in the county in which the municipal corporation or township is located. The notice shall be of a sufficient size that it covers at least one-quarter of a page of the newspaper in which it is published. This division applies to a private contractor that, pursuant to the requirement set forth in division (I) of this section, is required to enter into a contract under division (D) of this section. (D) Subject to division (I) of this section, on and after March 17, 1998, if a local public entity enters into a contract with a private contractor for the management and operation of a correctional facility in this state to house out-of-state prisoners, the contract, at a minimum, shall include all of the following provisions: (1) A requirement that the private contractor seek and obtain accreditation from the American correctional association for the correctional facility within two years after accepting the first out-of-state prisoner at the correctional facility under the contract and that it maintain that accreditation for the term of the contract; (2) A requirement that the private contractor comply with all applicable laws, rules, or regulations of the government of this state, political subdivisions of this state, and the United States, including, but not limited to, all sanitation, food service, safety, and health regulations; (3) A requirement that the private contractor send copies of reports of inspections completed Am. Sub. H. B. No. 96 136th G.A. 18 by appropriate authorities regarding compliance with laws, rules, and regulations of the type described in division (D)(2) of this section to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located; (4) A requirement that the private contractor report to the local law enforcement agencies with jurisdiction over the place at which the correctional facility is located, for investigation, all criminal offenses or delinquent acts that are committed in or on the grounds of, or otherwise in connection with, the correctional facility and report to the department of rehabilitation and correction all disturbances at the facility; (5) A requirement that the private contractor immediately report all escapes from the facility, and the apprehension of all escapees, by telephone and in writing to the department of rehabilitation and correction, to all local law enforcement agencies with jurisdiction over the place at which the facility is located, to the state highway patrol, to the prosecuting attorney of the county in which the facility is located, and to a daily newspaper having general circulation in the county in which the facility is located. The written notice may be by either facsimile transmission or mail. A failure to comply with this requirement is a violation of section 2921.22 of the Revised Code. (6) A requirement that the private contractor provide a written report to the director of rehabilitation and correction or the director's designee and to the governing authority of the local public entity in which the correctional facility is located of all unusual incidents occurring at the correctional facility. The private contractor shall report the incidents in accordance with the incident reporting rules that, at the time of the incident, are applicable to state correctional facilities for similar incidents occurring at state correctional facilities. (7) A requirement that the private contractor provide internal and perimeter security to protect the public, staff members of the correctional facility, and prisoners in the correctional facility; (8) A requirement that the correctional facility be staffed at all times with a staffing pattern that is adequate to ensure supervision of inmates and maintenance of security within the correctional facility and to provide for appropriate programs, transportation, security, and other operational needs. In determining security needs for the correctional facility, the private contractor and the contract requirements shall fully take into account all relevant factors, including, but not limited to, the proximity of the facility to neighborhoods and schools. (9) A requirement that the private contractor provide an adequate policy of insurance that satisfies the requirements set forth in division (D) of section 9.06 of the Revised Code regarding contractors who operate and manage a facility under that section, and that the private contractor indemnify and hold harmless the state, its officers, agents, and employees, and any local public entity in the state with jurisdiction over the place at which the correctional facility is located or that owns the correctional facility, reimburse the state for its costs in defending the state or any of its officers, agents, or employees, and reimburse any local government entity of that nature for its costs Am. Sub. H. B. No. 96 136th G.A. 19 in defending the local government entity, in the manner described in division (D) of that section regarding contractors who operate and manage a facility under that section; (10) A requirement that the private contractor adopt for prisoners housed in the correctional facility the security classification system and schedule adopted by the department of rehabilitation and correction under section 5145.03 of the Revised Code, classify in accordance with the system and schedule each prisoner housed in the facility, and house all prisoners in the facility in accordance with their classification under this division; (11) A requirement that the private contractor will not accept for housing, and will not house, in the correctional facility any out-of-state prisoner in relation to whom any of the following applies: (a) The private entity has not obtained from the out-of-state jurisdiction that imposed the sentence or sanction under which the prisoner will be confined in this state a copy of the institutional record of the prisoner while previously confined in that out-of-state jurisdiction or a statement that the prisoner previously has not been confined in that out-of-state jurisdiction and a copy of all medical records pertaining to that prisoner that are in the possession of the out-of-state jurisdiction. (b) The prisoner, while confined in any out-of-state jurisdiction, has a record of institutional violence involving the use of a deadly weapon or a pattern of committing acts of an assaultive nature against employees of, or visitors to, the place of confinement or has a record of escape or attempted escape from secure custody. (c) Under the security classification system and schedule adopted by the department of rehabilitation and correction under section 5145.03 of the Revised Code and adopted by the private contractor under division (B)(10) of this section, the out-of-state prisoner would be classified as being at a security level higher than medium security. (12) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into a written agreement with the department of rehabilitation and correction that sets forth a plan and procedure that will be used to coordinate law enforcement activities of state law enforcement agencies and of local law enforcement agencies with jurisdiction over the place at which the facility is located in response to any riot, rebellion, escape, insurrection, or other emergency occurring inside or outside the facility; (13) A requirement that the private contractor cooperate with the correctional institution inspection committee attorney general in the committee's performance of its the attorney general's duties under section 103.73 109.39 of the Revised Code and provide the committee, its subcommittees, and its the attorney general, including staff members, in performing those duties, with access to the correctional facility as described infor purposes of that section; (14) A requirement that the private contractor permit any peace officer who serves a law enforcement agency with jurisdiction over the place at which the correctional facility is located to enter into the facility to investigate any criminal offense or delinquent act that allegedly has been committed in or on the grounds of, or otherwise in connection with, the facility; Am. Sub. H. B. No. 96 136th G.A. 20 (15) A requirement that the private contractor will not employ any person at the correctional facility until after the private contractor has submitted to the bureau of criminal identification and investigation, on a form prescribed by the superintendent of the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person previously has engaged in malfeasance; (16) A requirement that the private contractor will not accept for housing, and will not house, in the correctional facility any out-of-state prisoner unless the private contractor and the out- of-state jurisdiction that imposed the sentence for which the prisoner is to be confined agree that, if the out-of-state prisoner is confined in the facility in this state, commits a criminal offense while confined in the facility, is convicted of or pleads guilty to that offense, and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the private contractor and the out-of-state jurisdiction will do all of the following: (a) Unless section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the out-of-state jurisdiction will accept the prisoner pursuant to that section for service of that term of confinement and for any period of time remaining under the sentence for which the prisoner was confined in the facility in this state, the out-of-state jurisdiction will confine the prisoner pursuant to that section for that term and that remaining period of time, and the private contractor will transport the prisoner to the out-of-state jurisdiction for service of that term and that remaining period of time. (b) If section 5120.50 of the Revised Code does not apply in relation to the offense the prisoner committed while confined in this state and the term of confinement imposed for that offense, the prisoner shall be returned to the out-of-state jurisdiction or its private contractor for completion of the period of time remaining under the out-of-state sentence for which the prisoner was confined in the facility in this state before starting service of the term of confinement imposed for the offense committed while confined in this state, the out-of-state jurisdiction or its private contractor will confine the prisoner for that remaining period of time and will transport the prisoner outside of this state for service of that remaining period of time, and, if the prisoner is confined in this state in a facility operated by the department of rehabilitation and correction, the private contractor will be financially responsible for reimbursing the department at the per diem cost of confinement for the duration of that incarceration, with the amount of the reimbursement so paid to be deposited in the department's prisoner programs fund. (17) A requirement that the private contractor, prior to housing any out-of-state prisoner in the correctional facility under the contract, enter into an agreement with the local public entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall include, but is not limited to, provisions that specify whether the private contractor, the local public entity, or the out-of-state jurisdictions that imposed the sentences Am. Sub. H. B. No. 96 136th G.A. 21 for which the out-of-state prisoners are confined in the facility will be responsible for housing and transporting the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of so housing and transporting those prisoners. (18) A schedule of fines that the local public entity shall impose upon the private contractor if the private contractor fails to perform its contractual duties, and a requirement that, if the private contractor fails to perform its contractual duties, the local public entity shall impose a fine on the private contractor from the schedule of fines and, in addition to the fine, may exercise any other rights it has under the contract. Division (F)(2) of this section applies regarding a fine described in this division. (19) A requirement that the private contractor adopt and use in the correctional facility the drug testing and treatment program that the department of rehabilitation and correction uses for inmates in state correctional institutions; (20) A requirement that the private contractor provide clothing for all out-of-state prisoners housed in the correctional facility that is conspicuous in its color, style, or color and style, that conspicuously identifies its wearer as a prisoner, and that is readily distinguishable from clothing of a nature that normally is worn outside the facility by non-prisoners, that the private contractor require all out-of-state prisoners housed in the facility to wear the clothing so provided, and that the private contractor not permit any out-of-state prisoner, while inside or on the premises of the facility or while being transported to or from the facility, to wear any clothing of a nature that does not conspicuously identify its wearer as a prisoner and that normally is worn outside the facility by non- prisoners; (21) A requirement that, at the time the contract is made, the private contractor provide to all parties to the contract adequate proof that it has complied with the requirement described in division (D)(9) of this section, and a requirement that, at any time during the term of the contract, the private contractor upon request provide to any party to the contract adequate proof that it continues to be in compliance with the requirement described in division (D)(9) of this section. (E) A private correctional officer or other designated employee of a private contractor that operates a correctional facility that houses out-of-state prisoners in this state under a contract entered into prior to, on, or after March 17, 1998, may carry and use firearms in the course of the officer's or employee's employment only if the officer or employee is certified as having satisfactorily completed an approved training program designed to qualify persons for positions as special police officers, security guards, or persons otherwise privately employed in a police capacity, as described in division (A) of section 109.78 of the Revised Code. (F)(1) Upon notification by the private contractor of an escape from, or of a disturbance at, a correctional facility that is operated by a private contractor under a contract entered into prior to, on, or after March 17, 1998, and that houses out-of-state prisoners in this state, the department of rehabilitation and correction and state and local law enforcement agencies shall use all reasonable means to recapture persons who escaped from the facility or quell any disturbance at the facility, in Am. Sub. H. B. No. 96 136th G.A. 22 accordance with the plan and procedure included in the written agreement entered into under division (D)(12) of this section in relation to contracts entered into on or after March 17, 1998, and in accordance with their normal procedures in relation to contracts entered into prior to March 17, 1998. Any cost incurred by this state or a political subdivision of this state relating to the apprehension of a person who escaped from the facility, to the quelling of a disturbance at the facility, or to the investigation or prosecution as described in division (G)(2) of this section of any offense relating to the escape or disturbance shall be chargeable to and borne by the private contractor. The contractor also shall reimburse the state or its political subdivisions for all reasonable costs incurred relating to the temporary detention of a person who escaped from the facility, following the person's recapture. (2) If a private contractor that, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners fails to perform its contractual duties, the local public entity shall impose upon the private contractor a fine from the schedule of fines included in the contract and may exercise any other rights it has under the contract. A fine imposed under this division shall be paid to the local public entity that enters into the contract, and the local public entity shall deposit the money so paid into its treasury to the credit of the fund used to pay for community policing. If a fine is imposed under this division, the local public entity may reduce the payment owed to the private contractor pursuant to any invoice in the amount of the fine. (3) If a private contractor, on or after March 17, 1998, enters into a contract under this section with a local public entity for the operation of a correctional facility that houses out-of-state prisoners in this state, the private contractor shall comply with the insurance, indemnification, hold harmless, and cost reimbursement provisions described in division (D)(9) of this section. (G)(1) Any act or omission that would be a criminal offense or a delinquent act if committed at a state correctional institution or at a jail, workhouse, prison, or other correctional facility operated by this state or by any political subdivision or group of political subdivisions of this state shall be a criminal offense or delinquent act if committed by or with regard to any out-of-state prisoner who is housed at any correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998. (2) If any political subdivision of this state experiences any cost in the investigation or prosecution of an offense committed by an out-of-state prisoner housed in a correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, the private contractor shall reimburse the political subdivision for the costs so experienced. (3)(a) Except as otherwise provided in this division, the state, and any officer or employee, as defined in section 109.36 of the Revised Code, of the state is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners Am. Sub. H. B. No. 96 136th G.A. 23 in this state pursuant to a contract between a local public entity and an out-of-state jurisdiction, a local public entity and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an officer or employee, as defined in section 109.36 of the Revised Code, of the state that is manifestly outside the scope of the officer's or employee's official responsibilities or regarding an act or omission of the state, or of an officer or employee, as so defined, of the state that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner. (b) Except as otherwise provided in this division, a non-contracting political subdivision, and any employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the establishment, management, or operation of a correctional facility to house out-of-state prisoners in this state pursuant to a contract between a local public entity other than the non-contracting political subdivision and an out-of-state jurisdiction, a local public entity other than the non-contracting political subdivision and a private contractor, or a private contractor and an out-of-state jurisdiction that was entered into prior to March 17, 1998, or that is entered into on or after March 17, 1998, in accordance with its provisions. The immunity provided in this division does not apply regarding an act or omission of an employee, as defined in section 2744.01 of the Revised Code, of a non-contracting political subdivision that is manifestly outside the scope of the employee's employment or official responsibilities or regarding an act or omission of a non-contracting political subdivision or an employee, as so defined, of a non- contracting political subdivision that is undertaken with malicious purpose, in bad faith, or in a wanton or reckless manner. (c) Divisions (G)(3)(a) and (b) of this section do not affect any immunity or defense that the state and its officers and employees or a non-contracting political subdivision and its employees may be entitled to under another section of the Revised Code or the common law of this state, including, but not limited to, section 9.86 or Chapter 2744. of the Revised Code. (H)(1) Upon the completion of an out-of-state prisoner's term of detention at a correctional facility operated by a private contractor in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, the operator of the correctional facility shall transport the prisoner to the out-of-state jurisdiction that imposed the sentence for which the prisoner was confined before it releases the prisoner from its custody. (2) No private contractor that operates and manages a correctional facility housing out-of- state prisoners in this state pursuant to a contract entered into prior to, on, or after March 17, 1998, shall fail to comply with division (H)(1) of this section. (3) Whoever violates division (H)(2) of this section is guilty of a misdemeanor of the first degree. (I) Except as otherwise provided in this division, the provisions of divisions (A) to (H) of Am. Sub. H. B. No. 96 136th G.A. 24 this section apply in relation to any correctional facility operated by a private contractor in this state to house out-of-state prisoners, regardless of whether the facility is operated pursuant to a contract entered into prior to, on, or after March 17, 1998. Division (C)(1) of this section shall not apply in relation to any correctional facility for housing out-of-state prisoners in this state that is operated by a private contractor under a contract entered into with a local public entity prior to March 17, 1998. If a private contractor operates a correctional facility in this state for the housing of out-of-state prisoners under a contract entered into with a local public entity prior to March 17, 1998, no later than thirty days after the effective date of this amendment, the private contractor shall enter into a contract with the local public entity that comports to the requirements and criteria of division (D) of this section. Sec. 9.239. (A) As used in this section: (1) "Public building" means a building owned by a public entity. (2) "Public entity" means a subdivision, the general assembly, a court, any department, division, institution, board, commission, authority, bureau or other agency of or instrumentality of the state, the five state retirement systems, or any other governmental entity. (3) "Subdivision" has the same meaning as in section 2744.01 of the Revised Code. (B) A person that is primarily responsible for designing energy efficient commercial building property installed in a public building may seek allocation of any deduction allowed under section 179D of the Internal Revenue Code in connection with that installation by submitting a written request to the public entity that owns the building and the tax commissioner. Within fifteen days of receiving such a request, the public entity shall respond and, if merited, formally allocate the deduction as required under that section and any associated rules or guidance of the internal revenue service or the United States department of the treasury. The public entity shall send to the commissioner a copy of the response and, if applicable, the document or documents formally allocating the deduction. (C) If a public entity does not respond within fifteen days of receiving a request under division (B) of this section, the entity shall be considered to have approved the request. The commissioner shall provide the person that submitted the request with any documentation necessary to formally allocate the deduction. (D) No public entity and no employee or agent of a public entity acting in the employee's or agent's official capacity shall seek, solicit, charge, or accept a fee, payment, or other consideration in exchange for allocating a deduction allowed under section 179D of the Internal Revenue Code or providing documentation of such an allocation as required under that section and any associated rules or guidance of the internal revenue service or the United States department of the treasury. Sec. 9.24. (A) Except as may be allowed under division (F) of this section, no state agency and no political subdivision shall award a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on and after January 1, 2001, if Am. Sub. H. B. No. 96 136th G.A. 25 the finding for recovery is unresolved. A contract is considered to be awarded when it is entered into or executed, irrespective of whether the parties to the contract have exchanged any money. (B) For purposes of this section, a finding for recovery is unresolved unless one of the following criteria applies: (1) The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed; (2) The debtor has entered into a repayment plan that is approved by the attorney general and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued. (3) The attorney general waives a repayment plan described in division (B)(2) of this section for good cause; (4) The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement. (5) The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true: (a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor; (b) Awarding a contract to the debtor for the essential services described in division (B)(5) (a) of this section is in the best interest of the state; (c) Good faith efforts have been made to collect the money identified in the finding of recovery. (6) The debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached; (7) The debt has been discharged in bankruptcy or is no longer owed based on a final nonappealable court order. (C) The attorney general shall submit an initial report to the auditor of state, not later than December 1, 2003, indicating the status of collection for all findings for recovery issued by the auditor of state for calendar years 2001, 2002, and 2003. Beginning on January 1, 2004, the attorney general shall submit to the auditor of state, on the first day of every January, April, July, and October, a list of all findings for recovery that have been resolved in accordance with division (B) of this section during the calendar quarter preceding the submission of the list and a description of the means of resolution. The attorney general shall notify the auditor of state when a judgment is issued against an entity described in division (F)(1) of this section. Am. Sub. H. B. No. 96 136th G.A. 26 (D) The auditor of state shall maintain a database, accessible to the public, listing persons against whom an unresolved finding for recovery has been issued, and the amount of the money identified in the unresolved finding for recovery. The auditor of state shall have this database operational on or before January 1, 2004. The initial database shall contain the information required under this division for calendar years 2001, 2002, and 2003. Beginning January 15, 2004, the auditor of state shall update the database by the fifteenth day of every January, April, July, and October to reflect resolved findings for recovery that are reported to the auditor of state by the attorney general on the first day of the same month pursuant to division (C) of this section. (E) Before awarding a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, a state agency or political subdivision shall verify that the person to whom the state agency or political subdivision plans to award the contract has no unresolved finding for recovery issued against the person. A state agency or political subdivision shall verify that the person does not appear in the database described in division (D) of this section or shall obtain other proof that the person has no unresolved finding for recovery issued against the person. (F) The prohibition of division (A) of this section and the requirement of division (E) of this section do not apply with respect to the companies, payments, or agreements described in divisions (F)(1) and (2) of this section, or in the circumstance described in division (F)(3) of this section. (1) A bonding company or a company authorized to transact the business of insurance in this state, a self-insurance pool, joint self-insurance pool, risk management program, or joint risk management program, unless a court has entered a final judgment against the company and the company has not yet satisfied the final judgment. (2) To medicaid provider agreements under the medicaid program. (3) When federal law dictates that a specified entity provide the goods, services, or construction for which a contract is being awarded, regardless of whether that entity would otherwise be prohibited from entering into the contract pursuant to this section. (G)(1) This section applies only to contracts for goods, services, or construction that satisfy the criteria in either division (G)(1)(a) or (b) of this section. This section may apply to contracts for goods, services, or construction that satisfy the criteria in division (G)(1)(c) of this section, provided that the contracts also satisfy the criteria in either division (G)(1)(a) or (b) of this section. (a) The cost for the goods, services, or construction provided under the contract is estimated to exceed twenty-five thousand dollars. (b) The aggregate cost for the goods, services, or construction provided under multiple contracts entered into by the particular state agency and a single person or the particular political subdivision and a single person within the fiscal year preceding the fiscal year within which a contract is being entered into by that same state agency and the same single person or the same political subdivision and the same single person, exceeded fifty thousand dollars. Am. Sub. H. B. No. 96 136th G.A. 27 (c) The contract is a renewal of a contract previously entered into and renewed pursuant to that preceding contract. (2) This section does not apply to employment contracts. (H) As used in this section: (1) "State agency" has the same meaning as in section 9.66 of the Revised Code. (2) "Political subdivision" means a political subdivision as defined in section 9.82 of the Revised Code that has received more than fifty thousand dollars of state money in the current fiscal year or the preceding fiscal year. (3) "Finding for recovery" means a determination issued by the auditor of state, contained in a report the auditor of state gives to the attorney general pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated. (4) "Debtor" means a person against whom a finding for recovery has been issued. (5) "Person" means the person named in the finding for recovery. (6) "State money" does not include funds the state receives from another source and passes through to a political subdivision. 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 Am. Sub. H. B. No. 96 136th G.A. 28 counsel for the state or for any state agency, unless 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. (10) With respect to a purchase in which a state agency receives a license to use a software application designed to run on generally available desktop or server hardware or cloud platforms, a requirement that the state agency install or run the software on hardware or in a cloud platform dedicated solely to the state agency, or a provision that otherwise restricts the state agency from installing or running the software on hardware or in a cloud platform of the state agency's choosing. (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 September 30, 2021, or to the renewal or extension of a contract in effect before the effective date of this section that date. Sec. 9.28. (A) As used in this section: (1) "Competitive solicitationselection" means a request for proposal or any other solicitation or announcement by a public office requiring bids or proposals for the provision of goods or services to that officethe procedures for making purchases as defined in section 125.01 of the Revised Code. (2) "Public office" includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. "Public office" does not include the nonprofit corporation formed under section 187.01 of the Revised Code. (3) "State agency" includes every department, bureau, board, commission, office, or other organized body established by the constitution and laws of this state for the exercise of any function of state government, including any state-supported institution of higher education, the general assembly, any legislative agency, any court or judicial agency, or any political subdivision or agency of a political subdivision. "State agency" does not include the nonprofit corporation formed under section 187.01 of the Revised Code. (B) Except as provided in division (C) of this section, materials submitted to a public office in response relating to a competitive solicitation through competitive selection shall not be Am. Sub. H. B. No. 96 136th G.A. 29 considered public records for purposes of under section 149.43 of the Revised Code until the date the public office announces after the award of a the contract based on the competitive solicitation or the cancellation of the competitive solicitationselection. (C) If a public office rejects all bids or proposals received in response to a competitive solicitation through competitive selection and, concurrently with the announcement of the rejection gives notice of its intent to reissue the solicitation through competitive selection , the materials submitted in response to the original competitive solicitation and the materials submitted in response to the reissued competitive solicitation shall not be considered public records for purposes of under section 149.43 of the Revised Code until the date the public office announces after the award of a the contract based on the reissued competitive solicitation through or the cancellation of the reissued competitive solicitationselection. Sec. 9.312. (A) If a state agency or political subdivision is required by law or by an ordinance or resolution adopted under division (C) of this section to award a contract to the lowest responsive and responsible bidder, a bidder on the contract shall be considered responsive if the bidder's proposal responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage. The factors that the state agency or political subdivision shall consider in determining whether a bidder on the contract is responsible include the experience of the bidder, the bidder's financial condition, conduct and performance on previous contracts, facilities, management skills, and ability to execute the contract properly. For purposes of this division, the provision of a bid guaranty in accordance with divisions (A)(1) and (B) of section 153.54 of the Revised Code issued by a surety licensed to do business in this state is evidence of financial responsibility, but a state agency or political subdivision may request additional financial information for review from an apparent low bidder after it opens all submitted bids. A state agency or political subdivision shall keep additional financial information it receives pursuant to a request under this division confidential, except under proper order of a court. The additional financial information is not a public record under section 149.43 of the Revised Code. An apparent low bidder found not to be responsive and responsible shall be notified by the state agency or political subdivision of that finding and the reasons for it. Except for contracts awarded by the department of administrative services pursuant to section 125.11 of the Revised Code, the notification shall be given in writing and either by certified mail or, if the state agency or political subdivision has record of an internet identifier of record associated with the bidder, or by ordinary certified mail and by that if no internet identifier of record is available . When awarding contracts pursuant to section 125.11 of the Revised Code, the department may send such notice in writing by first class mail or by electronic means. (B) Where a state agency or a political subdivision that has adopted an ordinance or resolution under division (C) of this section determines to award a contract to a bidder other than the Am. Sub. H. B. No. 96 136th G.A. 30 apparent low bidder or bidders for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement, it shall meet with the apparent low bidder or bidders upon a filing of a timely written protest. The protest must be received within five days of the notification required in division (A) of this section. No final award shall be made until the state agency or political subdivision either affirms or reverses its earlier determination. Notwithstanding any other provisions of the Revised Code, the procedure described in this division is not subject to Chapter 119. of the Revised Code. (C) A municipal corporation, township, school district, board of county commissioners, any other county board or commission, or any other political subdivision required by law to award contracts by competitive bidding may by ordinance or resolution adopt a policy of requiring each competitively bid contract it awards to be awarded to the lowest responsive and responsible bidder in accordance with this section. (D) As used in this section, "internet identifier of record" means an electronic mail address, or any other designation used for self-identification or routing in internet communication or posting, provided for the purpose of receiving communication. Sec. 9.331. (A) Before entering into a contract to employ a construction manager or construction manager at risk, a public authority shall may advertise, in a newspaper of general circulation news media available in the county where the contract is to be performed, and may shall advertise by electronic means pursuant to rules adopted by the director of administrative services, notice of its intent to employ a construction manager or construction manager at risk. The notice shall invite interested parties to submit proposals for consideration and shall be published at least thirty fourteen calendar days prior to the date for accepting the proposals. The public authority also may advertise the information contained in the notice in appropriate trade journals and otherwise notify persons believed to be interested in employment as a construction manager or construction manager at risk. (B) The advertisement shall include a general description of the project, a statement of the specific management services required, and a description of the qualifications required for the project. Sec. 9.334. (A)(A)(1) Every public authority planning to contract for construction management services with a construction manager at risk shall evaluate the proposals submitted and select not fewer than three construction managers at risk the public authority considers to be the most qualified to provide the required construction management services, except that the public authority shall select and rank fewer than three when the public authority determines in writing that fewer than three qualified construction managers at risk are available. (2) For projects valued at less than four million dollars, the public authority may require the construction manager at risk to submit a proposal described in division (A)(1) of this section along with a pricing proposal described in division (C) of this section. The public authority shall provide each construction manager at risk who desires to submit a proposal under this division a pre- Am. Sub. H. B. No. 96 136th G.A. 31 proposal meeting to explore the proposals further, in which the public authority shall provide the construction manager at risk with a description of the project, including the scope and nature of the proposed services and potential technical approaches. The public authority shall proceed with selection and ranking as described in division (A)(1) of this section, based only on the proposal submitted under that division. Once the construction managers at risk have been selected, the public authority shall proceed to evaluate the pricing proposals of each selected construction manager at risk as described in division (D) of this section, continuing the selection process from there. (B) The public authority shall provide each construction manager at risk selected under division (A) of this section with a description of the project, including a statement of available design detail, a description of how the guaranteed maximum price for the project shall be determined, including the estimated level of design detail upon which the guaranteed maximum price shall be based, the form of the construction management contract, and a request for a pricing proposal. (C) The pricing proposal of each construction manager at risk shall include at least the following regarding the construction manager at risk: (1) A list of key personnel for the project; (2) A statement of the general conditions and contingency requirements; (3) A fee proposal divided into a preconstruction fee, a construction fee, and the portion of the construction fee to be at risk in a guaranteed maximum price. (D) The public authority shall evaluate the submitted pricing proposals and may hold discussions with individual construction managers at risk to explore their proposals further, including the scope and nature of the proposed services and potential technical approaches. (E) After evaluating the pricing proposals, the public authority shall rank the selected construction managers at risk based on its evaluation of the value of each pricing proposal, with such evaluation considering the proposed cost and qualifications. (F) The public authority shall enter into negotiations for a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section. Contract negotiations shall be directed toward: (1) Ensuring that the construction manager at risk and the public authority mutually understand the essential requirements involved in providing the required construction management services, including the provisions for the use of contingency funds and the possible distribution of savings in the final costs of the project; (2) Ensuring that the construction manager at risk will be able to provide the necessary personnel, equipment, and facilities to perform the construction management services within the time required by the construction management contract; (3) Agreeing upon a procedure and schedule for determining a guaranteed maximum price using an open book pricing method that shall represent the total maximum amount to be paid by the public authority to the construction manager at risk for the project and that shall include the costs of Am. Sub. H. B. No. 96 136th G.A. 32 all the work, the cost of its general conditions, the contingency, and the fee payable to the construction manager at risk. (G)(1) If the public authority fails to negotiate a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority shall inform the construction manager at risk, in writing, of the termination of negotiations. (2) Upon terminating negotiations, the public authority may enter into negotiations as provided in this section with the construction manager at risk that the public authority ranked next highest under division (E) of this section. If negotiations fail, the public authority may enter into negotiations as provided in this section with the construction manager at risk the public authority ranked next highest under division (E) of this section. (3) If a public authority fails to negotiate a construction management contract with a construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority may select additional construction managers at risk to provide pricing proposals to the public authority pursuant to this section or may select an alternative delivery method for the project. (H) If the public authority and construction manager at risk fail to agree on a guaranteed maximum price, nothing in this section shall prohibit the public authority from allowing the construction manager at risk to provide the management services that a construction manager is authorized to provide. (I) Nothing in this section affects a public authority's right to accept or reject any or all proposals in whole or in part. Sec. 9.35. (A) As used in this section, "public official" means an elected or appointed officer, employee, or agent of any political subdivision, board, commission, bureau, or other public body established by law who is permitted or required in the performance of hisofficial duties to issue checks, keep books and records, prepare and preserve payroll and other employee records, and make reports or perform other similar duties. (B) Any public official may contract for and engage the services of a financial institution, or other person engaged in the business or capable of rendering electronic data processing or computer services, to perform the mechanical, clerical, or record-keeping services necessary in the performance of hisofficial duties. Such services may include, but are not limited to, the preparation of payroll and other records, the preparation, signing, and issuance of checks, the preparation of reports and accounts, and the performance of all similar duties. (C) A contract authorized by division (B) of this section may be entered into only: (1) If the surety bond required of such public official includes within its coverage any loss which might occur as the result of such contract; (2) Pursuant to a resolution duly adopted by the governing board, commission, bureau, or other public body having jurisdiction over such public official authorizing a contract for the Am. Sub. H. B. No. 96 136th G.A. 33 performance of such services; (3) If the contract does not conflict with the accounting requirements prescribed by the auditor of state under section 117.43 of the Revised Code or with accounting procedures prescribed by the director of budget and management under section 126.21 of the Revised Code; (4) If assurances satisfactory to the auditor of state are furnished by both the financial institution, or other person engaged in the business or capable of rendering electronic data processing or computer services, and the public official that the books and records of the public official in the possession of the person performing such . (D) Such services shall be are subject to audit by the auditor of state to the same extent as if such services were being performed by the public official himself. (D)(E) A public official, at the request of a person to whom the political subdivision, board, commission, bureau, or other public body is indebted and to whom payment is to be made, may send a check to a bank representing the amount due such person for credit to histhe person's account in the bank subject to the following conditions: (1) The person to whom payment is to be made provides the public official with a written request on a form approved by the auditor of state which that designates the bank and contains the endorsement of such bank thereon stating its willingness to act in this respect as agent of such person; (2) In the event that there are two or more persons who designate the same bank and payments are due to such persons on the same regularly recurring dates, the public official may draw a single check for the total amount due all such persons in favor of the bank for credit to the accounts of the several persons; (3) Payment of a check drawn in favor of and properly endorsed by the bank designated by a person to whom payment is to be made constitutes a full acquittance to the public official for the amount of such payment. (E)(F) Nothing contained in this section relieves such public official from the primary responsibility for the maintenance of the records and performance of the duties of his office. Sec. 9.561. (A) As used in this section: (1) "Government entity" means a state agency, public institution, political subdivision, or any other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. (2) "Public building" means any building owned or occupied by a government entity. (B) No government entity shall place menstrual products in the men's restroom of a public building. Sec. 9.64. (A) As used in this section: (1) "Cybersecurity incident" means any of the following: (a) A substantial loss of confidentiality, integrity, or availability of a covered entity's information system or network; Am. Sub. H. B. No. 96 136th G.A. 34 (b) A serious impact on the safety and resiliency of a covered entity's operational systems and processes; (c) A disruption of a covered entity's ability to engage in business or industrial operations, or deliver goods or services; (d) Unauthorized access to an entity's information system or network, or nonpublic information contained therein, that is facilitated through or is caused by: (i) A compromise of a cloud service provider, managed service provider, or other third-party data hosting provider; or (ii) A supply chain compromise. "Cybersecurity incident" does not include mere threats of disruption as extortion; events perpetrated in good faith in response to a request by the system owner or operator; or lawfully authorized activity of a United States, state, local, tribal, or territorial government entity. (2) "Political subdivision" means a county, township, municipal corporation, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. (3) "Ransomware incident" means a malicious cybersecurity incident in which a person or entity introduces software that gains unauthorized access to or encrypts, modifies, or otherwise renders unavailable a political subdivision's information technology systems or data and thereafter the person or entity demands a ransom to prevent the publication of the data, restore access to the data, or otherwise remediate the impact of the software. (B) A political subdivision experiencing a ransomware incident shall not pay or otherwise comply with a ransom demand unless the political subdivision's legislative authority formally approves the payment or compliance with the ransom demand in a resolution or ordinance that specifically states why the payment or compliance with the ransom demand is in the best interest of the political subdivision. (C) The legislative authority of a political subdivision shall adopt a cybersecurity program that safeguards the political subdivision's data, information technology, and information technology resources to ensure availability, confidentiality, and integrity. The program shall be consistent with generally accepted best practices for cybersecurity, such as the national institute of standards and technology cybersecurity framework, and the center for internet security cybersecurity best practices, and may include, but are not limited to, the following: (1) Identify and address the critical functions and cybersecurity risks of the political subdivision. (2) Identify the potential impacts of a cybersecurity breach. (3) Specify mechanisms to detect potential threats and cybersecurity events. (4) Specify procedures for the political subdivision to establish communication channels, analyze incidents, and take actions to contain cybersecurity incidents. (5) Establish procedures for the repair of infrastructure impacted by a cybersecurity incident, Am. Sub. H. B. No. 96 136th G.A. 35 and the maintenance of security after the incident. (6) Establish cybersecurity training requirements for all employees of the political subdivision; the frequency, duration, and detail of which shall correspond to the duties of each employee. Annual cybersecurity training provided by the state, and training provided for local governments by the Ohio persistent cyber initiative program of the Ohio cyber range institute, satisfy the requirements of this division. (D) The legislative authority of a political subdivision, following each cybersecurity incident or ransomware incident, shall notify both of the following: (1) The executive director of the division of homeland security within the department of public safety, in a manner prescribed by the executive director, as soon as possible but not later than seven days after the political subdivision discovers the incident; (2) The auditor of state, in a manner prescribed by the auditor of state, as soon as possible but not later than thirty days after the political subdivision discovers the incident. (E) Any records, documents, or reports related to the cybersecurity program and framework in division (C) of this section, and the reports of a cybersecurity incident or ransomware incident under division (D) of this section, are not public records under section 149.43 of the Revised Code. (F) A record identifying cybersecurity-related software, hardware, goods, and services, that are being considered for procurement, have been procured, or are being used by a political subdivision, including the vendor name, product name, project name, or project description, is a security record under section 149.433 of the Revised Code. Sec. 9.67. No (A) Subject to division (B) of this section, no owner of a professional sports team that uses a tax-supported facility for most of its home games and receives financial assistance from the state or a political subdivision thereof shall cease playing most of its home games at the tax-supported facility and begin playing most of its home games elsewhere at a facility located outside of the state unless the owner eitherdoes one of the following: (A)(1) Enters into an agreement with the political subdivision permitting the team to play most of its home games elsewhereat a facility located outside of the state; (B) (2) Gives the political subdivision in which the tax-supported facility is located not less than six months' advance written notice of the owner's intention to cease playing most of its home games at the tax-supported facility and, during the six months after such notice, gives the political subdivision or any individual or group of individuals who reside in the area the opportunity to purchase the team. (B)(1) Any lease, operating agreement, management agreement, non-relocation agreement, or other similar agreement entered into with the political subdivision before, on, or after the effective date of this amendment that expressly obligates the professional sports team to play all or most of the professional sports team's regular season home games at the tax-supported facility for the term of the lease or agreement, or for a shorter period of time as set forth in the lease or agreement, is, upon the expiration of the term of the lease or agreement, or shorter period of time as set forth in the lease Am. Sub. H. B. No. 96 136th G.A. 36 or agreement, as applicable, deemed an agreement with the political subdivision permitting the team to play most of its home games at a different facility in satisfaction of division (A)(1) of this section. (2) Notwithstanding the expiration of the term of the lease or agreement, or a shorter period of time as set forth in the lease or agreement, as applicable, any lease or agreement described under division (B)(1) of this section is not deemed an agreement with the political subdivision permitting the team to play most of its home games at a different facility, in satisfaction of division (A)(1) of this section, if the different facility is located outside of the state. Sec. 9.681. (A) As used in this section, "tobacco product" and "alternative nicotine product" have the same meanings as in section 2927.02 of the Revised Code. (B) The regulation of tobacco products and alternative nicotine products is a matter of general statewide concern that requires statewide regulation. The state has adopted a comprehensive plan with respect to all aspects of the giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products and alternative nicotine products. No political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that conflicts with or preempts any policy of the state regarding the regulation of tobacco products or alternative nicotine products, including, without limitation, by: (1) Setting or imposing standards, requirements, taxes, fees, assessments, or charges of any kind regarding tobacco products or alternative nicotine products that are the same as or similar to, that conflict with, that are different from, or that are in addition to, any standard, requirement, tax, fee, assessment, or other charge established or authorized by state law; (2) Lowering or raising an age requirement provided for in state law in connection with the giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products or alternative nicotine products; (3) Prohibiting an employee eighteen years of age or older of a manufacturer, producer, distributor, wholesaler, or retailer of tobacco products or alternative nicotine products from selling tobacco products or alternative nicotine products; (4) Prohibiting an employee eighteen years of age or older of a manufacturer, producer, distributor, wholesaler, or retailer of tobacco products or alternative nicotine products from handling tobacco products or alternative nicotine products in sealed containers in connection with manufacturing, storage, warehousing, placement, stocking, bagging, loading, or unloading. (C) In addition to any other relief provided, the court shall award costs and reasonable attorney attorney's fees to any person, group, or entity that prevails in a challenge to an ordinance, resolution, regulation, local law, or other action as being in conflict with this section. (D) The general assembly finds and declares that this section is part of a statewide and comprehensive legislative enactment regulating all aspects of the giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products and alternative nicotine products. The general assembly further finds and declares that the Am. Sub. H. B. No. 96 136th G.A. 37 imposition of tobacco product and alternative nicotine product regulation by any political subdivision is a matter of statewide concern and would be inconsistent with that statewide, comprehensive enactment. Therefore, regulation of the giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products and alternative nicotine products is a matter of general statewide concern that requires uniform statewide regulation. By the enactment of this section, it is the intent of the general assembly to preempt political subdivisions from the regulation of tobacco products and alternative nicotine products. (E) This section does not prohibit a political subdivision from levying a tax expressly authorized by state law, including the taxes authorized under Chapters 5739. and 5741. or sections 5743.021, 5743.024, 5743.026, 5743.321, 5743.323, and 5743.324, 5743.511, 5743.521, 5743.621, and 5743.631 of the Revised Code. Sec. 9.691. (A) The general assembly and executive department officers elected under Ohio Constitution, Article III may establish, implement, and fund through public resources, security provisions for the protection of the members of the general assembly and executive department officers covered under this section. (B)(1) The authority to determine and administer appropriate security provisions for the general assembly is vested in the presiding officer of each house. (2) The authority to determine and administer security provisions for executive department officers covered by this section is vested in each respective officer. (3) The supreme court has the authority to adopt rules under its general superintending power that governs security provisions, including establishing, implementing, and funding through public resources, those provisions, for justices, judges, and the judiciary as established by Ohio Constitution, Article IV and the laws of this state. (C)(1) In addition to the sergeant at arms and any assistant sergeants at arms, each house of the general assembly may appoint, employ, contract with, and fix the compensation of law enforcement officers, as defined in section 9.69 of the Revised Code, or other persons to provide or coordinate security for the members of the general assembly. (2) Each executive department officer covered by this section may appoint, employ, contract with, and fix the compensation of law enforcement officers, as defined in section 9.69 of the Revised Code, or other persons to provide or coordinate security for the officer. (3) Any law enforcement officer, as defined in section 9.69 of the Revised Code, who is authorized to provide or coordinate security for the general assembly or the executive department officers covered by this section has the same arrest powers as other peace officers and law enforcement officers to apprehend offenders against the criminal laws who endanger or threaten the security of any person being protected, no matter where the offense occurs. This jurisdiction is concurrent with that of peace officers and law enforcement officers of the county, township, or municipal corporation in which the violation occurs and with the state highway patrol. (D) This section is in addition to, independent of, and operates concurrently with, any Am. Sub. H. B. No. 96 136th G.A. 38 security provided by the state highway patrol under section 5503.02 of the Revised Code. 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, 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 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. (G) The office of the attorney general or counsel appointed by the office of the attorney general, including any legal representatives thereof, shall provide and share communications and documents that are made for the purpose of seeking or providing legal advice or counsel in connection with actual or potential litigation, liability claims, contract disputes, risk management Am. Sub. H. B. No. 96 136th G.A. 39 issues, and other matters involving the programs of the office of risk management with the office. All such communications and documents shared between the office, a state agency, and the office of the attorney general or counsel appointed by the office of the attorney general, including any legal representatives thereof, are privileged and confidential. Sec. 101.30. (A) As used in this section: (1) "Legislative document" includes, but is not limited to, all of the following: (a) A working paper, work product, correspondence, preliminary draft, note, proposed bill or resolution, proposed amendment to a bill or resolution, analysis, opinion, memorandum, or other document in whatever form or format prepared by legislative staff, general assembly staff, or a member of the general assembly for a member of the general assembly or for general assembly staff; (b) Any document or material in whatever form or format provided by a member of the general assembly or general assembly staff to legislative staff, general assembly staff, or a member of the general assembly that requests, or that provides information or materials to assist in, the preparation of any of the items described in division (A)(1)(a) of this section; (c) Any summary of a bill or resolution or of an amendment to a bill or resolution in whatever form or format that is prepared by or in the possession of legislative staff for a member of the general assembly or general assembly staff, if the summary is prepared before the bill, resolution, or amendment is filed for introduction or presented at a committee hearing or floor session, as applicable. (2) "Legislative staff" means the staff of the legislative service commission, legislative budget office of the legislative service commission, or any other legislative agency included in the legislative service commission budget group. (3) "General assembly staff" means an officer or employee of either house of the general assembly who acts on behalf of a member of the general assembly or on behalf of a committee or either house of the general assembly. (B) (B)(1) Legislative staff shall maintain a confidential relationship with each member of the general assembly, and with each member of the general assembly staff, with respect to communications between the member of the general assembly or general assembly staff and legislative staff. Except as otherwise provided in this division and division (C) of this section, a legislative document arising out of this confidential relationship is not a public record for purposes of section 149.43 of the Revised Code. When it is in the public interest and with the consent of the commission, the director of the commission may release to the public any legislative document in the possession of the commission staff arising out of a confidential relationship with a former member of the general assembly or former member of the general assembly staff who is not available to make the legislative document a public record as provided in division (C) of this section because of death or disability, whom the director is unable to contact for that purpose, or who fails to respond to the director after the director has made a reasonable number of attempts to make such contact. Am. Sub. H. B. No. 96 136th G.A. 40 (2) A legislative document that is not otherwise exempt from disclosure as a public record under division (B)(1) of this section is not a public record for purposes of section 149.43 of the Revised Code during the general assembly in which the legislative document was created. After the general assembly in which the legislative document was created has adjourned sine die, the legislative document is a public record for purposes of section 149.43 of the Revised Code unless the legislative document would be privileged under Ohio Constitution, Article II, Section 12. (C)(1) A legislative document is a public record for purposes of section 149.43 of the Revised Code if it is an analysis, synopsis, fiscal note, or local impact statement prepared by legislative staff that is required to be prepared by law, or by a rule of either house of the general assembly, for the benefit of the members of either or both of those houses or any legislative committee and if it has been presented to those members. (2) A legislative document is a public record for purposes of section 149.43 of the Revised Code if a member of the general assembly for whom legislative staff prepared the legislative document does any of the following: (a) Files it for introduction with the clerk of the senate or the clerk of the house of representatives, if it is a bill or resolution; (b) Presents it at a committee hearing or floor session, if it is an amendment to a bill or resolution or is a substitute bill or resolution; (c) Releases it, or authorizes general assembly staff or legislative staff to release it, to the public. (D) Nothing in this section or section 149.43 of the Revised Code diminishes, extinguishes, or otherwise limits or restricts the privileges set forth in, or that emanate from, Ohio Constitution, Article II, Section 12. Sec. 101.352. If the joint committee on agency rule review becomes aware that an agency subject to its jurisdiction is relying upon a principle of law or policy that, under section 121.93 of the Revised Code, should have been supplanted by its restatement in a rule, the chairperson of the joint committee responsible for calling and conducting meetings under section 101.35 of the Revised Code, in that chairperson's sole discretion, may request the agency to appear before the joint committee to address why, notwithstanding section 121.93 of the Revised Code, it is so relying. The request shall specify the time and place at which a designee of the agency is to appear before the joint committee to address, and to answer the joint committee's questions concerning, the agency's reliance. The date set for the appearance shall be not earlier than thirty days after the joint committee transmits the request to the agency. The joint committee shall transmit the request to the agency electronically. The joint committee also shall publish the request on its web site, as part of the relevant meeting agenda, and shall indicate in conjunction with the published request that any person is invited to appear before the joint committee when the agency appears to offer and make comments to the joint committee concerning the agency's reliance. Upon receiving the request, the agency shall designate a suitable agency officer or employee Am. Sub. H. B. No. 96 136th G.A. 41 to appear on behalf of the agency before the joint committee as directed in the request. The agency electronically shall notify the joint committee of the name, title, telephone number, and electronic mail address of the officer or employee who has been designated to appear before the joint committee in response to the request. Upon appearing before the joint committee, the agency's designee shall address why the agency is relying upon a principle of law or policy that, notwithstanding section 121.93 of the Revised Code, has not been supplanted by its restatement in a rule. The members of the joint committee may question the agency's designee concerning the agency's reliance. Any person may offer and make comments to the joint committee concerning the agency's reliance. After the appearance has concluded, the joint committee, by vote of a majority of its members, in writing may recommend to the agency that it supplant the principle of law or policy that it is relying upon by its restatement in a rule. The joint committee shall support its recommendation with a brief rationale of why, under section 121.93 of the Revised Code, the principle of law or policy should be supplanted by its restatement in a rule. The joint committee shall transmit the recommendation electronically to the agency. After receiving the recommendation from the joint committee, the agency shall commence the rule-making process as soon as it is reasonably feasible to do so, but not later than the date that is six three months after the recommendation was received. The principle of law or policy as it is restated in a rule does not need to be wholly congruent with the supplanted principle of law or policy. The agency lawfully may improve or develop further the supplanted principle of law or policy as it is restated in a rule. The agency may continue to rely upon the principle of law or policy, but only while it is complying with the preceding paragraph. The agency may not rely upon the principle of law or policy in advising with regard to or in determining the rights or liabilities of a person if the any of the following apply: (A) The agency fails to commence the rule-making process by the deadline specified in the preceding paragraph, or if, after . (B) After commencing the rule-making process, the agency neglects or abandons the rule- making process before it is completed. (C) The agency fails to file a rule recommended under this section in final form within one year of receiving a written recommendation from the joint committee in accordance with this section. (D) After filing a proposed rule and rule summary and fiscal analysis with the joint committee, the agency notifies the joint committee of the agency's intention to file a revised proposed rule as described in division (B) of section 106.02 of the Revised Code. Sec. 101.53. (A) A legislative action to amend or enact a codified or uncodified statutory section shall be indicated in bills and enrolled acts according to the following principles: (1) New matter that is to be inserted into an existing codified or uncodified section shall be Am. Sub. H. B. No. 96 136th G.A. 42 indicated by inserting the new matter, underlined, into the section at the appropriate place, in the same form as it is to appear in the resulting law. (2) Old matter that is to be omitted from an existing codified or uncodified section shall be indicated by retaining the matter as it appears in the section and striking it through with a horizontal line. (3) A new codified section that is to be added to the law shall be indicated by presenting the section, underlined, in the same form as it is to appear in the resulting law. (4) A new uncodified section that is to be added to the law shall be indicated by presenting the section, without underlining, in the same form as it is to appear in the resulting law. (B)(1) A legislative proposal to amend or enact a section of the Ohio Constitution shall be indicated in a joint resolution the same as an amendment to or an enactment of a codified statutory section in a bill. (2) A legislative proposal of a schedule or of an amending, enacting, repeal, effective date, or other special clause applying to a proposed amendment of the Ohio Constitution shall be indicated in a joint resolution the same as an enactment of a new uncodified statutory section in a bill. (C) Bills shall be printed in the exact language in which they were passed, under the supervision of the clerk of the house in which they originated. The legislative service commission, by rule adopted under section 111.15 of the Revised Code, shall direct how new matter shall be indicated and old matter omitted. Sec. 101.63. (A)(1) Not later than the first day of March in the odd-numbered year during which an occupational licensing board is scheduled to be triggered to expire the following even- numbered year under section 101.62 of the Revised Code, the speaker of the house of representatives shall direct a standing committee of the house of representatives to hold hearings to receive the testimony of the public and of the chief executive officer of the board, and otherwise to review, consider, and evaluate the usefulness, performance, and effectiveness of the board. Not later than the fifteenth day of November of that same odd-numbered year, the standing committee shall prepare and publish a report of its findings and recommendations in accordance with section 101.65 of the Revised Code. If the standing committee's report includes a bill, the house of representatives shall consider that bill for passage by the thirty-first day of December of that same odd-numbered year. (2) Not later than the first day of March in the even-numbered year during which an occupational licensing board is scheduled to be triggered to expire under section 101.62 of the Revised Code, the president of the senate shall direct a standing committee of the senate to hold hearings to receive testimony of the public and of the chief executive officer of the board, and otherwise to review, consider, and evaluate the usefulness, performance, and effectiveness of the board and any bill considered by the house of representatives related to the expiration of that board. Not later than the fifteenth day of November of that same even-numbered year, the standing Am. Sub. H. B. No. 96 136th G.A. 43 committee shall prepare and publish a report of its findings and recommendations in accordance with section 101.65 of the Revised Code. If the standing committee's report includes a bill, the senate shall consider that bill for passage by the thirty-first day of December of that same even- numbered year. (3) The president of the senate and the speaker of the house of representatives may, in the same manner as described in divisions (A)(1) and (2) of this section, direct a standing committee to review an occupational licensing board for which the director of the legislative service commission, under section 103.27 of the Revised Code, has performed a review. (4) The president of the senate and the speaker of the house of representatives shall direct standing committees to review approximately thirty-three per cent of the occupational licensing boards each biennium. All occupational licensing boards shall be reviewed over a six-year period including calendar years 2019 through 2024, and also during each subsequent six-year period. (B) Each occupational licensing board that is scheduled to be reviewed by a standing committee shall submit to the standing committee a report that contains all of the following information: (1) The board's primary purpose and its various goals and objectives; (2) The board's past and anticipated workload, the number of staff required to complete that workload, and the board's total number of staff; (3) The board's past and anticipated budgets and its sources of funding; (4) The number of members of its governing board or other governing entity and their compensation, if any. (C) Each board shall have the burden of demonstrating to the standing committee a public need for its continued existence. In determining whether a board has demonstrated that need, the standing committee shall consider, as relevant, all of the following: (1) Whether or not continuation of the board is necessary to protect the health, safety, or welfare of the public, and if so, whether or not the board's authority is narrowly tailored to protect against present, recognizable, and significant harms to the health, safety, or welfare of the public; (2) Whether or not the public could be protected or served in an alternate or less restrictive manner; (3) Whether or not the board serves a specific private interest; (4) Whether or not rules adopted by the board are consistent with the legislative mandate of the board as expressed in the statutes that created and empowered the board; (5) The extent to which the board's jurisdiction and programs overlap or duplicate those of other boards, the extent to which the board coordinates with those other boards, and the extent to which the board's programs could be consolidated with the programs of other state departments or boards; (6) How many other states regulate the occupation, whether a license is required to engage in the occupation in other states, whether the initial licensing and license renewal requirements for the Am. Sub. H. B. No. 96 136th G.A. 44 occupation are substantially equivalent in every state, and the amount of regulation exercised by the board compared to the regulation, if any, in other states; (7) The extent to which significant changes in the board's rules could prevent an individual licensed in this state from practicing, or allow an individual licensed in this state to practice, the same occupation in another jurisdiction without obtaining an occupational license for that occupation in that other jurisdiction; (8) Whether the board recognizes national uniform licensure requirements for the occupation; (9) Whether or not private contractors could be used, in an effective and efficient manner, either to assist the board in the performance of its duties or to perform these duties instead of the board; (10) Whether or not the operation of the board has inhibited economic growth, reduced efficiency, or increased the cost of government; (11) An assessment of the authority of the board regarding fees, inspections, enforcement, and penalties; (12) The extent to which the board has permitted qualified applicants to serve the public; (13) The extent to which the board has permitted individuals to practice elements of the occupation without a license; (14) The cost-effectiveness of the board in terms of number of employees, services rendered, and administrative costs incurred, both past and present; (15) Whether or not the board's operation has been impeded or enhanced by existing statutes and procedures and by budgetary, resource, and personnel practices; (16) Whether the board has recommended statutory changes to the general assembly that would benefit the public as opposed to the persons regulated by the board, if any, and whether its recommendations and other policies have been adopted and implemented; (17) Whether the board has required any persons it regulates to report to it the impact of board rules and decisions on the public as they affect service costs and service delivery; (18) Whether persons regulated by the board, if any, have been required to assess problems in their business operations that affect the public; (19) Whether the board has encouraged public participation in its rule-making and decision- making; (20) The efficiency with which formal public complaints filed with the board have been processed to completion; (21) Whether the purpose for which the board was created has been fulfilled, has changed, or no longer exists; (22) Whether federal law requires that the board be renewed in some form; (23) An assessment of the administrative hearing process of a board if the board has an administrative hearing process, and whether or not the hearing process is consistent with due process Am. Sub. H. B. No. 96 136th G.A. 45 rights; (24) Whether the requirement for the occupational license is consistent with the policies expressed in section 4798.02 of the Revised Code, serves a meaningful, defined public interest, and provides the least restrictive form of regulation that adequately protects the public interest; (25) The extent to which licensing ensures that practitioners have occupational skill sets or competencies that are substantially related to protecting consumers from present, significant, and substantiated harms that threaten public health, safety, or welfare, and the impact that those criteria have on applicants for a license, particularly those with moderate or low incomes, seeking to enter the occupation or profession; (26) The extent to which the requirement for the occupational license stimulates or restricts competition, affects consumer choice, and affects the cost of services; (27) An assessment of whether or not changes are needed in the enabling laws of the board in order for it to comply with the criteria suggested by the considerations listed in division (C) of this section; (28) Beginning with reviews commencing on or after January 1, 2027, whether the number of board members is appropriate based on the board's workload and the number of occupational licenses issued by the board. For division (C) of this section, a government regulatory requirement protects or serves the public interest if it provides protection from present, significant, and substantiated harms to the health, safety, or welfare of the public. (D) The legislative service commission shall provide staff services to a standing committee performing its duties under this section and section 101.65 of the Revised Code. Sec. 101.65. (A) After the completion of the review of a board under section 101.63 of the Revised Code, the standing committee that conducted the review shall prepare and publish a report of its findings and recommendations. A standing committee may include in a single report its findings and recommendations regarding more than one board. The committee shall furnish a copy of the report to the president of the senate, the speaker of the house of representatives, the governor, and each affected board. Any published report shall be made available to the public on the standing committee's internet web site, and in the offices of the house of representatives and senate clerks during reasonable hours. As part of a report, the standing committee may present its recommendations to the general assembly in bill form. (B) Recommendations made by the standing committee shall indicate how or whether their implementation will do each of the following: (1) Improve efficiency in the management of state government; (2) Improve services rendered to citizens of the state; (3) Simplify and improve preparation of the state budget; (4) Conserve the natural resources of the state; (5) Promote the orderly growth of the state and its government; Am. Sub. H. B. No. 96 136th G.A. 46 (6) Promote that occupational regulations shall be construed and applied to increase economic opportunities, promote competition, and encourage innovation; (7) Provide for the least restrictive regulation by repealing the current regulation and replacing it with a less restrictive regulation that is consistent with the policies expressed in section 4798.02 of the Revised Code; (8) Improve the effectiveness of the services performed by the service departments of the state; (9) Avoid duplication of effort by state agencies or boards; (10) Improve the organization and coordination of the state government in one or more of the ways listed in divisions (B)(1) to (9) of this section. (C) Beginning with reviews commencing on or after January 1, 2027, the standing committee's recommendations shall attempt to ensure that each board consists of not fewer than five members and not more than nine members. Sec. 101.82. As used in sections 101.82 to 101.87 of the Revised Code: (A) "Agency" means any board, commission, committee, or council, or any other similar state public body required to be established pursuant to state statutes for the exercise of any function of state government and to which members are appointed or elected. "Agency" does not include the following: (1) The general assembly, or any commission, committee, or other body composed entirely of members of the general assembly; (2) Any court; (3) Any public body created by or directly pursuant to the constitution of this state; (4) The board of trustees of any institution of higher education financially supported in whole or in part by the state; (5) Any public body that has the authority to issue bonds or notes or that has issued bonds or notes that have not been fully repaid; (6) The public utilities commission of Ohio; (7) The consumers' counsel governing board; (8) The Ohio board of regents; (9) Any state board or commission that has the authority to issue any final adjudicatory order that may be appealed to the court of common pleas under Chapter 119. of the Revised Code; (10)(9) Any board of elections; (11)(10) The board of directors of the Ohio insurance guaranty association and the board of governors of the Ohio fair plan underwriting association; (12) The Ohio public employees deferred compensation board; (13) (11) The Ohio retirement study council; (14)(12) The board of trustees of the Ohio police and fire pension fund, public employees retirement board, school employees retirement board, state highway patrol retirement board, and Am. Sub. H. B. No. 96 136th G.A. 47 state teachers retirement board; (15)(13) The industrial commission; (16)(14) The parole board; (17)(15) The board of tax appeals; (18)(16) The controlling board; (19)(17) The release authority of department of youth services; (20)(18) The environmental review appeals commission; (21)(19) The Ohio ethics commission; (22)(20) The Ohio public works commission; (23)(21) The self-insuring employers evaluation board; (24)(22) The state board of deposit; (25)(23) The state employment relations board; (26)(24) An agency that is exempted from the requirements of sections 101.82 to 101.87 of the Revised Code by the agency's enabling statutes; and (27)(25) The following agencies, deemed to have a purpose related to federal law: (a) The early childhood children and youth advisory council, under section 5104.50 5180.04 of the Revised Code; (b) The emergency response commission under section 3750.02 of the Revised Code; (c) The public defender commission under section 120.01 of the Revised Code; (d) The homeland security advisory council under division (E) of section 5502.011 of the Revised Code; (e) The unemployment compensation review commission under section 4141.06 of the Revised Code. (B) "Abolish" means to repeal the statutes creating and empowering an agency, remove its personnel, and transfer its records to the department of administrative services pursuant to division (E) of section 149.331 of the Revised Code. (C) "Terminate" means to amend or repeal the statutes creating and empowering an agency, remove its personnel, and reassign its functions and records to another agency or officer designated by the general assembly. (D) "Transfer" means to amend the statutes creating and empowering an agency so that its functions, records, and personnel are conveyed to another agency or officer. (E) "Renew" means to continue an agency, and may include amendment of the statutes creating and empowering the agency, or recommendations for changes in agency operation or personnel. Sec. 101.83. (A) It is the intent of the general assembly that an agency shall expire by operation of sunset review law, sections 101.82 to 101.87 of the Revised Code, four years more or less after the effective date of the act that established the agency. Unless renewed in accordance with division (E) of this section: Am. Sub. H. B. No. 96 136th G.A. 48 (1) An agency created during an even-numbered general assembly expires at the end of the thirty-first day of December in the second year of the next odd-numbered general assembly; (2) An agency created during an odd-numbered general assembly expires at the end of the thirty-first day of December in the second year of the next even-numbered general assembly; and (3) An agency renewed by a prior sunset review committee expires on the expiration date specified in the act that renewed the agency. (B) Any act renewing an agency shall contain a distinct section providing a specific expiration date for the agency in accordance with this section. With respect to an agency scheduled to expire through operation of sunset review law, sections 101.82 to 101.87 of the Revised Code, the specific expiration date shall be the thirty-first day of December in the second year of a general assembly. (C) If the general assembly does not renew or transfer an agency on or before its expiration date, it expires on that date. The director of budget and management shall not authorize the expenditure of any moneys for any agency on or after the date of its expiration. (D) The general assembly may provide by law for the orderly, efficient, and expeditious conclusion of an agency's business and operation. The rules, orders, licenses, contracts, and other actions made, taken, granted, or performed by the agency continue in effect according to their terms notwithstanding the agency's abolition, unless the general assembly provides otherwise by law. The general assembly may provide by law for the temporary or permanent transfer of some or all of a terminated or transferred agency's functions and personnel to a successor agency or officer. The abolition, termination, or transfer of an agency does not cause the termination or dismissal of any claim pending against the agency by any person, or any claim pending against any person by the agency. Unless the general assembly provides otherwise by law for the substitution of parties, the attorney general shall succeed the agency with reference to any pending claim. (E) An agency may be renewed by passage of a bill that continues the statutes creating and empowering the agency, that amends or repeals those statutes, or that enacts new statutes, to improve agency usefulness, performance, or effectiveness. (F) The chairperson of an agency listed in division (A)(27)(A)(25) of section 101.82 of the Revised Code shall notify the speaker of the house of representatives and the president of the senate, in the manner specified in section 101.68 of the Revised Code, and shall notify the governor, if federal law is modified to eliminate the purpose or necessity for the agency's existence. The notification shall be in writing and include the following disclosure: "The agency known as the _______ was exempted from sunset review law because it had a purpose related to federal law. The federal law specifying that purpose has been amended or repealed eliminating the purpose or necessity for the agency. The sunset review committee, next convened under section 101.82 to 101.87 of the Revised Code, shall schedule the agency for review and shall make a recommendation with respect to the agency in accordance with section 101.87 of Am. Sub. H. B. No. 96 136th G.A. 49 the Revised Code." Sec. 101.84. (A) A sunset review committee shall be convened during each general assembly. The committee shall be composed of nine members. The president of the senate shall appoint three members of the senate to the committee, not more than two of whom shall be members of the same political party. The speaker of the house of representatives shall appoint three members of the house of representatives to the committee, not more than two of whom shall be members of the same political party. The governor, with the advice and consent of the senate, shall appoint three members to the committee, not more than two of whom shall be members of the same political party. Members shall be appointed within forty-five days after the commencement of the first regular session of each general assembly. (B) Each member of the committee who is a member of the general assembly shall serve for the duration of the committee, or until that committee member no longer is a member of the senate or the house of representatives. Each member of the committee who is appointed by the governor shall serve for the duration of the committee, but not later than the thirty-first day of December in the second year of the general assembly. A vacancy on the committee shall be filled in the same manner as the original appointment. In the first year of the general assembly, the chairperson of the committee shall be a member of the house of representatives, and the vice-chairperson of the committee shall be a member of the senate. In the second year of the general assembly, the chairperson of the committee shall be a member of the senate, and the vice-chairperson of the committee shall be a member of the house of representatives. Members of the committee shall receive no compensation, but shall be reimbursed for their necessary expenses incurred in the performance of their official duties. (C) The committee shall meet not later than thirty ninety days after the first day of the first year of the general assembly to choose a chairperson and to commence establishment of the schedule for agency review provided for in section 101.85 of the Revised Code or perform other committee duties under sections 101.82 to 101.87 of the Revised Code. Five members of the committee constitute a quorum for the conduct of committee business. (D) The sunset review committee, after having prepared and published a report of its findings and recommendations, and furnished the report, as required under section 101.87 of the Revised Code, ceases to exist for the remainder of the biennial 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 Am. Sub. H. B. No. 96 136th G.A. 50 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 department of education and workforce 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; 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 Am. Sub. H. B. No. 96 136th G.A. 51 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 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 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, Am. Sub. H. B. No. 96 136th G.A. 52 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 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 Am. Sub. H. B. No. 96 136th G.A. 53 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; (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. Am. Sub. H. B. No. 96 136th G.A. 54 (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 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 Am. Sub. H. B. No. 96 136th G.A. 55 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. (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: 1 2 A For state office, except member of the state board of education $95 B For office of member of general assembly $40 C For county office $60 D For city office $35 E For office of member of the state board of education $35 F For office of member of a city, local, exempted village, or cooperative $30 Am. Sub. H. B. No. 96 136th G.A. 56 education board of education or educational service center governing board G For position of business manager, treasurer, or superintendent of a 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 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. 103.05. (A) The director of the legislative service commission shall be the codifier of Am. Sub. H. B. No. 96 136th G.A. 57 the rules of the administrative agencies of the state. When In accordance with sections 149.21 to 149.27 of the Revised Code, the commission is the official publisher of the Ohio administrative code. (B) The director, considering the objectives of uniform codification and the principles of legal drafting, shall publish a rule drafting manual that states standards and procedures to be followed by an agency in drafting a rule that is to be codified into the administrative code. The director shall periodically revise and publish a new edition of the manual to maintain the uniformity of the administrative code. In preparing and updating the rule drafting manual, the director shall consider sections 1.31 and 1.41 to 1.59 of the Revised Code and apply the principles of statutory construction to rule drafting. The rule drafting manual shall prescribe and explain any matters the director determines are pertinent to the uniformity of the administrative code, including: (1) The rule numbering system an agency shall follow to codify a rule into the administrative code; (2) The structure of a rule, including: (a) The rule number; (b) The subject matter heading, the principal text, any appendices, and the supplemental information, including information with respect to the history of the rule; (c) A certification that the rule has been lawfully adopted; (d) The effective date, expiration date, and periodic five-year review date of the rule. (3) The standard format for drafting an amendment to an existing rule or an appendix if there is one, an enactment of a new rule or appendix, and a rescission of an existing rule or appendix. (C) When a rule is filed under section 111.15 or , 119.03, or 119.04 of the Revised Code, the director or the director's designee shall examine the rule. If the rule is not numbered or if the numbering of the rule is not in conformity with the system established by the director, the director shall give the rule its proper number by designating the proper number on the left hand margin of the rule. The number shall be the official administrative code number of the rule. Any number so assigned shall be published in any publication of the administrative code. Rules of the administrative code shall be cited and referred to by such official numbers. The legislative service commission shall, under section 111.15 of the Revised Code, adopt, amend, and rescind any rules that are necessary to provide a uniform administrative code; to provide standards for use by the director in determining whether to include in the administrative code the full text of, or a reference to, any rule filed with the commission; to permit the director to discharge the director's duties and exercise the director's powers as described in this section; and to permit the director to discharge the director's duties and exercise the director's powers with respect to establishing and maintaining, and enhancing and improving, the electronic rule-filing system under section 103.0511 of the Revised Code. When the commission adopts rules to provide standards for use by the director in determining whether to include the full text of, or a reference to, a rule in the administrative code, it Am. Sub. H. B. No. 96 136th G.A. 58 shall require the director to consider all of the following: (1) Whether the rule applies uniformly to all citizens of the state; (2) Whether the rule applies uniformly to all political subdivisions of the state; (3) Whether the rule affects the health, welfare, and safety of the citizens of the state; (4) Whether the rule applies only to the internal affairs of the agency adopting the rule; (5) The number of persons affected by the rule; (6) Whether the rule affects the statutory or constitutional rights of any person. The director or the director's designee shall accept any rule that is filed under section 111.15 or 119.04 of the Revised Code. If the director or the director's designee accepts a rule that is does not in compliance comply with the rules of the commissionthis section or the rule drafting manual, the director shall give notice of the noncompliance in electronic form to the agency that filed the rule within thirty days after the date on which the rule is filed. The notice shall indicate why the rule does not comply with the rules of the commission this section or the rule drafting manual and how the rule can be brought into compliance. The failure of the director to give an agency notice within the thirty-day period presumptively establishes that the rule complies with the rules of the commissionthis section and the rule drafting manual. (B)(D) Any person may publish an acceptable administrative code. The director shall approve as acceptable any person's publication of the code conforming to the requirements of this division. An Ohio administrative code approved as acceptable by the director shall: (1) Contain a compilation of the full text of, or a reference to, each rule filed under section 111.15 or 119.04 of the Revised Code; (2) Presumptively establish the rules of all agencies adopting rules under section 111.15 or Chapter 119. of the Revised Code that are in effect on the day of its initial publication; (3) Contain the full text of, or a reference to, each rule adopted after its initial publication and be updated at least quarterly; (4) Contain an index of the rules and references to rules that are included in the code and each supplement using terms easily understood by the general public; (5) Be published in electronic or print format following, to the extent possible, the subject matter arrangement of the Revised Code; (6) Be numbered according to the numbering system devised by the director. (C) The director may prepare and publish the code, or contract with any person under this division to prepare and publish the code. Any code published under this division shall include all of the requirements of division (B) of this section. In addition, the director shall furnish any code or supplement published under this division to any person who requests the code or supplement upon payment of a charge established by the director, not to exceed the cost of preparation and publication. Upon the request of the director of the legislative service commission under this division, the Am. Sub. H. B. No. 96 136th G.A. 59 director of administrative services, in accordance with the competitive selection procedure of Chapter 125. of the Revised Code, shall let a contract for the compilation, preparation, and printing or publication of the administrative code and supplements. Sec. 103.051. The "Register of Ohio" is an electronic publication that functions as a gazette to which members of the public may readily resort for notice of and information about rule-making processes. The director of the legislative service commission shall publish the register. The register is to include all rule-making documents that are required by statute to be published in the register. The director shall display the register free of charge on the internet, and shall ensure that printed copies of all or part of a document published in the register can be easily produced by users of the internet. The director, taking into consideration the public notice and information functions performed by the register, shall update the register at reasonable intervals, but not less often than weekly. The director shall establish a reasonable deadline before each updating. A document received by the director on or before a deadline is to be published in the register upon the register's next updating. The director shall purge a document from the register when its display no longer serves the public notice and information functions performed by the register. The director upon request of any person shall provide the person with a printed copy of all or part of a document published in the register. The director may charge and collect a fee for this service. Any such fee is not to exceed the actual cost of printing and delivering the printed copy to the person requesting it. The director shall deposit the fees into the state treasury to the credit of the register of Ohio fund. Sec. 103.13. The Ohio legislative service commission shall: (A) Conduct research, make investigations, and secure information or data on any subject and make reports thereon to the general assembly; (B) Ascertain facts and make reports concerning the state budget, the revenues and expenditures of the state, and of the organization and functions of the state, its departments, subdivisions, and agencies; (C) Make surveys, investigations, and studies, and compile data, information, and records on any question which may be referred to it by either house of the general assembly or any standing committee of the general assembly; (D) Assist and cooperate with any interim legislative committee or other agency created by the general assembly; (E) Prepare or advise in the preparation of any bill or resolution, when requested by any member of the general assembly; (F) Collect, classify, and index the documents of the state which shall include executive and legislative documents and departmental reports and keep on file all bills, resolutions, and official journals printed by order of either house of the general assembly; (G) Provide members of the general assembly with impartial and accurate information and Am. Sub. H. B. No. 96 136th G.A. 60 reports concerning legislative problems in accordance with rules prescribed by the commission; (H) Annually collect the reports required by section 4743.01 of the Revised Code and prepare a report evaluating the extent to which state boards and commissions which regulate occupations are financially self-supporting. The report shall be presented to the speaker and the minority leader of the house of representatives, the president and the minority leader of the senate, and the chairperson and ranking minority member of the finance committees of both houses, on or before the thirty-first day of December each year. (I) Codify the rules of administrative agencies of the state in accordance with the provisions of section 103.05 of the Revised Code; (J) Publish the register of Ohio under section 103.051 of the Revised Code; (K) Operate the electronic rule-filing system under section 103.0511 of the Revised Code; (L) Assist the standing committees of the house of representatives and the senate that primarily consider legislation governing the medicaid program, to carry out continuing oversight and other duties regarding the state's medicaid program enumerated under sections 103.41 to 103.412 of the Revised Code. Sec. 103.41. The standing committees of the house of representatives and the senate that primarily consider legislation governing the medicaid program shall meet jointly during each session of the general assembly to oversee the medicaid program on a continuing basis. In odd numbered years, the standing committees shall meet jointly at the call of the chairperson of the senate committee that considers the medicaid program. In even numbered years, the standing committees shall meet jointly at the call of the chairperson of the house of representatives committee that considers the medicaid program. Sec. 103.412 103.411. (A) JMOC shall oversee the medicaid program on a continuing basis. As part of its oversight, JMOC To assist the standing committees overseeing the medicaid program as provided in section 103.41 of the Revised Code, the legislative service commission shall do all of the research, review, and summarize the following to the joint standing committees on request of the chairperson who calls the meeting: (1) Review how (A) How the medicaid program relates to the public and private provision of health care coverage in this state and the United States; (2) Review the reforms implemented under section 5162.70 of the Revised Code and evaluate the reforms' successes in achieving their objectives(B) Reports issued by all agencies that participate in the medicaid program that are submitted to the commission; (3) Recommend policies (C) Policies and strategies related to encourage both of the following: (a) (1) Medicaid recipients being physically and mentally able to join and stay in the workforce and ultimately becoming self-sufficient; (b) (2) Less use of the medicaid program. (4) Recommend, to the extent JMOC determines appropriate, improvements in statutes and Am. Sub. H. B. No. 96 136th G.A. 61 (D) Newly-adopted rules concerning the medicaid program; (5) Develop a plan of action for the future of the medicaid program(E) Pending Ohio medicaid legislation; (6) Receive and consider reports submitted by local (F) Medicaid legislation and innovations in other states; (G) Local healthier buckeye councils reports submitted under section 355.04 of the Revised Code. (B) JMOC may do all of the following: (1) Plan, advertise, organize, and conduct forums, conferences, and other meetings at which representatives of state agencies and other individuals having expertise in the medicaid program may participate to increase knowledge and understanding of, and to develop and propose improvements in, the medicaid program; (2) Prepare and issue reports on the medicaid program; (3) Solicit written comments on, and conduct public hearings at which persons may offer verbal comments on, drafts of its reports. Sec. 103.414 103.412. (A) Before the beginning of each fiscal biennium, JMOC the legislative service commission shall contract with an actuary to determine the projected medical inflation rate for the upcoming fiscal biennium. The contract shall require the actuary to make the determination using the same types of classifications and sub-classifications of medical care that the United States bureau of labor statistics uses in determining the inflation rate for medical care in the consumer price index. The contract also shall require the actuary to provide JMOC the commission a report with its determination at least one hundred twenty days before the governor is required to submit a state budget for the fiscal biennium to the general assembly under section 107.03 of the Revised Code. (B) On receipt of the actuary's report, JMOC the commission shall share the report with the standing committees overseeing the medicaid program under section 103.41 of the Revised Code. The standing committees, acting jointly, shall determine whether it agrees they agree with the actuary's projected medical inflation rate. If JMOC disagrees they disagree with the actuary's projected medical inflation rate, JMOC shall the standing committees shall work with the commission to determine a different projected medical inflation rate for the upcoming fiscal biennium. The actuary, the commission, and, if JMOC determines a different projected medical inflation rate, JMOC standing committees shall determine the projected medical inflation rate for the state unless that is not practicable in which case the determination shall be made for the midwest region. Regardless of whether it agrees with the actuary's projected medical inflation rate or determines a different projected medical inflation rate, JMOC shall complete a report regarding the projected medical inflation rate. JMOC shall include a copy of the actuary's report in JMOC's report. Am. Sub. H. B. No. 96 136th G.A. 62 JMOC's report shall state whether JMOC agrees with the actuary's projected medical inflation rate and, if JMOC disagrees, the reason why JMOC disagrees and the different medical inflation rate JMOC determined. At least ninety days before the governor is required to submit a state budget for the upcoming fiscal biennium to the general assembly under section 107.03 of the Revised Code, JMOC shall submit a copy of the report to the general assembly in accordance with section 101.68 of the Revised Code and to the governor and medicaid director. (C) At least ninety days before the governor is required to submit a state budget for the upcoming fiscal biennium to the general assembly under section 107.03 of the Revised Code, the commission shall submit a report to the governor, medicaid director, and the standing committees that includes the following information: (1) The projected medical inflation rate, whether the standing committees recommend the actuary's rate or the alternate rate recommended by the standing committees; (2) If the standing committees recommend an alternate rate, an explanation for rejecting the actuary's rate; (3) A copy of the actuary's report. Sec. 103.65. (A) There is hereby created the Ohio health oversight and advisory committee. The committee shall consist of the following members: (1) Three members of the senate appointed by the president of the senate, two of whom are members of the majority party and one of whom is a member of the minority party; (2) Three members of the house of representatives appointed by the speaker of the house of representatives, two of whom are members of the majority party and one of whom is a member of the minority party. (B) The president and speaker shall make the initial appointments to the committee not later than fifteen calendar days after June 23, 2021. The president and speaker shall make subsequent appointments not later than forty-five calendar days after the commencement of the first regular session of each general assembly. Members of the committee shall serve on the committee until appointments are made in the first regular session of the following general assembly, until a member no longer serves as a member of the chamber from which the member was initially appointed, or until a member is removed by the speaker or president. No committee member shall be removed during the member's term during a state of emergency as defined in section 107.42 of the Revised Code, unless an extraordinary circumstance exists that prevents a member from serving on the committee. A vacancy on the committee shall be filled in the same manner as the original appointment. (C) In odd-numbered years, the president shall designate one committee member from the senate who is a member of the majority party as the committee chairperson, and the speaker shall designate one committee member from the house who is a member of the majority party as the committee vice-chairperson and one committee member from the house who is a member of the minority party as the committee ranking minority member. In even-numbered years, the speaker Am. Sub. H. B. No. 96 136th G.A. 63 shall designate one committee member from the house who is a member of the majority party as the committee chairperson, and the president shall designate one committee member from the senate who is a member of the majority party as the committee vice-chairperson and one committee member from the senate who is a member of the minority party as the committee ranking minority member. (D) In appointing members from the minority party, and in designating ranking minority members, the president and speaker shall consult with the minority leader of their respective houses. (E) The Ohio health oversight and advisory committee shall meet at the call of the chairperson. (F) The executive director and other employees of the joint medicaid oversight committee legislative service commission shall serve provide staff services to the Ohio health oversight and advisory committee to enable the committee to successfully and efficiently perform its duties. Sec. 106.02. Except as provided in section 106.026 of the Revised Code, all of the following apply to a proposed rule: (A) Subject to division (B) of this section, when an agency files a proposed rule and rule summary and fiscal analysis with the joint committee on agency rule review, the joint committee shall review the proposed rule and rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the sixty-fifth day after the day on which the proposed rule was filed with the joint committee. If, after filing the original version of a proposed rule, the agency makes a revision in the proposed rule, the agency shall file the revised proposed rule and a revised rule summary and fiscal analysis with the joint committee. If the revised proposed rule is filed thirty- five or fewer days after the original version of the proposed rule was filed, the joint committee shall review the revised proposed rule and revised rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the sixty-fifth day after the original version of the proposed rule was filed. If, however, the revised proposed rule is filed more than thirty-five days after the original version of the proposed rule was filed, the joint committee shall review the revised proposed rule and revised rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the thirtieth day after the revised proposed rule was filed with the joint committee. (B) If, after filing a proposed rule and rule summary and fiscal analysis with the joint committee, an agency determines that it needs additional time to consider the proposed rule and possibly file a revised proposed rule, the agency may notify the joint committee of the agency's intention to file a revised proposed rule. When the agency notifies the joint committee of its intention to file a revised proposed rule, the running of the time within which an invalidating concurrent resolution may be adopted is tolled. If, after notifying the joint committee of the agency's intention to file a revised proposed rule, the agency makes a revision in the proposed rule, the agency shall file the revised proposed rule and a revised rule summary and fiscal analysis with the joint committee. If the revised proposed rule Am. Sub. H. B. No. 96 136th G.A. 64 is filed thirty-five or fewer days after the agency filed the original version of the proposed rule, the joint committee shall review the revised proposed rule and revised rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the sixty-fifth day after the agency filed the original version of the proposed rule. If, however, the revised proposed rule is filed more than thirty-five days after the agency filed the original version of the proposed rule, the joint committee shall review the revised proposed rule and revised rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the thirtieth day after the revised proposed rule is filed with the joint committee. (C) When an original or revised version of a proposed rule and rule summary and fiscal analysis is filed with the joint committee in December or in the following January before the first day of the legislative session, the joint committee shall review the proposed rule and rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, as if the original version of the proposed rule and rule summary and fiscal analysis had been filed with the joint committee on the first day of the legislative session in the following January. If, however, the original version of a proposed rule and rule summary and fiscal analysis have been pending before the joint committee for more than thirty-five days, and the proposed rule and rule summary and fiscal analysis are revised in December or in the following January before the first day of the legislative session, the joint committee shall review the revised proposed rule and revised rule summary and fiscal analysis, and an invalidating concurrent resolution may be adopted, not later than the thirtieth day after the first day of the legislative session in the following January. (D) A revised proposed rule supersedes each earlier version of the same proposed rule. (E) The joint committee shall endeavor not to hold its public hearing on a proposed rule earlier than the forty-first day after the proposed rule was filed with the joint committee. The chairperson of the joint committee responsible for calling and conducting meetings under section 101.35 of the Revised Code may select a date for the committee's public hearing on a proposed rule that is earlier than the forty-first day after the proposed rule was filed. Sec. 106.021. If, upon reviewing a proposed rule or revised proposed rule, the joint committee on agency rule review makes any of the following findings with regard to the proposed rule or revised proposed rule, the joint committee may recommend to the senate and house of representatives the adoption of a concurrent resolution to invalidate the proposed rule or revised proposed rule or a part thereof: (A) The proposed rule or revised proposed rule exceeds the scope of its statutory authority. (B) The proposed rule or revised proposed rule conflicts with the legislative intent of the statute under which it was proposed. (C) The proposed rule or revised proposed rule conflicts with another proposed or existing rule. (D) The proposed rule or revised proposed rule incorporates a text or other material by reference and: Am. Sub. H. B. No. 96 136th G.A. 65 (1) The accompanying citation is not such as reasonably would enable a reasonable person to whom the proposed rule or revised proposed rule applies readily and without charge to find and inspect the incorporated text or other material; (2) The accompanying citation is not such as reasonably would enable the joint committee readily and without charge to find and inspect the incorporated text or other material, and the agency did not file or otherwise make the incorporated text or other material available without charge to the joint committee; or (3) The agency has treated the proposed rule or revised proposed rule in whole or in part as exempt from sections 121.71 to 121.74 of the Revised Code on grounds the incorporated text or other material has one or more of the characteristics described in division (B) of section 121.75 of the Revised Code, but the incorporated text or other material actually does not have any of those characteristics. (E) The agency has failed to prepare a complete and accurate rule summary and fiscal analysis of the proposed rule or revised proposed rule as required by section 106.024 of the Revised Code. (F) The agency has failed to demonstrate through the business impact analysis, recommendations from the common sense initiative office, and the memorandum of response that the regulatory intent of the proposed rule or revised proposed rule justifies its adverse impact on businesses in this state. (G) If the state agency is subject to sections 121.95, 121.951, 121.952, and 121.953 of the Revised Code, the agency has failed to justify the proposed adoption, amendment, or rescission of a rule containing a regulatory restriction. (H) The proposed rule or revised proposed rule implements a federal law or rule in a manner that is more stringent or burdensome than the federal law or rule requires. (I) If the state agency is subject to sections 121.95, 121.951, 121.952, and 121.953 of the Revised Code, for purposes of those sections, the proposed rule or revised proposed rule removes or replaces "shall," "must," "require," "shall not," "may not," "prohibit," or similar words in a portion of a rule but does not remove a regulatory restriction as defined in section 121.95 of the Revised Code. (J) The proposed rule or revised proposed rule is subject to section 106.025 of the Revised Code, and the joint committee has complied with division (B) of that section. Sec. 106.023. (A) An agency may not adopt a proposed rule or revised proposed rule or file it in final form unless the proposed rule has been filed with the joint committee on agency rule review under division (D) of section 111.15 or division (C) of section 119.03 of the Revised Code and the one of the following applies: (1) The time for the joint committee to review the proposed rule and for the adoption of an invalidating concurrent resolution has expired without adoption of a concurrent resolution to invalidate the proposed rule; (2) The rule or revised proposed rule is subject to section 106.026 of the Revised Code, and Am. Sub. H. B. No. 96 136th G.A. 66 a law authorizing its adoption has been enacted in accordance with Ohio Constitution, Article II, Sections 15 and 16. (B) If, before the time for its review of a proposed rule or revised proposed rule expires, the joint committee recommends adoption of a concurrent resolution invalidating the proposed rule or revised proposed rule, and the senate and house of representatives does not, within the time remaining for adoption of the concurrent resolution, hold five sessions at which its journal records a roll call vote disclosing a sufficient number of members in attendance to pass a bill, the time within which that house may adopt the concurrent resolution is extended until it has held five such sessions. Sec. 106.024. (A) As used in this section: (1) "Agency" has the meaning defined in section 106.01 of the Revised Code. (2) "Rule" includes the adoption, amendment, or rescission of a rule. (3) "Proposed rule" means the original version of a proposed rule, and each revised version of the same proposed rule, that is filed with the joint committee on agency rule review under division (D) of section 111.15 or division (C) of section 119.03 of the Revised Code. (B) An agency shall prepare, on the form designed by the joint committee on agency rule review, a complete and accurate rule summary and fiscal analysis of each proposed rule that it files under division (D) of section 111.15 or division (C) of section 119.03 of the Revised Code. The joint committee on agency rule review shall design a form for the rule summary and fiscal analysis. In the form, the joint committee shall include a space where an agency shall explain the reasoning for any proposed rescission of a rule, including a statement as to whether the agency intends to continue relying on a principle of law or policy stated in the rule when conducting adjudications or other determinations of rights and liabilities or in issuing writings and other materials. The form also may solicit information such as the following information: (1) The name, address, and telephone number of the agency, and the name, telephone number, and electronic mail address of an individual or office within the agency designated by that agency to be responsible for coordinating and making available information in the possession of the agency regarding the proposed rule; (2) The Ohio Administrative Code rule number of the proposed rule; (3) A brief summary of, and the legal basis for, the proposed rule, including citations identifying the statute that prescribes the procedure in accordance with which the agency is required to adopt the proposed rule, the statute that authorizes the agency to adopt the proposed rule, and the statute that the agency intends to amplify or implement by adopting the proposed rule; (4) An estimate, in dollars, of the amount by which the proposed rule would increase or decrease revenues or expenditures during the current biennium; (5) A citation identifying the appropriation that authorizes each expenditure that would be necessitated by the proposed rule; (6) A summary of the estimated cost of compliance with the rule to all directly affected Am. Sub. H. B. No. 96 136th G.A. 67 persons; (7) The reasons why the rule is being proposed; (8) If the rule has a fiscal effect on school districts, counties, townships, or municipal corporations, an estimate in dollars of the cost of compliance with the rule, or, if dollar amounts cannot be determined, a written explanation of why it was not possible to ascertain dollar amounts; (9) If the rule has a fiscal effect on school districts, counties, townships, or municipal corporations and is the result of a federal requirement, a clear explanation that the proposed state rule does not exceed the scope and intent of the requirement, or, if the state rule does exceed the minimum necessary federal requirement, a justification of the excess cost, and an estimate of the costs, including those costs for local governments, exceeding the federal requirement; (10) If the rule has a fiscal effect on school districts, counties, townships, or municipal corporations, a comprehensive cost estimate that includes the procedure and method of calculating the costs of compliance and identifies major cost categories including personnel costs, new equipment or other capital costs, operating costs, and indirect central service costs related to the rule. The fiscal analysis shall also include a written explanation of the agency's and the affected local government's ability to pay for the new requirements and a statement of any impact the rule will have on economic development. (11) If the rule incorporates a text or other material by reference, and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code on grounds the incorporated text or other material has one or more of the characteristics described in division (B) of section 121.75 of the Revised Code, an explanation of how the incorporated text or other material is exempted under that division; (12) If the rule imposes a fee, an explanation of how the fee directly relates to the cost actually incurred by the agency in performing the function for which the fee is charged. The rule summary and fiscal analysis form, instead of or in addition to the foregoing, may solicit any other information the joint committee on agency rule review considers necessary to make the proposed rule or the fiscal effect of the proposed rule fully understandable. (C) The agency shall file the rule summary and fiscal analysis in electronic form along with the proposed rule that it files under division (D) of section 111.15 or divisions (B) and (C) of section 119.03 of the Revised Code. The joint committee on agency rule review shall not accept any proposed rule for filing unless a copy of the rule summary and fiscal analysis of the proposed rule, completely and accurately prepared, is filed along with the proposed rule. (D) The joint committee on agency rule review shall review the fiscal effect of each proposed rule that is filed under division (D) of section 111.15 or division (C) of section 119.03 of the Revised Code. Sec. 106.025. (A) Except as provided in division (C) of this section, on reviewing a proposed rule or revised proposed rule, the joint committee on agency rule review may proceed in accordance with division (B) of this section if it makes any of the following findings with respect to the rule's Am. Sub. H. B. No. 96 136th G.A. 68 summary and fiscal analysis: (1) The proposed rule or revised proposed rule will increase the agency's expenditures during the current biennium by one hundred thousand dollars or more. (2) The cost to comply with the proposed rule or revised proposed rule for a directly affected person will be one hundred thousand dollars or more. (3) The proposed rule or revised proposed rule will impose an annual effect on this state's economy of one million dollars or more. (B) If the joint committee makes one or more of the findings listed in division (A) of this section, the chairperson of the joint committee responsible for calling and conducting meetings under section 101.35 of the Revised Code may request a designee of the filing agency to appear before the joint committee to answer questions about the fiscal effect of the proposed rule or revised proposed rule. The request shall be transmitted to the agency electronically and specify the time and place at which a designee is to appear before the joint committee to answer the joint committee's questions. On receiving the request, the agency shall designate a suitable agency officer or employee to appear on behalf of the agency before the joint committee as directed in the request. The agency electronically shall notify the joint committee of the name, title, telephone number, and electronic mail address of the officer or employee who has been designated to appear before the joint committee in response to the request. After the appearance has concluded, or if the agency designee fails to appear, the joint committee may do any of the following: (1) Allow the time for legislative review to expire; (2) Recommend the adoption of a concurrent resolution to invalidate the proposed rule under section 106.021 of the Revised Code; (3) By vote of a majority of its members, refer the rule for consideration by the full general assembly in accordance with section 106.026 of the Revised Code. (C) This section does not apply to a proposed rule or revised proposed rule if the rule is based on specific statutory language authorizing or requiring an agency to adopt the rule as opposed to a general grant of authority to adopt rules implementing a law. Sec. 106.026. (A) This section applies to a proposed rule or revised proposed rule that the joint committee on agency rule review has, in accordance with section 106.025 of the Revised Code, referred for consideration by the full general assembly. (B) If a proposed rule or revised proposed rule is subject to this section, the chairperson of the joint committee on agency rule review responsible for calling and conducting meetings under section 101.35 of the Revised Code shall immediately transmit the proposed rule or revised proposed rule and rule summary and fiscal analysis to the clerk of the senate and the clerk of the house of representatives. After the chairperson of the joint committee transmits the rule and rule summary and fiscal analysis under this division, all of the following apply: Am. Sub. H. B. No. 96 136th G.A. 69 (1) The joint committee shall take no further action with respect to the proposed rule until after it is adopted or refiled in accordance with division (D) of this section. (2) The agency shall not file a revised proposed version of the rule. (3) The agency shall not adopt the proposed rule unless adoption is authorized by a law enacted in accordance with Ohio Constitution, Article II, Sections 15 and 16 after the chairperson transmits the rule and rule summary and fiscal analysis under this division. (C) As soon as practicable after receiving a proposed rule or revised proposed rule transmitted under division (B) of this section: (1) The clerk of the senate shall make the proposed rule or revised proposed rule and rule summary and fiscal analysis available to all members of the senate; and (2) The clerk of the house of representatives shall make the proposed rule or revised proposed rule and rule summary and fiscal analysis available to all members of the house of representatives. Any member of the general assembly may introduce legislation authorizing the agency to adopt the proposed rule or revised proposed rule. (D) If a law authorizing the proposed rule or revised proposed rule is enacted before the general assembly adjourns sine die, legislative review under this chapter ends and the agency may, on or after the law's effective date, file the rule in compliance with section 111.15 or 119.04 of the Revised Code, as applicable. If a law authorizing the rule is not enacted before the general assembly adjourns sine die, the proposed rule or revised proposed rule is invalidated. The agency may refile the rule and rule summary and fiscal analysis with the joint committee. (E) This section does not apply to any rule that is exempt from legislative review under division (D) of section 111.15 of the Revised Code or division (C) of section 119.03 of the Revised Code. (F) The enactment of a law in accordance with Ohio Constitution, Article II, Sections 15 and 16, authorizing an agency to adopt a proposed rule or revised proposed rule to which this section applies, does not do either of the following: (1) Grant an agency additional rulemaking authority or modify the agency's existing rulemaking authority; (2) Extinguish or modify any claim against an agency arising from the rule. (G) The enactment of a law in accordance with Ohio Constitution, Article II, Sections 15 and 16, authorizing an agency to adopt a proposed rule or revised proposed rule to which this section applies, shall not be used as evidence in any proceeding concerning the rule except for the purpose of determining whether the rule is in effect. Sec. 106.031. If an agency, on the basis of its review of a rule under section 106.03 of the Revised Code, determines that the rule does not need to be amended or rescinded, proceedings shall be had as follows: (A)(1) If, considering only the standard of review specified in division (A)(7) of section Am. Sub. H. B. No. 96 136th G.A. 70 106.03 of the Revised Code, the rule has an adverse impact on businesses, the agency shall prepare a business impact analysis that describes its review of the rule under that division and that explains why the regulatory intent of the rule justifies its adverse impact on businesses. If the rule does not have an adverse impact on businesses, the agency may proceed under division (B) of this section. (2) The agency shall transmit a copy of the full text of the rule and the business impact analysis electronically to the common sense initiative office. The office shall make the rule and analysis available to the public on its web site under section 107.62 of the Revised Code. (3) The agency shall consider any recommendations made by the office. (4) Not earlier than the sixteenth business day after transmitting the rule and analysis to the office, the agency shall either (a) proceed under divisions (A)(5) and (B) of this section or (b) commence, under division (B)(1) of section 106.03 of the Revised Code, the process of rescinding the rule or of amending the rule to incorporate into the rule features the recommendations suggest will eliminate or reduce the adverse impact the rule has on businesses. If the agency determines to amend or rescind the rule, the agency is not subject to the time limit specified in division (B)(1) of section 106.03 of the Revised Code. (5) If the agency receives recommendations from the office, and determines not to amend or rescind the rule, the agency shall prepare a memorandum of response that explains why the rule is not being rescinded or why the recommendations are not being incorporated into the rule. (B) The agency shall assign a new review date to the rule. The review date assigned shall be not later than five years after the immediately preceding review date pertaining to the rule. If the agency assigns a review date that exceeds the five-year maximum, the review date is five years after the immediately preceding review date. The immediately preceding review date includes the date of the review of a rule under section 106.032 of the Revised Code. (C) The agency shall file all the following, in electronic form, with the joint committee on agency rule review, the secretary of state, and the director of the legislative service commission: a copy of the rule specifying its new review date, a complete and accurate rule summary and fiscal analysis, and, if relevant, a business impact analysis of the rule, any recommendations received from the common sense initiative office, and any memorandum of response. (D) The joint committee shall publish notice of the agency's determination not to amend or rescind the rule in the register of Ohio for four consecutive weeks after the rule is filed under division (C) of this section. (E) During the ninety-day period after a rule is filed under division (C) of this section, but after the four-week notice period required by division (D) of this section has ended, the joint committee may recommend to the senate and house of representatives the adoption of a concurrent resolution invalidating the rule if the joint committee finds any of the following: (1) The agency improperly applied the standards in division (A) of section 106.03 of the Revised Code in reviewing the rule and in determining that the rule did not need amendment or rescission. Am. Sub. H. B. No. 96 136th G.A. 71 (2) The rule has an adverse impact on businesses, and the agency has failed to demonstrate through a business impact analysis, recommendations from the common sense initiative office, and a memorandum of response that the regulatory intent of the rule justifies its adverse impact on businesses. (3) If the rule incorporates a text or other material by reference, any of the following applies: (a) The citation accompanying the incorporation by reference is not such as reasonably would enable a reasonable person to whom the rule applies readily and without charge to find and inspect the incorporated text or other material; (b) The citation accompanying the incorporation by reference is not such as reasonably would enable the joint committee readily and without charge to find and inspect the incorporated text or other material; or (c) The rule has been exempted in whole or in part from sections 121.71 to 121.74 of the Revised Code on grounds the incorporated text or other material has one or more of the characteristics described in division (B) of section 121.75 of the Revised Code, but the incorporated text or other material actually does not have any of those characteristics. (4) If the agency is subject to sections 121.95, 121.951, 121.952, and 121.953 of the Revised Code, the agency has failed to justify the retention of a rule containing a regulatory restriction. (5) The rule implements a federal law or rule in a manner that is more stringent or burdensome than the federal law or rule requires. (F) If the agency fails to comply with section 106.03 or 106.031 of the Revised Code, the joint committee shall afford the agency an opportunity to appear before the joint committee to show cause why the agency has not complied with either or both of those sections. If the agency appears before the joint committee at the time scheduled for the agency to show cause, and fails to do so, the joint committee, by vote of a majority of its members present, may recommend the adoption of a concurrent resolution invalidating the rule for the agency's failure to show cause. Or if the agency fails to appear before the joint committee at the time scheduled for the agency to show cause, the joint committee, by vote of a majority of its members present, may recommend adoption of a concurrent resolution invalidating the rule for the agency's default. (G)(1) When the joint committee recommends that a rule be invalidated for the agency's failure to show cause at an appearance before the joint committee, the recommendation does not suspend operation of the rule, and the rule remains operational pending action by the senate and house of representatives on the concurrent resolution embodying the recommendation. If the senate and house of representatives adopt the concurrent resolution, the rule is invalid. If, however, the senate and house of representatives do not adopt the resolution, the rule continues in effect, and shall next be reviewed according to the new review date assigned to the rule. (2) When the joint committee recommends that a rule be invalidated for the agency's failure to appear before the joint committee, the recommendation does not suspend operation of the rule, and the rule remains operational pending action by the senate and house of representatives on the Am. Sub. H. B. No. 96 136th G.A. 72 concurrent resolution embodying the recommendation. If the senate and house of representatives adopt the concurrent resolution, the rule is invalid. If, however, the senate and house of representatives do not adopt the resolution, the rule expires in accordance with section 106.033 of the Revised Code. Sec. 106.033. Notwithstanding any provision of section 106.031 of the Revised Code to the contrary, if an agency fails to perform a review of an existing rule in accordance with section 106.03 of the Revised Code for one year after the rule's review date, the rule is invalid. The agency shall cease enforcing the rule and shall not rely on a principle of law or policy stated in the rule when conducting adjudications or other determinations of rights and liabilities or in issuing writings and other materials. The agency may institute rulemaking proceedings with regard to a rule that is invalid under this section. 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; (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 Am. Sub. H. B. No. 96 136th G.A. 73 actual expenses by source of funds during each fiscal year of the 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) The most recent report prepared by the department of taxation under section 5703.48 of the Revised Code, which shall be submitted to the general assembly as an appendix to the governor's budget; (7) The 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; (8) The medicaid caseload and expenditure forecast report prepared by the office of budget and management, in consultation with the department of medicaid, under section 126.021 of the Revised Code. The report shall be submitted to the general assembly as a supplemental budget document to provide an in-depth analysis of the governor's budget recommendations for the medicaid budget as a whole and for each of the major medicaid appropriation items. The report shall clearly distinguish a proposed policy change from continuing law or administrative policy and indicate whether the data used throughout the report is proposed, estimated, or actual data for the current or proposed budget biennium. At a minimum, the report shall delineate a part-to-whole mapping of the state and federal shares of the general revenue fund appropriation item 651525, medicaid health care services, or any other equivalent general revenue fund appropriation item, by eligibility group and subgroup, service delivery system, delivery system, medicaid provider, and program. (E) The governor shall not submit to the general assembly a state budget that suspends the operation of section 131.44 of the Revised Code for the fiscal year immediately prior to the biennium covered by the budget resulting in a beginning cash balance for the general revenue fund for the biennium covered by the budget that is greater than the ending fund balance required by section 131.44 of the Revised Code, excluding any encumbered funds that are to be disbursed in the biennium covered by the budget. Am. Sub. H. B. No. 96 136th G.A. 74 Sec. 107.032. As used in sections 107.033 to 107.035 of the Revised Code: (A) "Aggregate general revenue fund appropriations" means all appropriations made by the general assembly either directly from the general revenue fund appropriations made by the general assembly or indirectly from any nongeneral revenue fund supported by cash transfers from the general revenue fund except for the following: (1) Appropriations of money received from the federal government; (2) Appropriations made for tax relief or refunds of taxes and other overpayments; (3) Appropriations of money received as gifts. (B) "Rate of inflation" means the percentage increase or decrease in the consumer price index over a one-year period, based on the most recent consumer price index for all urban consumers, midwest region, all items, as determined by the bureau of labor statistics of the United States department of labor or, if that index is no longer published, a generally available comparable index. (C) "Rate of population change" means the percentage increase or decrease in the population of this state over a one-year period, based on the most recent population data available for the state published by the bureau of the census of the United States department of commerce, or its successor in responsibility, in the population estimates program, or its successive equivalent. (D) "Recast fiscal year" means fiscal years 2012, 2016, 2020, and each fourth fiscal year thereafter. Sec. 107.033. As part of the state budget the governor submits to the general assembly under section 107.03 of the Revised Code, the governor shall include the state appropriation limitations the general assembly shall not exceed when making aggregate general revenue fund appropriations for each respective fiscal year of the biennium covered by that budget. The aggregate general revenue fund appropriations the governor proposes in the state budget also shall not exceed those limitations for each respective fiscal year of the biennium covered by that budget. As part of this submission, the governor shall identify all nongeneral revenue fund appropriation line items that are subject to the state appropriation limitation for the current fiscal year. If the governor decides to continue funding any of those nongeneral revenue fund line items, the governor shall, to the greatest extent possible, propose funding for those nongeneral revenue fund line items from the general revenue fund for each respective fiscal year of the biennium covered by that budget. Also as part of this submission, the governor shall include a table listing any remaining nongeneral revenue fund appropriation line items that are subject to the state appropriation limitation for the current fiscal year and for each respective fiscal year of the biennium covered by that budget. (A) For fiscal year 2008, the state appropriation limitation is the sum of the following: (1) The aggregate general revenue fund appropriations for fiscal year 2007; plus (2) The aggregate general revenue fund appropriations for fiscal year 2007 multiplied by either three and one-half per cent, or the sum of the rate of inflation plus the rate of population change, whichever is greater. Am. Sub. H. B. No. 96 136th G.A. 75 (B) For each fiscal year thereafter that is not a recast fiscal year, the state appropriation limitation is the sum of the following: (1) The state appropriation limitation for the previous fiscal year; plus (2) The state appropriation limitation for the previous fiscal year multiplied by either three and one-half per cent, or the sum of the rate of inflation plus the rate of population change, whichever is greater. (C)(B) For each recast fiscal year, the state appropriation limitation is the sum of the following: (1) The aggregate general revenue fund appropriations for the previous fiscal year; plus (2) The aggregate general revenue fund appropriations for the previous fiscal year multiplied by either three and one-half per cent, or the sum of the rate of inflation plus the rate of population change, whichever is greater. (D)(C) The state appropriation limitation for a fiscal year shall be increased by the amount of a nongeneral revenue fund appropriation made in the immediately preceding fiscal year, if all of the following apply to the nongeneral revenue fund appropriation: (1) It was made on or after July 1, 2013. (2) It is included in the aggregate general revenue fund appropriations proposed for that fiscal year. (3) It is being made for the first time from the general revenue fund. (D) The main operating appropriations act shall contain a list of all nongeneral revenue fund appropriation line items subject to the state appropriation limitations under this section. Sec. 107.034. For the purpose of calculations made on and after the effective date of this section, any tax revenue credited to the general revenue fund under section 113.09 of the Revised Code any time during fiscal years 2026 and 2027 shall be considered a general revenue fund tax source to fund general revenue fund appropriations for each succeeding fiscal year with respect to the determination of the state appropriation limitations under section 107.033 of the Revised Code, even if that tax revenue is subsequently credited to a nongeneral revenue fund account. An appropriation made from that nongeneral revenue fund account shall be considered as if it were made from the general revenue fund. Sec. 107.12. (A) As used in this section, "organization" means a faith-based or other organization 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. 1, as amended, and provides charitable services to needy residents of this state. (B) There is hereby established within the office of the governor the governor's office of faith-based and community initiatives. The office shall: (1) Serve as a clearinghouse of information on federal, state, and local funding for charitable services performed by organizations; (2) Encourage organizations to seek public funding for their charitable services; Am. Sub. H. B. No. 96 136th G.A. 76 (3) Assist local, state, and federal agencies in coordinating their activities to secure maximum use of funds and efforts that benefit people receiving charitable services from organizations; (4) Advise the governor, general assembly, and the advisory board of the governor's office of faith-based and community initiatives on the barriers that exist to collaboration between organizations and governmental entities and on ways to remove the barriers. (C) The governor shall appoint an executive director and such other staff as may be necessary to manage the office and perform or oversee the performance of the duties of the office. Within sixty days after being appointed, and every twelve months thereafter, the executive director shall distribute to the advisory board and review with the board a strategic plan. The executive director shall report to the board at least quarterly on proposed initiatives and policies. A report shall include the condition of the budget and the finances of the office. (D)(1) There is hereby created the advisory board of the governor's office of faith-based and community initiatives. The board shall consist of the following members: (a) Four individuals appointed by the governor; (b) One member of the house of representatives appointed by the speaker of the house of representatives; (c) One member of the senate appointed by the president of the senate; (d) Two individuals to represent the faith-based and other nonprofit community, one appointed by the speaker of the house of representatives, and one appointed by the president of the senate. (2) Members of the house of representatives and of the senate who are appointed to serve on the advisory board shall serve on the board for the duration of the general assembly during which they were appointed. Terms of the office for all other members of the advisory board shall be one year. Any vacancy that occurs on the board shall be filled in the same manner as the original appointment. (3) Members of the board are not entitled to compensation, but public members appointed by the governor, the speaker of the house of representatives, and the president of the senate shall be reimbursed for their actual and necessary expenses that are incurred in relation to board meetings. (4) The board shall be presided over by a chairperson and a vice-chairperson, who shall be the members of the board who are also members of the house of representatives or the senate. Annually on the first day of January, the chairpersonship and vice-chairpersonship shall alternate between the members of the house of representatives and the senate. The member of the senate shall be the chairperson during the first regular session of a general assembly and the member of the house of representatives shall be the chairperson during the second regular session of the general assembly. (E) The board shall have the following duties: (1) Provide direction, guidance, and oversight to the office; Am. Sub. H. B. No. 96 136th G.A. 77 (2) Assist in the dissemination of information about, and in the stimulation of public awareness of, the service programs supported by the office; (3) Review the budget and finances of the office, proposed initiatives and policies, and the executive director's annual strategic plan at board meetings; (4) Provide feedback for and proposed modifications of the executive director's strategic plan. Within forty-five days after submitting a strategic plan, the executive director shall contact each advisory board member to obtain feedback. With the approval of the advisory board chairperson, the executive director shall lead a strategic plan discussion at the first board meeting following the distribution of the strategic plan. (5) Publish a report of its activities and accomplishments on or before the first day of August of each year, and deliver copies of the report to the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate. (F) No member of the board or organization that the member is affiliated or involved with is eligible to receive any grant that the office administers or assists in administering. 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, 107.13, and 3517.152 to 3517.157 3517.14 to 3517.18 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. 103.73 109.39. (A) The correctional institution inspection committee shall do all of the following: (1) Subject to division (C) of this section, establish There is, as a section within the office of the attorney general, an office of correctional facility inspection services. The office shall establish and maintain a continuing program of inspection of each state correctional institution used for the custody, control, training, and rehabilitation of persons convicted of crime and of each private correctional facility. Subject to division (C) of this section, the committee may inspect ; any local correctional institution used for the same purposes; and any youth services facility. Subject to division (C) of this section, the committee, and each member of the committee, for the purpose of making an inspection pursuant to this section, shall have access to any state or local correctional institution, to any private correctional facility, or to any part of the institution or facility and shall not be required to give advance notice of, or to make prior arrangements before conducting, an inspection. Each inspection shall include an evaluation of the inmate grievance procedure, compliance with meal requirements, at least one review of rehabilitative or educational programs, Am. Sub. H. B. No. 96 136th G.A. 78 and any other compliance area the office determines is appropriate. Not later than the last day of January of each year, the office shall submit a report on its findings from the previous calendar year to the general assembly in accordance with section 101.68 of the Revised Code. (2) Evaluate and (B) The correctional facility inspection services office may assist the attorney general and correctional facility leadership in the development and evaluation of programs to improve the condition or operation of correctional the facilities or institutions listed in division (A) of this section; (3) Prepare a report for submission to the succeeding general assembly of the findings the committee makes in its inspections and of any programs that have been proposed or developed to improve the condition or operation of the correctional institutions in the state. The report shall contain a separate evaluation of the inmate grievance procedure at each state correctional institution. The committee shall submit the report to the succeeding general assembly within fifteen days after commencement of that general assembly's first regular session. (B) Subject to division (C) of this section, the committee shall make an inspection of each state correctional institution each biennium and of each private correctional facility each biennium. The inspection shall include attendance at one general meal period and one rehabilitative or educational program (C) The office of correctional facility inspection services shall not be required to give advance notice of, or to make prior arrangements before conducting, an inspection under division (A) of this section. (C) An inspection of a state correctional institution, a private correctional facility, or a local correctional institution under division (A) or (B) of this section or under section 103.74 of the Revised Code, or an inspection under section 103.76 of the Revised Code, is subject to and shall be conducted in accordance with all of the following: (1) The inspection shall not be conducted unless the chairperson of the committee grants prior approval for the inspection. (2) The inspection shall be conducted by at least one staff member of the committee and may include one or more of the members appointed to the committee. (3) Unless the chairperson of the committee determines that the inspection must be conducted outside of normal business hours for any reason, including emergency circumstances or a justifiable cause that perpetuates the mission of the committee, and the chairperson specifies in the grant of prior approval for the inspection that the chairperson has so determined, the inspection shall be conducted only during normal business hours. If the chairperson determines that the inspection must be conducted outside of normal business hours and the chairperson specifies in the grant of prior approval for the inspection that the chairperson has so determined, the inspection may be conducted outside of normal business hours. (D) The attorney general shall provide adequate office space, staff, equipment, and materials to the correctional facility inspection services office. Am. Sub. H. B. No. 96 136th G.A. 79 (E) The total costs of each inspection conducted under this section shall be recovered by the attorney general from the department of corrections and rehabilitation or the department of youth services. (F) As used in this section: (1) "Local public entity," "out-of-state prisoner," and "private contractor" have the same meanings as in section 9.07 of the Revised Code. (2) "Private correctional facility" means a correctional facility in this state that houses out- of-state prisoners and that is operated by a private contractor under a contract with a local public entity pursuant to section 9.07 of the Revised Code. "Youth services facility" means a facility operated, or contracted for, by the department of youth services that is used for the care, protection, treatment, or secure confinement of any child committed to the department's custody. Sec. 109.71. There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of ten members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; one member who represents a fraternal organization representing law enforcement officers; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education and workforce, trade and industrial education services, law enforcement training. This section does not confer any arrest authority or any ability or authority to detain a person, write or issue any citation, or provide any disposition alternative, as granted under Chapter 2935. of the Revised Code. Pursuant to division (A)(9) of section 101.82 of the Revised Code, the The commission is exempt from the requirements of sections 101.82 to 101.87 of the Revised Code. As used in sections 109.71 to 109.801 of the Revised Code: (A) "Peace officer" means: (1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations; (2) A police officer who is employed by a railroad company and appointed and Am. Sub. H. B. No. 96 136th G.A. 80 commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code; (3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code; (4) An undercover drug agent; (5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code; (6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013, a natural resources officer appointed pursuant to section 1501.24, a forest-fire investigator appointed pursuant to section 1503.09, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code; (7) An employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code; (8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; (9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code; (10) Veterans' homes police officers designated under section 5907.02 of the Revised Code; (11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code; (12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; (13) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code; (14) A member of a campus police department appointed under section 1713.50 of the Revised Code; (15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code; (16) Investigators appointed by the auditor of state pursuant to section 117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code; (17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been Am. Sub. H. B. No. 96 136th G.A. 81 awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; (18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; (19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended; (20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code; (21) A police officer who is employed by a bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, who has been appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of a state, county, municipal, or department of natural resources peace officer basic training program; (22) An investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section; (23) A state fire marshal law enforcement officer appointed under section 3737.22 of the Revised Code or a person serving as a state fire marshal law enforcement officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training Am. Sub. H. B. No. 96 136th G.A. 82 program; (24) A gaming agent employed under section 3772.03 of the Revised Code; (25) An employee of the state board of pharmacy designated by the executive director of the board pursuant to section 4729.04 of the Revised Code to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder. (B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code. (C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape. (D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code. (E) "Tactical medical professional" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, nurse, or physician who is trained and certified in a nationally recognized tactical medical training program that is equivalent to "tactical combat casualty care" (TCCC) and "tactical emergency medical support" (TEMS) and who functions in the tactical or austere environment while attached to a law enforcement agency of either this state or a political subdivision of this state. (F) "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code and "EMT" and "AEMT" have the same meanings as in section 4765.011 of the Revised Code. (G) "Nurse" means any of the following: (1) Any person who is licensed to practice nursing as a registered nurse by the board of nursing; (2) Any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code; (3) Any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code. (H) "Physician" means a person who is licensed pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (I) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code. (J)(1) "Fire investigator" means an employee of a fire department charged with investigating fires and explosions who has been authorized, in accordance with sections 737.27 and 3737.24 of the Revised Code, to perform the duties of investigating the origin and cause of fires and explosions using the scientific method to investigate elements of the event including the circumstances, actions, persons, means, and motives that resulted in the fire or explosion or the report of a fire or explosion within this state. (2) "Fire investigator" does not include a person who is acting as a fire investigator on behalf of an insurance company or any other privately owned or operated enterprise. Am. Sub. H. B. No. 96 136th G.A. 83 (K) "Fire department" means a fire department of the state or an instrumentality of the state or of a municipal corporation, township, joint fire district, or other political subdivision. (L) "At-risk youth" means an individual who is all of the following: (1) Under twenty-one years of age; (2) One of the following: (a) At risk of becoming an abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender; (b) An abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender. (3) Residing in a state correctional institution, a department of youth services institution, or a residential facility. (M) "Residential facility" has the same meaning as in section 2151.46 of the Revised Code. Sec. 109.73. (A) The Ohio peace officer training commission shall recommend rules to the attorney general with respect to all of the following: (1) The approval, or revocation of approval, of peace officer training schools administered by the state, counties, municipal corporations, public school districts, technical college districts, and the department of natural resources; (2) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved state, county, municipal, and department of natural resources peace officer training schools; (3) Minimum qualifications for instructors at approved state, county, municipal, and department of natural resources peace officer training schools; (4) The requirements of minimum basic training that peace officers appointed to probationary terms shall complete before being eligible for permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code; crisis intervention training; and training in the handling of missing children and child abuse and neglect cases; and training in handling violations of section 2905.32 of the Revised Code; and the time within which such basic training shall be completed following appointment to a probationary term; (5) The requirements of minimum basic training that peace officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, crisis intervention training, and training in the handling of missing children and child abuse and neglect cases, and training in handling violations of section 2905.32 of the Revised Code, and the time within which such basic training shall be Am. Sub. H. B. No. 96 136th G.A. 84 completed following appointment on other than a permanent basis; (6) Categories or classifications of advanced in-service training programs for peace officers, including programs in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, in crisis intervention, and in the handling of missing children and child abuse and neglect cases, and in handling violations of section 2905.32 of the Revised Code, and minimum courses of study and attendance requirements with respect to such categories or classifications; (7) Permitting persons, who are employed as members of a campus police department appointed under section 1713.50 of the Revised Code; who are employed as police officers by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code; who are appointed and commissioned as bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions police officers, as railroad police officers, or as hospital police officers pursuant to sections 4973.17 to 4973.22 of the Revised Code; or who are appointed and commissioned as amusement park police officers pursuant to section 4973.17 of the Revised Code, to attend approved peace officer training schools, including the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if the private college or university that established the campus police department; 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 sponsoring the police officers pays the entire cost of the training and certification and if trainee vacancies are available; (8) Permitting undercover drug agents to attend approved peace officer training schools, other than the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if, for each undercover drug agent, the county, township, or municipal corporation that employs that undercover drug agent pays the entire cost of the training and certification; (9)(a) The requirements for basic training programs for bailiffs and deputy bailiffs of courts of record of this state and for criminal investigators employed by the state public defender that those persons shall complete before they may carry a firearm while on duty; (b) The requirements for any training received by a bailiff or deputy bailiff of a court of record of this state or by a criminal investigator employed by the state public defender prior to June 6, 1986, that is to be considered equivalent to the training described in division (A)(9)(a) of this section. (10) Establishing minimum qualifications and requirements for certification for dogs utilized by law enforcement agencies; (11) Establishing minimum requirements for certification of persons who are employed as Am. Sub. H. B. No. 96 136th G.A. 85 correction officers in a full-service jail, five-day facility, or eight-hour holding facility or who provide correction services in such a jail or facility; (12) Establishing requirements for the training of humane society agents under section 1717.061 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices; (13) Permitting tactical medical professionals to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(14) of this section and to receive certificates of satisfactory completion of training programs described in that division; (14) The requirements for training programs that tactical medical professionals shall complete to qualify them to carry firearms while on duty under section 109.771 of the Revised Code, which requirements shall include at least the firearms training specified in division (A) of section 109.748 of the Revised Code; (15) Procedures and requirements for a portion of basic training that peace officers complete in proper interactions with civilians during traffic stops and other in-person encounters as specified in division (B)(4) of section 109.803 of the Revised Code and including the topics of instruction listed for active duty peace officers under divisions (B)(4)(a) to (d) of that section; (16) Permitting county correctional officers to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(17) of this section, and to receive certificates of satisfactory completion of basic training programs described in that division; (17) The requirements for basic training programs that county correctional officers shall complete to qualify them to carry firearms while on duty under section 109.772 of the Revised Code, which requirements shall include the firearms training specified in section 109.773 of the Revised Code; (18) Permitting fire investigators to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(19) of this section, and to receive certificates of satisfactory completion of training programs described in that division; (19) The requirements for training programs that fire investigators shall complete to qualify them to carry firearms while on duty under section 109.774 of the Revised Code, which requirements shall include at least the firearms training specified in division (A) of section 109.7481 of the Revised Code; (20) The requirements for refresher training under division (M) of section 109.77 of the Revised Code. (B) The commission shall appoint an executive director, with the approval of the attorney general, who shall hold office during the pleasure of the commission. The executive director shall Am. Sub. H. B. No. 96 136th G.A. 86 perform such duties assigned by the commission. The executive director shall receive a salary fixed pursuant to Chapter 124. of the Revised Code and reimbursement for expenses within the amounts available by appropriation. The executive director may appoint officers, employees, agents, and consultants as the executive director considers necessary, prescribe their duties, and provide for reimbursement of their expenses within the amounts available for reimbursement by appropriation and with the approval of the commission. (C) The commission may do all of the following: (1) Recommend studies, surveys, and reports to be made by the executive director regarding the carrying out of the objectives and purposes of sections 109.71 to 109.77 of the Revised Code; (2) Visit and inspect any peace officer training school that has been approved by the executive director or for which application for approval has been made; (3) Make recommendations, from time to time, to the executive director, the attorney general, and the general assembly regarding the carrying out of the purposes of sections 109.71 to 109.77 of the Revised Code; (4) Report to the attorney general from time to time, and to the governor and the general assembly at least annually, concerning the activities of the commission; (5) Establish fees for the services the commission offers under sections 109.71 to 109.79 of the Revised Code, including, but not limited to, fees for training, certification, and testing; (6) Perform such other acts as are necessary or appropriate to carry out the powers and duties of the commission as set forth in sections 109.71 to 109.77 of the Revised Code. (D) In establishing the requirements, under division (A)(12) of this section, the commission may consider any portions of the curriculum for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane society agent for appointment under section 1717.06 of the Revised Code. (E)(1) As used in this division, "license" has the same meaning as in section 4796.01 of the Revised Code, except that it includes a certificate of completion of a training program required under sections 109.71 to 109.804 of the Revised Code. "License" does not include a certificate of completion of a firearm basic training program under division (B)(1) of section 109.78 of the Revised Code or a certificate of completion of any firearm requalification training program. (2) Notwithstanding any requirement for a license issued by the commission, the commission shall issue a license in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies: (a) The individual holds a license in another state. (b) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter in the same profession, occupation, or occupational activity as the profession, occupation, or occupational activity for which the license is required in this state Am. Sub. H. B. No. 96 136th G.A. 87 in a state that does not require such a license. Sec. 109.77. (A) As used in this section: (1) "Felony" has the same meaning as in section 109.511 of the Revised Code. (2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code. (B)(1) Notwithstanding any general, special, or local law or charter to the contrary, and except as otherwise provided in this section, no person shall receive an original appointment on a permanent basis as any of the following unless the person previously has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program: (a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing authority; (b) A natural resources law enforcement staff officer, forest-fire investigator, wildlife officer, or natural resources officer of the department of natural resources; (c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code; (d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; (e) A state university law enforcement officer; (f) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code; (g) An enforcement agent of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code; (h) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; (i) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended; (j) A gaming agent employed under section 3772.03 of the Revised Code. (2) Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as any of the following shall forfeit the appointed position unless the person previously has completed satisfactorily or, within the time prescribed by rules adopted by the attorney general pursuant to section 109.74 of the Revised Code, satisfactorily completes a state, county, municipal, or department of natural resources peace officer basic training program for temporary or probationary officers and is awarded a certificate by the director attesting to the Am. Sub. H. B. No. 96 136th G.A. 88 satisfactory completion of the program: (a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing authority; (b) A natural resources law enforcement staff officer, park officer, forest officer, preserve officer, wildlife officer, or state watercraft officer of the department of natural resources; (c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code; (d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; (e) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code; (f) An enforcement agent of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code; (g) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; (h) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended. (3) For purposes of division (B) of this section, a state, county, municipal, or department of natural resources peace officer basic training program, regardless of whether the program is to be completed by peace officers appointed on a permanent or temporary, probationary, or other nonpermanent basis, shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code, crisis intervention training, and training on companion animal encounters and companion animal behavior. The requirement to complete training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code does not apply to any person serving as a peace officer on March 27, 1979, and the requirement to complete training in crisis intervention does not apply to any person serving as a peace officer on April 4, 1985. Any person who is serving as a peace officer on April 4, 1985, who terminates that employment after that date, and who subsequently is hired as a peace officer by the same or another law enforcement agency shall complete training in crisis intervention as prescribed by rules adopted by the attorney general pursuant to section 109.742 of the Revised Code. No peace officer shall have employment as a peace officer terminated and then be reinstated with intent to circumvent this section. Am. Sub. H. B. No. 96 136th G.A. 89 (4) Division (B) of this section does not apply to any person serving on a permanent basis on March 28, 1985, as a park officer, forest officer, preserve officer, wildlife officer, or state watercraft officer of the department of natural resources or as an employee of a park district under section 511.232 or 1545.13 of the Revised Code, to any person serving on a permanent basis on March 6, 1986, as an employee of a conservancy district designated pursuant to section 6101.75 of the Revised Code, to any person serving on a permanent basis on January 10, 1991, as a preserve officer of the department of natural resources, to any person employed on a permanent basis on July 2, 1992, as a special police officer by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or by the department of developmental disabilities pursuant to section 5123.13 of the Revised Code, to any person serving on a permanent basis on May 17, 2000, as a special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, to any person serving on a permanent basis on March 19, 2003, as a special police officer employed by a municipal corporation at a municipal airport or other municipal air navigation facility described in division (A)(19) of section 109.71 of the Revised Code, to any person serving on a permanent basis on June 19, 1978, as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code and who, immediately prior to June 19, 1978, was serving as a special police officer designated under authority of that section, or to any person serving on a permanent basis on September 20, 1984, as a liquor control investigator, known after June 30, 1999, as an enforcement agent of the department of public safety, engaged in the enforcement of Chapters 4301. and 4303. of the Revised Code. (5) Division (B) of this section does not apply to any person who is appointed as a regional transit authority police officer pursuant to division (Y) of section 306.35 of the Revised Code if, on or before July 1, 1996, the person has completed satisfactorily an approved state, county, municipal, or department of natural resources peace officer basic training program and has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of such an approved program and if, on July 1, 1996, the person is performing peace officer functions for a regional transit authority. (C) No person, after September 20, 1984, shall receive an original appointment on a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code unless the person previously has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved police officer basic training program. Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code shall forfeit that position unless the person previously has completed satisfactorily or, within one year from the time of appointment, satisfactorily completes an approved police officer basic training program. (D) No bailiff or deputy bailiff of a court of record of this state and no criminal investigator who is employed by the state public defender shall carry a firearm, as defined in section 2923.11 of Am. Sub. H. B. No. 96 136th G.A. 90 the Revised Code, while on duty unless the bailiff, deputy bailiff, or criminal investigator has done or received one of the following: (1) Has been awarded a certificate by the executive director of the Ohio peace officer training commission, which certificate attests to satisfactory completion of an approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and for criminal investigators employed by the state public defender that has been recommended by the Ohio peace officer training commission; (2) Has successfully completed a firearms training program approved by the Ohio peace officer training commission prior to employment as a bailiff, deputy bailiff, or criminal investigator; (3) Prior to June 6, 1986, was authorized to carry a firearm by the court that employed the bailiff or deputy bailiff or, in the case of a criminal investigator, by the state public defender and has received training in the use of firearms that the Ohio peace officer training commission determines is equivalent to the training that otherwise is required by division (D) of this section. (E)(1) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director of the Ohio peace officer training commission shall request the person to disclose, and the person shall disclose, any previous criminal conviction of or plea of guilty of that person to a felony. (2) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director shall request a criminal history records check on the person. The executive director shall submit the person's fingerprints to the bureau of criminal identification and investigation, which shall submit the fingerprints to the federal bureau of investigation for a national criminal history records check. Upon receipt of the executive director's request, the bureau of criminal identification and investigation and the federal bureau of investigation shall conduct a criminal history records check on the person and, upon completion of the check, shall provide a copy of the criminal history records check to the executive director. The executive director shall not award any certificate prescribed in this section unless the executive director has received a copy of the criminal history records check on the person to whom the certificate is to be awarded. (3) The executive director of the commission shall not award a certificate prescribed in this section to a person who has been convicted of or has pleaded guilty to a felony or who fails to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section. (4) The executive director of the commission shall revoke the certificate awarded to a person as prescribed in this section, and that person shall forfeit all of the benefits derived from being certified as a peace officer under this section, if the person, before completion of an approved peace officer basic training program, failed to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section. (F)(1) Regardless of whether the person has been awarded the certificate or has been Am. Sub. H. B. No. 96 136th G.A. 91 classified as a peace officer prior to, on, or after October 16, 1996, the executive director of the Ohio peace officer training commission shall revoke any certificate that has been awarded to a person as prescribed in this section if the person does either of the following: (a) Pleads guilty to a felony committed on or after January 1, 1997; (b) Pleads guilty to a misdemeanor committed on or after January 1, 1997, pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the person agrees to surrender the certificate awarded to the person under this section. (2) The executive director of the commission shall suspend any certificate that has been awarded to a person as prescribed in this section if the person is convicted, after trial, of a felony committed on or after January 1, 1997. The executive director shall suspend the certificate pursuant to division (F)(2) of this section pending the outcome of an appeal by the person from that conviction to the highest court to which the appeal is taken or until the expiration of the period in which an appeal is required to be filed. If the person files an appeal that results in that person's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that person, the executive director shall reinstate the certificate awarded to the person under this section. If the person files an appeal from that person's conviction of the felony and the conviction is upheld by the highest court to which the appeal is taken or if the person does not file a timely appeal, the executive director shall revoke the certificate awarded to the person under this section. (G)(1) If a person is awarded a certificate under this section and the certificate is revoked pursuant to division (E)(4) or (F) of this section, the person shall not be eligible to receive, at any time, a certificate attesting to the person's satisfactory completion of a peace officer basic training program. (2) The revocation or suspension of a certificate under division (E)(4) or (F) of this section shall be in accordance with Chapter 119. of the Revised Code. (H)(1) A person who was employed as a peace officer of a county, township, or municipal corporation of the state on January 1, 1966, and who has completed at least sixteen years of full-time active service as such a peace officer, or equivalent service as determined by the executive director of the Ohio peace officer training commission, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section. (2) Any person who held an appointment as a state highway trooper on January 1, 1966, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section. (I) No person who is appointed as a peace officer of a county, township, or municipal corporation on or after April 9, 1985, shall serve as a peace officer of that county, township, or Am. Sub. H. B. No. 96 136th G.A. 92 municipal corporation unless the person has received training in the handling of missing children and child abuse and neglect cases from an approved state, county, township, or municipal police officer basic training program or receives the training within the time prescribed by rules adopted by the attorney general pursuant to section 109.741 of the Revised Code. (J) No part of any approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and no part of any approved state, county, or municipal basic training program for criminal investigators employed by the state public defender shall be used as credit toward the completion by a peace officer of any part of the approved state, county, or municipal peace officer basic training program that the peace officer is required by this section to complete satisfactorily. (K) This section does not apply to any member of the police department of a municipal corporation in an adjoining state serving in this state under a contract pursuant to section 737.04 of the Revised Code. (L) The executive director of the commission shall issue a certificate of completion of a training program required under this section in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies: (1) The individual holds a certificate of completion of such a program in another state. (2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter in the same profession, occupation, or occupational activity as the profession, occupation, or occupational activity for which the certificate is required in this state in a state that does not require completion of such a training program. (M)(1) Except as provided in division (M)(2) of this section, no certificate awarded by the executive director of the Ohio peace officer training commission attesting to a person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program shall be deemed insufficient for an appointment to a position listed in division (B)(1) of this section because of a lapse in the person's service as a peace officer. (2) The Ohio peace officer training commission shall require a re-appointed peace officer to complete refresher training of the following duration prior to performing the functions of a peace officer, if the peace officer, having previously been awarded a certificate by the executive director of the commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program or pursuant to Chapter 4796. of the Revised Code, for at least one year prior to an appointment, was not employed as a peace officer: (a) If the period of lapse was at least one year, but less than four years, up to forty hours; (b) If the period of lapse was four years or longer, eighty hours. 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 twenty-four hours of continuing professional training each calendar year. Twenty-four hours is intended to be a Am. Sub. H. B. No. 96 136th G.A. 93 minimum requirement, and appointing authorities are encouraged to exceed the twenty-four hour minimum. A minimum of twenty-four hours of continuing professional training shall be reimbursed each calendar year and a maximum of forty hours of continuing professional training may be reimbursed each calendar year. No reimbursement shall be available under this section for continuing professional training provided for a peace officer or trooper appointed by a state agency. (2) An appointing authority may submit a written request to the peace officer training commission that requests for a calendar year because of 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. The rules adopted by the attorney general under division (B) of this section shall do all of the following: Am. Sub. H. B. No. 96 136th G.A. 94 (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 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. 111.15. (A) As used in this section: Am. Sub. H. B. No. 96 136th G.A. 95 (1) "Rule" includes any rule, regulation, bylaw, or standard having a general and uniform operation adopted by an agency under the authority of the laws governing the agency; any appendix to a rule; and any internal management rule. "Rule" does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code, any order respecting the duties of employees, any finding, any determination of a question of law or fact in a matter presented to an agency, or any rule promulgated pursuant to Chapter 119. or division (C)(1) or (2) of section 5117.02 of the Revised Code. "Rule" includes any amendment or rescission of a rule. (2) "Agency" means any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court. (3) "Internal management rule" means any rule, regulation, bylaw, or standard governing the day-to-day staff procedures and operations within an agency. (B)(1) Any rule, other than a rule of an emergency nature, adopted by any agency pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(3) of this section is filed as follows: (a) The rule shall be filed in electronic form with both the secretary of state and the director of the legislative service commission; (b) The rule shall be filed in electronic form with the joint committee on agency rule review. Division (B)(1)(b) of this section does not apply to any rule to which division (D) of this section does not apply. An agency that adopts or amends a rule that is subject to division (D) of this section shall assign a review date to the rule that is not later than five years after its effective date. If a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 106.03 of the Revised Code and expiration under section 106.033 of the Revised Code . This paragraph does not apply to a rule of a state college or university, community college district, technical college district, or state community college. If an agency in adopting a rule designates an effective date that is later than the effective date provided for by division (B)(1) of this section, the rule if filed as required by such division shall become effective on the later date designated by the agency. Any rule that is required to be filed under division (B)(1) of this section is also subject to division (D) of this section if not exempted by that division. If a rule incorporates a text or other material by reference, the agency shall comply with sections 121.71 to 121.75 of the Revised Code. (2) A rule of an emergency nature necessary for the immediate preservation of the public peace, health, or safety shall state the reasons for the necessity. The emergency rule, in final form Am. Sub. H. B. No. 96 136th G.A. 96 and in compliance with division (B)(3) of this section, shall be filed in electronic form with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review. The emergency rule is effective immediately upon completion of the latest filing, except that if the agency in adopting the emergency rule designates an effective date, or date and time of day, that is later than the effective date and time provided for by division (B)(2) of this section, the emergency rule if filed as required by such division shall become effective at the later date, or later date and time of day, designated by the agency. Except as provided in section 107.43 of the Revised Code, an emergency rule becomes invalid at the end of the one hundred twentieth day it is in effect. Prior to that date, the agency may file the emergency rule as a nonemergency rule in compliance with division (B)(1) of this section. The agency may not refile the emergency rule in compliance with division (B)(2) of this section so that, upon the emergency rule becoming invalid under such division, the emergency rule will continue in effect without interruption for another one hundred twenty-day period. The adoption of an emergency rule under division (B)(2) of this section in response to a state of emergency, as defined under section 107.42 of the Revised Code, may be invalidated by the general assembly, in whole or in part, by adopting a concurrent resolution in accordance with section 107.43 of the Revised Code. (3) An agency shall file a rule under division (B)(1) or (2) of this section in compliance with the following standards and procedures: (a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code. (b) The rule shall be prepared and submitted in compliance with the rules section 103.05 of the Revised Code and the rule drafting manual of the legislative service commission. (c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known. (d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended. If the director of the legislative service commission or the director's designee gives an agency notice pursuant to section 103.05 of the Revised Code that a rule filed by the agency is not in compliance with the rules section 103.05 of the Revised Code and the rule drafting manual of the legislative service commission, the agency shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice. (C) All rules filed pursuant to divisions (B)(1)(a) and (2) of this section shall be recorded by the secretary of state and the director under the title of the agency adopting the rule and shall be numbered according to the numbering system devised by the director. The secretary of state and the director shall preserve the rules in an accessible manner. Each such rule shall be a public record open to public inspection and may be transmitted to any law publishing company that wishes to reproduce it. Am. Sub. H. B. No. 96 136th G.A. 97 (D)(D)(1) At least sixty-five days before a board, commission, department, division, or bureau of the government of the state files a rule under division (B)(1) of this section, it shall file the full text of the proposed rule in electronic form with the joint committee on agency rule review, and the proposed rule is subject to legislative review and invalidation under section sections 106.021, 106.025, and 106.026 of the Revised Code. If a state board, commission, department, division, or bureau makes a revision in a proposed rule after it is filed with the joint committee, the state board, commission, department, division, or bureau shall promptly file the full text of the proposed rule in its revised form in electronic form with the joint committee. A state board, commission, department, division, or bureau shall also file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule, and along with a proposed rule in revised form, that is filed under this division. If a proposed rule has an adverse impact on businesses, the state board, commission, department, division, or bureau also shall file the business impact analysis, any recommendations received from the common sense initiative office, and the associated memorandum of response, if any, in electronic form along with the proposed rule, or the proposed rule in revised form, that is filed under this division. If the rule summary and fiscal analysis indicates the rule may have any of the effects listed in division (A) of section 106.025 of the Revised Code, the executive director of the joint committee shall notify the members of the general assembly and include all documentation submitted to the joint committee in the agency's original rule filing with the notice. (2) A proposed rule that is subject to legislative review under this division may not be adopted and filed in final form under division (B)(1) of this section unless the one of the following applies: (a) The proposed rule has been filed with the joint committee on agency rule review under this division and the time for the joint committee to review the proposed rule has expired without recommendation of a concurrent resolution to invalidate the proposed rule. (b) The proposed rule is subject to section 106.026 of the Revised Code, and a law authorizing its adoption enacted in accordance with Ohio Constitution, Article II, Sections 15 and 16 is in effect. (3) If a proposed rule that is subject to legislative review under this division implements a federal law or rule, the agency shall provide to the joint committee a citation to the federal law or rule the proposed rule implements and a statement as to whether the proposed rule implements the federal law or rule in a manner that is more or less stringent or burdensome than the federal law or rule requires. (4) As used in this division, "commission" includes the public utilities commission when adopting rules under a federal or state statute. This division (5) Division (D) of this section does not apply to any of the following: (1)(a) A proposed rule of an emergency nature; (2)(b) A rule proposed under section 1121.05, 1121.06, 1349.33, 1707.201, 1733.412, Am. Sub. H. B. No. 96 136th G.A. 98 4123.29, 4123.34, 4123.341, 4123.342, 4123.345, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code; (3)(c) A rule proposed by an agency other than a board, commission, department, division, or bureau of the government of the state; (4)(d) A proposed internal management rule of a board, commission, department, division, or bureau of the government of the state; (5)(e) Any proposed rule that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following: (a)(i) A statement that it is proposed for the purpose of complying with a federal law or rule; (b)(ii) A citation to the federal law or rule that requires verbatim compliance. (6)(f) An initial rule proposed by the director of health to impose quality standards on a health care facility as defined in section 3702.30 of the Revised Code; (7)(g) A rule of the state lottery commission pertaining to instant game rules. If a rule is exempt from legislative review under division (D)(5)(D)(5)(e) of this section, and if the federal law or rule pursuant to which the rule was adopted expires, is repealed or rescinded, or otherwise terminates, the rule is thereafter subject to legislative review under division (D) of this section. Whenever a state board, commission, department, division, or bureau files a proposed rule or a proposed rule in revised form under division (D) of this section, it shall also file the full text of the same proposed rule or proposed rule in revised form in electronic form with the secretary of state and the director of the legislative service commission. A state board, commission, department, division, or bureau shall file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule or proposed rule in revised form that is filed with the secretary of state or the director of the legislative service commission. 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 provide advancements, subject to recoupment, or to reimburse boards of elections 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. Sec. 111.29. The Ohio election integrity commission fund is created in the state treasury. The secretary of state shall use the money in the fund for the sole purpose of paying expenses related to the operation of the Ohio election integrity commission established under section 3517.14 of the Revised Code. Sec. 113.05. (A) As used in sections 113.05 to 113.40 of the Revised Code: (1) "Account," "appropriation," "disbursement," "electronic funds transfer," "fund," and Am. Sub. H. B. No. 96 136th G.A. 99 "warrant" have the same meanings as in section 131.01 of the Revised Code. (2) "Assets" has the same meaning as in section 131.01 of the Revised Code, but does not include items held in safekeeping by the treasurer of state including, but not limited to, collateral pledged to a state agency. (3) "Custodial funds" do not include items held in safekeeping by the treasurer of state including, but not limited to, collateral pledged to a state agency. (B) The state treasury consists of the moneys, claims, bonds, notes, other obligations, stocks, and other securities, receipts or other evidences of ownership, and other intangible assets of the state that are required by law to be deposited in the state treasury or are otherwise a part of the state treasury. All assets of the state treasury shall be kept in the rooms assigned the treasurer of state, with the vaults, safes, and other appliances therein; provided, that: (1) Securities required by law to be deposited or kept in the state treasury may be deposited for safekeeping with the federal reserve bank of Cleveland, Ohio or secured and insured depositories in or out of this state as designated by the treasurer of state. (2) Public moneys may be kept in constituted state depositories. (C) The custodial funds of the treasurer of state consist of the moneys, claims, bonds, notes, other obligations, stocks, and other securities, receipts or other evidences of ownership, and other intangible assets that are required by law to be kept in the custody of the treasurer of state but are not part of the state treasury. All assets of the custodial funds of the treasurer of state shall be kept in either or both of the following: (1) The rooms assigned the treasurer of state, with the vaults, safes, and other appliances therein; (2) The federal reserve bank of Cleveland, Ohio or secured and insured depositories in or out of this state as designated by the treasurer of state. (D) Assets of the state treasury shall not be commingled with assets of the custodial funds of the treasurer of state. The repositing and deposit of payments pursuant to section 113.06 of the Revised Code is in compliance with this section. Sec. 113.13. The treasurer of state shall have available and, as requested, transmit to the director of budget and management and to the governor information concerning the amount in the inactive account, the amount in the active account, and the amount of cash on hand. Sec. 113.40. (A) As used in this section: (1) "Administrative agent of the board of deposit" means the treasurer of state. (2) "Financial transaction device" includes a credit card, debit card, charge banking card, prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications, or any other device or method for making an electronic payment or transfer of funds denominated in United States dollars . Am. Sub. H. B. No. 96 136th G.A. 100 (2)(3) "Processor" means an entity conducting the settlement of an electronic payment or transfer of funds, which shall be denominated in United States dollars. (4) "State expensesRevenue" includes fees, charges, tolls, costs, taxes, expenses, assessments, fines, penalties, payments, judgments, restitution ordered by a court, or any other expense amount a person owes to a state office under the authority of a state elected official or to a state entity. (3)(5) "State elected official" means the governor, lieutenant governor, attorney general, secretary of state, treasurer of state, and auditor of state. (4)(6) "State entity" includes any state department, agency, board, or commission, or office under the authority of a state elected official that deposits funds into the state treasury or into an account in the custody of the treasurer of state. (B) Notwithstanding any other section of the Revised Code and subject to division (D) of this section, the board of deposit may shall adopt a resolution authorizing the acceptance of payments by financial transaction device to pay for state expensescollection, receipt, and acceptance by the state of revenue, gifts, donations, or bequests made by a financial transaction device. The resolution shall include all of the following: (1) A designation of those state elected officials and state entities authorized to accept payments by financial transaction device; (2) A list of state expenses that may be paid by the use of a financial transaction device; (3) Specific identification of financial transaction devices that a state elected official or state entity may authorize as acceptable means of payment for state expenses. Division (B)(3) of this section does not require that the same financial transaction devices be accepted for the payment of different types of state expenses. (4) The amount, if any, authorized as a surcharge or convenience fee under division (E) of this section for persons using a financial transaction device. Division (B)(4) of this section does not require that the same surcharges or convenience fees be applied to the payment of different types of state expenses. (5) A specific requirement, as provided in division (G) of this section, for the payment of a penalty if a payment made by means of a financial transaction device is returned or dishonored for any reason. The board of deposit's resolution also shall designate the treasurer of state as the direct the administrative agent of the board of deposit to solicit proposals, within guidelines established by the board of deposit in the resolution and in compliance with the procedures provided in division (C) of this section, from financial institutions, issuers of financial transaction devices, and processors of financial transaction devices; to make recommendations about those proposals to the state elected officials; and to assist state offices entities and state elected officials in implementing the state's any financial transaction device collection, acceptance and , processing, receipt, and settlement program authorized pursuant to this section. The board of deposit's resolution applies to financial transaction Am. Sub. H. B. No. 96 136th G.A. 101 device services related to any and all bank accounts comprising the state treasury as well as those in the custody of the treasurer of state but not part of the state treasury. (C) The administrative agent shall follow the procedures provided in this division whenever it plans to contract with financial institutions, issuers of financial transaction devices,one or more processors of financial transaction devices for the purposes of this section. The administrative agent shall request proposals from at least three financial institutions, issuers of financial transaction devices, or processors of financial transaction devicesfor acceptance, processing, and settlement services, as appropriate in accordance with the resolution adopted under division (B) of this section. Prior to sending any financial institution, issuer, or processor a copy of any such requestmaking the request for proposals available, the administrative agent shall advertise its intent to request proposals for two consecutive weeks by electronic publication on a state agency the administrative agent's web site made available to the general public. The notice shall state that the administrative agent intends to request proposals; specify the purpose of the request; indicate the date, which shall be at least ten fifteen calendar days after the initial publication, on which the request for proposals will be electronically mailed to financial institutions, issuers, or processors; and require that any financial institution, issuer, or processor, whichever is appropriate, interested in receiving the request for proposals submit written notice of this interest to the administrative agent not later than the day on which the available and shall detail the service or services subject to the request for proposals will be electronically mailed. Upon receiving the proposals, the administrative agent shall review them and make a recommendation to the board of deposit regarding which proposal or proposals to accept. The board of deposit shall consider the agent's recommendation and review all proposals submitted, and then may choose to authorize the administrative agent, on the board's behalf, to contract with any or all of the entities one or more of the processors submitting proposals, as appropriate. The board of deposit shall provide any financial institution, issuer, or processor administrative agent may enter into one or more contracts for the provision of payment, collection, acceptance, processing, receipt, and settlement services to the state entities and state elected officials. Through its administrative agent, the board of deposit shall provide any processor that submitted a proposal, but with which the board of deposit's administrative agent does not enter into a contract, notice that its proposal is rejected. (D) The board of deposit shall send a copy of the resolution adopted under division (B) of this section to each state elected official and state entity authorized to accept payments for state expenses by financial transaction device. After receiving the resolution and before accepting such payments by financial transaction device, such a state elected official or state entity shall provide written notification to the administrative agent of the official's or entity's intent to implement the resolution within the official's or entity's office. Each state office elected official or state entity subject to the board's resolution adopted under division (B) of this section shall use only the financial institutions, issuers of financial transaction devices, and processors of financial transaction devices with which the board of deposit deposit's administrative agent contracts, and each such Am. Sub. H. B. No. 96 136th G.A. 102 office state elected official or state entity is subject to the terms of those contracts. If a state entity under the authority of a state elected official is directly responsible for collecting one or more state expenses and the state elected official determines not to accept payments by financial transaction device for one or more of those expenses, the office is not required to accept payments by financial transaction device for those expenses, notwithstanding the adoption of a resolution by the board of deposit under division (B) of this section. (E) The board of deposit state elected official or state entity may establish a surcharge or convenience fee that may be imposed upon a person making payment by a financial transaction device. The surcharge or convenience fee shall not be imposed unless authorized or otherwise permitted by the rules prescribed under a contract, between the financial institution, issuer, or processor and the administrative agent, governing the use and acceptance of the financial transaction device. The establishment of a Any surcharge or convenience fee shall follow the guidelines of the financial institution, issuer of financial transaction devices, or processor or processors of financial transaction devices with which the board of deposit of deposit's administrative agent contracts. If a surcharge or convenience fee is imposed, every state elected official and state entity accepting payment by a financial transaction device, regardless of whether that entity is subject to a resolution adopted by the board of deposit, shall clearly post a notice in the entity's office, and shall notify each person making a payment by such a device, about the surcharge or fee. Notice to each person making a payment shall be provided regardless of the medium used to make the payment and in a manner appropriate to that medium. Each notice shall include all both of the following: (1) A statement that there is a surcharge or convenience fee for using a financial transaction device; (2) The total amount of the charge or fee expressed in dollars and cents for each transaction, or the rate of the charge or fee expressed as a percentage of the total amount of the transaction, whichever is applicable; (3) A clear statement that the surcharge or convenience fee is nonrefundable. (F) If a person elects to make a payment by a financial transaction device and a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee is not refundable. (G) If a person makes payment remits revenue to the state by a financial transaction device and the payment of the revenue is returned or dishonored reversed for any reason, or if the value of the remitted payment in United States dollars at the time of receipt by the state elected official or state entity is less than the amount owed, the person is liable to the state elected official or state entity for the state expense total amount of the state revenue and any reimbursable costs for collection, including banking charges, legal fees, or other expenses incurred by the state elected official or state entity in collecting the returned or dishonored reversed payment. The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies provided by law. Am. Sub. H. B. No. 96 136th G.A. 103 (H)(G) No person making any payment remitting any revenue by a financial transaction device to a state office elected official or state entity shall be relieved from liability for the underlying obligation, except to the extent that the state elected official or state entity realizes final payment of the underlying obligation the revenue to the state elected official or state entity in cash or its equivalent. If final payment revenue is not made remitted by the financial transaction device issuer, or by other means of payment, or by other guarantor of payment in the transaction, the underlying obligation survives and the state elected official or state entity shall retain all remedies for enforcement that would have applied if the transaction had not occurred. (I) (H) A state entity elected official or employee of a state entity or state elected official who accepts a financial transaction device payment in accordance with this section and any applicable state or local statutes, laws, policies, or rules is immune from personal liability for the final collection of such payments as specified in section 9.87 of the Revised Code. (J)(I) If the board of deposit determines that it is necessary and in the state's best interest to contract with an additional entity processor subsequent to the contract award made under division (C) of this section, the board may meet and choose to contract with one or more additional entities processors for the remainder of the period previously established by a contract award made under division (C) of this section. (K)(J) The administrative agent, in cooperation with the office of budget and management, may adopt, amend, and rescind rules in accordance with section 111.15 of the Revised Code to implement and administer this section. (K) The treasurer of state shall have the authority to enter into such contracts necessary to fulfill its obligations as administrative agent for the board of deposit. Sec. 113.51. (A) The treasurer of state shall implement and administer a program under the terms and conditions established under sections 113.50 to 113.56 of the Revised Code. For that purpose, the treasurer shall do all of the following: (1) Develop and implement the program in a manner consistent with the provisions of sections 113.50 to 113.56 of the Revised Code; (2) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice; (3) Seek rulings and other guidance from the secretary and the internal revenue service relating to the program; (4) Make modifications to the program as necessary for participants in the program to qualify for the federal income tax benefits or treatment provided under section 529A of the Internal Revenue Code or rules adopted thereunder; (5) Impose and collect administrative fees and service charges in connection with any agreement or transaction relating to the program; (6) Develop marketing plans and promotional materials to publicize the program; (7) Establish the procedures by which funds held in program accounts shall be disbursed; Am. Sub. H. B. No. 96 136th G.A. 104 (8) Administer the issuance of interests by the Ohio ABLE savings program trust fund to designated beneficiaries; (9) Establish the procedures by which funds held in program accounts shall be allocated to pay for administrative costs; (10) Take any other action necessary to implement and administer the program; (11) Adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement and administer the program; (12) Notify the secretary when a program account has been opened for a designated beneficiary and submit other reports concerning the program as required by the secretary or under section 529A of the Internal Revenue Code. (B) The treasurer of state may enter into agreements with other states or agencies of, subdivisions of, or residents of those states related to the program or a similar ABLE account program established by another state in accordance with section 529A of the Internal Revenue Code. (C) Any record of the treasurer of state indicating the identity of account beneficiaries and the balances and activity in ABLE accounts is not a public record under section 149.43 of the Revised Code. (D) The treasurer of state shall pay account fees associated with an ABLE account on behalf of an Ohio account owner or beneficiary. Sec. 113.53. (A) A designated beneficiary, or a trustee or guardian of a designated beneficiary who lacks capacity to enter into an agreement, may apply, on forms prescribed by the treasurer of state, to open a program account. A beneficiary may have only one ABLE account. The treasurer of state may impose a nonrefundable application fee. The application shall require the applicant to provide the following information: (1) The name, address, social security number, and birth date of the designated beneficiary; (2) The name, address, and social security number of the designated beneficiary's trustee or guardian, if applicable; (3) Certification by the applicant that the applicant understands the maximum account value and the consequences under division (C) of this section for excess contributions and understands how program account values exceeding the amount designated under section 103 of the "Stephen Beck, Jr., ABLE Act of 2014," 26 U.S.C. 529A note, may affect the applicant's resources for determining the applicant's eligibility for the supplemental security income program; (4) Any additional information required by the treasurer of state. (B)(1) To qualify for a program account, a designated beneficiary must be an eligible individual at the time the program account is opened. Before opening a program account, the treasurer of state or program manager shall enter into an agreement with the account owner that discloses the requirements and restrictions on contributions and withdrawals from the program account. (2) Any person may make contributions to a program account after the account is opened, Am. Sub. H. B. No. 96 136th G.A. 105 subject to the limitations imposed by section 529A of the Internal Revenue Code and any rules adopted by the secretary. (C) Contributions to a program account shall be made in cash. The treasurer of state or program manager shall reject or promptly withdraw a contribution to a program account if that contribution would exceed the annual limits prescribed in subsection (b)(2)(B) of section 529A of the Internal Revenue Code. The treasurer or program manager shall reject or promptly withdraw a contribution if the value of the program account equals or exceeds the maximum account value or the designated beneficiary is not an eligible individual in the current calendar year. (D)(1) To the extent authorized by federal law, and in accordance with rules adopted by the treasurer of state, an account owner may change the designated beneficiary of a program account to another individual. (2) No account owner may use an interest in an ABLE account as security for a loan. Any pledge of an interest in an account shall be void and of no force and effect. (E)(1) A distribution from a program account to any individual or for the benefit of any individual during a calendar year shall be reported to the internal revenue service and the designated beneficiary or the distributee to the extent required under state or federal law. (2) Statements shall be provided to each account owner of a program account at least four times each year within thirty days after the end of the quarterly period to which a statement relates. The statement shall identify the contributions made during the preceding quarter, the total contributions made to the account through the last day of that quarter, the value of the account on the last day of that quarter, distributions made during that quarter, and any other information that the treasurer of state requires to be reported to the account owner. (3) Statements and information relating to program accounts shall be prepared and filed to the extent required under sections 113.50 to 113.56 of the Revised Code and any other state or federal law. (F) The program shall provide separate accounting for each designated beneficiary. An annual fee may be imposed upon the account owner for the maintenance of a program account. (G) (G)(1) Money in an ABLE account shall be exempt from attachment, execution, or garnishment as provided in section 2329.66 of the Revised Code, and is . (2) Unless required by federal law, money in an ABLE account is not subject to claims made under the medicaid estate recovery program instituted pursuant to section 5162.21 of the Revised Code, in accordance with subsection (f) of section 529A of the Internal Revenue Code and subject to any limitations imposed by the secretary. (H)(1) Notwithstanding any other provision of state law, all of the following shall be disregarded for the purposes of determining an individual's eligibility for a means-tested public assistance program funded only with state, local, or state and local funds and the amount of assistance or benefits the individual is eligible to receive under the program: (a) Any amount in an ABLE account, including earnings on the account; Am. Sub. H. B. No. 96 136th G.A. 106 (b) Any contributions to an ABLE account; (c) Any distribution from an ABLE account for qualified disability expenses. (2) Division (H)(1) of this section applies only to an individual who is either of the following: (a) The designated beneficiary of the ABLE account; (b) An individual whose eligibility for the means-tested program is conditioned on the ABLE account's designated beneficiary disclosing the designated beneficiary's income, resources, or both to the entity administering the means-tested public assistance program. Sec. 113.78. The medical quality assurance fund is created, 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 transferred to it as a result of the repeal of section 3701.89 of the Revised Code on January 1, 2026, by H.B. 238 of the 135th General Assembly general assembly and its requirements related to the repeal of that section. All investment earnings of the fund shall be credited to the fund. All money in the fund shall be used as directed by the general assembly, which may include funding any of the following programs that the former Ohio medical quality foundation was authorized to fund in a similar manner under division (F) of section 3701.89 of the Revised Code before the repeal of that section by this act: (A) Programs approved under criteria established under section 4731.251 of the Revised Code; (B) Programs designed to improve the quality of graduate medical education; (C) Programs designed to improve risk management and quality assurance in hospitals, as defined in section 3722.01 of the Revised Code, and in outpatient settings, including physician offices; (D) Other programs, meetings, and educational seminars that are designed to improve the quality of medical care in this state. Sec. 117.11. (A) Except as otherwise provided in this division and in sections section 117.112 and 117.113 of the Revised Code, the auditor of state shall audit each public office at least once every two fiscal years. The auditor of state shall audit a public office each fiscal year if that public office is required to be audited on an annual basis pursuant to "The Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In the annual or biennial audit, inquiry shall be made into the methods, accuracy, and legality of the accounts, financial reports, records, files, and reports of the office, whether the laws, rules, ordinances, and orders pertaining to the office have been observed, and whether the requirements and rules of the auditor of state have been complied with. Except as otherwise provided in this division or where auditing standards or procedures dictate otherwise, each audit shall cover at least one fiscal year. If a public office is audited only once every two fiscal years, the audit shall cover both fiscal years. (B) In addition to the annual or biennial audit provided for in division (A) of this section, the auditor of state may conduct an audit of a public office at any time when so requested by the public Am. Sub. H. B. No. 96 136th G.A. 107 office or upon the auditor of state's own initiative if the auditor of state has reasonable cause to believe that an additional audit is in the public interest. (C)(1) The auditor of state shall identify any public office in which the auditor of state will be unable to conduct an audit at least once every two fiscal years as required by division (A) of this section and shall provide immediate written notice to the clerk of the legislative authority or governing board of the public office so identified. Within six months of the receipt of such notice, the legislative authority or governing board may engage an independent certified public accountant to conduct an audit pursuant to section 117.12 of the Revised Code. (2) When the chief fiscal officer of a public office notifies the auditor of state that an audit is required at a time prior to the next regularly scheduled audit by the auditor of state, the auditor of state shall either cause an earlier audit to be made by the auditor of state or authorize the legislative authority or governing board of the public office to engage an independent certified public accountant to conduct the required audit. The scope of the audit shall be as authorized by the auditor of state. (3) The auditor of state shall approve the scope of an audit under division (C)(1) or (2) of this section as set forth in the contract for the proposed audit before the contract is executed on behalf of the public office that is to be audited. The independent accountant conducting an audit under division (C)(1) or (2) of this section shall be paid by the public office. (4) The contract for attest services with an independent accountant employed pursuant to this section or section 117.115 of the Revised Code may include binding arbitration provisions, provisions of Chapter 2711. of the Revised Code, or any other alternative dispute resolution procedures to be followed in the event a dispute remains between the state or public office and the independent accountant concerning the terms of or services under the contract, or a breach of the contract, after the administrative provisions of the contract have been exhausted. (D) If a uniform accounting network is established under section 117.101 of the Revised Code, the auditor of state or a certified public accountant employed pursuant to this section or section 117.112 or 117.115 of the Revised Code shall, to the extent practicable, utilize services offered by the network in order to conduct efficient and economical audits of public offices. (E) The auditor of state, in accordance with division (A)(3) of section 9.65 of the Revised Code and this section, may audit an annuity program for volunteer fire fighters established by a political subdivision under section 9.65 of the Revised Code. As used in this section, "volunteer fire fighters" and "political subdivision" have the same meanings as in division (C) of section 9.65 of the Revised Code. (F) The auditor of state may establish by rule an agreed-upon procedure by which political subdivisions may be audited. The rules shall set forth the standards, procedures, guidelines, and reporting requirements for an agreed-upon procedure audit. Sec. 117.38. (A) Each public office, other than a state agency, shall file a financial report for each fiscal year. The auditor of state may prescribe forms by rule or may issue guidelines, or both, Am. Sub. H. B. No. 96 136th G.A. 108 for such reports. If the auditor of state has not prescribed a rule regarding the form for the report, the public office shall submit its report on the form utilized by the public office. (B) The report shall be certified by the proper officer or board and filed with the auditor of state within sixty days after the close of the fiscal year, except that public offices reporting pursuant to generally accepted accounting principles shall file their reports within one hundred fifty days after the close of the fiscal year. The auditor of state may extend the deadline for filing a financial report and establish terms and conditions for any such extension. At the time the report is filed with the auditor of state, the chief fiscal officer, except as otherwise provided in section 319.11 of the Revised Code, shall publish notice in a newspaper published in the political subdivision or taxing district, and if there is no such newspaper, then in a newspaper of general circulation in the political subdivision or taxing district. The notice shall state that the financial report has been completed by the public office and is available for public inspection at the office of the chief fiscal officer. (C) The report shall contain the following: (1) Amount of collections and receipts, and accounts due from each source; (2) Amount of expenditures for each purpose; (3) Income of each public service industry owned or operated by a municipal corporation, and the cost of such ownership or operation; (4) Amount of public debt of each taxing district, the purpose for which each item of such debt was created, and the provision made for the payment thereof; (5) Budgetary comparison information as required by the applicable reporting framework or as prescribed by the auditor of state. (D) Any public office, other than a state agency, that does not file its financial report at the time required by this section shall pay to the auditor of state twenty-five dollars for each day the report remains unfiled after the filing date; provided, that the penalty payments shall not exceed the sum of seven hundred fifty dollars. The auditor of state may waive all or any part of the penalty assessed under this section upon the filing of the past due financial report. All sums collected from such penalties shall be placed in the public audit expense fund--local government. If the auditor of state fails to receive payment for penalties not paid within one year from the required filing date, the auditor may recover the penalties through the process in division (D) of section 117.13 of the Revised Code. (E) Every county agency, board, or commission shall provide to the county auditor, not later than the first day of March each year unless a later date is authorized by the county auditor, all information determined by the county auditor to be necessary for the preparation of the report required by this section. (F) The auditor of state shall publish the substance of the report submitted under this section in an electronic format that is available to the public. Sec. 117.44. To enhance local officials' background and working knowledge of government accounting, budgeting and financing, financial report preparation, and the rules adopted by the Am. Sub. H. B. No. 96 136th G.A. 109 auditor of state, the auditor of state shall hold training programs for persons elected for the first time as township fiscal officers, city auditors, and village clerks, between the first day of December and the first day of April immediately following a general election for any of these offices. Similar training may also be provided to any township fiscal officer, city auditor, or village clerk who is appointed to fill a vacancy or who is elected in a special election. The auditor of state also shall develop and provide an annual training program of continuing education for village clerks. The auditor of state shall determine the manner, content, and length of the training programs after consultation with appropriate statewide organizations of local governmental officials. The auditor of state shall charge the political subdivisions that the trainees represent a registration fee that will meet actual and necessary expenses of the training, including instructor fees, site acquisition costs, and the cost of course materials. The necessary personal expenses incurred by the officials as a result of attending the training program shall be borne by the political subdivisions they represent. The auditor of state shall allow any other interested person to attend any of the training programs that the auditor of state holds pursuant to this section; provided, that before attending any such training program, the interested person shall pay to the auditor of state the full registration fee that the auditor of state has set for the training program. The auditor of state may provide any other appropriate training or educational programs that may be developed and offered by the auditor of state or in collaboration with one or more other state agencies, political subdivisions, or other public or private entities. There is hereby established in the state treasury the auditor of state training program fund, to be used by the auditor of state for the actual and necessary expenses of any training programs held pursuant to this section, section 117.441, or section 321.46 of the Revised Code. All registration fees collected under this section shall be paid into the fund. Sec. 117.56. (A) During the course of an audit, including a performance audit, of the department of transportationany state agency or institution of higher education as defined in section 3345.011 of the Revised Code, the auditor of state, an employee of the auditor of state, and any independent accountants or consultants contracted by the auditor of state as necessary to carry out the statutory responsibilities of the auditor of state, may request access to any system the department agency or institution uses or maintains. The director of transportation and employees of the department If the auditor of state requests access, the agency or institution shall provide access subject to the following: (1) The access is read only and is downloadable for analysis; (2) The access is requested after the notice of engagement letter is sent to the agency or institution; (3) Any employee of the auditor of state, or independent accountant or consultant contracted by the auditor of state, who will have access as set forth above, is a national of the United States or Am. Sub. H. B. No. 96 136th G.A. 110 lawful permanent resident of the United States; (4) The data accessed is kept on servers located in the United States. (5) Employees of the agency or institution shall assist the auditor of state, employees of the auditor of state, and independent accountants or consultants contracted by the auditor of state with accessing the department's systems including but not limited to providing a comprehensive list of all the data available and data definitions necessary to understand the systems and data provided to the auditor of state. (B) The auditor of state, employees of the auditor of state, and independent accountants and consultants retained contracted by the auditor of state, shall comply with all state and federal privacy and confidentiality laws, rules, and regulations that apply to the content of the systems the auditor of state accesses. (C) Any system breach, unauthorized access, or unauthorized release of information that results from access under this section shall be reported immediately to the state highway patrol and any other relevant law enforcement agency for criminal investigation. Sec. 118.29. (A) The financial supervisor, or the legislative authority of a municipal corporation, board of county commissioners, or board of township trustees of a municipal corporation, county, or township in fiscal emergency, may make a referral to the attorney general for the creation of a receivership over the municipal corporation, county, or township in fiscal emergency if both the following conditions are met: (1) The municipal corporation, county, or township satisfies either of the following: (a) It has been in a state of fiscal emergency for a continuous period of ten years. (b) It has been in a state of fiscal emergency at least twice in a period of ten years, and the combined period of fiscal emergency is at least five years. (2) The municipal corporation, county, or township has demonstrated one or more of the following, as determined by the financial supervisor: (a) Failure to comply with the applicable budgetary and spending processes in Chapter 5705. of the Revised Code; (b) Failure to ensure that appropriations comply with the financial plan in accordance with section 118.13 of the Revised Code; (c) Assuming debt without the approval of the financial planning and supervision commission in violation of section 118.15 of the Revised Code; (d) Undertaking administrative or legislative action that is not in accordance with the terms of the financial plan or, when applicable, without permission of the commission. (B) Upon receipt of a referral, the attorney general shall promptly file a petition for a receivership with the court of claims. The judge that has served the longest on the court as of the date the petition is filed promptly shall appoint a receiver. The appointed receiver shall satisfy the requirements of section 2735.02 of the Revised Code and shall comply with section 2735.03 of the Revised Code. With the approval of the court, the receiver may request reasonable fees for work Am. Sub. H. B. No. 96 136th G.A. 111 performed including, but not limited to, costs associated with retaining legal counsel, accountants, or other similar advisors that the receiver considers necessary in the performance of the receiver's duties. The fees shall be paid from funds appropriated to the office of budget and management during the period of fiscal emergency. (C) A receiver appointed under this section has all of the following powers and duties in addition to the powers stated in section 2735.04 of the Revised Code: (1) Consult with the legislative authority of the municipal corporation, board of county commissioners, or board of township trustees to make recommendations or, if necessary, to assume responsibility for implementing cost reductions and revenue increases to achieve a balanced budget and carry out the financial plan, and to make reductions in force or spending to resolve the fiscal emergency conditions; (2) Ensure the municipal corporation, county, or township in fiscal emergency complies with all aspects of the financial plan approved by the commission in accordance with section 118.06 of the Revised Code, or as amended in accordance with this chapter. If no financial plan has been approved by the commission in accordance with section 118.06 of the Revised Code, the receiver, after consulting with the legislative authority of the municipal corporation, board of county commissioners, or board of township trustees, shall make recommendations, or assume, if necessary, the responsibility for crafting and submitting the financial plan to the financial planning and supervision commission. (3) Ensure the municipal corporation, county, or township in fiscal emergency complies with any other relevant aspects of this chapter; (4) Provide monthly, written reports about the progress toward resolving the conditions of fiscal emergency to the financial planning and supervision commission, to the legislative authority of the municipal corporation, board of county commissioners, or board of township trustees, and to the mayor or city manager in the case of a municipal corporation; (5) Appear at least quarterly to present information about progress toward resolving the conditions of fiscal emergency at an open meeting and, if allowable under section 121.22 of the Revised Code, in executive session, of the legislative authority of municipal corporation, board of county commissioners, or board of township trustees; (6) Appear at least quarterly to present information about progress toward resolving the conditions of fiscal emergency at an open meeting and, if allowable under section 121.22 of the Revised Code, in executive session, of the financial planning and supervision commission of the municipal corporation, county, or township in fiscal emergency; (7) At the receiver's initiative or upon invitation, attend executive sessions of the legislative authority of the municipal corporation, board of county commissioners, or board of township trustees; (8) Exercise any other powers granted to the receiver by the court necessary to perform the duties stated in this section. Am. Sub. H. B. No. 96 136th G.A. 112 (D)(1) If, in the judgment of the receiver, the criteria required to file for bankruptcy under the "Federal Bankruptcy Act," 11 U.S.C. 101, et seq., are satisfied and no reasonable alternative exists to eliminate the fiscal emergency condition within three years, the receiver may present findings and submit a written recommendation on filing for bankruptcy to the financial planning and supervision commission and the legislative authority of the municipal corporation, board of county commissioners, or board of township trustees. Beginning sixty days after submitting the recommendation, the receiver may initiate bankruptcy proceedings unless both of the following occur: (a) The legislative authority or board adopts an ordinance or resolution, effective within sixty days of receipt of the recommendation, opposing the recommendation. The ordinance or resolution shall specify the legislative authority's or board's plan to satisfy and discharge the debts and liabilities included in the receiver's recommendation for bankruptcy within seven years of the adoption of the ordinance or resolution and promptly alleviate the fiscal emergency conditions using expenditure reductions or available and future tax revenue, including necessary tax rate increases, of the municipal corporation, county, or township. (b) After reviewing the ordinance or resolution under division (D)(1)(a) of this section, the financial planning and supervision commission determines the plan is sufficient to satisfy and discharge the debts and liabilities included in the receiver's recommendation for bankruptcy within seven years of the adoption of the resolution and promptly alleviate the fiscal emergency conditions. If the financial planning and supervision commission determines that the plan is not sufficient, the receiver may initiate bankruptcy proceedings notwithstanding the ordinance or resolution opposing the recommendation. (2) If the financial planning and supervision commission determines under division (D)(1) of this section that the plan is sufficient and the plan requires voted taxes authorized under another Revised Code section, the legislative authority of the municipal corporation, board of county commissioners, or board of trustees shall direct the board of elections to submit the tax question to the electors at the next general election or at a special election conducted on the day of the next primary election in the municipal corporation, township, or county occurring not less than ninety days after the resolution is certified to the board, as applicable under the provision authorizing the tax question. If the taxes are not approved by the electors, the receiver may initiate bankruptcy proceedings, notwithstanding the resolution or ordinance opposing bankruptcy. If the taxes are approved by the electors, the legislative authority of the municipal corporation, board of county commissioners, or board of trustees shall implement the plan to satisfy and discharge the debts and liabilities included in the receiver's recommendation for bankruptcy within seven years of the adoption of the ordinance or resolution and promptly alleviate the fiscal emergency conditions. (E) The court shall terminate the receivership when the municipal corporation, county, or township has corrected and eliminated all of the fiscal emergency conditions determined pursuant to section 118.04 of the Revised Code, and no new fiscal emergency conditions have occurred. Am. Sub. H. B. No. 96 136th G.A. 113 (F) Conditions in division (A) of this section may be applied retroactively in a remedial nature. Sec. 119.03. In the adoption, amendment, or rescission of any rule, an agency shall comply with the following procedure: (A) Reasonable public notice shall be given in the register of Ohio at least thirty days prior to the date set for a hearing, in the form the agency determines. The agency shall file copies of the public notice under division (B) of this section. (The agency gives public notice in the register of Ohio when the public notice is published in the register under that division.) The public notice shall include: (1) A statement of the agency's intention to consider adopting, amending, or rescinding a rule; (2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates; (3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; (4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than the thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed under division (B) of this section. In addition to public notice given in the register of Ohio, the agency may give whatever other notice it reasonably considers necessary to ensure notice constructively is given to all persons who are subject to or affected by the proposed rule, amendment, or rescission. The agency shall provide a copy of the public notice required under division (A) of this section to any person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing. (B) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public notice required under division (A) of this section, shall be filed in electronic form with the secretary of state and with the director of the legislative service commission. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has prepared a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only one notice with the secretary of state and with the director for all of the proposed rules, amendments, or rescissions to which the notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as required by this division at least sixty-five days prior to the date on which the agency, in accordance with division (E) of this section, issues an order adopting the proposed rule, amendment, or rescission. If the proposed rule, amendment, or rescission incorporates a text or other material by reference, the agency shall comply with sections 121.71 to 121.75 of the Revised Code. The proposed rule, amendment, or rescission shall be available for at least thirty days prior to the date of the hearing at the office of the agency in printed or other legible form without charge Am. Sub. H. B. No. 96 136th G.A. 114 to any person affected by the proposal. Failure to furnish such text to any person requesting it shall not invalidate any action of the agency in connection therewith. If the agency files a revision in the text of the proposed rule, amendment, or rescission, it shall also promptly file the full text of the proposed rule, amendment, or rescission in its revised form in electronic form with the secretary of state and with the director of the legislative service commission. The agency shall file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule, amendment, or rescission or proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the director of the legislative service commission. The agency shall file the hearing report relating to a proposed rule, amendment, or rescission in electronic form with the secretary of state and the director of the legislative service commission at the same time the agency files the hearing report with the joint committee on agency rule review. The director of the legislative service commission shall publish in the register of Ohio the full text of the original and each revised version of a proposed rule, amendment, or rescission; the full text of a public notice; the full text of a rule summary and fiscal analysis; and the full text of a hearing report that is filed with the director under this division. (C)(C)(1) When an agency files a proposed rule, amendment, or rescission under division (B) of this section, it also shall file in electronic form with the joint committee on agency rule review the full text of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice required under division (A) of this section. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has given a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules, amendments, or rescissions to which the notice applies.) The proposed rule, amendment, or rescission is subject to legislative review and invalidation under sections 106.02, 106.021, and 106.022, 106.025, and 106.026 of the Revised Code. If the agency makes a revision in a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency promptly shall file the full text of the proposed rule, amendment, or rescission in its revised form in electronic form with the joint committee. An agency shall file the rule summary and fiscal analysis prepared under section 106.024 of the Revised Code in electronic form along with a proposed rule, amendment, or rescission, and along with a proposed rule, amendment, or rescission in revised form, that is filed under this division. If the rule summary and fiscal analysis indicates the rule may have any of the effects listed in division (A) of section 106.025 of the Revised Code, the executive director of the joint committee shall notify the members of the general assembly and include all documentation submitted to the joint committee in the agency's original rule filing with the notice. (2) If a proposed rule, amendment, or rescission has an adverse impact on businesses, the Am. Sub. H. B. No. 96 136th G.A. 115 agency also shall file the business impact analysis, any recommendations received from the common sense initiative office, and the agency's memorandum of response, if any, in electronic form along with the proposed rule, amendment, or rescission, or along with the proposed rule, amendment, or rescission in revised form, that is filed under this division. (3) The agency shall file the hearing report in electronic form with the joint committee before the joint committee holds its public hearing on the proposed rule, amendment, or rescission. The filing of a hearing report does not constitute a revision of the proposed rule, amendment, or rescission to which the hearing report relates. (4) If the proposed rule, amendment, or rescission requires liability insurance, a bond, or any other financial responsibility instrument as a condition of licensure, the agency shall conduct a diligent search to determine if the liability insurance, bond, or other financial responsibility instrument is readily available in the amounts required as a condition of licensure, and shall certify to the joint committee that the search was conducted. (5) If the proposed rule, amendment, or rescission implements a federal law or rule, the agency shall provide to the joint committee a citation to the federal law or rule the proposed rule, amendment, or rescission implements and a statement as to whether the proposed rule implements the federal law or rule in a manner that is more or less stringent or burdensome than the federal law or rule requires. (6) A proposed rule, amendment, or rescission that is subject to legislative review under this division may not be adopted under division (E) of this section or filed in final form under section 119.04 of the Revised Code unless the one of the following applies: (a) The proposed rule, amendment, or rescission has been filed with the joint committee on agency rule review under this division and the time for legislative review of the proposed rule, amendment, or rescission has expired without adoption of a concurrent resolution to invalidate the proposed rule, amendment, or rescission. (b) The proposed rule, amendment, or rescission is subject to section 106.026 of the Revised Code, and a law authorizing its adoption enacted in accordance with Ohio Constitution, Article II, Sections 15 and 16 is in effect. This division (7) Division (C) of this section does not apply to: (1)(a) An emergency rule, amendment, or rescission; (2)(b) A proposed rule, amendment, or rescission that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following: (a)(i) A statement that it is proposed for the purpose of complying with a federal law or rule; (b)(ii) A citation to the federal law or rule that requires verbatim compliance. (3)(c) A proposed rule, amendment, or rescission that, as set forth in section 3719.41 of the Revised Code, must be adopted by the state board of pharmacy pursuant to federal law or rule, to Am. Sub. H. B. No. 96 136th G.A. 116 become effective within sixty days of adoption, so long as the proposed rule contains a statement that it is proposed for the purpose of complying with federal law or rule. (8) If a rule or amendment is exempt from legislative review under division (C)(2)(C)(7)(b) of this section, and if the federal law or rule pursuant to which the rule or amendment was adopted expires, is repealed or rescinded, or otherwise terminates, the rule or amendment, or its rescission, is thereafter subject to legislative review under division (C) of this section. (D) On the date and at the time and place designated in the notice, the agency shall conduct a public hearing at which any person affected by the proposed action of the agency may appear and be heard in person, by the person's attorney, or both, may present the person's position, arguments, or contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or unlawful. An agency may permit persons affected by the proposed rule, amendment, or rescission to present their positions, arguments, or contentions in writing, not only at the hearing, but also for a reasonable period before, after, or both before and after the hearing. A person who presents a position or arguments or contentions in writing before or after the hearing is not required to appear at the hearing. At the hearing, the testimony shall be recorded. Such record shall be made at the expense of the agency. The agency is required to transcribe a record that is not sight readable only if a person requests transcription of all or part of the record and agrees to reimburse the agency for the costs of the transcription. An agency may require the person to pay in advance all or part of the cost of the transcription. In any hearing under this section the agency may administer oaths or affirmations. The agency shall consider the positions, arguments, or contentions presented at, or before or after, the hearing. The agency shall prepare a hearing summary of the positions, arguments, or contentions, and of the issues raised by the positions, arguments, or contentions. The agency then shall prepare a hearing report explaining, with regard to each issue, how it is reflected in the rule, amendment, or rescission. If an issue is not reflected in the rule, amendment, or rescission, the hearing report shall explain why the issue is not reflected. The agency shall include the hearing summary in the hearing report as an appendix thereto. And, in the hearing report, the agency shall identify the proposed rule, amendment, or rescission to which the hearing report relates. (E) After (E)(1) Subject to division (E)(2) of this section, after divisions (A), (B), (C), and (D) of this section have been complied with, and when the time for legislative review under sections 106.02, 106.022, and 106.023, and 106.025 of the Revised Code has expired without adoption of a concurrent resolution to invalidate the proposed rule, amendment, or rescission, the agency may issue an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent with the synopsis or general statement included in the public notice. At that time the agency shall designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the tenth day after the rule, amendment, or rescission has been filed in its final form as Am. Sub. H. B. No. 96 136th G.A. 117 provided in section 119.04 of the Revised Code. (2) If a proposed rule, amendment, or rescission is subject to section 106.026 of the Revised Code, the agency may issue an order adopting the proposed rule or the proposed amendment or rescission of the rule on or after the effective date of the law authorizing adoption enacted in accordance with Ohio Constitution, Article II, Sections 15 and 16. At that time the agency shall designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the tenth day after the rule, amendment, or rescission has been filed in its final form as provided in section 119.04 of the Revised Code. (F) Prior to the effective date of a rule, amendment, or rescission, the agency shall make a reasonable effort to inform those affected by the rule, amendment, or rescission and to have available for distribution to those requesting it the full text of the rule as adopted or as amended. (G)(1) If the governor, upon the request of an agency, determines that an emergency requires the immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of which shall be filed in electronic form with the agency, the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, that the procedure prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission and it becomes effective on the date the rule, amendment, or rescission, in final form and in compliance with division (A)(2) of section 119.04 of the Revised Code, is filed in electronic form with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review. The director shall publish the full text of the emergency rule, amendment, or rescission in the register of Ohio. Except as provided in division (G)(2) of this section, or section 107.43 of the Revised Code, the emergency rule, amendment, or rescission shall become invalid at the end of the one hundred twentieth day it is in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use the procedure of division (G)(1) of this section to readopt the emergency rule, amendment, or rescission so that, upon the emergency rule, amendment, or rescission becoming invalid under division (G)(1) of this section, the emergency rule, amendment, or rescission will continue in effect without interruption for another one-hundred-twenty-day period, except when section 106.02 of the Revised Code prevents the agency from adopting the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within the one- hundred-twenty-day period. Division (G)(1) of this section does not apply to the adoption of any emergency rule, amendment, or rescission by the tax commissioner under division (C)(2) of section 5117.02 of the Revised Code. (2) An emergency rule or amendment adding a substance to a controlled substance schedule Am. Sub. H. B. No. 96 136th G.A. 118 shall become invalid at the end of the one hundred eightieth day it is in effect. Prior to that date, the state board of pharmacy may adopt the emergency rule or amendment as a nonemergency rule or amendment by complying with the procedure prescribed by this section for adoption and amendment of nonemergency rules. The board shall not use the procedure of division (G)(1) of this section to readopt the emergency rule or amendment so that, upon the emergency rule or amendment becoming invalid under division (G)(2) of this section, the emergency rule or amendment will continue in effect beyond the one-hundred-eighty-day period. (3) The general assembly, by adopting a concurrent resolution, and in accordance with section 107.43 of the Revised Code, may do either of the following: (a) Invalidate, in whole or in part, an emergency rule adopted or amended by an agency in response to a state of emergency, as defined under section 107.42 of the Revised Code, under division (G)(1) of this section; (b) Authorize an agency to readopt, in whole or in part, a rule that was rescinded in response to a state of emergency under division (G)(1) of this section. (H) Rules adopted by an authority within the department of job and family services for the administration or enforcement of Chapter 4141. of the Revised Code or of the department of taxation shall be effective without a hearing as provided by this section if the statutes pertaining to such agency specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency or to a court, and also give the appellant a right to a hearing on such appeal. This division does not apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division (C)(1) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax appeals or of the higher authority within such agency. Sec. 119.04. (A)(1) Any rule adopted by any agency shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (A)(2) of this section is filed as follows: (a) The rule shall be filed in electronic form with both the secretary of state and the director of the legislative service commission; (b) The rule shall be filed in electronic form with the joint committee on agency rule review. Division (A)(1)(b) of this section does not apply to any rule to which division (C) of section 119.03 of the Revised Code does not apply. If an agency in adopting a rule designates an effective date that is later than the effective date provided for by this division, the rule if filed as required by this division shall become effective on the later date designated by the agency. An agency that adopts or amends a rule that is subject to section 106.03 of the Revised Code shall assign a review date to the rule that is not later than five years after its effective date. If a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 106.03 of Am. Sub. H. B. No. 96 136th G.A. 119 the Revised Code. (2) The agency shall file the rule in compliance with the following standards and procedures: (a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code. (b) The rule shall be prepared and submitted in compliance with the rules section 103.05 of the Revised Code and the rule drafting manual of the legislative service commission. (c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known. (d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended. If the director of the legislative service commission or the director's designee gives an agency notice pursuant to section 103.05 of the Revised Code that a rule filed by the agency is not in compliance with the rules section 103.05 of the Revised Code and the rule drafting manual of the commission, the agency shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice. (3) As used in this section, "rule" includes an amendment or rescission of a rule. (B) The secretary of state and the director shall preserve the rules filed under division (A)(1) (a) of this section in an accessible manner. Each such rule shall be a public record open to public inspection and may be transmitted to any law publishing company that wishes to reproduce it. Sec. 120.06. (A)(1) The state public defender, when designated by the court or requested by a county public defender or joint county public defender, may provide legal representation in all courts throughout the state to indigent adults and juveniles who are charged with the commission of an offense or act for which the penalty or any possible adjudication includes the potential loss of liberty. (2) The state public defender may provide legal representation to any indigent person who, while incarcerated in any state correctional institution, is charged with a felony offense, for which the penalty or any possible adjudication that may be imposed by a court upon conviction includes the potential loss of liberty. (3) The state public defender may provide legal representation to any person incarcerated in any correctional institution of the state, in any matter in which the person asserts the person is unlawfully imprisoned or detained. (4) The state public defender, in any case in which the state public defender has provided legal representation or is requested to do so by a county public defender or joint county public defender, may provide legal representation on appeal. (5) The (5)(a) Except as provided in division (A)(5)(b) of this section, the state public defender, when designated by the court or requested by a county public defender, joint county public defender, or the director of rehabilitation and correction, shall provide legal representation in parole and probation revocation matters or matters relating to the revocation of community control or post- Am. Sub. H. B. No. 96 136th G.A. 120 release control under a community control sanction or post-release control sanction, unless the state public defender finds that the alleged parole or probation violator or alleged violator of a community control sanction or post-release control sanction has the financial capacity to retain the alleged violator's own counsel. (b) If the state public defender determines that the state public defender does not have the capacity to provide the legal representation described in division (A)(5)(a) of this section, the state public defender may contract with private legal counsel to provide the legal representation described in that division. (6) If the state public defender contracts with a county public defender commission, a joint county public defender commission, or a board of county commissioners for the provision of services, under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall provide legal representation in accordance with the contract. (B) The state public defender shall not be required to prosecute any appeal, postconviction remedy, or other proceeding pursuant to division (A)(3), (4), or (5) of this section, unless the state public defender first is satisfied that there is arguable merit to the proceeding. (C) A court may appoint counsel or allow an indigent person to select the indigent's own personal counsel to assist the state public defender as co-counsel when the interests of justice so require. When co-counsel is appointed to assist the state public defender, the co-counsel shall receive any compensation that the court may approve, not to exceed the amounts provided for in section 2941.51 of the Revised Code. (D)(1) When the state public defender is designated by the court or requested by a county public defender or joint county public defender to provide legal representation for an indigent person in any case, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill detailing the actual cost of the representation that separately itemizes legal fees and expenses. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay the state public defender one hundred per cent of the amount identified as legal fees and expenses in the itemized bill. (2) Upon payment of the itemized bill under division (D)(1) of this section, the county may submit the cost of the legal fees and expenses to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code. (3) When the state public defender provides investigation or mitigation services to private appointed counsel or to a county or joint county public defender as approved by the appointing court, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill itemizing the actual cost of the services provided. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay one hundred per cent of the amount as set forth in the itemized bill. Upon payment of the itemized bill received pursuant to this Am. Sub. H. B. No. 96 136th G.A. 121 division, the county may submit the cost of the investigation and mitigation services to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code. (4) There is hereby created in the state treasury the county representation fund for the deposit of moneys received from counties under this division. All moneys credited to the fund shall be used by the state public defender to provide legal representation for indigent persons when designated by the court or requested by a county or joint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court. (5) If the state public defender determines that the state public defender does not have the capacity to provide the legal representation described in division (A)(5)(a) of this section and the state public defender contracts with private legal counsel to provide the legal representation, the state public defender shall directly pay private legal counsel's fees and expenses from the indigent defense support fund pursuant to section 120.08 of the Revised Code. (E)(1) Notwithstanding any contrary provision of sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code that pertains to representation by the attorney general, an assistant attorney general, or special counsel of an officer or employee, as defined in section 109.36 of the Revised Code, or of an entity of state government, the state public defender may elect to contract with, and to have the state pay pursuant to division (E)(2) of this section for the services of, private legal counsel to represent the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, and attorneys described in division (C) of section 120.41 of the Revised Code in a malpractice or other civil action or proceeding that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, or in a civil action that is based upon alleged violations of the constitution or statutes of the United States, including section 1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arises from alleged actions or omissions related to responsibilities derived pursuant to this chapter, if the state public defender determines, in good faith, that the defendant in the civil action or proceeding did not act manifestly outside the scope of the defendant's employment or official responsibilities, with malicious purpose, in bad faith, or in a wanton or reckless manner. If the state public defender elects not to contract pursuant to this division for private legal counsel in a civil action or proceeding, then, in accordance with sections 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the attorney general shall represent or provide for the representation of the Ohio public defender commission, the state public defender, assistant state public defenders, other employees of the commission or the state public defender, or attorneys described in division (C) of section 120.41 of the Revised Code in the civil action or proceeding. (2)(a) Subject to division (E)(2)(b) of this section, payment from the state treasury for the services of private legal counsel with whom the state public defender has contracted pursuant to division (E)(1) of this section shall be accomplished only through the following procedure: Am. Sub. H. B. No. 96 136th G.A. 122 (i) The private legal counsel shall file with the attorney general a copy of the contract; a request for an award of legal fees, court costs, and expenses earned or incurred in connection with the defense of the Ohio public defender commission, the state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding; a written itemization of those fees, costs, and expenses, including the signature of the state public defender and the state public defender's attestation that the fees, costs, and expenses were earned or incurred pursuant to division (E)(1) of this section to the best of the state public defender's knowledge and information; a written statement whether the fees, costs, and expenses are for all legal services to be rendered in connection with that defense, are only for legal services rendered to the date of the request and additional legal services likely will have to be provided in connection with that defense, or are for the final legal services rendered in connection with that defense; a written statement indicating whether the private legal counsel previously submitted a request for an award under division (E)(2) of this section in connection with that defense and, if so, the date and the amount of each award granted; and, if the fees, costs, and expenses are for all legal services to be rendered in connection with that defense or are for the final legal services rendered in connection with that defense, a certified copy of any judgment entry in the civil action or proceeding or a signed copy of any settlement agreement entered into between the parties to the civil action or proceeding. (ii) Upon receipt of a request for an award of legal fees, court costs, and expenses and the requisite supportive documentation described in division (E)(2)(a)(i) of this section, the attorney general shall review the request and documentation; determine whether any of the limitations specified in division (E)(2)(b) of this section apply to the request; and, if an award of legal fees, court costs, or expenses is permissible after applying the limitations, prepare a document awarding legal fees, court costs, or expenses to the private legal counsel. The document shall name the private legal counsel as the recipient of the award; specify the total amount of the award as determined by the attorney general; itemize the portions of the award that represent legal fees, court costs, and expenses; specify any limitation applied pursuant to division (E)(2)(b) of this section to reduce the amount of the award sought by the private legal counsel; state that the award is payable from the state treasury pursuant to division (E)(2)(a)(iii) of this section; and be approved by the inclusion of the signatures of the attorney general, the state public defender, and the private legal counsel. (iii) The attorney general shall forward a copy of the document prepared pursuant to division (E)(2)(a)(ii) of this section to the director of budget and management. The award of legal fees, court costs, or expenses shall be paid out of the state public defender's appropriations, to the extent there is a sufficient available balance in those appropriations. If the state public defender does not have a sufficient available balance in the state public defender's appropriations to pay the entire award of legal fees, court costs, or expenses, the director shall make application for a transfer of appropriations out of the emergency purposes account or any other appropriation for emergencies or contingencies in an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations. A transfer of appropriations out of the Am. Sub. H. B. No. 96 136th G.A. 123 emergency purposes account or any other appropriation for emergencies or contingencies shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests, or requests for releases from the other appropriation. If a transfer of appropriations out of the emergency purposes account or other appropriation for emergencies or contingencies is made to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, the director shall cause the payment to be made to the private legal counsel. If sufficient moneys do not exist in the emergency purposes account or other appropriation for emergencies or contingencies to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, the private legal counsel shall request the general assembly to make an appropriation sufficient to pay an amount equal to the portion of the award that exceeds the sufficient available balance in the state public defender's appropriations, and no payment in that amount shall be made until the appropriation has been made. The private legal counsel shall make the request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. (b) An award of legal fees, court costs, and expenses pursuant to division (E) of this section is subject to the following limitations: (i) The maximum award or maximum aggregate of a series of awards of legal fees, court costs, and expenses to the private legal counsel in connection with the defense of the Ohio public defender commission, the state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding shall not exceed fifty thousand dollars. (ii) The private legal counsel shall not be awarded legal fees, court costs, or expenses to the extent the fees, costs, or expenses are covered by a policy of malpractice or other insurance. (iii) The private legal counsel shall be awarded legal fees and expenses only to the extent that the fees and expenses are reasonable in light of the legal services rendered by the private legal counsel in connection with the defense of the Ohio public defender commission, the state public defender, an assistant state public defender, an employee, or an attorney in a specified civil action or proceeding. (c) If, pursuant to division (E)(2)(a) of this section, the attorney general denies a request for an award of legal fees, court costs, or expenses to private legal counsel because of the application of a limitation specified in division (E)(2)(b) of this section, the attorney general shall notify the private legal counsel in writing of the denial and of the limitation applied. (d) If, pursuant to division (E)(2)(c) of this section, a private legal counsel receives a denial of an award notification or if a private legal counsel refuses to approve a document under division (E)(2)(a)(ii) of this section because of the proposed application of a limitation specified in division (E)(2)(b) of this section, the private legal counsel may commence a civil action against the attorney general in the court of claims to prove the private legal counsel's entitlement to the award sought, to prove that division (E)(2)(b) of this section does not prohibit or otherwise limit the award sought, and to recover a judgment for the amount of the award sought. A civil action under division (E)(2) Am. Sub. H. B. No. 96 136th G.A. 124 (d) of this section shall be commenced no later than two years after receipt of a denial of award notification or, if the private legal counsel refused to approve a document under division (E)(2)(a)(ii) of this section because of the proposed application of a limitation specified in division (E)(2)(b) of this section, no later than two years after the refusal. Any judgment of the court of claims in favor of the private legal counsel shall be paid from the state treasury in accordance with division (E)(2)(a) of this section. (F) If a court appoints the office of the state public defender to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant state public defender, the state public defender, or another attorney, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed. (G)(1) The state public defender may conduct a legal assistance referral service for children committed to the department of youth services relative to conditions of confinement claims. If the legal assistance referral service receives a request for assistance from a child confined in a facility operated, or contracted for, by the department of youth services and the state public defender determines that the child has a conditions of confinement claim that has merit, the state public defender may refer the child to a private attorney. If no private attorney who the child has been referred to by the state public defender accepts the case within a reasonable time, the state public defender may prepare, as appropriate, pro se pleadings in the form of a complaint regarding the conditions of confinement at the facility where the child is confined with a motion for appointment of counsel and other applicable pleadings necessary for sufficient pro se representation. (2) Division (G)(1) of this section does not authorize the state public defender to represent a child committed to the department of youth services in general civil matters arising solely out of state law. (3) The state public defender shall not undertake the representation of a child in court based on a conditions of confinement claim arising under this division. (H) A child's right to representation or services under this section is not affected by the child, or another person on behalf of the child, previously having paid for similar representation or services or having waived legal representation. (I) The state public defender shall have reasonable access to any child committed to the department of youth services, department of youth services institution, and department of youth services record as needed to implement this section. (J) As used in this section: (1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (2) "Conditions of confinement" means any issue involving a constitutional right or other Am. Sub. H. B. No. 96 136th G.A. 125 civil right related to a child's incarceration, including, but not limited to, actions cognizable under 42 U.S.C. 1983. (3) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code. Sec. 120.08. There is hereby created in the state treasury the indigent defense support fund, consisting of money paid into the fund pursuant to sections 4507.45, 4509.101, 4510.22, and 4511.19 of the Revised Code and pursuant to sections 2937.22, 2949.091, and 2949.094 of the Revised Code out of the additional court costs imposed under those sections. The state public defender shall use at least eighty-three per cent of the money in the fund for the purposes of reimbursing county governments for expenses incurred pursuant to sections 120.18, 120.28, and 120.33 of the Revised Code and , operating its system pursuant to division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code, and directly paying private legal counsel's fees and expenses incurred pursuant to division (D)(5) of section 120.06 of the Revised Code. Disbursements from the fund to county governments shall be made at least once per year and shall be allocated proportionately so that each county receives an equal percentage of its cost for operating its county public defender system, its joint county public defender system, its county appointed counsel system, or its system operated under division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code. The state public defender may use not more than seventeen per cent of the money in the fund for the purposes of appointing assistant state public defenders, providing other personnel, equipment, and facilities necessary for the operation of the state public defender office, and providing training, developing and implementing electronic forms, or establishing and maintaining an information technology system used for the uniform operation of this chapter. 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 director of health; (H) The department of job and family services, which shall be administered by the director of job and family services; Am. Sub. H. B. No. 96 136th G.A. 126 (I) The department of children and youth, which shall be administered by the director of children and youth; (J) The department of public safety, which shall be administered by the director of public safety; (K) The department of mental behavioral health and addiction services, which shall be administered by the director of mental behavioral 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, which shall be administered by the director of development; (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; (U) The department of education and workforce, which shall be administered by the director of education and workforce. 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) The director of children and youth; (G) The director of public safety; (H) The superintendent of insurance; (I) The director of development; Am. Sub. H. B. No. 96 136th G.A. 127 (J) The tax commissioner; (K) The director of administrative services; (L) The director of natural resources; (M) The director of mental behavioral 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; (X) The director of education and workforce. Sec. 121.085. The financial literacy education fund is hereby created in the state treasury. The fund shall consist of funds transferred to it from the consumer finance fund pursuant to section 1321.21 of the Revised Code. The fund shall be used to support various adult financial literacy education programs developed or implemented by the director of commerce. The fund shall be administered by the director of commerce who shall adopt rules for the distribution of fund moneys. The director of commerce shall adopt a rule to require that at least one-half of the financial literacy education programs developed or implemented pursuant to this section, and offered to the public, be presented by or available at public community colleges or state institutions throughout the state. The director of commerce shall deliver to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, and the governor an annual report that includes an outline of each adult financial literacy education program developed or implemented, the number of individuals who were educated by each program, and an accounting for all funds distributed. Sec. 121.16. Not later than ten days after receiving notice from the federal government about a reduction or other modification to federal funding a state agency receives, the state agency that received the notice shall submit a copy to the president of the senate, or the president's designee, and to the speaker of the house of representatives, or the speaker's designee. Not later than ten days after receiving notice from the federal government that a state program is or may be out of compliance with federal requirements, the state agency that received the notice shall submit a copy to the president of the senate, or the president's designee, and to the speaker of the house of representatives, or the speaker's designee. Am. Sub. H. B. No. 96 136th G.A. 128 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. (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 Am. Sub. H. B. No. 96 136th G.A. 129 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 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 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; Am. Sub. H. B. No. 96 136th G.A. 130 (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 5180.27 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; (20) Meetings of the officers, members, or directors of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code, at which the public business of the corporation pertaining to a purpose for which the district is created is not discussed; (21) Meetings of a domestic violence fatality review board established under section 307.651 of the Revised Code; (22) Any nonprofit agency that has received an endorsement under section 122.69 5101.315 of the Revised Code. (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: (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- Am. Sub. H. B. No. 96 136th G.A. 131 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 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 Am. Sub. H. B. No. 96 136th G.A. 132 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; (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 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 Am. Sub. H. B. No. 96 136th G.A. 133 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 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) 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) 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) 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. (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 Am. Sub. H. B. No. 96 136th G.A. 134 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. 121.35. (A) Subject to division (B) of this section, the following state agencies shall collaborate to revise and make more uniform the eligibility standards and eligibility determination procedures of programs the state agencies administer: (1) The department of aging; (2) The department of development; (3) The department of developmental disabilities; (4) The department of education and workforce; (5) The department of health; (6) The department of job and family services; (7) The department of medicaid; (8) The department of mental behavioral health and addiction services; (9) The opportunities for Ohioans with disabilities agency; (10) The department of children and youth. (B) In revising eligibility standards and eligibility determination procedures, a state agency shall not make any program's eligibility standards or eligibility determination procedures inconsistent with state or federal law. To the extent authorized by state and federal law, the revisions may provide for the state agencies to share administrative operations. Sec. 121.36. (A) As used in this section, "home care dependent adult" means an individual who resides in a private home or other noninstitutional and unlicensed living arrangement, without the presence of a parent or guardian, but has health and safety needs that require the provision of regularly scheduled home care services to remain in the home or other living arrangement because one of the following is the case: (1) The individual is at least twenty-one years of age but less than sixty years of age and has a physical disability or mental impairment. (2) The individual is sixty years of age or older, regardless of whether the individual has a physical disability or mental impairment. (B) Except as provided in division (D) of this section, the departments of developmental disabilities, aging, job and family services, and health shall each implement this section with respect to all contracts entered into by the department for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Except as provided in division (D) of this section, each department shall also require all public and private Am. Sub. H. B. No. 96 136th G.A. 135 entities that receive money from or through the department to comply with this section when entering into contracts for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Such entities may include county boards of developmental disabilities, area agencies on aging, county departments of job and family services, and boards of health of city and general health districts. (C) Beginning one year after September 26, 2003, each Each contract subject to this section shall include terms requiring that the provider of home care services to home care dependent adults have a system in place that effectively monitors the delivery of the services by its employees. To be considered an effective monitoring system for purposes of the contract, the system established by a provider must include at least the following components: (1) When providing home care services to home care dependent adults who have a mental impairment or life-threatening health condition, a mechanism to verify whether the provider's employees are present at the location where the services are to be provided and at the time the services are to be provided; (2) When providing home care services to all other home care dependent adults, a system to verify at the end of each working day whether the provider's employees have provided the services at the proper location and time; (3) A protocol to be followed in scheduling a substitute employee when the monitoring system identifies that an employee has failed to provide home care services at the proper location and time, including standards for determining the length of time that may elapse without jeopardizing the health and safety of the home care dependent adult; (4) Procedures for maintaining records of the information obtained through the monitoring system; (5) Procedures for compiling annual reports of the information obtained through the monitoring system, including statistics on the rate at which home care services were provided at the proper location and time; (6) Procedures for conducting random checks of the accuracy of the monitoring system. For purposes of conducting these checks, a random check is considered to be a check of not more than five per cent of the home care visits the provider's employees make to different home care dependent adults within a particular work shift. (D) In implementing this section, the departments shall exempt providers the following from the section's requirements: (1) Providers of home care services who are self-employed providers with no other employees or are otherwise considered by the departments not to be agency providers. The departments shall conduct a study on how the exempted providers may be made subject to the requirement of effectively monitoring whether home care services are being provided and have been provided at the proper location and time. Not later than two years after September 26, 2003, the departments shall prepare a report of their findings and recommendations. The report shall be Am. Sub. H. B. No. 96 136th G.A. 136 submitted to the president of the senate and the speaker of the house of representatives; (2) Providers who utilize an electronic visit verification system as described in section 12006 of the "21st Century Cures Act of 2016," 42 U.S.C. 1903(l). (E) The departments of developmental disabilities, aging, job and family services, and health shall each adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. Sec. 121.37. (A)(1) There is hereby created the Ohio family and children first cabinet council. The council shall be composed of the director of education and workforce, the executive director of the opportunities for Ohioans with disabilities agency, the medicaid director, and the directors of youth services, job and family services, mental behavioral health and addiction services, health, developmental disabilities, aging, rehabilitation and correction, children and youth, and budget and management. The chairperson of the council shall be the governor or the governor's designee and shall establish procedures for the council's internal control and management. The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children. (2) In seeking to fulfill its purpose, the council may do any of the following: (a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children; (b) Advise and assess local governments on the coordination of service delivery to children; (c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records identifying individual children are confidential and shall be disclosed only as provided by law; (d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system; (e) Enter into contracts with and administer grants to county family and children first councils, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children; (f) Enter into contracts with and apply for grants from federal agencies or private organizations; (g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds; (h) Identify public and private funding sources for services provided to alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children, including regulations governing access to and use of the services; (i) Collect information provided by local communities regarding successful programs for prevention, intervention, and treatment of unruly behavior, including evaluations of the programs; Am. Sub. H. B. No. 96 136th G.A. 137 (j) Identify and disseminate publications regarding alleged or adjudicated unruly children and children who are at risk of being alleged or adjudicated unruly children and regarding programs serving those types of children; (k) Maintain an inventory of strategic planning facilitators for use by government or nonprofit entities that serve alleged or adjudicated unruly children or children who are at risk of being alleged or adjudicated unruly children. (3) The cabinet council shall provide for the following: (a) Reviews of service and treatment plans for children for which such reviews are requested; (b) Assistance as the council determines to be necessary to meet the needs of children referred by county family and children first councils; (c) Monitoring and supervision of a statewide, comprehensive, coordinated, multi- disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of children and youth for early intervention services under the "Individuals with Disabilities Education Act of 2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended; (d) Establishing and maintaining the Ohio automated service coordination system pursuant to section 121.376 of the Revised Code. (4) The cabinet council shall develop and implement the following: (a) An interagency process to select the indicators that will be used to measure progress toward increasing child well-being in the state and to update the indicators on an annual basis. (b) An interagency system to offer guidance and monitor progress toward increasing child well-being in the state and in each county; (c) An annual plan that identifies state-level agency efforts taken to ensure progress towards increasing child well-being in the state; (d) A state appeals process to resolve disputes among the members of a county council, established under division (B) of this section, concerning whether reasonable responsibilities are being shared. The appeals process may be accessed only by a majority vote of the council members who are required to serve on the council. Upon appeal, the cabinet council may order that state funds for services to children and families be redirected to a county's board of county commissioners. (5) On an annual basis, the cabinet council shall submit to the governor and the general assembly a report on the status of efforts to increase child well-being in the state. This report shall be made available to any other person on request. (6) The cabinet council state office may adopt rules governing the responsibilities of county family and children first councils established in division (B)(3)(B)(5) of this section. (B)(1) Each Except as provided in division (B)(2) of this section, each board of county commissioners shall establish a county family and children first council. The board may invite any local public or private agency or group that funds, advocates, or provides services to children and Am. Sub. H. B. No. 96 136th G.A. 138 families to have a representative become a permanent or temporary member of its county council. Each county council must include the following individuals: (a) At least three individuals who are not employed by an agency represented on the council and whose families are receiving or have received services from an agency represented on the council or another county's council. If such an individual is employed by an agency represented on the council, the individual shall complete a conflict of interest disclosure form and abstain from any vote that involves the agency that employs the individual. Where possible, the number of members representing families shall may be equal to twenty per cent of the council's membership. (b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards. If a board of alcohol, drug addiction, and mental health services covers more than one county, the director may designate a person to participate on the county's council. (c) The health commissioner, or the commissioner's designee, of the board of health of each city and general health district in the county. If the county has two or more health districts, the health commissioner membership may be limited to the commissioners of the two districts with the largest populations. (d) The director of the county department of job and family services; (e) The executive director of the public children services agency; (f) The superintendent of the county board of developmental disabilities or, if the superintendent serves as superintendent of more than one county board of developmental disabilities, the superintendent's designee; (g) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, or a district-level administrative designee with decision- making authority, as determined by the department of education and workforce, which shall notify each board of county commissioners of its determination at least biennially; (h) A school superintendent representing all other school districts with territory in the county, or a district-level administrative designee with decision-making authority, as designated at a biennial meeting of the superintendents of those districts; (i) A representative of the municipal corporation with the largest population in the county; (j) The president of the board of county commissioners or an individual designated by the board; (k) A representative of the department of youth services or an individual designated by the department; (l) A representative of the county's head start agencies, as defined in section 3301.32 of the Revised Code; (m) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Am. Sub. H. B. No. 96 136th G.A. 139 Act of 2004"; (n) A representative of a local nonprofit entity that funds, advocates, or provides services to children and families. Notwithstanding any other provision of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties of the council, including those involving the funding of joint projects and those outlined in the county's service coordination mechanism implemented pursuant to division (C) of this section. The county's juvenile court judge senior in service or another judge of the juvenile court designated by the administrative judge or, where there is no administrative judge, by the judge senior in service shall serve as the judicial advisor to the county family and children first council. The judge may advise the county council on the court's utilization of resources, services, or programs provided by the entities represented by the members of the county council and how those resources, services, or programs assist the court in its administration of justice. Service of a judge as a judicial advisor pursuant to this section is a judicial function. (2) By passing a resolution, a board of county commissioners may decide not to establish or maintain a county family and children first council for the county if the board determines that all of the following conditions exist: (a) Alternative programs and services exist in the county to meet the needs of those served by a family and children first council. (b) A family and children first council for the county is not or would not be sufficiently funded to make the council financially sustainable. (c) The director of the county department of job and family services, executive director of the public children services agency, and county board of developmental disabilities each recommend to the board of county commissioners not to establish or maintain a county family and children first council. (3) A county's board of county commissioners that has decided to not establish or maintain a county family and children first council may reconsider the decision at any time but shall do so not later than five years after the date the resolution passed. In reconsidering the decision, the board of county commissioners shall determine whether all the conditions described in division (B)(2) of this section exist. (4) The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following: (a) Referrals to the cabinet council of those children for whom the county council cannot provide adequate services; (b) Development and implementation of a process that annually evaluates and prioritizes services, fills service gaps where possible, and invents new approaches to achieve better results for families and children; Am. Sub. H. B. No. 96 136th G.A. 140 (c) Participation in the development of a countywide, comprehensive, coordinated, multi- disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of children and youth for early intervention services under the "Individuals with Disabilities Education Act of 2004"; (d) Maintenance of an accountability system to monitor the county council's progress in achieving results for families and children; (e) Establishment of a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system. (3)(5) A county council shall develop and implement the following: (a) An interagency process to establish local indicators and monitor the county's progress toward increasing child well-being in the county; (b) An interagency process to identify local priorities to increase child well-being. (c) An annual plan that identifies the county's interagency efforts to increase child well-being in the county. On an annual basis, the county council shall submit a report on the status of efforts by the county to increase child well-being in the county to the county's board of county commissioners and the cabinet council. This report shall be made available to any other person on request. (4)(a)(6)(a) Except as provided in division (B)(4)(b)(B)(6)(b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council whenever the county council performs a function subject to those rules or agreements. (b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement an alternative program or approach for service delivery to families and children. The application shall describe the proposed program or approach and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program or approach is being implemented, including a reasonable period during which the program or approach is being evaluated for effectiveness. (5)(a)(7)(a) Each county council shall designate an administrative agent for the council from among the following public entities: the board of alcohol, drug addiction, and mental health services, including a board of alcohol and drug addiction or a community mental health board if the county is served by separate boards; the board of county commissioners; any board of health of the county's city and general health districts; the county department of job and family services; the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code; the county board of developmental disabilities; any of the county's boards of education or Am. Sub. H. B. No. 96 136th G.A. 141 governing boards of educational service centers; or the county's juvenile court. Any of the foregoing public entities, other than the board of county commissioners, may decline to serve as the council's administrative agent. A county council's administrative agent shall serve as the council's appointing authority for any employees of the council. The council shall file an annual budget with its administrative agent, with copies filed with the county auditor and with the board of county commissioners, unless the board is serving as the council's administrative agent. The council's administrative agent shall ensure that all expenditures are handled in accordance with policies, procedures, and activities prescribed by state departments in rules, grant agreements, or interagency agreements that are applicable to the council's functions. The administrative agent of a county council shall may send notice of a member's absence if a member listed in division (B)(1) of this section has been absent from either three consecutive meetings of the county council or a county council subcommittee, or from one-quarter of such meetings in a calendar year, whichever is less. The notice shall be sent to the board of county commissioners that establishes the county council and, for the members listed in divisions (B)(1)(b), (c), (e), and (l) of this section, to the governing board overseeing the respective entity; for the member listed in division (B)(1)(f) of this section, to the county board of developmental disabilities that employs the superintendent; for a member listed in division (B)(1)(g) or (h) of this section, to the school board that employs the superintendent; for the member listed in division (B)(1)(i) of this section, to the mayor of the municipal corporation; for the member listed in division (B)(1)(k) of this section, to the director of youth services; and for the member listed in division (B)(1)(n) of this section, to that member's board of trustees. The administrative agent for a county council may do any of the following on behalf of the council: (i) Enter into agreements or administer contracts with public or private entities to fulfill specific council business. Such agreements and contracts are exempt from the competitive bidding requirements of section 307.86 of the Revised Code if they have been approved by the county council and they are for the purchase of services for families and children. The approval of the county council is not required to exempt agreements or contracts entered into under section 5139.34, 5139.41, or 5139.43 of the Revised Code from the competitive bidding requirements of section 307.86 of the Revised Code. (ii) As determined by the council, provide financial stipends, reimbursements, or both, to family representatives for expenses related to council activity; (iii) Receive by gift, grant, devise, or bequest any moneys, lands, or other property for the purposes for which the council is established. The agent shall hold, apply, and dispose of the moneys, lands, or other property according to the terms of the gift, grant, devise, or bequest. Any interest or earnings shall be treated in the same manner and are subject to the same terms as the gift, grant, devise, or bequest from which it accrues. Am. Sub. H. B. No. 96 136th G.A. 142 (b)(i) If the county council designates the board of county commissioners as its administrative agent, the board may, by resolution, delegate any of its powers and duties as administrative agent to an executive committee the board establishes from the membership of the county council. The board shall name to the executive committee at least the individuals described in divisions (B)(1)(b) to (h) of this section and may appoint the president of the board or another individual as the chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council. (ii) The executive committee may, with the approval of the board, hire an executive director to assist the county council in administering its powers and duties. The executive director shall serve in the unclassified civil service at the pleasure of the executive committee. The executive director may, with the approval of the executive committee, hire other employees as necessary to properly conduct the county council's business. (iii) The board may require the executive committee to submit an annual budget to the board for approval and may amend or repeal the resolution that delegated to the executive committee its authority as the county council's administrative agent. (6)(8) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council. (7)(9) A board of county commissioners may approve a resolution by a majority vote of the board's members that requires the county council to submit a statement to the board each time the council proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families. The statement shall describe the proposed agreement, plan, or decision. Not later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision. An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if it is approved by the board. (C) Each county shall develop a county service coordination mechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the early intervention program, the main provider of service coordination shall be an early intervention service coordinator to ensure Am. Sub. H. B. No. 96 136th G.A. 143 compliance with section 5123.02 5180.30 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. The mechanism shall be developed and approved with the participation of the county entities representing child welfare; developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council; and the county early intervention collaborative established pursuant to the federal early intervention program operated under the "Individuals with Disabilities Education Act of 2004." The county shall establish an implementation schedule for the mechanism. The cabinet council may monitor the implementation and administration of each county's service coordination mechanism. Each mechanism shall include all of the following: (1) A procedure for an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the mechanism; (2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to participate in all family service coordination plan meetings; (3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting; (4) A procedure for ensuring that a family service coordination plan meeting is conducted for each child who receives service coordination under the mechanism and for whom an emergency out-of-home placement has been made or for whom a nonemergency out-of-home placement is being considered. The meeting shall be conducted within ten days of an emergency out-of-home placement. The meeting shall be conducted before a nonemergency out-of-home placement. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment. (5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education; (6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan; (7) A procedure for assessing the needs and strengths of any child or family that has been referred to the council for service coordination, including a child whose parent or custodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate; (8) A procedure for development of a family service coordination plan described in division Am. Sub. H. B. No. 96 136th G.A. 144 (D) of this section; (9) A local dispute resolution process to serve as the process that must be used first to resolve disputes among the agencies represented on the county council concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, alleged unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The local dispute resolution process shall comply with sections 121.38, 121.381, and 121.382 of the Revised Code. The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code. The cabinet council shall adopt rules in accordance with Chapter 119. of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a local dispute resolution process. Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court or public children services agency regarding an out-of-home placement, long-term placement, or emergency out-of-home placement. (D) Each county shall develop a family service coordination plan that does all of the following: (1) Designates service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services; (2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process; (3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible. (4) Includes a process for dealing with a child who is alleged to be an unruly child. The process shall include methods to divert the child from the juvenile court system; (5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals; (6) Includes a plan for dealing with short-term crisis situations and safety concerns. (E)(1) The process provided for under division (D)(4) of this section may include, but is not Am. Sub. H. B. No. 96 136th G.A. 145 limited to, the following: (a) Designation of the person or agency to conduct the assessment of the child and the child's family as described in division (C)(7) of this section and designation of the instrument or instruments to be used to conduct the assessment; (b) An emphasis on the personal responsibilities of the child and the parental responsibilities of the parents, guardian, or custodian of the child; (c) Involvement of local law enforcement agencies and officials. (2) The method to divert a child from the juvenile court system that must be included in the service coordination process may include, but is not limited to, the following: (a) The preparation of a complaint under section 2151.27 of the Revised Code alleging that the child is an unruly child and notifying the child and the parents, guardian, or custodian that the complaint has been prepared to encourage the child and the parents, guardian, or custodian to comply with other methods to divert the child from the juvenile court system; (b) Conducting a meeting with the child, the parents, guardian, or custodian, and other interested parties to determine the appropriate methods to divert the child from the juvenile court system; (c) A method to provide to the child and the child's family a short-term respite from a short- term crisis situation involving a confrontation between the child and the parents, guardian, or custodian; (d) A program to provide a mentor to the child or the parents, guardian, or custodian; (e) A program to provide parenting education to the parents, guardian, or custodian; (f) An alternative school program for children who are truant from school, repeatedly disruptive in school, or suspended or expelled from school; (g) Other appropriate measures, including, but not limited to, any alternative methods to divert a child from the juvenile court system that are identified by the Ohio family and children first cabinet council. (F) Each county may review and revise the service coordination process described in division (D) of this section based on the availability of funds under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, or to the extent resources are available from any other federal, state, or local funds. (G) As used in this section, "early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued by the department of developmental disabilities children and youth and who assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C of the "Individuals with Disabilities Education Act of 2004," 20 U.S.C. 1400, as amended. Sec. 121.93. (A) Except as provided in division (E) of this section, an agency shall review its Am. Sub. H. B. No. 96 136th G.A. 146 operations to identify principles of law or policy that have not been stated in a rule and that the agency is relying upon in conducting adjudications or other determinations of rights and liabilities or in issuing writings and other materials, such as instructions, directives, policy statements, guidelines, handbooks, manuals, advisories, notices, circulars, advertisements, forms, letters, and opinions. An agency is not required to identify principles of law or policy relied upon in issuing internal management rules as defined n section 111.15 of the Revised Code. The agency shall complete at least one of the reviews during a governor's term. Within six months after the expiration of a governor's term, the agency electronically shall transmit a report to the joint committee on agency rule review containing the following: (1) A statement that the agency has completed one or more of the reviews, specifying the exact number of reviews completed during the governor's expired term; (2) The principles of law or policies identified under this division; (3) The agency's considerations regarding the identified principles of law or policies under division (B) of this section; (4) Any principles of law or policies for which the agency determines rulemaking is indicated or for which the agency has commenced the rule-making process under division (C) of this section. The joint committee on agency rule review shall make the reports available on its web site. (B) The agency shall determine whether a principle of law or policy thus identified has a general and uniform operation and establishes a legal regulation or standard that would not exist in its absence. If the principle of law or policy has these characteristics, the agency shall determine whether the principle of law or policy should be supplanted by its restatement in a rule to achieve one or more of the following as they are relevant to the principle of law or policy: (1) Assert the general and uniform operation of the principle of law or policy; (2) Make the principle of law or policy more readily available to the public; (3) Make the principle of law or policy more readily available to persons who specifically are affected by the principle of law or policy; (4) Enable the principle of law or policy to be better known in advance of its application; (5) Enable greater public participation in improvement and further development of the principle of law or policy; (6) Enable greater participation by persons specifically affected by the principle of law or policy in the improvement and further development of the principle of law or policy; (7) Make the principle of law or policy more easily understandable; or (8) Make the principle of law or policy more readily available to those legally charged with monitoring or reviewing the agency's operations. If a principle of law or policy aids in the interpretation of an existing rule or statute, the agency shall consider whether the aiding effect clarifies or otherwise resolves an uncertainty in the existing rule or statute. If the principle of law or policy can be so characterized, the agency shall Am. Sub. H. B. No. 96 136th G.A. 147 consider whether the principle of law or policy should be supplanted by its restatement in an interpretive rule. The agency may not presume that a principle of law or policy that aids in the interpretation of an existing rule or statute is simply a reiteration of the existing rule or statute. (C) If the agency determines, in light of the foregoing standards, that rulemaking is indicated, the agency shall commence the rule-making process as soon as it is reasonably feasible to do so, but not later than the date that is six three months after the determination was made. The principle of law or policy as it is restated in a rule does not need to be wholly congruent with the supplanted principle of law or policy. The agency lawfully may improve or develop further the supplanted principle of law or policy as it is restated in a rule. The agency may continue to rely upon the principle of law or policy, but only while it is complying with the preceding paragraph. The agency may not rely upon the principle of law or policy in advising with regard to or in determining the rights or liabilities of a person if the any of the following apply: (1) The agency fails to commence the rule-making process by the deadline specified in the preceding paragraph, or if, after . (2) After commencing the rule-making process, the agency neglects or abandons the rule- making process before it is completed. (3) The agency fails to file a rule for which rulemaking is indicated under this section in final form within one year of the agency making a determination under this section. (4) After filing a proposed rule and rule summary and fiscal analysis with the joint committee, the agency notifies the joint committee of the agency's intention to file a revised proposed rule as described in division (B) of section 106.02 of the Revised Code. (D) A principle of law or policy that is relied upon directly or by clear implication from a statute applying to the agency does not need to be supplanted by rule. (E) This section does not apply to an agency, commission, or committee created in the legislative branch of government or to serve the general assembly including, but not limited to, all of the following: (1) The joint legislative ethics committee; (2) The joint medicaid oversight committee; (3) The correctional institution inspection committee; (4)(2) The legislative service commission; (5)(3) The legislative information services; (6)(4) The capitol square review and advisory board. Sec. 121.931. (A) A person may petition an agency in writing to restate a principle of law or policy in a rule if (1) the person was a party to an adjudication or other determination before an agency that has resulted in an order or other disposition or was a party to a civil action in which judgment has been entered, and (2) the adjudication or other determination, or the civil action, involved a principle of law or policy relied upon by the agency that, under section 121.93 of the Am. Sub. H. B. No. 96 136th G.A. 148 Revised Code, should have been supplanted by its restatement in a rule but has not been so supplanted. The petition shall briefly explain why the principle of law or policy should, under section 121.93 of the Revised Code, be supplanted by its restatement in a rule. The person shall send the petition to the agency not later than the ninetieth day after the order or other disposition was issued or the judgment was entered. The person also shall send a copy of the petition to the joint committee on agency rule review. (B) The agency, not later than the thirtieth day after receiving a timely petition, shall consider the petition in light of section 121.93 of the Revised Code, and shall notify the petitioner in writing, by certified mail, return receipt requested, whether it grants or intends to deny the petition. (1) If the agency grants the petition, it shall commence the rule-making process as soon as it is reasonably feasible to do so, but not later than the date that is six three months after the petition was granted. The principle of law or policy as it is restated in a rule does not need to be wholly congruent with the supplanted principle of law or policy. The agency lawfully may improve or develop further the supplanted principle of law or policy. The agency may continue to rely upon the principle of law or policy, but only while it is complying with the preceding paragraph. The agency may not rely upon the principle of law or policy in advising with regard to or in determining the rights or liabilities of a person if the any of the following apply: (a) The agency fails to commence the rule-making process by the deadline specified in the preceding paragraph, or if, after . (b) After commencing the rule-making process, the agency neglects or abandons the rule- making process before it is completed. (c) The agency fails to file a rule for which rulemaking is required under this section in final form within one year of the agency granting a petition under this division. (d) After filing a proposed rule and rule summary and fiscal analysis with the joint committee, the agency notifies the joint committee of the agency's intention to file a revised proposed rule as described in division (B) of section 106.02 of the Revised Code. (2) If the agency intends to deny the petition, it shall send the petitioner a notice affording the petitioner an opportunity for a hearing on the petition and briefly explaining why the agency intends to deny the petition. If the petitioner does not in writing request a hearing within fifteen days after receiving the notice, the agency shall deny the petition and notify the petitioner in writing. If the petitioner responds in writing within the fifteen-day period requesting a hearing, the agency, by certified mail, return receipt requested, promptly shall notify the petitioner of the time and place for the hearing, which shall be not earlier than the thirtieth day after the notice was sent to the petitioner. (C) At the hearing, the agency shall explain why, notwithstanding section 121.93 of the Revised Code, it intends to deny the petition, and the petitioner shall explain why under that section the petitioner believes the agency's intention to be erroneous. The hearing shall be informal. The petitioner may be assisted by counsel at the hearing. Am. Sub. H. B. No. 96 136th G.A. 149 (D) Not later than the thirtieth day after the hearing concludes, the agency shall grant or deny the petition. (1) If the agency grants the petition, it shall commence the rule-making process as soon as it is reasonably feasible to do so, but not later than the date that is six three months after the determination was made. The principle of law or policy as it is restated in a rule does not need to be wholly congruent with the supplanted principle of law or policy. The agency lawfully may improve or develop further the supplanted principle of law or policy as it is restated in a rule. The agency may continue to rely upon the principle of law or policy, but only while it is complying with the preceding paragraph. The agency may not rely upon the principle of law or policy in advising with regard to or in determining the rights or liabilities of a person if the any of the following apply: (a) The agency fails to commence the rule-making process by the deadline specified in the preceding paragraph, or if, after . (b) After commencing the rule-making process, the agency neglects or abandons the rule- making process before it is completed. (c) The agency fails to file a rule for which rulemaking is required under this section in final form within one year of the agency granting a petition under this division. (d) After filing a proposed rule and rule summary and fiscal analysis with the joint committee, the agency notifies the joint committee of the agency's intention to file a revised proposed rule as described in division (B) of section 106.02 of the Revised Code. (2) If the petitioner failed to appear at the hearing, or if the petitioner failed to persuade the agency that its intention to deny the petition is erroneous, the agency shall deny the petition. The agency shall send notice in writing to the petitioner of the outcome. If the outcome is denial of the petition, the notice shall explain briefly why the agency is denying the petition. The petitioner is not entitled to appeal the outcome. Sec. 121.95. (A) As used in sections 121.95, 121.951, 121.952, 121.953, and 121.954 of the Revised Code, "state : (1) "State agency" means an administrative department created under section 121.02 of the Revised Code, an administrative department head appointed under section 121.03 of the Revised Code, and a state agency organized under an administrative department or administrative department head. "State agency" also includes the department of education and workforce, the state lottery commission, the Ohio casino control commission, the state racing commission, and the public utilities commission of Ohio. Rules adopted by an otherwise independent official or entity organized under a state agency shall be attributed to the agency under which the official or entity is organized for the purposes of sections 121.95, 121.951, 121.952, 121.953, and 121.954 of the Revised Code. (2) "Regulatory restriction" means any part of a rule that requires or prohibits an action. (B) Not later than December 31, 2019, a state agency shall review its existing rules to identify rules having one or more regulatory restrictions that require or prohibit an action and Am. Sub. H. B. No. 96 136th G.A. 150 prepare a base inventory of the regulatory restrictions in its existing rules. Rules that include the words "shall," "must," "require," "shall not," "may not," and "prohibit" shall be considered to contain regulatory restrictions. (C) In the base inventory, the state agency shall indicate all of the following concerning each regulatory restriction: (1) A description of the regulatory restriction; (2) The rule number of the rule in which the regulatory restriction appears; (3) The statute under which the regulatory restriction was adopted; (4) Whether state or federal law expressly and specifically requires the agency to adopt the regulatory restriction or the agency adopted the regulatory restriction under the agency's general authority; (5) Whether removing the regulatory restriction would require a change to state or federal law, provided that removing a regulatory restriction adopted under a law granting the agency general authority shall be presumed not to require a change to state or federal law; (6) Any other information the joint committee on agency rule review considers necessary. (D) The state agency shall compute and state the total number of regulatory restrictions indicated in the base inventory, shall post the base inventory on its web site, and shall electronically transmit a copy of the inventory to the joint committee. The joint committee shall review the base inventory, then transmit it electronically to the speaker of the house of representatives and the president of the senate. (E) The following types of rules or regulatory restrictions are not required to be included in a state agency's inventory of regulatory restrictions: (1) An internal management rule; (2) An emergency rule; (3) A rule that state or federal law requires the state agency to adopt verbatim; (4) A regulatory restriction contained in materials or documents incorporated by reference into a rule pursuant to sections 121.71 to 121.75 of the Revised Code; (5) A rule adopted pursuant to section 1347.15 of the Revised Code; (6) A rule concerning instant lottery games; (7) A rule adopted by the Ohio casino control commission or the state lottery commission concerning sports gaming; (8) Any other rule that is not subject to review under Chapter 106. of the Revised Code; (9) Any rule that is adopted as a requirement for the state agency to obtain or maintain accreditation or certification from a multistate organization consisting of at least forty-five participating states. (F) Beginning on October 17, 2019, and ending on June 30, 2025, a state agency may not adopt a new regulatory restriction unless it simultaneously removes two or more other existing regulatory restrictions. The state agency may not satisfy this section by merging two or more Am. Sub. H. B. No. 96 136th G.A. 151 existing regulatory restrictions into a single surviving regulatory restriction. Sec. 121.951. (A)(1) Using the criteria listed in division (A) of section 106.03 of the Revised Code, a state agency shall amend or rescind rules identified in its base inventory of regulatory restrictions prepared under section 121.95 of the Revised Code as necessary to reduce the total number of regulatory restrictions by thirty per cent, according to the following schedule: (a) A ten per cent reduction not later than June 30, 2023; (b) A twenty per cent reduction not later than June 30, 2024; and (c) The thirty per cent reduction not later than June 30, 2025. When a state agency has achieved a reduction of any percentage in regulatory restrictions, whether or not as specified in this section, the state agency may not adopt or maintain regulatory restrictions that would negate the reduction. (2) Beginning July 1, 2025, a state agency that has not achieved the specified thirty per cent reduction may not adopt a new regulatory restriction unless it simultaneously removes two or more other existing regulatory restrictions, until the specified thirty per cent reduction has been achieved. The state agency may not fulfill this requirement by merging two or more existing regulatory restrictions into a single surviving regulatory restriction. Removing or replacing "shall," "must," "require," "shall not," "may not," "prohibit," or similar words in a portion of a rule does not remove a regulatory restriction from a rule unless the removal eliminates a requirement or prohibition from the rule. (3) A state agency that has achieved the specified thirty per cent reduction may not adopt a new regulatory restriction unless it simultaneously removes one or more other existing regulatory restrictions. The state agency may not fulfill this requirement by merging two or more existing regulatory restrictions into a single surviving regulatory restriction. (4) A state agency is encouraged to continue to reduce regulatory restrictions after it has achieved the specified thirty per cent reduction. (B)(1) Not later than September 15, 2022, a state agency shall prepare an historical report of its progress in reducing regulatory restrictions over the period of time beginning when the agency prepared its base inventory under section 121.95 of the Revised Code and ending on June 30, 2022. Annually thereafter, a state agency shall prepare an historical report of its progress in reducing regulatory restrictions over the preceding fiscal year. The state agency shall explain in the report how it applied the criteria described in division (A) of section 106.03 of the Revised Code to its determinations as to which regulatory restrictions to amend or rescind. The state agency shall include a revised inventory of regulatory restrictions with the report. (2) In the revised inventory, in addition to the information required by section 121.95 of the Revised Code, the state agency shall compute the percentage net reduction in regulatory restrictions by subtracting the current number of regulatory restrictions from the number of regulatory restrictions identified in the base inventory and then dividing the resulting number by the number of regulatory restrictions in the base inventory. Am. Sub. H. B. No. 96 136th G.A. 152 (3) The state agency shall transmit the report electronically to the joint committee on agency rule review. The joint committee shall review the report and shall transmit it electronically to the speaker of the house of representatives and the president of the senate. The state agency shall continue preparing and transmitting annual reports until it has reported that it has achieved the required reduction in regulatory restrictions. Sec. 121.953. (A) Effective Except as provided in division (C) of this section, effective July 1, 2025, the number of regulatory restrictions in this state shall not exceed a number of regulatory restrictions determined by the joint committee on agency rule review in accordance with this section. The joint committee shall determine that number by calculating, for each agency, the number of regulatory restrictions identified by the agency in the base inventory prepared under section 121.95 of the Revised Code, minus the number of regulatory restrictions that represents the percentage reduction the state agency is required to achieve, and then totaling the resulting numbers for all state agencies. The joint committee shall consider any lessened required reductions under section 121.952 of the Revised Code. (B) A state agency shall contact the joint committee before submitting a proposed rule containing a regulatory restriction, and the joint committee shall determine whether adopting the regulatory restriction would cause the state to exceed the number of regulatory restrictions permitted under this section. A Except as provided in division (C) of this section, a state agency may not adopt a rule if by adopting the rule the state agency would cause the number of regulatory restrictions to exceed the state limit as determined by the joint committee. (C) Beginning on the effective date of this amendment, a state agency may appear before the joint committee to show cause why the agency should be permitted to adopt a rule that would cause the number of regulatory restrictions to exceed the state limit as determined by the joint committee. If the joint committee determines that the state agency has shown cause, the joint committee may, by a vote of a majority of its members, permit the state agency to adopt the rule notwithstanding the state limit on regulatory restrictions determined by the joint committee. The joint committee shall prepare a report summarizing all the rules it has authorized a state agency to adopt notwithstanding the state limit on regulatory restrictions. The joint committee shall transmit the report electronically to the speaker of the house of representatives and the president of the senate not later than the thirty- first day of December of each year. Sec. 122.09. (A) As used in this section: (1) "Development costs" means all expenditures paid or incurred by the property owner in completing a certified transformational mixed use development project including acquisition costs and all costs incurred before the project is certified by the director of development. (2) "Eligible expenditures" means certain expenditures paid or incurred by the property owner in completing a certified transformational mixed use development project after the project is certified by the director of development, including architectural or engineering fees, due diligence costs, hard and soft construction costs, paid or incurred in connection with the project and expenses Am. Sub. H. B. No. 96 136th G.A. 153 incurred and architectural and engineering fees and due diligence costs incurred before the date the project is certified by the tax credit authority director of development 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)(3) "Owner""Property 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, and a person or persons in contract to acquire real property with the only remaining contractual contingency being receipt of an award under this section. "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)(4) "Transformational mixed use development" means a project that consists of eligible expenditures for new construction or the redevelopment, rehabilitation, expansion, or other improvement of vacant buildings or structures, or a combination of the foregoing, and that, inclusively: (a) Will have a transformational economic impact on the development project 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 at least two of the following uses into one mixed use development: (i) Office; (ii) Residential; (iii) Retail, which may include restaurant space; (iv) Hotel and hospitality; (v) Recreation. (c) Satisfies one of the following criteria: (i) If the development project 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 five 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 project 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 Am. Sub. H. B. No. 96 136th G.A. 154 seventy-five thousand square feet. A "transformational mixed use development" does not include a project located wholly or partially in a transformational major sports facility mixed-use project district as defined in section 123.28 of the Revised Code. "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)(5) "Increase in tax collections" means the difference, if positive, of the amount of state and local taxes estimated to be derived from economic activity occurring within the development project site and the surrounding area, but excluding any other phases of the development project for developments completed in phases, during a the completion 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 development project were not certified by the director of development and completed. (5)(6) "Completion period" means the time period beginning on the day after a transformational mixed use development project is certified by the tax credit authority director of development 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, or 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"Project site" means the land, and improvements thereon, Am. Sub. H. B. No. 96 136th G.A. 155 upon which a transformational mixed use development will be constructed, which consists of a single parcel or multiple parcels that are contiguous with one another, including parcels separated only by a publicly dedicated road. (B) The property owner of one or more parcels of land in this state within which a transformational mixed use development project 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 director of development for certification of the development project and preliminary approval of a tax credit in an amount up to ten per cent of the estimated eligible expenditures . Each application shall be filed in the form and manner prescribed by the director of development and shall, at minimum, include a development plan comprised of all of the following information: (1) The location of the development project 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 project including site plans, elevations, 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 project budget supported by construction hard cost estimates, organized by line item, that estimates the development costs development costs and eligible expenditures 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) A viable financial plan showing both (a) at least fifty-one per cent of the needed funding secured, as evidenced by commitment letters, letters of intent, or terms sheets and third party equity verification, and (b) a strategy for obtaining any needed but not yet secured funding; (5) An estimated schedule for the progression and completion of the project including, if applicable, previously completed and future phases of the project; (5)(6) An assessment of the projected newly created economic impact of and from the project on based upon the projected increase in tax collections during the completion period at the development project site and the surrounding area, excluding economic activity existing at the time of or before certification of the development project and preliminary approval of a tax credit, prepared by an economic impact consultant with experience performing economic impact studies in Ohio and reviewed by an independent third party reviewer retained by the director of development to ensure accuracy, uniformity, consistency, and fairness; (6)(7) Evidence that the increase in tax collections during the completion period will exceed ten per cent of the estimated development costs eligible expenditures reported under division (B)(3) of this section; (7) If the (8) The portion of any tax credit issued that the applicant is would like issued to the property owner or to an insurance company that is not the property owner, the amount of the insurance company's , financial institution, or other person based upon capital contribution Am. Sub. H. B. No. 96 136th G.A. 156 contributions that have been made or will be made to the development and the date on which it was or will be madeproject; (8)(9) Evidence that the project will not be completed unless the applicant receives the credit, but for the applicant's receipt of the credit, the project will not be completed. If any portion of the project the applicant seeks certification and preliminary approval for has commenced construction, excluding brownfield remediation and demolition, or the project has closed on construction financing, this division's standard is not met and the project is not eligible for certification and preliminary approval. (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 director of development shall consider the potential impact of the transformational mixed use development on the development project 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 director shall not certify a project unless it satisfies the following conditions: (a) The project qualifies as a transformational mixed use development project and satisfies all other criteria prescribed by this section or by rule of the director of development; (b) The estimated increase in tax collections from the project site during the completion period exceeds ten per cent of the estimated development costs eligible expenditures for the project reported under division (B)(3) of this section; (c) The applicant will not be able to (i) close on construction financing, (ii) commence construction, excluding any brownfield remediation or demolition that may have already been performed, and (iii) complete the project will not be completed unless the applicant receives the credit; (d) If the development project site is located within ten miles of a major city, the estimated development costs eligible expenditures 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 a determination of whether or not to approve an application, the tax credit authority director may conduct an interview of the applicant. (2) If the tax credit authority director of development approves an application, the authority director shall issue a statement certifying the associated transformational mixed use development project and preliminarily approving a tax credit. The statement shall stipulate that receipt issuance of a tax credit certificate is contingent upon completion of the transformational mixed use development project as described in the development plan for the project . The statement shall specify the estimated amount of the tax credit preliminarily approved and the amount of credit preliminarily approved for each person identified in the application pursuant to division (B)(8) of this section, but state that the amount of the credit is dependent upon determination of the actual development Am. Sub. H. B. No. 96 136th G.A. 157 costseligible expenditures 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. The amount of the credit shall not exceed the amount applied for in the application approved by the director. (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 The total estimated amount of the tax credit shall equal up to ten per cent of the estimated development costs eligible expenditures for the project as reported in the project development plan pursuant to division (B)(3)(B) 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 director of development 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, except as provided by division (G) of this section. (4) If the tax credit authority director of development denies an application, the authority director shall notify the applicant of the reason or reasons for such determination. The authority's director's determination is final, but an applicant may revise and resubmit a previously denied application in a future year . (5)(a) The tax credit authority shall not certify any transformational mixed use development projects after June 30, 2025. (b) The tax credit authority director of development may not preliminarily approve more than one hundred twenty-five million dollars of new estimated tax credits in each of fiscal years 2022, 2023, 2024, and 20252026 and 2027. The director shall not preliminarily approve any dollar amount of new estimated tax credits under this section in any fiscal year after fiscal year 2027 unless specifically authorized by an act of the general assembly. Tax credits preliminarily approved under this section in preceding fiscal years and for which preliminary approval was rescinded in the fiscal year immediately preceding the current fiscal year shall be available for preliminary approval under this section in the current fiscal year. Credit amounts available due to such rescission do not apply towards the one hundred twenty-five million dollar limit prescribed in this division. (c) Not (b) Except as provided in division (C)(6) of this section, not more than eighty eighty- five million dollars of estimated new tax credits in each such , plus an amount equal to two-thirds of any credits for which preliminary approval was rescinded in the preceding fiscal year, may be preliminarily approved in connection with projects that are located within ten miles of a major city Am. Sub. H. B. No. 96 136th G.A. 158 in the current fiscal year. (d)(c) Not more than forty twenty million dollars of estimated tax credits may be preliminarily approved in connection with the same transformational mixed use development project. (6) If, for the current fiscal year, the dollar amount of tax credits applied for under division (B) of this section in connection with projects that are not located within ten miles of a major city exceeds eighty forty million dollars for a fiscal year, plus an amount equal to one-third of any credits for which preliminary approval was rescinded in the preceding fiscal year, the tax credit authority director of development shall rank those applications and certify and preliminarily approve tax credits for the associated projects in order, starting with the project that presents the best combination of economic value and transformational impactpursuant to division (C)(7) of this section. If the dollar amount of tax credits applied for under division (B) of this section in connection with such projects is less than that amount, the difference shall be available for projects within ten miles of a major city. If, for the current fiscal year, 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 yeareighty-five million dollars, plus an amount equal to two-thirds of any credits for which preliminary approval was rescinded in the previous fiscal year and the amount of funds initially reserved for projects more than ten miles from a major city but unawarded to such projects, the tax credit authority director 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 impactpursuant to division (C)(7) of this section. 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. (7) When ranking is required under division (C)(6) of this section, the director of development shall compare applicant projects that are within ten miles of a major city to other applicant projects that are within ten miles of a major city, and the director shall compare applicant projects that are more than ten miles outside of a major city with other applicant projects that are more than ten miles outside of a major city. The director shall apply a point value to applications according to the following criteria: Am. Sub. H. B. No. 96 136th G.A. 159 (a) Up to ten points based on comparative measurement of physical scope of the projects as measured by gross square footage of vertical improvements including new construction and renovated space. The largest project in terms of physical scope shall receive ten points and the remaining projects shall receive points based on a percentage basis in proportion to each project's relative size as compared to the largest project in that location category, by gross square footage; (b) Up to five points based on a comparative measurement of the density of the new project as measured by a building to land ratio using the gross square footage of new construction and renovated space and the gross land square footage of the project parcels excluding submerged land. The highest ratio in terms of building to land ratio shall receive five points and the remaining projects shall receive points based on a percentage basis in proportion to each project's relative ratio as compared to the highest project ratio; (c) Up to ten points based on an evaluation of the distribution of project end uses, with preference given to projects with greater variety and distribution of uses; (d) Up to fourteen points based on the project's receipt of necessary government approvals and local support, available as follows: (i) Two points for zoning approval or evidence, in the form of a letter from the governmental body with jurisdiction over the zoning of the project site, that the project site already has the necessary zoning for the project; (ii) Two points for planning commission approval or evidence that planning commission approval is not required; (iii) Two points available for existing utility connections or commitments to establish utility connections including water, sewer, sanitary storm, and electric documented by utility service letters; (iv) Two points for an approved and executed development agreement with each municipal corporation or township in which the development project is proposed; (v) Two points for approved construction drawings and issuance of construction permits for the entirety of the scope of work set forth in the application; (vi) Up to two points available for letters in support of the project and the application. One point is available for a letter in support of the project and the application from the mayor, city manager, or other chief executive of each municipal corporation or township, and one point is available for a letter in support of the project and the application from the chief executive of each county, where the development project is to be located; (vii) Two points available for documented financial support for the project from each municipal corporation or township in which the project is located, which may include tax increment financing or creation of a community reinvestment area under section 3735.66 of the Revised Code. (e) Up to ten points based on the committed funding sources as a percentage of total development costs. A project that has funding commitments for all projected development costs shall receive ten points, and projects with funding commitments for less than all projected Am. Sub. H. B. No. 96 136th G.A. 160 development costs shall receive a number of points based on the relative amount of committed funding compared to total development costs of the given project. The funding commitments may take into account the monetized value of the certificate applied for under this section so long as the applicant provides a letter of intent or commitment to purchase that certificate if issued. Letters of intent or loan commitments are required to earn points for any financing that is a funding source in this category and any such letter of intent or loan commitment may be subject to the receipt of an award under this section. (f) Up to five points based on purchase or lease commitments from end users for the space created by the project. Projects that have received commitments for all space shall receive five points, and projects with less than all end users committed shall be allocated points based on the relative square footage of committed space compared to total project square footage. (g) Up to ten points for projects in areas of higher relative walkability as measured by the United States environmental protection agency's walkability index for the project's census tract with projects in areas designated as the highest level of walkability receiving ten points and projects in areas with lower levels of walkability receiving proportional points; (h) Up to five points based on a comparative measurement of total retail, entertainment, and dining sales to be generated by the project. Projects generating the largest return on investment shall receive five points, and the remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category. (i) Up to five points based on a comparative measurement of the total new payroll to be generated by the project. Projects generating the largest return on investment shall receive five points, and remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category. (j) Up to twenty points based on a comparative measurement of the total sales, income, lodging, and property taxes to be generated by the project. Projects generating the largest return on investment shall receive twenty points, and remaining projects shall be allocated points based on relative return on investment in comparison to the highest scoring project in this category. (k) Up to six points for community impacts, available as follows: (i) Two points for evidence that the project supports the vision and goals stated in the local master plan or other economic development strategy adopted by the local jurisdiction. (ii) Two points for the projects that provide community gathering, event, park, or other similar space open to the public. Projects that incorporate public space that accounts for ten per cent or more public space relative to the total square footage of all project end uses will receive two points. Projects that incorporate public space that accounts for less than ten per cent but greater than zero per cent public space relative to the total square footage of all project end uses will receive one point. (iii) Two points for projects that include remediation of a brownfield or the rehabilitation of a building or structure that is one hundred per cent vacant for the twelve months immediately Am. Sub. H. B. No. 96 136th G.A. 161 preceding the date of application. As used in this division "brownfield" has the same meaning as in section 122.6511 of the Revised Code. (8) When calculating the economic impact of a project previously completed and future phases of a phased development are not permitted to be included in the economic impact analysis or scoring. (D) Within twelve months of the date a project is certified, the property owner shall provide the tax credit authority director of development with an updated schedule for the progression and completion of the project and documentation sufficient to 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 director 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 all or a portion of 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 againand any person to whom the right to claim all or a portion of a credit was transferred may transfer that right, in whole or in part, to another person. (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)(F)(1) The property owner shall notify the tax credit authority director of development 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 and eligible expenditures attributed to the project. Am. Sub. H. B. No. 96 136th G.A. 162 (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 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 director of development shall issue a tax credit certificate to each applicant, or other person identified in the application pursuant to division (B)(8) of this section, 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; (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 (G) The value of the tax credit certificates issued in connection with the Am. Sub. H. B. No. 96 136th G.A. 163 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, the lesser of the amount preliminarily approved for the tax credit or ten per cent of the actual development costs eligible expenditures 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)(H) 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 eligible expenditures of that project or (2) the sum of all estimated credit amounts amount preliminarily approved by the tax credit authority director of development in connection with the project. (L)(I) Issuance of a tax credit certificate under this section does not represent a verification or certification by the tax credit authority director of development of the actual development costs eligible expenditures 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 insuranceother state agencies. (M)(J) Upon the issuance of a tax credit certificate under division (G) or (J) of this section, the tax credit authority director of development shall certify to the superintendent of insurance and the tax commissioner (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, Am. Sub. H. B. No. 96 136th G.A. 164 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)(3) 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 , 5726.62, 5729.18, or 5747.87 of the Revised Code, subject to any limitations in those sections. (N)(K) The tax credit authority director of development shall publish information about each transformational mixed use development on the web site of the department of development not later than the first day of August following certification of the project. The tax credit authority director 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 director may omit any proprietary or sensitive information included in such evidence; (5) The estimated development costs eligible expenditures 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; (6) A copy of each report submitted to the tax credit authority director of development by the applicant under division (D) of this section. (O)(L) The director of development , 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 mixed use development 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 director of development 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; Am. Sub. H. B. No. 96 136th G.A. 165 (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. 122.14. (A) As used in this section, "professional sports facility" has the same meaning as in section 5516.01 of the Revised Code. (B) There is hereby created in the state treasury the roadwork development fund. The fund shall consist of the investment earnings of the security deposit fund created by section 4509.27 of the Revised Code and revenue transferred to it by the director of budget and management from the highway operating fund created in section 5735.051 of the Revised Code. The fund shall be used by the department of development services agency in accordance with Section 5a of Article XII, Ohio Constitution, to make road improvements associated with retaining or attracting business for this state, including both of the following: (1) Construction, reconstruction, maintenance, or repair of public roads that provide access to a public airport or are located within a public airport; (2) Construction, reconstruction, maintenance, or repair of public roads and the associated improvements that provide or improve access to tourism attractions or professional sports facilities . (B)(C) Tourism attractions or professional sports facilities may use funds received from the department of development, in accordance with this section, to make improvements associated with the retail and residential components of the total development of which they are a part. (D) All investment earnings of the fund shall be credited to the fund. Sec. 122.175. (A) As used in this section: (1) "Capital investment project" means a plan of investment at a project site for the acquisition, construction, renovation, expansion, replacement, or repair of a computer data center or of computer data center equipment, but does not include any of the following: (a) Project costs paid before a date determined by the tax credit authority for each capital investment project; (b) 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) "Computer data center" means a facility used or to be used primarily to house computer data center equipment used or to be used in conducting one or more computer data center businesses, as determined by the tax credit authority. (3) "Computer data center business" means, as may be further determined by the tax credit authority, a business that provides electronic information services as defined in division (Y)(1)(c) of section 5739.01 of the Revised Code, or that leases a facility to one or more such businesses. "Computer data center business" does not include providing electronic publishing as defined in that section. Am. Sub. H. B. No. 96 136th G.A. 166 (4) "Computer data center equipment" means tangible personal property used or to be used for any of the following: (a) To conduct a computer data center business, including equipment cooling systems to manage the performance of computer data center equipment; (b) To generate, transform, transmit, distribute, or manage electricity necessary to operate the tangible personal property used or to be used in conducting a computer data center business; (c) As building and construction materials sold to construction contractors for incorporation into a computer data center. (5) "Eligible computer data center" means a computer data center that satisfies all of the following requirements: (a) One or more taxpayers operating a computer data center business at the project site will, in the aggregate, make payments for a capital investment project of at least one hundred million dollars at the project site during one of the following cumulative periods: (i) For projects beginning in 2013, six consecutive calendar years; (ii) For projects beginning in 2014, four consecutive calendar years; (iii) For projects beginning in or after 2015, three consecutive calendar years. (b) One or more taxpayers operating a computer data center business at the project site will, in the aggregate, pay annual compensation that is subject to the withholding obligation imposed under section 5747.06 of the Revised Code of at least one million five hundred thousand dollars to employees employed at the project site for each year of the agreement beginning on or after the first day of the twenty-fifth month after the agreement was entered into under this section. (6) "Person" has the same meaning as in section 5701.01 of the Revised Code. (7) "Project site," "related member," and "tax credit authority" have the same meanings as in sections 122.17 and 122.171 of the Revised Code. (8) "Taxpayer" means any person subject to the taxes imposed under Chapters 5739. and 5741. of the Revised Code. (B) The tax credit authority may completely or partially exempt from the taxes levied under Chapters 5739. and 5741. of the Revised Code the sale, storage, use, or other consumption of computer data center equipment used or to be used at an eligible computer data center. Any such exemption shall extend to charges for the delivery, installation, or repair of the computer data center equipment subject to the exemption under this section. (C) A taxpayer that proposes a capital improvement project for an eligible computer data center in this state may apply to the tax credit authority to enter into an agreement under this section authorizing a complete or partial exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code on computer data center equipment purchased by the applicant or any other taxpayer that operates a computer data center business at the project site and used or to be used at the eligible computer data center. The director of development services shall prescribe the form of the application. After receipt of an application, the authority shall forward copies of the application Am. Sub. H. B. No. 96 136th G.A. 167 to the director of budget and management and the tax commissioner, each of whom who shall review the application to determine the economic impact that the proposed eligible computer data center would have on the state and any affected political subdivisions and submit to the authority a summary of their determinations. 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 that the proposed eligible computer data center would have on the state and the affected political subdivisions and shall submit a summary of their determinations and recommendations to the authority. (D) Upon review and consideration of such determinations and recommendations, the tax credit authority , before October 1, 2025, may enter into an agreement with the applicant and any other taxpayer that operates a computer data center business at the project site for a complete or partial exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code on computer data center equipment used or to be used at an eligible computer data center if the authority determines all of the following: (1) The capital investment project for the eligible computer data center will increase payroll and the amount of income taxes to be withheld from employee compensation pursuant to section 5747.06 of the Revised Code. (2) The applicant is economically sound and has the ability to complete or effect the completion of the proposed capital investment project. (3) The applicant intends to and has the ability to maintain operations at the project site for the term of the agreement. (4) Receiving the exemption is a major factor in the applicant's decision to begin, continue with, or complete the capital investment project. (E) An agreement entered into under this section shall include all of the following: (1) A detailed description of the capital investment 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 annual compensation to be paid by each taxpayer subject to the agreement to its employees at the project site, and the anticipated amount of income taxes to be withheld from employee compensation pursuant to section 5747.06 of the Revised Code. (2) The percentage of the exemption from the taxes imposed under Chapters 5739. and 5741. of the Revised Code for the computer data center equipment used or to be used at the eligible computer data center, the length of time the computer data center equipment will be exempted, and the first date on which the exemption applies. (3) A requirement that the computer data center remain an eligible computer data center during the term of the agreement and that the applicant maintain operations at the eligible computer data center during that term. An applicant does not violate the requirement described in division (E) (3) of this section if the applicant ceases operations at the eligible computer data center during the term of the agreement but resumes those operations within eighteen months after the date of Am. Sub. H. B. No. 96 136th G.A. 168 cessation. The agreement shall provide that, in such a case, the applicant and any other taxpayer that operates a computer data center business at the project site shall not claim the tax exemption authorized in the agreement for any purchase of computer data center equipment made during the period in which the applicant did not maintain operations at the eligible computer data center. (4) A requirement that, for each year of the term of the agreement beginning on or after the first day of the twenty-fifth month after the date the agreement was entered into, one or more taxpayers operating a computer data center business at the project site will, in the aggregate, pay annual compensation that is subject to the withholding obligation imposed under section 5747.06 of the Revised Code of at least one million five hundred thousand dollars to employees at the eligible computer data center. (5) A requirement that each taxpayer subject to the agreement annually report to the director of development services employment, tax withholding, capital investment, and other information required by the director to perform the director's duties under this section. (6) A requirement that the director of development services annually review the annual reports of each taxpayer subject to the agreement 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 each such taxpayer stating that the information has been verified and that the taxpayer remains eligible for the exemption specified in the agreement. (7) A provision providing that the taxpayers subject to the agreement 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 appropriate taxpayer notified the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated. For purposes of this paragraph, 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 each taxpayer subject to the agreement of any limitations periods relating to assessments or adjustments resulting from the taxpayer's failure to comply with the agreement. (F) The term of an agreement under this section shall be determined by the tax credit authority, and the amount of the exemption shall not exceed one hundred per cent of such taxes that would otherwise be owed in respect to the exempted computer data center equipment. (G) If any taxpayer subject to an agreement under this section fails to meet or comply with any condition or requirement set forth in the agreement, the tax credit authority may amend the agreement to reduce the percentage of the exemption or term during which the exemption applies to the computer data center equipment used or to be used by the noncompliant taxpayer at an eligible computer data center. The reduction of the percentage or term may take effect in the current calendar Am. Sub. H. B. No. 96 136th G.A. 169 year. (H) Financial statements and other information submitted to the department of development services or the tax credit authority by an applicant for or recipient of an exemption 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 exemption agreements under this section. Upon the request of the tax commissioner, the chairperson of the authority shall provide to the tax commissioner any statement or other information submitted by an applicant for or recipient of an exemption under this section. The tax commissioner shall preserve the confidentiality of the statement or other information. (I) The tax commissioner shall issue a direct payment permit under section 5739.031 of the Revised Code to each taxpayer subject to an agreement under this section. Such direct payment permit shall authorize the taxpayer to pay any sales and use taxes due on purchases of computer data center equipment used or to be used in an eligible computer data center and to pay any sales and use taxes due on purchases of tangible personal property or taxable services other than computer data center equipment used or to be used in an eligible computer data center directly to the tax commissioner. Each such taxpayer shall pay pursuant to such direct payment permit all sales tax levied on such purchases under sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and all use tax levied on such purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code, consistent with the terms of the agreement entered into under this section. During the term of an agreement under this section each taxpayer subject to the agreement shall submit to the tax commissioner a return that shows the amount of computer data center equipment purchased for use at the eligible computer data center, the amount of tangible personal property and taxable services other than computer data center equipment purchased for use at the eligible computer data center, the amount of tax under Chapter 5739. or 5741. of the Revised Code that would be due in the absence of the agreement under this section, the exemption percentage for computer data center equipment specified in the agreement, and the amount of tax due under Chapter 5739. or 5741. of the Revised Code as a result of the agreement under this section. Each such taxpayer shall pay the tax shown on the return to be due in the manner and at the times as may be further prescribed by the tax commissioner. Each such taxpayer shall include a copy of the director of development services' development's certificate of verification issued under division (E) (6) of this section. Failure to submit a copy of the certificate with the return does not invalidate the claim for exemption if the taxpayer submits a copy of the certificate to the tax commissioner within the time prescribed by section 5703.0510 of the Revised Code. (J) If the director of development services determines that one or more taxpayers received an exemption from taxes due on the purchase of computer data center equipment purchased for use at a Am. Sub. H. B. No. 96 136th G.A. 170 computer data center that no longer complies with the requirement under division (E)(3) of this section, the director shall notify the tax credit authority and, if applicable, the taxpayer that applied to enter the agreement for the exemption under division (C) of this section of the noncompliance. After receiving such a notice, and after giving each taxpayer subject to the agreement an opportunity to explain the noncompliance, the authority may terminate the agreement and require each such taxpayer to pay to the state all or a portion of the taxes that would have been owed in regards to the exempt equipment in previous years, all as determined under rules adopted pursuant to division (K) of this section. In determining the portion of the taxes that would have been owed on the previously exempted equipment to be paid to this state by a taxpayer, the authority shall consider the effect of market conditions on the eligible computer data center, whether the taxpayer continues to maintain other operations in this state, and, with respect to agreements involving multiple taxpayers, the taxpayer's level of responsibility for the noncompliance. After making the determination, the authority shall certify to the tax commissioner the amount to be paid by each taxpayer subject to the agreement. The tax commissioner shall make an assessment for that amount against each such taxpayer under Chapter 5739. or 5741. of the Revised Code. The time limitations on assessments under those chapters do not apply to an assessment under this division, but the tax commissioner shall make the assessment within one year after the date the authority certifies to the tax commissioner the amount to be paid by the taxpayer. (K) The director of development services, after consultation with the tax commissioner 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 exemptions under this section to be charged fees to cover administrative costs incurred in the administration of this section. 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 exemption authorized 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 eligible computer data center that is the subject of each such agreement, and an update on the status of eligible computer data centers under agreements entered into before the preceding calendar year. (M) A taxpayer may be made a party to an existing agreement entered into under this section by the tax credit authority and another taxpayer or group of taxpayers. In such a case, the taxpayer shall be entitled to all benefits and bound by all obligations contained in the agreement and all requirements described in this section. When an agreement includes multiple taxpayers, each taxpayer shall be entitled to a direct payment permit as authorized in division (I) of this section. Am. Sub. H. B. No. 96 136th G.A. 171 Sec. 122.1710. (A) As used in this section: (1) "Low-income individual" has the same meaning as "low-income person" in section 122.66 5101.311 of the Revised Code. (2) "Microcredential" has the same meaning as in section 122.178 of the Revised Code. (3) "OhioMeansJobs web site" has the same meaning as in section 6301.01 of the Revised Code. (4) "Partially unemployed" and "totally unemployed" have the same meanings as in section 4141.01 of the Revised Code. (5) "Training provider" means all of the following: (a) A state institution of higher education as defined in section 3345.011 of the Revised Code; (b) An Ohio technical center as defined in section 3333.94 of the Revised Code; (c) A private business or institution that offers training to allow an individual to earn one or more microcredentials. (6) "Fiscal year" means the fiscal year of this state as specified in section 9.34 of the Revised Code. (B) There is hereby created the individual microcredential assistance program to reimburse training providers for training costs for individuals to earn a microcredential. The department of development, in consultation with the governor's office of workforce transformation, shall administer the program. The director shall administer the program so that the total reimbursement to each training provider approved to participate in the program occurs at least once per fiscal year. (C) A training provider seeking to participate in the program shall submit an application to the director of development at the beginning or before the beginning of a fiscal year, but not later than the date established by the director. The training provider shall include in the application all of the following information: (1) The number of microcredentials the training provider will seek a reimbursement for and the names of the microcredentials; (2) The cost of the training for each microcredential; (3) The total amount of the reimbursement the training provider will seek; (4) The training provider's plan to provide opportunities for individuals who are low income, partially unemployed, or totally unemployed to participate in a training program and receive a microcredential; (5) Any other information the director requires. (D)(1) The director shall consider the following factors in determining whether to approve an application submitted under division (C) of this section: (a) The duration of the training program; (b) The cost of the training; (c) Whether approving an application will promote regional diversity in apportioning Am. Sub. H. B. No. 96 136th G.A. 172 reimbursements uniformly across the state; (d) The training provider's commitment to providing opportunities for individuals who are low income, partially unemployed, or totally unemployed to participate in a training program and receive a microcredential. (2) In determining regional diversity under division (D)(1)(c) of this section, the director shall use the regions established under division (G) of section 122.178 of the Revised Code. (3) The director shall not approve an application submitted under this section if either of the following apply: (a) The microcredentials identified in the application are not included in the list the chancellor of higher education establishes under section 122.178 of the Revised Code. (b) The training provider has violated Chapter 4111. of the Revised Code within the four fiscal years immediately preceding the date of application. (4) The director shall notify a training provider in writing of the director's decision to approve or deny the training provider's application to participate in the program. (E) A participating training provider shall not charge an individual participating in a training program to earn a microcredential for which the training provider is seeking a reimbursement for either of the following: (1) Any costs associated with the individual's participation in the training program; (2) Any costs to the training provider resulting from an individual not completing the training program. (F)(1) Each participating training provider seeking reimbursement for training costs for one or more microcredentials earned by one or more individuals in a training program shall submit an application to the director after the individual or individuals have earned a microcredential. The training provider shall submit the reimbursement application during the fiscal year in which the training provider applied under division (C) of this section, but not later than the date established by the director. The training provider shall include in the reimbursement application all of the following information: (a) The actual cost for the training provider to provide each individual with the training; (b) Evidence that each individual earned a microcredential; (c) Any demographic information of each individual that the individual provides to the training provider, including race and gender. (2) The amount of the reimbursement shall be not more than three thousand dollars for each microcredential an individual receives. A participating training provider may not receive a reimbursement for any additional individual who earns a microcredential beyond the number of microcredentials included in the application under division (C) of this section. A participating training provider may receive a total reimbursement of five hundred thousand dollars in a fiscal year. However, each participating training provider that is a state institution of higher education may receive a total reimbursement or advance payment amount under section 122.1713 of the Revised Am. Sub. H. B. No. 96 136th G.A. 173 Code of one million dollars in a fiscal year. (3) A training provider may request that an individual participating in the training provider's program provide demographic information to the training provider, including race and gender. An individual is not required to provide that information. (G) The director shall do both all of the following regarding the operation of the program: (1) Create an application to participate in the program and an application for reimbursement; (2) Create applications to participate in and seek advance payments under the platinum provider programs established under sections 122.1712 and 122.1713 of the Revised Code; (3) Create and distribute a survey to each individual who successfully earned a microcredential because of a reimbursement to a training provider under this section inquiring as to the individual's occupation and wages at the time of completing the survey. (H) The director shall include on the internet web site maintained by the department, and the governor's office of workforce transformation shall include on the office's internet web site and the OhioMeansJobs web site, all of the content created under division (G) of this section. (I) The director may adopt rules in accordance with Chapter 119. of the Revised Code as the director considers necessary to implement this section and sections 122.1712 and 122.1713 of the Revised Code, including establishing priority guidelines for approving applications under division (D) of this section. (J) Any personal information of an individual the director receives in connection with the individual microcredential assistance program created under this section is not a public record for purposes of section 149.43 of the Revised Code. However, the director may use the information as necessary to complete the reports required under section 122.1711 of the Revised Code. Sec. 122.1712. (A) As used in this section: (1) "Fiscal year" means the fiscal year of this state as specified in section 9.34 of the Revised Code. (2) "Individual microcredential assistance program" means the individual microcredential assistance program created under section 122.1710 of the Revised Code. (3) "Microcredential" has the same meaning as in section 122.178 of the Revised Code. (4) "Training provider" means all of the following: (a) An Ohio technical center as defined in section 3333.94 of the Revised Code; (b) A private business or institution that offers training to allow an individual to earn one or more microcredentials; (c) A state institution of higher education as defined in section 3345.011 of the Revised Code. (B) The director of development, in consultation with the governor's office of workforce transformation, shall establish a platinum provider program. A training provider that is approved to participate in the individual microcredential assistance program and that meets the requirements specified under this section is eligible to participate in the platinum provider program. A training Am. Sub. H. B. No. 96 136th G.A. 174 provider approved to participate in the platinum provider program may receive one or more advance payments to cover the training costs for individuals to earn a microcredential under the individual microcredential assistance program. (C) A training provider seeking to participate in the platinum provider program shall apply to the director on a form prescribed by the director after the training provider is approved to participate in the individual microcredential assistance program. The training provider shall include in the application all of the following information: (1) The advance payment amount the training provider is seeking, not to exceed twenty per cent of the total reimbursement amount the training provider seeks under division (C) of section 122.1710 of the Revised Code; (2) Evidence that at least eighty per cent of individuals who participated in training programs offered by the training provider in the previous fiscal year earned a microcredential under the individual microcredential assistance program; (3) The number of microcredentials for which the training provider is seeking an advance payment and the names of the microcredentials; (4) The cost of the training for each microcredential for which the training provider is seeking an advance payment; (5) Proof that the training provider has obtained a surety bond that meets the requirements of division (J) of this section. (D) The director shall notify a training provider in writing of the director's decision to approve or deny an application the training provider submits under division (C) of this section. If the director approves the application, the director shall do both of the following: (1) Designate the training provider as a platinum provider; (2) Provide an initial advance payment to the platinum provider in the amount specified in the application but not exceeding any of the amounts described under division (F) of this section. (E) After each training program that a platinum provider administers during a fiscal year that results in at least one individual earning a microcredential, the provider may apply for a subsequent advance payment of not more than the least of the amounts described under division (F) of this section. The provider shall include in the application the same information as described under division (C) of this section. If a provider applies for a subsequent advance payment under this division, one of the following applies depending on the training program's completion rate: (1) If at least eighty per cent of the individuals who participated in the training program earned a microcredential, the director shall provide a subsequent advance payment to the provider in the amount specified in the application. (2) If less than eighty per cent of the individuals who participated in the training program earned a microcredential, to be eligible for a subsequent advance payment, the provider shall refund to the director a certain per cent of the advance payment amount that was last provided to the provider during the fiscal year as determined under division (E)(2)(a) of this section. Am. Sub. H. B. No. 96 136th G.A. 175 (a) The per cent a provider must refund to be eligible for a subsequent advance payment under division (E)(2) of this section is the difference between eighty per cent and the per cent of individuals who earned a microcredential. (b) For a provider to whom division (E)(2) of this section applies, if the provider complies with that division, the director shall provide a subsequent advance payment to the provider in the amount specified in the provider's application. If the provider does not comply with that division, the director shall not provide a subsequent advance payment. (F) In no case shall the director provide an advance payment under this section that exceeds the least of the following amounts: (1) Twenty per cent of the total amount of reimbursement the platinum provider seeks under division (C) of section 122.1710 of the Revised Code; (2) The amount of the provider's surety bond required by division (J) of this section, less any previous advance payment the provider is required to refund to the director under division (G) of this section, if the provider has not yet completed the refund; (3) One hundred thousand dollars. (G)(1) If the director approves a reimbursement application that a platinum provider submits under division (F) of section 122.1710 of the Revised Code, the director shall reimburse the platinum provider for the total actual cost for the platinum provider to provide training to individuals who earned a microcredential in accordance with that division less the total advance payment amount provided to the platinum provider under this section. The director shall not reimburse the platinum provider for any amounts the platinum provider refunded to the director under division (E) (2) of this section. If the platinum provider specifies in the reimbursement application that the total actual cost for the platinum provider to provide the training is less than the total advance payment amount provided to the platinum provider under this section, the platinum provider shall refund to the director the difference between the advance payment amount and the actual training cost. (2) If a platinum provider fails to apply for reimbursement under division (F) of section 122.1710 of the Revised Code, the director shall require the platinum provider to refund the total advance payment amount provided to the platinum provider under this section. (H) If, at the time a platinum provider seeks reimbursement under division (F) of section 122.1710 of the Revised Code, the director determines that less than eighty per cent of individuals who participated in training programs provided by the platinum provider in the fiscal year earned a microcredential or that the platinum provider has failed to maintain the bond required under division (J) of this section, both of the following apply: (1) The director shall revoke the provider's status as a platinum provider; (2) The provider is ineligible to participate in the platinum provider program for the following fiscal year. (I) A training provider whose platinum status is revoked under division (H) of this section may reapply to participate in the platinum provider program in the fiscal year that follows the fiscal Am. Sub. H. B. No. 96 136th G.A. 176 year in which the training provider is ineligible to participate in the program under that division. (J) A training provider that is certified as a platinum provider or that seeks to participate in the platinum provider program shall maintain a surety bond issued by a bonding company or an insurance company licensed to do business in this state. The bond shall be in favor of the director in an amount not less than the sum of the total advance payments received by the provider for the fiscal year plus any advance payments for previous fiscal years that the provider is required to refund under division (G) of this section, if the provider has not yet completed the refund. The provider shall maintain the bond for so long as it participates in the program and shall not allow it to expire or terminate until all of the provider's obligations under division (G) of this section are fulfilled. Sec. 122.1713. (A) As used in this section: (1) "Fiscal year" means the fiscal year of this state as specified in section 9.34 of the Revised Code. (2) "Individual microcredential assistance program" means the individual microcredential assistance program created under section 122.1710 of the Revised Code. (3) "Microcredential" has the same meaning as in section 122.178 of the Revised Code. (4) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code. (B) The director of development, in consultation with the governor's office of workforce transformation, shall establish an institutional platinum provider program for state institutions of higher education approved to participate in the individual microcredential assistance program. (C) Each state institution of higher education shall do both of the following: (1) Provide at least two in-person training programs and at least one online training program for individuals to earn a microcredential; (2) Not later than the thirty-first day of December immediately after the effective date of this section, and not later than the thirty-first day of December of each year thereafter, apply to participate in the individual microcredential assistance program. (D) If the director approves a state institution of higher education's application to participate in the individual microcredential assistance program, all of the following apply: (1) The director shall designate the institution as an institutional platinum provider. (2) The institution may participate in the institutional platinum provider program established under this section. (3) The institution is eligible to apply for one or more advance payments under this section to cover training costs for individuals to earn a microcredential. (E) An institutional platinum provider may apply for an initial advance payment of not more than twenty per cent of the total reimbursement amount the institution seeks under division (C) of section 122.1710 of the Revised Code. If an institution submits an application under this division, the director shall provide an advance payment to the institution in the amount specified in the application. Am. Sub. H. B. No. 96 136th G.A. 177 (F) After each training program that an institutional platinum provider administers during a fiscal year that results in at least one individual earning a microcredential, the institution may apply for a subsequent advance payment of not more than twenty per cent of the total reimbursement amount the institution seeks under division (C) of section 122.1710 of the Revised Code. If an institution applies for a subsequent advance payment under this division, one of the following applies depending on the training program's completion rate: (1) If at least fifty per cent of the individuals who participated in the training program earned a microcredential, the director shall provide a subsequent advance payment to the institution in the amount specified in the application. (2) If less than fifty per cent of the individuals who participated in the training program earned a microcredential, to be eligible for a subsequent advance payment, the institution shall refund to the director a certain per cent of the advance payment amount that was last provided to the institution during the fiscal year as determined under division (F)(2)(a) of this section. (a) The per cent an institution must refund to be eligible for a subsequent advance payment under division (F)(2) of this section is the difference between fifty per cent and the per cent of individuals who earned a microcredential. (b) For an institution to whom division (F)(2) of this section applies, if the institution complies with that division, the director shall provide a subsequent advance payment to the institution in the amount specified in the institution's application. If the institution does not comply with that division, the director shall not provide a subsequent advance payment. (G) In no case shall the total amount of the advance payments an institutional platinum provider receives under this section during any fiscal year exceed the total reimbursement amount the institution seeks under division (C) of section 122.1710 of the Revised Code. (H) If the director approves a reimbursement application that an institutional platinum provider submits under division (F) of section 122.1710 of the Revised Code, the director shall reimburse the institution in accordance with that division for the total actual cost for the institution to provide training to individuals who earned a microcredential less the total advance payment amount provided to the institution under this section. The director shall not reimburse the institution for any amounts the institution refunded to the director under division (F)(2) of this section. If the institution specifies in the reimbursement application that the total actual cost for the institution to provide the training is less than the total advance payment amount provided to the institution under this section, the institution shall refund to the director the difference between the advance payment amount and the actual training cost. Sec. 122.41. The director of development services is invested with the powers and duties provided in Chapter 122. of the Revised Code, in order to promote the welfare of the people of the state, 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 Am. Sub. H. B. No. 96 136th G.A. 178 opportunities, or improve the economic welfare of the people of the state, and also to assist in the financing of air, water, or thermal pollution control facilities and solid waste disposal facilities by mortgage insurance as provided in section 122.451 of the Revised Code. It is hereby determined that the accomplishment of such purposes is essential so that the people of the state may maintain their present high standards 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 and that it is necessary for the state to establish the programs authorized pursuant to Chapter 122. of the Revised Code and invest the director of development services with the powers and duties provided in Chapter 122. of the Revised Code. The powers granted to the director by Chapter 165. of the Revised Code are independent of and in addition and alternate to, and are not limited or restricted by, Chapter 122. of the Revised Code. Sec. 122.42. (A) The director of development 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 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 section 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 Am. Sub. H. B. No. 96 136th G.A. 179 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 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 Am. Sub. H. B. No. 96 136th G.A. 180 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, 122.921, and 125.081 of the Revised Code. (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 fund provided in sections section 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. 122.47. At the request of the director of development, the treasurer of state shall issue revenue bonds of the state for the purpose of acquiring moneys for the purposes of this chapter, which moneys shall be credited by the treasurer of state as the director of development shall determine to and among the funds established in accordance with or pursuant to sections 122.35, 122.42, and 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code. The principal of and Am. Sub. H. B. No. 96 136th G.A. 181 interest on such Such revenue bonds shall be payable solely from the sinking funds established in accordance with section 122.57 of the Revised Code at the times and in the order and manner provided in the bond issuing proceedings or in any trust agreements securing such bonds, and shall be secured by the revenue bond guaranty fund established in accordance with section 122.571 of the Revised Code and shall also be secured by moneys in the other funds established by the director to the extent and on the terms he the director specifies and by covenants of the director that he will to so manage the loans and leases and fix interest rates, charges, and rentals so as to assure receipt of net income and revenue sufficient to provide for the payment of the principal of and the interest on the revenue bonds. Sec. 122.49. The proceeds of each issue of revenue bonds issued pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code shall be used for the making of loans authorized in sections 122.43 and 122.45 of the Revised Code, for the purchase and improvement of property authorized in section 122.46 of the Revised Code, for insuring mortgage payments authorized in section 122.451 of the Revised Code, and for the crediting into and among the funds established in accordance with sections 122.35, and 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code, but subject to such conditions, limitations, and covenants with the purchasers and holders of the bonds as shall be provided for in the bond authorization proceedings and in the trust agreement securing the same. Provision shall be made by the director of development services for the payment of the expenses of the director in operating the assistance programs authorized under this chapter in such manner and to such extent as shall be determined by the director. Sec. 122.53. In the discretion of the treasurer of state, any bonds issued under sections 122.39 and 122.41 to 122.62 of the Revised Code, may be secured by a trust agreement between the treasurer of state and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement may pledge or assign payments of principal of and interest on loans, charges, fees, and other revenue to be received by the director of development services, all rentals received under leases made by the director, and all proceeds of the sale or other disposition of property held by the director, and may provide for the holding in trust by the trustee to the extent provided for in the proceedings authorizing such bonds, of all such moneys and moneys otherwise payable into the mortgage guarantee fund created by section 122.56 of the Revised Code, and all moneys otherwise payable into the mortgage insurance fund created by section 122.561 of the Revised Code, and of moneys payable into the sinking fund or funds referred to in section 122.57 of the Revised Code, but shall not convey or mortgage any of the real or personal property held by the director or any part thereof. Any such trust agreement, or any proceedings providing for the issuance of such bonds, may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the director in relation to the acquisition of property, and the construction, Am. Sub. H. B. No. 96 136th G.A. 182 improvement, maintenance, repair, operation, and insurance of facilities, the making of loans and leases and the terms and provisions thereof, and the custody, safeguarding, investment, and application of all moneys, and provisions for the employment of consulting engineers or other consultants in connection with the making of loans and leases and the construction or operation of any facility. Any bank or trust company incorporated under the laws of this state which may act as trustee or as depository of the proceeds of bonds or of revenue may furnish such indemnifying bonds or may pledge such securities as are required by the treasurer of state. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. Such trust agreement may contain such other provisions as the treasurer of state deems reasonable and proper for the security of the bondholders. All expenses incurred by the treasurer of state in carrying out the provisions of any such trust agreement shall be treated as a part of the cost of the operation of the assistance programs authorized pursuant to Chapter 122. of the Revised Code. Any such trust agreement may provide the method whereby general administrative overhead expense of the director with respect to those assistance programs shall be allocated among the funds established pursuant to Chapter 122. of the Revised Code with respect to the operating expenses of the director payable out of the income of the assistance programs. Sec. 122.571. In addition to the separate sinking funds created under section 122.57 of the Revised Code, there There is hereby created the revenue bond guaranty fund to consist of all money allocated by the director of development to guarantee payment of interest on, principal of and redemption premium on, the revenue bonds issued by the director under Chapter 122. of the Revised Code, all grants, gifts, and contributions made to the director for such purpose, and all money and property provided by law for such purpose. Sec. 122.59. In the event of a default with respect to any loan or lease, the director of development shall take such action as he the director deems proper in the circumstances to enforce and protect the rights of the director, and such action as may be required by the provisions of any proceedings authorizing the revenue bonds or of any trust agreement securing such bonds, which may include any appropriate action at law or in equity, enforcement or waiver of any provision of any mortgage or security agreement or lease, or reinstatement of any forfeited or cancelled right, title, or privilege. Notwithstanding any such action, the director shall transfer from the mortgage guarantee fund created by section 122.56 of the Revised Code to the sinking fund or funds referred to in section 122.57 of the Revised Code amounts not greater than the amounts which would have been paid upon such loan or under such lease but for such default, at the time or times when such amounts would have been paid but for such defaults, to the extent provided in the proceedings authorizing and the trust agreements securing such bonds, to be held and applied as other moneys in the sinking fund, and shall make such other transfers and take such other action as shall be required of the director by any such bond issuance proceedings or trust agreement. Am. Sub. H. B. No. 96 136th G.A. 183 Sec. 122.631. (A) As used in sections 122.631 to 122.633 of the Revised Code: (1) "Qualified nonprofit developer" means a nonprofit corporation, as defined in section 1702.01 of the Revised Code, that is all of the following: (a) Incorporated in this state; (b) Engaged in community development activities primarily within an identified geographic area of operation in this state; (c) Has as its primary purpose the improvement of the physical, economic, or social environment by addressing critical problems in that geographic area of operation including housing. (2) "Electing subdivision," "county land reutilization corporation," and "land reutilization program" have the same meanings as in section 5722.01 of the Revised Code. (2)(3) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code, and "mobile home" has the same meaning as in section 4501.01 of the Revised Code. (3)(4) "Qualifying residential property" means single-family residential property, including a a single unit of single-family residential property that has at least eight hundred square feet of habitable space and is either a stand-alone unit or in a multi-unit property containing not more than ten single-family residential units. "Qualifying residential property" excludes mobile homes but includes both of the following: (a) A manufactured home; (b) A single unit in a multi-unit property containing not more than ten units but excluding manufactured homes, that has at least one thousand square feet of habitable space per unitthat has other nonresidential units or uses. Such nonresidential units or uses are not qualifying residential property. (4)(5) "Qualifying median income" means eighty one hundred twenty per cent of median income for the county where qualifying residential property is located, as determined by the director of development pursuant to section 174.04 of the Revised Code. (6) "Qualifying financial literacy counseling" means a homeownership course with a curriculum that includes basic home maintenance training and financial literacy. (7) "Qualifying counseling provider" means an individual, business, nonprofit organization, or political subdivision, including an agency or instrumentality thereof, that is licensed, certified, or authorized to provide homeownership counseling and financial literacy as one of its primary functions, including housing counselors certified by the United States department of housing and urban development or the Ohio housing financing agency. (B) There is created in the department of development the welcome home Ohio (WHO) program to administer the grants authorized by this section and section 163.632 122.632 of the Revised Code and the tax credits authorized by section 122.633 of the Revised Code. The department shall create and maintain a list of qualifying residential property to which the deed restriction described in division (D)(4) of this section, division (B)(4) of section 122.632, or division (C)(4) of section 122.633 of the Revised Code applies. That list is not a public record for purposes of Am. Sub. H. B. No. 96 136th G.A. 184 section 149.43 of the Revised Code. (C) An electing subdivision or, a county land reutilization corporation, or a qualified nonprofit developer may apply to the director of development for a grant from the welcome home Ohio fund, which is created in the state treasury, to pay or defer the cost of purchasing qualifying residential property for incorporation into the electing subdivision's or county land reutilization corporation's land reutilization program or the qualified nonprofit developer's housing program . Up to two thousand dollars of each grant may be used to fund the qualifying financial literacy counseling required under division (D)(6) of this section. To the extent that funding is available in that fund, the director may award grants to electing subdivisions and, county land reutilization corporations, and qualified nonprofit developers that make such an application and agree to comply with division (D) of this section, with a maximum grant of one hundred thousand dollars per qualifying residential property. (D) The director of development shall require all applicants for a grant authorized by division (C) of this section to agree, as part of the application, to all of the following: (1) That grant funds shall only be used to pay the cost of purchasing qualifying residential property; (2) That qualifying residential property on which grant funds are spent shall be held until sold to an individual or individuals who, inclusively: (a) Have annual income that is not more than the qualifying median income; (b) Demonstrate the financial means to purchase the qualifying residential property; (c) Agree to maintain ownership of the qualifying residential property, occupy it as a primary residence, and not to rent any portion of the property to another individual for use as a dwelling, for at least five three years following the date of purchase; (d) Agree not to sell the qualifying residential property, within twenty fifteen years after the date of the sale, to any purchaser except other than the electing subdivision, county land reutilization corporation, or qualified nonprofit developer or an individual or individuals who have annual income that is not more than the qualifying median income; (e) Agree to pay a penalty to the director of development for violation of the agreement required by division (D)(2)(c) of this section that, subject to divisions (F)(2) and (3) of this section, equals ninety thousand dollarsthe amount of the grant attributable to the property, less eighteen thousand dollars one-third of that amount multiplied by the number of full years the individual or individuals owned the property; (f) Agree that the director of development is a third-party beneficiary of the purchase agreement; (g) Agree to participate in the applicant's qualifying financial literacy program; (h) Agree to annually certify to the director of development or the director's designee, during the period described by division (D)(2)(c) of this section, that the individual or individuals own and occupy the qualifying residential property, and that no part of the property is being rented to another Am. Sub. H. B. No. 96 136th G.A. 185 individual for use as a dwelling. (3) That qualifying residential property on which grant funds are spent shall be sold for not more than one two hundred eighty twenty thousand dollars per property. (4) That qualifying residential property on which grant funds are spent shall not be sold without a deed restriction prohibiting the sale of the property to a person that is not the electing subdivision, county land reutilization corporation, or qualified nonprofit developer or an individual or individuals who have annual income that is not more than the qualifying median income for twenty fifteen years after the date of the property's first transfer from the applicant following the use of grant funds. The deed restriction is a covenant running with the land and is fully binding on subsequent purchasers of the property until it expires on the fifteenth anniversary of the property's first transfer from the applicant following the use of grant funds. The electing subdivision, county land reutilization corporation, or qualified nonprofit developer may include in the deed restriction a right of first refusal to repurchase the property for the purpose of ensuring that the property is ultimately sold to an individual or individuals who have annual income that is not more than the qualifying median income. (5) That the applicant shall repay all grant funds not expended to purchase qualifying residential property or to fund the qualifying financial literacy counseling required by division (D) (6) of this section and all grant funds expended to purchase qualifying residential property that is not sold to an individual or individuals who meet the requirements described in division (D)(2) of this section or that is sold without the deed restriction described in division (D)(4) of this section. (6) That the applicant shall provide qualifying financial literacy counseling, over a minimum of one yearsix months, delivered by a qualifying counseling provider, to each purchaser of qualifying residential property on which grant funds are spent. An applicant may provide information regarding its qualifying financial literacy program to the director of development for review as part of the application or prior to application. Financial Qualifying financial literacy counseling provided by the applicant to the same purchaser, in accordance with division (B)(6) of section 122.632 of the Revised Code or division (C)(5) of section 122.633 of the Revised Code, satisfies the requirements of division (D)(6) of this section. (7) That the applicant shall report to the department of development the date when the qualifying residential property that is the subject of the application is sold by the applicant. (E) The director of development has authority and standing to sue for the enforcement of a deed restriction described in division (D)(4) of this section. (F)(1)(F) An electing subdivision or, a county land reutilization corporation, or a qualified nonprofit developer may apply for, and the director of development may award both a grant under this section for the purchase of qualifying residential property, and either a grant under section 122.632 of the Revised Code, or a tax credit under section 122.633 of the Revised Code, to rehabilitate or construct the same qualifying residential property. (2) If an electing subdivision or county land reutilization is awarded a grant under this Am. Sub. H. B. No. 96 136th G.A. 186 section and a grant under section 122.632 of the Revised Code for the same qualifying residential property, and the individual or individuals who purchase the property violate both of the agreements required by division (D)(2)(c) of this section and division (B)(2)(c) of section 122.632 of the Revised Code, only the penalty described by division (B)(2)(e) of section 122.632 of the Revised Code applies. (3) If an electing subdivision or county land reutilization is awarded a grant under this section and a tax credit under section 122.633 of the Revised Code for the same qualifying residential property, and the individual or individuals who purchase the property violate both of the agreements required by division (D)(2)(c) of this section and division (C)(2)(a) of section 122.633 of the Revised Code, only the greater of the penalties described in divisions (D)(2)(e) of this section and division (C)(2)(c) of section 122.633 of the Revised Code applies. (G)(1) The director may adopt rules in accordance with Chapter 119. Of the Revised Code as necessary to administer the grant program. Such rules may include the following: (a) Application forms, deadlines, and procedures; (b) Criteria for evaluating and prioritizing applications; (c) Guidelines for promoting an even geographic distribution of grants throughout the state; (d) Guidelines to determine the value of qualifying residential property located in a building with other uses and the total value of that building. (2) Any grants repaid under this section shall be credited to the welcome home Ohio fund. (3) An electing subdivision, a county land reutilization corporation, or a qualified nonprofit developer shall use all profits derived from the sale of qualifying residential property on which grant funds are spent, including profits derived from the resale of such property to a subsequent purchaser, for the electing subdivision's or county land reutilization corporation's land reutilization program or the qualified nonprofit developer's housing program. Sec. 122.632. (A) An electing subdivision or, a county land reutilization corporation, or a qualified nonprofit developer may apply to the director of development for a grant from the welcome home Ohio fund created in section 122.631 of the Revised Code to pay or defer the cost to rehabilitate or construct qualifying residential property held by the electing subdivision's or county land reutilization corporation's land reutilization program or the qualified nonprofit developer's housing program. To the extent that funding is available, in that fund the director may award grants to electing subdivisions and, county land reutilization corporations, and qualified nonprofit developers that make such an application and agree to comply with division (B) of this section, with a maximum grant of thirty one hundred thousand dollars per qualifying residential property. (B) The director of development shall require all applicants for a grant authorized by division (A) of this section to agree, as part of the application, to all of the following: (1) That grant funds shall only be used to pay the cost of rehabilitation or construction of qualifying residential property and all work will be completed according to all applicable construction and design standards; . Up to two thousand dollars of each grant may be used to fund Am. Sub. H. B. No. 96 136th G.A. 187 the qualifying financial literacy counseling required under division (B)(6) of this section. If grant funds are spent to construct or rehabilitate a qualifying residential property described in division (A) (4)(b) of section 122.631 of the Revised Code, then no portion of the funds shall be spent to construct or rehabilitate portions of the building that are for nonresidential uses, except for common areas used by the occupants of the residential units and improvements that serve both the residential units and the other portions of the building. (2) That qualifying residential property on which grant funds are spent shall be held until sold to an individual or individuals who, inclusively: (a) Have annual income that is not more than the qualifying median income; (b) Demonstrate the financial means to purchase the qualifying residential property; (c) Agree to maintain ownership of the qualifying residential property, occupy it as a primary residence, and not to rent any portion of the property to another individual for use as a dwelling, for at least five three years following the date of purchase; (d) Agree not to sell the qualifying residential property, within twenty fifteen years after the date of the sale, to any purchaser except other than the electing subdivision, county land reutilization corporation, or qualified nonprofit developer or an individual or individuals who have annual income that is not more than the qualifying median income; (e) Agree to pay a penalty to the director of development for violation of the agreement required by division (B)(2)(c) of this section that, subject to division (F)(2) of section 122.631 of the Revised Code, equals ninety thousand dollarsthe amount of the grant attributable to the property, less eighteen thousand dollars one-third of that amount multiplied by the number of full years the individual or individuals owned the property. (f) Agree that the director of development is a third-party beneficiary of the purchase agreement; (g) Agree to participate in the applicant's qualifying financial literacy program; (h) Agree to annually certify to the director of development or the director's designee, during the period described by division (B)(2)(c) of this section, that the individual or individuals own and occupy the qualifying residential property, and that no part of the property is being rented to another individual for use as a dwelling. (3) That qualifying residential property on which grant funds are spent shall be sold for not more than one two hundred eighty twenty thousand dollars per property. (4) That qualifying residential property on which grant funds are spent shall not be sold without a deed restriction prohibiting the sale of the property to a person that is not the electing subdivision, county land reutilization corporation, or qualified nonprofit developer or an individual or individuals who have annual income that is not more than the median income for twenty fifteen years after the date of the property's first transfer from the applicant following the use of grant funds;. The deed restriction is a covenant running with the land and is fully binding on subsequent purchasers of the property until it expires on the fifteenth anniversary of the property's first transfer Am. Sub. H. B. No. 96 136th G.A. 188 from the applicant following the use of grant funds. The electing subdivision, county land reutilization corporation, or qualified nonprofit developer may include in the deed restriction a right of first refusal to repurchase the property for the purpose of ensuring that the property is ultimately sold to an individual or individuals who have annual income that is not more than the qualifying median income. (5) That the applicant shall repay all grant funds expended on any expenses other than the construction or rehabilitation of qualifying residential property or financial literacy counseling required under division (B)(6) of this section, or on qualifying residential property that is not sold to an individual or individuals who meet the requirements described in division (B)(2) of this section or that is sold without the deed restriction described in division (B)(4) of this section; (6) That the applicant shall provide financial qualifying literacy counseling, over a minimum of one yearsix months, delivered by the qualifying counseling provider, to each purchaser of qualifying residential property on which grant funds are spent. An applicant may provide information regarding its qualifying financial literacy program to the director of development for review as part of the application or prior to application; (7) That the applicant shall report to the department of development the date when the qualifying residential property that is the subject of the application is sold by the applicant. (8) That, if grant funds are received, the qualifying residential property that is the subject of the application shall not be the subject of an application for a tax credit under section 122.633 of the Revised Code. (C) The director of development is granted authority and standing to sue for the enforcement of a deed restriction described in division (B)(4) of this section. (D)(1) The director may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to administer the grant program. Such rules may include the following: (a) Application forms, deadlines, and procedures; (b) Criteria for evaluating and prioritizing applications; (c) Guidelines for promoting an even geographic distribution of grants throughout the state; (d) Guidelines to determine the value of qualifying residential property located in a building with other uses and the total value of that building. (2) Any grants repaid under this section shall be credited to the welcome home Ohio fund. (3) An electing subdivision, a county land reutilization corporation, or a qualified nonprofit developer shall use all profits derived from the sale of qualifying residential property on which grant funds are spent, including profits derived from the resale of such property to a subsequent purchaser, for the electing subdivision's or county land reutilization corporation's land reutilization program or the qualified nonprofit developer's housing program. Sec. 122.633. (A) As used in this section, "eligible developer" means any of the following: (1) A nonprofit corporation, as defined in section 1702.01 of the Revised Code, based in this state with a primary activity of the development and preservation of affordable housing; Am. Sub. H. B. No. 96 136th G.A. 189 (2) A limited partnership or domestic limited partnership, as defined in section 1782.01 of the Revised Code, in which a general partner is a nonprofit corporation based in this state, a primary activity of which is the development and preservation of affordable housing; (3) A limited liability company, as defined in section 1706.01 of the Revised Code, in which the manager is a nonprofit corporation based in this state, a primary activity of which is the development and preservation of affordable housing; (4) A community improvement corporation, as defined in section 1724.01 of the Revised Code, or a community urban redevelopment corporation, as defined in section 1728.01 of the Revised Code. (B) An electing subdivision or eligible developer that rehabilitates or constructs a unit of qualifying residential property and sells the property to an individual or individuals for the individual's or individuals' occupancy may apply to the director of development for a nonrefundable credit against the tax levied under section 5726.02 or 5747.02 of the Revised Code, provided the rehabilitation or construction and the sale comply with division (C) of this section. The credit application shall be made on forms prescribed by the director. The credit shall equal ninety thousand dollars or one-third ninety per cent of the cost to rehabilitate or construct the property, whichever is less. (C) An application for a credit authorized by division (C) (B) of this section shall certify all of the following: (1) That the rehabilitation or construction of qualifying residential property that is the subject of the application was completed according to all applicable construction and design standards; (2) That each qualifying residential property that is the subject of the application was sold to an individual or individuals who have annual income that is not more than the qualifying median income, demonstrated the financial means to purchase the qualifying residential property, and agreed to all of the following in the purchase agreement: (a) To maintain ownership of the qualifying residential property, occupy it as a primary residence, and not to rent any portion of the property to another individual for use as a dwelling, for at least five three years following the date of purchase; (b) Not to sell the qualifying residential property to a purchaser other than the electing subdivision, the eligible developer, or an individual or individuals who have annual income that is no more than the qualifying median income for at least twenty fifteen years after the date of purchase; (c) To pay a penalty to the director of development for violation of the agreement required by division (C)(2)(a) of this section that, subject to division (F)(3) of section 122.631 of the Revised Code, equals the total amount of the tax credit authorized by this section and attributable to the qualifying residential property purchased by the individual, reduced by twenty per cent one-third of that amount for each full year the individual or individuals owned the property; (d) That the director of development is a third-party beneficiary of the purchase agreement; Am. Sub. H. B. No. 96 136th G.A. 190 (e) To participate in the applicant's qualifying financial literacy program; (f) Agree to annually certify to the director of development or the director's designee, during the period described by division (C)(2)(a) of this section, that the individual or individuals own and occupy the qualifying residential property, and that no part of the property is being rented to another individual for use as a dwelling. (3) That the qualifying residential property that is the subject of the application was sold for not more than one two hundred eighty twenty thousand dollars; (4) That the purchaser of the qualifying residential property that is the subject of the application was transferred with a deed restriction prohibiting the sale of the property to a person other than the electing subdivision, the eligible developer, or an individual or individuals who have annual income that is not more than the qualifying median income for at least twenty fifteen years after the date of transfer. The deed restriction is a covenant running with the land and is fully binding on subsequent purchasers of the property until it expires on the fifteenth anniversary of the property's first transfer from the applicant under this section. The electing subdivision or eligible developer may include in the deed restriction a right of first refusal to repurchase the property for the purposes of ensuring that the property is ultimately sold to an individual or individuals who have annual income that is not more than the qualifying median income. (5) That the applicant provides a minimum of one year six months of qualifying financial literacy counseling, delivered by a qualifying counseling provider, to each purchaser of qualifying residential property that is the subject of the application. An applicant may provide information regarding its qualifying financial literacy program to the director of development for review as part of the application or prior to application; . (6) That the applicant shall report to the department of development the date when the qualifying residential property that is the subject of the application is sold by the applicant. (7) That the qualifying residential property that is the subject of the application was not rehabilitated or constructed using grant funds received under section 122.632 of the Revised Code. (D) The director of development is granted authority and standing to sue for the enforcement of a deed restriction described in division (C)(4) of this section. (E)(1) Subject to division (E)(2) of this section, if the director determines that the applicant qualifies for a credit under this section, the director shall issue a tax credit certificate to the applicant identified with a unique number and listing the amount of the credit that is eligible to be transferred or claimed pursuant to division (E)(3) or (F) of this section. (2) The total amount of tax credits issued by the director under this section after the effective date of this amendment shall not exceed twenty-five twenty million dollars in any fiscal year, and no tax credits shall be issued after June 30, 20252027. (3) A person granted a certificate pursuant to division (E)(1) of this section may claim the credit against the tax levied under section 5726.02 of the Revised Code or against the person's aggregate tax liability under section 5747.02 of the Revised Code for the taxable year in which the Am. Sub. H. B. No. 96 136th G.A. 191 certificate is issued. The taxpayer shall claim the credit in the order prescribed by section 5726.98 or 5747.98 of the Revised Code, as applicable. Any unused amount may be carried forward for the following five taxable years. If the person is a pass-through entity, any taxpayer that is a direct or indirect investor in the pass-through entity on the last day of the entity's taxable year may claim the taxpayer's proportionate or distributive share of the credit against the taxpayer's aggregate amount of tax levied under section 5747.02 of the Revised Code. A taxpayer claiming a credit under this section shall submit a copy of the certificate with the taxpayer's return or report. (F) A person granted a certificate pursuant to division (E)(1) of this section may transfer the right to claim all or part of the credit reflected on the certificate to another person. To effectuate the transfer, the transferor shall notify the tax commissioner, in writing, that the transferor is transferring the right to claim all or part of the remaining credit stated on the certificate. The transferor shall identify in that notification the certificate's number, the name and the tax identification number of the transferee, the amount of the remaining credit transferred to the transferee, and, if applicable, the amount of remaining credit retained by the transferor. The transferee may claim the amount of the credit received under this division against the tax levied under section 5726.02 of the Revised Code or against the person's aggregate tax liability under section 5747.02 of the Revised Code for the taxable year in the same manner and for the same taxable years as it may be claimed by a person under division (E)(3) of this section. Any person to which a credit has been transferred under this division may transfer the right to claim all or part of the transferred credit amount to any other person, in the same manner prescribed by this division for the initial transfer, including that any such transfer be reported by the transferor to the tax commissioner as described in this division. Transferring a credit under this division does not extend the taxable years for which the credit may be claimed or number of years for which the unclaimed credit amount may be carried forward. (G) The director may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to administer the tax credits authorized by this section. Such rules may include the following: (1) Application forms, deadlines, and procedures; (2) Criteria for evaluating and prioritizing applications; (3) Guidelines for promoting an even geographic distribution of credits throughout the state. Sec. 122.636. (A) As used in this section: (1) "Major economic development project" means a project in this state that is reasonably expected to create, retain, and attract jobs or otherwise improve the economic well-being of the area surrounding the project site and that meets either of the following: (a) The project is reasonably expected to create at least seven hundred new permanent jobs. (b) At least seven hundred million dollars in private investments are committed to establish, Am. Sub. H. B. No. 96 136th G.A. 192 expand, renovate, or occupy a facility as part of a single project at a designated project site, including investment in new buildings, additions or improvements to existing buildings, machinery, equipment, furniture, fixtures, and inventory. (2) "Major workforce housing project" means a project that reserves at least one hundred units, designed for residential occupancy by at least one hundred individuals or families living independently from each other. (3) "Pro-housing development policy" may include any of the following: (a) Having a process in place to increase the rate at which permits for housing developments are reviewed; (b) Having a pre-approval process in place for an expedited review of permits for a diverse range of housing developers; (c) Subsidizing or decreasing costs related to water or sewer connections and extensions for major workforce housing projects; (d) Acquiring and readying sites that are ready to be financed and built upon by developers; (e) Reducing or eliminating impact, inspection, and plan review fees for housing developers; (f) Adopting a zoning plan that includes promoting higher density, small lot size, and minimum setback requirements; (g) Developing a comprehensive plan that promotes diverse residential development options; (h) Having no or minimal parking requirements for developments that include residential units; (i) Conducting a traffic study, improving water or sewer infrastructure, improving roads, or permitting both rigid and flexible pavement types; (j) Developing partnerships to expand the provision of sewer and water services to new areas; (k) Promoting the use of non-traditional building structures such as modular or manufactured homes. (4) "Residential economic development district" means all parcels of land within a twenty- mile radius of a major economic development project. (B) A county, township, or municipal corporation that is fully or partially located within a residential economic development district may apply for a grant under this section in the form and manner prescribed by the department of development. The county, township, or municipal corporation may submit the application independently or in collaboration with a housing developer, port authority, council of government, regional planning commission, or one or more other counties, townships, or municipal corporations. The application shall, at minimum, include documentation or other evidence that proves, to the satisfaction of the department, that the applicant has done or has imminent plans to do both of the following within the district: (1) Adopt and implement pro-housing development policies; (2) Approve a major workforce housing project. Am. Sub. H. B. No. 96 136th G.A. 193 (C)(1) The department shall review applications and award grants under this section on a rolling basis, to the extent that funds are available. (2) The department shall evaluate applications and determine the amount of each grant awarded in accordance with scoring metrics that include all of the following: (a) Density, with more points awarded to projects that have more units per acre, starting at two units per acre; (b) Lot size, with more points awarded to projects that have smaller lot sizes, starting with an average of seven thousand five hundred square feet; (c) Side yard setbacks, with more points awarded to projects that have smaller setback requirements, starting with six feet; (d) Open space requirements, with more points awarded to projects that have lesser open space requirements, starting with twenty-five per cent of gross acreage; (e) Inspection, plan, impact, or water and sewer tap fee reductions, with more points awarded for lower or no fees; (f) Use of water pipe type, with more points awarded for allowing polyvinyl chloride as opposed to ductile iron; (g) Use of rigid and flexible pavement types, with more points awarded for allowing both; (h) Traffic studies and thoroughfare plans, with more points awarded for applicants that seek to use funds for those purposes and have demonstrated success in completing such studies or plans for a major workforce housing project; (i) Sanitary sewer or water extensions, with more points awarded for applicants that seek to use funds for those purposes as related to the major workforce housing project. (3) The department shall give preference to applicants that adopt more pro-housing development policies in terms of both quantity and impact. (D) If a county, township, or municipal corporation is approved for a grant under this section based on imminent plans to adopt and implement pro-housing development policies and approve a major workforce housing project, the department shall confirm that the county, township, or municipal corporation follows through with those plans, as described in the grant application, before disbursing grant funds. A grant recipient shall use the funds only for the following purposes: (1) Providing capital for housing development through grants or loans; (2) Readying sites for development; (3) Providing financial assistance for housing-related infrastructure projects including road improvements and water or sewer connections; (4) Addressing additional service or public safety needs due to increases in population. (E) The director of development shall adopt rules in accordance with Chapter 119. of the Revised Code to implement and administer this section. The rules shall address application procedures, scoring metrics, grant distribution, and state model zoning plans that include density, lot size, and setback preferences. The director shall finalize and publish the initial application Am. Sub. H. B. No. 96 136th G.A. 194 procedures and scoring metrics to the department's web site no later than December 31, 2025. (F) All applications for grants under this section and the scoring metrics used by the department of development in awarding such grants are public records for the purposes of section 149.43 of the Revised Code. (G) The general assembly, in enacting this section, hereby declares its intent to encourage major workforce housing projects in areas of the state that otherwise would not attract such developments and to increase home ownership among Ohioans. Sec. 122.6510. (A) As used in this section, "federal act" means the "Small Business Liability Relief and Brownfields Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and 9604. (B) There is hereby created in the state treasury the Brownfields Revolving Loan Fund. The Fund shall consist of all moneys received by the state from repayments of loans made under the terms of the federal act, and any other money transferred to the Fund. The Fund may be used to make grants and loans by the Director of Development Services. All investment earnings of the Fund shall be credited to the Fund. (C) The Director shall administer moneys received into the Fund and comply with all requirements imposed by the federal act in administering the funds. (D) The Director may establish a schedule of fees and charges payable by loan recipients to the Director for the administration of this section. Sec. 122.6511. (A) As used in this section and section 122.6512 of the Revised Code: (1) "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. (2) "Lead entity" means a county, township, municipal corporation, port authority, conservancy district, park district or other similar park authority, county land reutilization corporation, or organization for profit. (3) "Remediation" means any action to contain, remove, or dispose of hazardous substances or petroleum at a brownfield. "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. "Remediation" also includes demolition and infrastructure development costs. (4) "County land reutilization corporation" has the same meaning as in section 1724.01 of the Revised Code. (5) "Demolition and infrastructure development costs" means demolition costs and costs associated with constructing, upgrading, or extending infrastructure necessary to make a brownfield operational. (5)(6) "Priority investment area eligible project" means some or all of the following activities necessary or conducive for generating, transporting, storing, or transmitting electricity at the site of a brownfield or former coal mine located in a priority investment area designated under Am. Sub. H. B. No. 96 136th G.A. 195 section 122.161 of the Revised Code: (a) Environmental or cultural resource site assessments; (b) The monitoring, remediation, cleanup, or containment of land to remove any condition or substance regulated by state or federal environmental laws or regulations, including hazardous substances, hazardous wastes, solid wastes, or petroleum; (c) The demolition and removal of existing structures, grading, or other site work necessary to make a site or certain real property that includes a brownfield or former coal mine usable for economic development; (d) The development of a remediation and reuse plan; (e) The development or operation of a site for energy generation or battery storage. (B)(1) There is hereby created the brownfield remediation program to award grants for priority investment area eligible projects and 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 not award a grant exceeding ten million dollars to a priority investment area eligible project. Grants for such projects may not be used for the construction or operation of electric generating infrastructure. (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 credited to the fund. 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 (D) of this section. (2) A lead entity may submit an initial a grant application for the use of funds reserved under division (C)(1) of this section to the director. The lead entity may later submit an amended application to the director, and the director may accept and approve that application for use of funds up to the amount reserved for that county. (D) Funds from an appropriation not reserved under division (C)(1) 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 basison a case by case basis. In making the award determination, the director shall evaluate the economic merit of the project to the county, surrounding counties, and state. The director also shall ensure that projects awarded are in different regions of the state. Am. Sub. H. B. No. 96 136th G.A. 196 (E) The amendments to this section by H.B. 315 of the 135th general assembly this act apply to new projects that are applied for and awarded funding by the director of development on and after July 1, 2025the effective date of this amendment. Projects that are applied for or were applied for under this section prior to July 1, 2025, shall be governed by this section as it existed prior to July 1, 2025. 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 September 30, 2021. (4) To streamline funding through the program, each county shall have one lead entity designated in accordance with the following: (a) If the county has a population of less than one hundred thousand according to the most recent federal decennial census, the director shall select the lead entity from a list of recommendations made by the board of county commissioners of the county. The board shall submit a lead entity letter of intent and any other documentation required by the director in order for the director to select a lead entity for that county. (b) If the county has a population of one hundred thousand or more according to the most recent federal decennial census and the county does not have a county land reutilization corporation, the director shall select the lead entity from a list of recommendations made by the board of county commissioners of the county. The board shall submit a lead entity letter of intent and any other documentation required by the director in order for the director to select a lead entity for that county. (c) If the county has a population of one hundred thousand or more according to the most recent federal decennial census and the county has a county land reutilization corporation, the county land reutilization corporation is the lead entity for that county. (5) The lead entity of each county shall submit all grant applications for that county. The lead entity shall submit with a grant application any agreements executed between the lead entity with other recipients that will receive grant money through the lead entity, if applicable. Such recipients may include local governments, nonprofit organizations, community development corporations, regional planning commissions, county land reutilization corporations, and community action agencies. (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 Am. Sub. H. B. No. 96 136th G.A. 197 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 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. 122.84. (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 designated in this state under 26 U.S.C. 1400Z-1 before, on, or after, October 17, 2019, the effective date of the enactment of this section by H.B. 166 of the 133rd general assembly. (3) "Business day" means a day of the week excluding Saturday, Sunday, and a legal holiday as defined under section 1.14 of the Revised Code. (4) "Investment period" means the six-month period from the first day of January to the thirtieth day of June, or from the first day of July to the thirty-first day of December. (5) "Investment" means money from any source other than grant funds that is invested to improve property located in an Ohio opportunity zone with the expectation of receiving a profit. (B) A person that invests in one or more Ohio qualified opportunity funds may apply to the director of development for a nonrefundable credit against the tax levied under section 5725.18, 5726.02, 5729.03, or 5747.02 of the Revised Code. The application shall be made on forms prescribed by the director. The director shall accept and review applications submitted under this Am. Sub. H. B. No. 96 136th G.A. 198 section during two annual periods, the first of which begins on the tenth day of January and ends after the first day of Februaryon the seventeenth day of January, and the second of which begins on the tenth day of July and ends after the first day of Auguston the seventeenth day of July. If any of those dates fall on a day that is not a business day, then the application period begins on or ends after the next business day, as applicable. The credit shall equal ten per cent of the amount of the person's investment in the fund that the fund invested during the immediately preceding investment period in projects located in Ohio opportunity zones. The person shall include the following information with the person's application: (1) The amount of the person's investment in Ohio qualified opportunity funds, arranged according to the amount invested in each such fund if the person invested in more than one such fund; (2) A statement from an employee or officer of each Ohio qualified opportunity fund identified by the person under division (B)(1) of this section certifying the amount of the person's investment in the fund and the amount of that investment the fund invested in projects located in Ohio opportunity zones during the immediately preceding investment period. The statement shall describe each project funded by the investment and state each project's location and the portion of the person's investment invested in each such project. Unless the fund demonstrates otherwise to the director's satisfaction, the amount of a person'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 person'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 and process 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 director shall issue, within sixty days after the last day on which an application may be submitted for that application period, a tax credit certificate to the person identified with a unique number and listing the amount of credit the director determines is eligible to be claimed or transferred. (2) The total amount of tax credits issued by the director shall not exceed: (a) Seventy-five million dollars for the fiscal biennium beginning July 1, 2021, and ending June 30, 2023; (b) Fifty fifty million dollars for each of fiscal year 2024; (c) Twenty-five million dollars for each fiscal year thereafteryears 2026 and 2027. The director shall not issue any dollar amount of new tax credits under this section in any fiscal year after fiscal year 2027 unless specifically authorized by an act of the general assembly. If the tax credits issued in the first year of the fiscal biennium are less than the maximum allowed, the excess shall be carried forward to the second year of the fiscal biennium. The director shall not issue certificates to a single applicant in any fiscal biennium in an Am. Sub. H. B. No. 96 136th G.A. 199 amount that exceeds two million dollars. The director shall not issue certificates that exceed five million dollars on the basis of the same project located in an Ohio opportunity zone. 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 by a person under section 5725.38, 5726.61, 5729.21, or 5747.86 of the Revised Code, as applicable. A person that is not subject to taxation under section 5725.18, 5726.02, 5729.03, or 5747.02 of the Revised Code shall not claim the credit but if the person is the applicant to which the certificate was initially issued, the person may transfer the right to claim the credit under division (D) of this 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 person that holds a wholly or partially unclaimed certificate issued under this section may transfer the right to claim all or part of the remaining credit to any other person. To effectuate the transfer, the transferor must notify the tax commissioner, in writing, that the transferor is transferring the right to claim all or part of the remaining credit stated on the certificate. The transferor shall identify in that notification the certificate's number, the name and the tax identification number of the transferee, the amount of remaining credit transferred to the transferee, and, if applicable, the amount of remaining credit retained by the transferor. The transferee may claim the amount of credit received under this division pursuant to and in the manner required under divisions (C)(3) and (D) of this section. Transferring a credit under this division does not extend the taxable year or calendar year for which the credit may be claimed or number of years for which the unclaimed credit amount may be carried forward under section 5725.38, 5726.61, 5729.21, or 5747.86 of the Revised Code, as applicable. Any person to which a credit has been transferred under this division may transfer the right to claim all or part of the transferred credit amount to any other person, in the same manner prescribed by this division for the initial transfer, including that any such transfer be reported by the transferor to the tax commissioner as described in this division. (F) On or before the first day of August each year, the director of development 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 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 Am. Sub. H. B. No. 96 136th G.A. 200 credit application was submitted under this section; (2) The number of persons 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 persons 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 under division (B) of this section as qualifying the production a company 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 qualifying company to which a tax credit certificate is issued. (3) "Production Qualifying 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 producing or presenting 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 qualifying company directly for the production of a tax credit-eligible production, for postproduction activities, or for advertising and promotion of the production. "Eligible expenditures" do not include qualified expenditures for which a production company receives a tax credit under section 122.852 of the Revised Code. "Eligible expenditures" 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, 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 Am. Sub. H. B. No. 96 136th G.A. 201 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) "Investment intent letter" means a letter that satisfies all of the following: (a) Is executed on official letterhead of the qualifying company, investor, or investment entity; (b) Clearly states the amount of investment being committed; (c) Specifies the date on which the investment is to be made available; (d) Identifies the motion picture or broadway theatrical production to which the funds are allocated. (B) For the purpose of encouraging and developing strong film and theater industries in this state, the director of development may certify a motion picture or broadway theatrical production produced by a production qualifying 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 qualifying 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 qualifying 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 Am. Sub. H. B. No. 96 136th G.A. 202 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, which may be in the form of an investment intent letter; (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; (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, the production qualifying 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 qualifying company whose motion picture or broadway theatrical production has been certified as a tax credit-eligible production may apply to the director of development 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 Am. Sub. H. B. No. 96 136th G.A. 203 documentation required to be submitted with the application. 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 equals thirty per cent of the least of such budgeted or actual eligible expenditure amounts. (2) Except as provided in division (C)(4) of this section, if the director of development approves a production qualifying company's application for a credit, the director shall issue a tax credit certificate to the company. 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 qualifying company 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. The amount of tax credit allowed per fiscal year, through fiscal year 2027, shall not exceed the sum of (a) fifty million dollars, (b) the difference between the maximum credit amount for that fiscal year under section 122.852 of the Revised Code and the amount the director of development elects to allow under this section pursuant to division (D)(1) of section 122.852 of the Revised Code, and (c) the difference between the maximum amount of credits that could have been awarded in the previous fiscal year under this section and the amount actually awarded. Out of that sum, five million dollars shall be reserved for broadway theatrical productions, and the balance may be allowed for any tax credit-eligible production. For any fiscal year in which less than five million dollars of tax credits are allowed for broadway theatrical productions, the amount of the five million dollars not allowed and added to the maximum annual amount for the following fiscal year shall be Am. Sub. H. B. No. 96 136th G.A. 204 reserved for broadway theatrical productions in the following fiscal year. No amount of tax credit shall be allowed under this section after fiscal year 2027 unless specifically authorized by an act of the general assembly. (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 one-half of the maximum allowance for the fiscal year calculated under division (C)(4) of this section, two million five hundred thousand dollars of which shall be reserved for broadway theatrical productions. 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 on a rolling basis. 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 qualifying 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 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 the director disallows an expenditure, the director shall issue a written notice to the production company 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 and made the determination prescribed by division (D) of this section. Am. Sub. H. B. No. 96 136th G.A. 205 (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 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 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 qualifying 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 director, authorize a reimbursement payment to each production qualifying 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. 122.86. (A) As used in this section and section 5747.81 of the Revised Code: (1) "Small business enterprise" means a corporation, pass-through entity, or other person satisfying all of the following: (a) At the time of a qualifying investment, the enterprise meets all of the following Am. Sub. H. B. No. 96 136th G.A. 206 requirements: (i) Has no outstanding tax or other liabilities owed to the state; (ii) Is in good standing with the secretary of state, if the enterprise is required to be registered with the secretary; (iii) Is current with any court-ordered payments; (iv) Is not engaged in any illegal activity. (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. (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. (d) The enterprise, within six months after an eligible investor's qualifying investment is made, incurs cost for one or more of the following: (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; (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 necessary for the operation of the enterprise's business; (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; (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; (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. (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: (a) Any investment of money an eligible investor derives, directly or indirectly, from a grant Am. Sub. H. B. No. 96 136th G.A. 207 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; (b) Any investment of money which is the basis of a tax credit granted under any other section of the Revised Code. (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. (4) "Holding period" means the two-year period beginning on the day a qualifying investment is made. (5) "Pass-through entity" has the same meaning as in section 5733.04 of the Revised Code. (B) An eligible investor that makes a qualifying investment in a small business enterprise on or after July 1, 2019, but on or before November 3, 2025, 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. 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: (1) The eligible investor makes a qualifying investment on or after July 1, 2019, but on or before November 3, 2025. (2) The eligible investor pledges not to sell or otherwise dispose of the qualifying investment before the conclusion of the applicable holding period. (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. (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 Am. Sub. H. B. No. 96 136th G.A. 208 amount of the investment indicated on the investor's application. (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, the director shall not issue small business investment allocations in a total amount that would cause the tax credits claimed in that biennium to exceed fifty million dollars. (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: (a) The small business enterprise meets all the requirements listed in divisions (A)(1)(a)(i) to (iv) of this section; (b) The eligible investor does not owe any outstanding tax or other liability to the state. (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 section 122.84 of the Revised Code. (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. (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. (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: (1) Documents, records, or other information eligible investors shall provide to the director; (2) Any information a small business enterprise shall provide for the purposes of this section and section 5747.81 of the Revised Code; (3) Determination of the number of full-time equivalent employees of a small business enterprise; (4) Verification of a small business enterprise's investment; Am. Sub. H. B. No. 96 136th G.A. 209 (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. (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. Sec. 122.97. (A) The director of development may allocate the state ceiling on the aggregate amount of private activity bonds issued in this state as provided in 26 U.S.C. 146. The allocation shall be made pursuant to rules the director adopts in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Provide a formula for allocating the state ceiling, as authorized under 26 U.S.C. 146(e); (2) Authorize procedures to administer those allocations; (3) Impose fees on persons to which such allocations are issued; (4) Establish any other requirements, processes, or procedures to administer the state ceiling. (B) The development volume cap fund is created in the custody of the treasurer of state, but is not part of the state treasury. The fund shall consist of all fees paid by issuers receiving state ceiling allocations. Funds may be used to pay the department of development's costs in administering ceiling allocations. The treasurer of state shall disburse money from the fund on order of the director of development. All interest and investment income earned by the fund shall be deposited into the fund. Sec. 122.98. (A) The general assembly finds that access to affordable housing in rural areas is an important part of fostering a robust and lasting population. Accordingly, it is declared to be the public policy of the state to increase the availability of single-family homes in the rural areas through the residential development revolving loan program, administered by the department of development. (B) An eligible borrower for a residential development loan is a county, or a township or municipal corporation that is fully or partially located in a county, that meets both of the following: (1) Has a population of not more than seventy-five thousand according to the most recent federal decennial census published by the United States census bureau; (2) The number of privately owned housing units authorized by building permit in the preceding calendar year, according to the most recent data provided by the United States census bureau, is less than the average number of private housing units authorized by building permit for counties in this state over the same period. (C) An eligible borrower shall use the proceeds of a residential development loan exclusively to develop, repair, or upgrade water, sewer, transportation, electric, or gas infrastructure needed for the construction of single-family, residential dwellings that are part of a residential development project. An eligible borrower shall not use any portion of the proceeds for routine infrastructure maintenance or for developments, repairs, or upgrades that exceed the projected requirements of the residential development project. (D) The department shall not approve an application for a residential development loan Am. Sub. H. B. No. 96 136th G.A. 210 unless the eligible borrower demonstrates, to the satisfaction of the department, that the residential development project served by the infrastructure developments, repairs, or upgrades meets all of the following: (1) Is fully located in a county that meets the criteria prescribed by divisions (B)(1) and (2) of this section; (2) Has a net density of at least four single-family, residential dwellings per acre; (3) Is zoned exclusively for single-family, residential use; (4) Does not currently, and will not upon its completion, include a qualified low-income building that receives a tax credit under 26 U.S.C. 42. (E) An eligible borrower shall, at minimum, include all of the following in the loan application: (1) A description of the infrastructure developments, repairs, or upgrades to be funded by the loan and an estimate of the total cost to complete those developments, repairs, or upgrades; (2) The loan amount requested by the eligible borrower, which shall not exceed either of the following amounts: (a) Fifty per cent of the total cost of the infrastructure developments, repairs, or upgrades; (b) Thirty thousand dollars per single-family, residential dwelling included in the residential development project served by the developments, repairs or upgrades. (3) Documentation sufficient to prove, to the satisfaction of the department, all of the following: (a) That the applicant is an eligible borrower under division (B) of this section; (b) That the infrastructure developments, repairs, or upgrades meet the requirements under division (C) of this section; (c) That the residential development project served by those developments, repairs, or upgrades meets the requirements under division (D) of this section. (4) The proposed or recorded plot of the subdivision that is the basis of the development project. (5) Certification that the eligible borrower agrees to comply with all provisions of this section. (F) The department shall accept applications and make low-interest loans under this section on a rolling basis whenever funding is available. The department shall begin accepting applications for the first round of loans not later than January 1, 2026. (G) The department shall not establish or levy any fees on loan applicants or recipients. (H) An eligible borrower that receives a loan under this section shall do all of the following: (1) Exempt the residential development project served by the infrastructure developments, repairs, or upgrades, from both of the following: (a) Any building or road standards of the eligible borrower that are more stringent than those prescribed by state law; Am. Sub. H. B. No. 96 136th G.A. 211 (b) Ordinances, resolutions, rules, or restrictions of the eligible borrower concerning any of the following: (i) Minimum square footage for residential dwellings; (ii) Off-street parking; (iii) The existence, size, or placement of a garage. (2) Complete any required traffic reviews or studies for the residential development project within forty-five days after receiving the loan; (3) Provide a quarterly report to the director on the status of the work funded by the loan; (4) Repay the principal and interest of the loan in accordance with terms specified by the department. (I) The director shall develop and utilize scoring metrics in prioritizing applications, determining whether to approve low-interest loans, and determining the amount of such loans. The metrics must meet all of the following requirements: (1) Give higher priority to projects in locations with greater housing need and lack of private housing investment; (2) Consider the potential economic impact of the project and the regional distributive balance of the loans; (3) Not consider whether the project is located in an economically distressed area, including by weighting preference based on the poverty rate in the jurisdiction or census tract in which the project is located. (J) The interest rate for loans made under the program shall be the effective federal funds rate in effect at the time of the loan agreement. The department shall credit all principal, interest, and fees paid under this section by an eligible borrower to the residential development revolving loan fund created under section 122.981 of the Revised Code. Sec. 122.981. There is hereby created in the state treasury the residential development revolving loan fund. The fund shall consist of appropriations by the general assembly, money received as repayment for loans under section 122.98 of the Revised Code, fees collected in accordance with that section, and any other money transferred to the fund. All investment earnings of the fund shall be credited to the fund. The department of development shall use money in the fund exclusively to make low-interest loans under section 122.98 of the Revised Code and to offset the expenditures incurred by the department in administering that section. The aggregate amount of money used to offset the department's expenditures in any fiscal year shall not exceed five hundred thousand dollars. Sec. 123.10. (A) As used in this section and section 123.11 of the Revised Code, "public exigency" means an injury or obstruction that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it; an immediate danger of such an injury or obstruction; or an injury or obstruction, or an immediate danger of an injury or obstruction, that occurs in any public works of the state and that materially impairs its Am. Sub. H. B. No. 96 136th G.A. 212 immediate use or places in jeopardy property adjacent to it. (B) When a declaration of public exigency is issued pursuant to division (C) of this section, the Ohio facilities construction commission, or the requesting director of the state agency, state institution of higher education as defined in division (A)(1) of section 3345.12 of the Revised Code, or other state instrumentality, as determined by the executive director of the commission, shall enter into contracts with proper persons for the performance of labor, the furnishing of materials, or the construction of any structures and buildings necessary to the maintenance, control, and management of the public works of the state or any part of those public works. Any contracts awarded for the work performed pursuant to the declaration of a public exigency may be awarded without competitive bidding or selection as set forth in Chapter 153. of the Revised Code. (C) The executive director of the Ohio facilities construction commission may issue a declaration of a public exigency on the executive director's own initiative or upon the request of the director of any state agency, a state institution of higher education as defined in division (A)(1) of section 3345.12 of the Revised Code, or any other state instrumentality. The executive director's declaration shall identify the specific injury, obstruction, or danger that is the subject of the declaration and shall set forth a dollar limitation for the repair, removal, or prevention of that exigency under the declaration. Before any project to repair, remove, or prevent a public exigency under the executive director's declaration may begin, the executive director shall send notice of the project, in writing, to the director of budget and management and to the members of the controlling board. That notice shall detail the project to be undertaken to address the public exigency and shall include a copy of the executive director's declaration that establishes the monetary limitations on that project. Sec. 123.14. (A) Every two years, the department of administrative services shall conduct a comprehensive study and issue a report on all real property owned or leased by the state or a state agency. The director of administrative services shall deliver the report to the speaker of the house of representatives, the president of the senate, and the governor not later than the thirty-first day of January of every odd-numbered year. The study shall include all of the following: (1) A complete list of all the real property owned by the state or a state agency. The list shall be organized by who owns the real property, which shall include information regarding the nature of the real property, such as whether the real property includes structures, whether any structure is office space, the value of the real property, the cost of maintaining the real property, and what percentage of the real property is used or unused by the state or state agency. (2) A complete list of all the real property that the state or a state agency rents or leases, but does not own, and the cost of renting or leasing; (3) Which state agencies use the real property, whether owned or leased, and the square footage that is used, versus not used, organized by state agency; (4) How much of the real property identified in division (A)(3) of this section would be used if all employees of that agency worked in person, rather than remote. Am. Sub. H. B. No. 96 136th G.A. 213 (B) As used in this section, "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, including the nonprofit corporation formed under section 187.01 of the Revised Code, but not including the courts or any judicial agency, any state-assisted institution of higher education, or any local agency. Sec. 123.28. As used in this section and in section sections 123.281 to 123.283, except as otherwise provided in those sections, of the Revised Code: (A) "Culture" means any of the following: (1) Visual, musical, dramatic, graphic, design, and other arts, including, but not limited to, architecture, dance, literature, motion pictures, music, painting, photography, sculpture, and theater, and the provision of training or education in these arts; (2) The presentation or making available, in museums or other indoor or outdoor facilities, of principles of science and their development, use, or application in business, industry, or commerce or of the history, heritage, development, presentation, and uses of the arts described in division (A)(1) of this section and of transportation; (3) The preservation, presentation, or making available of features of archaeological, architectural, environmental, or historical interest or significance in a state historical facility or a local historical facility. (B) "Cultural organization" means either of the following: (1) A governmental agency or Ohio nonprofit corporation, including the Ohio history connection, that provides programs or activities in areas directly concerned with culture; (2) A regional arts and cultural district as defined in section 3381.01 of the Revised Code. (C) "Cultural project" means all or any portion of an Ohio cultural facility for which the general assembly has made an appropriation or has specifically authorized the spending of money or the making of rental payments relating to the financing of construction. (D) "Cooperative use agreement" means a contract between the Ohio facilities construction commission and a cultural organization providing the terms and conditions of the cooperative use of an Ohio cultural facility. (E) "Costs of operation" means amounts required to manage an Ohio cultural facility that are incurred following the completion of construction of its cultural project, provided that both of the following apply: (1) Those amounts either: (a) Have been committed to a fund dedicated to that purpose; (b) Equal the principal of any endowment fund, the income from which is dedicated to that purpose. (2) The commission and the cultural organization have executed an agreement with respect to either of those funds. (F) "Governmental agency" means a state agency, a state institution of higher education as defined in section 3345.12 of the Revised Code, a municipal corporation, county, township, or Am. Sub. H. B. No. 96 136th G.A. 214 school district, a port authority created under Chapter 4582. of the Revised Code, any other political subdivision or special district in this state established by or pursuant to law, or any combination of these entities; except where otherwise indicated, the United States or any department, division, or agency of the United States, or any agency, commission, or authority established pursuant to an interstate compact or agreement. (G) "Local contributions" means the value of an asset provided by or on behalf of a cultural organization from sources other than the state, the value and nature of which shall be approved by the Ohio facilities construction commission, in its sole discretion. "Local contributions" may include the value of the site where a cultural project is to be constructed. All "local contributions," except a contribution attributable to such a site, shall be for the costs of construction of a cultural project or the creation or expansion of an endowment for the costs of operation of a cultural facility. (H) "Local historical facility" means a site or facility, other than a state historical facility, of archaeological, architectural, environmental, or historical interest or significance, or a facility, including a storage facility, appurtenant to the operations of such a site or facility, that is owned by a cultural organization and is used for or in connection with cultural activities, including the presentation or making available of culture to the public. (I) "Manage," "operate," or "management" means the provision of, or the exercise of control over the provision of, activities: (1) Relating to culture for an Ohio cultural facility, including as applicable, but not limited to, providing for displays, exhibitions, specimens, and models; booking of artists, performances, or presentations; scheduling; and hiring or contracting for directors, curators, technical and scientific staff, ushers, stage managers, and others directly related to the cultural activities in the facility; but not including general building services; (2) Relating to sports and athletic events for an Ohio sports facility, including as applicable, but not limited to, providing for booking of athletes, teams, and events; scheduling; and hiring or contracting for staff, ushers, managers, and others directly related to the sports and athletic events in the facility; but not including general building services. (J) "Ohio cultural facility" means any of the following: (1) The theaters located in the state office tower at 77 South High street in Columbus; (2) Any cultural facility in this state that is managed directly by, or is subject to a cooperative use or management agreement with, the Ohio facilities construction commission. (3) A state historical facility or a local historical facility. (K) "Construction" includes acquisition, including acquisition by lease-purchase, demolition, reconstruction, alteration, renovation, remodeling, enlargement, improvement, site improvements, and related equipping and furnishing. (L) "State historical facility" means a site or facility that has all of the following characteristics: (1) It is created, supervised, operated, protected, maintained, and promoted by the Ohio Am. Sub. H. B. No. 96 136th G.A. 215 history connection pursuant to the Ohio history connection's performance of public functions under sections 149.30 and 149.302 of the Revised Code. (2) Its title must reside wholly or in part with the state, the Ohio history connection, or both the state and the Ohio history connection. (3) It is managed directly by or is subject to a cooperative use or management agreement with the Ohio facilities construction commission and is used for or in connection with cultural activities, including the presentation or making available of culture to the public. (M) "Ohio sports facility" means all or a portion of a stadium, arena, tennis facility, motorsports complex, or other capital facility in this state. A primary purpose of the facility shall be to provide a site or venue for the presentation to the public of motorsports events, professional tennis tournaments, or events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state. The facility shall be, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, owned by or located on real property owned by the state or a governmental agency, and includes all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real and personal property and interests and rights therein, that may be appropriate for or used for or in connection with the facility or its operation, for capital costs of which state funds are spent pursuant to this section and section 123.281 of the Revised Code. A facility constructed as an Ohio sports facility may be both an Ohio cultural facility and an Ohio sports facility. (N) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface. (O) "Professional sports franchise" means a member of the following professional sports leagues: the national football league, women's national football conference, women's football alliance, women's football league association, national hockey league, professional women's hockey league, major league baseball, women's professional baseball league, major league soccer, national women's soccer league, national basketball association, or the women's national basketball association, or a successor of such an entity. (P) "Major sports facility" means a stadium, arena, complex, or other facility that a governmental agency owns, will own, or has or will have a sufficient ownership interest in, the primary purpose of which is to provide a site or venue for the presentation of home games of a professional sports franchise for a period of at least thirty years after completion of the construction of the stadium, arena, complex, or other facility. (Q) "Transformational major sports facility mixed-use project" means the following, as applicable: (1) A mixed-use project that meets all of the following criteria: (a) Includes the construction of a major sports facility; (b) Integrates some combination of retail, office, hotel, residential, recreation, structured parking, or other similar uses into one or more mixed-use developments; Am. Sub. H. B. No. 96 136th G.A. 216 (c) Is expected to generate incremental state tax revenues pursuant to state taxes levied under Chapters 5739., 5741., 5747., and 5751. of the Revised Code; (d) Has an initial total estimated construction cost, excluding any site acquisition cost, that is greater than one billion dollars. (2) In addition to the criteria under division (Q)(1) of this section, a transformational major sports facility mixed-use project may include any of the following: (a) Other projects supporting or relating to the major sports facility or the professional sports franchise constructing or using the major sports facility; (b) Any mixed-use project adjacent or otherwise relating to practice facilities for the professional sports franchise; (c) Conference centers, concert, or other entertainment venues and facilities; (d) Retail, food, restaurant, and beverage facilities, whether fixed or mobile; (e) Parks and other public open spaces or facilities; (f) Related on-site infrastructure necessary or desirable for all such elements for the transformational major sports facility mixed-use project. (R) "Transformational major sports facility mixed-use project district" means the geographic area encompassing, and including all of the area within the territorial boundaries of, the land upon which the transformational major sports facility mixed-use project is located, as determined by the office of budget and management, in consultation with the department of taxation, the Ohio facilities construction commission, and any applicable county or municipal offices in accordance with division (H)(5)(e) of section 123.281 of the Revised Code. (S) "Base professional sports franchise state tax revenues" means an amount or calculation either established by the general assembly or equal to all state tax revenues generated pursuant to state taxes levied under Chapters 5739., 5741., 5747., and 5751. of the Revised Code that are attributable to the professional sports franchise and its operations at the professional sports franchise's existing facility, and collected by the department of taxation in the calendar year occurring immediately before the calendar year in which the professional sports franchise plays its initial regular season home game in the major sports facility, which shall be increased by three and one-half per cent per year each calendar year for up to sixteen years thereafter. (T) "Total major sports facility mixed-use project district state tax revenues" means the total aggregate state tax revenue generated in the territory of a transformational major sports facility mixed-use project district pursuant to state taxes levied under Chapters 5739., 5741., 5747., and 5751. of the Revised Code beginning in the calendar year in which a performance grant is eligible for disbursement under an appropriation and for sixteen years thereafter. Total major sports facility mixed-use project district state tax revenues also includes the following: (1) State tax revenues attributable to the construction of, and the purchasing of or leasing of materials and items used in the construction of, a transformational major sports facility mixed-use project district beginning in the calendar year in which the performance grant is eligible for Am. Sub. H. B. No. 96 136th G.A. 217 disbursement under an appropriation; (2) The professional sports franchise and its operations at the major sports facility. (U) "Incremental major sports facility mixed-use project district state tax revenues" means the amount of state tax revenues received by the state determined by subtracting base professional sports franchise state tax revenues, as calculated for a given calendar year including any required three and one-half per cent annual increase, from total major sports facility mixed-use project district state tax revenues for such year. (V) "Total incremental major sports facility mixed-use project district state tax revenues" means the aggregate amount of incremental major sports facility mixed-use district state tax revenues beginning in the calendar year in which a performance grant is eligible for disbursement under an appropriation and for sixteen years thereafter. (W) "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or acts in concert with, or is a participant in a joint venture, partnership, consortium, or similar business arrangement with, a professional sports franchise or owner. (X) "Owner" means a person that has a controlling ownership interest in a professional sports franchise. (Y) "Person" means one or more individuals, receivers, assignees, trustees in bankruptcy, estates, firms, limited liability companies, partnerships, associations, joint-stock companies, joint ventures, clubs, societies, corporations, and combinations of individuals in any form. Sec. 123.281. (A) The Ohio facilities construction commission shall provide for the construction of a cultural project in conformity with Chapter 153. of the Revised Code, except for construction services provided on behalf of the state by a governmental agency or a cultural organization in accordance with divisions (B) and (C) of this section. (B) In order for a governmental agency or a cultural organization to provide construction services on behalf of the state for a cultural project, other than a state historical facility, for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the governmental agency or cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that: (1) Specify how the proposed project will support culture; (2) Specify that the governmental agency or cultural organization has local contributions amounting to not less than fifty per cent of the total state funding for the cultural project; (3) Specify that the funds shall be used only for construction; (4) Identify the facility to be constructed, renovated, remodeled, or improved; (5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding appropriated funds; Am. Sub. H. B. No. 96 136th G.A. 218 (6) Specify that the governmental agency or cultural organization shall hold the Ohio facilities construction commission harmless from all liability for the operation and maintenance costs of the facility; (7) Specify that the agreement or any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code; and (8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission. (C) In order for a cultural organization to provide construction services on behalf of the state for a state historical facility for which the general assembly has made an appropriation or specifically authorized the spending of money or the making of rental payments relating to the financing of the construction, the cultural organization shall submit to the Ohio facilities construction commission a cooperative use agreement that includes, but is not limited to, provisions that: (1) Specify how the proposed project will support culture; (2) Specify that the funds shall be used only for construction; (3) Specify that not more than three per cent of the funds may be used by the cultural organization to administer the project; (4) Identify the facility to be constructed, renovated, remodeled, or improved; (5) Specify that the project scope meets the intent and purpose of the project appropriation and that the project can be completed and ready to support culture without exceeding appropriated funds; (6) Specify that the cultural organization shall hold the Ohio facilities construction commission harmless from all liability for the operation and maintenance costs of the facility; (7) Specify that the agreement or any actions taken under it are not subject to Chapter 123., 153., or 4115. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, and 123.281 of the Revised Code; and (8) Provide that amendments to the agreement shall require the approval of the Ohio facilities construction commission. (D) For an Ohio sports facility that is financed in part by obligations issued under Chapter 154. of the Revised Code, construction services shall be provided on behalf of the state by or at the direction of the governmental agency or nonprofit corporation that will own or be responsible for the management of the facility. Any construction services to be provided by a governmental agency or nonprofit corporation shall be specified in a cooperative use agreement between the Ohio facilities construction commission and the governmental agency or nonprofit corporation. The agreement and any actions taken under it are not subject to Chapter 123. or 153. of the Revised Code, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the Revised Code, and are subject to Chapter 4115. of the Revised Code. Am. Sub. H. B. No. 96 136th G.A. 219 (E) State Except as provided in division (H) of this section and section 123.283 of the Revised Code, state funds shall not be used to pay or reimburse more than fifteen per cent of the initial estimated construction cost of an Ohio sports facility, excluding any site acquisition cost, and no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility under this chapter unless, with respect to that facility, all of the following apply: (1) The Ohio facilities construction commission has received a financial and development plan satisfactory to it, and provision has been made, by agreement or otherwise, satisfactory to the commission, for a contribution amounting to not less than eighty-five per cent of the total estimated construction cost of the facility, excluding any site acquisition cost, from sources other than the state. (2) The general assembly has specifically authorized the spending of money on, or made an appropriation for, the construction of the facility, or for rental payments relating to state financing of all or a portion of the costs of constructing the facility. Authorization to spend money, or an appropriation, for planning or determining the feasibility of or need for the facility does not constitute authorization to spend money on, or an appropriation for, costs of constructing the facility. (3) If state bond proceeds are being used for the Ohio sports facility, the state or a governmental agency owns or has sufficient property interests in the facility or in the site of the facility or in the portion or portions of the facility financed from proceeds of state bonds, which may include, but is not limited to, the right to use or to require the use of the facility for the presentation of sport and athletic events to the public at the facility. (F) In addition to the requirements of division (E) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply: (1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the executive director of the Ohio facilities construction commission and to the treasurer of state. (2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility. (G) In addition to the requirements of division (E) of this section, no state bond proceeds shall be spent on any Ohio sports facility that is a tennis facility, unless the owner or manager of the Am. Sub. H. B. No. 96 136th G.A. 220 facility provides contractual commitments from a national or international professional tennis organization in a form acceptable to the Ohio facilities construction commission that assures that one or more sanctioned professional tennis events will be presented at the facility during each year that the bonds remain outstanding. (H) State funds may be used as a performance grant to pay or reimburse up to twenty-five per cent of the initial estimated construction cost for a major sports facility if all of the following criteria are met: (1) The major sports facility upon completion will be a part of a transformational major sports facility mixed-use project. (2) The office of budget and management in consultation with the Ohio facilities construction commission has received a financial and development plan that satisfies the requirements of this section, and includes a contribution amounting to not less than seventy-five per cent of the total initial estimated construction cost of the major sports facility, excluding any site acquisition cost, from sources other than the state's performance grant, including a contribution from the professional sports franchise that plans to use the facility, or the owner or an authorized affiliate, of at least fifty per cent of the total estimated construction cost of the major sports facility. (3) The general assembly has specifically authorized, or made an appropriation for, the performance grant to aid in the construction of the major sports facility, provided that the grant's authorization or appropriation does not include planning or determining the feasibility of or need for the major sports facility as a cost of constructing the major sports facility. The performance grant is not subject to the review or authorization of the controlling board, and upon the office of budget and management's receipt of the escrow amount and of a certification of funds or other requisite proof the supplemental reserve amount has been established in accordance with division (H)(4) of this section, is eligible for disbursement in full or in part, for the payment or reimbursement of construction costs for the major sports facility, without regard to the other sources of contribution for the costs of construction of the major sports facility as described in division (H)(2) of this section and not on a pro rata basis. The state shall not incur debt to fund or assist a major sports facility receiving a performance grant under this section. (4)(a) The professional sports franchise planning to use the facility, or the owner or an authorized affiliate, has executed and filed with the office of budget and management an escrow amount equal to eight and one-third per cent of the total amount of the performance grant appropriated for the project, which shall be deposited in an interest-bearing account maintained within the state treasury, nonrefundable disbursements from which shall be as described in division (H)(5) of this section. Whatever remains of the amount in escrow after the sixteen-year period, including any interest earnings thereon, shall be returned to the professional sports franchise, owner, or affiliate upon certification by the office of budget and management, in consultation with the department of taxation, that the total incremental major sports facility mixed-use project district state tax revenues have achieved all required target amounts as described in division (H)(5) of this Am. Sub. H. B. No. 96 136th G.A. 221 section. (b) The professional sports franchise planning to use the facility, or the owner or an authorized affiliate, shall establish a supplemental reserve, which may take the form of a line of credit or other commercially reasonable type of certifiable and available liquidity, in an amount equal to the initial escrow account deposit required by division (H)(4)(a) of this section. The supplemental reserve shall be available to be drawn upon in accordance with division (H)(5)(c) of this section. The supplemental reserve shall not be required to be replenished if drawn upon in accordance with division (H)(5) of this section. (5) The professional sports franchise planning to use the facility, or the owner or an authorized affiliate, has entered into an agreement with the office of budget and management that complies with this section and specifies all of the following: (a) The incremental major sports facility mixed-use project district state tax revenues meet target amounts, as determined by the office of budget and management, in consultation with the Ohio facilities construction commission and the department of taxation, the total amount of which collected over a sixteen-year period equals or exceeds the amount of the performance grant appropriated to the project. The target amounts shall be as follows: (i) For the first four full calendar years beginning in the year in which the performance grant is eligible for disbursement under an appropriation, ten per cent of the total appropriated amount; (ii) For the second four-year period, twenty-six per cent of the total appropriated amount; (iii) For the third four-year period, thirty-two per cent of the total appropriated amount; (iv) For the fourth four-year period, thirty-two per cent of the total appropriated amount. (b) Incremental major sports facility mixed-use project district state tax revenues in excess of the target amount shall be credited towards target amounts in future periods. (c) If the incremental major sports facility mixed-use project district state tax revenues do not achieve target amounts at the end of each four-year period as determined by the office of budget and management, in consultation with the department of taxation, the deficit shall be offset by any excess tax revenue credit from previous years under division (H)(5)(b) of this section. If a deficit remains, the office of budget and management shall take a nonrefundable amount of money equal to the remaining deficit amount from the escrow account described under division (H)(4) of this section and deposit it into the general revenue fund. If a deficit still remains, the office of budget and management shall take a nonrefundable amount of money equal to the remaining deficit amount for that period from the supplemental reserve established pursuant to division (H)(4)(b) of this section, to the extent available, and deposit the money into the general revenue fund. Beginning in the ninth calendar year after the performance grant is eligible for disbursement, and once annually thereafter until completion of the sixteenth year, the professional sports franchise, or the owner or an authorized affiliate, may request a determination by the office of budget and management, in consultation with the department of taxation, that the total incremental major sports facility mixed- use project district state tax revenues equals or exceeds the amount of the performance grant Am. Sub. H. B. No. 96 136th G.A. 222 appropriated to the project. Once the total incremental major sports facility mixed-use project district state tax revenues equals or exceeds the amount of the performance grant appropriated to the project, whether at the conclusion of a designated four-year period under division (H)(5)(a) of this section or upon an annual request under this division, the professional sports franchise, or the owner or authorized affiliate, shall receive the remainder of the amount in escrow, principal and interest, as provided for under division (H)(4)(a) of this section. (d) If, prior to the expiration of the fourth four-year period described in division (H)(5)(a) of this section, the owner's share of the ownership interest in the professional sports franchise becomes less than a controlling ownership interest, all rights, privileges, responsibilities, and obligations of the owner provided under this section and the agreement with the office of budget and management shall be assigned to, and assumed by, any new owner with a controlling ownership interest. (e) Establishes the metes and bounds of, including all areas within, the proposed transformational major sports facility mixed-use project district, which shall meet all of the following requirements: (i) All territory in the district is contiguous. (ii) The office of budget and management receives a petition, accompanied by a description of the proposed transformational major sports facility mixed-use project district, signed by every record owner of a parcel of real property located in the district and the owner of every business that operates in the district. (iii) A transformational major sports facility mixed-use project will be located on territory of the proposed transformational major sports facility mixed-use project district. (iv) Not more than one major sports facility mixed-use project may be located within a transformational major sports facility mixed-use project district. (v) For purposes of determining total incremental major sports facility mixed-use project district state tax revenues, the district's territorial boundary may not be enlarged after it is established with the office of budget and management, which may consult with the department of taxation, the Ohio facilities construction commission, and any applicable county or municipal offices to ensure each requirement in this division is met. (f) Every record owner of a parcel of real property located in the proposed transformational major sports facility mixed-use project district shall be required to comply with, and will cause every person that enters into a lease, license, use, or operating agreement for all or a portion of the building or facilities located in, a transformational major sports facility mixed-use project district to be subject to, reporting requirements as may be required by the department of taxation, in consultation with the office of budget and management and the Ohio facilities construction commission as described in division (J) of this section. Such requirement may be evidenced by an instrument that has been duly recorded in the land records of the county. (6)(a) The professional sports franchise planning to use the major sports facility shall not cease playing most of its home games at the major sports facility and begin playing most of its home Am. Sub. H. B. No. 96 136th G.A. 223 games at a different facility located anywhere outside of the transformational major sports facility mixed-use project district until the earlier of one of the following dates: (i) The total incremental major sports facility mixed-use project district state tax revenues equals or exceeds the amount of the performance grant appropriated to the transformational major sports facility mixed-use project, inclusive of any amounts drawn from the escrow account or supplemental reserve under division (H)(4) of this section; (ii) Thirty years after the professional sports franchise plays its initial regular season home game at the major sports facility. (b) This division is in addition to, independent of, and operates concurrently with section 9.67 of the Revised Code. (I) Every person who owns real property located in, enters into a lease, license, use, or operating agreement for all or a portion of the building and facilities located in, or purchases or leases materials and items used in construction in the territory of a transformational major sports facility mixed-use project district is subject to reporting requirements as may be required by the department of taxation, in consultation with the office of budget and management and the Ohio facilities construction commission. Compliance with these requirements may be evidenced by an instrument that is duly recorded with the county recorder. (J) Every person doing business in a transformational major sports facility mixed-use project district shall file tax returns and make tax payments pursuant to Chapters 5739., 5741., 5747., and 5751. of the Revised Code using an electronic medium in a format prescribed by the department of taxation. Persons that pay salaries and wages to employees in the territory of a transformational major sports facility mixed-use project district shall register for a separate withholding account and shall remit the wages and salaries withheld from employees for activities performed in the territory of a transformational major sports facility mixed-use project district separately from all income taxes withheld by such employer. In addition, every person doing business in the territory of a transformational major sports facility mixed-use project district shall provide all of the following information to the department of taxation: (1) For persons that collect transformational major sports facility mixed-use project district tax revenues pursuant to Chapter 5739. of the Revised Code, tax collections generated from construction or transactions in the territory of a transformational major sports facility mixed-use project district on the returns filed pursuant to Chapter 5739. of the Revised Code as prescribed by the department of taxation; (2) For persons that generate transformational major sports facility mixed-use project district tax revenues under Chapters 5741., 5747., and 5751. of the Revised Code, estimated payments for corporate income taxes generated from the transformational major sports facility mixed-use project district and information regarding gross revenues generated from activities in the transformational major sports facility mixed-use project district and gross revenues from all activities in this state; (3) For persons that make payments to an independent contractor attributable to construction Am. Sub. H. B. No. 96 136th G.A. 224 or transactions in the territory of a transformational major sports facility mixed-use project district, information regarding such payments by the thirty-first day of January of each year in a format prescribed by the department of taxation. (4) The department of taxation may disclose taxpayer information regarding transactions, real or personal property, income, or business of any person to the governmental agency that owns, or holds a sufficient ownership interest in, a major sports facility as may be necessary for the administration of the provisions authorized by this section. (K) The department of taxation shall develop forms necessary to implement and administer this section. Sec. 123.282. The Ohio cultural and sports facility performance grant fund is created in the state treasury. The fund shall consist of all money remitted by the director of commerce under division (I) of section 169.08 of the Revised Code and amounts appropriated by the general assembly. The money in the fund shall be used as performance grants for Ohio cultural facility, Ohio sports facility, and major sports facility projects in accordance with sections 123.281 and 123.283 of the Revised Code. All investment earnings of the fund shall be credited to the fund. Sec. 123.283. (A) As used in this section: "Ohio sports facility" means all or a portion of a stadium, arena, tennis facility, motorsports complex, or other capital facility in this state. A primary purpose of the facility shall be to provide a site or venue for the presentation to the public of motorsports events, professional tennis tournaments, or events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state. The facility shall be owned by or located on real property owned by the state or a governmental agency, a nonprofit corporation, or a new community authority as defined in section 349.01 of the Revised Code. "Initial estimated construction or renovation cost" means the initial estimated cost to construct a new Ohio sports facility or Ohio cultural facility, or the initial estimated cost to renovate an existing Ohio sports facility or Ohio cultural facility, not including any site acquisition cost, and not including any other state funds awarded to, or to be spent on, the project, other than state funds awarded under this section. (B) Funds from the Ohio cultural and sports facility performance grant fund created in section 123.282 of the Revised Code may be used to pay or reimburse up to fifteen per cent of the initial estimated construction or renovation cost, if the initial estimated construction or renovation cost is less than five hundred million dollars. State funds may be used to pay or reimburse up to twenty-five per cent of the initial estimated construction or renovation cost if the initial estimated construction or renovation cost is five hundred million dollars or greater. No grant may be of an amount greater than two hundred fifty million dollars. No state funds may be awarded under this section until all of the following conditions are met: (1) In the case of an Ohio sports facility, the initial estimated construction or renovation cost is at least fifty million dollars, or in the case of an Ohio cultural facility, five million dollars. Any Am. Sub. H. B. No. 96 136th G.A. 225 performance grants awarded under this section shall only be used for construction or renovation and on such projects that effectuate permanent improvements at the facility. (2) The professional sports franchise, governmental agency, nonprofit corporation, new community authority, or other organization that would operate the facility has applied to the office of budget and management, on a form and in a manner prescribed by the office of budget and management, to receive the funds. The application shall include a financial and development plan, which shall be evaluated by the office of budget and management, in consultation with the Ohio facilities construction commission and the department of taxation, as applicable. The financial and development plan shall identify the facility to be constructed or renovated, and include or demonstrate, with sufficient detail and clarity, all of the following: (a) An executed lease agreement, operating agreement, management agreement, non- relocation agreement, cooperative use agreement, or other similar agreement, or an executed and binding term sheet if no other agreement is available; (b) The length of time remaining on any existing agreement, including any options to extend, or agreed to in any new agreement or binding term sheet, as described in division (B)(2)(a) of this section; (c) Any state tax credit program that has been awarded, applied for, or is anticipated or otherwise expected to be awarded or applied for, and any associated fiscal impact that it will have on the project; (d) Project phases and associated timelines; (e) How the facility will benefit the state, through at least one of the following mechanisms: (i) That the facility will generate increased state tax revenues under Chapters 5739., 5741., 5747., and 5751. of the Revised Code, which over a period of time will equal or exceed the amount of the performance grant; (ii) That the facility will bring a positive economic impact to the state, as demonstrated by an objectively verifiable economic impact study provided by an independent third party; (iii) Any other objectively verifiable metric or measurement established by the office of budget and management, and approved by the controlling board, that demonstrates that the facility will positively impact the local community, region, or state; (iv) In case of a cultural facility, that the facility will benefit the public in a meaningful way and support culture in the state, and that the facility can be completed and ready to support culture without exceeding the grant amount, as determined by the office of budget and management and approved by controlling board. (3) If the office of budget and management, in consultation with the Ohio facilities construction commission and the department of taxation, as applicable, is satisfied that the financial and development plan meets the requirements of divisions (B)(1) and (2) of this section, the office of budget and management may, subject to the availability of appropriated funds and at its discretion, enter into a tentative agreement with the applicant organization, which shall identify the facility to Am. Sub. H. B. No. 96 136th G.A. 226 be constructed or renovated, and specify all of the following: (a) In the case of a facility under division (B)(2)(e)(i) of this section, the target amounts of increased state tax revenues the facility shall generate, and the period over which the facility shall generate the increased state tax revenues, which in no case shall exceed thirty years; (b) In the case of a facility under division (B)(2)(e)(ii) or (B)(2)(e)(iii) of this section, any economic impact targets or indicators, or other objectively verifiable metric or measurement targets or indicators; (c) At the discretion of the office of budget and management, the applicant organization may combine one or more of the target or indicator amounts described under divisions (B)(3)(e)(i) and (B)(3)(e)(ii) of this section to measure the organization's performance under the grant; (d) If the increased state tax revenues, economic activity, or other objectively verifiable metric or measurement do not achieve target amounts or indicators, as determined by the office of budget and management in consultation with the department of taxation, as applicable, the the office of budget and management shall take a nonrefundable amount of money equal to the deficit from the escrow account described under division (B)(4) of this section and deposit it into the general revenue fund; (e) In the case of an Ohio sports facility, if a professional sports franchise intends to use the facility, the professional sports franchise shall not cease playing most of its home games at the Ohio sports facility and begin playing most of its home games at a different facility until the earlier of one of the following dates: (i) The total increased state tax revenues or economic activity have achieved target amounts or indicators, including with funds from the escrow amount under division (B)(4) of this section; (ii) Thirty years after the professional sports franchise plays its initial regular season home game at the newly constructed or renovated Ohio sports facility. Division (B)(3)(e) of this section is in addition to, independent of, and operates concurrently with section 9.67 of the Revised Code. (f) In the case of an Ohio cultural facility, that the project scope meets the intent and purpose of this section, and of the development plan as approved by the office of budget and management and the controlling board; (g) In the case of a motorsports complex, that motorsports events shall be presented at the facility for the period described in the agreement entered into under division (B)(3) of this section, and that any motorsports organization that commits to using the facility for an established period of time shall give the office of budget and management not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period, and that if the motorsports organization does so, the motorsports organization shall be liable to the state for any performance grant funds used on the construction or renovation costs of the facility, which shall include drawing down the remainder of any escrow account established under division (B)(4) of this section; Am. Sub. H. B. No. 96 136th G.A. 227 (h) In the case of a tennis facility, that the owner or manager of the facility shall provide contractual commitments from a national or international professional tennis organization in a form acceptable to the office of budget and management and the controlling board, in consultation with the Ohio facilities construction commission, that assures that one or more sanctioned professional tennis events will be presented at the facility during each year of the period described in the agreement entered into under division (B)(3) of this section. Any national or international professional tennis organization that commits to using the facility for an established period of time shall give the owner or manager of the facility and the office of budget and management not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period, and that if the organization does so, the organization and owner or manager of the facility shall be jointly and severally liable to the state for any performance grant funds used on the construction or renovation costs of the facility, which shall include drawing down the remainder of any escrow account established under division (B)(4) of this section. (i) The applicant organization shall hold the state of Ohio, including the office of budget and management, the Ohio facilities construction commission, the department of taxation, and the controlling board harmless from all liability for the operation and maintenance costs of the facility, and any costs incurred related to the grant application, agreement entered into under division (B)(3) of this section, the escrow deposited under division (B)(4) of this section, or the submission to controlling board for approval. (4) In the case of a facility under division (B)(2)(e)(i), (B)(2)(e)(ii), or (B)(2)(e)(iii) of this section, the professional sports franchise, governmental agency, nonprofit corporation, new community authority, or other organization that would operate the facility, upon reaching the agreement with the office of budget and management under division (B)(3) of this section, has executed and filed with the office of budget and management an escrow amount equal to five per cent of the total amount of the performance grant applied for, which shall be deposited in an interest- bearing account maintained within the state treasury, nonrefundable disbursements from which shall be as described in division (B)(3)(d) of this section. Whatever remains of the amount in escrow after the period described in division (B)(3)(a) of this section, or after a period agreed upon under division (B)(3)(b) or (B)(3)(c) of this section, including any interest earnings thereon, shall be returned to the applicant organization, upon certification by the office of budget and management, in consultation with the department of taxation, as applicable, that all conditions of the agreement are satisfied. The agreement under division (B)(3) of this section may provide for a process and timeline by which the applicant organization may seek a determination that all target amounts and indicators have been achieved or exceeded, then apply for the return of any remaining escrow balance. (5) The agreement under division (B)(3) of this section is submitted to, and approved by, the controlling board. Approval of any such agreement is wholly within the controlling board's discretion, and no such agreement is in any way final or enforceable unless and until the controlling board approves it. As part of its consideration, the controlling board may evaluate all grant Am. Sub. H. B. No. 96 136th G.A. 228 application and agreement requirements and materials, as provided for under this section, as well as any other factor, criteria, data, metric, measurement, or information or documents the controlling board determines necessary. (C) Every person who owns real property located in, enters into a lease, license, use, or operating agreement for all or a portion of the building and facilities located in, or purchases or leases materials and items used in construction or renovation in the facility is subject to reporting requirements as may be required by the department of taxation, in consultation with the office of budget and management and the Ohio facilities construction commission, for the purposes of this section. Compliance with these requirements may be evidenced by an instrument that is duly recorded with the county recorder. (D) The office of budget and management, Ohio facilities construction commission, and department of taxation, as applicable, may develop forms necessary to implement and administer this section. Sec. 123.30.