Bill Text: OH HB472 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: ; to amend Section 1 of Sub. H.B. 34 of the 130th General Assembly, as subsequently amended; to amend Sections 207.10, 209.30, 211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10, 363.120, 363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly; and to repeal Section 747.40 of Am. Sub. H.B. 59 of the 130th General Assembly to make operating and other appropriations and to provide authorization and conditions for the operation of state programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-11 - To Ways and Means [HB472 Detail]

Download: Ohio-2013-HB472-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 472


Representative McClain (By Request) 



A BILL
To amend sections 7.10, 7.16, 9.482, 109.572, 1
109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 2
122.136, 122.17, 122.171, 122.21, 122.25, 122.37, 3
122.64, 122.86, 122.861, 122.89, 122.94, 122.941, 4
123.01, 124.32, 125.13, 125.182, 126.21, 126.25, 5
131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 6
164.26, 166.13, 166.18, 166.21, 173.27, 173.38, 7
184.02, 191.01, 340.02, 340.021, 718.15, 718.151, 8
901.22, 903.01, 903.03, 903.07, 903.082, 903.09, 9
903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 10
903.25, 921.06, 941.14, 953.22, 1321.535, 1321.55, 11
1322.03, 1322.031, 1322.04, 1322.041, 1322.051, 12
1322.06, 1501.01, 1501.011, 1509.01, 1509.02, 13
1509.04, 1509.05, 1509.06, 1509.071, 1509.08, 14
1509.11, 1509.222, 1509.223, 1509.23, 1509.27, 15
1509.33, 1509.34, 1509.99, 1511.01, 1511.02, 16
1511.021, 1511.022, 1511.05, 1511.07, 1511.99, 17
1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 18
1533.11, 1533.12, 1551.34, 1561.31, 1711.50, 19
1711.53, 2151.417, 2151.421, 2152.19, 2305.25, 20
2305.252, 2701.09, 2915.01, 2915.03, 2915.06, 21
2915.061, 2945.402, 3123.89, 3301.0714, 3301.0715, 22
3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, 23
3313.6016, 3313.90, 3313.91, 3314.08, 3317.02, 24
3317.0217, 3317.03, 3319.22, 3319.26, 3321.03, 25
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 26
3326.36, 3328.24, 3331.04, 3333.041, 3333.048, 27
3333.35, 3333.43, 3333.86, 3345.06, 3358.06, 28
3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 29
3365.11, 3701.132, 3701.34, 3701.74, 3701.83, 30
3701.881, 3702.511, 3702.52, 3702.526, 3702.71, 31
3702.74, 3702.75, 3702.91, 3702.95, 3704.05, 32
3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 33
3737.02, 3745.70, 3750.13, 3750.14, 3770.01, 34
3770.02, 3770.05, 3772.01, 3772.02, 3772.03, 35
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 36
3772.10, 3772.12, 3772.121, 3772.15, 3772.17, 37
3772.21, 3772.23, 3772.31, 3772.99, 4121.129, 38
4123.01, 4123.26, 4123.27, 4123.29, 4123.291, 39
4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 40
4123.353, 4123.36, 4123.37, 4123.40, 4123.41, 41
4123.411, 4123.47, 4123.511, 4123.512, 4123.54, 42
4123.66, 4123.82, 4123.83, 4125.05, 4141.01, 43
4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 44
4141.26, 4141.28, 4141.29, 4141.35, 4511.191, 45
4729.03, 4729.12, 4729.13, 4729.15, 4729.54, 46
4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 47
4740.06, 4743.04, 4758.01, 4758.02, 4758.06, 48
4758.16, 4758.20, 4758.21, 4758.23, 4758.24, 49
4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 50
4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 51
4758.71, 4781.121, 4781.29, 4905.01, 4905.81, 52
4905.95, 4921.13, 4921.19, 4923.01, 4923.02, 53
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 54
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 55
5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 56
5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 57
5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 58
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 59
5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 60
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 61
5164.342, 5513.01, 5703.052, 5703.056, 5703.059, 62
5703.21, 5713.012, 5727.47, 5727.91, 5735.01, 63
5735.026, 5735.03, 5735.06, 5735.062, 5735.07, 64
5735.09, 5735.12, 5735.141, 5735.23, 5736.06, 65
5736.09, 5736.13, 5743.01, 5743.02, 5743.021, 66
5743.024, 5743.025, 5743.03, 5743.04, 5743.05, 67
5743.051, 5743.112, 5743.32, 5743.51, 5743.52, 68
5743.62, 5743.63, 5743.65, 5747.02, 5747.025, 69
5747.08, 5747.71 5747.98, 5749.01, 5749.02, 70
5749.03, 5749.04, 5749.06, 5749.07, 5749.08, 71
5749.10, 5749.12, 5749.13, 5749.14, 5749.15, 72
5749.17, 5751.03, 5751.20, 5902.02, 5903.03, 73
5903.10, 5903.11, 5903.12, 5903.121, 5907.01, 74
5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and 75
6111.99; to amend, for the purpose of adopting new 76
section numbers as indicated in parentheses, 77
sections 1509.061 (1509.091), 1511.022 (939.04), 78
3365.04 (3365.06), 3365.041 (3365.032), 3365.05 79
(3365.12), 3365.06 (3365.031), and 3365.11 80
(3365.09); to enact new sections 3313.6015, 81
3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 82
3365.07, 3365.10, 3365.11, and 3365.15 and 83
sections 107.35, 164.261, 190.01, 190.02, 190.03, 84
190.04, 321.50, 939.01, 939.02, 939.03, 939.05, 85
939.06, 939.07, 939.08, 939.09, 939.10, 939.11, 86
1509.051, 1511.023, 1511.09, 2915.062, 3123.90, 87
3313.902, 3317.162, 3333.0413, 3333.164, 3333.171, 88
3333.33, 3333.44, 3333.90, 3333.91, 3345.42, 89
3345.43, 3345.44, 3345.46, 3365.071, 3365.13, 90
3721.122, 3772.14, 4121.443, 4121.447, 4758.48, 91
4758.62, 4758.63, 4758.64, 4909.157, 5122.36, 92
5123.0420, 5139.12, 5139.45, 5736.50, 5749.031, 93
5903.01, 5903.04, and 5903.05; to repeal sections 94
183.35, 903.04, 1509.50, 1511.071, 3125.191, 95
3313.6015, 3345.062, 3345.19, 3365.01, 3365.02, 96
3365.021, 3365.022, 3365.03, 3365.07, 3365.09, 97
3365.10, 3365.12, 3365.15, 3702.93, 3750.081, 98
4123.419, 5124.63, 5124.64, 5726.08, 5733.30, 99
5735.16, 5743.06, and 5745.10 of the Revised Code; 100
to amend Section 1 of Sub. H.B. 34 of the 130th 101
General Assembly, as subsequently amended; to 102
amend Sections 207.10, 209.30, 211.10, 221.10, 103
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 104
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 105
285.10, 285.20, 301.10, 327.10, 327.83, 333.10, 106
333.80, 340.10, 359.10, 363.10, 363.120, 363.190, 107
363.200, 365.10, 371.10, 395.10, 403.10, 512.80, 108
and 751.10 of Am. Sub. H.B. 59 of the 130th 109
General Assembly; and to repeal Section 747.40 of 110
Am. Sub. H.B. 59 of the 130th General Assembly to 111
make operating and other appropriations and to 112
provide authorization and conditions for the 113
operation of state programs.114


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

       Section 101.01. That sections 7.10, 7.16, 9.482, 109.572, 115
109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 122.136, 116
122.17, 122.171, 122.21, 122.25, 122.37, 122.64, 122.86, 122.861, 117
122.89, 122.94, 122.941, 123.01, 124.32, 125.13, 125.182, 126.21, 118
126.25, 131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 164.26, 119
166.13, 166.18, 166.21, 173.27, 173.38, 184.02, 191.01, 340.02, 120
340.021, 718.15, 718.151, 901.22, 903.01, 903.03, 903.07, 903.082, 121
903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 122
921.06, 941.14, 953.22, 1321.535, 1321.55, 1322.03, 1322.031, 123
1322.04, 1322.041, 1322.051, 1322.06, 1501.01, 1501.011, 1509.01, 124
1509.02, 1509.04, 1509.05, 1509.06, 1509.071, 1509.08, 1509.11, 125
1509.222, 1509.223, 1509.23, 1509.27, 1509.33, 1509.34, 1509.99, 126
1511.01, 1511.02, 1511.021, 1511.022, 1511.05, 1511.07, 1511.99, 127
1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 1533.11, 1533.12, 128
1551.34, 1561.31, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19, 129
2305.25, 2305.252, 2701.09, 2915.01, 2915.03, 2915.06, 2915.061, 130
2945.402, 3123.89, 3301.0714, 3301.0715, 3302.03, 3302.10, 131
3313.372, 3313.603, 3313.6013, 3313.6016, 3313.90, 3313.91, 132
3314.08, 3317.02, 3317.0217, 3317.03, 3319.22, 3319.26, 3321.03, 133
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24, 134
3331.04, 3333.041, 3333.048, 3333.35, 3333.43, 3333.86, 3345.06, 135
3358.06, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 3365.11, 136
3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 3702.511, 3702.52, 137
3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3704.05, 138
3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 3737.02, 3745.70, 139
3750.13, 3750.14, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02, 140
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10, 141
3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.31, 142
3772.99, 4121.129, 4123.01, 4123.26, 4123.27, 4123.29, 4123.291, 143
4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 4123.353, 4123.36, 144
4123.37, 4123.40, 4123.41, 4123.411, 4123.47, 4123.511, 4123.512, 145
4123.54, 4123.66, 4123.82, 4123.83, 4125.05, 4141.01, 4141.09, 146
4141.11, 4141.131, 4141.20, 4141.25, 4141.26, 4141.28, 4141.29, 147
4141.35, 4511.191, 4729.03, 4729.12, 4729.13, 4729.15, 4729.54, 148
4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 4740.06, 4743.04, 149
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 150
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 151
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 4781.121, 4781.29, 152
4905.01, 4905.81, 4905.95, 4921.13, 4921.19, 4923.01, 4923.02, 153
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 5123.012, 5123.081, 154
5123.16, 5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 5123.61, 155
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60, 156
5124.61, 5124.62, 5124.67, 5126.01, 5126.0219, 5126.041, 5126.046, 157
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 158
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 5164.342, 5513.01, 159
5703.052, 5703.056, 5703.059, 5703.21, 5713.012, 5727.47, 5727.91, 160
5735.01, 5735.026, 5735.03, 5735.06, 5735.062, 5735.07, 5735.09, 161
5735.12, 5735.141, 5735.23, 5736.06, 5736.09, 5736.13, 5743.01, 162
5743.02, 5743.021, 5743.024, 5743.025, 5743.03, 5743.04, 5743.05, 163
5743.051, 5743.112, 5743.32, 5743.51, 5743.52, 5743.62, 5743.63, 164
5743.65, 5747.02, 5747.025, 5747.08, 5747.71, 5747.98, 5749.01, 165
5749.02, 5749.03, 5749.04, 5749.06, 5749.07, 5749.08, 5749.10, 166
5749.12, 5749.13, 5749.14, 5749.15, 5749.17, 5751.03, 5751.20, 167
5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01, 168
5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and 6111.99 be 169
amended; sections 1509.061 (1509.091), 1511.022 (939.04), 3365.04 170
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06 171
(3365.031), and 3365.11 (3365.09) be amended for the purpose of 172
adopting new section numbers as indicated in parentheses; and new 173
sections 3313.6015, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 174
3365.07, 3365.10, 3365.11, and 3365.15 and sections 107.35, 175
164.261, 190.01, 190.02, 190.03, 190.04, 321.50, 939.01, 939.02, 176
939.03, 939.05, 939.06, 939.07, 939.08, 939.09, 939.10, 939.11, 177
1509.051, 1511.023, 1511.09, 2915.062, 3123.90, 3313.902, 178
3317.162, 3333.0413, 3333.164, 3333.171, 3333.33, 3333.44, 179
3333.90, 3333.91, 3345.42, 3345.43, 3345.44, 3345.46, 3365.071, 180
3365.13, 3721.122, 3772.14, 4121.443, 4121.447, 4758.48, 4758.62, 181
4758.63, 4758.64, 4909.157, 5122.36, 5123.0420, 5139.12, 5139.45, 182
5736.50, 5749.031, 5903.01, 5903.04, and 5903.05 of the Revised 183
Code be enacted to read as follows:184

       Sec. 7.10.  For the publication of advertisements, notices, 185
and proclamations, except those relating to proposed amendments to 186
the Ohio Constitution, required to be published by a public 187
officer of the state, a benevolent or other public institution, a 188
trustee, assignee, executor, or administrator, or by or in any 189
court of record, except when the rate is otherwise fixed by law, 190
publishers of newspapers may charge and receive for such 191
advertisements, notices, and proclamations rates charged on annual 192
contracts by them for a like amount of space to other advertisers 193
who advertise in its general display advertising columns.194

       For the publication of advertisements, notices, or 195
proclamations required to be published by a public officer of a 196
county, municipal corporation, township, school, or other 197
political subdivision, publishers of newspapers shall establish a 198
government rate, which shall include free publication of 199
advertisements, notices, or proclamations on the newspaper's 200
internet web site, if the newspaper has one. The government rate 201
shall not exceed the lowest classified advertising rate and lowest 202
insert rate paid by other advertisers.203

        Legal advertising appearing in print, except that relating to 204
proposed amendments to the Ohio Constitution, shall be set up in a 205
compact form, without unnecessary spaces, blanks, or headlines, 206
and printed in not smaller than six-point type. The type used must 207
be of such proportions that the body of the capital letter M is no 208
wider than it is high and all other letters and characters are in 209
proportion.210

       Except as provided in section 2701.09 of the Revised Code, 211
all legal advertisements or, notices, or proclamations shall be 212
printed in a newspaper of general circulation and shall be posted 213
by the newspaper publisher on the newspaper's internet web site, 214
if the newspaper has one. Publishers of newspapers may not charge 215
for posting advertisements, notices, and proclamations on the 216
newspaper's internet web site, if the newspaper has one.217

       Sec. 7.16. (A) As used in this section:218

       (1) "State agency" means any organized body, office, agency, 219
institution, or other entity established by the laws of the state 220
for the exercise of any function of state government, including 221
state institutions of higher education, as defined in section 222
3345.011 of the Revised Code.223

       (2) "Political subdivision" has the meaning defined in 224
section 2744.01 of the Revised Code.225

       (B) If a section of the Revised Code or an administrative 226
rule requires a state agency or a political subdivision to publish 227
a notice or advertisement two or more times in a newspaper of 228
general circulation and the section or administrative rule refers 229
to this section, the first publication of the notice or 230
advertisement shall be made in its entirety in a newspaper of 231
general circulation and may be made in a preprinted insert in the 232
newspaper, but the second publication otherwise required by that 233
section or administrative rule may be made in abbreviated form in 234
a newspaper of general circulation in the state or in the 235
political subdivision, as designated in that section or 236
administrative rule, and on the newspaper's internet web site, if 237
the newspaper has one. The state agency or political subdivision 238
may eliminate any further newspaper publications required by that 239
section or administrative rule, provided that the second, 240
abbreviated notice or advertisement meets all of the following 241
requirements:242

       (1) It is published in the newspaper of general circulation 243
in which the first publication of the notice or advertisement was 244
made and is published on that newspaper's internet web site, if 245
the newspaper has one.246

       (2) It is published on the stateofficial public notice web 247
site established under section 125.182 of the Revised Code. The 248
publisher of the newspaper shall post the notice or advertisement 249
on the official public notice web site at no additional cost.250

       (3) It includes a title, followed by a summary paragraph or 251
statement that clearly describes the specific purpose of the 252
notice or advertisement, and includes a statement that the notice 253
or advertisement is posted in its entirety on the stateofficial254
public notice web site. The notice or advertisement also may be 255
posted on the state agency's or political subdivision's internet 256
web site.257

       (4) It includes the internet addressesaddress of the state258
official public notice web site, and of the newspaper's and state 259
agency's or political subdivision's internet web site if the 260
notice or advertisement is posted on those web sites, and the 261
name, address, telephone number, and electronic mail address of 262
the state agency, political subdivision, or other party 263
responsible for publication of the notice or advertisement.264

       (C) A notice or advertisement published under this section on 265
an internet web site shall be published in its entirety in 266
accordance with the section of the Revised Code or the 267
administrative rule that requires the publication.268

        (D) If the stateofficial public notice web site established 269
under section 125.182 of the Revised Code is not operational, the 270
state agency or political subdivision shall not publish a notice 271
or advertisement under this section, but instead shall comply with 272
the publication requirements of the section of the Revised Code or 273
the administrative rule that refers to this section.274

       Sec. 9.482. (A) As used in this section, "political:275

       (1) "Political subdivision" has the meaning defined in 276
section 2744.01 of the Revised Code.277

       (2) "State agency" means any organized body, office, agency, 278
institution, or other entity established by the laws of the state 279
for the exercise of any function of state government. The term 280
includes a state institution of higher education as defined in 281
section 3345.011 of the Revised Code.282

       (B)(1) When legally authorized by their respective 283
legislative authoritiesto do so, a political subdivision may 284
enter into an agreement with another political subdivision or a 285
state agency whereby athe contracting political subdivision or 286
state agency agrees to exercise any power, perform any function, 287
or render any service for anotherthe contracting recipient 288
political subdivision that the contracting recipient political 289
subdivision is otherwise legally authorized to exercise, perform, 290
or render.291

       In(2) When legally authorized to do so, a state agency may 292
enter into an agreement with a political subdivision whereby the 293
contracting political subdivision agrees to exercise any power, 294
perform any function, or render any service for the contracting 295
recipient state agency that the contracting recipient state agency 296
is otherwise legally authorized to exercise, perform, or render.297

       (C) In the absence in the agreement of provisions determining 298
by what officer, office, department, agency, or other authority 299
the powers and duties of a contracting political subdivision shall 300
be exercised or performed, the legislative authority of the 301
contracting political subdivision shall determine and assign the 302
powers and duties.303

        An agreement shall not suspend the possession by a 304
contracting recipient political subdivision or state agency of any 305
power or function that is exercised or performed on its behalf by 306
anotherthe other contracting political subdivision or the 307
contracting state agency under the agreement.308

       A political subdivision shall not enter into an agreement to 309
levy any tax or to exercise, with regard to public moneys, any 310
investment powers, perform any investment function, or render any 311
investment service on behalf of a contracting subdivision. Nothing 312
in this paragraph prohibits a political subdivision from entering 313
into an agreement to collect, administer, or enforce any tax on 314
behalf of another political subdivision or to limit the authority 315
of political subdivisions to create and operate joint economic 316
development zones or joint economic development districts as 317
provided in sections 715.69 to 715.83 of the Revised Code.318

       (C)(D) No county elected officer may be required to exercise 319
any power, perform any function, or render any service under an 320
agreement entered into under this section without the written 321
consent of the county elected officer. No county may enter into an 322
agreement under this section for the exercise, performance, or 323
rendering of any statutory powers, functions, or services of any 324
county elected officer without the written consent of the county 325
elected officer.326

       (D)(E) No power shall be exercised, no function shall be 327
performed, and no service shall be rendered by a contracting 328
political subdivision or state agency pursuant to an agreement 329
entered into under this section within a political subdivision 330
that is not a party to the agreement, without first obtaining the 331
written consent of the political subdivision that is not a party 332
to the agreement and within which the power is to be exercised, a 333
function is to be performed, or a service is to be rendered.334

       (E)(F) Chapter 2744. of the Revised Code, insofar as it 335
applies to the operation of a political subdivision, applies to 336
the political subdivisions that are parties to an agreement and to 337
their employees when they are rendering a service outside the 338
boundaries of their employing political subdivision under the 339
agreement. Employees acting outside the boundaries of their 340
employing political subdivision while providing a service under an 341
agreement may participate in any pension or indemnity fund 342
established by the political subdivision to the same extent as 343
while they are acting within the boundaries of the political 344
subdivision, and are entitled to all the rights and benefits of 345
Chapter 4123. of the Revised Code to the same extent as while they 346
are performing a service within the boundaries of the political 347
subdivision.348

       Sec. 107.35.  Not later than December 31, 2014, the 349
governor's office of workforce transformation, with staff support 350
and assistance from the departments of job and family services and 351
education and the Ohio board of regents, shall establish criteria 352
to use for evaluating the performance of state and local workforce 353
programs using basic, aligned workforce measures related to system 354
efficiency and effectiveness. The office shall develop and make 355
available on the internet through a web site a public dashboard to 356
display metrics regarding the state's administration of primary 357
workforce programs, including the following programs:358

       (A) The adult basic and literacy education program;359

       (B) Programs administered under the federal "Carl D. Perkins 360
Career and Technical Education Act of 2006," 120 Stat. 683, 20 361
U.S.C. 2301 et seq., as amended;362

       (C) State aid and scholarships within the Ohio board of 363
regents;364

       (D) Programs administered under title I of the federal 365
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801 366
et seq., as amended.367

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 368
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 369
a completed form prescribed pursuant to division (C)(1) of this 370
section, and a set of fingerprint impressions obtained in the 371
manner described in division (C)(2) of this section, the 372
superintendent of the bureau of criminal identification and 373
investigation shall conduct a criminal records check in the manner 374
described in division (B) of this section to determine whether any 375
information exists that indicates that the person who is the 376
subject of the request previously has been convicted of or pleaded 377
guilty to any of the following:378

       (a) A violation of section 2903.01, 2903.02, 2903.03, 379
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 380
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 381
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 382
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 383
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 384
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 385
2925.06, or 3716.11 of the Revised Code, felonious sexual 386
penetration in violation of former section 2907.12 of the Revised 387
Code, a violation of section 2905.04 of the Revised Code as it 388
existed prior to July 1, 1996, a violation of section 2919.23 of 389
the Revised Code that would have been a violation of section 390
2905.04 of the Revised Code as it existed prior to July 1, 1996, 391
had the violation been committed prior to that date, or a 392
violation of section 2925.11 of the Revised Code that is not a 393
minor drug possession offense;394

       (b) A violation of an existing or former law of this state, 395
any other state, or the United States that is substantially 396
equivalent to any of the offenses listed in division (A)(1)(a) of 397
this section;398

       (c) If the request is made pursuant to section 3319.39 of the 399
Revised Code for an applicant who is a teacher, any offense 400
specified in section 3319.31 of the Revised Code.401

       (2) On receipt of a request pursuant to section 3712.09 or 402
3721.121 of the Revised Code, a completed form prescribed pursuant 403
to division (C)(1) of this section, and a set of fingerprint 404
impressions obtained in the manner described in division (C)(2) of 405
this section, the superintendent of the bureau of criminal 406
identification and investigation shall conduct a criminal records 407
check with respect to any person who has applied for employment in 408
a position for which a criminal records check is required by those 409
sections. The superintendent shall conduct the criminal records 410
check in the manner described in division (B) of this section to 411
determine whether any information exists that indicates that the 412
person who is the subject of the request previously has been 413
convicted of or pleaded guilty to any of the following:414

       (a) A violation of section 2903.01, 2903.02, 2903.03, 415
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 416
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 417
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 418
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 419
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 420
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 421
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 422
2925.22, 2925.23, or 3716.11 of the Revised Code;423

       (b) An existing or former law of this state, any other state, 424
or the United States that is substantially equivalent to any of 425
the offenses listed in division (A)(2)(a) of this section.426

       (3) On receipt of a request pursuant to section 173.27, 427
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or 428
5123.169 of the Revised Code, a completed form prescribed pursuant 429
to division (C)(1) of this section, and a set of fingerprint 430
impressions obtained in the manner described in division (C)(2) of 431
this section, the superintendent of the bureau of criminal 432
identification and investigation shall conduct a criminal records 433
check of the person for whom the request is made. The 434
superintendent shall conduct the criminal records check in the 435
manner described in division (B) of this section to determine 436
whether any information exists that indicates that the person who 437
is the subject of the request previously has been convicted of, 438
hasor pleaded guilty to, or (except in the case of a request 439
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 440
Code) has been found eligible for intervention in lieu of 441
conviction for any of the following, regardless of the date of the 442
conviction, the dateor of the entry of the guilty plea, or 443
(except in the case of a request pursuant to section 5164.34, 444
5164.341, or 5164.342 of the Revised Code) the date the person was 445
found eligible for intervention in lieu of conviction:446

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 447
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 448
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 449
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 450
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 451
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 452
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 453
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 454
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 455
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 456
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 457
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 458
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 459
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 460
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 461
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 462
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 463
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 464
2927.12, or 3716.11 of the Revised Code;465

       (b) Felonious sexual penetration in violation of former 466
section 2907.12 of the Revised Code;467

       (c) A violation of section 2905.04 of the Revised Code as it 468
existed prior to July 1, 1996;469

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 470
the Revised Code when the underlying offense that is the object of 471
the conspiracy, attempt, or complicity is one of the offenses 472
listed in divisions (A)(3)(a) to (c) of this section;473

       (e) A violation of an existing or former municipal ordinance 474
or law of this state, any other state, or the United States that 475
is substantially equivalent to any of the offenses listed in 476
divisions (A)(3)(a) to (d) of this section.477

       (4) On receipt of a request pursuant to section 2151.86 of 478
the Revised Code, a completed form prescribed pursuant to division 479
(C)(1) of this section, and a set of fingerprint impressions 480
obtained in the manner described in division (C)(2) of this 481
section, the superintendent of the bureau of criminal 482
identification and investigation shall conduct a criminal records 483
check in the manner described in division (B) of this section to 484
determine whether any information exists that indicates that the 485
person who is the subject of the request previously has been 486
convicted of or pleaded guilty to any of the following:487

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 488
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 489
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 490
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 491
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 492
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 493
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 494
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 495
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 496
of the Revised Code, a violation of section 2905.04 of the Revised 497
Code as it existed prior to July 1, 1996, a violation of section 498
2919.23 of the Revised Code that would have been a violation of 499
section 2905.04 of the Revised Code as it existed prior to July 1, 500
1996, had the violation been committed prior to that date, a 501
violation of section 2925.11 of the Revised Code that is not a 502
minor drug possession offense, two or more OVI or OVUAC violations 503
committed within the three years immediately preceding the 504
submission of the application or petition that is the basis of the 505
request, or felonious sexual penetration in violation of former 506
section 2907.12 of the Revised Code;507

       (b) A violation of an existing or former law of this state, 508
any other state, or the United States that is substantially 509
equivalent to any of the offenses listed in division (A)(4)(a) of 510
this section.511

       (5) Upon receipt of a request pursuant to section 5104.012 or 512
5104.013 of the Revised Code, a completed form prescribed pursuant 513
to division (C)(1) of this section, and a set of fingerprint 514
impressions obtained in the manner described in division (C)(2) of 515
this section, the superintendent of the bureau of criminal 516
identification and investigation shall conduct a criminal records 517
check in the manner described in division (B) of this section to 518
determine whether any information exists that indicates that the 519
person who is the subject of the request has been convicted of or 520
pleaded guilty to any of the following:521

       (a) A violation of section 2903.01, 2903.02, 2903.03, 522
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 523
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 524
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 525
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 526
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 527
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 528
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 529
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 530
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 531
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 532
3716.11 of the Revised Code, felonious sexual penetration in 533
violation of former section 2907.12 of the Revised Code, a 534
violation of section 2905.04 of the Revised Code as it existed 535
prior to July 1, 1996, a violation of section 2919.23 of the 536
Revised Code that would have been a violation of section 2905.04 537
of the Revised Code as it existed prior to July 1, 1996, had the 538
violation been committed prior to that date, a violation of 539
section 2925.11 of the Revised Code that is not a minor drug 540
possession offense, a violation of section 2923.02 or 2923.03 of 541
the Revised Code that relates to a crime specified in this 542
division, or a second violation of section 4511.19 of the Revised 543
Code within five years of the date of application for licensure or 544
certification.545

       (b) A violation of an existing or former law of this state, 546
any other state, or the United States that is substantially 547
equivalent to any of the offenses or violations described in 548
division (A)(5)(a) of this section.549

       (6) Upon receipt of a request pursuant to section 5153.111 of 550
the Revised Code, a completed form prescribed pursuant to division 551
(C)(1) of this section, and a set of fingerprint impressions 552
obtained in the manner described in division (C)(2) of this 553
section, the superintendent of the bureau of criminal 554
identification and investigation shall conduct a criminal records 555
check in the manner described in division (B) of this section to 556
determine whether any information exists that indicates that the 557
person who is the subject of the request previously has been 558
convicted of or pleaded guilty to any of the following:559

       (a) A violation of section 2903.01, 2903.02, 2903.03, 560
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 561
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 562
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 563
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 564
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 565
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 566
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 567
felonious sexual penetration in violation of former section 568
2907.12 of the Revised Code, a violation of section 2905.04 of the 569
Revised Code as it existed prior to July 1, 1996, a violation of 570
section 2919.23 of the Revised Code that would have been a 571
violation of section 2905.04 of the Revised Code as it existed 572
prior to July 1, 1996, had the violation been committed prior to 573
that date, or a violation of section 2925.11 of the Revised Code 574
that is not a minor drug possession offense;575

       (b) A violation of an existing or former law of this state, 576
any other state, or the United States that is substantially 577
equivalent to any of the offenses listed in division (A)(6)(a) of 578
this section.579

       (7) On receipt of a request for a criminal records check from 580
an individual pursuant to section 4749.03 or 4749.06 of the 581
Revised Code, accompanied by a completed copy of the form 582
prescribed in division (C)(1) of this section and a set of 583
fingerprint impressions obtained in a manner described in division 584
(C)(2) of this section, the superintendent of the bureau of 585
criminal identification and investigation shall conduct a criminal 586
records check in the manner described in division (B) of this 587
section to determine whether any information exists indicating 588
that the person who is the subject of the request has been 589
convicted of or pleaded guilty to a felony in this state or in any 590
other state. If the individual indicates that a firearm will be 591
carried in the course of business, the superintendent shall 592
require information from the federal bureau of investigation as 593
described in division (B)(2) of this section. Subject to division 594
(F) of this section, the superintendent shall report the findings 595
of the criminal records check and any information the federal 596
bureau of investigation provides to the director of public safety.597

       (8) On receipt of a request pursuant to section 1321.37, 598
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 599
Code, a completed form prescribed pursuant to division (C)(1) of 600
this section, and a set of fingerprint impressions obtained in the 601
manner described in division (C)(2) of this section, the 602
superintendent of the bureau of criminal identification and 603
investigation shall conduct a criminal records check with respect 604
to any person who has applied for a license, permit, or 605
certification from the department of commerce or a division in the 606
department. The superintendent shall conduct the criminal records 607
check in the manner described in division (B) of this section to 608
determine whether any information exists that indicates that the 609
person who is the subject of the request previously has been 610
convicted of or pleaded guilty to any of the following: a 611
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 612
2925.03 of the Revised Code; any other criminal offense involving 613
theft, receiving stolen property, embezzlement, forgery, fraud, 614
passing bad checks, money laundering, or drug trafficking, or any 615
criminal offense involving money or securities, as set forth in 616
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 617
the Revised Code; or any existing or former law of this state, any 618
other state, or the United States that is substantially equivalent 619
to those offenses.620

       (9) On receipt of a request for a criminal records check from 621
the treasurer of state under section 113.041 of the Revised Code 622
or from an individual under section 4701.08, 4715.101, 4717.061, 623
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 624
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 625
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 626
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 627
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 628
accompanied by a completed form prescribed under division (C)(1) 629
of this section and a set of fingerprint impressions obtained in 630
the manner described in division (C)(2) of this section, the 631
superintendent of the bureau of criminal identification and 632
investigation shall conduct a criminal records check in the manner 633
described in division (B) of this section to determine whether any 634
information exists that indicates that the person who is the 635
subject of the request has been convicted of or pleaded guilty to 636
any criminal offense in this state or any other state. Subject to 637
division (F) of this section, the superintendent shall send the 638
results of a check requested under section 113.041 of the Revised 639
Code to the treasurer of state and shall send the results of a 640
check requested under any of the other listed sections to the 641
licensing board specified by the individual in the request.642

       (10) On receipt of a request pursuant to section 1121.23, 643
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 644
Code, a completed form prescribed pursuant to division (C)(1) of 645
this section, and a set of fingerprint impressions obtained in the 646
manner described in division (C)(2) of this section, the 647
superintendent of the bureau of criminal identification and 648
investigation shall conduct a criminal records check in the manner 649
described in division (B) of this section to determine whether any 650
information exists that indicates that the person who is the 651
subject of the request previously has been convicted of or pleaded 652
guilty to any criminal offense under any existing or former law of 653
this state, any other state, or the United States.654

       (11) On receipt of a request for a criminal records check 655
from an appointing or licensing authority under section 3772.07 of 656
the Revised Code, a completed form prescribed under division 657
(C)(1) of this section, and a set of fingerprint impressions 658
obtained in the manner prescribed in division (C)(2) of this 659
section, the superintendent of the bureau of criminal 660
identification and investigation shall conduct a criminal records 661
check in the manner described in division (B) of this section to 662
determine whether any information exists that indicates that the 663
person who is the subject of the request previously has been 664
convicted of or pleaded guilty or no contest to any offense under 665
any existing or former law of this state, any other state, or the 666
United States that is a disqualifying offense as defined in 667
section 3772.07 of the Revised Code or substantially equivalent to 668
such an offense.669

       (12) On receipt of a request pursuant to section 2151.33 or 670
2151.412 of the Revised Code, a completed form prescribed pursuant 671
to division (C)(1) of this section, and a set of fingerprint 672
impressions obtained in the manner described in division (C)(2) of 673
this section, the superintendent of the bureau of criminal 674
identification and investigation shall conduct a criminal records 675
check with respect to any person for whom a criminal records check 676
is required by that section. The superintendent shall conduct the 677
criminal records check in the manner described in division (B) of 678
this section to determine whether any information exists that 679
indicates that the person who is the subject of the request 680
previously has been convicted of or pleaded guilty to any of the 681
following:682

       (a) A violation of section 2903.01, 2903.02, 2903.03, 683
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 684
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 685
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 686
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 687
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 688
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 689
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 690
2925.22, 2925.23, or 3716.11 of the Revised Code;691

       (b) An existing or former law of this state, any other state, 692
or the United States that is substantially equivalent to any of 693
the offenses listed in division (A)(12)(a) of this section.694

       (B) Subject to division (F) of this section, the 695
superintendent shall conduct any criminal records check to be 696
conducted under this section as follows:697

       (1) The superintendent shall review or cause to be reviewed 698
any relevant information gathered and compiled by the bureau under 699
division (A) of section 109.57 of the Revised Code that relates to 700
the person who is the subject of the criminal records check, 701
including, if the criminal records check was requested under 702
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, 703
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 704
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 705
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 706
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 707
5153.111 of the Revised Code, any relevant information contained 708
in records that have been sealed under section 2953.32 of the 709
Revised Code;710

       (2) If the request received by the superintendent asks for 711
information from the federal bureau of investigation, the 712
superintendent shall request from the federal bureau of 713
investigation any information it has with respect to the person 714
who is the subject of the criminal records check, including 715
fingerprint-based checks of national crime information databases 716
as described in 42 U.S.C. 671 if the request is made pursuant to 717
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 718
any other Revised Code section requires fingerprint-based checks 719
of that nature, and shall review or cause to be reviewed any 720
information the superintendent receives from that bureau. If a 721
request under section 3319.39 of the Revised Code asks only for 722
information from the federal bureau of investigation, the 723
superintendent shall not conduct the review prescribed by division 724
(B)(1) of this section.725

        (3) The superintendent or the superintendent's designee may 726
request criminal history records from other states or the federal 727
government pursuant to the national crime prevention and privacy 728
compact set forth in section 109.571 of the Revised Code.729

       (4) The superintendent shall include in the results of the 730
criminal records check a list or description of the offenses 731
listed or described in division (A)(1), (2), (3), (4), (5), (6), 732
(7), (8), (9), (10), (11), or (12) of this section, whichever 733
division requires the superintendent to conduct the criminal 734
records check. The superintendent shall exclude from the results 735
any information the dissemination of which is prohibited by 736
federal law.737

       (5) The superintendent shall send the results of the criminal 738
records check to the person to whom it is to be sent not later 739
than the following number of days after the date the 740
superintendent receives the request for the criminal records 741
check, the completed form prescribed under division (C)(1) of this 742
section, and the set of fingerprint impressions obtained in the 743
manner described in division (C)(2) of this section:744

       (a) If the superintendent is required by division (A) of this 745
section (other than division (A)(3) of this section) to conduct 746
the criminal records check, thirty;747

       (b) If the superintendent is required by division (A)(3) of 748
this section to conduct the criminal records check, sixty.749

       (C)(1) The superintendent shall prescribe a form to obtain 750
the information necessary to conduct a criminal records check from 751
any person for whom a criminal records check is to be conducted 752
under this section. The form that the superintendent prescribes 753
pursuant to this division may be in a tangible format, in an 754
electronic format, or in both tangible and electronic formats.755

       (2) The superintendent shall prescribe standard impression 756
sheets to obtain the fingerprint impressions of any person for 757
whom a criminal records check is to be conducted under this 758
section. Any person for whom a records check is to be conducted 759
under this section shall obtain the fingerprint impressions at a 760
county sheriff's office, municipal police department, or any other 761
entity with the ability to make fingerprint impressions on the 762
standard impression sheets prescribed by the superintendent. The 763
office, department, or entity may charge the person a reasonable 764
fee for making the impressions. The standard impression sheets the 765
superintendent prescribes pursuant to this division may be in a 766
tangible format, in an electronic format, or in both tangible and 767
electronic formats.768

       (3) Subject to division (D) of this section, the 769
superintendent shall prescribe and charge a reasonable fee for 770
providing a criminal records check under this section. The person 771
requesting the criminal records check shall pay the fee prescribed 772
pursuant to this division. In the case of a request under section 773
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 774
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 775
the manner specified in that section.776

       (4) The superintendent of the bureau of criminal 777
identification and investigation may prescribe methods of 778
forwarding fingerprint impressions and information necessary to 779
conduct a criminal records check, which methods shall include, but 780
not be limited to, an electronic method.781

       (D) The results of a criminal records check conducted under 782
this section, other than a criminal records check specified in 783
division (A)(7) of this section, are valid for the person who is 784
the subject of the criminal records check for a period of one year 785
from the date upon which the superintendent completes the criminal 786
records check. If during that period the superintendent receives 787
another request for a criminal records check to be conducted under 788
this section for that person, the superintendent shall provide the 789
results from the previous criminal records check of the person at 790
a lower fee than the fee prescribed for the initial criminal 791
records check.792

       (E) When the superintendent receives a request for 793
information from a registered private provider, the superintendent 794
shall proceed as if the request was received from a school 795
district board of education under section 3319.39 of the Revised 796
Code. The superintendent shall apply division (A)(1)(c) of this 797
section to any such request for an applicant who is a teacher.798

       (F)(1) All information regarding the results of a criminal 799
records check conducted under this section that the superintendent 800
reports or sends under division (A)(7) or (9) of this section to 801
the director of public safety, the treasurer of state, or the 802
person, board, or entity that made the request for the criminal 803
records check shall relate to the conviction of the subject 804
person, or the subject person's plea of guilty to, a criminal 805
offense.806

       (2) Division (F)(1) of this section does not limit, restrict, 807
or preclude the superintendent's release of information that 808
relates to an adjudication of a child as a delinquent child, or 809
that relates to a criminal conviction of a person under eighteen 810
years of age if the person's case was transferred back to a 811
juvenile court under division (B)(2) or (3) of section 2152.121 of 812
the Revised Code and the juvenile court imposed a disposition or 813
serious youthful offender disposition upon the person under either 814
division, if either of the following applies with respect to the 815
adjudication or conviction:816

       (a) The adjudication or conviction was for a violation of 817
section 2903.01 or 2903.02 of the Revised Code.818

       (b) The adjudication or conviction was for a sexually 819
oriented offense, as defined in section 2950.01 of the Revised 820
Code, the juvenile court was required to classify the child a 821
juvenile offender registrant for that offense under section 822
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 823
classification has not been removed.824

       (G) As used in this section:825

       (1) "Criminal records check" means any criminal records check 826
conducted by the superintendent of the bureau of criminal 827
identification and investigation in accordance with division (B) 828
of this section.829

       (2) "Minor drug possession offense" has the same meaning as 830
in section 2925.01 of the Revised Code.831

       (3) "OVI or OVUAC violation" means a violation of section 832
4511.19 of the Revised Code or a violation of an existing or 833
former law of this state, any other state, or the United States 834
that is substantially equivalent to section 4511.19 of the Revised 835
Code.836

       (4) "Registered private provider" means a nonpublic school or 837
entity registered with the superintendent of public instruction 838
under section 3310.41 of the Revised Code to participate in the 839
autism scholarship program or section 3310.58 of the Revised Code 840
to participate in the Jon Peterson special needs scholarship 841
program.842

       Sec. 109.5721. (A) As used in this section:843

       (1) "Employment" includes volunteer service.844

       (2) "Licensure" means the authorization, evidenced by a 845
license, certificate, registration, permit, or other authority 846
that is issued or conferred by a public office, to engage in a 847
profession, occupation, or occupational activity, to be a foster 848
caregiver, or to have control of and operate certain specific 849
equipment, machinery, or premises over which a public office has 850
jurisdiction.851

       (3) "Participating public office" means a public office that 852
requires a fingerprint background check as a condition of 853
employment with, licensure by, or approval for adoption by the 854
public office and that elects to receive notice under division (C) 855
of this section in accordance with rules adopted by the attorney 856
general.857

       (4) "Public office" has the same meaning as in section 117.01 858
of the Revised Code.859

       (5) "Participating private party" means any person or private 860
entity that is allowed to request a criminal records check 861
pursuant to divisions (A)(2) or (3) of section 109.572 of the 862
Revised Code.863

       (B) Within six months after August 15, 2007, the 864
superintendent of the bureau of criminal identification and 865
investigation shall establish and maintain a database of 866
fingerprints of individuals on whom the bureau has conducted 867
criminal records checks for the purpose of determining eligibility 868
for employment with, licensure by, or approval for adoption by a 869
public office or participating private party. The superintendent 870
shall maintain the database separate and apart from other records 871
maintained by the bureau. The database shall be known as the 872
retained applicant fingerprint database.873

       (C) When the superintendent receives information that an 874
individual whose name is in the retained applicant fingerprint 875
database has been arrested for, convicted of, or pleaded guilty to 876
any offense, the superintendent shall promptly notify any 877
participating public office or participating private party that 878
employs, licensed, or approved the individual of the arrest, 879
conviction, or guilty plea. The public office or participating 880
private party that receives the notification and its employees and 881
officers shall use the information contained in the notification 882
solely to determine the individual's eligibility for continued 883
employment with the public office or participating private party, 884
to retain licensure issued by the public office, or to be approved 885
for adoption by the public office. The public office or 886
participating private party and its employees and officers shall 887
not disclose that information to any person for any other purpose.888

       (D) If an individual has submitted fingerprint impressions 889
for employment with, licensure by, or approval for adoption by a 890
participating public office or participating private party and 891
seeks employment with, licensure by, or approval for adoption by 892
another participating public office or participating private 893
party, the other public office or participating private party894
shall reprint the individual. If an individual has been reprinted, 895
the superintendent shall update that individual's information 896
accordingly.897

       (E) The bureau of criminal identification and investigation 898
and the participating public office or participating private party899
shall use information contained in the retained applicant 900
fingerprint database and in the notice described in division (C) 901
of this section for the purpose of employment with, licensure by, 902
or approval for adoption by the participating public office or 903
participating private party. This information is otherwise 904
confidential and not a public record under section 149.43 of the 905
Revised Code.906

       (F) The attorney general shall adopt rules in accordance with 907
Chapter 119. of the Revised Code governing the operation and 908
maintenance of the database. The rules shall provide for, but not 909
be limited to, both of the following:910

       (1) The expungement or sealing of records of individuals who 911
are deceased or who are no longer employed, granted licensure, or 912
approved for adoption by the public office or participating 913
private party that required submission of the individual's 914
fingerprints;915

       (2) The terms under which a public office or participating 916
private party may elect to receive notification under division (C) 917
of this section, including payment of any reasonable fee that may 918
be charged for the purpose.919

       (G) No public office or employee of a public office shall be 920
considered negligent in a civil action solely because the public 921
office did not elect to be a participating public office.922

       (H)(1) No person shall knowingly use information contained in 923
or received from the retained applicant fingerprint database for 924
purposes not authorized by this section.925

       (2) No person shall knowingly use information contained in or 926
received from the retained applicant fingerprint database with the 927
intent to harass or intimidate another person.928

       (3) Whoever violates division (H)(1) or (H)(2) of this 929
section is guilty of unlawful use of retained applicant 930
fingerprint database records. A violation of division (H)(1) of 931
this section is a misdemeanor of the fourth degree. A violation of 932
division (H)(2) of this section is a misdemeanor of the first 933
degree.934

       Sec. 111.15.  (A) As used in this section:935

       (1) "Rule" includes any rule, regulation, bylaw, or standard 936
having a general and uniform operation adopted by an agency under 937
the authority of the laws governing the agency; any appendix to a 938
rule; and any internal management rule. "Rule" does not include 939
any guideline adopted pursuant to section 3301.0714 of the Revised 940
Code, any order respecting the duties of employees, any finding, 941
any determination of a question of law or fact in a matter 942
presented to an agency, or any rule promulgated pursuant to 943
Chapter 119., section 4141.14, division (C)(1) or (2) of section 944
5117.02, or section 5703.14 of the Revised Code. "Rule" includes 945
any amendment or rescission of a rule.946

       (2) "Agency" means any governmental entity of the state and 947
includes, but is not limited to, any board, department, division, 948
commission, bureau, society, council, institution, state college 949
or university, community college district, technical college 950
district, or state community college. "Agency" does not include 951
the general assembly, the controlling board, the adjutant 952
general's department, or any court.953

       (3) "Internal management rule" means any rule, regulation, 954
bylaw, or standard governing the day-to-day staff procedures and 955
operations within an agency.956

       (4) "Substantive revision" has the same meaning as in 957
division (J) of section 119.01 of the Revised Code.958

       (B)(1) Any rule, other than a rule of an emergency nature, 959
adopted by any agency pursuant to this section shall be effective 960
on the tenth day after the day on which the rule in final form and 961
in compliance with division (B)(3) of this section is filed as 962
follows:963

       (a) The rule shall be filed in electronic form with both the 964
secretary of state and the director of the legislative service 965
commission;966

       (b) The rule shall be filed in electronic form with the joint 967
committee on agency rule review. Division (B)(1)(b) of this 968
section does not apply to any rule to which division (D) of this 969
section does not apply.970

       An agency that adopts or amends a rule that is subject to 971
division (D) of this section shall assign a review date to the 972
rule that is not later than five years after its effective date. 973
If no review date is assigned to a rule, or if a review date 974
assigned to a rule exceeds the five-year maximum, the review date 975
for the rule is five years after its effective date. A rule with a 976
review date is subject to review under section 119.032 of the 977
Revised Code. This paragraph does not apply to a rule of a state 978
college or university, community college district, technical 979
college district, or state community college.980

       If all filings are not completed on the same day, the rule 981
shall be effective on the tenth day after the day on which the 982
latest filing is completed. If an agency in adopting a rule 983
designates an effective date that is later than the effective date 984
provided for by division (B)(1) of this section, the rule if filed 985
as required by such division shall become effective on the later 986
date designated by the agency.987

       Any rule that is required to be filed under division (B)(1) 988
of this section is also subject to division (D) of this section if 989
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or 990
(8) of this section.991

       If a rule incorporates a text or other material by reference, 992
the agency shall comply with sections 121.71 to 121.76 of the 993
Revised Code.994

       (2) A rule of an emergency nature necessary for the immediate 995
preservation of the public peace, health, or safety shall state 996
the reasons for the necessity. The emergency rule, in final form 997
and in compliance with division (B)(3) of this section, shall be 998
filed in electronic form with the secretary of state, the director 999
of the legislative service commission, and the joint committee on 1000
agency rule review. The emergency rule is effective immediately 1001
upon completion of the latest filing, except that if the agency in 1002
adopting the emergency rule designates an effective date, or date 1003
and time of day, that is later than the effective date and time 1004
provided for by division (B)(2) of this section, the emergency 1005
rule if filed as required by such division shall become effective 1006
at the later date, or later date and time of day, designated by 1007
the agency.1008

       An emergency rule becomes invalid at the end of the ninetieth1009
one hundred twentieth day it is in effect. Prior to that date, the 1010
agency may file the emergency rule as a nonemergency rule in 1011
compliance with division (B)(1) of this section. The agency may 1012
not refile the emergency rule in compliance with division (B)(2) 1013
of this section so that, upon the emergency rule becoming invalid 1014
under such division, the emergency rule will continue in effect 1015
without interruption for another ninety-dayone hundred twenty-day1016
period.1017

       (3) An agency shall file a rule under division (B)(1) or (2) 1018
of this section in compliance with the following standards and 1019
procedures:1020

       (a) The rule shall be numbered in accordance with the 1021
numbering system devised by the director for the Ohio 1022
administrative code.1023

       (b) The rule shall be prepared and submitted in compliance 1024
with the rules of the legislative service commission.1025

       (c) The rule shall clearly state the date on which it is to 1026
be effective and the date on which it will expire, if known.1027

       (d) Each rule that amends or rescinds another rule shall 1028
clearly refer to the rule that is amended or rescinded. Each 1029
amendment shall fully restate the rule as amended.1030

       If the director of the legislative service commission or the 1031
director's designee gives an agency notice pursuant to section 1032
103.05 of the Revised Code that a rule filed by the agency is not 1033
in compliance with the rules of the legislative service 1034
commission, the agency shall within thirty days after receipt of 1035
the notice conform the rule to the rules of the commission as 1036
directed in the notice.1037

       (C) All rules filed pursuant to divisions (B)(1)(a) and (2) 1038
of this section shall be recorded by the secretary of state and 1039
the director under the title of the agency adopting the rule and 1040
shall be numbered according to the numbering system devised by the 1041
director. The secretary of state and the director shall preserve 1042
the rules in an accessible manner. Each such rule shall be a 1043
public record open to public inspection and may be transmitted to 1044
any law publishing company that wishes to reproduce it.1045

       (D) At least sixty-five days before a board, commission, 1046
department, division, or bureau of the government of the state 1047
files a rule under division (B)(1) of this section, it shall file 1048
the full text of the proposed rule in electronic form with the 1049
joint committee on agency rule review, and the proposed rule is 1050
subject to legislative review and invalidation under division (I) 1051
of section 119.03 of the Revised Code. If a state board, 1052
commission, department, division, or bureau makes a substantive 1053
revision in a proposed rule after it is filed with the joint 1054
committee, the state board, commission, department, division, or 1055
bureau shall promptly file the full text of the proposed rule in 1056
its revised form in electronic form with the joint committee. The 1057
latest version of a proposed rule as filed with the joint 1058
committee supersedes each earlier version of the text of the same 1059
proposed rule. A state board, commission, department, division, or 1060
bureau shall also file the rule summary and fiscal analysis 1061
prepared under section 127.18 of the Revised Code in electronic 1062
form along with a proposed rule, and along with a proposed rule in 1063
revised form, that is filed under this division. If a proposed 1064
rule has an adverse impact on businesses, the state board, 1065
commission, department, division, or bureau also shall file the 1066
business impact analysis, any recommendations received from the 1067
common sense initiative office, and the associated memorandum of 1068
response, if any, in electronic form along with the proposed rule, 1069
or the proposed rule in revised form, that is filed under this 1070
division.1071

       As used in this division, "commission" includes the public 1072
utilities commission when adopting rules under a federal or state 1073
statute.1074

       This division does not apply to any of the following:1075

       (1) A proposed rule of an emergency nature;1076

       (2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1077
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 1078
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised 1079
Code;1080

       (3) A rule proposed by an agency other than a board, 1081
commission, department, division, or bureau of the government of 1082
the state;1083

       (4) A proposed internal management rule of a board, 1084
commission, department, division, or bureau of the government of 1085
the state;1086

       (5) Any proposed rule that must be adopted verbatim by an 1087
agency pursuant to federal law or rule, to become effective within 1088
sixty days of adoption, in order to continue the operation of a 1089
federally reimbursed program in this state, so long as the 1090
proposed rule contains both of the following:1091

       (a) A statement that it is proposed for the purpose of 1092
complying with a federal law or rule;1093

       (b) A citation to the federal law or rule that requires 1094
verbatim compliance.1095

       (6) An initial rule proposed by the director of health to 1096
impose safety standards and quality-of-care standards with respect 1097
to a health service specified in section 3702.11 of the Revised 1098
Code, or an initial rule proposed by the director to impose 1099
quality standards on a facility listed in division (A)(4) of 1100
section 3702.30 of the Revised Code, if section 3702.12 of the 1101
Revised Code requires that the rule be adopted under this section;1102

       (7) A rule of the state lottery commission pertaining to 1103
instant game rules.1104

       If a rule is exempt from legislative review under division 1105
(D)(5) of this section, and if the federal law or rule pursuant to 1106
which the rule was adopted expires, is repealed or rescinded, or 1107
otherwise terminates, the rule is thereafter subject to 1108
legislative review under division (D) of this section.1109

       (E) Whenever a state board, commission, department, division, 1110
or bureau files a proposed rule or a proposed rule in revised form 1111
under division (D) of this section, it shall also file the full 1112
text of the same proposed rule or proposed rule in revised form in 1113
electronic form with the secretary of state and the director of 1114
the legislative service commission. A state board, commission, 1115
department, division, or bureau shall file the rule summary and 1116
fiscal analysis prepared under section 127.18 of the Revised Code 1117
in electronic form along with a proposed rule or proposed rule in 1118
revised form that is filed with the secretary of state or the 1119
director of the legislative service commission.1120

       Sec. 119.03.  In the adoption, amendment, or rescission of 1121
any rule, an agency shall comply with the following procedure:1122

       (A) Reasonable public notice shall be given in the register 1123
of Ohio at least thirty days prior to the date set for a hearing, 1124
in the form the agency determines. The agency shall file copies of 1125
the public notice under division (B) of this section. (The agency 1126
gives public notice in the register of Ohio when the public notice 1127
is published in the register under that division.)1128

       The public notice shall include:1129

       (1) A statement of the agency's intention to consider 1130
adopting, amending, or rescinding a rule;1131

       (2) A synopsis of the proposed rule, amendment, or rule to be 1132
rescinded or a general statement of the subject matter to which 1133
the proposed rule, amendment, or rescission relates;1134

       (3) A statement of the reason or purpose for adopting, 1135
amending, or rescinding the rule;1136

       (4) The date, time, and place of a hearing on the proposed 1137
action, which shall be not earlier than the thirty-first nor later 1138
than the fortieth day after the proposed rule, amendment, or 1139
rescission is filed under division (B) of this section.1140

       In addition to public notice given in the register of Ohio, 1141
the agency may give whatever other notice it reasonably considers 1142
necessary to ensure notice constructively is given to all persons 1143
who are subject to or affected by the proposed rule, amendment, or 1144
rescission.1145

       The agency shall provide a copy of the public notice required 1146
under division (A) of this section to any person who requests it 1147
and pays a reasonable fee, not to exceed the cost of copying and 1148
mailing.1149

       (B) The full text of the proposed rule, amendment, or rule to 1150
be rescinded, accompanied by the public notice required under 1151
division (A) of this section, shall be filed in electronic form 1152
with the secretary of state and with the director of the 1153
legislative service commission. (If in compliance with this 1154
division an agency files more than one proposed rule, amendment, 1155
or rescission at the same time, and has prepared a public notice 1156
under division (A) of this section that applies to more than one 1157
of the proposed rules, amendments, or rescissions, the agency 1158
shall file only one notice with the secretary of state and with 1159
the director for all of the proposed rules, amendments, or 1160
rescissions to which the notice applies.) The proposed rule, 1161
amendment, or rescission and public notice shall be filed as 1162
required by this division at least sixty-five days prior to the 1163
date on which the agency, in accordance with division (D) of this 1164
section, issues an order adopting the proposed rule, amendment, or 1165
rescission.1166

       If the proposed rule, amendment, or rescission incorporates a 1167
text or other material by reference, the agency shall comply with 1168
sections 121.71 to 121.76 of the Revised Code.1169

       The proposed rule, amendment, or rescission shall be 1170
available for at least thirty days prior to the date of the 1171
hearing at the office of the agency in printed or other legible 1172
form without charge to any person affected by the proposal. 1173
Failure to furnish such text to any person requesting it shall not 1174
invalidate any action of the agency in connection therewith.1175

       If the agency files a substantive revision in the text of the 1176
proposed rule, amendment, or rescission under division (H) of this 1177
section, it shall also promptly file the full text of the proposed 1178
rule, amendment, or rescission in its revised form in electronic 1179
form with the secretary of state and with the director of the 1180
legislative service commission.1181

       The agency shall file the rule summary and fiscal analysis 1182
prepared under section 127.18 of the Revised Code in electronic 1183
form along with a proposed rule, amendment, or rescission or 1184
proposed rule, amendment, or rescission in revised form that is 1185
filed with the secretary of state or the director of the 1186
legislative service commission.1187

       The director of the legislative service commission shall 1188
publish in the register of Ohio the full text of the original and 1189
each revised version of a proposed rule, amendment, or rescission; 1190
the full text of a public notice; and the full text of a rule 1191
summary and fiscal analysis that is filed with the director under 1192
this division.1193

       (C) On the date and at the time and place designated in the 1194
notice, the agency shall conduct a public hearing at which any 1195
person affected by the proposed action of the agency may appear 1196
and be heard in person, by the person's attorney, or both, may 1197
present the person's position, arguments, or contentions, orally 1198
or in writing, offer and examine witnesses, and present evidence 1199
tending to show that the proposed rule, amendment, or rescission, 1200
if adopted or effectuated, will be unreasonable or unlawful. An 1201
agency may permit persons affected by the proposed rule, 1202
amendment, or rescission to present their positions, arguments, or 1203
contentions in writing, not only at the hearing, but also for a 1204
reasonable period before, after, or both before and after the 1205
hearing. A person who presents a position or arguments or 1206
contentions in writing before or after the hearing is not required 1207
to appear at the hearing.1208

       At the hearing, the testimony shall be recorded. Such record 1209
shall be made at the expense of the agency. The agency is required 1210
to transcribe a record that is not sight readable only if a person 1211
requests transcription of all or part of the record and agrees to 1212
reimburse the agency for the costs of the transcription. An agency 1213
may require the person to pay in advance all or part of the cost 1214
of the transcription.1215

       In any hearing under this section the agency may administer 1216
oaths or affirmations.1217

       (D) After complying with divisions (A), (B), (C), and (H) of 1218
this section, and when the time for legislative review and 1219
invalidation under division (I) of this section has expired, the 1220
agency may issue an order adopting the proposed rule or the 1221
proposed amendment or rescission of the rule, consistent with the 1222
synopsis or general statement included in the public notice. At 1223
that time the agency shall designate the effective date of the 1224
rule, amendment, or rescission, which shall not be earlier than 1225
the tenth day after the rule, amendment, or rescission has been 1226
filed in its final form as provided in section 119.04 of the 1227
Revised Code.1228

       (E) Prior to the effective date of a rule, amendment, or 1229
rescission, the agency shall make a reasonable effort to inform 1230
those affected by the rule, amendment, or rescission and to have 1231
available for distribution to those requesting it the full text of 1232
the rule as adopted or as amended.1233

       (F) If the governor, upon the request of an agency, 1234
determines that an emergency requires the immediate adoption, 1235
amendment, or rescission of a rule, the governor shall issue an 1236
order, the text of which shall be filed in electronic form with 1237
the agency, the secretary of state, the director of the 1238
legislative service commission, and the joint committee on agency 1239
rule review, that the procedure prescribed by this section with 1240
respect to the adoption, amendment, or rescission of a specified 1241
rule is suspended. The agency may then adopt immediately the 1242
emergency rule, amendment, or rescission and it becomes effective 1243
on the date the rule, amendment, or rescission, in final form and 1244
in compliance with division (A)(2) of section 119.04 of the 1245
Revised Code, is filed in electronic form with the secretary of 1246
state, the director of the legislative service commission, and the 1247
joint committee on agency rule review. If all filings are not 1248
completed on the same day, the emergency rule, amendment, or 1249
rescission shall be effective on the day on which the latest 1250
filing is completed. The director shall publish the full text of 1251
the emergency rule, amendment, or rescission in the register of 1252
Ohio.1253

       The emergency rule, amendment, or rescission shall become 1254
invalid at the end of the ninetiethone hundred twentieth day it 1255
is in effect. Prior to that date the agency may adopt the 1256
emergency rule, amendment, or rescission as a nonemergency rule, 1257
amendment, or rescission by complying with the procedure 1258
prescribed by this section for the adoption, amendment, and 1259
rescission of nonemergency rules. The agency shall not use the 1260
procedure of this division to readopt the emergency rule, 1261
amendment, or rescission so that, upon the emergency rule, 1262
amendment, or rescission becoming invalid under this division, the 1263
emergency rule, amendment, or rescission will continue in effect 1264
without interruption for another ninety-dayone hundred twenty-day1265
period, except when division (I)(2)(a) of this section prevents 1266
the agency from adopting the emergency rule, amendment, or 1267
rescission as a nonemergency rule, amendment, or rescission within 1268
the ninety-dayone hundred twenty-day period.1269

       This division does not apply to the adoption of any emergency 1270
rule, amendment, or rescission by the tax commissioner under 1271
division (C)(2) of section 5117.02 of the Revised Code.1272

       (G) Rules adopted by an authority within the department of 1273
job and family services for the administration or enforcement of 1274
Chapter 4141. of the Revised Code or of the department of taxation 1275
shall be effective without a hearing as provided by this section 1276
if the statutes pertaining to such agency specifically give a 1277
right of appeal to the board of tax appeals or to a higher 1278
authority within the agency or to a court, and also give the 1279
appellant a right to a hearing on such appeal. This division does 1280
not apply to the adoption of any rule, amendment, or rescission by 1281
the tax commissioner under division (C)(1) or (2) of section 1282
5117.02 of the Revised Code, or deny the right to file an action 1283
for declaratory judgment as provided in Chapter 2721. of the 1284
Revised Code from the decision of the board of tax appeals or of 1285
the higher authority within such agency.1286

       (H) When any agency files a proposed rule, amendment, or 1287
rescission under division (B) of this section, it shall also file 1288
in electronic form with the joint committee on agency rule review 1289
the full text of the proposed rule, amendment, or rule to be 1290
rescinded in the same form and the public notice required under 1291
division (A) of this section. (If in compliance with this division 1292
an agency files more than one proposed rule, amendment, or 1293
rescission at the same time, and has given a public notice under 1294
division (A) of this section that applies to more than one of the 1295
proposed rules, amendments, or rescissions, the agency shall file 1296
only one notice with the joint committee for all of the proposed 1297
rules, amendments, or rescissions to which the notice applies.) If 1298
the agency makes a substantive revision in a proposed rule, 1299
amendment, or rescission after it is filed with the joint 1300
committee, the agency shall promptly file the full text of the 1301
proposed rule, amendment, or rescission in its revised form in 1302
electronic form with the joint committee. The latest version of a 1303
proposed rule, amendment, or rescission as filed with the joint 1304
committee supersedes each earlier version of the text of the same 1305
proposed rule, amendment, or rescission. An agency shall file the 1306
rule summary and fiscal analysis prepared under section 127.18 of 1307
the Revised Code in electronic form along with a proposed rule, 1308
amendment, or rescission, and along with a proposed rule, 1309
amendment, or rescission in revised form, that is filed under this 1310
division. If a proposed rule, amendment, or rescission has an 1311
adverse impact on businesses, the agency also shall file the 1312
business impact analysis, any recommendations received from the 1313
common sense initiative office, and the agency's memorandum of 1314
response, if any, in electronic form along with the proposed rule, 1315
amendment, or rescission, or along with the proposed rule, 1316
amendment, or rescission in revised form, that is filed under this 1317
division.1318

       This division does not apply to:1319

       (1) An emergency rule, amendment, or rescission;1320

       (2) Any proposed rule, amendment, or rescission that must be 1321
adopted verbatim by an agency pursuant to federal law or rule, to 1322
become effective within sixty days of adoption, in order to 1323
continue the operation of a federally reimbursed program in this 1324
state, so long as the proposed rule contains both of the 1325
following:1326

       (a) A statement that it is proposed for the purpose of 1327
complying with a federal law or rule;1328

       (b) A citation to the federal law or rule that requires 1329
verbatim compliance.1330

       If a rule or amendment is exempt from legislative review 1331
under division (H)(2) of this section, and if the federal law or 1332
rule pursuant to which the rule or amendment was adopted expires, 1333
is repealed or rescinded, or otherwise terminates, the rule or 1334
amendment, or its rescission, is thereafter subject to legislative 1335
review under division (H) of this section.1336

       (I)(1) The joint committee on agency rule review may 1337
recommend the adoption of a concurrent resolution invalidating a 1338
proposed rule, amendment, rescission, or part thereof if it finds 1339
any of the following:1340

       (a) That the rule-making agency has exceeded the scope of its 1341
statutory authority in proposing the rule, amendment, or 1342
rescission;1343

       (b) That the proposed rule, amendment, or rescission 1344
conflicts with another rule, amendment, or rescission adopted by 1345
the same or a different rule-making agency;1346

       (c) That the proposed rule, amendment, or rescission 1347
conflicts with the legislative intent in enacting the statute 1348
under which the rule-making agency proposed the rule, amendment, 1349
or rescission;1350

       (d) That the rule-making agency has failed to prepare a 1351
complete and accurate rule summary and fiscal analysis of the 1352
proposed rule, amendment, or rescission as required by section 1353
127.18 of the Revised Code;1354

       (e) That the proposed rule, amendment, or rescission 1355
incorporates a text or other material by reference and either the 1356
rule-making agency has failed to file the text or other material 1357
incorporated by reference as required by section 121.73 of the 1358
Revised Code or, in the case of a proposed rule or amendment, the 1359
incorporation by reference fails to meet the standards stated in 1360
section 121.72, 121.75, or 121.76 of the Revised Code;1361

       (f) That the rule-making agency has failed to demonstrate 1362
through the business impact analysis, recommendations from the 1363
common sense initiative office, and the memorandum of response the 1364
agency has filed under division (H) of this section that the 1365
regulatory intent of the proposed rule, amendment, or rescission 1366
justifies its adverse impact on businesses in this state.1367

       The joint committee shall not hold its public hearing on a 1368
proposed rule, amendment, or rescission earlier than the 1369
forty-first day after the original version of the proposed rule, 1370
amendment, or rescission was filed with the joint committee.1371

       The house of representatives and senate may adopt a 1372
concurrent resolution invalidating a proposed rule, amendment, 1373
rescission, or part thereof. The concurrent resolution shall state 1374
which of the specific rules, amendments, rescissions, or parts 1375
thereof are invalidated. A concurrent resolution invalidating a 1376
proposed rule, amendment, or rescission shall be adopted not later 1377
than the sixty-fifth day after the original version of the text of 1378
the proposed rule, amendment, or rescission is filed with the 1379
joint committee, except that if more than thirty-five days after 1380
the original version is filed the rule-making agency either files 1381
a revised version of the text of the proposed rule, amendment, or 1382
rescission, or revises the rule summary and fiscal analysis in 1383
accordance with division (I)(4) of this section, a concurrent 1384
resolution invalidating the proposed rule, amendment, or 1385
rescission shall be adopted not later than the thirtieth day after 1386
the revised version of the proposed rule or rule summary and 1387
fiscal analysis is filed. If, after the joint committee on agency 1388
rule review recommends the adoption of a concurrent resolution 1389
invalidating a proposed rule, amendment, rescission, or part 1390
thereof, the house of representatives or senate does not, within 1391
the time remaining for adoption of the concurrent resolution, hold 1392
five floor sessions at which its journal records a roll call vote 1393
disclosing a sufficient number of members in attendance to pass a 1394
bill, the time within which that house may adopt the concurrent 1395
resolution is extended until it has held five such floor sessions.1396

       Within five days after the adoption of a concurrent 1397
resolution invalidating a proposed rule, amendment, rescission, or 1398
part thereof, the clerk of the senate shall send the rule-making 1399
agency, the secretary of state, and the director of the 1400
legislative service commission in electronic form a certified text 1401
of the resolution together with a certification stating the date 1402
on which the resolution takes effect. The secretary of state and 1403
the director of the legislative service commission shall each note 1404
the invalidity of the proposed rule, amendment, rescission, or 1405
part thereof, and shall each remove the invalid proposed rule, 1406
amendment, rescission, or part thereof from the file of proposed 1407
rules. The rule-making agency shall not proceed to adopt in 1408
accordance with division (D) of this section, or to file in 1409
accordance with division (B)(1) of section 111.15 of the Revised 1410
Code, any version of a proposed rule, amendment, rescission, or 1411
part thereof that has been invalidated by concurrent resolution.1412

       Unless the house of representatives and senate adopt a 1413
concurrent resolution invalidating a proposed rule, amendment, 1414
rescission, or part thereof within the time specified by this 1415
division, the rule-making agency may proceed to adopt in 1416
accordance with division (D) of this section, or to file in 1417
accordance with division (B)(1) of section 111.15 of the Revised 1418
Code, the latest version of the proposed rule, amendment, or 1419
rescission as filed with the joint committee. If by concurrent 1420
resolution certain of the rules, amendments, rescissions, or parts 1421
thereof are specifically invalidated, the rule-making agency may 1422
proceed to adopt, in accordance with division (D) of this section, 1423
or to file in accordance with division (B)(1) of section 111.15 of 1424
the Revised Code, the latest version of the proposed rules, 1425
amendments, rescissions, or parts thereof as filed with the joint 1426
committee that are not specifically invalidated. The rule-making 1427
agency may not revise or amend any proposed rule, amendment, 1428
rescission, or part thereof that has not been invalidated except 1429
as provided in this chapter or in section 111.15 of the Revised 1430
Code.1431

       (2)(a) A proposed rule, amendment, or rescission that is 1432
filed with the joint committee under division (H) of this section 1433
or division (D) of section 111.15 of the Revised Code shall be 1434
carried over for legislative review to the next succeeding regular 1435
session of the general assembly if the original or any revised 1436
version of the proposed rule, amendment, or rescission is filed 1437
with the joint committee on or after the first day of December of 1438
any year.1439

       (b) The latest version of any proposed rule, amendment, or 1440
rescission that is subject to division (I)(2)(a) of this section, 1441
as filed with the joint committee, is subject to legislative 1442
review and invalidation in the next succeeding regular session of 1443
the general assembly in the same manner as if it were the original 1444
version of a proposed rule, amendment, or rescission that had been 1445
filed with the joint committee for the first time on the first day 1446
of the session. A rule-making agency shall not adopt in accordance 1447
with division (D) of this section, or file in accordance with 1448
division (B)(1) of section 111.15 of the Revised Code, any version 1449
of a proposed rule, amendment, or rescission that is subject to 1450
division (I)(2)(a) of this section until the time for legislative 1451
review and invalidation, as contemplated by division (I)(2)(b) of 1452
this section, has expired.1453

       (3) Invalidation of any version of a proposed rule, 1454
amendment, rescission, or part thereof by concurrent resolution 1455
shall prevent the rule-making agency from instituting or 1456
continuing proceedings to adopt any version of the same proposed 1457
rule, amendment, rescission, or part thereof for the duration of 1458
the general assembly that invalidated the proposed rule, 1459
amendment, rescission, or part thereof unless the same general 1460
assembly adopts a concurrent resolution permitting the rule-making 1461
agency to institute or continue such proceedings.1462

       The failure of the general assembly to invalidate a proposed 1463
rule, amendment, rescission, or part thereof under this section 1464
shall not be construed as a ratification of the lawfulness or 1465
reasonableness of the proposed rule, amendment, rescission, or any 1466
part thereof or of the validity of the procedure by which the 1467
proposed rule, amendment, rescission, or any part thereof was 1468
proposed or adopted.1469

       (4) In lieu of recommending a concurrent resolution to 1470
invalidate a proposed rule, amendment, rescission, or part thereof 1471
because the rule-making agency has failed to prepare a complete 1472
and accurate fiscal analysis, the joint committee on agency rule 1473
review may issue, on a one-time basis, for rules, amendments, 1474
rescissions, or parts thereof that have a fiscal effect on school 1475
districts, counties, townships, or municipal corporations, a 1476
finding that the rule summary and fiscal analysis is incomplete or 1477
inaccurate and order the rule-making agency to revise the rule 1478
summary and fiscal analysis and refile it with the proposed rule, 1479
amendment, rescission, or part thereof. If an emergency rule is 1480
filed as a nonemergency rule before the end of the ninetieth day 1481
of the emergency rule's effectiveness, and the joint committee 1482
issues a finding and orders the rule-making agency to refile under 1483
division (I)(4) of this section, the governor may also issue an 1484
order stating that the emergency rule shall remain in effect for 1485
an additional sixty days after the ninetiethone hundred twentieth1486
day of the emergency rule's effectiveness. The governor's orders 1487
shall be filed in accordance with division (F) of this section. 1488
The joint committee shall send in electronic form to the 1489
rule-making agency, the secretary of state, and the director of 1490
the legislative service commission a certified text of the finding 1491
and order to revise the rule summary and fiscal analysis, which 1492
shall take immediate effect.1493

       An order issued under division (I)(4) of this section shall 1494
prevent the rule-making agency from instituting or continuing 1495
proceedings to adopt any version of the proposed rule, amendment, 1496
rescission, or part thereof until the rule-making agency revises 1497
the rule summary and fiscal analysis and refiles it in electronic 1498
form with the joint committee along with the proposed rule, 1499
amendment, rescission, or part thereof. If the joint committee 1500
finds the rule summary and fiscal analysis to be complete and 1501
accurate, the joint committee shall issue a new order noting that 1502
the rule-making agency has revised and refiled a complete and 1503
accurate rule summary and fiscal analysis. The joint committee 1504
shall send in electronic form to the rule-making agency, the 1505
secretary of state, and the director of the legislative service 1506
commission a certified text of this new order. The secretary of 1507
state and the director of the legislative service commission shall 1508
each link this order to the proposed rule, amendment, rescission, 1509
or part thereof. The rule-making agency may then proceed to adopt 1510
in accordance with division (D) of this section, or to file in 1511
accordance with division (B)(1) of section 111.15 of the Revised 1512
Code, the proposed rule, amendment, rescission, or part thereof 1513
that was subject to the finding and order under division (I)(4) of 1514
this section. If the joint committee determines that the revised 1515
rule summary and fiscal analysis is still inaccurate or 1516
incomplete, the joint committee shall recommend the adoption of a 1517
concurrent resolution in accordance with division (I)(1) of this 1518
section.1519

       Sec. 119.12.  Any party adversely affected by any order of an 1520
agency issued pursuant to an adjudication denying an applicant 1521
admission to an examination, or denying the issuance or renewal of 1522
a license or registration of a licensee, or revoking or suspending 1523
a license, or allowing the payment of a forfeiture under section 1524
4301.252 of the Revised Code may appeal from the order of the 1525
agency to the court of common pleas of the county in which the 1526
place of business of the licensee is located or the county in 1527
which the licensee is a resident, except that appeals from 1528
decisions of the liquor control commission, the Ohio casino 1529
control commission, the state medical board, state chiropractic 1530
board, and the board of nursing shall be to the court of common 1531
pleas of Franklin county. If any party appealing from the order is 1532
not a resident of and has no place of business in this state, the 1533
party may appeal to the court of common pleas of Franklin county.1534

       Any party adversely affected by any order of an agency issued 1535
pursuant to any other adjudication may appeal to the court of 1536
common pleas of Franklin county, except that appeals from orders 1537
of the fire marshal issued under Chapter 3737. of the Revised Code 1538
may be to the court of common pleas of the county in which the 1539
building of the aggrieved person is located and except that 1540
appeals under division (B) of section 124.34 of the Revised Code 1541
from a decision of the state personnel board of review or a 1542
municipal or civil service township civil service commission shall 1543
be taken to the court of common pleas of the county in which the 1544
appointing authority is located or, in the case of an appeal by 1545
the department of rehabilitation and correction, to the court of 1546
common pleas of Franklin county.1547

       This section does not apply to appeals from the department of 1548
taxation.1549

       Any party desiring to appeal shall file a notice of appeal 1550
with the agency setting forth the order appealed from and stating 1551
that the agency's order is not supported by reliable, probative, 1552
and substantial evidence and is not in accordance with law. The 1553
notice of appeal may, but need not, set forth the specific grounds 1554
of the party's appeal beyond the statement that the agency's order 1555
is not supported by reliable, probative, and substantial evidence 1556
and is not in accordance with law. The notice of appeal shall also 1557
be filed by the appellant with the court. In filing a notice of 1558
appeal with the agency or court, the notice that is filed may be 1559
either the original notice or a copy of the original notice. 1560
Unless otherwise provided by law relating to a particular agency, 1561
notices of appeal shall be filed within fifteen days after the 1562
mailing of the notice of the agency's order as provided in this 1563
section. For purposes of this paragraph, an order includes a 1564
determination appealed pursuant to division (C) of section 119.092 1565
of the Revised Code. The amendments made to this paragraph by Sub. 1566
H.B. 215 of the 128th general assembly are procedural, and this 1567
paragraph as amended by those amendments shall be applied 1568
retrospectively to all appeals pursuant to this paragraph filed 1569
before the effective date of those amendmentsSeptember 13, 2010,1570
but not earlier than May 7, 2009, which was the date the supreme 1571
court of Ohio released its opinion and judgment in Medcorp, Inc. 1572
v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d 1573
622.1574

       The filing of a notice of appeal shall not automatically 1575
operate as a suspension of the order of an agency. If it appears 1576
to the court that an unusual hardship to the appellant will result 1577
from the execution of the agency's order pending determination of 1578
the appeal, the court may grant a suspension and fix its terms. If 1579
an appeal is taken from the judgment of the court and the court 1580
has previously granted a suspension of the agency's order as 1581
provided in this section, the suspension of the agency's order 1582
shall not be vacated and shall be given full force and effect 1583
until the matter is finally adjudicated. No renewal of a license 1584
or permit shall be denied by reason of the suspended order during 1585
the period of the appeal from the decision of the court of common 1586
pleas. In the case of an appeal from the Ohio casino control 1587
commission, the state medical board, or the state chiropractic 1588
board, the court may grant a suspension and fix its terms if it 1589
appears to the court that an unusual hardship to the appellant 1590
will result from the execution of the agency's order pending 1591
determination of the appeal and the health, safety, and welfare of 1592
the public will not be threatened by suspension of the order. This 1593
provision shall not be construed to limit the factors the court 1594
may consider in determining whether to suspend an order of any 1595
other agency pending determination of an appeal.1596

       The final order of adjudication may apply to any renewal of a 1597
license or permit which has been granted during the period of the 1598
appeal.1599

       Notwithstanding any other provision of this section, any 1600
order issued by a court of common pleas or a court of appeals 1601
suspending the effect of an order of the liquor control commission 1602
issued pursuant to Chapter 4301. or 4303. of the Revised Code that 1603
suspends, revokes, or cancels a permit issued under Chapter 4303. 1604
of the Revised Code or that allows the payment of a forfeiture 1605
under section 4301.252 of the Revised Code shall terminate not 1606
more than six months after the date of the filing of the record of 1607
the liquor control commission with the clerk of the court of 1608
common pleas and shall not be extended. The court of common pleas, 1609
or the court of appeals on appeal, shall render a judgment in that 1610
matter within six months after the date of the filing of the 1611
record of the liquor control commission with the clerk of the 1612
court of common pleas. A court of appeals shall not issue an order 1613
suspending the effect of an order of the liquor control commission 1614
that extends beyond six months after the date on which the record 1615
of the liquor control commission is filed with a court of common 1616
pleas.1617

       Notwithstanding any other provision of this section, any 1618
order issued by a court of common pleas or a court of appeals 1619
suspending the effect of an order of the Ohio casino control 1620
commission issued under Chapter 3772. of the Revised Code that 1621
limits, conditions, restricts, suspends, revokes, denies, not 1622
renews, fines, or otherwise penalizes an applicant, licensee, or 1623
person excluded or ejected from a casino facility in accordance 1624
with section 3772.031 of the Revised Code shall terminate not more 1625
than six months after the date of the filing of the record of the 1626
Ohio casino control commission with the clerk of the court of 1627
common pleas and shall not be extended. The court of common pleas, 1628
or the court of appeals on appeal, shall render a judgment in that 1629
matter within six months after the date of the filing of the 1630
record of the Ohio casino control commission with the clerk of the 1631
court of common pleas. A court of appeals shall not issue an order 1632
suspending the effect of an order of the Ohio casino control 1633
commission that extends beyond six months after the date on which 1634
the record of the Ohio casino control commission is filed with the 1635
clerk of a court of common pleas.1636

       Notwithstanding any other provision of this section, any 1637
order issued by a court of common pleas suspending the effect of 1638
an order of the state medical board or state chiropractic board 1639
that limits, revokes, suspends, places on probation, or refuses to 1640
register or reinstate a certificate issued by the board or 1641
reprimands the holder of the certificate shall terminate not more 1642
than fifteen months after the date of the filing of a notice of 1643
appeal in the court of common pleas, or upon the rendering of a 1644
final decision or order in the appeal by the court of common 1645
pleas, whichever occurs first.1646

       Within thirty days after receipt of a notice of appeal from 1647
an order in any case in which a hearing is required by sections 1648
119.01 to 119.13 of the Revised Code, the agency shall prepare and 1649
certify to the court a complete record of the proceedings in the 1650
case. Failure of the agency to comply within the time allowed, 1651
upon motion, shall cause the court to enter a finding in favor of 1652
the party adversely affected. Additional time, however, may be 1653
granted by the court, not to exceed thirty days, when it is shown 1654
that the agency has made substantial effort to comply. The record 1655
shall be prepared and transcribed, and the expense of it shall be 1656
taxed as a part of the costs on the appeal. The appellant shall 1657
provide security for costs satisfactory to the court of common 1658
pleas. Upon demand by any interested party, the agency shall 1659
furnish at the cost of the party requesting it a copy of the 1660
stenographic report of testimony offered and evidence submitted at 1661
any hearing and a copy of the complete record.1662

       Notwithstanding any other provision of this section, any 1663
party desiring to appeal an order or decision of the state 1664
personnel board of review shall, at the time of filing a notice of 1665
appeal with the board, provide a security deposit in an amount and 1666
manner prescribed in rules that the board shall adopt in 1667
accordance with this chapter. In addition, the board is not 1668
required to prepare or transcribe the record of any of its 1669
proceedings unless the appellant has provided the deposit 1670
described above. The failure of the board to prepare or transcribe 1671
a record for an appellant who has not provided a security deposit 1672
shall not cause a court to enter a finding adverse to the board.1673

       Unless otherwise provided by law, in the hearing of the 1674
appeal, the court is confined to the record as certified to it by 1675
the agency. Unless otherwise provided by law, the court may grant 1676
a request for the admission of additional evidence when satisfied 1677
that the additional evidence is newly discovered and could not 1678
with reasonable diligence have been ascertained prior to the 1679
hearing before the agency.1680

       The court shall conduct a hearing on the appeal and shall 1681
give preference to all proceedings under sections 119.01 to 119.13 1682
of the Revised Code, over all other civil cases, irrespective of 1683
the position of the proceedings on the calendar of the court. An 1684
appeal from an order of the state medical board issued pursuant to 1685
division (G) of either section 4730.25 or 4731.22 of the Revised 1686
Code, or the state chiropractic board issued pursuant to section 1687
4734.37 of the Revised Code, or the liquor control commission 1688
issued pursuant to Chapter 4301. or 4303. of the Revised Code, or 1689
the Ohio casino control commission issued pursuant to Chapter 1690
3772. of the Revised Code shall be set down for hearing at the 1691
earliest possible time and takes precedence over all other 1692
actions. The hearing in the court of common pleas shall proceed as 1693
in the trial of a civil action, and the court shall determine the 1694
rights of the parties in accordance with the laws applicable to a 1695
civil action. At the hearing, counsel may be heard on oral 1696
argument, briefs may be submitted, and evidence may be introduced 1697
if the court has granted a request for the presentation of 1698
additional evidence.1699

       The court may affirm the order of the agency complained of in 1700
the appeal if it finds, upon consideration of the entire record 1701
and any additional evidence the court has admitted, that the order 1702
is supported by reliable, probative, and substantial evidence and 1703
is in accordance with law. In the absence of this finding, it may 1704
reverse, vacate, or modify the order or make such other ruling as 1705
is supported by reliable, probative, and substantial evidence and 1706
is in accordance with law. The court shall award compensation for 1707
fees in accordance with section 2335.39 of the Revised Code to a 1708
prevailing party, other than an agency, in an appeal filed 1709
pursuant to this section.1710

       The judgment of the court shall be final and conclusive 1711
unless reversed, vacated, or modified on appeal. These appeals may 1712
be taken either by the party or the agency, shall proceed as in 1713
the case of appeals in civil actions, and shall be pursuant to the 1714
Rules of Appellate Procedure and, to the extent not in conflict 1715
with those rules, Chapter 2505. of the Revised Code. An appeal by 1716
the agency shall be taken on questions of law relating to the 1717
constitutionality, construction, or interpretation of statutes and 1718
rules of the agency, and, in the appeal, the court may also review 1719
and determine the correctness of the judgment of the court of 1720
common pleas that the order of the agency is not supported by any 1721
reliable, probative, and substantial evidence in the entire 1722
record.1723

       The court shall certify its judgment to the agency or take 1724
any other action necessary to give its judgment effect.1725

       Sec. 121.08.  (A) There is hereby created in the department 1726
of commerce the position of deputy director of administration. 1727
This officer shall be appointed by the director of commerce, serve 1728
under the director's direction, supervision, and control, perform 1729
the duties the director prescribes, and hold office during the 1730
director's pleasure. The director of commerce may designate an 1731
assistant director of commerce to serve as the deputy director of 1732
administration. The deputy director of administration shall 1733
perform the duties prescribed by the director of commerce in 1734
supervising the activities of the division of administration of 1735
the department of commerce.1736

       (B) Except as provided in section 121.07 of the Revised Code, 1737
the department of commerce shall have all powers and perform all 1738
duties vested in the deputy director of administration, the state 1739
fire marshal, the superintendent of financial institutions, the 1740
superintendent of real estate and professional licensing, the 1741
superintendent of liquor control, the superintendent of industrial 1742
compliance, the superintendent of unclaimed funds, and the 1743
commissioner of securities, and shall have all powers and perform 1744
all duties vested by law in all officers, deputies, and employees 1745
of those offices. Except as provided in section 121.07 of the 1746
Revised Code, wherever powers are conferred or duties imposed upon 1747
any of those officers, the powers and duties shall be construed as 1748
vested in the department of commerce.1749

       (C)(1) There is hereby created in the department of commerce 1750
a division of financial institutions, which shall have all powers 1751
and perform all duties vested by law in the superintendent of 1752
financial institutions. Wherever powers are conferred or duties 1753
imposed upon the superintendent of financial institutions, those 1754
powers and duties shall be construed as vested in the division of 1755
financial institutions. The division of financial institutions 1756
shall be administered by the superintendent of financial 1757
institutions.1758

       (2) All provisions of law governing the superintendent of 1759
financial institutions shall apply to and govern the 1760
superintendent of financial institutions provided for in this 1761
section; all authority vested by law in the superintendent of 1762
financial institutions with respect to the management of the 1763
division of financial institutions shall be construed as vested in 1764
the superintendent of financial institutions created by this 1765
section with respect to the division of financial institutions 1766
provided for in this section; and all rights, privileges, and 1767
emoluments conferred by law upon the superintendent of financial 1768
institutions shall be construed as conferred upon the 1769
superintendent of financial institutions as head of the division 1770
of financial institutions. The director of commerce shall not 1771
transfer from the division of financial institutions any of the 1772
functions specified in division (C)(2) of this section.1773

       (D) There is hereby created in the department of commerce a 1774
division of liquor control, which shall have all powers and 1775
perform all duties vested by law in the superintendent of liquor 1776
control. Wherever powers are conferred or duties are imposed upon 1777
the superintendent of liquor control, those powers and duties 1778
shall be construed as vested in the division of liquor control. 1779
The division of liquor control shall be administered by the 1780
superintendent of liquor control.1781

       (E) The director of commerce shall not be interested, 1782
directly or indirectly, in any firm or corporation which is a 1783
dealer in securities as defined in sections 1707.01 and 1707.14 of 1784
the Revised Code, or in any firm or corporation licensed under 1785
sections 1321.01 to 1321.19 of the Revised Code.1786

       (F) The director of commerce shall not have any official 1787
connection with a savings and loan association, a savings bank, a 1788
bank, a bank holding company, a savings and loan association 1789
holding company, a consumer finance company, or a credit union 1790
that is under the supervision of the division of financial 1791
institutions, or a subsidiary of any of the preceding entities, or 1792
be interested in the business thereof.1793

       (G) There is hereby created in the state treasury the 1794
division of administration fund. The fund shall receive 1795
assessments on the operating funds of the department of commerce 1796
in accordance with procedures prescribed by the director of 1797
commerce and approved by the director of budget and management. 1798
All operating expenses of the division of administration shall be 1799
paid from the division of administration fund.1800

       (H) There is hereby created in the department of commerce a 1801
division of real estate and professional licensing, which shall be 1802
under the control and supervision of the director of commerce. The 1803
division of real estate and professional licensing shall be 1804
administered by the superintendent of real estate and professional 1805
licensing. The superintendent of real estate and professional 1806
licensing shall exercise the powers and perform the functions and 1807
duties delegated to the superintendent under Chapters 4735., 1808
4763., and 4767. of the Revised Code.1809

       (I) There is hereby created in the department of commerce a 1810
division of industrial compliance, which shall have all powers and 1811
perform all duties vested by law in the superintendent of 1812
industrial compliance. Wherever powers are conferred or duties 1813
imposed upon the superintendent of industrial compliance, those 1814
powers and duties shall be construed as vested in the division of 1815
industrial compliance. The division of industrial compliance shall 1816
be under the control and supervision of the director of commerce 1817
and be administered by the superintendent of industrial 1818
compliance.1819

       (J) There is hereby created in the department of commerce a 1820
division of unclaimed funds, which shall have all powers and 1821
perform all duties delegated to or vested by law in the 1822
superintendent of unclaimed funds. Wherever powers are conferred 1823
or duties imposed upon the superintendent of unclaimed funds, 1824
those powers and duties shall be construed as vested in the 1825
division of unclaimed funds. The division of unclaimed funds shall 1826
be under the control and supervision of the director of commerce 1827
and shall be administered by the superintendent of unclaimed 1828
funds. The superintendent of unclaimed funds shall exercise the 1829
powers and perform the functions and duties delegated to the 1830
superintendent by the director of commerce under section 121.07 1831
and Chapter 169. of the Revised Code, and as may otherwise be 1832
provided by law.1833

       (K) The department of commerce or a division of the 1834
department created by the Revised Code that is acting with 1835
authorization on the department's behalf may request from the 1836
bureau of criminal identification and investigation pursuant to 1837
section 109.572 of the Revised Code, or coordinate with 1838
appropriate federal, state, and local government agencies to 1839
accomplish, criminal records checks for the persons whose 1840
identities are required to be disclosed by an applicant for the 1841
issuance or transfer of a permit, license, certificate of 1842
registration, or certification issued or transferred by the 1843
department or division. At or before the time of making a request 1844
for a criminal records check, the department or division may 1845
require any person whose identity is required to be disclosed by 1846
an applicant for the issuance or transfer of such a license, 1847
permit, certificate of registration, or certification to submit to 1848
the department or division valid fingerprint impressions in a 1849
format and by any media or means acceptable to the bureau of 1850
criminal identification and investigation and, when applicable, 1851
the federal bureau of investigation. The department or division 1852
may cause the bureau of criminal identification and investigation 1853
to conduct a criminal records check through the federal bureau of 1854
investigation only if the person for whom the criminal records 1855
check would be conducted resides or works outside of this state or 1856
has resided or worked outside of this state during the preceding 1857
five years, or if a criminal records check conducted by the bureau 1858
of criminal identification and investigation within this state 1859
indicates that the person may have a criminal record outside of 1860
this state.1861

        In the case of a criminal records check under section 109.572 1862
of the Revised Code, the department or division shall forward to 1863
the bureau of criminal identification and investigation the 1864
requisite form, fingerprint impressions, and fee described in 1865
division (C) of that section. When requested by the department or 1866
division in accordance with this section, the bureau of criminal 1867
identification and investigation shall request from the federal 1868
bureau of investigation any information it has with respect to the 1869
person who is the subject of the requested criminal records check 1870
and shall forward the requisite fingerprint impressions and 1871
information to the federal bureau of investigation for that 1872
criminal records check. After conducting a criminal records check 1873
or receiving the results of a criminal records check from the 1874
federal bureau of investigation, the bureau of criminal 1875
identification and investigation shall provide the results to the 1876
department or division.1877

        The department or division may require any person about whom 1878
a criminal records check is requested to pay to the department or 1879
division the amount necessary to cover the fee charged to the 1880
department or division by the bureau of criminal identification 1881
and investigation under division (C)(3) of section 109.572 of the 1882
Revised Code, including, when applicable, any fee for a criminal 1883
records check conducted by the federal bureau of investigation.1884

       (L) The director of commerce, or the director's designee, may 1885
adopt rules to enhance compliance with statutes pertaining to, and 1886
rules adopted by, divisions under the direction, supervision, and 1887
control of the department or director by offering incentive-based 1888
programs that ensure safety and soundness while promoting growth 1889
and prosperity in the state.1890

       Sec. 122.121.  (A) If a local organizing committee, endorsing 1891
municipality, or endorsing county enters into a joinder 1892
undertaking with a site selection organization, the local 1893
organizing committee, endorsing municipality, or endorsing county 1894
may apply to the director of development services, on a form and 1895
in the manner prescribed by the director, for a grant based on the 1896
projected incremental increase in the receipts from the tax 1897
imposed under section 5739.02 of the Revised Code within the 1898
market area designated under division (C) of this section, for the 1899
two-week period that ends at the end of the day after the date on 1900
which a game will be held, that is directly attributable, as 1901
determined by the director, to the preparation for and 1902
presentation of the game. The director shall determine the 1903
projected incremental increase in the tax imposed under section 1904
5739.02 of the Revised Code by using a formula approved by the 1905
destination marketing association international for event impact 1906
or another formula of similar purpose approved by the director. 1907
The local organizing committee, endorsing municipality, or 1908
endorsing county is eligible to receive a grant under this section 1909
only if the projected incremental increase in receipts from the 1910
tax imposed under section 5739.02 of the Revised Code, as 1911
determined by the director, exceeds two hundred fifty thousand 1912
dollars. The amount of the grant shall be not less than fifty per 1913
cent of the projected incremental increase in receipts, as 1914
determined by the director, but shall not exceed five hundred 1915
thousand dollars. The director shall not issue grants with a total 1916
value of more than one million dollars in any fiscal year, and 1917
shall not issue any grant before July 1, 2013.1918

       (B) If the director of development services approves an 1919
application for a local organizing committee, endorsing 1920
municipality, or endorsing county and that local organizing 1921
committee, endorsing municipality, or endorsing county enters into 1922
a joinder agreement with a site selection organization, the local 1923
organizing committee, endorsing municipality, or endorsing county 1924
shall file a copy of the joinder agreement with the director of 1925
development, who immediately shall notify the director of budget 1926
and management of the filing. Within thirty days after receiving 1927
the notice, the director of budget and management shall establish 1928
a schedule to disburse from the general revenue fund to such local 1929
organizing committee, endorsing municipality, or endorsing county 1930
payments that total the amount certified by the director of 1931
development under division (A) of this section, but in no event 1932
shall the total amount disbursed exceed five hundred thousand 1933
dollars, and no disbursement shall be made before July 1, 2013. 1934
The paymentsgrant shall be used exclusively by the local 1935
organizing committee, endorsing municipality, or endorsing county 1936
to fulfill a portion of its obligations to a site selection 1937
organization under game support contracts, which obligations may 1938
include the payment of costs relating to the preparations 1939
necessary for the conduct of the game, including acquiring, 1940
renovating, or constructing facilities; to pay the costs of 1941
conducting the game; and to assist the local organizing committee, 1942
endorsing municipality, or endorsing county in providing 1943
assurances required by a site selection organization sponsoring 1944
one or more games.1945

       (C) For the purposes of division (A) of this section, the 1946
director of development services, in consultation with the tax 1947
commissioner, shall designate the market area for a game. The 1948
market area shall consist of the combined statistical area, as 1949
defined by the United States office of management and budget, in 1950
which an endorsing municipality or endorsing county is located. 1951

       (D) A local organizing committee, endorsing municipality, or 1952
endorsing county shall provide information required by the 1953
director of development services and tax commissioner to enable 1954
the director and commissioner to fulfill their duties under this 1955
section, including annual audited statements of any financial 1956
records required by a site selection organization and data 1957
obtained by the local organizing committee, endorsing 1958
municipality, or endorsing county relating to attendance at a game 1959
and to the economic impact of the game. A local organizing 1960
committee, an endorsing municipality, or an endorsing county shall 1961
provide an annual audited financial statement if so required by 1962
the director and commissioner, not later than the end of the 1963
fourth month after the date the period covered by the financial 1964
statement ends.1965

       (E) Within thirty days after the game, the local organizing 1966
committee, endorsing municipality, or endorsing county shall 1967
report to the director of development services about the economic 1968
impact of the game. The report shall be in the form and substance 1969
required by the director, including, but not limited to, a final 1970
income statement for the event showing total revenue and 1971
expenditures and revenue and expenditures in the market area for 1972
the game, and ticket sales for the game and any related activities 1973
for which admission was charged. The director of development shall 1974
determine, based on the reported information and the exercise of 1975
reasonable judgment, the incremental increase in receipts from the 1976
tax imposed under section 5739.02 of the Revised Code directly 1977
attributable to the game. If the actual incremental increase in 1978
such receipts is less than the projected incremental increase in 1979
receipts, the director may require the local organizing committee, 1980
endorsing municipality, or endorsing county to refund to the state 1981
all or a portion of the grant.1982

       (F) No disbursement may be made under this section if the 1983
director of development services determines that it would be used 1984
for the purpose of soliciting the relocation of a professional 1985
sports franchise located in this state.1986

       (G) This section may not be construed as creating or 1987
requiring a state guarantee of obligations imposed on an endorsing 1988
municipality or endorsing county under a game support contract or 1989
any other agreement relating to hosting one or more games in this 1990
state.1991

       Sec. 122.136.  The director of development services shall 1992
prepare and submit a report to the governor and the general 1993
assembly annually on or before the first day of FebruaryAugust of 1994
the services and activities of the employee ownership assistance 1995
program for the preceding calendar year. The director shall 1996
include in the report information regarding the number, names, and 1997
locations of business establishments that have been or likely will 1998
be assisted as employee-owned corporations; recommendations on how 1999
to better operate the program; information regarding the 2000
effectiveness of the program in maintaining and improving 2001
employment in the state; and the number of individuals affected by 2002
the activities of the program.2003

       Sec. 122.17.  (A) As used in this section:2004

       (1) "Income tax revenue" means the total amount withheld 2005
under section 5747.06 of the Revised Code by the taxpayer during 2006
the taxable year, or during the calendar year that includes the 2007
tax period, from the compensation of each employee or each 2008
home-based employee employed in the project to the extent the 2009
employee's withholdings are not used to determine the credit under 2010
section 122.171 of the Revised Code. "Income tax revenue" excludes 2011
amounts withheld before the day the taxpayer becomes eligible for 2012
the credit.2013

       (2) "Baseline income tax revenue" means income tax revenue 2014
except that the applicable withholding period is the twelve months 2015
immediately preceding the date the tax credit authority approves 2016
the taxpayer's application or the date the tax credit authority 2017
receives the recommendation described in division (C)(2)(a) of 2018
this section, whichever occurs first, multiplied by the sum of one 2019
plus an annual pay increase factor to be determined by the tax 2020
credit authority. If the taxpayer becomes eligible for the credit 2021
after the first day of the taxpayer's taxable year or after the 2022
first day of the calendar year that includes the tax period, the 2023
taxpayer's baseline income tax revenue for the first such taxable 2024
or calendar year of credit eligibility shall be reduced in 2025
proportion to the number of days during the taxable or calendar 2026
year for which the taxpayer was not eligible for the credit. For 2027
subsequent taxable or calendar years, "baseline income tax 2028
revenue" equals the unreduced baseline income tax revenue for the 2029
preceding taxable or calendar year multiplied by the sum of one 2030
plus the pay increase factor.2031

       (3) "Excess income tax revenue" means income tax revenue 2032
minus baseline income tax revenue.2033

       (4) "Home-based employee" means an employee whose services 2034
are performed primarily from the employee's residence in this 2035
state exclusively for the benefit of the project and whose rate of 2036
pay is at least one hundred thirty-one per cent of the federal 2037
minimum wage under 29 U.S.C. 206. 2038

       (B) The tax credit authority may make grants under this 2039
section to foster job creation in this state. Such a grant shall 2040
take the form of a refundable credit allowed against the tax 2041
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, or 2042
5747.02 or levied under Chapter 5751. of the Revised Code. The 2043
credit shall be claimed for the taxable years or tax periods 2044
specified in the taxpayer's agreement with the tax credit 2045
authority under division (D) of this section. With respect to 2046
taxes imposed under section 5726.02, 5733.06, or 5747.02 or 2047
Chapter 5751. of the Revised Code, the credit shall be claimed in 2048
the order required under section 5726.98, 5733.98, 5747.98, or 2049
5751.98 of the Revised Code. The amount of the credit available 2050
for a taxable year or for a calendar year that includes a tax 2051
period equals the excess income tax revenue for that year 2052
multiplied by the percentage specified in the agreement with the 2053
tax credit authority. Any credit granted under this section 2054
against the tax imposed by section 5733.06 or 5747.02 of the 2055
Revised Code, to the extent not fully utilized against such tax 2056
for taxable years ending prior to 2008, shall automatically be 2057
converted without any action taken by the tax credit authority to 2058
a credit against the tax levied under Chapter 5751. of the Revised 2059
Code for tax periods beginning on or after July 1, 2008, provided 2060
that the person to whom the credit was granted is subject to such 2061
tax. The converted credit shall apply to those calendar years in 2062
which the remaining taxable years specified in the agreement end.2063

       (C)(1) A taxpayer or potential taxpayer who proposes a 2064
project to create new jobs in this state may apply to the tax 2065
credit authority to enter into an agreement for a tax credit under 2066
this section. 2067

       An application shall not propose to include both home-based 2068
employees and employees who are not home-based employees in the 2069
computation of income tax revenue for the purposes of the same tax 2070
credit agreement. If a taxpayer or potential taxpayer employs both 2071
home-based employees and employees who are not home-based 2072
employees in a project, the taxpayer shall submit separate 2073
applications for separate tax credit agreements for the project, 2074
one of which shall include home-based employees in the computation 2075
of income tax revenue and one of which shall include all other 2076
employees in the computation of income tax revenue.2077

       The director of development services shall prescribe the form 2078
of the application. After receipt of an application, the authority 2079
may enter into an agreement with the taxpayer for a credit under 2080
this section if it determines all of the following:2081

       (a) The taxpayer's project will increase payroll and income 2082
tax revenue;2083

       (b) The taxpayer's project is economically sound and will 2084
benefit the people of this state by increasing opportunities for 2085
employment and strengthening the economy of this state;2086

       (c) Receiving the tax credit is a major factor in the 2087
taxpayer's decision to go forward with the project.2088

       (2)(a) A taxpayer that chooses to begin the project prior to 2089
receiving the determination of the authority may, upon submitting 2090
the taxpayer's application to the authority, request that the 2091
chief investment officer of the nonprofit corporation formed under 2092
section 187.01 of the Revised Code and the director review the 2093
taxpayer's application and recommend to the authority that the 2094
taxpayer's application be considered. As soon as possible after 2095
receiving such a request, the chief investment officer and the 2096
director shall review the taxpayer's application and, if they 2097
determine that the application warrants consideration by the 2098
authority, make that recommendation to the authority not later 2099
than six months after the application is received by the 2100
authority.2101

       (b) The authority shall consider any taxpayer's application 2102
for which it receives a recommendation under division (C)(2)(a) of 2103
this section. If the authority determines that the taxpayer does 2104
not meet all of the criteria set forth in division (C)(1) of this 2105
section, the authority and the development services agency shall 2106
proceed in accordance with rules adopted by the director pursuant 2107
to division (I) of this section.2108

       (D) An agreement under this section shall include all of the 2109
following:2110

       (1) A detailed description of the project that is the subject 2111
of the agreement;2112

       (2)(a) The term of the tax credit, which, except as provided 2113
in division (D)(2)(b) of this section, shall not exceed fifteen 2114
years, and the first taxable year, or first calendar year that 2115
includes a tax period, for which the credit may be claimed;2116

       (b) If the tax credit is computed on the basis of home-based 2117
employees, the term of the credit shall expire on or before the 2118
last day of the taxable or calendar year ending before the 2119
beginning of the seventh year after September 6, 2012, the 2120
effective date of H.B. 327 of the 129th general assembly.2121

       (3) A requirement that the taxpayer shall maintain operations 2122
at the project location for at least the greater of seven years or 2123
the term of the credit plus three years;2124

       (4) The percentage, as determined by the tax credit 2125
authority, of excess income tax revenue that will be allowed as 2126
the amount of the credit for each taxable year or for each 2127
calendar year that includes a tax period;2128

       (5) The pay increase factor to be applied to the taxpayer's 2129
baseline income tax revenue;2130

       (6) A requirement that the taxpayer annually shall report to 2131
the director of development services employment, tax withholding, 2132
investment, the provision of health care benefits and tuition 2133
reimbursement if required in the agreement, and other information 2134
the director needs to perform the director's duties under this 2135
section;2136

       (7) A requirement that the director of development services 2137
annually review the information reported under division (D)(6) of 2138
this section and verify compliance with the agreement; if the 2139
taxpayer is in compliance, a requirement that the director issue a 2140
certificate to the taxpayer stating that the information has been 2141
verified and identifying the amount of the credit that may be 2142
claimed for the taxable or calendar year;2143

       (8) A provision providing that the taxpayer may not relocate 2144
a substantial number of employment positions from elsewhere in 2145
this state to the project location unless the director of 2146
development services determines that the legislative authority of 2147
the county, township, or municipal corporation from which the 2148
employment positions would be relocated has been notified by the 2149
taxpayer of the relocation.2150

       For purposes of this section, the movement of an employment 2151
position from one political subdivision to another political 2152
subdivision shall be considered a relocation of an employment 2153
position unless the employment position in the first political 2154
subdivision is replaced.2155

       (9) If the tax credit is computed on the basis of home-based 2156
employees, that the tax credit may not be claimed by the taxpayer 2157
until the taxable year or tax period in which the taxpayer employs 2158
at least two hundred employees more than the number of employees 2159
the taxpayer employed on June 30, 2011.2160

       (E) If a taxpayer fails to meet or comply with any condition 2161
or requirement set forth in a tax credit agreement, the tax credit 2162
authority may amend the agreement to reduce the percentage or term 2163
of the tax credit. The reduction of the percentage or term may 2164
take effect in the current taxable or calendar year.2165

       (F) Projects that consist solely of point-of-final-purchase 2166
retail facilities are not eligible for a tax credit under this 2167
section. If a project consists of both point-of-final-purchase 2168
retail facilities and nonretail facilities, only the portion of 2169
the project consisting of the nonretail facilities is eligible for 2170
a tax credit and only the excess income tax revenue from the 2171
nonretail facilities shall be considered when computing the amount 2172
of the tax credit. If a warehouse facility is part of a 2173
point-of-final-purchase retail facility and supplies only that 2174
facility, the warehouse facility is not eligible for a tax credit. 2175
Catalog distribution centers are not considered 2176
point-of-final-purchase retail facilities for the purposes of this 2177
division, and are eligible for tax credits under this section.2178

       (G) Financial statements and other information submitted to 2179
the development services agency or the tax credit authority by an 2180
applicant or recipient of a tax credit under this section, and any 2181
information taken for any purpose from such statements or 2182
information, are not public records subject to section 149.43 of 2183
the Revised Code. However, the chairperson of the authority may 2184
make use of the statements and other information for purposes of 2185
issuing public reports or in connection with court proceedings 2186
concerning tax credit agreements under this section. Upon the 2187
request of the tax commissioner or, if the applicant or recipient 2188
is an insurance company, upon the request of the superintendent of 2189
insurance, the chairperson of the authority shall provide to the 2190
commissioner or superintendent any statement or information 2191
submitted by an applicant or recipient of a tax credit in 2192
connection with the credit. The commissioner or superintendent 2193
shall preserve the confidentiality of the statement or 2194
information.2195

       (H) A taxpayer claiming a credit under this section shall 2196
submit to the tax commissioner or, if the taxpayer is an insurance 2197
company, to the superintendent of insurance, a copy of the 2198
director of development services' certificate of verification 2199
under division (D)(7) of this section with the taxpayer's tax 2200
report or return for the taxable year or for the calendar year 2201
that includes the tax period. Failure to submit a copy of the 2202
certificate with the report or return does not invalidate a claim 2203
for a credit if the taxpayer submits a copy of the certificate to 2204
the commissioner or superintendent within sixty days after the 2205
commissioner or superintendent requests it.2206

       (I) The director of development services, after consultation 2207
with the tax commissioner and the superintendent of insurance and 2208
in accordance with Chapter 119. of the Revised Code, shall adopt 2209
rules necessary to implement this section, including rules that 2210
establish a procedure to be followed by the tax credit authority 2211
and the development services agency in the event the authority 2212
considers a taxpayer's application for which it receives a 2213
recommendation under division (C)(2)(a) of this section but does 2214
not approve it. The rules may provide for recipients of tax 2215
credits under this section to be charged fees to cover 2216
administrative costs of the tax credit program. The fees collected 2217
shall be credited to the business assistance fund created in 2218
section 122.174 of the Revised Code. At the time the director 2219
gives public notice under division (A) of section 119.03 of the 2220
Revised Code of the adoption of the rules, the director shall 2221
submit copies of the proposed rules to the chairpersons of the 2222
standing committees on economic development in the senate and the 2223
house of representatives.2224

       (J) For the purposes of this section, a taxpayer may include 2225
a partnership, a corporation that has made an election under 2226
subchapter S of chapter one of subtitle A of the Internal Revenue 2227
Code, or any other business entity through which income flows as a 2228
distributive share to its owners. A partnership, S-corporation, or 2229
other such business entity may elect to pass the credit received 2230
under this section through to the persons to whom the income or 2231
profit of the partnership, S-corporation, or other entity is 2232
distributed. The election shall be made on the annual report 2233
required under division (D)(6) of this section. The election 2234
applies to and is irrevocable for the credit for which the report 2235
is submitted. If the election is made, the credit shall be 2236
apportioned among those persons in the same proportions as those 2237
in which the income or profit is distributed.2238

       (K) If the director of development services determines that a 2239
taxpayer who has received a credit under this section is not 2240
complying with the requirement under division (D)(3) of this 2241
section, the director shall notify the tax credit authority of the 2242
noncompliance. After receiving such a notice, and after giving the 2243
taxpayer an opportunity to explain the noncompliance, the tax 2244
credit authority may require the taxpayer to refund to this state 2245
a portion of the credit in accordance with the following:2246

       (1) If the taxpayer maintained operations at the project 2247
location for a period less than or equal to the term of the 2248
credit, an amount not exceeding one hundred per cent of the sum of 2249
any credits allowed and received under this section;2250

       (2) If the taxpayer maintained operations at the project 2251
location for a period longer than the term of the credit, but less 2252
than the greater of seven years or the term of the credit plus 2253
three years, an amount not exceeding seventy-five per cent of the 2254
sum of any credits allowed and received under this section.2255

       In determining the portion of the tax credit to be refunded 2256
to this state, the tax credit authority shall consider the effect 2257
of market conditions on the taxpayer's project and whether the 2258
taxpayer continues to maintain other operations in this state. 2259
After making the determination, the authority shall certify the 2260
amount to be refunded to the tax commissioner or superintendent of 2261
insurance, as appropriate. If the amount is certified to the 2262
commissioner, the commissioner shall make an assessment for that 2263
amount against the taxpayer under Chapter 5726., 5733., 5736.,2264
5747., or 5751. of the Revised Code. If the amount is certified to 2265
the superintendent, the superintendent shall make an assessment 2266
for that amount against the taxpayer under Chapter 5725. or 5729. 2267
of the Revised Code. The time limitations on assessments under 2268
those chapters do not apply to an assessment under this division, 2269
but the commissioner or superintendent, as appropriate, shall make 2270
the assessment within one year after the date the authority 2271
certifies to the commissioner or superintendent the amount to be 2272
refunded.2273

       (L) On or before the first day of August each year, the 2274
director of development services shall submit a report to the 2275
governor, the president of the senate, and the speaker of the 2276
house of representatives on the tax credit program under this 2277
section. The report shall include information on the number of 2278
agreements that were entered into under this section during the 2279
preceding calendar year, a description of the project that is the 2280
subject of each such agreement, and an update on the status of 2281
projects under agreements entered into before the preceding 2282
calendar year.2283

       (M) There is hereby created the tax credit authority, which 2284
consists of the director of development services and four other 2285
members appointed as follows: the governor, the president of the 2286
senate, and the speaker of the house of representatives each shall 2287
appoint one member who shall be a specialist in economic 2288
development; the governor also shall appoint a member who is a 2289
specialist in taxation. Of the initial appointees, the members 2290
appointed by the governor shall serve a term of two years; the 2291
members appointed by the president of the senate and the speaker 2292
of the house of representatives shall serve a term of four years. 2293
Thereafter, terms of office shall be for four years. Initial 2294
appointments to the authority shall be made within thirty days 2295
after January 13, 1993. Each member shall serve on the authority 2296
until the end of the term for which the member was appointed. 2297
Vacancies shall be filled in the same manner provided for original 2298
appointments. Any member appointed to fill a vacancy occurring 2299
prior to the expiration of the term for which the member's 2300
predecessor was appointed shall hold office for the remainder of 2301
that term. Members may be reappointed to the authority. Members of 2302
the authority shall receive their necessary and actual expenses 2303
while engaged in the business of the authority. The director of 2304
development services shall serve as chairperson of the authority, 2305
and the members annually shall elect a vice-chairperson from among 2306
themselves. Three members of the authority constitute a quorum to 2307
transact and vote on the business of the authority. The majority 2308
vote of the membership of the authority is necessary to approve 2309
any such business, including the election of the vice-chairperson.2310

       The director of development services may appoint a 2311
professional employee of the development services agency to serve 2312
as the director's substitute at a meeting of the authority. The 2313
director shall make the appointment in writing. In the absence of 2314
the director from a meeting of the authority, the appointed 2315
substitute shall serve as chairperson. In the absence of both the 2316
director and the director's substitute from a meeting, the 2317
vice-chairperson shall serve as chairperson.2318

       (N) For purposes of the credits granted by this section 2319
against the taxes imposed under sections 5725.18 and 5729.03 of 2320
the Revised Code, "taxable year" means the period covered by the 2321
taxpayer's annual statement to the superintendent of insurance.2322

       (O) On or before the first day of March of each of the five 2323
calendar years beginning with 2014, each taxpayer subject to an 2324
agreement with the tax credit authority under this section on the 2325
basis of home-based employees shall report the number of 2326
home-based employees and other employees employed by the taxpayer 2327
in this state to the development services agency.2328

       (P) On or before the first day of January of 2019, the 2329
director of development services shall submit a report to the 2330
governor, the president of the senate, and the speaker of the 2331
house of representatives on the effect of agreements entered into 2332
under this section in which the taxpayer included home-based 2333
employees in the computation of income tax revenue. The report 2334
shall include information on the number of such agreements that 2335
were entered into in the preceding six years, a description of the 2336
projects that were the subjects of such agreements, and an 2337
analysis of nationwide home-based employment trends, including the 2338
number of home-based jobs created from July 1, 2011, through June 2339
30, 2017, and a description of any home-based employment tax 2340
incentives provided by other states during that time.2341

       (Q) The director of development services may require any 2342
agreement entered into under this section for a tax credit 2343
computed on the basis of home-based employees to contain a 2344
provision that the taxpayer makes available health care benefits 2345
and tuition reimbursement to all employees.2346

       Sec. 122.171. (A) As used in this section:2347

       (1) "Capital investment project" means a plan of investment 2348
at a project site for the acquisition, construction, renovation, 2349
or repair of buildings, machinery, or equipment, or for 2350
capitalized costs of basic research and new product development 2351
determined in accordance with generally accepted accounting 2352
principles, but does not include any of the following:2353

       (a) Payments made for the acquisition of personal property 2354
through operating leases;2355

       (b) Project costs paid before January 1, 2002;2356

       (c) Payments made to a related member as defined in section 2357
5733.042 of the Revised Code or to a consolidated elected taxpayer 2358
or a combined taxpayer as defined in section 5751.01 of the 2359
Revised Code.2360

       (2) "Eligible business" means a taxpayer and its related 2361
members with Ohio operations satisfying all of the following:2362

       (a) The taxpayer employs at least five hundred full-time 2363
equivalent employees or has an annual payroll of at least 2364
thirty-five million dollars at the time the tax credit authority 2365
grants the tax credit under this section;2366

       (b) The taxpayer makes or causes to be made payments for the 2367
capital investment project of one of the following:2368

       (i) If the taxpayer is engaged at the project site primarily 2369
as a manufacturer, at least fifty million dollars in the aggregate 2370
at the project site during a period of three consecutive calendar 2371
years, including the calendar year that includes a day of the 2372
taxpayer's taxable year or tax period with respect to which the 2373
credit is granted;2374

       (ii) If the taxpayer is engaged at the project site primarily 2375
in significant corporate administrative functions, as defined by 2376
the director of development services by rule, at least twenty 2377
million dollars in the aggregate at the project site during a 2378
period of three consecutive calendar years including the calendar 2379
year that includes a day of the taxpayer's taxable year or tax 2380
period with respect to which the credit is granted;2381

       (iii) If the taxpayer is applying to enter into an agreement 2382
for a tax credit authorized under division (B)(3) of this section, 2383
at least five million dollars in the aggregate at the project site 2384
during a period of three consecutive calendar years, including the 2385
calendar year that includes a day of the taxpayer's taxable year 2386
or tax period with respect to which the credit is granted.2387

       (c) The taxpayer had a capital investment project reviewed 2388
and approved by the tax credit authority as provided in divisions 2389
(C), (D), and (E) of this section.2390

       (3) "Full-time equivalent employees" means the quotient 2391
obtained by dividing the total number of hours for which employees 2392
were compensated for employment in the project by two thousand 2393
eighty. "Full-time equivalent employees" shall exclude hours that 2394
are counted for a credit under section 122.17 of the Revised Code.2395

       (4) "Income tax revenue" means the total amount withheld 2396
under section 5747.06 of the Revised Code by the taxpayer during 2397
the taxable year, or during the calendar year that includes the 2398
tax period, from the compensation of all employees employed in the 2399
project whose hours of compensation are included in calculating 2400
the number of full-time equivalent employees.2401

       (5) "Manufacturer" has the same meaning as in section 2402
5739.011 of the Revised Code.2403

       (6) "Project site" means an integrated complex of facilities 2404
in this state, as specified by the tax credit authority under this 2405
section, within a fifteen-mile radius where a taxpayer is 2406
primarily operating as an eligible business.2407

       (7) "Related member" has the same meaning as in section 2408
5733.042 of the Revised Code as that section existed on the 2409
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 2410
general assembly, September 29, 1997.2411

       (8) "Taxable year" includes, in the case of a domestic or 2412
foreign insurance company, the calendar year ending on the 2413
thirty-first day of December preceding the day the superintendent 2414
of insurance is required to certify to the treasurer of state 2415
under section 5725.20 or 5729.05 of the Revised Code the amount of 2416
taxes due from insurance companies.2417

       (B) The tax credit authority created under section 122.17 of 2418
the Revised Code may grant tax credits under this section for the 2419
purpose of fostering job retention in this state. Upon application 2420
by an eligible business and upon consideration of the 2421
recommendation of the director of budget and management, tax 2422
commissioner, the superintendent of insurance in the case of an 2423
insurance company, and director of development services under 2424
division (C) of this section, the tax credit authority may grant 2425
the following credits against the tax imposed by section 5725.18, 2426
5726.02, 5729.03, 5733.06, 5736.02, 5747.02, or 5751.02 of the 2427
Revised Code:2428

       (1) A nonrefundable credit to an eligible business;2429

       (2) A refundable credit to an eligible business meeting the 2430
following conditions, provided that the director of budget and 2431
management, tax commissioner, superintendent of insurance in the 2432
case of an insurance company, and director of development services 2433
have recommended the granting of the credit to the tax credit 2434
authority before July 1, 2011:2435

       (a) The business retains at least one thousand full-time 2436
equivalent employees at the project site.2437

       (b) The business makes or causes to be made payments for a 2438
capital investment project of at least twenty-five million dollars 2439
in the aggregate at the project site during a period of three 2440
consecutive calendar years, including the calendar year that 2441
includes a day of the business' taxable year or tax period with 2442
respect to which the credit is granted.2443

       (c) In 2010, the business received a written offer of 2444
financial incentives from another state of the United States that 2445
the director determines to be sufficient inducement for the 2446
business to relocate the business' operations from this state to 2447
that state.2448

       (3) A refundable credit to an eligible business with a total 2449
annual payroll of at least twenty million dollars, provided that 2450
the tax credit authority grants the tax credit on or after July 1, 2451
2011, and before January 1, 2014.2452

       The credits authorized in divisions (B)(1), (2), and (3) of 2453
this section may be granted for a period up to fifteen taxable 2454
years or, in the case of the tax levied by section 5736.02 or2455
5751.02 of the Revised Code, for a period of up to fifteen 2456
calendar years. The credit amount for a taxable year or a calendar 2457
year that includes the tax period for which a credit may be 2458
claimed equals the income tax revenue for that year multiplied by 2459
the percentage specified in the agreement with the tax credit 2460
authority. The percentage may not exceed seventy-five per cent. 2461
The credit shall be claimed in the order required under section 2462
5725.98, 5726.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the 2463
Revised Code. In determining the percentage and term of the 2464
credit, the tax credit authority shall consider both the number of 2465
full-time equivalent employees and the value of the capital 2466
investment project. The credit amount may not be based on the 2467
income tax revenue for a calendar year before the calendar year in 2468
which the tax credit authority specifies the tax credit is to 2469
begin, and the credit shall be claimed only for the taxable years 2470
or tax periods specified in the eligible business' agreement with 2471
the tax credit authority. In no event shall the credit be claimed 2472
for a taxable year or tax period terminating before the date 2473
specified in the agreement. Any credit granted under this section 2474
against the tax imposed by section 5733.06 or 5747.02 of the 2475
Revised Code, to the extent not fully utilized against such tax 2476
for taxable years ending prior to 2008, shall automatically be 2477
converted without any action taken by the tax credit authority to 2478
a credit against the tax levied under Chapter 5751. of the Revised 2479
Code for tax periods beginning on or after July 1, 2008, provided 2480
that the person to whom the credit was granted is subject to such 2481
tax. The converted credit shall apply to those calendar years in 2482
which the remaining taxable years specified in the agreement end.2483

        If a nonrefundable credit allowed under division (B)(1) of 2484
this section for a taxable year or tax period exceeds the 2485
taxpayer's tax liability for that year or period, the excess may 2486
be carried forward for the three succeeding taxable or calendar 2487
years, but the amount of any excess credit allowed in any taxable 2488
year or tax period shall be deducted from the balance carried 2489
forward to the succeeding year or period. 2490

       (C) A taxpayer that proposes a capital investment project to 2491
retain jobs in this state may apply to the tax credit authority to 2492
enter into an agreement for a tax credit under this section. The 2493
director of development services shall prescribe the form of the 2494
application. After receipt of an application, the authority shall 2495
forward copies of the application to the director of budget and 2496
management, the tax commissioner, the superintendent of insurance 2497
in the case of an insurance company, and the director of 2498
development services, each of whom shall review the application to 2499
determine the economic impact the proposed project would have on 2500
the state and the affected political subdivisions and shall submit 2501
a summary of their determinations and recommendations to the 2502
authority. 2503

       (D) Upon review and consideration of the determinations and 2504
recommendations described in division (C) of this section, the tax 2505
credit authority may enter into an agreement with the taxpayer for 2506
a credit under this section if the authority determines all of the 2507
following:2508

       (1) The taxpayer's capital investment project will result in 2509
the retention of employment in this state.2510

       (2) The taxpayer is economically sound and has the ability to 2511
complete the proposed capital investment project.2512

       (3) The taxpayer intends to and has the ability to maintain 2513
operations at the project site for at least the greater of (a) the 2514
term of the credit plus three years, or (b) seven years.2515

       (4) Receiving the credit is a major factor in the taxpayer's 2516
decision to begin, continue with, or complete the project.2517

       (5) If the taxpayer is applying to enter into an agreement 2518
for a tax credit authorized under division (B)(3) of this section, 2519
the taxpayer's capital investment project will be located in the 2520
political subdivision in which the taxpayer maintains its 2521
principal place of business or maintains a unit or division with 2522
at least four thousand two hundred employees at the project site.2523

       (E) An agreement under this section shall include all of the 2524
following:2525

       (1) A detailed description of the project that is the subject 2526
of the agreement, including the amount of the investment, the 2527
period over which the investment has been or is being made, the 2528
number of full-time equivalent employees at the project site, and 2529
the anticipated income tax revenue to be generated.2530

       (2) The term of the credit, the percentage of the tax credit, 2531
the maximum annual value of tax credits that may be allowed each 2532
year, and the first year for which the credit may be claimed.2533

        (3) A requirement that the taxpayer maintain operations at 2534
the project site for at least the greater of (a) the term of the 2535
credit plus three years, or (b) seven years.2536

       (4)(a) In the case of a credit granted under division (B)(1) 2537
of this section, a requirement that the taxpayer retain at least 2538
five hundred full-time equivalent employees at the project site 2539
and within this state for the entire term of the credit, or a 2540
requirement that the taxpayer maintain an annual payroll of at 2541
least thirty-five million dollars for the entire term of the 2542
credit;2543

        (b) In the case of a credit granted under division (B)(2) of 2544
this section, a requirement that the taxpayer retain at least one 2545
thousand full-time equivalent employees at the project site and 2546
within this state for the entire term of the credit;2547

        (c) In the case of a credit granted under division (B)(3) of 2548
this section, either of the following:2549

        (i) A requirement that the taxpayer retain at least five 2550
hundred full-time equivalent employees at the project site and 2551
within this state for the entire term of the credit and a 2552
requirement that the taxpayer maintain an annual payroll of at 2553
least twenty million dollars for the entire term of the credit;2554

        (ii) A requirement that the taxpayer maintain an annual 2555
payroll of at least thirty-five million dollars for the entire 2556
term of the credit.2557

       (5) A requirement that the taxpayer annually report to the 2558
director of development services employment, tax withholding, 2559
capital investment, and other information the director needs to 2560
perform the director's duties under this section.2561

       (6) A requirement that the director of development services 2562
annually review the annual reports of the taxpayer to verify the 2563
information reported under division (E)(5) of this section and 2564
compliance with the agreement. Upon verification, the director 2565
shall issue a certificate to the taxpayer stating that the 2566
information has been verified and identifying the amount of the 2567
credit for the taxable year or calendar year that includes the tax 2568
period. In determining the number of full-time equivalent 2569
employees, no position shall be counted that is filled by an 2570
employee who is included in the calculation of a tax credit under 2571
section 122.17 of the Revised Code.2572

        (7) A provision providing that the taxpayer may not relocate 2573
a substantial number of employment positions from elsewhere in 2574
this state to the project site unless the director of development 2575
services determines that the taxpayer notified the legislative 2576
authority of the county, township, or municipal corporation from 2577
which the employment positions would be relocated.2578

       For purposes of this section, the movement of an employment 2579
position from one political subdivision to another political 2580
subdivision shall be considered a relocation of an employment 2581
position unless the movement is confined to the project site. The 2582
transfer of an employment position from one political subdivision 2583
to another political subdivision shall not be considered a 2584
relocation of an employment position if the employment position in 2585
the first political subdivision is replaced by another employment 2586
position.2587

       (8) A waiver by the taxpayer of any limitations periods 2588
relating to assessments or adjustments resulting from the 2589
taxpayer's failure to comply with the agreement.2590

       (F) If a taxpayer fails to meet or comply with any condition 2591
or requirement set forth in a tax credit agreement, the tax credit 2592
authority may amend the agreement to reduce the percentage or term 2593
of the credit. The reduction of the percentage or term may take 2594
effect in the current taxable or calendar year.2595

       (G) Financial statements and other information submitted to 2596
the department of development services or the tax credit authority 2597
by an applicant for or recipient of a tax credit under this 2598
section, and any information taken for any purpose from such 2599
statements or information, are not public records subject to 2600
section 149.43 of the Revised Code. However, the chairperson of 2601
the authority may make use of the statements and other information 2602
for purposes of issuing public reports or in connection with court 2603
proceedings concerning tax credit agreements under this section. 2604
Upon the request of the tax commissioner, or the superintendent of 2605
insurance in the case of an insurance company, the chairperson of 2606
the authority shall provide to the commissioner or superintendent 2607
any statement or other information submitted by an applicant for 2608
or recipient of a tax credit in connection with the credit. The 2609
commissioner or superintendent shall preserve the confidentiality 2610
of the statement or other information.2611

       (H) A taxpayer claiming a tax credit under this section shall 2612
submit to the tax commissioner or, in the case of an insurance 2613
company, to the superintendent of insurance, a copy of the 2614
director of development services' certificate of verification 2615
under division (E)(6) of this section with the taxpayer's tax 2616
report or return for the taxable year or for the calendar year 2617
that includes the tax period. Failure to submit a copy of the 2618
certificate with the report or return does not invalidate a claim 2619
for a credit if the taxpayer submits a copy of the certificate to 2620
the commissioner or superintendent within sixty days after the 2621
commissioner or superintendent requests it.2622

       (I) For the purposes of this section, a taxpayer may include 2623
a partnership, a corporation that has made an election under 2624
subchapter S of chapter one of subtitle A of the Internal Revenue 2625
Code, or any other business entity through which income flows as a 2626
distributive share to its owners. A partnership, S-corporation, or 2627
other such business entity may elect to pass the credit received 2628
under this section through to the persons to whom the income or 2629
profit of the partnership, S-corporation, or other entity is 2630
distributed. The election shall be made on the annual report 2631
required under division (E)(5) of this section. The election 2632
applies to and is irrevocable for the credit for which the report 2633
is submitted. If the election is made, the credit shall be 2634
apportioned among those persons in the same proportions as those 2635
in which the income or profit is distributed.2636

       (J) If the director of development services determines that a 2637
taxpayer that received a certificate under division (E)(6) of this 2638
section is not complying with the requirement under division 2639
(E)(3) of this section, the director shall notify the tax credit 2640
authority of the noncompliance. After receiving such a notice, and 2641
after giving the taxpayer an opportunity to explain the 2642
noncompliance, the authority may terminate the agreement and 2643
require the taxpayer, or any related member or members that 2644
claimed the tax credit under division (N) of this section, to 2645
refund to the state all or a portion of the credit claimed in 2646
previous years, as follows:2647

        (1) If the taxpayer maintained operations at the project site 2648
for less than or equal to the term of the credit, an amount not to 2649
exceed one hundred per cent of the sum of any tax credits allowed 2650
and received under this section.2651

        (2) If the taxpayer maintained operations at the project site 2652
longer than the term of the credit, but less than the greater of 2653
(a) the term of the credit plus three years, or (b) seven years, 2654
the amount required to be refunded shall not exceed seventy-five 2655
per cent of the sum of any tax credits allowed and received under 2656
this section.2657

       In determining the portion of the credit to be refunded to 2658
this state, the authority shall consider the effect of market 2659
conditions on the taxpayer's project and whether the taxpayer 2660
continues to maintain other operations in this state. After making 2661
the determination, the authority shall certify the amount to be 2662
refunded to the tax commissioner or the superintendent of 2663
insurance. If the taxpayer, or any related member or members who 2664
claimed the tax credit under division (N) of this section, is not 2665
an insurance company, the commissioner shall make an assessment 2666
for that amount against the taxpayer under Chapter 5726., 5733., 2667
5736., 5747., or 5751. of the Revised Code. If the taxpayer, or 2668
any related member or members that claimed the tax credit under 2669
division (N) of this section, is an insurance company, the 2670
superintendent of insurance shall make an assessment under section 2671
5725.222 or 5729.102 of the Revised Code. The time limitations on 2672
assessments under those chapters and sections do not apply to an 2673
assessment under this division, but the commissioner or 2674
superintendent shall make the assessment within one year after the 2675
date the authority certifies to the commissioner or superintendent 2676
the amount to be refunded.2677

       (K) The director of development services, after consultation 2678
with the tax commissioner and the superintendent of insurance and 2679
in accordance with Chapter 119. of the Revised Code, shall adopt 2680
rules necessary to implement this section. The rules may provide 2681
for recipients of tax credits under this section to be charged 2682
fees to cover administrative costs of the tax credit program. The 2683
fees collected shall be credited to the business assistance fund 2684
created in section 122.174 of the Revised Code. At the time the 2685
director gives public notice under division (A) of section 119.03 2686
of the Revised Code of the adoption of the rules, the director 2687
shall submit copies of the proposed rules to the chairpersons of 2688
the standing committees on economic development in the senate and 2689
the house of representatives.2690

       (L) On or before the first day of August of each year, the 2691
director of development services shall submit a report to the 2692
governor, the president of the senate, and the speaker of the 2693
house of representatives on the tax credit program under this 2694
section. The report shall include information on the number of 2695
agreements that were entered into under this section during the 2696
preceding calendar year, a description of the project that is the 2697
subject of each such agreement, and an update on the status of 2698
projects under agreements entered into before the preceding 2699
calendar year.2700

       (M)(1) The aggregate amount of tax credits issued under 2701
division (B)(1) of this section during any calendar year for 2702
capital investment projects reviewed and approved by the tax 2703
credit authority may not exceed the following amounts:2704

       (a) For 2010, thirteen million dollars;2705

       (b) For 2011 through 2023, the amount of the limit for the 2706
preceding calendar year plus thirteen million dollars;2707

       (c) For 2024 and each year thereafter, one hundred 2708
ninety-five million dollars.2709

       (2) The aggregate amount of tax credits authorized under 2710
divisions (B)(2) and (3) of this section and allowed to be claimed 2711
by taxpayers in any calendar year for capital improvement projects 2712
reviewed and approved by the tax credit authority in 2011, 2012, 2713
and 2013 combined shall not exceed twenty-five million dollars. An 2714
amount equal to the aggregate amount of credits first authorized 2715
in calendar year 2011, 2012, and 2013 may be claimed over the 2716
ensuing period up to fifteen years, subject to the terms of 2717
individual tax credit agreements.2718

       The limitations in division (M) of this section do not apply 2719
to credits for capital investment projects approved by the tax 2720
credit authority before July 1, 2009.2721

       (N) This division applies only to an eligible business that 2722
is part of an affiliated group that includes a diversified savings 2723
and loan holding company or a grandfathered unitary savings and 2724
loan holding company, as those terms are defined in section 2725
5726.01 of the Revised Code. Notwithstanding any contrary 2726
provision of the agreement between such an eligible business and 2727
the tax credit authority, any credit granted under this section 2728
against the tax imposed by section 5725.18, 5729.03, 5733.06, 2729
5747.02, or 5751.02 of the Revised Code to the eligible business, 2730
at the election of the eligible business and without any action by 2731
the tax credit authority, may be shared with any member or members 2732
of the affiliated group that includes the eligible business, which 2733
member or members may claim the credit against the taxes imposed 2734
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 2735
of the Revised Code. Credits shall be claimed by the eligible 2736
business in sequential order, as applicable, first claiming the 2737
credits to the fullest extent possible against the tax that the 2738
certificate holder is subject to, then against the tax imposed by, 2739
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and 2740
lastly 5726.02 of the Revised Code. The credits may be allocated 2741
among the members of the affiliated group in such manner as the 2742
eligible business elects, but subject to the sequential order 2743
required under this division. This division applies to credits 2744
granted before, on, or after March 27, 2013, the effective date of 2745
H.B. 510 of the 129th general assembly. Credits granted before 2746
that effective date that are shared and allocated under this 2747
division may be claimed in those calendar years in which the 2748
remaining taxable years specified in the agreement end.2749

       As used in this division, "affiliated group" means a group of 2750
two or more persons with fifty per cent or greater of the value of 2751
each person's ownership interests owned or controlled directly, 2752
indirectly, or constructively through related interests by common 2753
owners during all or any portion of the taxable year, and the 2754
common owners. "Affiliated group" includes, but is not limited to, 2755
any person eligible to be included in a consolidated elected 2756
taxpayer group under section 5751.011 of the Revised Code or a 2757
combined taxpayer group under section 5751.012 of the Revised 2758
Code.2759

       Sec. 122.21.  In administering the urban and rural initiative 2760
grant program created under section 122.20 of the Revised Code, 2761
the director of development services shall do all of the 2762
following:2763

       (A) Annually designate, by the first day of January of each 2764
year, the entities that constitute the eligible areas in this 2765
state;2766

       (B) Adopt rules in accordance with Chapter 119. of the 2767
Revised Code establishing procedures and forms by which eligible 2768
applicants in eligible areas may apply for a grant, which 2769
procedures shall include a requirement that the applicant file a 2770
redevelopment plan; standards and procedures for reviewing 2771
applications and awarding grants; procedures for distributing 2772
grants to recipients; procedures for monitoring the use of grants 2773
by recipients; requirements, procedures, and forms by which 2774
recipients who have received grants shall report their use of that 2775
assistance; and standards and procedures for terminating and 2776
requiring repayment of grants in the event of their improper use. 2777
The rules adopted under this division shall comply with sections 2778
122.19 to 122.22 of the Revised Code and shall include a rule 2779
requiring that an eligible applicant who receives a grant from the 2780
program provide a matching contribution of at least twenty-five 2781
per cent of the amount of the grant awarded to the eligible 2782
applicant.2783

       The rules shall require that any eligible applicant for a 2784
grant for land acquisition demonstrate to the director that the 2785
property to be acquired meets all state environmental requirements 2786
and that utilities for that property are available and adequate. 2787
The rules shall require that any eligible applicant for a grant 2788
for property eligible for the voluntary action program created 2789
under Chapter 3746. of the Revised Code receive disbursement of 2790
grant moneys only after receiving a covenant not to sue from the 2791
director of environmental protection under section 3746.12 of the 2792
Revised Code and shall require that those moneys be disbursed only 2793
as reimbursement of actual expenses incurred in the undertaking of 2794
the voluntary action. The rules shall require that whenever any 2795
money is granted for land acquisition, infrastructure 2796
improvements, or renovation of existing structures in order to 2797
develop an industrial park site for a distressed area, labor 2798
surplus area, or situational distress area as defined in section 2799
122.19 of the Revised Code that also is a distressed area, labor 2800
surplus area, or situational distress area as defined in section 2801
122.23 of the Revised Code, a substantial portion of the site be 2802
used for manufacturing, distribution, high technology, research 2803
and development, or other businesses in which a majority of the 2804
product or service produced is exported out of the state. Any 2805
retail use at the site shall not constitute a primary use but only 2806
a use incidental to other eligible uses. The rules shall require 2807
that whenever any money is granted for land acquisition, 2808
infrastructure improvements, and renovation of existing structures 2809
in order to develop an industrial park site for a distressed area, 2810
labor surplus area, or situational distress area as defined in 2811
section 122.19 of the Revised Code that also is a distressed area, 2812
labor surplus area, or situational distress area as defined in 2813
section 122.23 of the Revised Code, the applicant for the grant 2814
shall verify to the department of development services agency the 2815
existence of a local economic development planning committee in a 2816
municipal corporation, county, or township whose territory 2817
includes the eligible area. The committee shall consist of members 2818
of the public and private sectors who live in that municipal 2819
corporation, county, or township. The local economic development 2820
planning committee shall prepare and submit to the department2821
agency a five-year economic development plan for that municipal 2822
corporation, county, or township that identifies, for the 2823
five-year period covered by the plan, the economic development 2824
strategies of a municipal corporation, county, or township whose 2825
territory includes the proposed industrial park site. The economic 2826
development plan shall describe in detail how the proposed 2827
industrial park would complement other current or planned economic 2828
development programs for that municipal corporation, county, or 2829
township, including, but not limited to, workforce development 2830
initiatives, business retention and expansion efforts, small 2831
business development programs, and technology modernization 2832
programs.2833

       (C) Report to the governor, president of the senate, speaker 2834
of the house of representatives, and minority leaders of the 2835
senate and the house of representatives by the thirtiethfirst day 2836
of JuneAugust of each year on the activities carried out under 2837
the program during the preceding calendar year. The report shall 2838
include the total number of grants made that year, and, for each 2839
individual grant awarded, the following: the amount and recipient, 2840
the eligible applicant, the purpose for awarding the grant, the 2841
number of firms or businesses operating at the awarded site, the 2842
number of employees employed by each firm or business, any excess 2843
capacity at an industrial park site, and any additional 2844
information the director declares to be relevant.2845

       (D) Inform local governments and others in the state of the 2846
availability of grants under section 122.20 of the Revised Code;2847

       (E) Annually compile, pursuant to rules adopted by the 2848
director of development services in accordance with Chapter 119. 2849
of the Revised Code, using pertinent information submitted by any 2850
municipal corporation, county, or township, a list of industrial 2851
parks located in the state. The list shall include the following 2852
information, expressed if possible in terms specified in the 2853
director's rules adopted under this division: location of each 2854
industrial park site, total acreage of each park site, total 2855
occupancy of each park site, total capacity for new business at 2856
each park site, total capacity of each park site for sewer, water, 2857
and electricity, a contact person for each park site, and any 2858
additional information the director declares to be relevant. Once 2859
the list is compiled, the director shall make it available to the 2860
governor, president of the senate, speaker of the house of 2861
representatives, and minority leaders of the senate and the house 2862
of representatives.2863

       Sec. 122.25.  (A) In administering the program established 2864
under section 122.24 of the Revised Code, the director of 2865
development services shall do all of the following:2866

       (1) Annually designate, by the first day of January of each 2867
year, the entities that constitute the eligible areas in this 2868
state as defined in section 122.23 of the Revised Code;2869

       (2) Inform local governments and others in the state of the 2870
availability of the program and financial assistance established 2871
under sections 122.23 to 122.27 of the Revised Code;2872

       (3) Report to the governor, president of the senate, speaker 2873
of the house of representatives, and minority leaders of the 2874
senate and the house of representatives by the thirtiethfirst day 2875
of JuneAugust of each year on the activities carried out under 2876
the program during the preceding calendar year. The report shall 2877
include the number of loans made that year and the amount and 2878
recipient of each loan.2879

       (4) Work in conjunction with conventional lending 2880
institutions, local revolving loan funds, private investors, and 2881
other private and public financing sources to provide loans or 2882
loan guarantees to eligible applicants;2883

       (5) Establish fees, charges, interest rates, payment 2884
schedules, local match requirements, and other terms and 2885
conditions for loans and loan guarantees provided under the 2886
program;2887

       (6) Require each applicant to demonstrate the suitability of 2888
any site for the assistance sought; that the site has been 2889
surveyed, that the site has adequate or available utilities, and 2890
that there are no zoning restrictions, environmental regulations, 2891
or other matters impairing the use of the site for the purpose 2892
intended;2893

       (7) Require each applicant to provide a marketing plan and 2894
management strategy for the project;2895

       (8) Adopt rules establishing all of the following:2896

       (a) Forms and procedures by which eligible applicants may 2897
apply for assistance;2898

       (b) Criteria for reviewing, evaluating, and ranking 2899
applications, and for approving applications that best serve the 2900
goals of the program;2901

       (c) Reporting requirements and monitoring procedures;2902

       (d) Guidelines regarding situations in which industrial parks 2903
would be considered to compete against one another for the 2904
purposes of division (B)(2) of section 122.27 of the Revised Code;2905

       (e) Any other rules necessary to implement and administer the 2906
program.2907

       (B) The director may adopt rules establishing requirements 2908
governing the use of any industrial park site receiving assistance 2909
under section 122.24 of the Revised Code, such that a certain 2910
portion of the site must be used for manufacturing, distribution, 2911
high technology, research and development, or other businesses 2912
wherein a majority of the product or service produced is exported 2913
out of the state.2914

       (C) As a condition of receiving assistance under section 2915
122.24 of the Revised Code, and except as provided in division (D) 2916
of this section, an applicant shall agree, for a period of five 2917
years, not to permit the use of a site that is developed or 2918
improved with such assistance to cause the relocation of jobs to 2919
that site from elsewhere in the state.2920

       (D) A site developed or improved with assistance under 2921
section 122.24 of the Revised Code may be the site of jobs 2922
relocated from elsewhere in the state if the director of 2923
development services does all of the following:2924

       (1) Makes a written determination that the site from which 2925
the jobs would be relocated is inadequate to meet market or 2926
industry conditions, expansion plans, consolidation plans, or 2927
other business considerations affecting the relocating employer;2928

       (2) Provides a copy of the determination required by division 2929
(D)(1) of this section to the members of the general assembly 2930
whose legislative districts include the site from which the jobs 2931
would be relocated;2932

       (3) Determines that the governing body of the area from which 2933
the jobs would be relocated has been notified in writing by the 2934
relocating company of the possible relocation.2935

       (E) The director of development services shall obtain the 2936
approval of the controlling board for any loan or loan guarantee 2937
provided under sections 122.23 to 122.27 of the Revised Code.2938

       Sec. 122.37.  (A) There is hereby created in the department 2939
of development services agency the steel futures program, for the 2940
purpose of preserving and improving the existing industrial base 2941
of the state, improving the economy of the state by providing 2942
employment, increased productivity, and ensuring continued 2943
technological development consistent with these goals, and 2944
maintaining a high standard of living for the people of this 2945
state. The steel futures progamprogram may be supplemental to any 2946
other enterprise assistance program administered by the director 2947
of development services, and shall be administered so as to 2948
provide financial and technical assistance to increase the 2949
competitiveness of existing steel and steel-related industries in 2950
this state, and to encourage establishment and development of new 2951
industries of this type within the state.2952

       Within six months after the effective date of this section, 2953
theThe director shall develop a strategy for financial and 2954
technical assistance to steel and steel-related industries in the 2955
state, which shall include investment policies with regard to 2956
these industries.2957

       (B) In administering the program, the director may consult 2958
with appropriate representatives of steel and steel-related 2959
industries, appropriate representatives of any union that 2960
represents workers in these industries, and other persons with 2961
expert knowledge in these industries.2962

       (C) The director of development services shall consult with 2963
the chairmanchairperson of the public utilities commission to 2964
foster development of public and private cooperative efforts that 2965
result in energy savings and reduced energy costs for steel and 2966
steel-related industries.2967

       (D) Assistance may be made available to steel and 2968
steel-related industries undertaking projects the director 2969
determines to have long-term implications for and broad 2970
applicability to the economy of this state when the director 2971
finds:2972

       (1) The undertaking of projects by the industries will 2973
benefit the people of the state by creating or preserving jobs and 2974
employment opportunities or improving the economic welfare of the 2975
people of this state, and promoting development of new technology 2976
or improving application of existing steel and steel-related 2977
technology.2978

       (2) The undertaking of projects by the industries will allow 2979
them to compete more effectively in the marketplace.2980

       (E) Projects eligible to receive assistance under the steel 2981
futures program may include, but are not limited to, the following 2982
areas:2983

       (1) Research and development specifically related to steel 2984
and steel-related industries and feasibility studies for business 2985
development within these industries;2986

       (2) Employee training;2987

       (3) Labor and management relations; and2988

       (4) Technology-driven capital investment.2989

       (F) Financial and technical assistance may be in the form and 2990
conditioned upon terms as the director considers appropriate.2991

       (G) No later than the thirtiethfirst day of June in the 2992
first year after the effective date of this section, and no later 2993
than the thirtieth day of JuneAugust of each year thereafter, the 2994
director shall submit a report to the general assembly describing 2995
projects of the steel futures program, results obtained from 2996
completed projects of the program, and program projects for the 2997
next fiscal year.2998

       Sec. 122.64.  (A) There is hereby established in the 2999
development services agency a business services division. The 3000
division shall be supervised by a deputy director appointed by the 3001
director of development services.3002

       The division is responsible for the administration of the 3003
state economic development financing programs established pursuant 3004
to sections 122.17 and 122.18, sections 122.39 and 122.41 to 3005
122.62, and Chapter 166. of the Revised Code.3006

       (B) The director of development services shall:3007

       (1) Receive applications for assistance pursuant to sections 3008
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. 3009
The director shall process the applications.3010

       (2) With the approval of the director of administrative 3011
services, establish salary schedules for employees of the various 3012
positions of employment with the division and assign the various 3013
positions to those salary schedules;3014

       (3) Employ and fix the compensation of financial consultants, 3015
appraisers, consulting engineers, superintendents, managers, 3016
construction and accounting experts, attorneys, and other agents 3017
for the assistance programs authorized pursuant to sections 122.17 3018
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. 3019
of the Revised Code as are necessary;3020

       (4) Supervise the administrative operations of the division;3021

       (5) On or before the first day of OctoberAugust in each 3022
year, make an annual report of the activities and operations under 3023
assistance programs authorized pursuant to sections 122.39 and 3024
122.41 to 122.62 and Chapter 166. of the Revised Code for the 3025
preceding fiscal year to the governor and the general assembly. 3026
Each such report shall set forth a complete operating and 3027
financial statement covering such activities and operations during 3028
the year in accordance with generally accepted accounting 3029
principles and shall be audited by a certified public accountant. 3030
The director of development services shall transmit a copy of the 3031
audited financial report to the office of budget and management.3032

       Sec. 122.86.  (A) As used in this section and section 5747.81 3033
of the Revised Code:3034

       (1) "Small business enterprise" means a corporation, 3035
pass-through entity, or other person satisfying all of the 3036
following:3037

       (a) At the time of a qualifying investment, the enterprise 3038
meets all of the following requirements:3039

       (i) Has no outstanding tax or other liabilities owed to the 3040
state;3041

       (ii) Is in good standing with the secretary of state, if the 3042
enterprise is required to be registered with the secretary;3043

       (iii) Is current with any court-ordered payments;3044

       (iv) Is not engaged in any illegal activity.3045

       (b) At the time of a qualifying investment, the enterprise's 3046
assets according to generally accepted accounting principles do 3047
not exceed fifty million dollars, or its annual sales do not 3048
exceed ten million dollars. When making this determination, the 3049
assets and annual sales of all of the enterprise's related or 3050
affiliated entities shall be included in the calculation.3051

       (c) The enterprise employs at least fifty full-time 3052
equivalent employees in this state for whom the enterprise is 3053
required to withhold income tax under section 5747.06 of the 3054
Revised Code, or more than one-half the enterprise's total number 3055
of full-time equivalent employees employed anywhere in the United 3056
States are employed in this state and are subject to that 3057
withholding requirement.3058

       (d) The enterprise, within six months after an eligible 3059
investor's qualifying investment is made, invests in or incurs 3060
cost for one or more of the following in an amount at least equal 3061
to the amount of the qualifying investment:3062

       (i) Tangible personal property, other than motor vehicles 3063
operated on public roads and highways, used in business and 3064
physically located in this state from the time of its acquisition 3065
by the enterprise until the end of the investor's holding period;3066

       (ii) Motor vehicles operated on public roads and highways if, 3067
from the time of acquisition by the enterprise until the end of 3068
the investor's holding period, the motor vehicles are purchased in 3069
this state, registered in this state under Chapter 4503. of the 3070
Revised Code, are used primarily for business purposes, and are 3071
necessary for the operation of the enterprise's business;3072

       (iii) Real property located in this state that is used in 3073
business from the time of its acquisition by the enterprise until 3074
the end of the holding period;3075

       (iv) Intangible personal property, including patents, 3076
copyrights, trademarks, service marks, or licenses used in 3077
business primarily in this state from the time of its acquisition 3078
by the enterprise until the end of the holding period;3079

       (v) Compensation for new employees of the enterprise for whom 3080
the enterprise is required to withhold income tax under section 3081
5747.06 of the Revised Code, not including increased compensation 3082
for owners, officers, or managers of the enterprise. For this 3083
purpose compensation for new employees includes compensation for 3084
newly hired or retained employees.3085

       (2) "Qualifying investment" means an investment of money made 3086
on or after July 1, 2011, to acquire capital stock or other equity 3087
interest in a small business enterprise. "Qualifying investment" 3088
does not include either of the following:3089

       (a) Any investment of money an eligible investor derives, 3090
directly or indirectly, from a grant or loan from the federal 3091
government or the state or a political subdivision, including the 3092
third frontier program under Chapter 184. of the Revised Code;3093

       (b) Any investment of money which is the basis of a tax 3094
credit granted under any other section of the Revised Code.3095

       (3) "Eligible investor" means an individual, estate, or trust 3096
subject to the tax imposed by section 5747.02 of the Revised Code, 3097
or a pass-through entity in which such an individual, estate, or 3098
trust holds a direct or indirect ownership or other equity 3099
interest. To qualify as an eligible investor, the individual, 3100
estate, trust, or pass-through entity shall not owe any 3101
outstanding tax or other liability to the state at the time of a 3102
qualifying investment.3103

       (4) "Holding period" means:3104

       (a) For qualifying investments made on or after July 1, 2011, 3105
but before July 1, 2013, the two-year period beginning on the day 3106
the investment was made;3107

       (b) For qualifying investments made on or after July 1, 2013, 3108
the five-year period beginning on the day the investment wasa 3109
qualifying investment is made.3110

       (5) "Pass-through entity" has the same meaning as in section 3111
5733.04 of the Revised Code.3112

       (B) Any eligible investor that makes a qualifying investment 3113
in a small business enterprise on or after July 1, 2011, may apply 3114
to the director of development services to obtain a small business 3115
investment certificate from the director. Alternatively, a small 3116
business enterprise may apply on behalf of eligible investors to 3117
obtain the certificates for those investors. The director, in 3118
consultation with the tax commissioner, shall prescribe the form 3119
or manner in which an applicant shall apply for the certificate, 3120
devise the form of the certificate, and prescribe any records or 3121
other information an applicant shall furnish with the application 3122
to evidence the qualifying investment. The applicant shall state 3123
the amount of the intended investment. The applicant shall pay an 3124
application fee equal to the greater of one-tenth of one per cent 3125
of the amount of the intended investment or one hundred dollars.3126

       A small business investment certificate entitles the 3127
certificate holder to receive a tax credit under section 5747.81 3128
of the Revised Code if the certificate holder qualifies for the 3129
credit as otherwise provided in this section. If the certificate 3130
holder is a pass-through entity, the certificate entitles the 3131
entity's equity owners to receive their distributive or 3132
proportionate shares of the credit. In any fiscal biennium, an 3133
eligible investor may not apply for small business investment 3134
certificates representing intended investment amounts in excess of 3135
ten million dollars. Such certificates are not transferable.3136

       The director of development services may reserve small 3137
business investment certificates to qualifying applicants in the 3138
order in which the director receives applications, but may issue 3139
the certificates as the applications are completed. An application 3140
is completed when the director has validated that an eligible 3141
investor has made a qualified investment and the small business 3142
enterprise has made the appropriate reinvestment of the qualified 3143
investment pursuant to the requirements of division (A)(1)(d) of 3144
this section. To qualify for a certificate, an eligible investor 3145
must satisfy both of the following, subject to the limitation on 3146
the amount of qualifying investments for which certificates may be 3147
issued under division (C) of this section:3148

       (1) The eligible investor makes a qualifying investment on or 3149
after July 1, 2011.3150

       (2) The eligible investor pledges not to sell or otherwise 3151
dispose of the qualifying investment before the conclusion of the 3152
applicable holding period.3153

       (C)(1) The amount of any eligible investor's qualifying 3154
investments for which small business investment certificates may 3155
be issued for a fiscal biennium shall not exceed ten million 3156
dollars.3157

       (2) The director of development services shall not issue a 3158
small business investment certificate to an eligible investor 3159
representing an amount of qualifying investment in excess of the 3160
amount of the intended investment indicated on the investor's 3161
application for the certificate.3162

        (3) The director of development services shall not issue 3163
small business investment certificates in a total amount that 3164
would cause the tax credits claimed in any fiscal biennium to 3165
exceed one hundred million dollars.3166

       (4) The director of development services may issue a small 3167
business investment certificate only if both of the following 3168
apply at the time of issuance: 3169

       (a) The small business enterprise meets all the requirements 3170
listed in divisions (A)(1)(a)(i) to (iv) of this section; 3171

       (b) The eligible investor does not owe any outstanding tax or 3172
other liability to the state. 3173

       (D) Before the end of the applicable holding period of a 3174
qualifying investment, each enterprise in which a qualifying 3175
investment was made for which a small business investment 3176
certificate has been issued, upon the request of the director of 3177
development services, shall provide to the director records or 3178
other evidence satisfactory to the director that the enterprise is 3179
a small business enterprise for the purposes of this section. Each 3180
enterprise shall also provide annually to the director records or 3181
evidence regarding the number of jobs created or retained in the 3182
state. No credit may be claimed under this section and section 3183
5747.81 of the Revised Code if the director finds that an 3184
enterprise is not a small business enterprise for the purposes of 3185
this section. The director shall compile and maintain a register 3186
of small business enterprises qualifying under this section and 3187
shall certify the register to the tax commissioner. The director 3188
shall also compile and maintain a record of the number of jobs 3189
created or retained as a result of qualifying investments made 3190
pursuant to this section.3191

       (E) After the conclusion of the applicable holding period for 3192
a qualifying investment, a person to whom a small business 3193
investment certificate has been issued under this section may 3194
claim a credit as provided under section 5747.81 of the Revised 3195
Code. 3196

       (F) The director of development services, in consultation 3197
with the tax commissioner, may adopt rules for the administration 3198
of this section, including rules governing the following:3199

       (1) Documents, records, or other information eligible 3200
investors shall provide to the director; 3201

       (2) Any information a small business enterprise shall provide 3202
for the purposes of this section and section 5747.81 of the 3203
Revised Code;3204

       (3) Determination of the number of full-time equivalent 3205
employees of a small business enterprise;3206

       (4) Verification of a small business enterprise's investment 3207
in tangible personal property and intangible personal property 3208
under division (A)(1)(d) of this section, including when such 3209
investments have been made and where the property is used in 3210
business;3211

       (5) Circumstances under which small business enterprises or 3212
eligible investors may be subverting the purposes of this section 3213
and section 5747.81 of the Revised Code.3214

       There is hereby created in the state treasury the InvestOhio 3215
support fund. The fund shall consist of the fees paid under 3216
division (B) of this section and shall be used by the development 3217
services agency to pay the costs of administering the small 3218
business investment certificate program established under this 3219
section.3220

       Sec. 122.861.  (A) As used in this section:3221

        (1) "Certified engine configuration" means a new, rebuilt, or 3222
remanufactured engine configuration that satisfies divisions 3223
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this 3224
section:3225

        (a) It has been certified by the administrator of the United 3226
States environmental protection agency or the California air 3227
resources board.3228

        (b) It meets or is rebuilt or remanufactured to a more 3229
stringent set of engine emission standards than when originally 3230
manufactured, as determined pursuant to Subtitle G of Title VII of 3231
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838, 3232
et seq.3233

        (c) In the case of a certified engine configuration involving 3234
the replacement of an existing engine, an engine configuration 3235
that replaced an engine that was removed from the vehicle and 3236
returned to the supplier for remanufacturing to a more stringent 3237
set of engine emissions standards or for scrappage.3238

        (2) "Section 793" means section 793 of the Energy Policy Act 3239
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.3240

        (3) "Verified technology" means a pollution control 3241
technology, including a retrofit technology, advanced truckstop 3242
electrification system, or auxiliary power unit, that has been 3243
verified by the administrator of the United States environmental 3244
protection agency or the California air resources board.3245

        (B) For the purpose of reducing emissions from diesel 3246
engines, the director of environmental protection shall administer 3247
a diesel emissions reduction grant program and a diesel emissions 3248
reduction revolving loanclean diesel school bus program. The 3249
programs shall provide for the implementation in this state of 3250
section 793 and shall otherwise be administered in compliance with 3251
the requirements of section 793, and any regulations issued 3252
pursuant to that section.3253

        The director shall apply to the administrator of the United 3254
States environmental protection agency for grant or loan funds 3255
available under section 793 to help fund the diesel emissions 3256
reduction grant program and the diesel emissions reduction 3257
revolving loanclean diesel school bus program. 3258

        (C) There is hereby created in the state treasury the diesel 3259
emissions reduction revolving loan fund consisting of money 3260
appropriated to it by the general assembly, any grants obtained 3261
from the federal government under section 793, and any other 3262
grants, gifts, or other contributions of money made to the credit 3263
of the fund. Money in the fund shall be used for the purpose of 3264
making loans for projects relating to certified engine 3265
configurations and verified technologies in a manner consistent 3266
with the requirements of section 793 and any regulations issued 3267
pursuant to that section. Interest earned from moneys in the fund 3268
shall be used to administer the diesel emissions reduction 3269
revolving loan program.3270

       Sec. 122.89.  (A) The director of development services may 3271
execute bonds as surety for minority businesses as principals, on 3272
contracts with the state, any political subdivision or 3273
instrumentality thereof, or any person as the obligee. The 3274
director as surety may exercise all the rights and powers of a 3275
company authorized by the department of insurance to execute bonds 3276
as surety but shall not be subject to any requirements of a surety 3277
company under Title XXXIX of the Revised Code nor to any rules of 3278
the department of insurance.3279

       (B) The director, with the advice of the minority development 3280
financing advisory board, shall adopt rules under Chapter 119. of 3281
the Revised Code establishing procedures for application for 3282
surety bonds by minority businesses and for review and approval of 3283
applications. The board shall review each application in 3284
accordance with the rules and, based on the bond worthiness of 3285
each applicant, shall refer all qualified applicants to the 3286
director. Based on the recommendation of the board, the director 3287
shall determine whether or not the applicant shall receive 3288
bonding.3289

       (C) The rules of the board shall require the minority 3290
business to pay a premium in advance for the bond to be 3291
established by the director, with the advice of the board after 3292
the director receives advice from the superintendent of insurance 3293
regarding the standard market rates for premiums for similar 3294
bonds. All premiums paid by minority businesses shall be paid into 3295
the minority business bonding program administrative and loss 3296
reserve fund.3297

       (D) The rules of the board shall provide for a retainage of 3298
money paid to the minority business or EDGE business enterprise of 3299
fifteen per cent for a contract valued at more than fifty thousand 3300
dollars and for a retainage of twelve per cent for a contract 3301
valued at fifty thousand dollars or less.3302

       (E) The penal sum amounts of all outstanding bonds issued by 3303
the director shall not exceed the amount of moneys in the minority 3304
business bonding fund and available to the fund under division (B) 3305
of section 169.05 of the Revised Code.3306

       (F) The superintendent of insurance shall provide such 3307
technical and professional assistance as is considered necessary 3308
by the director, including providing advice regarding the standard 3309
market rates for bond premiums as described under division (C) of 3310
this section.3311

       (G) Notwithstanding any provision of the Revised Code to the 3312
contrary, a minority business or EDGE business enterprise may bid 3313
or enter into a contract with the state or with any 3314
instrumentality of the state without being required to provide a 3315
bond as follows:3316

       (1) For the first contract that a minority business or EDGE 3317
business enterprise enters into with the state or with any 3318
particular instrumentality of the state, the minority business or 3319
EDGE business enterprise may bid or enter into a contract valued 3320
at twenty-five thousand dollars or less without being required to 3321
provide a bond, but only if the minority business or EDGE business 3322
enterprise is participating in a qualified contractor assistance 3323
program or has successfully completed a qualified contractor 3324
assistance program after the effective date of this amendment3325
October 16, 2009;3326

       (2) After the state or any particular instrumentality of the 3327
state has accepted the first contract as completed and all 3328
subcontractors and suppliers on the contract have been paid, the 3329
minority business or EDGE business enterprise may bid or enter 3330
into a second contract with the state or with that particular 3331
instrumentality of the state valued at fifty thousand dollars or 3332
less without being required to provide a bond, but only if the 3333
minority business or EDGE business enterprise is participating in 3334
a qualified contractor assistance program or has successfully 3335
completed a qualified contractor assistance program after the 3336
effective date of this amendmentOctober 16, 2009;3337

       (3) After the state or any particular instrumentality of the 3338
state has accepted the second contract as completed and all 3339
subcontractors and suppliers on the contract have been paid, the 3340
minority business or EDGE business enterprise may bid or enter 3341
into a third contract with the state or with that particular 3342
instrumentality of the state valued at one hundred thousand 3343
dollars or less without being required to provide a bond, but only 3344
if the minority business or EDGE business enterprise has 3345
successfully completed a qualified contractor assistance program 3346
after the effective date of this amendmentOctober 16, 2009;3347

       (4) After the state or any particular instrumentality of the 3348
state has accepted the third contract as completed and all 3349
subcontractors and suppliers on the contract have been paid, the 3350
minority business or EDGE business enterprise may bid or enter 3351
into a fourth contract with the state or with that particular 3352
instrumentality of the state valued at three hundred thousand 3353
dollars or less without being required to provide a bond, but only 3354
if the minority business or EDGE business enterprise has 3355
successfully completed a qualified contractor assistance program 3356
after the effective date of this amendmentOctober 16, 2009;3357

       (5) After the state or any instrumentality of the state has 3358
accepted the fourth contract as completed and all subcontractors 3359
and suppliers on the contract have been paid, upon a showing that 3360
with respect to a contract valued at four hundred thousand dollars 3361
or less with the state or with any particular instrumentality of 3362
the state, that the minority business or EDGE business enterprise 3363
either has been denied a bond by two surety companies or that the 3364
minority business or EDGE business enterprise has applied to two 3365
surety companies for a bond and, at the expiration of sixty days 3366
after making the application, has neither received nor been denied 3367
a bond, the minority business or EDGE business enterprise may 3368
repeat its participation in the unbonded state contractor program. 3369
Under no circumstances shall a minority business or EDGE business 3370
enterprise be permitted to participate in the unbonded state 3371
contractor program more than twice.3372

       (H) Notwithstanding any provision of the Revised Code to the 3373
contrary, a minority business or EDGE business enterprise may bid 3374
or enter into a contract with any political subdivision of the 3375
state or with any instrumentality of a political subdivision 3376
without being required to provide a bond as follows:3377

       (1) For the first contract that the minority business or EDGE 3378
business enterprise enters into with any particular political 3379
subdivision of the state or with any particular instrumentality of 3380
a political subdivision, the minority business or EDGE business 3381
enterprise may bid or enter into a contract valued at twenty-five 3382
thousand dollars or less without being required to provide a bond, 3383
but only if the minority business or EDGE business enterprise is 3384
participating in a qualified contractor assistance program or has 3385
successfully completed a qualified contractor assistance program 3386
after the effective date of this amendmentOctober 16, 2009;3387

       (2) After any political subdivision of the state or any 3388
instrumentality of a political subdivision has accepted the first 3389
contract as completed and all subcontractors and suppliers on the 3390
contract have been paid, the minority business or EDGE business 3391
enterprise may bid or enter into a second contract with that 3392
particular political subdivision of the state or with that 3393
particular instrumentality of a political subdivision valued at 3394
fifty thousand dollars or less without being required to provide a 3395
bond, but only if the minority business or EDGE business 3396
enterprise is participating in a qualified contractor assistance 3397
program or has successfully completed a qualified contractor 3398
assistance program after the effective date of this amendment3399
October 16, 2009;3400

       (3) After any political subdivision of the state or any 3401
instrumentality of a political subdivision has accepted the second 3402
contract as completed and all subcontractors and suppliers on the 3403
contract have been paid, the minority business or EDGE business 3404
enterprise may bid or enter into a third contract with that 3405
particular political subdivision of the state or with that 3406
particular instrumentality of a political subdivision valued at 3407
one hundred thousand dollars or less without being required to 3408
provide a bond, but only if the minority business or EDGE business 3409
enterprise has successfully completed a qualified contractor 3410
assistance program after the effective date of this amendment3411
October 16, 2009;3412

       (4) After any political subdivision of the state or any 3413
instrumentality of a political subdivision has accepted the third 3414
contract as completed and all subcontractors and suppliers on the 3415
contract have been paid, the minority business or EDGE business 3416
enterprise may bid or enter into a fourth contract with that 3417
particular political subdivision of the state or with that 3418
particular instrumentality of a political subdivision valued at 3419
two hundred thousand dollars or less without being required to 3420
provide a bond, but only if the minority business or EDGE business 3421
enterprise has successfully completed a qualified contractor 3422
assistance program after the effective date of this amendment3423
October 16, 2009;3424

       (5) After any political subdivision of the state or any 3425
instrumentality of a political subdivision has accepted the fourth 3426
contract as completed and all subcontractors and suppliers on the 3427
contract have been paid, upon a showing that with respect to a 3428
contract valued at three hundred thousand dollars or less with any 3429
political subdivision of the state or any instrumentality of a 3430
political subdivision, that the minority business or EDGE business 3431
enterprise either has been denied a bond by two surety companies 3432
or that the minority business or EDGE business enterprise has 3433
applied to two surety companies for a bond and, at the expiration 3434
of sixty days after making the application, has neither received 3435
nor been denied a bond, the minority business or EDGE business 3436
enterprise may repeat its participation in the unbonded political 3437
subdivision contractor program. Under no circumstances shall a 3438
minority business or EDGE business enterprise be permitted to 3439
participate in the unbonded political subdivision contractor 3440
program more than twice.3441

       (I) Notwithstanding any provision of the Revised Code to the 3442
contrary, if a minority business or EDGE business enterprise has 3443
entered into two or more contracts with the state or with any 3444
instrumentality of the state, the minority business or EDGE 3445
business enterprise may bid or enter into a contract with a 3446
political subdivision of the state or with any instrumentality of 3447
a political subdivision valued at the level at which the minority 3448
business or EDGE business enterprise would qualify if entering 3449
into an additional contract with the state.3450

       (J) The director of development services shall coordinate and 3451
oversee the unbonded state contractor program described in 3452
division (G) of this section, the unbonded political subdivision 3453
contractor program described in division (H) of this section, and 3454
the approval of a qualified contractor assistance program. The 3455
director shall prepare an annual report and submit it to the 3456
governor and the general assembly on or before the first day of 3457
FebruaryAugust that includes the following: information on the 3458
director's activities for the preceding calendar year regarding 3459
the unbonded state contractor program, the unbonded political 3460
subdivision contractor program, and the qualified contractor 3461
assistance program; a summary and description of the operations 3462
and activities of these programs; an assessment of the 3463
achievements of these programs; and a recommendation as to whether 3464
these programs need to continue.3465

       (K) As used in this section:3466

       (1) "EDGE business enterprise" means an EDGE business 3467
enterprise certified under section 123.152 of the Revised Code.3468

       (2) "Qualified contractor assistance program" means an 3469
educational program or technical assistance program for business 3470
development that is designed to assist a minority business or EDGE 3471
business enterprise in becoming eligible for bonding and has been 3472
approved by the director of development services for use as 3473
required under this section.3474

       (3) "Successfully completed a qualified contractor assistance 3475
program" means the minority business or EDGE business enterprise 3476
completed such a program on or after the effective date of this 3477
amendmentOctober 16, 2009. 3478

       (4) "Unbonded state contractor program" means the program 3479
described in division (G) of this section.3480

       (5) "Unbonded political subdivision contractor program" means 3481
the program described in division (H) of this section.3482

       Sec. 122.94.  The director of development services shall:3483

       (A) Promulgate rules in accordance with Chapter 119. of the 3484
Revised Code for the conduct of the minority business development 3485
division's business and for carrying out the purposes of sections 3486
122.92 to 122.94 of the Revised Code;3487

       (B) Prepare an annual report to the governor and the general 3488
assembly on or before the first day of FebruaryAugust of its 3489
activities for the preceding calendar year. 3490

       Sec. 122.941.  (A) On or before the first day of October3491
August in each year, the director of development services shall 3492
make an annual report of the activities and operations under the 3493
assistance programs of the departmentdevelopment services agency3494
for the preceding fiscal year to the governor and general 3495
assembly. The annual report shall include a detailing of those 3496
grants, guarantees, loans, and other forms of state assistance to 3497
women-owned businesses.3498

       (B) As used in this section:3499

       (1) "Women-owned business" means any individual, partnership, 3500
corporation, or joint venture of any kind that is owned and 3501
controlled by women who are United States citizens and residents 3502
of this state.3503

       (2) "Owned and controlled" means that at least fifty-one per 3504
cent of the business, including corporate stock if it is a 3505
corporation, is owned by women and that such owners have control 3506
over the day-to-day operations of the business and an interest in 3507
the capital, assets, and profits and losses of the business 3508
proportionate to their percentage of ownership. In order to 3509
qualify as a women-owned business, a business shall have been 3510
owned by such owners at least one year.3511

       Sec. 123.01.  (A) The department of administrative services, 3512
in addition to those powers enumerated in Chapters 124. and 125. 3513
of the Revised Code and provided elsewhere by law, shall exercise 3514
the following powers:3515

       (1) To prepare and suggest comprehensive plans for the 3516
development of grounds and buildings under the control of a state 3517
agency;3518

       (2) To acquire, by purchase, gift, devise, lease, or grant, 3519
all real estate required by a state agency, in the exercise of 3520
which power the department may exercise the power of eminent 3521
domain, in the manner provided by sections 163.01 to 163.22 of the 3522
Revised Code;3523

       (3) To erect, supervise, and maintain all public monuments 3524
and memorials erected by the state, except where the supervision 3525
and maintenance is otherwise provided by law;3526

       (4) To procure, by lease, storage accommodations for a state 3527
agency;3528

       (5) To lease or grant easements or licenses for unproductive 3529
and unused lands or other property under the control of a state 3530
agency. Such leases, easements, or licenses may be granted to any 3531
person or entity, shall be for a period not to exceed fifteen 3532
years, and shall be executed for the state by the director of 3533
administrative services, provided that the director shall grant 3534
leases, easements, or licenses of university land for periods not 3535
to exceed twenty-five years for purposes approved by the 3536
respective university's board of trustees wherein the uses are 3537
compatible with the uses and needs of the university and may grant 3538
leases of university land for periods not to exceed forty years 3539
for purposes approved by the respective university's board of 3540
trustees pursuant to section 123.17 of the Revised Code.3541

       (6) To lease space for the use of a state agency;3542

       (7) To have general supervision and care of the storerooms, 3543
offices, and buildings leased for the use of a state agency;3544

       (8) To exercise general custodial care of all real property 3545
of the state;3546

       (9) To assign and group together state offices in any city in 3547
the state and to establish, in cooperation with the state agencies 3548
involved, rules governing space requirements for office or storage 3549
use;3550

       (10) To lease for a period not to exceed forty years, 3551
pursuant to a contract awarded under section 125.071 of the 3552
Revised Code, providing for the construction thereof, renovation, 3553
or other improvement under a lease-purchase planor 3554
lease-leaseback agreement, of buildings, structures, and other 3555
improvements for any public purpose, and, in conjunction 3556
therewith, to grant leases, easements, or licenses for lands under 3557
the control of a state agency for a period not to exceed forty 3558
years. The lease-purchase planor lease-leaseback agreement shall 3559
provide that at the end of the lease period, the buildings, 3560
structures, and related improvements, together with the land on 3561
which they are situated, shall become the property of the state 3562
without cost.3563

       (a) Whenever any building, structure, or other improvement is 3564
to be so leased by a state agency, the department shall retain 3565
either basic plans, specifications, bills of materials, and 3566
estimates of cost with sufficient detail to afford bidders all 3567
needed information or, alternatively, all of the following plans, 3568
details, bills of materials, and specifications:3569

       (i) Full and accurate plans suitable for the use of mechanics 3570
and other builders in the improvement; 3571

       (ii) Details to scale and full sized, so drawn and 3572
represented as to be easily understood;3573

       (iii) Accurate bills showing the exact quantity of different 3574
kinds of material necessary to the construction;3575

       (iv) Definite and complete specifications of the work to be 3576
performed, together with such directions as will enable a 3577
competent mechanic or other builder to carry them out and afford 3578
bidders all needed information;3579

       (v) A full and accurate estimate of each item of expense and 3580
of the aggregate cost thereof.3581

       (b) The department shall give public notice, in such 3582
newspaper, in such form, and with such phraseology as the director 3583
of administrative services prescribes, published once each week 3584
for four consecutive weeks, of the time when and place where bids 3585
will be received for entering into an agreement to lease to a 3586
state agency a building, structure, or other improvement. The last 3587
publication shall be at least eight days preceding the day for 3588
opening the bids. The bids shall contain the terms upon which the 3589
builder would propose to lease the building, structure, or other 3590
improvement to the state agency. The form of the bid approved by 3591
the department shall be used, and a bid is invalid and shall not 3592
be considered unless that form is used without change, alteration, 3593
or addition. Before submitting bids pursuant to this section, any 3594
builder shall comply with Chapter 153. of the Revised Code.3595

       (c) On the day and at the place named for receiving bids for 3596
entering into lease agreements with a state agency, the director 3597
of administrative services shall open the bids and shall publicly 3598
proceed immediately to tabulate the bids upon duplicate sheets. No 3599
lease agreement shall be entered into until the bureau of workers' 3600
compensation has certified that the person to be awarded the lease 3601
agreement has complied with Chapter 4123. of the Revised Code, 3602
until, if the builder submitting the lowest and best bid is a 3603
foreign corporation, the secretary of state has certified that the 3604
corporation is authorized to do business in this state, until, if 3605
the builder submitting the lowest and best bid is a person 3606
nonresident of this state, the person has filed with the secretary 3607
of state a power of attorney designating the secretary of state as 3608
its agent for the purpose of accepting service of summons in any 3609
action brought under Chapter 4123. of the Revised Code, and until 3610
the agreement is submitted to the attorney general and the 3611
attorney general's approval is certified thereon. Within thirty 3612
days after the day on which the bids are received, the department 3613
shall investigate the bids received and shall determine that the 3614
bureau and the secretary of state have made the certifications 3615
required by this section of the builder who has submitted the 3616
lowest and best bid. Within ten days of the completion of the 3617
investigation of the bids, the department shall award the lease 3618
agreement to the builder who has submitted the lowest and best bid 3619
and who has been certified by the bureau and secretary of state as 3620
required by this section. If bidding for the lease agreement has 3621
been conducted upon the basis of basic plans, specifications, 3622
bills of materials, and estimates of costs, upon the award to the 3623
builder the department, or the builder with the approval of the 3624
department, shall appoint an architect or engineer licensed in 3625
this state to prepare such further detailed plans, specifications, 3626
and bills of materials as are required to construct the building, 3627
structure, or improvement. The department shall adopt such rules 3628
as are necessary to give effect to this section. The department 3629
may reject any bid. Where there is reason to believe there is 3630
collusion or combination among bidders, the bids of those 3631
concerned therein shall be rejected.3632

       Any person or entity entering into a lease-purchase or 3633
lease-leaseback agreement shall provide plans satisfactory to the 3634
department that detail the nature and cost, including financing 3635
costs, of the construction, renovation, or other improvement.3636

       (11) To acquire by purchase, gift, devise, or grant and to 3637
transfer, lease, or otherwise dispose of all real property 3638
required to assist in the development of a conversion facility as 3639
defined in section 5709.30 of the Revised Code as that section 3640
existed before its repeal by Amended Substitute House Bill 95 of 3641
the 125th general assembly;3642

       (12) To lease for a period not to exceed forty years, 3643
notwithstanding any other division of this section, the 3644
state-owned property located at 408-450 East Town Street, 3645
Columbus, Ohio, formerly the state school for the deaf, to a 3646
developer in accordance with this section. "Developer," as used in 3647
this section, has the same meaning as in section 123.77 of the 3648
Revised Code.3649

       Such a lease shall be for the purpose of development of the 3650
land for use by senior citizens by constructing, altering, 3651
renovating, repairing, expanding, and improving the site as it 3652
existed on June 25, 1982. A developer desiring to lease the land 3653
shall prepare for submission to the department a plan for 3654
development. Plans shall include provisions for roads, sewers, 3655
water lines, waste disposal, water supply, and similar matters to 3656
meet the requirements of state and local laws. The plans shall 3657
also include provision for protection of the property by insurance 3658
or otherwise, and plans for financing the development, and shall 3659
set forth details of the developer's financial responsibility.3660

       The department may employ, as employees or consultants, 3661
persons needed to assist in reviewing the development plans. Those 3662
persons may include attorneys, financial experts, engineers, and 3663
other necessary experts. The department shall review the 3664
development plans and may enter into a lease if it finds all of 3665
the following:3666

       (a) The best interests of the state will be promoted by 3667
entering into a lease with the developer;3668

       (b) The development plans are satisfactory;3669

       (c) The developer has established the developer's financial 3670
responsibility and satisfactory plans for financing the 3671
development.3672

       The lease shall contain a provision that construction or 3673
renovation of the buildings, roads, structures, and other 3674
necessary facilities shall begin within one year after the date of 3675
the lease and shall proceed according to a schedule agreed to 3676
between the department and the developer or the lease will be 3677
terminated. The lease shall contain such conditions and 3678
stipulations as the director considers necessary to preserve the 3679
best interest of the state. Moneys received by the state pursuant 3680
to this lease shall be paid into the general revenue fund. The 3681
lease shall provide that at the end of the lease period the 3682
buildings, structures, and related improvements shall become the 3683
property of the state without cost.3684

       (13) To manage the use of space owned and controlled by the 3685
department, including space in property under the jurisdiction of 3686
the Ohio building authority, by doing all of the following:3687

       (a) Biennially implementing, by state agency location, a 3688
census of agency employees assigned space;3689

        (b) Periodically in the discretion of the director of 3690
administrative services:3691

       (i) Requiring each state agency to categorize the use of 3692
space allotted to the agency between office space, common areas, 3693
storage space, and other uses, and to report its findings to the 3694
department;3695

        (ii) Creating and updating a master space utilization plan 3696
for all space allotted to state agencies. The plan shall 3697
incorporate space utilization metrics.3698

        (iii) Conducting a cost-benefit analysis to determine the 3699
effectiveness of state-owned buildings;3700

        (iv) Assessing the alternatives associated with consolidating 3701
the commercial leases for buildings located in Columbus.3702

        (c) Commissioning a comprehensive space utilization and 3703
capacity study in order to determine the feasibility of 3704
consolidating existing commercially leased space used by state 3705
agencies into a new state-owned facility.3706

       (14) To adopt rules to ensure that energy efficiency and 3707
conservation is considered in the purchase of products and 3708
equipment, except motor vehicles, by any state agency, department, 3709
division, bureau, office, unit, board, commission, authority, 3710
quasi-governmental entity, or institution. The department may 3711
require minimum energy efficiency standards for purchased products 3712
and equipment based on federal testing and labeling if available 3713
or on standards developed by the department. When possible, the 3714
rules shall apply to the competitive selection of energy consuming 3715
systems, components, and equipment under Chapter 125. of the 3716
Revised Code.3717

       (15) To ensure energy efficient and energy conserving 3718
purchasing practices by doing all of the following:3719

       (a) Identifying available energy efficiency and conservation 3720
opportunities;3721

       (b) Providing for interchange of information among purchasing 3722
agencies;3723

       (c) Identifying laws, policies, rules, and procedures that 3724
should be modified;3725

       (d) Monitoring experience with and the cost-effectiveness of 3726
this state's purchase and use of motor vehicles and of major 3727
energy-consuming systems, components, equipment, and products 3728
having a significant impact on energy consumption by the 3729
government;3730

       (e) Providing technical assistance and training to state 3731
employees involved in the purchasing process;3732

       (f) Working with the development services agency to make 3733
recommendations regarding planning and implementation of 3734
purchasing policies and procedures that are supportive of energy 3735
efficiency and conservation.3736

       (16) To require all state agencies, departments, divisions, 3737
bureaus, offices, units, commissions, boards, authorities, 3738
quasi-governmental entities, institutions, and state institutions 3739
of higher education to implement procedures to ensure that all of 3740
the passenger automobiles they acquire in each fiscal year, except 3741
for those passenger automobiles acquired for use in law 3742
enforcement or emergency rescue work, achieve a fleet average fuel 3743
economy of not less than the fleet average fuel economy for that 3744
fiscal year as the department shall prescribe by rule. The 3745
department shall adopt the rule prior to the beginning of the 3746
fiscal year, in accordance with the average fuel economy standards 3747
established by federal law for passenger automobiles manufactured 3748
during the model year that begins during the fiscal year.3749

       Each state agency, department, division, bureau, office, 3750
unit, commission, board, authority, quasi-governmental entity, 3751
institution, and state institution of higher education shall 3752
determine its fleet average fuel economy by dividing the total 3753
number of passenger vehicles acquired during the fiscal year, 3754
except for those passenger vehicles acquired for use in law 3755
enforcement or emergency rescue work, by a sum of terms, each of 3756
which is a fraction created by dividing the number of passenger 3757
vehicles of a given make, model, and year, except for passenger 3758
vehicles acquired for use in law enforcement or emergency rescue 3759
work, acquired during the fiscal year by the fuel economy measured 3760
by the administrator of the United States environmental protection 3761
agency, for the given make, model, and year of vehicle, that 3762
constitutes an average fuel economy for combined city and highway 3763
driving.3764

       As used in division (A)(16) of this section, "acquired" means 3765
leased for a period of sixty continuous days or more, or 3766
purchased.3767

       (B) This section and section 125.02 of the Revised Code shall 3768
not interfere with any of the following:3769

       (1) The power of the adjutant general to purchase military 3770
supplies, or with the custody of the adjutant general of property 3771
leased, purchased, or constructed by the state and used for 3772
military purposes, or with the functions of the adjutant general 3773
as director of state armories;3774

       (2) The power of the director of transportation in acquiring 3775
rights-of-way for the state highway system, or the leasing of 3776
lands for division or resident district offices, or the leasing of 3777
lands or buildings required in the maintenance operations of the 3778
department of transportation, or the purchase of real property for 3779
garage sites or division or resident district offices, or in 3780
preparing plans and specifications for and constructing such 3781
buildings as the director may require in the administration of the 3782
department;3783

       (3) The power of the director of public safety and the 3784
registrar of motor vehicles to purchase or lease real property and 3785
buildings to be used solely as locations to which a deputy 3786
registrar is assigned pursuant to division (B) of section 4507.011 3787
of the Revised Code and from which the deputy registrar is to 3788
conduct the deputy registrar's business, the power of the director 3789
of public safety to purchase or lease real property and buildings 3790
to be used as locations for division or district offices as 3791
required in the maintenance of operations of the department of 3792
public safety, and the power of the superintendent of the state 3793
highway patrol in the purchase or leasing of real property and 3794
buildings needed by the patrol, to negotiate the sale of real 3795
property owned by the patrol, to rent or lease real property owned 3796
or leased by the patrol, and to make or cause to be made repairs 3797
to all property owned or under the control of the patrol;3798

       (4) The power of the division of liquor control in the 3799
leasing or purchasing of retail outlets and warehouse facilities 3800
for the use of the division;3801

       (5) The power of the director of development services to 3802
enter into leases of real property, buildings, and office space to 3803
be used solely as locations for the state's foreign offices to 3804
carry out the purposes of section 122.05 of the Revised Code;3805

       (6) The power of the director of environmental protection to 3806
enter into environmental covenants, to grant and accept easements, 3807
or to sell property pursuant to division (G) of section 3745.01 of 3808
the Revised Code.3809

       (C) Purchases for, and the custody and repair of, buildings 3810
under the management and control of the capitol square review and 3811
advisory board, the opportunities for Ohioans with disabilities 3812
agency, the bureau of workers' compensation, or the departments of 3813
public safety, job and family services, mental health and 3814
addiction services, developmental disabilities, and rehabilitation 3815
and correction; buildings of educational and benevolent 3816
institutions under the management and control of boards of 3817
trustees; and purchases or leases for, and the custody and repair 3818
of, office space used for the purposes of the joint legislative 3819
ethics committee are not subject to the control and jurisdiction 3820
of the department of administrative services.3821

       If the joint legislative ethics committee so requests, the 3822
committee and the director of administrative services may enter 3823
into a contract under which the department of administrative 3824
services agrees to perform any services requested by the committee 3825
that the department is authorized under this section to perform.3826

       (D) Any instrument by which real property is acquired 3827
pursuant to this section shall identify the agency of the state 3828
that has the use and benefit of the real property as specified in 3829
section 5301.012 of the Revised Code.3830

       Sec. 124.32.  (A) A person holding an office or position in 3831
the classified service may be transferred to a similar position in 3832
another office, department, or institution having the same pay and 3833
similar duties, but no transfer shall be made as follows:3834

       (1) From an office or position in one class to an office or 3835
position in another class;3836

       (2) To an office or position for original entrance to which 3837
there is required by sections 124.01 to 124.64 of the Revised 3838
Code, or the rules adopted pursuant to those sections, an 3839
examination involving essential tests or qualifications or 3840
carrying a salary different from or higher than those required for 3841
original entrance to an office or position held by the person 3842
proposed to be transferred.3843

       No person in the classified civil service of the state may be 3844
transferred without the consent of the director of administrative 3845
services.3846

       (B) Any person holding an office or position in the 3847
classified service who has been separated from the service without 3848
delinquency or misconduct on the person's part may be reinstated 3849
within one year from the date of that separation to a vacancy in 3850
the same office or in a similar position in the same department, 3851
except that a person in the classified service of the state only 3852
may be reinstated with the consent of the director of 3853
administrative services. But, if that separation is due to injury 3854
or physical or psychiatric disability, the person shall be 3855
reinstated in the same office held or in a similar position to 3856
that held at the time of separation, within thirtysixty days 3857
after written application for reinstatement, if the person passes 3858
a physical or psychiatric examination made by a licensed 3859
physician, a physician assistant, a clinical nurse specialist, a 3860
certified nurse practitioner, or a certified nurse-midwife showing 3861
that the person has recovered from the injury or physical or 3862
psychiatric disability, if the application for reinstatement is 3863
filed within two years from the date of separation, and if the 3864
application is not filed after the date of service eligibility 3865
retirement. The physician, physician assistant, clinical nurse 3866
specialist, certified nurse practitioner, or certified 3867
nurse-midwife shall be designated by the appointing authority and 3868
shall complete any written documentation of the physical or 3869
psychiatric examination.3870

       Sec. 125.13.  (A) As used in this section:3871

       (1) "Emergency medical service organization" has the same 3872
meaning as in section 4765.01 of the Revised Code.3873

       (2) "Private fire company" has the same meaning as in section 3874
9.60 of the Revised Code.3875

       (B) Except as otherwise provided in section 5139.03 of the 3876
Revised Code, whenever a state agency determines that it has 3877
excess or surplus supplies, it shall notify the director of 3878
administrative services. Upon request by the director and on forms 3879
provided by the director, the state agency shall furnish to the 3880
director a list of all those excess and surplus supplies and an 3881
appraisal of their value.3882

       (C) The director of administrative services shall take 3883
immediate control of a state agency's excess and surplus supplies, 3884
except for the following excess and surplus supplies:3885

       (1) Excess or surplus supplies that have a value below the 3886
minimum value that the director establishes for excess and surplus 3887
supplies under division (F) of this section;3888

       (2) Excess or surplus supplies that the director has 3889
authorized an agency to donate to a public entity, including, but 3890
not limited to, public schools and surplus computers and computer 3891
equipment transferred to a public school under division (H) of 3892
this section;3893

       (3) Excess or surplus supplies that an agency trades in as 3894
full or partial payment when purchasing a replacement item;3895

       (4) Hazardous property.3896

       (D) The director shall inventory excess and surplus supplies 3897
in the director's control and may have the supplies repaired.3898

       (E) The director may do either of the following:3899

       (1) Dispose of declared surplus or excess supplies in the 3900
director's control by sale, lease, donation, or transfer. If the 3901
director does so, the director shall dispose of those supplies in 3902
the following order of priority:3903

       (a) To state agencies;3904

       (b) To state-supported or state-assisted institutions of 3905
higher education;3906

       (c) To tax-supported agencies, municipal corporations, or 3907
other political subdivisions of this state, private fire 3908
companies, or private, nonprofit emergency medical service 3909
organizations;3910

       (d) To nonpublic elementary and secondary schools chartered 3911
by the state board of education under section 3301.16 of the 3912
Revised Code;3913

       (e) To the general public by auction, sealed bid, sale, or 3914
negotiation.3915

       (2) If the director has attempted to dispose of any declared 3916
surplus or excess motor vehicle that does not exceed four thousand 3917
five hundred dollars in value pursuant to divisions (E)(1)(a) to 3918
(c) of this section, donate the motor vehicle to a nonprofit 3919
organization exempt from federal income taxation pursuant to 26 3920
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 3921
transportation needs of participants in the Ohio works first 3922
program established under Chapter 5107. of the Revised Code and 3923
participants in the prevention, retention, and contingency program 3924
established under Chapter 5108. of the Revised Code. The director 3925
may not donate a motor vehicle furnished to the state highway 3926
patrol to a nonprofit organization pursuant to this division.3927

       (F) The director may adopt rules governing the sale, lease, 3928
or transfer of surplus and excess supplies in the director's 3929
control by public auction, sealed bid, sale, or negotiation, 3930
except that no employee of the disposing agency shall be allowed 3931
to purchase, lease, or receive any such supplies. The director may 3932
dispose of declared surplus or excess supplies, including motor 3933
vehicles, in the director's control as the director determines 3934
proper if such supplies cannot be disposed of pursuant to division 3935
(E) of this section. The director shall by rule establish a 3936
minimum value for excess and surplus supplies and prescribe 3937
procedures for a state agency to follow in disposing of excess and 3938
surplus supplies in its control that have a value below the 3939
minimum value established by the director.3940

       (G) No state-supported or state-assisted institution of 3941
higher education, tax-supported agency, municipal corporation, or 3942
other political subdivision of this state, private fire company, 3943
or private, nonprofit emergency medical service organization shall 3944
sell, lease, or transfer excess or surplus supplies acquired under 3945
this section to private entities or the general public at a price 3946
greater than the price it originally paid for those supplies.3947

       (H) The director of administrative services may authorize any 3948
state agency to transfer surplus computers and computer equipment 3949
that are not needed by other state agencies directly to an 3950
accredited public school within the state. The computers and 3951
computer equipment may be repaired or refurbished prior to 3952
transfer. The state agency may charge a service fee to the public 3953
schools for the property not to exceed the direct cost of 3954
repairing or refurbishing it. The state agency shall deposit such 3955
funds into the account used for repair or refurbishment.3956

       Sec. 125.182. (A) The office of information technology, by 3957
itself or by contract with another entity, shall establish, 3958
operate, and maintain a statethe official public notice web site. 3959
In establishing, maintaining, and operating the stateofficial3960
public notice web site, the office of information technology or 3961
its contractor shall:3962

       (A)(1) Use a domain name for the web site that will be easily 3963
recognizable and remembered by and understandable to users of the 3964
web site;3965

       (B)(2) Maintain the web site on the internet so that it is 3966
fully accessible to and searchable by members of the public at all 3967
times, other than during maintenance or acts of God outside the 3968
office's or its contractor's control;3969

       (C)(3) Not charge a fee to a person whothat accesses,the 3970
web site to view notices or to perform searches, or otherwise uses3971
of the web site, provided that the office or its contractor may 3972
charge a fee for enhanced search and customized content delivery 3973
features;3974

       (D)(4) Not charge a fee to a state agency or political 3975
subdivision for publishing a notice on the web site;3976

       (E)(5) Ensure that notices displayed on the web site conform 3977
to the requirements that would apply to the notices if they were 3978
being published in a newspaper, as directed in section 7.16 of the 3979
Revised Code or in the relevant provision of the statute or rule 3980
that requires the notice;3981

       (F)(6) Ensure that notices continue to be displayed on the 3982
web site for not less than the length of time required by the 3983
relevant provision of the statute or rule that requires the 3984
notice;3985

       (G) Devise and display on the web site a form that may be 3986
downloaded and used to request publication of a notice on the web 3987
site;3988

       (H) Enable responsible parties to submit notices and requests 3989
for their publication;3990

       (I)(7) Maintain an archive of notices that no longer are 3991
displayed on the web site;3992

       (J)(8) Enable notices, both those currently displayed and 3993
those archived, to be accessed by key word, by party name, by case 3994
number, by county, and by other useful identifiers;3995

       (K)(9) Maintain adequate systemic security and backup 3996
features, and develop and maintain a contingency plan for coping 3997
with and recovering from power outages, systemic failures, and 3998
other unforeseeable difficulties;3999

       (L) Maintain the web site in such a manner that it will not 4000
infringe legally protected interests, so that vulnerability of the 4001
web site to interruption because of litigation or the threat of 4002
litigation is reduced; and4003

       (M) Submit a status report to the secretary of state twice 4004
annually that demonstrates compliance with statutory requirements 4005
governing publication of notices.4006

       The office of information technology shall bear the expense 4007
of maintaining the state public notice web site domain name(10) 4008
Provide access to the web site to the publisher of any Ohio 4009
newspaper or daily law journal that qualifies under the Revised 4010
Code to publish notices and advertisements, for the posting of 4011
notices and advertisements at no cost, or for a reasonable, 4012
uniform fee for the service; and4013

       (11) Provide, if requested, a regularly scheduled feed or 4014
similar data transfer to the department of administrative services 4015
of notices and advertisements posted on the web site, provided 4016
that the office of information technology or its contractor shall 4017
not be required to provide the feed or transfer more often than 4018
once every business day.4019

       (B) An error in a notice or advertisement posted on the 4020
official public notice web site, or a temporary web site outage or 4021
service interruption preventing the posting or display of a notice 4022
or advertisement on that web site, does not constitute a defect in 4023
making legal publication of the notice or advertisement, and 4024
publication requirements shall be considered met if the notice or 4025
advertisement published in the newspaper or daily law journal is 4026
correct.4027

       (C) The publisher of a newspaper of general circulation or of 4028
a daily law journal that maintains a web site shall include on its 4029
web site a link to the official public notice web site.4030

       Sec. 126.21.  (A) The director of budget and management shall 4031
do all of the following:4032

       (1) Keep all necessary accounting records;4033

       (2) Prescribe and maintain the accounting system of the state 4034
and establish appropriate accounting procedures and charts of 4035
accounts;4036

       (3) Establish procedures for the use of written, electronic, 4037
optical, or other communications media for approving and reviewing 4038
payment vouchers;4039

       (4) Reconcile, in the case of any variation between the 4040
amount of any appropriation and the aggregate amount of items of 4041
the appropriation, with the advice and assistance of the state 4042
agency affected by it and the legislative service commission, 4043
totals so as to correspond in the aggregate with the total 4044
appropriation. In the case of a conflict between the item and the 4045
total of which it is a part, the item shall be considered the 4046
intended appropriation.4047

       (5) Evaluate on an ongoing basis and, if necessary, recommend 4048
improvements to the internal controls used in state agencies;4049

       (6) Authorize the establishment of petty cash accounts. The 4050
director may withdraw approval for any petty cash account and 4051
require the officer in charge to return to the state treasury any 4052
unexpended balance shown by the officer's accounts to be on hand. 4053
Any officer who is issued a warrant for petty cash shall render a 4054
detailed account of the expenditures of the petty cash and shall 4055
report when requested the balance of petty cash on hand at any 4056
time.4057

       (7) Process orders, invoices, vouchers, claims, and payrolls 4058
and prepare financial reports and statements;4059

       (8) Perform extensions, reviews, and compliance checks prior 4060
to or after approving a payment as the director considers 4061
necessary;4062

       (9) Issue the official comprehensive annual financial report 4063
of the state. The report shall cover all funds of the state 4064
reporting entity and shall include basic financial statements and 4065
required supplementary information prepared in accordance with 4066
generally accepted accounting principles and other information as 4067
the director provides. All state agencies, authorities, 4068
institutions, offices, retirement systems, and other component 4069
units of the state reporting entity as determined by the director 4070
shall furnish the director whatever financial statements and other 4071
information the director requests for the report, in the form, at 4072
the times, covering the periods, and with the attestation the 4073
director prescribes. The information for state institutions of 4074
higher education, as defined in section 3345.011 of the Revised 4075
Code, shall be submitted to the chancellor by the Ohio board of 4076
regents. The board shall establish a due date by which each such 4077
institution shall submit the information to the board, but no such 4078
date shall be later than one hundred twenty days after the end of 4079
the state fiscal year unless a later date is approved by the 4080
director.4081

       (B) In addition to the director's duties under division (A) 4082
of this section, the director may establish and administer one or 4083
more state payment card programs that permit or require state 4084
agencies and political subdivisions to use a payment card to 4085
purchase equipment, materials, supplies, or services in accordance 4086
with guidelines issued by the director. The chief administrative 4087
officer of a state agency or political subdivision that uses a 4088
payment card for such purposes shall ensure that purchases made 4089
with the card are made in accordance with the guidelines issued by 4090
the director and do not exceed the unexpended, unencumbered, 4091
unobligated balance in the appropriation to be charged for the 4092
purchase. State agencies may participate in only those state4093
payment card programs that the director establishes pursuant to 4094
this section.4095

       (C) In addition to the director's duties under divisions (A) 4096
and (B) of this section, the director may enter into any contract 4097
or agreement necessary for and incidental to the performance of 4098
the director's duties or the duties of the office of budget and 4099
management.4100

       (D) In addition to the director's duties under divisions (A), 4101
(B), and (C) of this section, the director may operate a shared 4102
services center within the office of budget and management for the 4103
purpose of consolidating common business functions and 4104
transactional processes. The services offered by the shared 4105
services center may be provided to any state agency or political 4106
subdivision. In consultation with the director of administrative 4107
services, the director may appoint and fix the compensation of 4108
employees of the office of budget and management whose primary 4109
duties include the consolidation of statewide financingcommon 4110
business functions and common transactional processes.4111

       (E) The director may transfer cash between funds other than 4112
the general revenue fund in order to correct an erroneous payment 4113
or deposit regardless of the fiscal year during which the 4114
erroneous payment or deposit occurred.4115

       (F) As used in divisions (B) and (D) of this section:4116

       (1) "Political subdivision" has the same meaning as in 4117
section 2744.01 of the Revised Code.4118

       (2) "State agency" has the same meaning as in section 9.482 4119
of the Revised Code.4120

       Sec. 126.25.  The accounting and budgeting services provided 4121
by the director of budget and management under section 126.21 of 4122
the Revised Code shall be supported by user charges. The director 4123
shall determine a rate that is sufficient to defray the expense of 4124
those services and the manner by which those charges shall be 4125
collected. All money collected from userthe charges shall be 4126
deposited in the state treasury to the credit of the accounting 4127
and budgeting fund, which is hereby created. Rebates or revenue 4128
shares received from any state payment card program established 4129
under division (B) of section 126.21 of the Revised Code and 4130
miscellaneous payments that reimburse expenses paid from the 4131
accounting and budgeting fund may be deposited into the accounting 4132
and budgeting fund and used to support accounting and budgeting4133
the services provided by the director.4134

       Sec. 131.02. (A) Except as otherwise provided in section 4135
4123.37, section 5703.061, and division (K) of section 4123.511 of 4136
the Revised Code, whenever any amount is payable to the state, the 4137
officer, employee, or agent responsible for administering the law 4138
under which the amount is payable shall immediately proceed to 4139
collect the amount or cause the amount to be collected and shall 4140
pay the amount into the state treasury or into the appropriate 4141
custodial fund in the manner set forth pursuant to section 113.08 4142
of the Revised Code. Except as otherwise provided in this 4143
division, if the amount is not paid within forty-five days after 4144
payment is due, the officer, employee, or agent shall certify the 4145
amount due to the attorney general, in the form and manner 4146
prescribed by the attorney general, and notify the director of 4147
budget and management thereof. In the case of an amount payable by 4148
a student enrolled in a state institution of higher education, the 4149
amount shall be certified within the later of forty-five days 4150
after the amount is due or the tenth day after the beginning of 4151
the next academic semester, quarter, or other session following 4152
the session for which the payment is payable. The attorney general 4153
may assess the collection cost to the amount certified in such 4154
manner and amount as prescribed by the attorney general. If an 4155
amount payable to a political subdivision is past due, the 4156
political subdivision may, with the approval of the attorney 4157
general, certify the amount to the attorney general pursuant to 4158
this section.4159

       For the purposes of this section, the attorney general and 4160
the officer, employee, or agent responsible for administering the 4161
law under which the amount is payable shall agree on the time a 4162
payment is due, and that agreed upon time shall be one of the 4163
following times:4164

        (1) If a law, including an administrative rule, of this state 4165
prescribes the time a payment is required to be made or reported, 4166
when the payment is required by that law to be paid or reported.4167

        (2) If the payment is for services rendered, when the 4168
rendering of the services is completed.4169

        (3) If the payment is reimbursement for a loss, when the loss 4170
is incurred.4171

        (4) In the case of a fine or penalty for which a law or 4172
administrative rule does not prescribe a time for payment, when 4173
the fine or penalty is first assessed.4174

        (5) If the payment arises from a legal finding, judgment, or 4175
adjudication order, when the finding, judgment, or order is 4176
rendered or issued.4177

        (6) If the payment arises from an overpayment of money by the 4178
state to another person, when the overpayment is discovered.4179

        (7) The date on which the amount for which an individual is 4180
personally liable under section 5735.35, section 5739.33, or 4181
division (G) of section 5747.07 of the Revised Code is determined.4182

        (8) Upon proof of claim being filed in a bankruptcy case.4183

       (9) For premiums and assessments due under Chapter 4123. of 4184
the Revised Code, thirty days after the date upon which 4185
subscribers to the state insurance fund must report actual 4186
payrolls for the policy year pursuant to section 4123.26 of the 4187
Revised Code for employers described in division (B)(2) of section 4188
4123.01 of the Revised Code or pursuant to section 4123.41 of the 4189
Revised Code for employers described in division (B)(1) of section 4190
4123.01 of the Revised Code.4191

       (10) Any other appropriate time determined by the attorney 4192
general and the officer, employee, or agent responsible for 4193
administering the law under which the amount is payable on the 4194
basis of statutory requirements or ordinary business processes of 4195
the state agency to which the payment is owed.4196

       (B)(1) The attorney general shall give immediate notice by 4197
mail or otherwise to the party indebted of the nature and amount 4198
of the indebtedness.4199

       (2) If the amount payable to this state arises from a tax 4200
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the 4201
Revised Code, the notice also shall specify all of the following:4202

       (a) The assessment or case number;4203

       (b) The tax pursuant to which the assessment is made;4204

       (c) The reason for the liability, including, if applicable, 4205
that a penalty or interest is due;4206

       (d) An explanation of how and when interest will be added to 4207
the amount assessed;4208

       (e) That the attorney general and tax commissioner, acting 4209
together, have the authority, but are not required, to compromise 4210
the claim and accept payment over a reasonable time, if such 4211
actions are in the best interest of the state.4212

       (C) The attorney general shall collect the claim or secure a 4213
judgment and issue an execution for its collection.4214

       (D) Each claim shall bear interest, from the day on which the 4215
claim became due, at the rate per annum required by section 4216
5703.47 of the Revised Code.4217

       (E) The attorney general and the chief officer of the agency 4218
reporting a claim, acting together, may do any of the following if 4219
such action is in the best interests of the state:4220

       (1) Compromise the claim;4221

       (2) Extend for a reasonable period the time for payment of 4222
the claim by agreeing to accept monthly or other periodic 4223
payments. The agreement may require security for payment of the 4224
claim.4225

       (3) Add fees to recover the cost of processing checks or 4226
other draft instruments returned for insufficient funds and the 4227
cost of providing electronic payment options.4228

       (F)(1) Except as provided in division (F)(2) of this section, 4229
if the attorney general finds, after investigation, that any claim 4230
due and owing to the state is uncollectible, the attorney general, 4231
with the consent of the chief officer of the agency reporting the 4232
claim, may do the following:4233

        (a) Sell, convey, or otherwise transfer the claim to one or 4234
more private entities for collection;4235

        (b) Cancel the claim or cause it to be canceled.4236

        (2) The attorney general shall cancel or cause to be canceled 4237
an unsatisfied claim on the date that is forty years after the 4238
date the claim is certified.4239

       (3) No initial action shall be commenced to collect any tax 4240
payable to the state that is administered by the tax commissioner, 4241
whether or not such tax is subject to division (B) of this 4242
section, or any penalty, interest, or additional charge on such 4243
tax, after the expiration of the period ending on the later of the 4244
dates specified in divisions (F)(3)(a) and (b) of this section, 4245
provided that such period shall be extended by the period of any 4246
stay to such collection or by any other period to which the 4247
parties mutually agree. If the initial action in aid of execution 4248
is commenced before the later of the dates specified in divisions 4249
(F)(3)(a) and (b) of this section, any and all subsequent actions 4250
may be pursued in aid of execution of judgment for as long as the 4251
debt exists.4252

       (a) Seven years after the assessment of the tax, penalty, 4253
interest, or additional charge is issued.4254

       (b) Four years after the assessment of the tax, penalty, 4255
interest, or additional charge becomes final. For the purposes of 4256
division (F)(3)(b) of this section, the assessment becomes final 4257
at the latest of the following: upon expiration of the period to 4258
petition for reassessment, or if applicable, to appeal a final 4259
determination of the commissioner or decision of the board of tax 4260
appeals or a court, or, if applicable, upon decision of the United 4261
States supreme court.4262

       For the purposes of division (F)(3) of this section, an 4263
initial action to collect a tax debt is commenced at the time when 4264
any action, including any action in aid of execution on a 4265
judgment, commences after a certified copy of the tax 4266
commissioner's entry making an assessment final has been filed in 4267
the office of the clerk of court of common pleas in the county in 4268
which the taxpayer resides or has its principal place of business 4269
in this state, or in the office of the clerk of court of common 4270
pleas of Franklin county, as provided in section 5739.13, 5741.14, 4271
5747.13, or 5751.09 of the Revised Code or in any other applicable 4272
law requiring such a filing. If an assessment has not been issued 4273
and there is no time limitation on the issuance of an assessment 4274
under applicable law, an action to collect a tax debt commences 4275
when the action is filed in the courts of this state to collect 4276
the liability.4277

       (4) If information contained in a claim that is sold, 4278
conveyed, or transferred to a private entity pursuant to this 4279
section is confidential pursuant to federal law or a section of 4280
the Revised Code that implements a federal law governing 4281
confidentiality, such information remains subject to that law 4282
during and following the sale, conveyance, or transfer.4283

       Sec. 133.06.  (A) A school district shall not incur, without 4284
a vote of the electors, net indebtedness that exceeds an amount 4285
equal to one-tenth of one per cent of its tax valuation, except as 4286
provided in divisions (G) and (H) of this section and in division 4287
(C) of section 3313.372 of the Revised Code, or as prescribed in 4288
section 3318.052 or 3318.44 of the Revised Code, or as provided in 4289
division (J) of this section.4290

       (B) Except as provided in divisions (E), (F), and (I) of this 4291
section, a school district shall not incur net indebtedness that 4292
exceeds an amount equal to nine per cent of its tax valuation.4293

       (C) A school district shall not submit to a vote of the 4294
electors the question of the issuance of securities in an amount 4295
that will make the district's net indebtedness after the issuance 4296
of the securities exceed an amount equal to four per cent of its 4297
tax valuation, unless the superintendent of public instruction, 4298
acting under policies adopted by the state board of education, and 4299
the tax commissioner, acting under written policies of the 4300
commissioner, consent to the submission. A request for the 4301
consents shall be made at least one hundred twenty days prior to 4302
the election at which the question is to be submitted.4303

       The superintendent of public instruction shall certify to the 4304
district the superintendent's and the tax commissioner's decisions 4305
within thirty days after receipt of the request for consents.4306

       If the electors do not approve the issuance of securities at 4307
the election for which the superintendent of public instruction 4308
and tax commissioner consented to the submission of the question, 4309
the school district may submit the same question to the electors 4310
on the date that the next special election may be held under 4311
section 3501.01 of the Revised Code without submitting a new 4312
request for consent. If the school district seeks to submit the 4313
same question at any other subsequent election, the district shall 4314
first submit a new request for consent in accordance with this 4315
division.4316

       (D) In calculating the net indebtedness of a school district, 4317
none of the following shall be considered:4318

       (1) Securities issued to acquire school buses and other 4319
equipment used in transporting pupils or issued pursuant to 4320
division (D) of section 133.10 of the Revised Code;4321

       (2) Securities issued under division (F) of this section, 4322
under section 133.301 of the Revised Code, and, to the extent in 4323
excess of the limitation stated in division (B) of this section, 4324
under division (E) of this section;4325

       (3) Indebtedness resulting from the dissolution of a joint 4326
vocational school district under section 3311.217 of the Revised 4327
Code, evidenced by outstanding securities of that joint vocational 4328
school district;4329

       (4) Loans, evidenced by any securities, received under 4330
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;4331

       (5) Debt incurred under section 3313.374 of the Revised Code;4332

       (6) Debt incurred pursuant to division (B)(5) of section 4333
3313.37 of the Revised Code to acquire computers and related 4334
hardware;4335

       (7) Debt incurred under section 3318.042 of the Revised Code.4336

       (E) A school district may become a special needs district as 4337
to certain securities as provided in division (E) of this section.4338

       (1) A board of education, by resolution, may declare its 4339
school district to be a special needs district by determining both 4340
of the following:4341

       (a) The student population is not being adequately serviced 4342
by the existing permanent improvements of the district.4343

       (b) The district cannot obtain sufficient funds by the 4344
issuance of securities within the limitation of division (B) of 4345
this section to provide additional or improved needed permanent 4346
improvements in time to meet the needs.4347

       (2) The board of education shall certify a copy of that 4348
resolution to the superintendent of public instruction with a 4349
statistical report showing all of the following:4350

       (a) The history of and a projection of the growth of the tax 4351
valuation;4352

       (b) The projected needs;4353

       (c) The estimated cost of permanent improvements proposed to 4354
meet such projected needs.4355

       (3) The superintendent of public instruction shall certify 4356
the district as an approved special needs district if the 4357
superintendent finds both of the following:4358

       (a) The district does not have available sufficient 4359
additional funds from state or federal sources to meet the 4360
projected needs.4361

       (b) The projection of the potential average growth of tax 4362
valuation during the next five years, according to the information 4363
certified to the superintendent and any other information the 4364
superintendent obtains, indicates a likelihood of potential 4365
average growth of tax valuation of the district during the next 4366
five years of an average of not less than one and one-half per 4367
cent per year. The findings and certification of the 4368
superintendent shall be conclusive.4369

       (4) An approved special needs district may incur net 4370
indebtedness by the issuance of securities in accordance with the 4371
provisions of this chapter in an amount that does not exceed an 4372
amount equal to the greater of the following:4373

       (a) Twelve per cent of the sum of its tax valuation plus an 4374
amount that is the product of multiplying that tax valuation by 4375
the percentage by which the tax valuation has increased over the 4376
tax valuation on the first day of the sixtieth month preceding the 4377
month in which its board determines to submit to the electors the 4378
question of issuing the proposed securities;4379

       (b) Twelve per cent of the sum of its tax valuation plus an 4380
amount that is the product of multiplying that tax valuation by 4381
the percentage, determined by the superintendent of public 4382
instruction, by which that tax valuation is projected to increase 4383
during the next ten years.4384

       (F) A school district may issue securities for emergency 4385
purposes, in a principal amount that does not exceed an amount 4386
equal to three per cent of its tax valuation, as provided in this 4387
division.4388

       (1) A board of education, by resolution, may declare an 4389
emergency if it determines both of the following:4390

       (a) School buildings or other necessary school facilities in 4391
the district have been wholly or partially destroyed, or condemned 4392
by a constituted public authority, or that such buildings or 4393
facilities are partially constructed, or so constructed or planned 4394
as to require additions and improvements to them before the 4395
buildings or facilities are usable for their intended purpose, or 4396
that corrections to permanent improvements are necessary to remove 4397
or prevent health or safety hazards.4398

       (b) Existing fiscal and net indebtedness limitations make 4399
adequate replacement, additions, or improvements impossible.4400

       (2) Upon the declaration of an emergency, the board of 4401
education may, by resolution, submit to the electors of the 4402
district pursuant to section 133.18 of the Revised Code the 4403
question of issuing securities for the purpose of paying the cost, 4404
in excess of any insurance or condemnation proceeds received by 4405
the district, of permanent improvements to respond to the 4406
emergency need.4407

       (3) The procedures for the election shall be as provided in 4408
section 133.18 of the Revised Code, except that:4409

       (a) The form of the ballot shall describe the emergency 4410
existing, refer to this division as the authority under which the 4411
emergency is declared, and state that the amount of the proposed 4412
securities exceeds the limitations prescribed by division (B) of 4413
this section;4414

       (b) The resolution required by division (B) of section 133.18 4415
of the Revised Code shall be certified to the county auditor and 4416
the board of elections at least one hundred days prior to the 4417
election;4418

       (c) The county auditor shall advise and, not later than 4419
ninety-five days before the election, confirm that advice by 4420
certification to, the board of education of the information 4421
required by division (C) of section 133.18 of the Revised Code;4422

       (d) The board of education shall then certify its resolution 4423
and the information required by division (D) of section 133.18 of 4424
the Revised Code to the board of elections not less than ninety 4425
days prior to the election.4426

       (4) Notwithstanding division (B) of section 133.21 of the 4427
Revised Code, the first principal payment of securities issued 4428
under this division may be set at any date not later than sixty 4429
months after the earliest possible principal payment otherwise 4430
provided for in that division.4431

       (G)(1) The board of education may contract with an architect, 4432
professional engineer, or other person experienced in the design 4433
and implementation of energy conservation measures for an analysis 4434
and recommendations pertaining to installations, modifications of 4435
installations, or remodeling that would significantly reduce 4436
energy consumption in buildings owned by the district. The report 4437
shall include estimates of all costs of such installations, 4438
modifications, or remodeling, including costs of design, 4439
engineering, installation, maintenance, repairs, measurement and 4440
verification of energy savings, and debt service, forgone residual 4441
value of materials or equipment replaced by the energy 4442
conservation measure, as defined by the Ohio school facilities 4443
commission, a baseline analysis of actual energy consumption data 4444
for the preceding three years with the utility baseline based on 4445
only the actual energy consumption data for the preceding twelve 4446
months, and estimates of the amounts by which energy consumption 4447
and resultant operational and maintenance costs, as defined by the 4448
commission, would be reduced.4449

       If the board finds after receiving the report that the amount 4450
of money the district would spend on such installations, 4451
modifications, or remodeling is not likely to exceed the amount of 4452
money it would save in energy and resultant operational and 4453
maintenance costs over the ensuing fifteen years, the board may 4454
submit to the commission a copy of its findings and a request for 4455
approval to incur indebtedness to finance the making or 4456
modification of installations or the remodeling of buildings for 4457
the purpose of significantly reducing energy consumption.4458

        The school facilities commission, in consultation with the 4459
auditor of state, may deny a request under this division by the 4460
board of education any school district is in a state of fiscal 4461
watch pursuant to division (A) of section 3316.03 of the Revised 4462
Code, if it determines that the expenditure of funds is not in the 4463
best interest of the school district.4464

       No district board of education of a school district that is 4465
in a state of fiscal emergency pursuant to division (B) of section 4466
3316.03 of the Revised Code shall submit a request without 4467
submitting evidence that the installations, modifications, or 4468
remodeling have been approved by the district's financial planning 4469
and supervision commission established under section 3316.05 of 4470
the Revised Code.4471

       No board of education of a school district that, for three or 4472
more consecutive years, has been declared to be in a state of 4473
academic emergency under section 3302.03 of the Revised Code, as 4474
that section existed prior to March 22, 2013, and has failed to 4475
meet adequate yearly progress, or has met any condition set forth 4476
in division (A)(2), (3), or (4)(1)(b), (c), or (d) of section 4477
3302.10 of the Revised Code shall submit a request without first 4478
receiving approval to incur indebtedness from the district's 4479
academic distress commission, if one has been established for the 4480
district under that section, for so long as such commission 4481
continues to be requiredin operation for the district.4482

       (2) The school facilities commission shall approve the 4483
board's request provided that the following conditions are 4484
satisfied:4485

       (a) The commission determines that the board's findings are 4486
reasonable.4487

       (b) The request for approval is complete.4488

       (c) The installations, modifications, or remodeling are 4489
consistent with any project to construct or acquire classroom 4490
facilities, or to reconstruct or make additions to existing 4491
classroom facilities under sections 3318.01 to 3318.20 or sections 4492
3318.40 to 3318.45 of the Revised Code.4493

       Upon receipt of the commission's approval, the district may 4494
issue securities without a vote of the electors in a principal 4495
amount not to exceed nine-tenths of one per cent of its tax 4496
valuation for the purpose of making such installations, 4497
modifications, or remodeling, but the total net indebtedness of 4498
the district without a vote of the electors incurred under this 4499
and all other sections of the Revised Code, except section 4500
3318.052 of the Revised Code, shall not exceed one per cent of the 4501
district's tax valuation.4502

       (3) So long as any securities issued under this division 4503
remain outstanding, the board of education shall monitor the 4504
energy consumption and resultant operational and maintenance costs 4505
of buildings in which installations or modifications have been 4506
made or remodeling has been done pursuant to this division and. 4507
Except as provided in division (G)(4) of this section, the board4508
shall maintain and annually update a report in a form and manner 4509
prescribed by the school facilities commission documenting the 4510
reductions in energy consumption and resultant operational and 4511
maintenance cost savings attributable to such installations, 4512
modifications, or remodeling. The report shall be certified by an 4513
architect or engineer independent of any person that provided 4514
goods or services to the board in connection with the energy 4515
conservation measures that are the subject of the report. The 4516
resultant operational and maintenance cost savings shall be 4517
certified by the school district treasurer. The report shall be 4518
submitted annually to the commission.4519

       (4) If the school facilities commission verifies that the 4520
certified annual reports submitted to the commission by a board of 4521
education under division (G)(3) of this section fulfill the 4522
guarantee required under division (B) of section 3313.372 of the 4523
Revised Code for three consecutive years, the board of education 4524
shall no longer be subject to the annual reporting requirements of 4525
division (G)(3) of this section.4526

       (H) With the consent of the superintendent of public 4527
instruction, a school district may incur without a vote of the 4528
electors net indebtedness that exceeds the amounts stated in 4529
divisions (A) and (G) of this section for the purpose of paying 4530
costs of permanent improvements, if and to the extent that both of 4531
the following conditions are satisfied:4532

       (1) The fiscal officer of the school district estimates that 4533
receipts of the school district from payments made under or 4534
pursuant to agreements entered into pursuant to section 725.02, 4535
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 4536
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 4537
Code, or distributions under division (C) of section 5709.43 of 4538
the Revised Code, or any combination thereof, are, after 4539
accounting for any appropriate coverage requirements, sufficient 4540
in time and amount, and are committed by the proceedings, to pay 4541
the debt charges on the securities issued to evidence that 4542
indebtedness and payable from those receipts, and the taxing 4543
authority of the district confirms the fiscal officer's estimate, 4544
which confirmation is approved by the superintendent of public 4545
instruction;4546

       (2) The fiscal officer of the school district certifies, and 4547
the taxing authority of the district confirms, that the district, 4548
at the time of the certification and confirmation, reasonably 4549
expects to have sufficient revenue available for the purpose of 4550
operating such permanent improvements for their intended purpose 4551
upon acquisition or completion thereof, and the superintendent of 4552
public instruction approves the taxing authority's confirmation.4553

       The maximum maturity of securities issued under division (H) 4554
of this section shall be the lesser of twenty years or the maximum 4555
maturity calculated under section 133.20 of the Revised Code.4556

       (I) A school district may incur net indebtedness by the 4557
issuance of securities in accordance with the provisions of this 4558
chapter in excess of the limit specified in division (B) or (C) of 4559
this section when necessary to raise the school district portion 4560
of the basic project cost and any additional funds necessary to 4561
participate in a project under Chapter 3318. of the Revised Code, 4562
including the cost of items designated by the Ohio school 4563
facilities commission as required locally funded initiatives, the 4564
cost of other locally funded initiatives in an amount that does 4565
not exceed fifty per cent of the district's portion of the basic 4566
project cost, and the cost for site acquisition. The school 4567
facilities commission shall notify the superintendent of public 4568
instruction whenever a school district will exceed either limit 4569
pursuant to this division.4570

       (J) A school district whose portion of the basic project cost 4571
of its classroom facilities project under sections 3318.01 to 4572
3318.20 of the Revised Code is greater than or equal to one 4573
hundred million dollars may incur without a vote of the electors 4574
net indebtedness in an amount up to two per cent of its tax 4575
valuation through the issuance of general obligation securities in 4576
order to generate all or part of the amount of its portion of the 4577
basic project cost if the controlling board has approved the 4578
school facilities commission's conditional approval of the project 4579
under section 3318.04 of the Revised Code. The school district 4580
board and the Ohio school facilities commission shall include the 4581
dedication of the proceeds of such securities in the agreement 4582
entered into under section 3318.08 of the Revised Code. No state 4583
moneys shall be released for a project to which this section 4584
applies until the proceeds of any bonds issued under this section 4585
that are dedicated for the payment of the school district portion 4586
of the project are first deposited into the school district's 4587
project construction fund.4588

       Sec. 149.311.  (A) As used in this section:4589

       (1) "Historic building" means a building, including its 4590
structural components, that is located in this state and that is 4591
either individually listed on the national register of historic 4592
places under 16 U.S.C. 470a, located in a registered historic 4593
district, and certified by the state historic preservation officer 4594
as being of historic significance to the district, or is 4595
individually listed as an historic landmark designated by a local 4596
government certified under 16 U.S.C. 470a(c).4597

       (2) "Qualified rehabilitation expenditures" means 4598
expenditures paid or incurred during the rehabilitation period, 4599
and before and after that period as determined under 26 U.S.C. 47, 4600
by an owner or qualified lessee of an historic building to 4601
rehabilitate the building. "Qualified rehabilitation expenditures" 4602
includes architectural or engineering fees paid or incurred in 4603
connection with the rehabilitation, and expenses incurred in the 4604
preparation of nomination forms for listing on the national 4605
register of historic places. "Qualified rehabilitation 4606
expenditures" does not include any of the following:4607

       (a) The cost of acquiring, expanding, or enlarging an 4608
historic building;4609

       (b) Expenditures attributable to work done to facilities 4610
related to the building, such as parking lots, sidewalks, and 4611
landscaping;4612

       (c) New building construction costs.4613

       (3) "Owner" of an historic building means a person holding 4614
the fee simple interest in the building. "Owner" does not include 4615
the state or a state agency, or any political subdivision as 4616
defined in section 9.23 of the Revised Code.4617

       (4) "Qualified lessee" means a person subject to a lease 4618
agreement for an historic building and eligible for the federal 4619
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" 4620
does not include the state or a state agency or political 4621
subdivision as defined in section 9.23 of the Revised Code.4622

       (5) "Certificate owner" means the owner or qualified lessee 4623
of an historic building to which a rehabilitation tax credit 4624
certificate was issued under this section.4625

       (6) "Registered historic district" means an historic district 4626
listed in the national register of historic places under 16 U.S.C. 4627
470a, an historic district designated by a local government 4628
certified under 16 U.S.C. 470a(c), or a local historic district 4629
certified under 36 C.F.R. 67.8 and 67.9.4630

       (7) "Rehabilitation" means the process of repairing or 4631
altering an historic building or buildings, making possible an 4632
efficient use while preserving those portions and features of the 4633
building and its site and environment that are significant to its 4634
historic, architectural, and cultural values.4635

       (8) "Rehabilitation period" means one of the following:4636

       (a) If the rehabilitation initially was not planned to be 4637
completed in stages, a period chosen by the owner or qualified 4638
lessee not to exceed twenty-four months during which 4639
rehabilitation occurs;4640

       (b) If the rehabilitation initially was planned to be 4641
completed in stages, a period chosen by the owner or qualified 4642
lessee not to exceed sixty months during which rehabilitation 4643
occurs. Each stage shall be reviewed as a phase of a 4644
rehabilitation as determined under 26 C.F.R. 1.48-12 or a 4645
successor to that section.4646

       (9) "State historic preservation officer" or "officer" means 4647
the state historic preservation officer appointed by the governor 4648
under 16 U.S.C. 470a.4649

       (B) The owner or qualified lessee of an historic building may 4650
apply to the director of development services for a rehabilitation 4651
tax credit certificate for qualified rehabilitation expenditures 4652
paid or incurred by such owner or qualified lessee after April 4, 4653
2007, for rehabilitation of an historic building. If the owner of 4654
an historic building enters a pass-through agreement with a 4655
qualified lessee for the purposes of the federal rehabilitation 4656
tax credit under 26 U.S.C. 47, the qualified rehabilitation 4657
expenditures paid or incurred by the owner after April 4, 2007, 4658
may be attributed to the qualified lessee.4659

       The form and manner of filing such applications shall be 4660
prescribed by rule of the director. Each application shall state 4661
the amount of qualified rehabilitation expenditures the applicant 4662
estimates will be paid or incurred. The director may require 4663
applicants to furnish documentation of such estimates.4664

       The director, after consultation with the tax commissioner 4665
and in accordance with Chapter 119. of the Revised Code, shall 4666
adopt rules that establish all of the following:4667

        (1) Forms and procedures by which applicants may apply for 4668
rehabilitation tax credit certificates;4669

        (2) Criteria for reviewing, evaluating, and approving 4670
applications for certificates within the limitations under 4671
division (D) of this section, criteria for assuring that the 4672
certificates issued encompass a mixture of high and low qualified 4673
rehabilitation expenditures, and criteria for issuing certificates 4674
under division (C)(3)(b) of this section;4675

        (3) Eligibility requirements for obtaining a certificate 4676
under this section;4677

        (4) The form of rehabilitation tax credit certificates;4678

        (5) Reporting requirements and monitoring procedures;4679

        (6) Procedures and criteria for conducting cost-benefit 4680
analyses of historic buildings that are the subjects of 4681
applications filed under this section. The purpose of a 4682
cost-benefit analysis shall be to determine whether rehabilitation 4683
of the historic building will result in a net revenue gain in 4684
state and local taxes once the building is used.4685

       (7) Any other rules necessary to implement and administer 4686
this section.4687

       (C) The director of development services shall review the 4688
applications with the assistance of the state historic 4689
preservation officer and determine whether all of the following 4690
criteria are met:4691

       (1) That the building that is the subject of the application 4692
is an historic building and the applicant is the owner or 4693
qualified lessee of the building;4694

       (2) That the rehabilitation will satisfy standards prescribed 4695
by the United States secretary of the interior under 16 U.S.C. 4696
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 4697
that section;4698

       (3) That receiving a rehabilitation tax credit certificate 4699
under this section is a major factor in:4700

       (a) The applicant's decision to rehabilitate the historic 4701
building; or4702

       (b) To increase the level of investment in such 4703
rehabilitation.4704

       An applicant shall demonstrate to the satisfaction of the 4705
state historic preservation officer and director of development 4706
services that the rehabilitation will satisfy the standards 4707
described in division (C)(2) of this section before the applicant 4708
begins the physical rehabilitation of the historic building.4709

       (D)(1) If the director of development services determines 4710
that an application meets the criteria in divisions (C)(1), (2), 4711
and (3) of this section, the director shall conduct a cost-benefit 4712
analysis for the historic building that is the subject of the 4713
application to determine whether rehabilitation of the historic 4714
building will result in a net revenue gain in state and local 4715
taxes once the building is used. The director shall consider the 4716
results of the cost-benefit analysis in determining whether to 4717
approve the application. The director shall also consider the 4718
potential economic impact and the regional distributive balance of 4719
the credits throughout the state. The director may approve an 4720
application only after completion of the cost-benefit analysis.4721

       (2) A rehabilitation tax credit certificate shall not be 4722
issued for an amount greater than the estimated amount furnished 4723
by the applicant on the application for such certificate and 4724
approved by the director. The director shall not approve more than 4725
a total of sixty million dollars of rehabilitation tax credits per 4726
fiscal year but the director may reallocate unused tax credits 4727
from a prior fiscal year for new applicants and such reallocated 4728
credits shall not apply toward the dollar limit of this division.4729

       (3) For rehabilitations with a rehabilitation period not 4730
exceeding twenty-four months as provided in division (A)(7)(8)(a) 4731
of this section, a rehabilitation tax credit certificate shall not 4732
be issued before the rehabilitation of the historic building is 4733
completed.4734

       (4) For rehabilitations with a rehabilitation period not 4735
exceeding sixty months as provided in division (A)(7)(8)(b) of 4736
this section, a rehabilitation tax credit certificate shall not be 4737
issued before a stage of rehabilitation is completed. After all 4738
stages of rehabilitation are completed, if the director cannot 4739
determine that the criteria in division (C) of this section are 4740
satisfied for all stages of rehabilitations, the director shall 4741
certify this finding to the tax commissioner, and any 4742
rehabilitation tax credits received by the applicant shall be 4743
repaid by the applicant and may be collected by assessment as 4744
unpaid tax by the commissioner.4745

        (5) The director of development services shall require the 4746
applicant to provide a third-party cost certification by a 4747
certified public accountant of the actual costs attributed to the 4748
rehabilitation of the historic building when qualified 4749
rehabilitation expenditures exceed two hundred thousand dollars.4750

        If an applicant whose application is approved for receipt of 4751
a rehabilitation tax credit certificate fails to provide to the 4752
director sufficient evidence of reviewable progress, including a 4753
viable financial plan, copies of final construction drawings, and 4754
evidence that the applicant has obtained all historic approvals 4755
within twelve months after the date the applicant received 4756
notification of approval, and if the applicant fails to provide 4757
evidence to the director that the applicant has secured and closed 4758
on financing for the rehabilitation within eighteen months after 4759
receiving notification of approval, the director may rescind the 4760
approval of the application. The director shall notify the 4761
applicant if the approval has been rescinded. Credits that would 4762
have been available to an applicant whose approval was rescinded 4763
shall be available for other qualified applicants. Nothing in this 4764
division prohibits an applicant whose approval has been rescinded 4765
from submitting a new application for a rehabilitation tax credit 4766
certificate.4767

        (E) Issuance of a certificate represents a finding by the 4768
director of development services of the matters described in 4769
divisions (C)(1), (2), and (3) of this section only; issuance of a 4770
certificate does not represent a verification or certification by 4771
the director of the amount of qualified rehabilitation 4772
expenditures for which a tax credit may be claimed under section 4773
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the 4774
Revised Code. The amount of qualified rehabilitation expenditures 4775
for which a tax credit may be claimed is subject to inspection and 4776
examination by the tax commissioner or employees of the 4777
commissioner under section 5703.19 of the Revised Code and any 4778
other applicable law. Upon the issuance of a certificate, the 4779
director shall certify to the tax commissioner, in the form and 4780
manner requested by the tax commissioner, the name of the 4781
applicant, the amount of qualified rehabilitation expenditures 4782
shown on the certificate, and any other information required by 4783
the rules adopted under this section.4784

       (F)(1) On or before the first day of AprilAugust each year, 4785
the director of development services and tax commissioner jointly 4786
shall submit to the president of the senate and the speaker of the 4787
house of representatives a report on the tax credit program 4788
established under this section and sections 5725.151, 5725.34, 4789
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The 4790
report shall present an overview of the program and shall include 4791
information on the number of rehabilitation tax credit 4792
certificates issued under this section during the preceding fiscal 4793
year, an update on the status of each historic building for which 4794
an application was approved under this section, the dollar amount 4795
of the tax credits granted under sections 5725.151, 5725.34, 4796
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and 4797
any other information the director and commissioner consider 4798
relevant to the topics addressed in the report.4799

        (2) On or before December 1, 2015, the director of 4800
development services and tax commissioner jointly shall submit to 4801
the president of the senate and the speaker of the house of 4802
representatives a comprehensive report that includes the 4803
information required by division (F)(1) of this section and a 4804
detailed analysis of the effectiveness of issuing tax credits for 4805
rehabilitating historic buildings. The report shall be prepared 4806
with the assistance of an economic research organization jointly 4807
chosen by the director and commissioner.4808

       (G) There is hereby created in the state treasury the 4809
historic rehabilitation tax credit operating fund. The director of 4810
development services is authorized to charge reasonable 4811
application and other fees in connection with the administration 4812
of tax credits authorized by this section and sections 5725.151, 4813
5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 of the 4814
Revised Code. Any such fees collected shall be credited to the 4815
fund and used to pay reasonable costs incurred by the department 4816
of development services in administering this section and sections 4817
5725.151, 5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 4818
of the Revised Code.4819

       The Ohio historic preservation office is authorized to charge 4820
reasonable fees in connection with its review and approval of 4821
applications under this section. Any such fees collected shall be 4822
credited to the fund and used to pay administrative costs incurred 4823
by the Ohio historic preservation office pursuant to this section.4824

       Sec. 149.38.  (A) Except as otherwise provided in section 4825
307.847 of the Revised Code, there is hereby created in each 4826
county a county records commission, composed of a member of the 4827
board of county commissioners as chairperson, the prosecuting 4828
attorney, the auditor, the recorder, and the clerk of the court of 4829
common pleas. The commission shall appoint a secretary, who may or 4830
may not be a member of the commission and who shall serve at the 4831
pleasure of the commission. The commission may employ an archivist 4832
or records manager to serve under its direction. The commission 4833
shall meet at least once every six months and upon the call of the 4834
chairperson.4835

       (B)(1) The functions of the county records commission shall 4836
be to provide rules for retention and disposal of records of the 4837
county, and to review applications for one-time disposal of 4838
obsolete records and schedules of records retention and 4839
disposition submitted by county offices. The commission may 4840
dispose of records pursuant to the procedure outlined in this 4841
section. The commission, at any time, may review any schedule it 4842
has previously approved and, for good cause shown, may revise that 4843
schedule, subject to division (D) of this section.4844

       (2)(a) As used in division (B)(2) of this section, "paper 4845
case records" means written reports of child abuse or neglect, 4846
written records of investigations, or other written records 4847
required to be prepared under section 2151.421, 5101.13, 5153.166, 4848
or 5153.17 of the Revised Code. 4849

       (b) A county public children services agency may submit to 4850
the county records commission applications for one-time disposal, 4851
or schedules of records retention and disposition, of paper case 4852
records that have been entered into permanently maintained and 4853
retrievable fields in the state automated child welfare 4854
information system established under section 5101.13 of the 4855
Revised Code or entered into other permanently maintained and 4856
retrievable electronic files. The county records commission may 4857
dispose of the paper case records pursuant to the procedure 4858
outlined in this section. 4859

       (C)(1) When the county records commission has approved any 4860
county application for one-time disposal of obsolete records or 4861
any schedule of records retention and disposition, the commission 4862
shall send that application or schedule to the Ohio historical 4863
society for its review. The Ohio historical society shall review 4864
the application or schedule within a period of not more than sixty 4865
days after its receipt of it. During the sixty-day review period, 4866
the Ohio historical society may select for its custody from the 4867
application for one-time disposal of obsolete records any records 4868
it considers to be of continuing historical value, and shall 4869
denote upon any schedule of records retention and disposition any 4870
records for which the Ohio historical society will require a 4871
certificate of records disposal prior to their disposal.4872

       (2) Upon completion of its review, the Ohio historical 4873
society shall forward the application for one-time disposal of 4874
obsolete records or the schedule of records retention and 4875
disposition to the auditor of state for the auditor's approval or 4876
disapproval. The auditor of state shall approve or disapprove the 4877
application or schedule within a period of not more than sixty 4878
days after receipt of it. 4879

       (3) Before public records are to be disposed of pursuant to 4880
an approved schedule of records retention and disposition, the 4881
county records commission shall inform the Ohio historical society 4882
of the disposal through the submission of a certificate of records 4883
disposal for only the records required by the schedule to be 4884
disposed of and shall give the society the opportunity for a 4885
period of fifteen business days to select for its custody those 4886
records, from the certificate submitted, that it considers to be 4887
of continuing historical value. Upon the expiration of the 4888
fifteen-business-day period, the county records commission also 4889
shall notify the public libraries, county historical society, 4890
state universities, and other public or quasi-public institutions, 4891
agencies, or corporations in the county that have provided the 4892
commission with their name and address for these notification 4893
purposes, that the commission has informed the Ohio historical 4894
society of the records disposal and that the notified entities, 4895
upon written agreement with the Ohio historical society pursuant 4896
to section 149.31 of the Revised Code, may select records of 4897
continuing historical value, including records that may be 4898
distributed to any of the notified entities under section 149.31 4899
of the Revised Code. Any notified entity that notifies the county 4900
records commission of its intent to review and select records of 4901
continuing historical value from certificates of records disposal 4902
is responsible for the cost of any notice given and for the 4903
transportation of those records.4904

       (D) The rules of the county records commission shall include 4905
a rule that requires any receipts, checks, vouchers, or other 4906
similar records pertaining to expenditures from the delinquent tax 4907
and assessment collection fund created in section 321.261 of the 4908
Revised Code, from the real estate assessment fund created in 4909
section 325.31 of the Revised Code, or from amounts allocated for 4910
the furtherance of justice to the county sheriff under section 4911
325.071 of the Revised Code or to the prosecuting attorney under 4912
section 325.12 of the Revised Code to be retained for at least 4913
four years.4914

       (E) No person shall knowingly violate the rule adopted under 4915
division (D) of this section. Whoever violates that rule is guilty 4916
of a misdemeanor of the first degree.4917

       Sec. 150.10.  (A) On the first day of January of the second 4918
year after the date of entering into an agreement under section 4919
150.05 of the Revised Code and on the first day of August of each 4920
ensuing year, the authority shall file with the clerk of the house 4921
of representatives, the clerk of the senate, and the chairpersons 4922
of the house and senate standing committees predominantly 4923
concerned with economic development a written report on the Ohio 4924
venture capital program. The report shall include all the 4925
following:4926

       (1) A description of the details of the investment policy 4927
established or modified in accordance with sections 150.03 and 4928
150.04 of the Revised Code;4929

       (2) The authority's assessment of the program's achievement 4930
of its purpose stated in section 150.01 of the Revised Code;4931

       (3) The value of tax credit certificates issued by the 4932
authority under section 150.07 of the Revised Code in each fiscal 4933
year ending on or before the preceding thirtieth day of June;4934

       (4) The amount of tax credits claimed pursuant to section 4935
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 4936
of the Revised Code, as to the respective taxes involved;4937

       (5) The financial status of the Ohio venture capital fund;4938

       (6) The names of venture capital funds in which money from 4939
the program fund has been invested and the locations of their 4940
principal offices, and the names of the enterprises in which each 4941
of those venture capital funds has invested such money and the 4942
locations of those enterprises' principal offices;4943

       (7) Any recommendations for modifying the program to better 4944
achieve the purpose stated in section 150.01 of the Revised Code.4945

       (B) During each year that a report is issued under division 4946
(A) of this section, the chairperson of the authority, or another 4947
member of the authority designated by the chairperson as the 4948
authority's representative, shall be required to appear in person 4949
before the standing committees of the house and senate 4950
predominantly concerned with economic development to give 4951
testimony concerning the status of the Ohio venture capital 4952
program.4953

       Sec. 153.56. (A) Any person to whom any money is due for 4954
labor or work performed or materials furnished in a public 4955
improvement as provided in section 153.54 of the Revised Code, at 4956
any time after performing the labor or work or furnishing the 4957
materials, but not later than ninety days after the completion of 4958
the contract by the principal contractor or design-build firm and 4959
the acceptance of the public improvement for which the bond was 4960
provided by the duly authorized board or officer, shall furnish 4961
the sureties on the bond, a statement of the amount due to the 4962
person.4963

       (B) A suit shall not be brought against sureties on the bond 4964
until after sixty days after the furnishing of the statement 4965
described in division (A) of this section. If the indebtedness is 4966
not paid in full at the expiration of that sixty days, and if the 4967
person complies with division (C) of this section, the person may 4968
bring an action in the person's own name upon the bond, as 4969
provided in sections 2307.06 and 2307.07 of the Revised Code, that 4970
action to be commenced, notwithstanding section 2305.12 of the 4971
Revised Code, not later than one year from the date of acceptance 4972
of the public improvement for which the bond was provided.4973

       (C) To exercise rights under this section, a subcontractor or 4974
materials supplier supplying labor or materials that cost more 4975
than thirty thousand dollars, who is not in direct privity of 4976
contract with the principal contractor or design-build firm for 4977
the public improvement, shall serve a notice of furnishing upon 4978
the principal contractor or design-build firm in the form provided 4979
in section 1311.261 of the Revised Code.4980

       (D) A subcontractor or materials supplier who serves a notice 4981
of furnishing under division (C) of this section as required to 4982
exercise rights under this section has the right of recovery only 4983
as to amounts owed for labor and work performed and materials 4984
furnished during and after the twenty-one days immediately 4985
preceding service of the notice of furnishing.4986

       (E) For purposes of this section:4987

       (1) "Design-build firm" has the same meaning as in section 4988
153.65 of the Revised Code.4989

       (2) "Principal contractor" has the same meaning as in section 4990
1311.25 of the Revised Code, and may include a "construction 4991
manager" and a "construction manager at risk" as defined in 4992
section 9.33 of the Revised Code.4993

       Sec. 164.26. (A) The director of the Ohio public works 4994
commission shall establish policies related to the need for 4995
long-term ownership, or long-term control through a lease or the 4996
purchase of an easement, of real property that is the subject of 4997
an application for a grant under sections 164.20 to 164.27 of the 4998
Revised Code and establish requirements for documentation to be 4999
submitted by grant applicants that is necessary for the proper 5000
administration of this division. The policies shall provide for 5001
proper penalties, includingliquidated damages and grant 5002
repayment, for entities that fail to comply with the long-term 5003
ownership or control requirements established under this division.5004

       The director also shall adopt policies delineating what 5005
constitutes administrative costs for purposes of division (F) of 5006
section 164.27 of the Revised Code.5007

       (B) The Ohio public works commission shall administer 5008
sections 164.20 to 164.27 of the Revised Code and shall exercise 5009
any authority and use any procedures granted or established under 5010
sections 164.02 and 164.05 of the Revised Code that are necessary 5011
for that purpose.5012

       Sec. 164.261.  All of the following apply to any repayment of 5013
a grant awarded under sections 164.20 to 164.27 of the Revised 5014
Code:5015

       (A) The Ohio public works commission shall deposit the grant 5016
repayment into the clean Ohio conservation fund created in section 5017
164.27 of the Revised Code.5018

       (B) The commission shall return the grant repayment to the 5019
natural resource assistance council that approved the grant 5020
application.5021

       (C) The grant repayment shall be used for the same purpose as 5022
the grant was originally approved for, as provided in section 5023
164.22 of the Revised Code.5024

       Sec. 166.13. (A) Prior to entering into each agreement to 5025
provide innovation financial assistance under sections 166.12, 5026
166.15, and 166.16 of the Revised Code, the director of 5027
development services shall determine whether the assistance will 5028
conform to the requirements of sections 166.12 to 166.16 of the 5029
Revised Code. Such determination, and the facts upon which it is 5030
based, shall be set forth by the director in submissions made to 5031
the controlling board when the director seeks a release of moneys 5032
under section 166.12 of the Revised Code. An agreement to provide 5033
assistance under sections 166.12, 166.15, and 166.16 of the 5034
Revised Code shall set forth the determination, which shall be 5035
conclusive for purposes of the validity and enforceability of the 5036
agreement and any innovation loan guarantees, innovation loans, or 5037
other agreements entered into pursuant to the agreement to provide 5038
innovation financial assistance.5039

        (B) Whenever a person applies for innovation financial 5040
assistance under sections 166.12, 166.15, and 166.16 of the 5041
Revised Code and the eligible innovation project for which 5042
innovation financial assistance is requested is to relocate an 5043
eligible innovation project that is currently being operated by 5044
the person and that is located in another county, municipal 5045
corporation, or township, the directorperson shall provide 5046
written notification to the appropriate local governmental bodies 5047
and state officials. The notification shall contain the following 5048
information:5049

       (1) The name of the person applying for innovation financial 5050
assistance;5051

       (2) The county, and the municipal corporation or township, in 5052
which the eligible innovation project for which innovation 5053
financial assistance is requested is located; and5054

       (3) The county, and the municipal corporation or township, in 5055
which the eligible innovation project to be replaced is located5056
director may not enter into an agreement to provide innovation 5057
financial assistance until the director determines that the 5058
appropriate local government bodies and state officials have been 5059
notified.5060

        (C) As used in division (B) of this section:5061

        (1) "Appropriate local governmental bodies" means:5062

        (a) The boards of county commissioners or legislative 5063
authorities of the county in which the project for which 5064
innovation financial assistance is requested is located and of the 5065
county in which the eligible innovation project to be replaced is 5066
located;5067

        (b) The legislative authority of the municipal corporation or 5068
the board of township trustees of the township in which the 5069
eligible innovation project for which innovation financial 5070
assistance is requested is located; and5071

        (c) The legislative authority of the municipal corporation or 5072
the board of township trustees of the township in which the 5073
eligible innovation project to be replaced is located.5074

        (2) "State officials" means:5075

        (a) The state representative and state senator in whose 5076
districts the project for which innovation financial assistance is 5077
requested is located;5078

        (b) The state representative and state senator in whose 5079
districts the innovation project to be replaced is located.5080

       Sec. 166.18. (A) Prior to entering into each agreement to 5081
provide research and development financial assistance, the 5082
director of development services shall determine whether the 5083
assistance will conform to the requirements of sections 166.17 to 5084
166.21, 5733.352, and 5747.331 of the Revised Code. Such 5085
determination, and the facts upon which it is based, shall be set 5086
forth by the director in submissions made to the controlling board 5087
when the director seeks a release of moneys under section 166.17 5088
of the Revised Code. An agreement to provide research and 5089
development financial assistance under section 166.17 or 166.21 of 5090
the Revised Code shall set forth the determination, which shall be 5091
conclusive for purposes of the validity and enforceability of the 5092
agreement, and any loans or other agreements entered into pursuant 5093
to the agreement, to provide research and development financial 5094
assistance.5095

        (B) Whenever a person applies for research and development 5096
financial assistance, and the eligible research and development 5097
project for which that assistance is requested is to relocate an 5098
eligible research and development project that is currently being 5099
operated by the person and that is located in another county, 5100
municipal corporation, or township within the state, the director5101
person shall provide written notification to the appropriate local 5102
governmental bodies and state officials. The notification shall 5103
state all of the following:5104

       (1) The name of the person applying for research and 5105
development financial assistance;5106

       (2) The county, and the municipal corporation or township, in 5107
which the project for which research and development financial 5108
assistance is requested will be located;5109

       (3) The county, and the municipal corporation or township, in 5110
which the eligible research and development project is located at 5111
the time such financial assistance is requesteddirector may not 5112
enter into an agreement to provide research and development 5113
financial assistance until the director determines that the 5114
appropriate local government bodies and state officials have been 5115
notified.5116

        (C) As used in division (B) of this section:5117

        (1) "Appropriate local governmental bodies" means all of the 5118
following:5119

        (a) The board of county commissioners of or legislative 5120
authorities of special districts in the county in which the 5121
eligible research and development project for which research and 5122
development financial assistance is requested is located and of 5123
the county in which the project will be located;5124

       (b) The legislative authority of the municipal corporation or 5125
the board of township trustees of the township in which the 5126
eligible research and development project for which research and 5127
development financial assistance is requested is located and of 5128
the municipal corporation or township in which the project will be 5129
located.5130

        (2) "State officials" means both of the following:5131

        (a) The state representative and state senator in whose 5132
district the eligible research and development project for which 5133
research and development financial assistance is requested is 5134
located;5135

        (b) The state representative and state senator in whose 5136
district the eligible research and development project will be 5137
located.5138

       Sec. 166.21. (A) The director of development services, with 5139
the approval of the controlling board and subject to other 5140
applicable provisions of this chapter, may lend moneys in the 5141
research and development loan fund to persons for the purpose of 5142
paying allowable costs of eligible research and development 5143
projects, if the director determines that all of the following 5144
conditions are met:5145

        (1) The project is an eligible research and development 5146
project and is economically sound;5147

        (2) The amount to be lent from the research and development 5148
loan fund will not exceed seventy-five per cent of the total costs 5149
of the eligible research and development project;5150

        (3) The repayment of the loan from the research and 5151
development loan fund will be secured by a mortgage, assignment, 5152
pledge, lien provided for under section 9.661 of the Revised Code, 5153
or other interest in property or other assets of the borrower, at 5154
such level of priority and value as the director considers 5155
necessary, provided that, in making such a determination, the 5156
director shall take into account the value of any rights granted 5157
by the borrower to the director to control the use of any assets 5158
of the borrower under the circumstances described in the loan 5159
documents.5160

        (B) The determinations of the director under division (A) of 5161
this section shall be conclusive for purposes of the validity of a 5162
loan commitment evidenced by a loan agreement signed by the 5163
director.5164

        (C) Fees, charges, rates of interest, times of payment of 5165
interest and principal, and other terms and conditions of, and 5166
security for, loans made from the research and development loan 5167
fund shall be such as the director determines to be appropriate 5168
and in furtherance of the purpose for which the loans are made. 5169
The moneys used in making loans shall be disbursed from the fund 5170
upon order of the director. Unless otherwise specified in any 5171
indenture or other instrument securing obligations under division 5172
(D) of section 166.08 of the Revised Code, any payments of 5173
principal and interest from loans made from the fund shall be paid 5174
to the fund and used for the purpose of making loans under this 5175
section.5176

        (D)(1) As used in this division, "qualified research and 5177
development loan payments" means payments of principal and 5178
interest on a loan made from the research and development loan 5179
fund.5180

        (2) Each year, the director may, upon request, issue a 5181
certificate to a borrower of moneys from the research and 5182
development loan fund indicating the amount of the qualified 5183
research and development loan payments made by or on behalf of the 5184
borrower during the calendar year immediately preceding the tax 5185
year, as defined in section 5733.04 of the Revised Code, or 5186
taxable year, as defined in section 5747.01 of the Revised Code, 5187
for which the certificate is issued. In addition to indicating the 5188
amount of qualified research and development loan payments, the 5189
certificate shall include a determination of the director that as 5190
of the thirty-first day of December of the calendar year for which 5191
the certificate is issued, the borrower is not in default under 5192
the loan agreement, lease, or other instrument governing repayment 5193
of the loan, including compliance with the job creation and 5194
retention commitments that are part of the qualified research and 5195
development project. If the director determines that a borrower is 5196
in default under the loan agreement, lease, or other instrument 5197
governing repayment of the loan, the director may reduce the 5198
amount, percentage, or term of the credit allowed under section 5199
5733.352, 5747.331, or 5751.52 of the Revised Code with respect to 5200
the certificate issued to the borrower. The director shall not 5201
issue a certificate in an amount that exceeds one hundred fifty 5202
thousand dollars.5203

        (E) The director may take actions necessary or appropriate to 5204
collect or otherwise deal with any loan made under this section.5205

        (F) The director may fix service charges for the making of a 5206
loan. The charges shall be payable at such times and place and in 5207
such amounts and manner as may be prescribed by the director.5208

        (G)(1) There shall be credited to the research and 5209
development loan fund moneys received by this state from the 5210
repayment of loans, including interest thereon, made from the 5211
fund, and moneys received from the sale, lease, or other 5212
disposition of property acquired or constructed with moneys in the 5213
fund derived from the proceeds of the sale of obligations under 5214
section 166.08 of the Revised Code. Moneys in the fund shall be 5215
applied as provided in this chapter pursuant to appropriations 5216
made by the general assembly.5217

        (2) In addition to the requirements in division (G)(1) of 5218
this section, moneys referred to in that division may be deposited 5219
to the credit of separate accounts established by the director of 5220
development services within the research and development loan fund 5221
or in the bond service fund and pledged to the security of 5222
obligations, applied to the payment of bond service charges 5223
without need for appropriation, released from any such pledge and 5224
transferred to the research and development loan fund, all as and 5225
to the extent provided in the bond proceedings pursuant to written 5226
directions of the director of development. Accounts may be 5227
established by the director in the research and development loan 5228
fund for particular projects or otherwise. The director may 5229
withdraw from the fund or, subject to provisions of the applicable 5230
bond proceedings, from any special funds established pursuant to 5231
the bond proceedings, or from any accounts in such funds, any 5232
amounts of investment income required to be rebated and paid to 5233
the federal government in order to maintain the exemption from 5234
federal income taxation of interest on obligations issued under 5235
this chapter, which withdrawal and payment may be made without the 5236
necessity for appropriation.5237

       Sec. 173.27.  (A) As used in this section:5238

       (1) "Applicant" means a person who is under final 5239
consideration for employmenthiring by a responsible party in a 5240
full-time, part-time, or temporary position that involves 5241
providing ombudsman services to residents and recipients. 5242
"Applicant" includes a person who is under final consideration for 5243
employmentbeing hired as the state long-term care ombudsman or 5244
the head of a regional long-term care ombudsman program. 5245
"Applicant" does not include a person seeking to provide ombudsman 5246
services to residents and recipients as a volunteer without 5247
receiving or expecting to receive any form of remuneration other 5248
than reimbursement for actual expenses.5249

       (2) "Criminal records check" has the same meaning as in 5250
section 109.572 of the Revised Code.5251

&nb