Bill Text: OH HB120 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To establish the Legislative Budget Committee and the Legislative Budget Office of the Legislative Service Commission.

Spectrum: Partisan Bill (Republican 33-0)

Status: (Introduced - Dead) 2009-04-02 - To State Government [HB120 Detail]

Download: Ohio-2009-HB120-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 120

Representative Batchelder 

Cosponsors: Representatives Adams, J., Amstutz, Bacon, Baker, Balderson, Blair, Bubp, Burke, Combs, Daniels, Derickson, Evans, Gardner, Grossman, Hottinger, Huffman, Jones, Jordan, Lehner, Maag, Martin, McClain, McGregor, Mecklenborg, Morgan, Ruhl, Sears, Snitchler, Stebelton, Uecker, Wachtmann, Zehringer 

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A BILL

To amend sections 102.01, 103.13, 103.132, 103.143,

1

103.16, 103.17, 103.18, 103.20, 103.21, 103.23,

2

124.14, 126.02, 126.21, 3333.04, 3333.12,

3

3333.122, 3333.27, 3769.08, 3769.20, 4743.01, and

4

5120.51 and to enact sections 103.35 and 103.36 of

5

the Revised Code to establish the Legislative

6

Budget Committee and the Legislative Budget Office

7

of the Legislative Service Commission.

8

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

Section 1. That sections 102.01, 103.13, 103.132, 103.143,	9
103.16, 103.17, 103.18, 103.20, 103.21, 103.23, 124.14, 126.02,	10
126.21, 3333.04, 3333.12, 3333.122, 3333.27, 3769.08, 3769.20,	11
4743.01, and 5120.51 be amended and sections 103.35 and 103.36 of	12
the Revised Code be enacted to read as follows:	13

Sec. 102.01.  As used in this chapter:

14

(A) "Compensation" means money, thing of value, or financial	15
benefit. "Compensation" does not include reimbursement for actual	16
and necessary expenses incurred in the performance of official	17
duties.	18

(B) "Public official or employee" means any person who is	19
elected or appointed to an office or is an employee of any public	20
agency. "Public official or employee" does not include a person	21
elected or appointed to the office of precinct, ward, or district	22
committee member under section 3517.03 of the Revised Code, any	23
presidential elector, or any delegate to a national convention.	24
"Public official or employee" does not include a person who is a	25
teacher, instructor, professor, or other kind of educator whose	26
position does not involve the performance of, or authority to	27
perform, administrative or supervisory functions.	28

(C) "Public agency" means the general assembly, all courts,	29
any department, division, institution, board, commission,	30
authority, bureau or other instrumentality of the state, a county,	31
city, village, or township, the five state retirement systems, or	32
any other governmental entity. "Public agency" does not include a	33
department, division, institution, board, commission, authority,	34
or other instrumentality of the state or a county, municipal	35
corporation, township, or other governmental entity that functions	36
exclusively for cultural, educational, historical, humanitarian,	37
advisory, or research purposes; that does not expend more than ten	38
thousand dollars per calendar year, excluding salaries and wages	39
of employees; and whose members are uncompensated.	40

(D) "Immediate family" means a spouse residing in the	41
person's household and any dependent child.	42

(E) "Income" includes gross income as defined and used in the	43
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	44
amended, interest and dividends on obligations or securities of	45
any state or of any political subdivision or authority of any	46
state or political subdivision, and interest or dividends on	47
obligations of any authority, commission, or instrumentality of	48
the United States.	49

(F) Except as otherwise provided in division (A) of section	50
102.08 of the Revised Code, "appropriate ethics commission" means:	51

(1) For matters relating to members of the general assembly,	52
employees of the general assembly, employees of the legislative	53
service commission and legislative budget office of the	54
legislative service commission, and candidates for the office of	55
member of the general assembly, the joint legislative ethics	56
committee;	57

(2) For matters relating to judicial officers and employees,	58
and candidates for judicial office, the board of commissioners on	59
grievances and discipline of the supreme court;	60

(3) For matters relating to all other persons, the Ohio	61
ethics commission.	62

(G) "Anything of value" has the same meaning as provided in	63
section 1.03 of the Revised Code and includes, but is not limited	64
to, a contribution as defined in section 3517.01 of the Revised	65
Code.	66

(H) "Honorarium" means any payment made in consideration for	67
any speech given, article published, or attendance at any public	68
or private conference, convention, meeting, social event, meal, or	69
similar gathering. "Honorarium" does not include ceremonial gifts	70
or awards that have insignificant monetary value; unsolicited	71
gifts of nominal value or trivial items of informational value; or	72
earned income from any person, other than a legislative agent, for	73
personal services that are customarily provided in connection with	74
the practice of a bona fide business, if that business initially	75
began before the public official or employee conducting that	76
business was elected or appointed to the public official's or	77
employee's office or position of employment.	78

(I) "Employer" means any person who, directly or indirectly,	79
engages an executive agency lobbyist or legislative agent.	80

(J) "Executive agency decision," "executive agency lobbyist,"	81
and "executive agency lobbying activity" have the same meanings as	82
in section 121.60 of the Revised Code.	83

(K) "Legislation," "legislative agent," "financial	84
transaction," and "actively advocate" have the same meanings as in	85
section 101.70 of the Revised Code.	86

(L) "Expenditure" has the same meaning as in section 101.70	87
of the Revised Code when used in relation to activities of a	88
legislative agent, and the same meaning as in section 121.60 of	89
the Revised Code when used in relation to activities of an	90
executive agency lobbyist.	91

Sec. 103.13.  The Ohio legislative service commission shall:

92

(A) Conduct research, make investigations, and secure	93
information or data on any subject and make reports thereon to the	94
general assembly;	95

(B) Ascertain facts and make reports concerning the state	96
budget, the revenues and expenditures of the state, and of the	97
organization and functions of the state, its departments,	98
subdivisions, and agencies;	99

(C) Make surveys, investigations, and studies, and compile	100
data, information, and records on any question which may be	101
referred to it by either house of the general assembly or any	102
standing committee of the general assembly;	103

(D)(C) Assist and cooperate with any interim legislative	104
committee or other agency created by the general assembly;	105

(E)(D) Prepare or advise in the preparation of any bill or	106
resolution, when requested by any member of the general assembly;	107

(F)(E) Collect, classify, and index the documents of the	108
state which shall include executive and legislative documents and	109
departmental reports and keep on file all bills, resolutions, and	110
official journals printed by order of either house of the general	111
assembly;	112

(G)(F) Provide members of the general assembly with impartial	113
and accurate information and reports concerning legislative	114
problems in accordance with rules prescribed by the commission;	115

(H) Annually collect the reports required by section 4743.01	116
of the Revised Code and prepare a report evaluating the extent to	117
which state boards and commissions which regulate occupations are	118
financially self-supporting. The report shall be presented to the	119
speaker and the minority leader of the house of representatives,	120
the president and the minority leader of the senate, and the	121
chairperson and ranking minority member of the finance committees	122
of both houses, on or before the thirty-first day of December each	123
year.	124

(I)(G) Codify the rules of administrative agencies of the	125
state in accordance with the provisions of section 103.05 of the	126
Revised Code;	127

(J)(H) Publish the register of Ohio under section 103.051 of	128
the Revised Code;	129

(K)(I) Operate the electronic rule-filing system under	130
section 103.0511 of the Revised Code.	131

Sec. 103.132. The legislative budget office of the	132
legislative service commission, in conjunction with the	133
legislative information systems office, shall establish and	134
maintain an electronic database containing current and historical	135
revenue and expenditure data for each school district in the state	136
that is easy to use and readily accessible through the internet.	137

Sec. 103.143.  In addition to its duties under section 103.14	138
of the Revised Code, the legislative budget office of the	139
legislative service commission shall, in accordance with this	140
section, review all bills assigned to a committee of the general	141
assembly, complete the appropriate local impact statements	142
required by this section, and compile and distribute these	143
statements as required by division (D) of this section.	144

(A) Subject to division (F) of this section, whenever any	145
bill is introduced into either house of the general assembly and	146
receives second consideration pursuant to the rules of that house,	147
the bill shall be reviewed immediately by the legislative budget	148
officer. Upon completing this review, the legislative budget	149
officer shall determine whether the bill could result in a net	150
additional cost to school districts, counties, townships, or	151
municipal corporations from any new or expanded program or service	152
that school districts, counties, townships, or municipal	153
corporations would be required to perform or administer under the	154
bill. If the legislative budget officer determines that it could	155
result in such a cost, the legislative service commissionbudget	156
office shall prepare a local impact statement in the manner	157
specified in this section. Immediately upon determining the	158
potential for a net additional cost, the legislative budget	159
officer shall notify the sponsor of the bill, the chairperson of	160
the committee to which the bill has been assigned, and the	161
presiding officer and minority leader of the house in which the	162
bill originates of the legislative budget officer's determination	163
by signing and dating a statement to be delivered to them.	164

If a local impact statement is required, the legislative	165
service commissionbudget office shall, as soon as possible but no	166
later than thirty days after the date the bill is scheduled for a	167
first hearing in a committee in the house in which the bill was	168
introduced or no later than thirty days after being requested to	169
do so by the chairperson of such a committee, prepare a statement	170
containing the most accurate estimate possible, in dollars, of the	171
net additional costs, if any, that will be required of school	172
districts, counties, townships, or municipal corporations to	173
perform or administer a new or expanded program or service	174
required under the bill. Copies of this statement shall be sent to	175
the governor, the speaker of the house of representatives, the	176
president of the senate, the sponsor of the bill, the minority	177
leader in both houses, and the chairperson of the committee to	178
which the bill has been assigned.	179

No bill for which a local impact statement is required by	180
this section shall be voted out of committee until after the	181
committee members have received and considered the statement or,	182
if the bill was amended in committee, the revised statement,	183
unless the bill is voted out of committee by a two-thirds vote of	184
the membership of the committee.	185

(B) In preparing a local impact statement, the legislative	186
service commissionbudget office may request any department,	187
division, institution, board, commission, authority, bureau, or	188
other instrumentality or officer of the state, a school district,	189
a county, a municipal corporation, or a township to provide any of	190
the following information:	191

(1) An estimate, in dollars, of the amount by which the bill	192
would increase or decrease the revenues received or expenditures	193
made by the instrumentality, officer, or entity;	194

(2) Any other information the legislative service commission	195
budget office considers necessary for it to understand or explain	196
the fiscal effect of the bill.	197

An instrumentality, officer, or entity shall comply with a	198
request as soon as reasonably possible, but not later than fifteen	199
days, after receiving it. The legislative service commission	200
budget office shall specify the manner of compliance in its	201
request, and if necessary may specify a period of time longer than	202
fifteen days for compliance. The legislative service commission	203
budget office may consider any information provided under division	204
(B)(1) or (2) of this section in preparing a local impact	205
statement.	206

(C) Any time a bill is amended, the legislative service	207
commissionbudget office shall, as soon as reasonably possible,	208
revise the local impact statement to reflect changes made by	209
amendment.	210

(D) The legislative service commissionbudget office shall	211
annually compile the final local impact statements completed for	212
all laws passed by both houses of the general assembly in the	213
preceding year. It shall send a copy of this compilation as a	214
draft report to associations or nonprofit organizations formed for	215
the improvement of school districts or municipal, township, or	216
county government or for their elected officials by the last day	217
of July of each year. Upon receiving the draft report, these	218
associations and organizations may comment about the actual fiscal	219
impact of bills passed during the year covered by the report and	220
forward those comments to the legislative service commission	221
budget office by the last day of August. The legislative service	222
commissionbudget office shall then prepare a final report	223
consisting of the compiled local impact statements and all	224
forwarded comments. The final report shall be completed by the	225
last day of September and copies of the report shall be sent to	226
the governor, the speaker of the house of representatives, and the	227
president of the senate.	228

(E) As used in this section, "net additional cost" means any	229
cost incurred or anticipated to be incurred by a school district,	230
county, township, or municipal corporation in performing or	231
administering a new or expanded program or service required by a	232
state law other than any of the following:	233

(1) A cost arising from the exercise of authority granted by	234
a state law rather than from the performance of a duty or	235
obligation imposed by a state law;	236

(2) New duties or obligations that create only a minimal cost	237
for affected school districts, counties, townships, or municipal	238
corporations. The legislative service commissionbudget office	239
shall determine what constitutes such a minimal cost. Before	240
making this determination, the legislative service commission	241
budget office shall notify the state organizations that represent	242
school districts, counties, townships, and municipal corporations	243
regarding the proposed determination and provide a thirty-day	244
period for these organizations and individual school districts,	245
counties, townships, and municipal corporations to comment on it.	246

(3) A cost arising from a law passed as a result of a federal	247
mandate.	248

The amounts described in division (E)(2) of this section	249
include only the amounts remaining after subtracting from such	250
costs any revenues received or receivable by the school district,	251
county, township, or municipal corporation on account of the	252
program or service, including the following:	253

(a) Fees charged to the recipients of the program or service;

254

(b) State or federal aid paid specifically or categorically	255
in connection with the program or service;	256

(c) Any offsetting savings resulting from the diminution or	257
elimination of any other program or service directly attributable	258
to the performance or administration of the required program or	259
service.	260

(F) This section does not apply to any of the following:

261

(1) The main biennial operating appropriations bill;

262

(2) The biennial operating appropriations bill for state	263
agencies supported by motor fuel tax revenue;	264

(3) The biennial operating appropriations bill or bills for	265
the bureau of workers' compensation and the industrial commission;	266

(4) Any other bill that makes the principal biennial	267
operating appropriations for one or more state agencies;	268

(5) The bill that primarily contains corrections and	269
supplemental appropriations to the biennial operating	270
appropriations bills;	271

(6) The main biennial capital appropriations bill;

272

(7) The bill that primarily contains reappropriations from	273
previous capital appropriations bills.	274

Sec. 103.16.  The Ohio legislative service commission or any	275
committee thereofof the commission or under its direction when	276
so authorized by the commission is empowered to hold public	277
hearings, at such times and places within the state as may be	278
determined advisable or necessary to accomplish the purposes and	279
intent of sections 103.11 to 103.22 of the Revised Code.	280

Sec. 103.17.  In the discharge of any duties imposed by law,	281
any member of the Ohio legislative service commission or	282
legislative budget committee shall have the authority throughout	283
the state to administer oaths, issue subpoenas compelling the	284
attendance of witnesses and the production of any papers, books,	285
accounts, and testimony; and to cause the deposition of witnesses	286
either residing in or without the state. In case of disobedience	287
on the part of any person to comply with a subpoena issued on	288
behalf of the commission or committee, or on the refusal of any	289
witness to testify to any matters regarding which he may be	290
lawfully interrogated, it shall be the duty of the county	291
prosecutor in any county, on application of the commission or	292
committee, to bring a proceeding for contempt.	293

Sec. 103.18.  The Ohio legislative service commission or any	294
committee appointed by or under the direction of the commission	295
may call upon any state department, university, agency, or	296
officer, or agency of any political subdivision for such	297
facilities and data as may be available and state departments,	298
universities, agencies and officers, and agencies of political	299
subdivisions shall cooperate with the commission or any committee	300
appointed by or under the direction of the commission to the	301
fullest possible extent.	302

Sec. 103.20.  The Ohio legislative service commission and the	303
legislative budget office of the legislative service commission	304
shall be provided with adequate office space in the state house.	305
The director of the Ohio legislative service commission or	306
legislative budget officer, with the approval of the commission,	307
may obtain office space elsewhere in Columbus if the space in the	308
state house is inadequate.	309

Sec. 103.21.  (A) The compensation of the director,	310
legislative budget officer, and all officers and employees of the	311
Ohio legislative service commission and the legislative budget	312
office of the legislative service commission, the expenses of the	313
commission, and the expenses of the director and the employees of	314
the commission and budget office shall be paid out of	315
appropriations made for that purpose upon vouchers approved by the	316
director, budget officer, and the chairperson of the commission.	317

(B) The director of budget and management, upon the request	318
of the director of the legislative service commission or the	319
legislative budget officer and with the approval of the	320
chairperson and vice-chairperson of the commission, shall make	321
transfers of all or part of an appropriation within the commission	322
or from one fiscal year to another.	323

Sec. 103.23.  The legislative service commission shall serve	324
as a legislative budget and program oversight commission and may	325
delegate to any committee it creates or has authority to direct	326
the responsibility to:	327

(A) Conduct program reviews of state agencies and departments	328
or programs and activities within such agencies and departments,	329
of the state's local assistance programs, and of state laws. As	330
used in this section "program review" means an examination and	331
review of any state agency, department, bureau, commission, or	332
institution, or any activity, program, or law of the state to	333
determine whether or to what extent the intent and goals of the	334
organization, activity, program, or law are being achieved and	335
whether funds appropriated have been efficiently and effectively	336
expended;	337

(B) Continually review and evaluate federal and state	338
government relationships and the fiscal, economic, and social	339
implications thereof;	340

(C) Annually prepare and update long-range fiscal plans for	341
the state;	342

(D) Provide staff to assist the controlling board in	343
performing its duties and exercising its powers.	344

If in a program review the commission cites the failure of a	345
program to meet intended goals, inadequate operating or	346
administrative procedures or controls, fiscal or program reporting	347
inaccuracies, waste, extravagance, unauthorized or unintended	348
activities or programs, or other deficiencies, the head of the	349
state department, agency, bureau, commission, or institution or	350
the official responsible for the program shall respond to the	351
report and inform the commission, at such times and in such manner	352
and form as the commission determines, of any corrective actions	353
that have been taken. The commission shall report the results of	354
all program reviews to the general assembly.	355

No official of a state agency, department, bureau,	356
commission, or institution shall refuse to provide or make	357
available to the legislative service commission any information or	358
records under its control or in its possession when requested to	359
provide such information as part of the exercise of the	360
commission's powers in this section and sectionsections 103.13	361
and 103.36 of the Revised Code unless the law dealing with the	362
information or records specifically states that the commission is	363
not authorized to review such information or records. No member or	364
employee of the commission shall use any confidential information	365
or record for any purpose except those authorized in this section	366
and sectionsections 103.13 and 103.36 of the Revised Code.	367

Sec. 103.35.  (A) There is hereby created the legislative	368
budget committee under the direction of the legislative service	369
commission. The committee shall seek to attain improved state	370
financial and administrative management through the exercise of	371
continuous review and analysis of state revenues, expenditures,	372
and management practices.	373

(B) The committee shall consist of the following members:

374

(1) Four members of the legislative service commission, two	375
from each house of the general assembly and two from each	376
political party, appointed by the members of the commission;	377

(2) The chairperson and one member of the majority political	378
party from the senate committee handling finance and	379
appropriations, appointed by the president pro tempore of the	380
senate;	381

(3) Two members of the minority political party from the	382
senate committee handling finance and appropriations, appointed by	383
the president pro tempore of the senate;	384

(4) The chairperson and one member of the majority political	385
party from the house committee handling finance and	386
appropriations, appointed by the speaker of the house of	387
representatives;	388

(5) Two members of the minority political party from the	389
house committee handling finance and appropriations, appointed by	390
the speaker of the house of representatives.	391

Appointments shall be made not later than the effective date	392
of this section. The members of the committee shall serve during	393
their term as a member of the general assembly and until their	394
successors are appointed and qualified, notwithstanding the	395
adjournment of the general assembly of which they are members or	396
the expiration of their terms as members of such general assembly.	397
A vacancy in the office of any member of the commission shall be	398
filled for the unexpired term in the same manner as the original	399
appointment. Committee members may be reappointed.	400

The legislative budget committee shall select from its	401
members a chairperson and vice-chairperson. The offices of	402
chairperson and vice-chairperson shall alternate each session of	403
the general assembly between the members of the senate and the	404
house of representatives and between political parties.	405

(C) The legislative budget committee shall hold its first	406
meeting not later than thirty days after the effective date of	407
this section and shall meet at least once every sixty days	408
thereafter, or more frequently at the call of the chairperson. A	409
majority of members of the committee constitutes a quorum.	410

(D) The legislative budget committee shall establish	411
priorities respecting the work of the staff of the legislative	412
budget office created in section 103.36 of the Revised Code and	413
shall review the work of the legislative budget officer and staff.	414

(E) The members of the committee shall serve without	415
compensation but shall be reimbursed for their actual and	416
necessary expenses incurred in the performance of their official	417
duties.	418

Sec. 103.36.  (A) There is hereby created the legislative	419
budget office of the legislative service commission under the	420
direction of the legislative budget committee. The legislative	421
budget office shall be administered by the legislative budget	422
officer appointed by the legislative budget committee. The	423
legislative budget officer shall report directly to the	424
legislative budget committee.	425

(B) The office shall employ professional staff and clerical	426
personnel as are necessary for its operations. The legislative	427
budget officer shall be responsible for recruiting, hiring,	428
dismissing, and supervising the staff of the legislative budget	429
office.	430

Professional staff shall be expected to develop specialized	431
knowledge in particular areas of governmental services and shall	432
be called on to provide research and other information in that	433
specialty to any member of the general assembly.	434

(C) The legislative budget office shall provide financial	435
oversight and continuous monitoring of state finances to the	436
general assembly. In addition to any duties specified elsewhere in	437
the Revised Code, the office shall provide the following services	438
to the legislative budget committee:	439

(1) Analyze and make reports to the legislative budget	440
committee concerning the state budget, revenues and expenditures	441
of the state, and organization and functions of the state, its	442
departments, subdivisions, and agencies;	443

(2) Review, as appropriate, compliance by state agencies with	444
legislative intent as established through the appropriation	445
process and inform the committee of deviations from legislative	446
intent;	447

(3) Advise the committee of any potential problems or issues	448
arising with regards to state finance, on the office's own	449
initiative and on request;	450

(4) Raise any questions regarding fiscal actions taken by the	451
governor or a state agency, on the office's own initiative and on	452
request;	453

(5) Annually collect the reports required by section 4743.01	454
of the Revised Code and prepare a report evaluating the extent to	455
which state boards and commissions which regulate occupations are	456
financially self-supporting. The report shall be presented to the	457
speaker and the minority leader of the house of representatives,	458
the president and the minority leader of the senate, and the	459
chairperson and ranking minority member of the finance committees	460
of both houses, on or before the thirty-first day of December each	461
year.	462

(6) Perform any other tasks related to state finance as	463
requested by a member of the legislative budget committee.	464

Sec. 124.14.  (A)(1) The director of administrative services	465
shall establish, and may modify or rescind, by rule, a job	466
classification plan for all positions, offices, and employments	467
the salaries of which are paid in whole or in part by the state.	468
The director shall group jobs within a classification so that the	469
positions are similar enough in duties and responsibilities to be	470
described by the same title, to have the same pay assigned with	471
equity, and to have the same qualifications for selection applied.	472
The director shall, by rule, assign a classification title to each	473
classification within the classification plan. However, the	474
director shall consider in establishing classifications, including	475
classifications with parenthetical titles, and assigning pay	476
ranges such factors as duties performed only on one shift, special	477
skills in short supply in the labor market, recruitment problems,	478
separation rates, comparative salary rates, the amount of training	479
required, and other conditions affecting employment. The director	480
shall describe the duties and responsibilities of the class,	481
establish the qualifications for being employed in each position	482
in the class, and file with the secretary of state a copy of	483
specifications for all of the classifications. The director shall	484
file new, additional, or revised specifications with the secretary	485
of state before they are used.	486

The director shall, by rule, assign each classification,	487
either on a statewide basis or in particular counties or state	488
institutions, to a pay range established under section 124.15 or	489
section 124.152 of the Revised Code. The director may assign a	490
classification to a pay range on a temporary basis for a period of	491
six months. The director may establish, by rule adopted under	492
Chapter 119. of the Revised Code, experimental classification	493
plans for some or all employees paid directly by warrant of the	494
director of budget and management. The rule shall include	495
specifications for each classification within the plan and shall	496
specifically address compensation ranges, and methods for	497
advancing within the ranges, for the classifications, which may be	498
assigned to pay ranges other than the pay ranges established under	499
section 124.15 or 124.152 of the Revised Code.	500

(2) The director of administrative services may reassign to a	501
proper classification those positions that have been assigned to	502
an improper classification. If the compensation of an employee in	503
such a reassigned position exceeds the maximum rate of pay for the	504
employee's new classification, the employee shall be placed in pay	505
step X and shall not receive an increase in compensation until the	506
maximum rate of pay for that classification exceeds the employee's	507
compensation.	508

(3) The director may reassign an exempt employee, as defined	509
in section 124.152 of the Revised Code, to a bargaining unit	510
classification if the director determines that the bargaining unit	511
classification is the proper classification for that employee.	512
Notwithstanding Chapter 4117. of the Revised Code or instruments	513
and contracts negotiated under it, these placements are at the	514
director's discretion.	515

(4) The director shall, by rule, assign related	516
classifications, which form a career progression, to a	517
classification series. The director shall, by rule, assign each	518
classification in the classification plan a five-digit number, the	519
first four digits of which shall denote the classification series	520
to which the classification is assigned. When a career progression	521
encompasses more than ten classifications, the director shall, by	522
rule, identify the additional classifications belonging to a	523
classification series. The additional classifications shall be	524
part of the classification series, notwithstanding the fact that	525
the first four digits of the number assigned to the additional	526
classifications do not correspond to the first four digits of the	527
numbers assigned to other classifications in the classification	528
series.	529

(5) The director, in accordance with rules adopted under	530
Chapter 119. of the Revised Code, shall establish, and may modify	531
or rescind, a classification plan for county agencies that elect	532
not to use the services and facilities of a county personnel	533
department. The rules shall include a methodology for the	534
establishment of titles unique to county agencies, the use of	535
state classification titles and classification specifications for	536
common positions, the criteria for a county to meet in	537
establishing its own classification plan, and the establishment of	538
what constitutes a classification series for county agencies.	539

(B) Division (A) of this section and sections 124.15 and	540
124.152 of the Revised Code do not apply to the following persons,	541
positions, offices, and employments:	542

(1) Elected officials;

543

(2) Legislative employees, employees of the legislative	544
service commission, employees of the legislative budget office of	545
the legislative service commission, employees in the office of the	546
governor, employees who are in the unclassified civil service and	547
exempt from collective bargaining coverage in the office of the	548
secretary of state, auditor of state, treasurer of state, and	549
attorney general, and employees of the supreme court;	550

(3) Employees of a county children services board that	551
establishes compensation rates under section 5153.12 of the	552
Revised Code;	553

(4) Any position for which the authority to determine	554
compensation is given by law to another individual or entity;	555

(5) Employees of the bureau of workers' compensation whose	556
compensation the administrator of workers' compensation	557
establishes under division (B) of section 4121.121 of the Revised	558
Code.	559

(C) The director may employ a consulting agency to aid and	560
assist the director in carrying out this section.	561

(D)(1) When the director proposes to modify a classification	562
or the assignment of classes to appropriate pay ranges, the	563
director shall send written notice of the proposed rule to the	564
appointing authorities of the affected employees thirty days	565
before a hearing on the proposed rule. The appointing authorities	566
shall notify the affected employees regarding the proposed rule.	567
The director also shall send those appointing authorities notice	568
of any final rule that is adopted within ten days after adoption.	569

(2) When the director proposes to reclassify any employee so	570
that the employee is adversely affected, the director shall give	571
to the employee affected and to the employee's appointing	572
authority a written notice setting forth the proposed new	573
classification, pay range, and salary. Upon the request of any	574
classified employee who is not serving in a probationary period,	575
the director shall perform a job audit to review the	576
classification of the employee's position to determine whether the	577
position is properly classified. The director shall give to the	578
employee affected and to the employee's appointing authority a	579
written notice of the director's determination whether or not to	580
reclassify the position or to reassign the employee to another	581
classification. An employee or appointing authority desiring a	582
hearing shall file a written request for the hearing with the	583
state personnel board of review within thirty days after receiving	584
the notice. The board shall set the matter for a hearing and	585
notify the employee and appointing authority of the time and place	586
of the hearing. The employee, the appointing authority, or any	587
authorized representative of the employee who wishes to submit	588
facts for the consideration of the board shall be afforded	589
reasonable opportunity to do so. After the hearing, the board	590
shall consider anew the reclassification and may order the	591
reclassification of the employee and require the director to	592
assign the employee to such appropriate classification as the	593
facts and evidence warrant. As provided in division (A)(1) of	594
section 124.03 of the Revised Code, the board may determine the	595
most appropriate classification for the position of any employee	596
coming before the board, with or without a job audit. The board	597
shall disallow any reclassification or reassignment classification	598
of any employee when it finds that changes have been made in the	599
duties and responsibilities of any particular employee for	600
political, religious, or other unjust reasons.	601

(E)(1) Employees of each county department of job and family	602
services shall be paid a salary or wage established by the board	603
of county commissioners. The provisions of section 124.18 of the	604
Revised Code concerning the standard work week apply to employees	605
of county departments of job and family services. A board of	606
county commissioners may do either of the following:	607

(a) Notwithstanding any other section of the Revised Code,	608
supplement the sick leave, vacation leave, personal leave, and	609
other benefits of any employee of the county department of job and	610
family services of that county, if the employee is eligible for	611
the supplement under a written policy providing for the	612
supplement;	613

(b) Notwithstanding any other section of the Revised Code,	614
establish alternative schedules of sick leave, vacation leave,	615
personal leave, or other benefits for employees not inconsistent	616
with the provisions of a collective bargaining agreement covering	617
the affected employees.	618

(2) Division (E)(1) of this section does not apply to	619
employees for whom the state employment relations board	620
establishes appropriate bargaining units pursuant to section	621
4117.06 of the Revised Code, except in either of the following	622
situations:	623

(a) The employees for whom the state employment relations	624
board establishes appropriate bargaining units elect no	625
representative in a board-conducted representation election.	626

(b) After the state employment relations board establishes	627
appropriate bargaining units for such employees, all employee	628
organizations withdraw from a representation election.	629

(F)(1) Notwithstanding any contrary provision of sections	630
124.01 to 124.64 of the Revised Code, the board of trustees of	631
each state university or college, as defined in section 3345.12 of	632
the Revised Code, shall carry out all matters of governance	633
involving the officers and employees of the university or college,	634
including, but not limited to, the powers, duties, and functions	635
of the department of administrative services and the director of	636
administrative services specified in this chapter. Officers and	637
employees of a state university or college shall have the right of	638
appeal to the state personnel board of review as provided in this	639
chapter.	640

(2) Each board of trustees shall adopt rules under section	641
111.15 of the Revised Code to carry out the matters of governance	642
described in division (F)(1) of this section. Until the board of	643
trustees adopts those rules, a state university or college shall	644
continue to operate pursuant to the applicable rules adopted by	645
the director of administrative services under this chapter.	646

(G)(1) Each board of county commissioners may, by a	647
resolution adopted by a majority of its members, establish a	648
county personnel department to exercise the powers, duties, and	649
functions specified in division (G) of this section. As used in	650
division (G) of this section, "county personnel department" means	651
a county personnel department established by a board of county	652
commissioners under division (G)(1) of this section.	653

(2)(a) Each board of county commissioners, by a resolution	654
adopted by a majority of its members, may designate the county	655
personnel department of the county to exercise the powers, duties,	656
and functions of the department of administrative services and the	657
director of administrative services specified in sections 124.01	658
to 124.64 and Chapter 325. of the Revised Code, except for the	659
powers and duties of the state personnel board of review, which	660
powers and duties shall not be construed as having been modified	661
or diminished in any manner by division (G)(2) of this section,	662
with respect to the employees for whom the board of county	663
commissioners is the appointing authority or co-appointing	664
authority. The board of county commissioners shall deliver a	665
certified copy of the resolution to the director of administrative	666
services not later than ten working days after the resolution is	667
adopted, and the director shall inform the board in a writing sent	668
by certified mail of the date of receipt of the copy of the	669
resolution.	670

(b) Upon the director's receipt of the copy of the	671
resolution, the powers, duties, and functions referred to in	672
division (G)(2)(a) of this section that may be exercised shall be	673
vested in and assigned to the county personnel department with	674
respect to the employees for whom the board of county	675
commissioners is the appointing authority or co-appointing	676
authority.	677

(c) Nothing in division (G)(2) of this section shall be	678
construed to limit the right of any employee who possesses the	679
right of appeal to the state personnel board of review to continue	680
to possess that right of appeal.	681

(d) Any board of county commissioners that has established a	682
county personnel department may contract with the department of	683
administrative services, another political subdivision, or an	684
appropriate public or private entity to provide competitive	685
testing services or other appropriate services.	686

(3) After the county personnel department of a county has	687
assumed the powers, duties, and functions of the department of	688
administrative services and the director of administrative	689
services as described in division (G)(2) of this section, any	690
elected official, board, agency, or other appointing authority of	691
that county, upon written notification to the director, may elect	692
to use the services and facilities of the county personnel	693
department. Upon the acceptance by the director of that written	694
notification, the county personnel department shall exercise the	695
powers, duties, and functions of the department of administrative	696
services and the director as described in division (G)(2) of this	697
section with respect to the employees of that elected official,	698
board, agency, or other appointing authority. The director shall	699
inform the elected official, board, agency, or other appointing	700
authority in a writing sent by certified mail of the date of	701
acceptance of that written notification. Except for those	702
employees under the jurisdiction of the county personnel	703
department, the director shall continue to exercise these powers,	704
duties, and functions with respect to employees of the county.	705

(4) When at least two years have passed since the creation of	706
a county personnel department, a board of county commissioners, by	707
a resolution adopted by a majority of its members, may disband the	708
county personnel department and return to the department of	709
administrative services for the administration of sections 124.01	710
to 124.64 and Chapter 325. of the Revised Code. The board shall	711
deliver a certified copy of the resolution to the director of	712
administrative services not later than ten working days after the	713
resolution is adopted, and the director shall inform the board in	714
a writing sent by certified mail of the date of receipt of the	715
copy of the resolution. Upon the director's receipt of the copy of	716
the resolution, all powers, duties, and functions previously	717
vested in and assigned to the county personnel department shall	718
return to the director.	719

(5) When at least two years have passed since electing to use	720
the services and facilities of a county personnel department, an	721
elected official, board, agency, or appointing authority of a	722
county may return to the department of administrative services for	723
the administration of sections 124.01 to 124.64 and Chapter 325.	724
of the Revised Code. The elected official, board, agency, or	725
appointing authority shall send the director of administrative	726
services a certified copy of the resolution that states its	727
decision to return to the department of administrative services'	728
jurisdiction, and the director shall inform the elected official,	729
board, agency, or appointing authority in a writing sent by	730
certified mail of the date of receipt of the copy of the	731
resolution. Upon the director's receipt of the copy of the	732
resolution, all powers, duties, and functions previously vested in	733
and assigned to the county personnel department with respect to	734
the employees of that elected official, board, agency, or	735
appointing authority shall return to the director.	736

(6) The director of administrative services, by rule adopted	737
in accordance with Chapter 119. of the Revised Code, shall	738
prescribe criteria and procedures for granting to each county	739
personnel department the powers, duties, and functions of the	740
department of administrative services and the director as	741
described in division (G)(2) of this section with respect to the	742
employees of an elected official, board, agency, or other	743
appointing authority or co-appointing authority. The rules shall	744
cover the following criteria and procedures:	745

(a) The notification to the department of administrative	746
services that an elected official, board, agency, or other	747
appointing authority of a county has elected to use the services	748
and facilities of the county personnel department;	749

(b) A requirement that each county personnel department, in	750
carrying out its duties, adhere to merit system principles with	751
regard to employees of county departments of job and family	752
services, child support enforcement agencies, and public child	753
welfare agencies so that there is no threatened loss of federal	754
funding for these agencies, and a requirement that the county be	755
financially liable to the state for any loss of federal funds due	756
to the action or inaction of the county personnel department. The	757
costs associated with audits conducted to monitor compliance with	758
division (G)(6)(b) of this section shall be borne equally by the	759
department of administrative services and the county.	760

(c) The termination of services and facilities rendered by	761
the department of administrative services, to include rate	762
adjustments, time periods for termination, and other related	763
matters;	764

(d) Authorization for the director of administrative services	765
to conduct periodic audits and reviews of county personnel	766
departments to guarantee the uniform application of this granting	767
of the director's powers, duties, and functions. The costs of the	768
audits and reviews shall be borne equally by the department of	769
administrative services and the county for which the services are	770
performed.	771

(e) The dissemination of audit findings under division	772
(G)(6)(d) of this section, any appeals process relating to adverse	773
findings by the department, and the methods whereby the county	774
personnel program will revert to the authority of the director of	775
administrative services due to misuse or nonuniform application of	776
the authority granted to the county under division (G)(2) or (3)	777
of this section.	778

(H) The director of administrative services shall establish	779
the rate and method of compensation for all employees who are paid	780
directly by warrant of the director of budget and management and	781
who are serving in positions that the director of administrative	782
services has determined impracticable to include in the state job	783
classification plan. This division does not apply to elected	784
officials, legislative employees, employees of the legislative	785
service commission, employees who are in the unclassified civil	786
service and exempt from collective bargaining coverage in the	787
office of the secretary of state, auditor of state, treasurer of	788
state, and attorney general, employees of the courts, employees of	789
the bureau of workers' compensation whose compensation the	790
administrator of workers' compensation establishes under division	791
(B) of section 4121.121 of the Revised Code, or employees of an	792
appointing authority authorized by law to fix the compensation of	793
those employees.	794

(I) The director shall set the rate of compensation for all	795
intermittent, seasonal, temporary, emergency, and casual employees	796
in the service of the state who are not considered public	797
employees under section 4117.01 of the Revised Code. Those	798
employees are not entitled to receive employee benefits. This rate	799
of compensation shall be equitable in terms of the rate of	800
employees serving in the same or similar classifications. This	801
division does not apply to elected officials, legislative	802
employees, employees of the legislative service commission,	803
employees of the legislative budget office of the legislative	804
service commission, employees who are in the unclassified civil	805
service and exempt from collective bargaining coverage in the	806
office of the secretary of state, auditor of state, treasurer of	807
state, and attorney general, employees of the courts, employees of	808
the bureau of workers' compensation whose compensation the	809
administrator establishes under division (B) of section 4121.121	810
of the Revised Code, or employees of an appointing authority	811
authorized by law to fix the compensation of those employees.	812

Sec. 126.02.  The director of budget and management shall	813
prepare and submit to the governor, biennially, not later than the	814
first day of January preceding the convening of the general	815
assembly, state budget estimates of revenues and expenditures for	816
each state fund and budget estimates for each state agency, except	817
such estimates as are required under section 126.022 of the	818
Revised Code. The budget estimates for each state agency for which	819
direct appropriations are proposed shall include the following	820
details:	821

(A) Estimates of the operating budget;

822

(B) Estimates of the subsidy appropriations necessary,	823
delineated by a distinct subsidy program;	824

(C) Estimates for special purposes, delineated by a distinct	825
special purpose program;	826

(D) Estimates of appropriations necessary from each fund in	827
reasonable detail to allow for adequate planning and oversight of	828
programs and activities.	829

In the preparation of state revenue and expenditure	830
estimates, the director of budget and management shall, not later	831
than the fifteenth day of September in the year preceding the	832
first regular session of the general assembly, distribute to all	833
affected state agencies the forms necessary for the preparation of	834
budget requests, which shall be in the form prescribed by the	835
director in consultation with legislative budget office of the	836
legislative service commission to procure information concerning	837
the revenues and expenditures for the preceding and current	838
bienniums, an estimate of the revenues and expenditures of the	839
current fiscal year, and an estimate of the revenues and proposed	840
expenditures for the respective agencies for the two succeeding	841
fiscal years for which appropriations have to be made. Each such	842
agency shall, not later than the first day of November, file with	843
the director its estimate of revenues and proposed expenditures	844
for the succeeding biennium.	845

Each such agency shall, not later than the first day of	846
December, file with the chairperson of the finance committees of	847
the senate and house of representatives and the legislative	848
service commissionbudget office a duplicate copy of such budget	849
request.	850

The budget request shall be accompanied by a statement in	851
writing giving facts and explanation of reasons for the items	852
requested. The director and the legislative service commission	853
budget office may make further inquiry and investigation as to any	854
item desired. The director may approve, disapprove, or alter the	855
requests, excepting those for the legislative and judicial	856
branches of the state. The requests as revised by the director	857
constitute the state budget estimates of revenues and expenditures	858
which the director is required to submit to the governor.	859

The director shall determine a method to incorporate the	860
principles of zero-based budgeting into the forms prescribed in	861
this section.	862

Sec. 126.21.  (A) The director of budget and management shall	863
do all of the following:	864

(1) Keep all necessary accounting records;

865

(2) Prescribe and maintain the accounting system of the state	866
and establish appropriate accounting procedures and charts of	867
accounts;	868

(3) Establish procedures for the use of written, electronic,	869
optical, or other communications media for approving and reviewing	870
payment vouchers;	871

(4) Reconcile, in the case of any variation between the	872
amount of any appropriation and the aggregate amount of items of	873
the appropriation, with the advice and assistance of the state	874
agency affected by it and the legislative budget office of the	875
legislative service commission, totals so as to correspond in the	876
aggregate with the total appropriation. In the case of a conflict	877
between the item and the total of which it is a part, the item	878
shall be considered the intended appropriation.	879

(5) Evaluate on an ongoing basis and, if necessary, recommend	880
improvements to the internal controls used in state agencies;	881

(6) Authorize the establishment of petty cash accounts. The	882
director may withdraw approval for any petty cash account and	883
require the officer in charge to return to the state treasury any	884
unexpended balance shown by the officer's accounts to be on hand.	885
Any officer who is issued a warrant for petty cash shall render a	886
detailed account of the expenditures of the petty cash and shall	887
report when requested the balance of petty cash on hand at any	888
time.	889

(7) Process orders, invoices, vouchers, claims, and payrolls	890
and prepare financial reports and statements;	891

(8) Perform extensions, reviews, and compliance checks prior	892
to or after approving a payment as the director considers	893
necessary;	894

(9) Issue the official comprehensive annual financial report	895
of the state. The report shall cover all funds of the state	896
reporting entity and shall include basic financial statements and	897
required supplementary information prepared in accordance with	898
generally accepted accounting principles and other information as	899
the director provides. All state agencies, authorities,	900
institutions, offices, retirement systems, and other component	901
units of the state reporting entity as determined by the director	902
shall furnish the director whatever financial statements and other	903
information the director requests for the report, in the form, at	904
the times, covering the periods, and with the attestation the	905
director prescribes. The information for state institutions of	906
higher education, as defined in section 3345.011 of the Revised	907
Code, shall be submitted to the chancellor by the Ohio board of	908
regents. The board shall establish a due date by which each such	909
institution shall submit the information to the board, but no	910
such date shall be later than one hundred twenty days after the	911
end of the state fiscal year unless a later date is approved by	912
the director.	913

(B) In addition to the director's duties under division (A)	914
of this section, the director may establish and administer one or	915
more state payment card programs that permit or require state	916
agencies to use a payment card to purchase equipment, materials,	917
supplies, or services in accordance with guidelines issued by the	918
director. The chief administrative officer of a state agency that	919
uses a payment card for such purposes shall ensure that purchases	920
made with the card are made in accordance with the guidelines	921
issued by the director and do not exceed the unexpended,	922
unencumbered, unobligated balance in the appropriation to be	923
charged for the purchase. State agencies may participate in only	924
those state payment card programs that the director establishes	925
pursuant to this section.	926

(C) In addition to the director's duties under divisions (A)	927
and (B) of this section, the director may enter into any contract	928
or agreement necessary for and incidental to the performance of	929
the director's duties or the duties of the office of budget and	930
management.	931

Sec. 3333.04.  The chancellor of the Ohio board of regents	932
shall:	933

(A) Make studies of state policy in the field of higher	934
education and formulate a master plan for higher education for the	935
state, considering the needs of the people, the needs of the	936
state, and the role of individual public and private institutions	937
within the state in fulfilling these needs;	938

(B)(1) Report annually to the governor and the general	939
assembly on the findings from the chancellor's studies and the	940
master plan for higher education for the state;	941

(2) Report at least semiannually to the general assembly and	942
the governor the enrollment numbers at each state-assisted	943
institution of higher education.	944

(C) Approve or disapprove the establishment of new branches	945
or academic centers of state colleges and universities;	946

(D) Approve or disapprove the establishment of state	947
technical colleges or any other state institution of higher	948
education;	949

(E) Recommend the nature of the programs, undergraduate,	950
graduate, professional, state-financed research, and public	951
services which should be offered by the state colleges,	952
universities, and other state-assisted institutions of higher	953
education in order to utilize to the best advantage their	954
facilities and personnel;	955

(F) Recommend to the state colleges, universities, and other	956
state-assisted institutions of higher education graduate or	957
professional programs, including, but not limited to, doctor of	958
philosophy, doctor of education, and juris doctor programs, that	959
could be eliminated because they constitute unnecessary	960
duplication, as shall be determined using the process developed	961
pursuant to this division, or for other good and sufficient cause.	962
Prior to recommending a program for elimination, the chancellor	963
shall request the board of regents to hold at least one public	964
hearing on the matter and advise the chancellor on whether the	965
program should be recommended for elimination. The board shall	966
provide notice of each hearing within a reasonable amount of time	967
prior to its scheduled date. Following the hearing, the board	968
shall issue a recommendation to the chancellor. The chancellor	969
shall consider the board's recommendation but shall not be	970
required to accept it.	971

For purposes of determining the amounts of any state	972
instructional subsidies paid to state colleges, universities, and	973
other state-assisted institutions of higher education, the	974
chancellor may exclude students enrolled in any program that the	975
chancellor has recommended for elimination pursuant to this	976
division except that the chancellor shall not exclude any such	977
student who enrolled in the program prior to the date on which the	978
chancellor initially commences to exclude students under this	979
division.	980

The chancellor and state colleges, universities, and other	981
state-assisted institutions of higher education shall jointly	982
develop a process for determining which existing graduate or	983
professional programs constitute unnecessary duplication.	984

(G) Recommend to the state colleges, universities, and other	985
state-assisted institutions of higher education programs which	986
should be added to their present programs;	987

(H) Conduct studies for the state colleges, universities, and	988
other state-assisted institutions of higher education to assist	989
them in making the best and most efficient use of their existing	990
facilities and personnel;	991

(I) Make recommendations to the governor and general assembly	992
concerning the development of state-financed capital plans for	993
higher education; the establishment of new state colleges,	994
universities, and other state-assisted institutions of higher	995
education; and the establishment of new programs at the existing	996
state colleges, universities, and other institutions of higher	997
education;	998

(J) Review the appropriation requests of the public community	999
colleges and the state colleges and universities and submit to the	1000
office of budget and management and to the chairpersons of the	1001
finance committees of the house of representatives and of the	1002
senate the chancellor's recommendations in regard to the biennial	1003
higher education appropriation for the state, including	1004
appropriations for the individual state colleges and universities	1005
and public community colleges. For the purpose of determining the	1006
amounts of instructional subsidies to be paid to state-assisted	1007
colleges and universities, the chancellor shall define "full-time	1008
equivalent student" by program per academic year. The definition	1009
may take into account the establishment of minimum enrollment	1010
levels in technical education programs below which support	1011
allowances will not be paid. Except as otherwise provided in this	1012
section, the chancellor shall make no change in the definition of	1013
"full-time equivalent student" in effect on November 15, 1981,	1014
which would increase or decrease the number of subsidy-eligible	1015
full-time equivalent students, without first submitting a fiscal	1016
impact statement to the president of the senate, the speaker of	1017
the house of representatives, legislative budget office of the	1018
legislative service commission, and the director of budget and	1019
management. The chancellor shall work in close cooperation with	1020
the director of budget and management in this respect and in all	1021
other matters concerning the expenditures of appropriated funds	1022
by state colleges, universities, and other institutions of higher	1023
education.	1024

(K) Seek the cooperation and advice of the officers and	1025
trustees of both public and private colleges, universities, and	1026
other institutions of higher education in the state in performing	1027
the chancellor's duties and making the chancellor's plans,	1028
studies, and recommendations;	1029

(L) Appoint advisory committees consisting of persons	1030
associated with public or private secondary schools, members of	1031
the state board of education, or personnel of the state department	1032
of education;	1033

(M) Appoint advisory committees consisting of college and	1034
university personnel, or other persons knowledgeable in the field	1035
of higher education, or both, in order to obtain their advice and	1036
assistance in defining and suggesting solutions for the problems	1037
and needs of higher education in this state;	1038

(N) Approve or disapprove all new degrees and new degree	1039
programs at all state colleges, universities, and other	1040
state-assisted institutions of higher education;	1041

(O) Adopt such rules as are necessary to carry out the	1042
chancellor's duties and responsibilities. The rules shall	1043
prescribe procedures for the chancellor to follow when taking	1044
actions associated with the chancellor's duties and	1045
responsibilities and shall indicate which types of actions are	1046
subject to those procedures. The procedures adopted under this	1047
division shall be in addition to any other procedures prescribed	1048
by law for such actions. However, if any other provision of the	1049
Revised Code or rule adopted by the chancellor prescribes	1050
different procedures for such an action, the procedures adopted	1051
under this division shall not apply to that action to the extent	1052
they conflict with the procedures otherwise prescribed by law. The	1053
procedures adopted under this division shall include at least the	1054
following:	1055

(1) Provision for public notice of the proposed action;

1056

(2) An opportunity for public comment on the proposed action,	1057
which may include a public hearing on the action by the board of	1058
regents;	1059

(3) Methods for parties that may be affected by the proposed	1060
action to submit comments during the public comment period;	1061

(4) Submission of recommendations from the board of regents	1062
regarding the proposed action, at the request of the chancellor;	1063

(5) Written publication of the final action taken by the	1064
chancellor and the chancellor's rationale for the action;	1065

(6) A timeline for the process described in divisions (O)(1)	1066
to (5) of this section.	1067

(P) Establish and submit to the governor and the general	1068
assembly a clear and measurable set of goals and timetables for	1069
their achievement for each program under the chancellor's	1070
supervision that is designed to accomplish any of the following:	1071

(1) Increased access to higher education;

1072

(2) Job training;

1073

(3) Adult literacy;

1074

(4) Research;

1075

(5) Excellence in higher education;

1076

(6) Reduction in the number of graduate programs within the	1077
same subject area.	1078

In July of each odd-numbered year, the chancellor shall	1079
submit to the governor and the general assembly a report on	1080
progress made toward these goals.	1081

(Q) Make recommendations to the governor and the general	1082
assembly regarding the design and funding of the student financial	1083
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	1084
3333.27, and 5910.02 of the Revised Code;	1085

(R) Participate in education-related state or federal	1086
programs on behalf of the state and assume responsibility for the	1087
administration of such programs in accordance with applicable	1088
state or federal law;	1089

(S) Adopt rules for student financial aid programs as	1090
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	1091
3333.28, and 5910.02 of the Revised Code, and perform any other	1092
administrative functions assigned to the chancellor by those	1093
sections;	1094

(T) Conduct enrollment audits of state-supported	1095
institutions of higher education;	1096

(U) Appoint consortia of college and university personnel	1097
to advise or participate in the development and operation of	1098
statewide collaborative efforts, including the Ohio supercomputer	1099
center, the Ohio academic resources network, OhioLink, and the	1100
Ohio learning network. For each consortium, the chancellor shall	1101
designate a college or university to serve as that consortium's	1102
fiscal agent, financial officer, and employer. Any funds	1103
appropriated for the consortia shall be distributed to the	1104
fiscal agents for the operation of the consortia. A consortium	1105
shall follow the rules of the college or university that serves	1106
as its fiscal agent. The chancellor may restructure existing	1107
consortia, appointed under this division, in accordance with	1108
procedures adopted under divisions (D)(1) to (6) of this section.	1109

(V) Adopt rules establishing advisory duties and	1110
responsibilities of the board of regents not otherwise prescribed	1111
by law;	1112

(W) Respond to requests for information about higher	1113
education from members of the general assembly and direct staff to	1114
conduct research or analysis as needed for this purpose.	1115

Sec. 3333.12.  (A) As used in this section:

1116

(1) "Eligible student" means an undergraduate student who is:

1117

(a) An Ohio resident enrolled in an undergraduate program	1118
before the 2006-2007 academic year;	1119

(b) Enrolled in either of the following:

1120

(i) An accredited institution of higher education in this	1121
state that meets the requirements of Title VI of the Civil Rights	1122
Act of 1964 and is state-assisted, is nonprofit and has a	1123
certificate of authorization pursuant to Chapter 1713. of the	1124
Revised Code, has a certificate of registration from the state	1125
board of career colleges and schools and program authorization to	1126
award an associate or bachelor's degree, or is a private	1127
institution exempt from regulation under Chapter 3332. of the	1128
Revised Code as prescribed in section 3333.046 of the Revised	1129
Code. Students who attend an institution that holds a certificate	1130
of registration shall be enrolled in a program leading to an	1131
associate or bachelor's degree for which associate or bachelor's	1132
degree program the institution has program authorization issued	1133
under section 3332.05 of the Revised Code.	1134

(ii) A technical education program of at least two years	1135
duration sponsored by a private institution of higher education in	1136
this state that meets the requirements of Title VI of the Civil	1137
Rights Act of 1964.	1138

(c) Enrolled as a full-time student or enrolled as a less	1139
than full-time student for the term expected to be the student's	1140
final term of enrollment and is enrolled for the number of credit	1141
hours necessary to complete the requirements of the program in	1142
which the student is enrolled.	1143

(2) "Gross income" includes all taxable and nontaxable income	1144
of the parents, the student, and the student's spouse, except	1145
income derived from an Ohio academic scholarship, income earned by	1146
the student between the last day of the spring term and the first	1147
day of the fall term, and other income exclusions designated by	1148
the chancellor of the Ohio board of regents. Gross income may be	1149
verified to the chancellor by the institution in which the student	1150
is enrolled using the federal financial aid eligibility	1151
verification process or by other means satisfactory to the	1152
chancellor.	1153

(3) "Resident," "full-time student," "dependent,"	1154
"financially independent," and "accredited" shall be defined by	1155
rules adopted by the chancellor.	1156

(B) The chancellor shall establish and administer an	1157
instructional grant program and may adopt rules to carry out this	1158
section. The general assembly shall support the instructional	1159
grant program by such sums and in such manner as it may provide,	1160
but the chancellor may also receive funds from other sources to	1161
support the program. If the amounts available for support of the	1162
program are inadequate to provide grants to all eligible students,	1163
preference in the payment of grants shall be given in terms of	1164
income, beginning with the lowest income category of gross income	1165
and proceeding upward by category to the highest gross income	1166
category.	1167

An instructional grant shall be paid to an eligible student	1168
through the institution in which the student is enrolled, except	1169
that no instructional grant shall be paid to any person serving a	1170
term of imprisonment. Applications for such grants shall be made	1171
as prescribed by the chancellor, and such applications may be made	1172
in conjunction with and upon the basis of information provided in	1173
conjunction with student assistance programs funded by agencies of	1174
the United States government or from financial resources of the	1175
institution of higher education. The institution shall certify	1176
that the student applicant meets the requirements set forth in	1177
divisions (A)(1)(b) and (c) of this section. Instructional grants	1178
shall be provided to an eligible student only as long as the	1179
student is making appropriate progress toward a nursing diploma or	1180
an associate or bachelor's degree. No student shall be eligible to	1181
receive a grant for more than ten semesters, fifteen quarters, or	1182
the equivalent of five academic years. A grant made to an eligible	1183
student on the basis of less than full-time enrollment shall be	1184
based on the number of credit hours for which the student is	1185
enrolled and shall be computed in accordance with a formula	1186
adopted by the chancellor. No student shall receive more than one	1187
grant on the basis of less than full-time enrollment.	1188

An instructional grant shall not exceed the total	1189
instructional and general charges of the institution.	1190

(C) The tables in this division prescribe the maximum grant	1191
amounts covering two semesters, three quarters, or a comparable	1192
portion of one academic year. Grant amounts for additional terms	1193
in the same academic year shall be determined under division (D)	1194
of this section.	1195

For a full-time student who is a dependent and enrolled in a	1196
nonprofit educational institution that is not a state-assisted	1197
institution and that has a certificate of authorization issued	1198
pursuant to Chapter 1713. of the Revised Code, the amount of the	1199
instructional grant for two semesters, three quarters, or a	1200
comparable portion of the academic year shall be determined in	1201
accordance with the following table:	1202

Private Institution	1203

Table of Grants	1204

	Maximum Grant $5,466		1205
Gross Income	Number of Dependents		1206

1

2

3

4

5 or more

1207

$0 - $15,000		$5,466		$5,466		$5,466		$5,466		$5,466		1208
$15,001 - $16,000		4,920		5,466		5,466		5,466		5,466		1209
$16,001 - $17,000		4,362		4,920		5,466		5,466		5,466		1210
$17,001 - $18,000		3,828		4,362		4,920		5,466		5,466		1211
$18,001 - $19,000		3,288		3,828		4,362		4,920		5,466		1212
$19,001 - $22,000		2,736		3,288		3,828		4,362		4,920		1213
$22,001 - $25,000		2,178		2,736		3,288		3,828		4,362		1214
$25,001 - $28,000		1,626		2,178		2,736		3,288		3,828		1215
$28,001 - $31,000		1,344		1,626		2,178		2,736		3,288		1216
$31,001 - $32,000		1,080		1,344		1,626		2,178		2,736		1217
$32,001 - $33,000		984		1,080		1,344		1,626		2,178		1218
$33,001 - $34,000		888		984		1,080		1,344		1,626		1219
$34,001 - $35,000		444		888		984		1,080		1,344		1220
$35,001 - $36,000		--		444		888		984		1,080		1221
$36,001 - $37,000		--		--		444		888		984		1222
$37,001 - $38,000		--		--		--		444		888		1223
$38,001 - $39,000		--		--		--		--		444		1224

For a full-time student who is financially independent and	1225
enrolled in a nonprofit educational institution that is not a	1226
state-assisted institution and that has a certificate of	1227
authorization issued pursuant to Chapter 1713. of the Revised	1228
Code, the amount of the instructional grant for two semesters,	1229
three quarters, or a comparable portion of the academic year shall	1230
be determined in accordance with the following table:	1231

Private Institution	1232

Table of Grants	1233

	Maximum Grant $5,466		1234
Gross Income	Number of Dependents		1235

0

1

2

3

4

5 or more

1236

$0 - $4,800	$5,466		$5,466		$5,466	$5,466	$5,466		$5,466		1237
$4,801 - $5,300	4,920		5,466		5,466	5,466	5,466		5,466		1238
$5,301 - $5,800	4,362		5,196		5,466	5,466	5,466		5,466		1239
$5,801 - $6,300	3,828		4,914		5,196	5,466	5,466		5,466		1240
$6,301 - $6,800	3,288		4,650		4,914	5,196	5,466		5,466		1241
$6,801 - $7,300	2,736		4,380		4,650	4,914	5,196		5,466		1242
$7,301 - $8,300	2,178		4,104		4,380	4,650	4,914		5,196		1243
$8,301 - $9,300	1,626		3,822		4,104	4,380	4,650		4,914		1244
$9,301 - $10,300	1,344		3,546		3,822	4,104	4,380		4,650		1245
$10,301 - $11,800	1,080		3,408		3,546	3,822	4,104		4,380		1246
$11,801 - $13,300	984		3,276		3,408	3,546	3,822		4,104		1247
$13,301 - $14,800	888		3,228		3,276	3,408	3,546		3,822		1248
$14,801 - $16,300	444		2,904		3,228	3,276	3,408		3,546		1249
$16,301 - $19,300	--		2,136		2,628	2,952	3,276		3,408		1250
$19,301 - $22,300	--		1,368		1,866	2,358	2,676		3,000		1251
$22,301 - $25,300	--		1,092		1,368	1,866	2,358		2,676		1252
$25,301 - $30,300	--		816		1,092	1,368	1,866		2,358		1253
$30,301 - $35,300	--		492		540	672	816		1,314		1254

For a full-time student who is a dependent and enrolled in an	1255
educational institution that holds a certificate of registration	1256
from the state board of career colleges and schools or a private	1257
institution exempt from regulation under Chapter 3332. of the	1258
Revised Code as prescribed in section 3333.046 of the Revised	1259
Code, the amount of the instructional grant for two semesters,	1260
three quarters, or a comparable portion of the academic year shall	1261
be determined in accordance with the following table:	1262

Career Institution	1263

Table of Grants	1264

	Maximum Grant $4,632		1265
Gross Income	Number of Dependents		1266

1

2

3

4

5 or more

1267

$0 - $15,000		$4,632		$4,632		$4,632		$4,632		$4,632		1268
$15,001 - $16,000		4,182		4,632		4,632		4,632		4,632		1269
$16,001 - $17,000		3,684		4,182		4,632		4,632		4,632		1270
$17,001 - $18,000		3,222		3,684		4,182		4,632		4,632		1271
$18,001 - $19,000		2,790		3,222		3,684		4,182		4,632		1272
$19,001 - $22,000		2,292		2,790		3,222		3,684		4,182		1273
$22,001 - $25,000		1,854		2,292		2,790		3,222		3,684		1274
$25,001 - $28,000		1,416		1,854		2,292		2,790		3,222		1275
$28,001 - $31,000		1,134		1,416		1,854		2,292		2,790		1276
$31,001 - $32,000		906		1,134		1,416		1,854		2,292		1277
$32,001 - $33,000		852		906		1,134		1,416		1,854		1278
$33,001 - $34,000		750		852		906		1,134		1,416		1279
$34,001 - $35,000		372		750		852		906		1,134		1280
$35,001 - $36,000		--		372		750		852		906		1281
$36,001 - $37,000		--		--		372		750		852		1282
$37,001 - $38,000		--		--		--		372		750		1283
$38,001 - $39,000		--		--		--		--		372		1284

For a full-time student who is financially independent and	1285
enrolled in an educational institution that holds a certificate of	1286
registration from the state board of career colleges and schools	1287
or a private institution exempt from regulation under Chapter	1288
3332. of the Revised Code as prescribed in section 3333.046 of the	1289
Revised Code, the amount of the instructional grant for two	1290
semesters, three quarters, or a comparable portion of the academic	1291
year shall be determined in accordance with the following table:	1292

Career Institution	1293

Table of Grants	1294

	Maximum Grant $4,632		1295
Gross Income	Number of Dependents		1296

0

1

2

3

4

5 or more

1297

$0 - $4,800	$4,632		$4,632		$4,632	$4,632	$4,632		$4,632		1298
$4,801 - $5,300	4,182		4,632		4,632	4,632	4,632		4,632		1299
$5,301 - $5,800	3,684		4,410		4,632	4,632	4,632		4,632		1300
$5,801 - $6,300	3,222		4,158		4,410	4,632	4,632		4,632		1301
$6,301 - $6,800	2,790		3,930		4,158	4,410	4,632		4,632		1302
$6,801 - $7,300	2,292		3,714		3,930	4,158	4,410		4,632		1303
$7,301 - $8,300	1,854		3,462		3,714	3,930	4,158		4,410		1304
$8,301 - $9,300	1,416		3,246		3,462	3,714	3,930		4,158		1305
$9,301 - $10,300	1,134		3,024		3,246	3,462	3,714		3,930		1306
$10,301 - $11,800	906		2,886		3,024	3,246	3,462		3,714		1307
$11,801 - $13,300	852		2,772		2,886	3,024	3,246		3,462		1308
$13,301 - $14,800	750		2,742		2,772	2,886	3,024		3,246		1309
$14,801 - $16,300	372		2,466		2,742	2,772	2,886		3,024		1310
$16,301 - $19,300	--		1,800		2,220	2,520	2,772		2,886		1311
$19,301 - $22,300	--		1,146		1,584	1,986	2,268		2,544		1312
$22,301 - $25,300	--		930		1,146	1,584	1,986		2,268		1313
$25,301 - $30,300	--		708		930	1,146	1,584		1,986		1314
$30,301 - $35,300	--		426		456	570	708		1,116		1315

For a full-time student who is a dependent and enrolled in a	1316
state-assisted educational institution, the amount of the	1317
instructional grant for two semesters, three quarters, or a	1318
comparable portion of the academic year shall be determined in	1319
accordance with the following table:	1320

Public Institution	1321

Table of Grants	1322

	Maximum Grant $2,190		1323
Gross Income	Number of Dependents		1324

1

2

3

4

5 or more

1325

$0 - $15,000		$2,190		$2,190		$2,190		$2,190		$2,190		1326
$15,001 - $16,000		1,974		2,190		2,190		2,190		2,190		1327
$16,001 - $17,000		1,740		1,974		2,190		2,190		2,190		1328
$17,001 - $18,000		1,542		1,740		1,974		2,190		2,190		1329
$18,001 - $19,000		1,320		1,542		1,740		1,974		2,190		1330
$19,001 - $22,000		1,080		1,320		1,542		1,740		1,974		1331
$22,001 - $25,000		864		1,080		1,320		1,542		1,740		1332
$25,001 - $28,000		648		864		1,080		1,320		1,542		1333
$28,001 - $31,000		522		648		864		1,080		1,320		1334
$31,001 - $32,000		420		522		648		864		1,080		1335
$32,001 - $33,000		384		420		522		648		864		1336
$33,001 - $34,000		354		384		420		522		648		1337
$34,001 - $35,000		174		354		384		420		522		1338
$35,001 - $36,000		--		174		354		384		420		1339
$36,001 - $37,000		--		--		174		354		384		1340
$37,001 - $38,000		--		--		--		174		354		1341
$38,001 - $39,000		--		--		--		--		174		1342

For a full-time student who is financially independent and	1343
enrolled in a state-assisted educational institution, the amount	1344
of the instructional grant for two semesters, three quarters, or a	1345
comparable portion of the academic year shall be determined in	1346
accordance with the following table:	1347

Public Institution	1348

Table of Grants	1349

	Maximum Grant $2,190		1350
Gross Income	Number of Dependents		1351

0

1

2

3

4

5 or more

1352

$0 - $4,800		$2,190		$2,190		$2,190	$2,190	$2,190		$2,190		1353
$4,801 - $5,300		1,974		2,190		2,190	2,190	2,190		2,190		1354
$5,301 - $5,800		1,740		2,082		2,190	2,190	2,190		2,190		1355
$5,801 - $6,300		1,542		1,968		2,082	2,190	2,190		2,190		1356
$6,301 - $6,800		1,320		1,866		1,968	2,082	2,190		2,190		1357
$6,801 - $7,300		1,080		1,758		1,866	1,968	2,082		2,190		1358
$7,301 - $8,300		864		1,638		1,758	1,866	1,968		2,082		1359
$8,301 - $9,300		648		1,530		1,638	1,758	1,866		1,968		1360
$9,301 - $10,300		522		1,422		1,530	1,638	1,758		1,866		1361
$10,301 - $11,800		420		1,356		1,422	1,530	1,638		1,758		1362
$11,801 - $13,300		384		1,308		1,356	1,422	1,530		1,638		1363
$13,301 - $14,800		354		1,290		1,308	1,356	1,422		1,530		1364
$14,801 - $16,300		174		1,164		1,290	1,308	1,356		1,422		1365
$16,301 - $19,300		--		858		1,050	1,182	1,308		1,356		1366
$19,301 - $22,300		--		540		750	948	1,062		1,200		1367
$22,301 - $25,300		--		432		540	750	948		1,062		1368
$25,301 - $30,300		--		324		432	540	750		948		1369
$30,301 - $35,300		--		192		210	264	324		522		1370

(D) For a full-time student enrolled in an eligible	1371
institution for a semester or quarter in addition to the portion	1372
of the academic year covered by a grant determined under division	1373
(C) of this section, the maximum grant amount shall be a	1374
percentage of the maximum prescribed in the applicable table of	1375
that division. The maximum grant for a fourth quarter shall be	1376
one-third of the maximum amount prescribed under that division.	1377
The maximum grant for a third semester shall be one-half of the	1378
maximum amount prescribed under that division.	1379

(E) No grant shall be made to any student in a course of	1380
study in theology, religion, or other field of preparation for a	1381
religious profession unless such course of study leads to an	1382
accredited bachelor of arts, bachelor of science, associate of	1383
arts, or associate of science degree.	1384

(F)(1) Except as provided in division (F)(2) of this section,	1385
no grant shall be made to any student for enrollment during a	1386
fiscal year in an institution with a cohort default rate	1387
determined by the United States secretary of education pursuant to	1388
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	1389
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	1390
preceding the fiscal year, equal to or greater than thirty per	1391
cent for each of the preceding two fiscal years.	1392

(2) Division (F)(1) of this section does not apply to the	1393
following:	1394

(a) Any student enrolled in an institution that under the	1395
federal law appeals its loss of eligibility for federal financial	1396
aid and the United States secretary of education determines its	1397
cohort default rate after recalculation is lower than the rate	1398
specified in division (F)(1) of this section or the secretary	1399
determines due to mitigating circumstances the institution may	1400
continue to participate in federal financial aid programs. The	1401
chancellor shall adopt rules requiring institutions to provide	1402
information regarding an appeal to the chancellor.	1403

(b) Any student who has previously received a grant under	1404
this section who meets all other requirements of this section.	1405

(3) The chancellor shall adopt rules for the notification of	1406
all institutions whose students will be ineligible to participate	1407
in the grant program pursuant to division (F)(1) of this section.	1408

(4) A student's attendance at an institution whose students	1409
lose eligibility for grants under division (F)(1) of this section	1410
shall not affect that student's eligibility to receive a grant	1411
when enrolled in another institution.	1412

(G) Institutions of higher education that enroll students	1413
receiving instructional grants under this section shall report to	1414
the chancellor all students who have received instructional grants	1415
but are no longer eligible for all or part of such grants and	1416
shall refund any moneys due the state within thirty days after the	1417
beginning of the quarter or term immediately following the quarter	1418
or term in which the student was no longer eligible to receive all	1419
or part of the student's grant. There shall be an interest charge	1420
of one per cent per month on all moneys due and payable after such	1421
thirty-day period. The chancellor shall immediately notify the	1422
office of budget and management and legislative budget office of	1423
the legislative service commission of all refunds so received.	1424

Sec. 3333.122.  (A) As used in this section:

1425

(1) "Eligible student" means a student who is:

1426

(a) An Ohio resident who first enrolls in an undergraduate	1427
program in the 2006-2007 academic year or thereafter;	1428

(b) If the student first enrolled in an undergraduate	1429
program in the 2006-2007 or 2007-2008 academic year, the student	1430
is enrolled in one of the following:	1431

(i) An accredited institution of higher education in this	1432
state that meets the requirements of Title VI of the Civil Rights	1433
Act of 1964 and is state-assisted, is nonprofit and has a	1434
certificate of authorization pursuant to Chapter 1713. of the	1435
Revised Code, has a certificate of registration from the state	1436
board of career colleges and schools and program authorization to	1437
award an associate or bachelor's degree, or is a private	1438
institution exempt from regulation under Chapter 3332. of the	1439
Revised Code as prescribed in section 3333.046 of the Revised	1440
Code. Students who attend an institution that holds a certificate	1441
of registration shall be enrolled in a program leading to an	1442
associate or bachelor's degree for which associate or bachelor's	1443
degree program the institution has program authorization issued	1444
under section 3332.05 of the Revised Code.	1445

(ii) A technical education program of at least two years	1446
duration sponsored by a private institution of higher education in	1447
this state that meets the requirements of Title VI of the Civil	1448
Rights Act of 1964;	1449

(iii) A nursing diploma program approved by the board of	1450
nursing under division (A)(5) of section 4723.06 of the Revised	1451
Code and that meets the requirements of Title VI of the Civil	1452
Rights Act of 1964.	1453

(c) If the student first enrolled in an undergraduate program	1454
after the 2007-2008 academic year, the student is enrolled in	1455
one of the following:	1456

(i) An accredited institution of higher education in this	1457
state that meets the requirements of Title VI of the Civil Rights	1458
Act of 1964 and is state-assisted, is nonprofit and has a	1459
certificate of authorization pursuant to Chapter 1713. of the	1460
Revised Code, or is a private institution exempt from regulation	1461
under Chapter 3332. of the Revised Code as prescribed in section	1462
3333.046 of the Revised Code;	1463

(ii) An education program of at least two years duration	1464
sponsored by a private institution of higher education in this	1465
state that meets the requirements of Title VI of the Civil Rights	1466
Act of 1964 and has a certificate of authorization pursuant to	1467
Chapter 1713. of the Revised Code;	1468

(iii) A nursing diploma program approved by the board of	1469
nursing under division (A)(5) of section 4723.06 of the Revised	1470
Code and that meets the requirements of Title VI of the Civil	1471
Rights Act of 1964.	1472

(2) A student who participated in either the early college	1473
high school program administered by the department of education or	1474
in the post-secondary enrollment options program pursuant to	1475
Chapter 3365. of the Revised Code before the 2006-2007 academic	1476
year shall not be excluded from eligibility for a needs-based	1477
financial aid grant under this section.	1478

(3) "Resident," "expected family contribution" or "EFC,"	1479
"full-time student," "three-quarters-time student," "half-time	1480
student," "one-quarter-time student," and "accredited" shall be	1481
defined by rules adopted by the chancellor of the Ohio board of	1482
regents.	1483

(B) The chancellor shall establish and administer a	1484
needs-based financial aid program based on the United States	1485
department of education's method of determining financial need and	1486
may adopt rules to carry out this section. The program shall be	1487
known as the Ohio college opportunity grant program. The general	1488
assembly shall support the needs-based financial aid program by	1489
such sums and in such manner as it may provide, but the chancellor	1490
may also receive funds from other sources to support the program.	1491
If the amounts available for support of the program are inadequate	1492
to provide grants to all eligible students, preference in the	1493
payment of grants shall be given in terms of expected family	1494
contribution, beginning with the lowest expected family	1495
contribution category and proceeding upward by category to the	1496
highest expected family contribution category.	1497

A needs-based financial aid grant shall be paid to an	1498
eligible student through the institution in which the student is	1499
enrolled, except that no needs-based financial aid grant shall be	1500
paid to any person serving a term of imprisonment. Applications	1501
for such grants shall be made as prescribed by the chancellor, and	1502
such applications may be made in conjunction with and upon the	1503
basis of information provided in conjunction with student	1504
assistance programs funded by agencies of the United States	1505
government or from financial resources of the institution of	1506
higher education. The institution shall certify that the student	1507
applicant meets the requirements set forth in divisions (A)(1)(a)	1508
and (b) of this section. Needs-based financial aid grants shall be	1509
provided to an eligible student only as long as the student is	1510
making appropriate progress toward a nursing diploma or an	1511
associate or bachelor's degree. No student shall be eligible to	1512
receive a grant for more than ten semesters, fifteen quarters, or	1513
the equivalent of five academic years. A grant made to an eligible	1514
student on the basis of less than full-time enrollment shall be	1515
based on the number of credit hours for which the student is	1516
enrolled and shall be computed in accordance with a formula	1517
adopted by the chancellor. No student shall receive more than one	1518
grant on the basis of less than full-time enrollment.	1519

A needs-based financial aid grant shall not exceed the total	1520
instructional and general charges of the institution.	1521

(C) The tables in this division prescribe the maximum grant	1522
amounts covering two semesters, three quarters, or a comparable	1523
portion of one academic year. Grant amounts for additional terms	1524
in the same academic year shall be determined under division (D)	1525
of this section.	1526

As used in the tables in division (C) of this section:

1527

(1) "Private institution" means an institution that is	1528
nonprofit and has a certificate of authorization pursuant to	1529
Chapter 1713. of the Revised Code.	1530

(2) "Career college" means either an institution that holds a	1531
certificate of registration from the state board of career	1532
colleges and schools or a private institution exempt from	1533
regulation under Chapter 3332. of the Revised Code as prescribed	1534
in section 3333.046 of the Revised Code.	1535

Full-time students shall be eligible to receive awards	1536
according to the following table:	1537

Full-Time Enrollment	1538

	If the EFC is equal to or greater than:		And if the EFC is no more than:		If the student attends a public institution, the annual award shall be:		If the student attends a private institution, the annual award shall be:		If the student attends a career college, the annual award shall be:		1539
	$2,101		$2,190		$300		$600		$480		1540
	2,001		2,100		402		798		642		1541
	1,901		2,000		498		1,002		798		1542
	1,801		1,900		600		1,200		960		1543
	1,701		1,800		702		1,398		1,122		1544
	1,601		1,700		798		1,602		1,278		1545
	1,501		1,600		900		1,800		1,440		1546
	1,401		1,500		1,002		1,998		1,602		1547
	1,301		1,400		1,098		2,202		1,758		1548
	1,201		1,300		1,200		2,400		1,920		1549
	1,101		1,200		1,302		2,598		2,082		1550
	1,001		1,100		1,398		2,802		2,238		1551
	901		1,000		1,500		3,000		2,400		1552
	801		900		1,602		3,198		2,562		1553
	701		800		1,698		3,402		2,718		1554
	601		700		1,800		3,600		2,280		1555
	501		600		1,902		3,798		3,042		1556
	401		500		1,998		4,002		3,198		1557
	301		400		2,100		4,200		3,360		1558
	201		300		2,202		4,398		3,522		1559
	101		200		2,298		4,602		3,678		1560
	1		100		2,400		4,800		3,840		1561
	0		0		2,496		4,992		3,996		1562

Three-quarters-time students shall be eligible to receive	1563
awards according to the following table:	1564

Three-Quarters-Time Enrollment	1565

	If the EFC is equal to or greater than:		And the EFC is no more than:		If the student attends a public institution, the annual award shall be:		If the student attends a private institution, the annual award shall be:		If the student attends a career college, the annual award shall be:		1566
	$2,101		$2,190		$228		$450		$360		1567
	2,001		2,100		300		600		480		1568
	1,901		2,000		372		750		600		1569
	1,801		1,900		450		900		720		1570
	1,701		1,800		528		1,050		840		1571
	1,601		1,700		600		1,200		960		1572
	1,501		1,600		678		1,350		1,080		1573
	1,401		1,500		750		1,500		1,200		1574
	1,301		1,400		822		1,650		1,320		1575
	1,201		1,300		900		1,800		1,440		1576
	1,101		1,200		978		1,950		1,560		1577
	1,001		1,100		1,050		2,100		1,680		1578
	901		1,000		1,128		2,250		1,800		1579
	801		900		1,200		2,400		1,920		1580
	701		800		1,272		2,550		2,040		1581
	601		700		1,350		2,700		2,160		1582
	501		600		1,428		2,850		2,280		1583
	401		500		1,500		3,000		2,400		1584
	301		400		1,578		3,150		2,520		1585
	201		300		1,650		3,300		2,640		1586
	101		200		1,722		3,450		2,760		1587
	1		100		1,800		3,600		2,880		1588
	0		0		1,872		3,744		3,000		1589

Half-time students shall be eligible to receive awards	1590
according to the following table:	1591

Half-Time Enrollment	1592

	If the EFC is equal to or greater than:		And if the EFC is no more than:		If the student attends a public institution, the annual award shall be:		If the student attends a private institution, the annual award shall be:		If the student attends a career college, the annual award shall be:		1593
	$2,101		$2,190		$150		$300		$240		1594
	2,001		2,100		204		402		324		1595
	1,901		2,000		252		504		402		1596
	1,801		1,900		300		600		480		1597
	1,701		1,800		354		702		564		1598
	1,601		1,700		402		804		642		1599
	1,501		1,600		450		900		720		1600
	1,401		1,500		504		1,002		804		1601
	1,301		1,400		552		1,104		882		1602
	1,201		1,300		600		1,200		960		1603
	1,101		1,200		654		1,302		1,044		1604
	1,001		1,100		702		1,404		1,122		1605
	901		1,000		750		1,500		1,200		1606
	801		900		804		1,602		1,284		1607
	701		800		852		1,704		1,362		1608
	601		700		900		1,800		1,440		1609
	501		600		954		1,902		1,524		1610
	401		500		1,002		2,004		1,602		1611
	301		400		1,050		2,100		1,680		1612
	201		300		1,104		2,202		1,764		1613
	101		200		1,152		2,304		1,842		1614
	1		100		1,200		2,400		1,920		1615
	0		0		1,248		2,496		1,998		1616

One-quarter-time students shall be eligible to receive awards	1617
according to the following table:	1618

One-Quarter-Time Enrollment	1619

	If the EFC is equal to or greater than:		And if the EFC is no more than:		If the student attends a public institution, the annual award shall be:		If the student attends a private institution, the annual award shall be:		If the student attends a career college, the annual award shall be:		1620
	$2,101		$2,190		$78		$150		$120		1621
	2,001		2,100		102		198		162		1622
	1,901		2,000		126		252		198		1623
	1,801		1,900		150		300		240		1624
	1,701		1,800		174		348		282		1625
	1,601		1,700		198		402		318		1626
	1,501		1,600		228		450		360		1627
	1,401		1,500		252		498		402		1628
	1,301		1,400		276		552		438		1629
	1,201		1,300		300		600		480		1630
	1,101		1,200		324		648		522		1631
	1,001		1,100		348		702		558		1632
	901		1,000		378		750		600		1633
	801		900		402		798		642		1634
	701		800		426		852		678		1635
	601		700		450		900		720		1636
	501		600		474		948		762		1637
	401		500		498		1,002		798		1638
	301		400		528		1,050		840		1639
	201		300		552		1,098		882		1640
	101		200		576		1,152		918		1641
	1		100		600		1,200		960		1642
	0		0		624		1,248		1,002		1643

(D) For a full-time student enrolled in an eligible	1644
institution for a semester or quarter in addition to the portion	1645
of the academic year covered by a grant determined under division	1646
(C) of this section, the maximum grant amount shall be a	1647
percentage of the maximum prescribed in the applicable table of	1648
that division. The maximum grant for a fourth quarter shall be	1649
one-third of the maximum amount prescribed under that division.	1650
The maximum grant for a third semester shall be one-half of the	1651
maximum amount prescribed under that division.	1652

(E) No grant shall be made to any student in a course of	1653
study in theology, religion, or other field of preparation for a	1654
religious profession unless such course of study leads to an	1655
accredited bachelor of arts, bachelor of science, associate of	1656
arts, or associate of science degree.	1657

(F)(1) Except as provided in division (F)(2) of this section,	1658
no grant shall be made to any student for enrollment during a	1659
fiscal year in an institution with a cohort default rate	1660
determined by the United States secretary of education pursuant to	1661
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	1662
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	1663
preceding the fiscal year, equal to or greater than thirty per	1664
cent for each of the preceding two fiscal years.	1665

(2) Division (F)(1) of this section does not apply to the	1666
following:	1667

(a) Any student enrolled in an institution that under the	1668
federal law appeals its loss of eligibility for federal financial	1669
aid and the United States secretary of education determines its	1670
cohort default rate after recalculation is lower than the rate	1671
specified in division (F)(1) of this section or the secretary	1672
determines due to mitigating circumstances the institution may	1673
continue to participate in federal financial aid programs. The	1674
chancellor shall adopt rules requiring institutions to provide	1675
information regarding an appeal to the chancellor.	1676

(b) Any student who has previously received a grant under	1677
this section who meets all other requirements of this section.	1678

(3) The chancellor shall adopt rules for the notification of	1679
all institutions whose students will be ineligible to participate	1680
in the grant program pursuant to division (F)(1) of this section.	1681

(4) A student's attendance at an institution whose students	1682
lose eligibility for grants under division (F)(1) of this section	1683
shall not affect that student's eligibility to receive a grant	1684
when enrolled in another institution.	1685

(G) Institutions of higher education that enroll students	1686
receiving needs-based financial aid grants under this section	1687
shall report to the chancellor all students who have received	1688
needs-based financial aid grants but are no longer eligible for	1689
all or part of such grants and shall refund any moneys due the	1690
state within thirty days after the beginning of the quarter or	1691
term immediately following the quarter or term in which the	1692
student was no longer eligible to receive all or part of the	1693
student's grant. There shall be an interest charge of one per cent	1694
per month on all moneys due and payable after such thirty-day	1695
period. The chancellor shall immediately notify the office of	1696
budget and management and the legislative budget office of the	1697
legislative service commission of all refunds so received.	1698

Sec. 3333.27.  As used in this section:

1699

(A) "Eligible institution" means a nonprofit Ohio institution	1700
of higher education that holds a certificate of authorization	1701
issued under section 1713.02 of the Revised Code and meets the	1702
requirements of Title VI of the Civil Rights Act of 1964.	1703

(B) "Resident" and "full-time student" have the meanings	1704
established for purposes of this section by rule of the chancellor	1705
of the Ohio board of regents.	1706

The chancellor shall establish and administer a student	1707
choice grant program and shall adopt rules for the administration	1708
of the program.	1709

The chancellor may make a grant to any resident of this state	1710
who is enrolled as a full-time student in a bachelor's degree	1711
program at an eligible institution and maintains an academic	1712
record that meets or exceeds the standard established pursuant to	1713
this section by rule of the chancellor, except that no grant shall	1714
be made to any individual who was enrolled as a student in an	1715
institution of higher education on or before July 1, 1984, or is	1716
serving a term of imprisonment. The grant shall not exceed the	1717
lesser of the total instructional and general charges of the	1718
institution in which the student is enrolled, or an amount equal	1719
to one-fourth of the total of any state instructional subsidy	1720
amount distributed by the chancellor in the second fiscal year of	1721
the preceding biennium for all full-time students enrolled in	1722
bachelor's degree programs at four-year state-assisted	1723
institutions of higher education divided by the sum of the actual	1724
number of full-time students enrolled in bachelor's degree	1725
programs at four-year state-assisted institutions of higher	1726
education reported to the chancellor for such year by the	1727
institutions to which the subsidy was distributed.	1728

The chancellor shall prescribe the form and manner of	1729
application for grants including the manner of certification by	1730
eligible institutions that each applicant from such institution is	1731
enrolled in a bachelor's degree program as a full-time student and	1732
has an academic record that meets or exceeds the standard	1733
established by the chancellor.	1734

A grant awarded to an eligible student shall be paid to the	1735
institution in which the student is enrolled, and the institution	1736
shall reduce the student's instructional and general charges by	1737
the amount of the grant. Each grant awarded shall be prorated and	1738
paid in equal installments at the time of enrollment for each term	1739
of the academic year for which the grant is awarded. No student	1740
shall be eligible to receive a grant for more than ten semesters,	1741
fifteen quarters, or the equivalent of five academic years.	1742

The receipt of an Ohio student choice grant shall not affect	1743
a student's eligibility for assistance, or the amount of such	1744
assistance, granted under section 3315.33, 3333.12, 3333.122,	1745
3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised	1746
Code. If a student receives assistance under one or more of such	1747
sections, the student choice grant made to the student shall not	1748
exceed the difference between the amount of assistance received	1749
under such sections and the total instructional and general	1750
charges of the institution in which the student is enrolled.	1751

The general assembly shall support the student choice grant	1752
program by such sums and in such manner as it may provide, but the	1753
chancellor may also receive funds from other sources to support	1754
the program.	1755

No grant shall be made to any student enrolled in a course of	1756
study leading to a degree in theology, religion, or other field of	1757
preparation for a religious profession unless the course of study	1758
leads to an accredited bachelor of arts or bachelor of science	1759
degree.	1760

Institutions of higher education that enroll students	1761
receiving grants under this section shall report to the chancellor	1762
the name of each student who has received such a grant but who is	1763
no longer eligible for all or part of such grant and shall refund	1764
all moneys due to the state within thirty days after the beginning	1765
of the term immediately following the term in which the student	1766
was no longer eligible to receive all or part of the grant. There	1767
shall be an interest charge of one per cent per month on all	1768
moneys due and payable after such thirty-day period. The	1769
chancellor shall immediately notify the office of budget and	1770
management and the legislative budget office of the legislative	1771
service commission of all refunds received.	1772

Sec. 3769.08.  (A) Any person holding a permit to conduct a	1773
horse-racing meeting may provide a place in the race meeting	1774
grounds or enclosure at which the permit holder may conduct and	1775
supervise the pari-mutuel system of wagering by patrons of legal	1776
age on the live racing programs and simulcast racing programs	1777
conducted by the permit holder.	1778

The pari-mutuel method of wagering upon the live racing	1779
programs and simulcast racing programs held at or conducted within	1780
such race track, and at the time of such horse-racing meeting, or	1781
at other times authorized by the state racing commission, shall	1782
not be unlawful. No other place, except that provided and	1783
designated by the permit holder and except as provided in section	1784
3769.26 of the Revised Code, nor any other method or system of	1785
betting or wagering, except the pari-mutuel system, shall be used	1786
or permitted by the permit holder; nor, except as provided in	1787
section 3769.089 or 3769.26 of the Revised Code, shall the	1788
pari-mutuel system of wagering be conducted by the permit holder	1789
on any races except the races at the race track, grounds, or	1790
enclosure for which the person holds a permit. Each permit holder	1791
may retain as a commission an amount not to exceed eighteen per	1792
cent of the total of all moneys wagered.	1793

The pari-mutuel wagering authorized by this section is	1794
subject to sections 3769.25 to 3769.28 of the Revised Code.	1795

(B) At the close of each racing day, each permit holder	1796
authorized to conduct thoroughbred racing, out of the amount	1797
retained on that day by the permit holder, shall pay by check,	1798
draft, or money order to the tax commissioner, as a tax, a sum	1799
equal to the following percentages of the total of all moneys	1800
wagered on live racing programs on that day and shall separately	1801
compute and pay by check, draft, or money order to the tax	1802
commissioner, as a tax, a sum equal to the following percentages	1803
of the total of all money wagered on simulcast racing programs on	1804
that day:	1805

(1) One per cent of the first two hundred thousand dollars	1806
wagered, or any part of that amount;	1807

(2) Two per cent of the next one hundred thousand dollars	1808
wagered, or any part of that amount;	1809

(3) Three per cent of the next one hundred thousand dollars	1810
wagered, or any part of that amount;	1811

(4) Four per cent of all sums over four hundred thousand	1812
dollars wagered.	1813

Except as otherwise provided in section 3769.089 of the	1814
Revised Code, each permit holder authorized to conduct	1815
thoroughbred racing shall use for purse money a sum equal to fifty	1816
per cent of the pari-mutuel revenues retained by the permit holder	1817
as a commission after payment of the state tax. This fifty per	1818
cent payment shall be in addition to the purse distribution from	1819
breakage specified in this section.	1820

Subject to division (M) of this section, from the moneys paid	1821
to the tax commissioner by thoroughbred racing permit holders,	1822
one-half of one per cent of the total of all moneys so wagered on	1823
a racing day shall be paid into the Ohio fairs fund created by	1824
section 3769.082 of the Revised Code, one and one-eighth per cent	1825
of the total of all moneys so wagered on a racing day shall be	1826
paid into the Ohio thoroughbred race fund created by section	1827
3769.083 of the Revised Code, and one-quarter of one per cent of	1828
the total of all moneys wagered on a racing day by each permit	1829
holder shall be paid into the state racing commission operating	1830
fund created by section 3769.03 of the Revised Code. The required	1831
payment to the state racing commission operating fund does not	1832
apply to county and independent fairs and agricultural societies.	1833
The remaining moneys may be retained by the permit holder, except	1834
as provided in this section with respect to the odd cents	1835
redistribution. Amounts paid into the PASSPORT fund shall be used	1836
solely for the support of the PASSPORT program as determined in	1837
appropriations made by the general assembly. If the PASSPORT	1838
program is abolished, the amount that would have been paid to the	1839
PASSPORT fund under this chapter shall be paid to the general	1840
revenue fund of the state. As used in this chapter, "PASSPORT	1841
program" means the PASSPORT program created under section 173.40	1842
of the Revised Code.	1843

The total amount paid to the Ohio thoroughbred race fund	1844
under this section and division (A) of section 3769.087 of the	1845
Revised Code shall not exceed by more than six per cent the total	1846
amount paid to this fund under this section and that section	1847
during the immediately preceding calendar year.	1848

Each year, the total amount calculated for payment into the	1849
Ohio fairs fund under this division, division (C) of this section,	1850
and division (A) of section 3769.087 of the Revised Code shall be	1851
an amount calculated using the percentages specified in this	1852
division, division (C) of this section, and division (A) of	1853
section 3769.087 of the Revised Code.	1854

A permit holder may contract with a thoroughbred horsemen's	1855
organization for the organization to act as a representative of	1856
all thoroughbred owners and trainers participating in a	1857
horse-racing meeting conducted by the permit holder. A	1858
"thoroughbred horsemen's organization" is any corporation or	1859
association that represents, through membership or otherwise, more	1860
than one-half of the aggregate of all thoroughbred owners and	1861
trainers who were licensed and actively participated in racing	1862
within this state during the preceding calendar year. Except as	1863
otherwise provided in this paragraph, any moneys received by a	1864
thoroughbred horsemen's organization shall be used exclusively for	1865
the benefit of thoroughbred owners and trainers racing in this	1866
state through the administrative purposes of the organization,	1867
benevolent activities on behalf of the horsemen, promotion of the	1868
horsemen's rights and interests, and promotion of equine research.	1869
A thoroughbred horsemen's organization may expend not more than an	1870
aggregate of five per cent of its annual gross receipts, or a	1871
larger amount as approved by the organization, for dues,	1872
assessments, and other payments to all other local, national, or	1873
international organizations having as their primary purposes the	1874
promotion of thoroughbred horse racing, thoroughbred horsemen's	1875
rights, and equine research.	1876

(C) Except as otherwise provided in division (B) of this	1877
section, at the close of each racing day, each permit holder	1878
authorized to conduct harness or quarter horse racing, out of the	1879
amount retained that day by the permit holder, shall pay by check,	1880
draft, or money order to the tax commissioner, as a tax, a sum	1881
equal to the following percentages of the total of all moneys	1882
wagered on live racing programs and shall separately compute and	1883
pay by check, draft, or money order to the tax commissioner, as a	1884
tax, a sum equal to the following percentages of the total of all	1885
money wagered on simulcast racing programs on that day:	1886

(1) One per cent of the first two hundred thousand dollars	1887
wagered, or any part of that amount;	1888

(2) Two per cent of the next one hundred thousand dollars	1889
wagered, or any part of that amount;	1890

(3) Three per cent of the next one hundred thousand dollars	1891
wagered, or any part of that amount;	1892

(4) Four per cent of all sums over four hundred thousand	1893
dollars wagered.	1894

Except as otherwise provided in division (B) and subject to	1895
division (M) of this section, from the moneys paid to the tax	1896
commissioner by permit holders authorized to conduct harness or	1897
quarter horse racing, one-half of one per cent of all moneys	1898
wagered on that racing day shall be paid into the Ohio fairs fund;	1899
from the moneys paid to the tax commissioner by permit holders	1900
authorized to conduct harness racing, five-eighths of one per cent	1901
of all moneys wagered on that racing day shall be paid into the	1902
Ohio standardbred development fund; and from the moneys paid to	1903
the tax commissioner by permit holders authorized to conduct	1904
quarter horse racing, five-eighths of one per cent of all moneys	1905
wagered on that racing day shall be paid into the Ohio quarter	1906
horse development fund.	1907

(D) In addition, subject to division (M) of this section,	1908
beginning on January 1, 1996, from the money paid to the tax	1909
commissioner as a tax under this section and division (A) of	1910
section 3769.087 of the Revised Code by harness horse permit	1911
holders, one-half of one per cent of the amount wagered on a	1912
racing day shall be paid into the Ohio standardbred development	1913
fund. Beginning January 1, 1998, the payment to the Ohio	1914
standardbred development fund required under this division does	1915
not apply to county agricultural societies or independent	1916
agricultural societies.	1917

The total amount paid to the Ohio standardbred development	1918
fund under this division, division (C) of this section, and	1919
division (A) of section 3769.087 of the Revised Code and the total	1920
amount paid to the Ohio quarter horse development fund under this	1921
division and division (A) of that section shall not exceed by more	1922
than six per cent the total amount paid into the fund under this	1923
division, division (C) of this section, and division (A) of	1924
section 3769.087 of the Revised Code in the immediately preceding	1925
calendar year.	1926

(E) Subject to division (M) of this section, from the money	1927
paid as a tax under this chapter by harness and quarter horse	1928
permit holders, one-quarter of one per cent of the total of all	1929
moneys wagered on a racing day by each permit holder shall be paid	1930
into the state racing commission operating fund created by section	1931
3769.03 of the Revised Code. This division does not apply to	1932
county and independent fairs and agricultural societies.	1933

(F) Except as otherwise provided in section 3769.089 of the	1934
Revised Code, each permit holder authorized to conduct harness	1935
racing shall pay to the harness horsemen's purse pool a sum equal	1936
to fifty per cent of the pari-mutuel revenues retained by the	1937
permit holder as a commission after payment of the state tax. This	1938
fifty per cent payment is to be in addition to the purse	1939
distribution from breakage specified in this section.	1940

(G) In addition, each permit holder authorized to conduct	1941
harness racing shall be allowed to retain the odd cents of all	1942
redistribution to be made on all mutual contributions exceeding a	1943
sum equal to the next lowest multiple of ten.	1944

Forty per cent of that portion of that total sum of such odd	1945
cents shall be used by the permit holder for purse money for Ohio	1946
sired, bred, and owned colts, for purse money for Ohio bred	1947
horses, and for increased purse money for horse races. Upon the	1948
formation of the corporation described in section 3769.21 of the	1949
Revised Code to establish a harness horsemen's health and	1950
retirement fund, twenty-five per cent of that portion of that	1951
total sum of odd cents shall be paid at the close of each racing	1952
day by the permit holder to that corporation to establish and fund	1953
the health and retirement fund. Until that corporation is formed,	1954
that twenty-five per cent shall be paid at the close of each	1955
racing day by the permit holder to the tax commissioner or the tax	1956
commissioner's agent in the county seat of the county in which the	1957
permit holder operates race meetings. The remaining thirty-five	1958
per cent of that portion of that total sum of odd cents shall be	1959
retained by the permit holder.	1960

(H) In addition, each permit holder authorized to conduct	1961
thoroughbred racing shall be allowed to retain the odd cents of	1962
all redistribution to be made on all mutuel contributions	1963
exceeding a sum equal to the next lowest multiple of ten. Twenty	1964
per cent of that portion of that total sum of such odd cents shall	1965
be used by the permit holder for increased purse money for horse	1966
races. Upon the formation of the corporation described in section	1967
3769.21 of the Revised Code to establish a thoroughbred horsemen's	1968
health and retirement fund, forty-five per cent of that portion of	1969
that total sum of odd cents shall be paid at the close of each	1970
racing day by the permit holder to that corporation to establish	1971
and fund the health and retirement fund. Until that corporation is	1972
formed, that forty-five per cent shall be paid by the permit	1973
holder to the tax commissioner or the tax commissioner's agent in	1974
the county seat of the county in which the permit holder operates	1975
race meetings, at the close of each racing day. The remaining	1976
thirty-five per cent of that portion of that total sum of odd	1977
cents shall be retained by the permit holder.	1978

(I) In addition, each permit holder authorized to conduct	1979
quarter horse racing shall be allowed to retain the odd cents of	1980
all redistribution to be made on all mutuel contributions	1981
exceeding a sum equal to the next lowest multiple of ten, subject	1982
to a tax of twenty-five per cent on that portion of the total sum	1983
of such odd cents that is in excess of two thousand dollars during	1984
a calendar year, which tax shall be paid at the close of each	1985
racing day by the permit holder to the tax commissioner or the tax	1986
commissioner's agent in the county seat of the county within which	1987
the permit holder operates race meetings. Forty per cent of that	1988
portion of that total sum of such odd cents shall be used by the	1989
permit holder for increased purse money for horse races. The	1990
remaining thirty-five per cent of that portion of that total sum	1991
of odd cents shall be retained by the permit holder.	1992

(J)(1) To encourage the improvement of racing facilities for	1993
the benefit of the public, breeders, and horse owners, and to	1994
increase the revenue to the state from the increase in pari-mutuel	1995
wagering resulting from those improvements, the taxes paid by a	1996
permit holder to the state as provided for in this chapter shall	1997
be reduced by three-fourths of one per cent of the total amount	1998
wagered for those permit holders who make capital improvements to	1999
existing race tracks or construct new race tracks. The percentage	2000
of the reduction that may be taken each racing day shall equal	2001
seventy-five per cent of the taxes levied under divisions (B) and	2002
(C) of this section and section 3769.087 of the Revised Code, and	2003
division (F)(2) of section 3769.26 of the Revised Code, as	2004
applicable, divided by the calculated amount each fund should	2005
receive under divisions (B) and (C) of this section and section	2006
3769.087 of the Revised Code, and division (F)(2) of section	2007
3769.26 of the Revised Code and the reduction provided for in this	2008
division. If the resulting percentage is less than one, that	2009
percentage shall be multiplied by the amount of the reduction	2010
provided for in this division. Otherwise, the permit holder shall	2011
receive the full reduction provided for in this division. The	2012
amount of the allowable reduction not received shall be carried	2013
forward and applied against future tax liability. After any	2014
reductions expire, any reduction carried forward shall be treated	2015
as a reduction as provided for in this division.	2016

If more than one permit holder is authorized to conduct	2017
racing at the facility that is being built or improved, the cost	2018
of the new race track or capital improvement shall be allocated	2019
between or among all the permit holders in the ratio that the	2020
permit holders' number of racing days bears to the total number of	2021
racing days conducted at the facility.	2022

A reduction for a new race track or a capital improvement	2023
shall start from the day racing is first conducted following the	2024
date actual construction of the new race track or each capital	2025
improvement is completed and the construction cost has been	2026
approved by the racing commission, unless otherwise provided in	2027
this section. A reduction for a new race track or a capital	2028
improvement shall continue for a period of twenty-five years for	2029
new race tracks and for fifteen years for capital improvements if	2030
the construction of the capital improvement or new race track	2031
commenced prior to March 29, 1988, and for a period of ten years	2032
for new race tracks or capital improvements if the construction of	2033
the capital improvement or new race track commenced on or after	2034
March 29, 1988, but before the effective date of this amendment	2035
June 6, 2001, or until the total tax reduction reaches seventy per	2036
cent of the approved cost of the new race track or capital	2037
improvement, as allocated to each permit holder, whichever occurs	2038
first. A reduction for a new race track or a capital improvement	2039
approved after the effective date of this amendmentJune 6, 2001,	2040
shall continue until the total tax reduction reaches one hundred	2041
per cent of the approved cost of the new race track or capital	2042
improvement, as allocated to each permit holder.	2043

A reduction granted for a new race track or a capital	2044
improvement, the application for which was approved by the racing	2045
commission after March 29, 1988, but before the effective date of	2046
this amendmentJune 6, 2001, shall not commence nor shall the	2047
ten-year period begin to run until all prior tax reductions with	2048
respect to the same race track have ended. The total tax reduction	2049
because of capital improvements shall not during any one year	2050
exceed for all permit holders using any one track three-fourths of	2051
one per cent of the total amount wagered, regardless of the number	2052
of capital improvements made. Several capital improvements to a	2053
race track may be consolidated in an application if the racing	2054
commission approved the application prior to March 29, 1988. No	2055
permit holder may receive a tax reduction for a capital	2056
improvement approved by the racing commission on or after March	2057
29, 1988, at a race track until all tax reductions have ended for	2058
all prior capital improvements approved by the racing commission	2059
under this section or section 3769.20 of the Revised Code at that	2060
race track. If there are two or more permit holders operating	2061
meetings at the same track, they may consolidate their	2062
applications. The racing commission shall notify the tax	2063
commissioner when the reduction of tax begins and when it ends.	2064

Each fiscal year the racing commission shall submit a report	2065
to the tax commissioner, the office of budget and management, and	2066
the legislative budget office of the legislative service	2067
commission. The report shall identify each capital improvement	2068
project undertaken under this division and in progress at each	2069
race track, indicate the total cost of each project, state the tax	2070
reduction that resulted from each project during the immediately	2071
preceding fiscal year, estimate the tax reduction that will result	2072
from each project during the current fiscal year, state the total	2073
tax reduction that resulted from all such projects at all race	2074
tracks during the immediately preceding fiscal year, and estimate	2075
the total tax reduction that will result from all such projects at	2076
all race tracks during the current fiscal year.	2077

(2) In order to qualify for the reduction in tax, a permit	2078
holder shall apply to the racing commission in such form as the	2079
commission may require and shall provide full details of the new	2080
race track or capital improvement, including a schedule for its	2081
construction and completion, and set forth the costs and expenses	2082
incurred in connection with it. The racing commission shall not	2083
approve an application unless the permit holder shows that a	2084
contract for the new race track or capital improvement has been	2085
let under an unrestricted competitive bidding procedure, unless	2086
the contract is exempted by the controlling board because of its	2087
unusual nature. In determining whether to approve an application,	2088
the racing commission shall consider whether the new race track or	2089
capital improvement will promote the safety, convenience, and	2090
comfort of the racing public and horse owners and generally tend	2091
towards the improvement of racing in this state.	2092

(3) If a new race track or capital improvement is approved by	2093
the racing commission and construction has started, the tax	2094
reduction may be authorized by the commission upon presentation of	2095
copies of paid bills in excess of one hundred thousand dollars or	2096
ten per cent of the approved cost, whichever is greater. After the	2097
initial authorization, the permit holder shall present copies of	2098
paid bills. If the permit holder is in substantial compliance with	2099
the schedule for construction and completion of the new race track	2100
or capital improvement, the racing commission may authorize the	2101
continuation of the tax reduction upon the presentation of the	2102
additional paid bills. The total amount of the tax reduction	2103
authorized shall not exceed the percentage of the approved cost of	2104
the new race track or capital improvement specified in division	2105
(J)(1) of this section. The racing commission may terminate any	2106
tax reduction immediately if a permit holder fails to complete the	2107
new race track or capital improvement, or to substantially comply	2108
with the schedule for construction and completion of the new race	2109
track or capital improvement. If a permit holder fails to complete	2110
a new race track or capital improvement, the racing commission	2111
shall order the permit holder to repay to the state the total	2112
amount of tax reduced. The normal tax paid by the permit holder	2113
shall be increased by three-fourths of one per cent of the total	2114
amount wagered until the total amount of the additional tax	2115
collected equals the total amount of tax reduced.	2116

(4) As used in this section:

2117

(a) "Capital improvement" means an addition, replacement, or	2118
remodeling of a structural unit of a race track facility costing	2119
at least one hundred thousand dollars, including, but not limited	2120
to, the construction of barns used exclusively for the race track	2121
facility, backstretch facilities for horsemen, paddock facilities,	2122
new pari-mutuel and totalizator equipment and appurtenances to	2123
that equipment purchased by the track, new access roads, new	2124
parking areas, the complete reconstruction, reshaping, and	2125
leveling of the racing surface and appurtenances, the installation	2126
of permanent new heating or air conditioning, roof replacement or	2127
restoration, installations of a permanent nature forming a part of	2128
the track structure, and construction of buildings that are	2129
located on a permit holder's premises. "Capital improvement" does	2130
not include the cost of replacement of equipment that is not	2131
permanently installed, ordinary repairs, painting, and maintenance	2132
required to keep a race track facility in ordinary operating	2133
condition.	2134

(b) "New race track" includes the reconstruction of a race	2135
track damaged by fire or other cause that has been declared by the	2136
racing commission, as a result of the damage, to be an inadequate	2137
facility for the safe operation of horse racing.	2138

(c) "Approved cost" includes all debt service and interest	2139
costs that are associated with a capital improvement or new race	2140
track and that the racing commission approves for a tax reduction	2141
under division (J) of this section.	2142

(5) The racing commission shall not approve an application	2143
for a tax reduction under this section if it has reasonable cause	2144
to believe that the actions or negligence of the permit holder	2145
substantially contributed to the damage suffered by the track due	2146
to fire or other cause. The racing commission shall obtain any	2147
data or information available from a fire marshal, law enforcement	2148
official, or insurance company concerning any fire or other damage	2149
suffered by a track, prior to approving an application for a tax	2150
reduction.	2151

(6) The approved cost to which a tax reduction applies shall	2152
be determined by generally accepted accounting principles and	2153
verified by an audit of the permit holder's records upon	2154
completion of the project by the racing commission, or by an	2155
independent certified public accountant selected by the permit	2156
holder and approved by the commission.	2157

(K) No other license or excise tax or fee, except as provided	2158
in sections 3769.01 to 3769.14 of the Revised Code, shall be	2159
assessed or collected from such licensee by any county, township,	2160
district, municipal corporation, or other body having power to	2161
assess or collect a tax or fee. That portion of the tax paid under	2162
this section by permit holders for racing conducted at and during	2163
the course of an agricultural exposition or fair, and that portion	2164
of the tax that would have been paid by eligible permit holders	2165
into the PASSPORT fund as a result of racing conducted at and	2166
during the course of an agricultural exposition or fair, shall be	2167
deposited into the state treasury to the credit of the horse	2168
racing tax fund, which is hereby created for the use of the	2169
agricultural societies of the several counties in which the taxes	2170
originate. The state racing commission shall determine eligible	2171
permit holders for purposes of the preceding sentence, taking into	2172
account the breed of horse, the racing dates, the geographic	2173
proximity to the fair, and the best interests of Ohio racing. On	2174
the first day of any month on which there is money in the fund,	2175
the tax commissioner shall provide for payment to the treasurer of	2176
each agricultural society the amount of the taxes collected under	2177
this section upon racing conducted at and during the course of any	2178
exposition or fair conducted by the society.	2179

(L) From the tax paid under this section by harness track	2180
permit holders, the tax commissioner shall pay into the Ohio	2181
thoroughbred race fund a sum equal to a percentage of the amount	2182
wagered upon which the tax is paid. The percentage shall be	2183
determined by the tax commissioner and shall be rounded to the	2184
nearest one-hundredth. The percentage shall be such that, when	2185
multiplied by the amount wagered upon which tax was paid by the	2186
harness track permit holders in the most recent year for which	2187
final figures are available, it results in a sum that	2188
substantially equals the same amount of tax paid by the tax	2189
commissioner during that year into the Ohio fairs fund from taxes	2190
paid by thoroughbred permit holders. This division does not apply	2191
to county and independent fairs and agricultural societies.	2192

(M) Twenty-five per cent of the taxes levied on thoroughbred	2193
racing permit holders, harness racing permit holders, and quarter	2194
horse racing permit holders under this section, division (A) of	2195
section 3769.087 of the Revised Code, and division (F)(2) of	2196
section 3769.26 of the Revised Code shall be paid into the	2197
PASSPORT fund. The tax commissioner shall pay any money remaining,	2198
after the payment into the PASSPORT fund and the reductions	2199
provided for in division (J) of this section and in section	2200
3769.20 of the Revised Code, into the Ohio fairs fund, Ohio	2201
thoroughbred race fund, Ohio standardbred development fund, Ohio	2202
quarter horse fund, and state racing commission operating fund as	2203
prescribed in this section and division (A) of section 3769.087 of	2204
the Revised Code. The tax commissioner shall thereafter use and	2205
apply the balance of the money paid as a tax by any permit holder	2206
to cover any shortage in the accounts of such funds resulting from	2207
an insufficient payment as a tax by any other permit holder. The	2208
moneys received by the tax commissioner shall be deposited weekly	2209
and paid by the tax commissioner into the funds to cover the total	2210
aggregate amount due from all permit holders to the funds, as	2211
calculated under this section and division (A) of section 3769.087	2212
of the Revised Code, as applicable. If, after the payment into the	2213
PASSPORT fund, sufficient funds are not available from the tax	2214
deposited by the tax commissioner to pay the required amounts into	2215
the Ohio fairs fund, Ohio standardbred development fund, Ohio	2216
thoroughbred race fund, Ohio quarter horse fund, and the state	2217
racing commission operating fund, the tax commissioner shall	2218
prorate on a proportional basis the amount paid to each of the	2219
funds. Any shortage to the funds as a result of a proration shall	2220
be applied against future deposits for the same calendar year when	2221
funds are available. After this application, the tax commissioner	2222
shall pay any remaining money paid as a tax by all permit holders	2223
into the PASSPORT fund. This division does not apply to permit	2224
holders conducting racing at the course of an agricultural	2225
exposition or fair as described in division (K) of this section.	2226

Sec. 3769.20.  (A) To encourage the renovation of existing	2227
racing facilities for the benefit of the public, breeders, and	2228
horse owners and to increase the revenue to the state from the	2229
increase in pari-mutuel wagering resulting from such improvement,	2230
the taxes paid by a permit holder to the state, in excess of the	2231
amount paid into the PASSPORT fund, shall be reduced by one per	2232
cent of the total amount wagered for those permit holders who	2233
carry out a major capital improvement project. The percentage of	2234
the reduction that may be taken each racing day shall equal	2235
seventy-five per cent of the amount of the taxes levied under	2236
divisions (B) and (C) of section 3769.08, section 3769.087, and	2237
division (F)(2) of section 3769.26 of the Revised Code, as	2238
applicable, divided by the calculated amount each fund should	2239
receive under divisions (B) and (C) of section 3769.08, section	2240
3769.087, and division (F)(2) of section 3769.26 of the Revised	2241
Code and the reduction provided for in this section. If the	2242
resulting percentage is less than one, that percentage shall be	2243
multiplied by the amount of the reduction provided for in this	2244
section. Otherwise, the permit holder shall receive the full	2245
reduction provided for in this section. The amount of the	2246
allowable reduction not received shall be carried forward and	2247
added to any other reduction balance and applied against future	2248
tax liability. After any reductions expire, any reduction carried	2249
forward shall be treated as a reduction as provided for in this	2250
section. If the amount of allowable reduction exceeds the amount	2251
of taxes derived from a permit holder, the amount of the allowable	2252
reduction not used may be carried forward and applied against	2253
future tax liability.	2254

If more than one permit holder is authorized to conduct	2255
racing at the facility that is being improved, the cost of the	2256
major capital improvement project shall be allocated between or	2257
among all the permit holders in the ratio that each permit	2258
holder's number of racing days bears to the total number of racing	2259
days conducted at the facility.	2260

A reduction for a major capital improvement project shall	2261
start from the day racing is first conducted following the date on	2262
which the major capital improvement project is completed and the	2263
construction cost has been approved by the state racing	2264
commission, except as otherwise provided in division (E) of this	2265
section, and shall continue until the total tax reduction equals	2266
the cost of the major capital improvement project plus debt	2267
service applicable to the project. In no event, however, shall	2268
any tax reduction, excluding any reduction balances, be permitted	2269
under this section after December 31, 2014. The total tax	2270
reduction because of the major capital improvement project shall	2271
not during any one year exceed for all permit holders using any	2272
one track one per cent of the total amount wagered. The racing	2273
commission shall notify the tax commissioner when the reduction of	2274
tax begins and when it ends.	2275

(B) Each fiscal year, the racing commission shall submit a	2276
report to the tax commissioner, the office of budget and	2277
management, and the legislative budget office of the legislative	2278
service commission. The report shall identify each capital	2279
improvement project undertaken under this section and in progress	2280
at each race track, indicate the total cost of each project, state	2281
the tax reduction that resulted from each project during the	2282
immediately preceding fiscal year, estimate the tax reduction that	2283
will result from each project during the current fiscal year,	2284
state the total tax reduction that resulted from all such projects	2285
at all race tracks during the immediately preceding fiscal year,	2286
and estimate the total tax reduction that will result from all	2287
such projects at all race tracks during the current fiscal year.	2288

(C) The tax reduction granted pursuant to this section shall	2289
be in addition to any tax reductions for capital improvements and	2290
new race tracks provided for in section 3769.08 of the Revised	2291
Code and approved by the racing commission.	2292

(D) In order to qualify for the reduction in tax, a permit	2293
holder shall apply to the racing commission in such form as the	2294
commission may require and shall provide full details of the major	2295
capital improvement project, including plans and specifications, a	2296
schedule for the project's construction and completion, and a	2297
breakdown of proposed costs. In addition, the permit holder shall	2298
have commenced construction of the major capital improvement	2299
project or shall have had the application for the project approved	2300
by the racing commission prior to March 29, 1988. The racing	2301
commission shall not approve an application unless the permit	2302
holder shows that a contract for the major capital improvement	2303
project has been let under an unrestricted competitive bidding	2304
procedure, unless the contract is exempted by the controlling	2305
board because of its unusual nature. In determining whether to	2306
approve an application, the racing commission shall consider	2307
whether the major capital improvement project will promote the	2308
safety, convenience, and comfort of the racing public and horse	2309
owners and generally tend toward the improvement of racing in this	2310
state.	2311

(E) If the major capital improvement project is approved by	2312
the racing commission and construction has started, the tax	2313
reduction may be authorized by the commission upon presentation of	2314
copies of paid bills in excess of five hundred thousand dollars.	2315
After the initial authorization, the permit holder shall present	2316
copies of paid bills in the amount of not less than five hundred	2317
thousand dollars. If the permit holder is in substantial	2318
compliance with the schedule for construction and completion of	2319
the major capital improvement project, the racing commission may	2320
authorize the continuance of the tax reduction upon the	2321
presentation of the additional paid bills in increments of five	2322
hundred thousand dollars. The racing commission may terminate the	2323
tax reduction if a permit holder fails to complete the major	2324
capital improvement project or fails to comply substantially with	2325
the schedule for construction and completion of the major capital	2326
improvement project. If the time for completion of the major	2327
capital improvement project is delayed by acts of God, strikes, or	2328
the unavailability of labor or materials, the time for completion	2329
as set forth in the schedule shall be extended by the period of	2330
the delay. If a permit holder fails to complete the major capital	2331
improvement project, the racing commission shall order the permit	2332
holder to repay to the state the total amount of tax reduced,	2333
unless the permit holder has spent at least six million dollars on	2334
the project. The normal tax paid by the permit holder under	2335
section 3769.08 of the Revised Code shall be increased by one per	2336
cent of the total amount wagered until the total amount of the	2337
additional tax collected equals the total amount of tax reduced.	2338
Any action taken by the racing commission pursuant to this section	2339
in terminating the tax adjustment or requiring repayment of the	2340
amount of tax reduced shall be subject to Chapter 119. of the	2341
Revised Code.	2342

(F) As used in this section, "major capital improvement	2343
project" means the renovation, reconstruction, or remodeling,	2344
costing at least six million dollars, of a race track facility,	2345
including, but not limited to, the construction of barns used	2346
exclusively for that race track facility, backstretch facilities	2347
for horsemen, paddock facilities, pari-mutuel and totalizator	2348
equipment and appurtenances to that equipment purchased by the	2349
track, new access roads, new parking areas, the complete	2350
reconstruction, reshaping, and leveling of the racing surface and	2351
appurtenances, grandstand enclosure, installation of permanent new	2352
heating or air conditioning, roof replacement, and installations	2353
of a permanent nature forming a part of the track structure.	2354

(G) The cost and expenses to which the tax reduction granted	2355
under this section applies shall be determined by generally	2356
accepted accounting principles and be verified by an audit of the	2357
permit holder's records, upon completion of the major capital	2358
improvement project, either by the racing commission or by an	2359
independent certified public accountant selected by the permit	2360
holder and approved by the commission.	2361

(H) This section and section 3769.201 of the Revised Code	2362
govern any tax reduction granted to a permit holder for the cost	2363
to the permit holder of any cleanup, repair, or improvement	2364
required as a result of damage caused by the 1997 Ohio river flood	2365
to the place, track, or enclosure for which the permit is issued.	2366

Sec. 4743.01.  Each board, commission, or agency created	2367
under or by virtue of Title XLVII of the Revised Code and such	2368
other boards, commissions, and agencies as the director of the	2369
legislative service commissionlegislative budget officer	2370
determines are regulating occupations and professions shall, on	2371
the first day of September, make a report to the legislative	2372
budget office of the legislative service commission of its	2373
receipts and disbursements and of its official acts of the	2374
preceding fiscal year, in such form as the commissionbudget	2375
office may prescribe. The required report shall include an	2376
accounting of the fees such boards, commissions, and agencies	2377
charge and receive for examination, licensure, registration,	2378
certification, renewal of licensure, and providing of a duplicate	2379
copy of such certification or licensure; an accounting of fines	2380
charged by such boards, commissions, and agencies for violations	2381
of law and rules; the uses such boards, commissions, and agencies	2382
make of their revenue; the use of funds, as defined by section	2383
131.01 of the Revised Code, by such boards, commissions, and	2384
agencies; the date on which the last adjustment was made to the	2385
fee charged; the percentage of increase or decrease of the last	2386
adjustment of fees; the authority by which such adjustment was	2387
made; and the extent to which such boards, commissions, or	2388
agencies have authority to adjust fees. The commissionbudget	2389
office shall receive and consolidate the reports as required by	2390
division (H)(C)(5) of section 103.13103.36 of the Revised Code.	2391

Sec. 5120.51.  (A)(1) If the director of rehabilitation and	2392
correction determines that a bill introduced in the general	2393
assembly is likely to have a significant impact on the population	2394
of, or the cost of operating, any or all state correctional	2395
institutions under the administration of the department of	2396
rehabilitation and correction, the department shall prepare a	2397
population and cost impact statement for the bill, in accordance	2398
with division (A)(2) of this section.	2399

(2) A population and cost impact statement required for a	2400
bill shall estimate the increase or decrease in the correctional	2401
institution population that likely would result if the bill were	2402
enacted, shall estimate, in dollars, the amount by which revenues	2403
or expenditures likely would increase or decrease if the bill were	2404
enacted, and briefly shall explain each of the estimates.	2405

A population and cost impact statement required for a bill	2406
initially shall be prepared after the bill is referred to a	2407
committee of the general assembly in the house of origination but	2408
before the meeting of the committee at which the committee is	2409
scheduled to vote on whether to recommend the bill for passage. A	2410
copy of the statement shall be distributed to each member of the	2411
committee that is considering the bill and to the member of the	2412
general assembly who introduced it. If the bill is recommended for	2413
passage by the committee, the department shall update the	2414
statement before the bill is taken up for final consideration by	2415
the house of origination. A copy of the updated statement shall be	2416
distributed to each member of that house and to the member of the	2417
general assembly who introduced the bill. If the bill is passed by	2418
the house of origination and is introduced in the second house,	2419
the provisions of this division concerning the preparation,	2420
updating, and distribution of the statement in the house of	2421
origination also apply in the second house.	2422

(B) The governor or any member of the general assembly, at	2423
any time, may request the department to prepare a population and	2424
cost impact statement for any bill introduced in the general	2425
assembly. Upon receipt of a request, the department promptly shall	2426
prepare a statement that includes the estimates and explanations	2427
described in division (A)(2) of this section and present a copy of	2428
it to the governor or member who made the request.	2429

(C) In the preparation of a population and cost impact	2430
statement required by division (A) or (B) of this section, the	2431
department shall use a technologically sophisticated system	2432
capable of estimating future state correctional institution	2433
populations. The system shall have the capability to adjust its	2434
estimates based on actual and proposed changes in sentencing laws	2435
and trends, sentence durations, parole rates, crime rates, and any	2436
other data that affect state correctional institution populations.	2437
The department, in conjunction with the advisory committee	2438
appointed under division (E) of this section, shall review and	2439
update the data used in the system, not less than once every six	2440
months, to improve the accuracy of the system.	2441

(D) At least once every six months, the department shall	2442
provide to the correctional institution inspection committee a	2443
copy of the estimates of state correctional institution	2444
populations obtained through use of the system described in	2445
division (C) of this section and a description of the assumptions	2446
regarding sentencing laws and trends, sentence durations, parole	2447
rates, crime rates, and other relevant data that were made by the	2448
department to obtain the estimates. Additionally, a copy of the	2449
estimates and a description of the assumptions made to obtain them	2450
shall be provided, upon reasonable request, to other legislative	2451
staff, including the staff of the legislative service commission	2452
and the legislative budget office of the legislative service	2453
commission, to the office of budget and management, and to the	2454
division of criminal justice services in the department of public	2455
safety.	2456

(E) The correctional institution inspection committee shall	2457
appoint an advisory committee to review the operation of the	2458
system for estimating future state correctional institution	2459
populations that is used by the department in the preparation of	2460
population cost impact statements pursuant to this section and to	2461
join with the department in its reviews and updating of the data	2462
used in the system under division (C) of this section. The	2463
advisory committee shall be comprised of at least one prosecuting	2464
attorney, at least one common pleas court judge, at least one	2465
public defender, at least one person who is a member or staff	2466
employee of the committee, and at least one representative of the	2467
division of criminal justice services in the department of public	2468
safety.	2469

Section 2. That existing sections 102.01, 103.13, 103.132,	2470
103.143, 103.16, 103.17, 103.18, 103.20, 103.21, 103.23, 124.14,	2471
126.02, 126.21, 3333.04, 3333.12, 3333.122, 3333.27, 3769.08,	2472
3769.20, 4743.01, and 5120.51 of the Revised Code are hereby	2473
repealed.	2474

Section 3. It is the intent of the General Assembly that all	2475
individuals currently serving as fiscal staff of the Legislative	2476
Service Commission shall serve as employees of the Legislative	2477
Budget Office.	2478