JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES
OHIO
House
of
Representatives
JOURNAL
Wednesday, December 18, 2024
Hall of the House of Representatives, Columbus, Ohio
Wednesday, December 18, 2024, 9:00 o'clock a.m.
The House met pursuant to adjournment.
Prayer was offered by Pastor Brian Hanson of the Capitol Ministries in Columbus, Ohio, followed by the Pledge of Allegiance to the Flag.
The following guests of the House of Representatives were recognized prior to the commencement of business:
2024 Division II Baseball State Champions from West Branch High School, guests of Representative McNally – 59th district.
The journal of yesterday was read.
The yeas and nays were taken and resulted – yeas 85, nays 6, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dell'Aquila Demetriou Dobos Edwards
Fischer Forhan Fowler
Arthur Ghanbari
Grim Hall Hillyer Holmes
Hoops Humphrey Isaacsohn Jarrells
John Kick King Klopfenstein
Lampton LaRe Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Miller,
A. Miller, J.
Miller,
K. Miller,
M. Mohamed Oelslager
Patton Pavliga Peterson Piccolantonio
Pizzulli Plummer Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Wiggam Young,
T.
Stephens-85
Representatives Ferguson, Gross, Lear, Merrin, Williams, and Willis voted in the negative-6.
The journal was approved.
INTRODUCTION OF BILLS
The following bill was introduced:
H. B. No. 708 - Representatives Dean, Brennan.
Cosponsors: Representatives Gross, Lipps, Fischer, Willis, Somani, Liston, Blackshear, Isaacsohn, Whitted, Baker, Brown, Weinstein, Piccolantonio, Abdullahi, Brewer, Rogers.
To enact section 101.03 of the Revised Code to prohibit the General Assembly from holding sessions after the general election in an even-numbered year.
Said bill was considered the first time.
REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION
Representative Isaacsohn submitted the following report:
The standing committee on Civil Justice to which was referred Sub. S. B. No. 32-Senator Schaffer, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.
RE: GRANT IMMUNITY FOR SELF OR OTHER-DEFENSE IN CERTAIN CIRCUMSTANCES
Brett Hudson Hillyer Adam Mathews
Dani Isaacsohn Tim Barhorst
Darnell T. Brewer Richard D. Brown
Gary Click Dave Dobos
Ismail Mohamed Jean Schmidt
Bill Seitz Brian Stewart
D. J. Swearingen Jim Thomas
The following member voted "NO"
Michael J. Skindell
The report was agreed to.
The bill was ordered to be engrossed and placed on the calendar.
Representative Isaacsohn submitted the following report:
The standing committee on Civil Justice to which was referred H. B. No. 438-Representatives Williams, Jarrells, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.
RE: ENACT THE HOMEBUYER PROTECTION ACT
Brett Hudson Hillyer Adam Mathews
Dani Isaacsohn Tim Barhorst
Darnell T. Brewer Gary Click
Dave Dobos Ismail Mohamed
Jean Schmidt Bill Seitz
Michael J. Skindell Brian Stewart
D. J. Swearingen Jim Thomas
The report was agreed to.
The bill was ordered to be engrossed and placed on the calendar.
Representative Troy submitted the following report:
The standing committee on Ways and Means to which was referred S. B. No. 39-Senator Schaffer, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.
RE: EXEMPT CERTAIN BABY PRODUCTS FROM SALES AND USE TAX
Representative Roemer moved to amend the title as follows:
Add the name: "Lorenz"
Bill Roemer Jack K. Daniels
Steve Demetriou Thomas Hall
Angela N. King Beth Lear
Brian Lorenz Adam Mathews
Riordan T. McClain Reggie Stoltzfus
Scott Wiggam
The following members voted "NO"
Daniel P. Troy Sean P. Brennan
Richard Dell'Aquila Dani Isaacsohn
Elgin Rogers, Jr. Terrence Upchurch
The report was agreed to.
The bill was ordered to be engrossed and placed on the calendar.
Representative Humphrey submitted the following report:
The standing committee on Government Oversight to which was referred Am. S. B. No. 158-Senator Cirino, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.
RE: REGARDS DISBURSEMENT OF MUNICIPAL FUNDS BY RESIDENTS
Bob Peterson Jim Thomas
Latyna M. Humphrey Dave Dobos
Michele Grim James M. Hoops
Dani Isaacsohn Scott Oelslager
Beryl Piccolantonio Justin Pizzulli
Michael J. Skindell
The report was agreed to.
The bill was ordered to be engrossed and placed on the calendar.
MOTIONS AND RESOLUTIONS
Representative Russo reported for the Rules and Reference committee recommending that the following House Resolution be read and approved:
H. R. No. 657 - Speaker Stephens, Representatives Russo, Troy, Abdullahi, Abrams, Baker, Barhorst, Bird, Blackshear, Brennan, Brent, Brewer, Brown, Callender, Carruthers, Claggett, Click, Creech, Cross, Daniels, Dean, Dell'Aquila, Demetriou, Denson, Dobos, Edwards, Ferguson, Fischer, Forhan, Fowler Arthur, Ghanbari, Grim, Gross, Hall, Hillyer, Holmes, Hoops, Humphrey, Isaacsohn, Jarrells, John, Johnson, Jones, Kick, King, Klopfenstein, Lampton, LaRe, Lear, Lipps, Liston, Lorenz, Loychik, Manchester, Manning, Mathews, McClain, McNally, Merrin, Miller, A., Miller, J., Miller, K., Miller, M., Mohamed, Oelslager, Patton, Pavliga, Peterson, Piccolantonio, Pizzulli, Plummer, Powell, Ray, Richardson, Robb Blasdel, Robinson, Roemer, Rogers, Santucci, Schmidt, Seitz, Sims, Skindell, Somani, Stein, Stewart, Stoltzfus, Swearingen, Sweeney, Thomas, C., Thomas, J., Upchurch, Weinstein, White, Whitted, Wiggam, Williams, Willis, Young, T.
In memory of Jerry W. Krupinski.
/s/JASON STEPHENS
Jason Stephens, Chair
Representative Oelslager moved that the Rules and Reference committee report on resolutions be agreed to and that the resolution contained therein be brought up for immediate adoption, read in full, and spread upon the pages of the journal.
The motion was agreed to.
The question being on the adoption of the resolution, reading as follows:
H. R. No. 657-Speaker Stephens, Representatives Russo, Troy, Abdullahi, Abrams, Baker, Barhorst, Bird, Blackshear, Brennan, Brent, Brewer, Brown, Callender, Carruthers, Claggett, Click, Creech, Cross, Daniels, Dean, Dell'Aquila, Demetriou, Denson, Dobos, Edwards, Ferguson, Fischer, Forhan, Fowler Arthur, Ghanbari, Grim, Gross, Hall, Hillyer, Holmes, Hoops, Humphrey, Isaacsohn, Jarrells, John, Johnson, Jones, Kick, King, Klopfenstein, Lampton, LaRe, Lear, Lipps, Liston, Lorenz, Loychik, Manchester, Manning, Mathews, McClain, McNally, Merrin, Miller, A., Miller, J., Miller, K., Miller, M., Mohamed, Oelslager, Patton, Pavliga, Peterson, Piccolantonio, Pizzulli, Plummer, Powell, Ray, Richardson, Robb Blasdel, Robinson, Roemer, Rogers, Santucci, Schmidt, Seitz, Sims, Skindell, Somani, Stein, Stewart, Stoltzfus, Swearingen, Sweeney, Thomas, C., Thomas, J., Upchurch, Weinstein, White, Whitted, Wiggam, Williams, Willis, Young, T..
In memory of Jerry W. Krupinski.
WHEREAS, The members of the House of Representatives of the 135th General Assembly of Ohio are pleased to offer our deepest sympathy to the family and many friends of Jerry W. Krupinski on the sorrowful occasion of his death; and
WHEREAS, Jerry Krupinski will be remembered fondly by all those who knew him, and his absence will leave an irreparable void in our society. A former coal miner for the Y&O Coal Company who went on to spend time in the insurance industry, he excelled as a public official, serving as a commissioner for Jefferson County for six years and as a member of the Ohio House of Representatives for fourteen years, representing the 98th District, and his tremendous experience and devotion to duty gained him the appreciation of his colleagues and constituents alike; and
WHEREAS, Jerry Krupinski’s passion for community service was always evident in his own approach to life. He was active with the Knights of Columbus, the Jefferson County Democratic Executive Committee, and Holy Family Catholic Church. He was admired by his fellow citizens, friends, and family for his positive philosophy of life, and he inspired countless Ohioans to dedicate themselves to public service; and
WHEREAS, In numerous roles, Jerry Krupinski led an exemplary life, demonstrating an unwavering commitment to improving the quality of our society, and he extended warmth and understanding to others, including his wife, Eileen, who also served as a member of the Ohio House of Representatives, his children, Scott, Todd, and Erin, and his many grandchildren and great-grandchildren. Most assuredly, the State of Ohio has benefited exponentially from his work, and he will be remembered for his visionary example of citizenship; therefore be it
RESOLVED, That we, the members of the House of Representatives of the 135th General Assembly of Ohio, in adopting this Resolution, pay tribute to the memory of a truly honorable man, Jerry W. Krupinski; and be it further
RESOLVED, That the Clerk of the House of Representatives transmit a duly authenticated copy of this Resolution to family of Jerry W. Krupinski.
The resolution was adopted.
BILLS FOR THIRD CONSIDERATION
Sub. S. B. No. 211-Senator Roegner.
Cosponsors: Senators Johnson, Huffman, S., Antonio, Cirino, Craig, DeMora, Gavarone, Hackett, Hicks-Hudson, Kunze, Lang, Reineke, Romanchuk, Schaffer, Sykes, Wilkin, Wilson Representative Gross.
To amend section 5119.10 and to enact sections 4759.30, 4759.31, 5119.81, 5119.82, 5119.83, 5119.84, and 5119.85 of the Revised Code to enter into the Dietitian Licensure Compact and to establish a 9-8-8 suicide prevention and mental health crisis telephone line, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Pavliga moved to amend, amendment 3500, as follows:
Delete lines 1203 through 1210
The question being, “Shall the motion to amend be agreed to?”
The motion was agreed to and the bill so amended.
The question being, "Shall the bill as amended pass?"
The yeas and nays were taken and resulted – yeas 90, nays 3, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dell'Aquila Demetriou Dobos Edwards
Fischer Forhan Fowler
Arthur Ghanbari
Grim Gross Hall Hillyer
Holmes Hoops Humphrey Isaacsohn
Jarrells John Jones Kick
King Klopfenstein Lampton LaRe
Lear Lipps Liston Lorenz
Manchester Manning Mathews McClain
McNally Merrin Miller,
A. Miller, J.
Miller,
K. Miller,
M. Mohamed Oelslager
Patton Pavliga Peterson Piccolantonio
Pizzulli Plummer Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stoltzfus
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Wiggam Williams Willis
Young,
T. Stephens-90
Representatives Dean, Ferguson, and Stewart voted in the negative-3.
The bill passed.
Representative Swearingen moved to amend the title as follows:
Add the names: "Baker, Barhorst, Brennan, Brewer, Creech, Dell'Aquila, Dobos, Edwards, Forhan, Ghanbari, Grim, Hoops, Jones, Lampton, Liston, Mathews, Miller, A., Miller, J., Miller, M., Oelslager, Pavliga, Richardson, Robb Blasdel, Rogers, Schmidt, Somani, Swearingen, Upchurch, White, Williams, Willis."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Sub. S. B. No. 234-Senator Gavarone.
Cosponsors: Senators Johnson, Huffman, S., Antonio, Cirino, Craig, DeMora, Dolan, Hicks-Hudson, Ingram, Kunze, Manning, Reineke, Romanchuk, Schaffer, Smith, Sykes, Wilkin.
To amend sections 3314.03, 3326.11, 3328.24, 3345.37, and 3728.01 and to enact sections 5.2539, 5.56, 3313.473, 3345.371, and 3345.87 of the Revised Code to designate May as "Food Allergy Awareness Month" and as "Lupus Awareness Month"; to authorize certain peace officers to use epinephrine autoinjectors acquired by their law enforcement agencies; and to require schools and higher education institutions to advertise the national suicide and crisis lifeline telephone number to students, and to require higher education institutions to provide information about declarations for mental health treatment, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
The yeas and nays were taken and resulted – yeas 92, nays 2, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dell'Aquila Demetriou Dobos Edwards
Ferguson Fischer Forhan Fowler
Arthur
Ghanbari Grim Gross Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein Lampton
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Mohamed
Oelslager Patton Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Somani Stein
Stewart Stoltzfus Swearingen Sweeney
Thomas,
C. Thomas,
J. Troy Upchurch
Weinstein White Whitted Wiggam
Williams Willis Young,
T. Stephens-92
Representatives Dean and Powell voted in the negative-2.
The bill passed.
Representative Mathews moved to amend the title as follows:
Add the names: "Abrams, Barhorst, Brennan, Brewer, Carruthers, Click, Daniels, Dell'Aquila, Dobos, Grim, Jarrells, Jones, Liston, Manning, Mathews, Miller, A., Miller, J., Miller, M., Mohamed, Oelslager, Patton, Pavliga, Peterson, Piccolantonio, Plummer, Ray, Robb Blasdel, Roemer, Rogers, Russo, Schmidt, Sims, Skindell, Somani, Thomas, C., Weinstein, White, Whitted, Williams, Willis."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Sub. S. B. No. 54-Senators Reynolds, Sykes.
Cosponsors: Senators Hicks-Hudson, Brenner, Antonio, Craig, Smith, Romanchuk, Ingram, DeMora, Reineke, Blessing, Cirino, Dolan, Gavarone, Hackett, Johnson, Kunze, Landis, Lang, Roegner, Rulli, Schaffer, Wilson.
To amend section 122.12 and to enact sections 122.29, 122.291, 122.292, and 149.60 of the Revised Code and to amend Sections 200.30, 207.16, 207.24, 207.30, 209.10, 213.20, 221.10, 221.15, 223.10, 223.15, 237.10, 237.13, 357.05, 357.37, 371.10, 371.20, 373.10, 373.15, 379.10, 379.30, 387.10, and 387.13 of H.B. 2 of the 135th General Assembly and Sections 221.10, 297.10, and 373.20 of H.B. 33 of the 135th General Assembly to create the Ohio River Commission and the Ohio Ireland Trade Commission, to broaden the types of national or international competitions eligible for a sports site selection grant, to support state employee compensation, to reimburse county boards of elections for certain costs of the May 6, 2025, primary and special election, to support soil and water conservation districts, to support suicide prevention in schools, to modify certain appropriations for fiscal year 2025, to modify certain capital appropriations and reappropriations for the biennium ending June 30, 2026, and to make appropriations, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Edwards moved to amend, amendment 3492, as follows:
In the table on line 401, in row TM, column 1, reinsert "Fort Jennings Park Pedestrian Bridge and Park Improvements"; delete "Paulding County Historical Society Museum"; column 2, reinsert "$350,000"; delete "$250,000"
In the table on line 401, delete row TN
In the table on line 444, strike through row BB
In the table on line 444, after row CU insert:
"
Putnam County Historical Society Museum |
$250,000 |
"
In the table on line 444, after row FJ insert:
"
Paulding County Trails Project |
$100,000 |
"
In the table on line 664, in row IR, column 1, delete "Putnam" and insert "Paulding"
The question being, “Shall the motion to amend be agreed to?”
The motion was agreed to and the bill so amended.
The question being, "Shall the bill as amended pass?"
The yeas and nays were taken and resulted – yeas 77, nays 17, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Click
Creech Cross Dell'Aquila Dobos
Edwards Forhan Ghanbari Grim
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Klopfenstein Lampton LaRe
Lipps Liston Manchester Manning
Mathews McNally Miller,
A. Miller, J.
Miller,
K. Miller,
M. Mohamed Oelslager
Patton Pavliga Peterson Piccolantonio
Pizzulli Plummer Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stewart
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Williams Willis Young,
T.
Stephens-77
Those
who voted in the negative were:
Representatives
Claggett Daniels Dean Demetriou
Ferguson Fischer Fowler
Arthur Gross
Kick King Lear Lorenz
McClain Merrin Powell Stoltzfus
Wiggam-17
The bill passed.
Representative Edwards moved to amend the title as follows:
Add the names: "Brennan, Brent, Brewer, Carruthers, Dobos, Forhan, Grim, Humphrey, Isaacsohn, Jarrells, Jones, Klopfenstein, Liston, Miller, A., Miller, J., Mohamed, Plummer, Robb Blasdel, Rogers, Russo, Schmidt, Seitz, Somani, Troy, Weinstein, White, Whitted, Williams, Young, T."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Sub. S. B. No. 75-Senator Blessing.
Cosponsors: Senators Brenner, Cirino, Craig, DeMora, Ingram, Landis, Smith, Sykes Representative Lorenz.
To amend sections 715.72 and 5301.072 and to enact sections 1357.01, 1357.02, 1357.04, 1357.05, 1357.06, 1357.07, 1357.08, 1357.09, 1357.10, 1357.11, 1357.12, 1357.13, and 3902.63 of the Revised Code to allow two or more municipalities to create a joint economic development district without involving a township, to create a regulatory relief division within the common sense initiative office and establish a universal regulatory sandbox program, to restrict cost-sharing requirements with regard to occupational and physical therapists and chiropractors, and to prohibit homeowners associations from restricting the display of political yard signs, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Upchurch moved to amend, amendment 3493, as follows:
In line 14 of the title, after "of" insert "certain"
In line 1401, delete ""political"" and insert ""political yard sign""; delete "that"
In line 1402, after "sign" insert "that"; after "endorses" insert "or opposes"
In line 1403, delete "and does not violate" and insert ". The term does not include a yard sign that endorses a belief in national socialism or racial superiority, or that violates"
The question being, “Shall the motion to amend be agreed to?”
Representative Seitz moved that the motion be laid on the table.
The question being, "Shall the motion to amend be laid on the table?"
The yeas and nays were taken and resulted – yeas 59, nays 36, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Callender
Carruthers Claggett Click Creech
Cross Daniels Dean Demetriou
Dobos Edwards Ferguson Fischer
Fowler
Arthur Ghanbari Gross Hall
Hillyer Holmes Hoops John
Jones Kick King Klopfenstein
Lampton LaRe Lear Lipps
Lorenz Manchester Manning Mathews
McClain Merrin Miller,
K. Miller,
M.
Oelslager Patton Pavliga Peterson
Pizzulli Plummer Powell Ray
Richardson Robb
Blasdel Roemer Schmidt
Seitz Stein Stewart Stoltzfus
Swearingen Thomas,
J. Stephens-59
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brennan
Brent Brewer Brown Dell'Aquila
Forhan Grim Humphrey Isaacsohn
Jarrells Liston McNally Miller,
A.
Miller,
J. Mohamed Piccolantonio Robinson
Rogers Russo Sims Skindell
Somani Sweeney Thomas,
C. Troy
Upchurch Weinstein White Whitted
Wiggam Williams Willis Young,
T.-36
The motion to amend was laid on the table.
The question being, "Shall the bill pass?"
Representative Claggett moved to amend, amendment 3483, as follows:
In line 4 of the title, delete "and"; after "3902.63" insert ", 6120.01, 6120.02, 6120.03, 6120.031, 6120.032, 6120.04, 6120.05, 6120.06, 6120.07, 6120.08, 6120.09, 6120.10, 6120.11, 6120.12, 6120.13, 6120.14, 6120.15, 6120.16, 6120.17, 6120.18, and 6120.19"
In line 7 of the title, after "township" insert ", to allow for the creation of water improvement districts"
In line 19, delete "and"; after "3902.63" insert ", 6120.01, 6120.02, 6120.03, 6120.031, 6120.032, 6120.04, 6120.05, 6120.06, 6120.07, 6120.08, 6120.09, 6120.10, 6120.11, 6120.12, 6120.13, 6120.14, 6120.15, 6120.16, 6120.17, 6120.18, and 6120.19"
After line 1404, insert:
"Sec. 6120.01. As used in this chapter:
(A) "Action" means any decision made or agreement entered into regarding a waste water facility or water management facility located in a county in which a water improvement district appeals board has been created under section 6120.16 of the Revised Code.
(B) "Administrative agent," "agent," "commercial paper," "floating rate interest structure," "indexing agent," "interest rate hedge," "interest rate period," "put arrangement," and "remarketing agent" have the same meanings as in section 9.98 of the Revised Code.
(C) "Appellant" means a person or governmental agency who opposes an action and files an appeal with the water district improvement appeals board in accordance with this chapter.
(D) "Appellee" means the person or governmental agency that took the action that is the subject of an appeal.
(E) "Bond proceedings" means the resolutions, trust agreements, certifications, notices, sale proceedings, leases, lease-purchase agreements, assignments, credit enhancement facility agreements, and other agreements, instruments, and documents, as amended and supplemented, or any one or more of combination thereof, authorizing, or authorizing or providing for the terms and conditions applicable to, or providing for the security or sale or award or liquidity of, bonds, and includes the provisions set forth or incorporated in those bonds and bond proceedings.
(F) "Bond service charges" means principal, including any mandatory sinking fund or mandatory redemption requirements for retirement of bonds, and interest and any redemption premium payable on bonds, as those payments come due and are payable to the bondholder or to a person making payment under a credit enhancement facility of those bond service charges to a bondholder.
(G) "Bond service fund" means the applicable fund created by the bond proceedings for and pledged to the payment of bond service charges on bonds provided for by those proceedings, including all money and investments, and earnings from investments, credited and to be credited to that fund as provided in the bond proceedings.
(H) "Bonds" means bonds, notes, including notes anticipating bonds or other notes, commercial paper, certificates of participation, or other evidences of obligation, including any interest coupons pertaining thereto, issued pursuant to this chapter.
(I) "Cost," as applied to a water project, means the cost of acquisition and construction of a project, including all of the following:
(1) The cost of the acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required;
(2) The cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved;
(3) The cost of acquiring or constructing and equipping a principal office and sub-offices of the district;
(4) The cost of diverting highways, interchange of highways, and access roads to private property, including the cost of land or easements therefor;
(5) The cost of all machinery, furnishings, and equipment, including any financing charges or interest incurred prior to and during construction and incurred not more than eighteen months after completion of project acquisition or construction;
(6) Costs of engineering, expenses of research and development with respect to waste water or water management facilities, legal expenses, plans, specifications, surveys, estimates of cost and revenues, working capital, other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing a project, administrative expense, and such other expenses as may be necessary or incident to the acquisition or construction of a project;
(7) The financing of the acquisition or construction of a project, including the amount authorized in the resolution of the board of trustees of the district providing for the issuance of water resource revenue bonds to be paid into any special funds from the proceeds of those bonds and the financing of the placing of any such project in operation.
"Cost" includes any obligation or expense incurred by any governmental agency or person for surveys, borings, preparation of plans and specifications, and other engineering services, or any other cost described above, in connection with the construction or acquisition of a project.
(J) "Credit enhancement facilities" means letters of credit, lines of credit, standby, contingent, or firm securities purchase agreements, insurance, or surety arrangements, guarantees, and other arrangements that provide for direct or contingent payment of bond service charges, for security or additional security in the event of nonpayment or default in respect of bonds, or for making payment of bond service charges and at the option and on demand of bondholders or at the option of the district or upon certain conditions occurring under put or similar arrangements, or for otherwise supporting the credit or liquidity of the bonds, and includes credit, reimbursement, marketing, remarketing, indexing, carrying, interest rate hedge, and subrogation agreements, and other agreements and arrangements for payment and reimbursement of the person providing the credit enhancement facility and the security for that payment and reimbursement.
(K) "Financing expenses" means all costs and expenses relating to the authorization, issuance, sale, delivery, authentication, deposit, custody, clearing, registration, transfer, exchange, fractionalization, replacement, payment, and servicing of bonds, including costs and expenses for or relating to publication and printing, postage, delivery, preliminary and final official statements, offering circulars, and informational statements, travel and transportation, underwriters, placement agents, investment bankers, paying agents, registrars, authenticating agents, remarketing agents, custodians, clearing agencies or corporations, securities depositories, financial advisory services, certifications, audits, federal or state regulatory agencies, accounting and computation services, legal services and obtaining approving legal opinions and other legal opinions, credit ratings, redemption premiums, and credit enhancement facilities.
(L) "Governmental agency" means a department, division, or other unit of state government; a county, township, or municipal corporation; a watershed district, soil and water conservation district, park district, special water district, including a county and regional water and sewer district, conservancy district, sanitary district, sewer district or any other public corporation or agency having the authority to acquire, construct, or operate waste water or water management facilities, or other political subdivision; a port authority created pursuant to Chapter 4582. of the Revised Code; and the United States or any agency thereof.
(M) "Net revenues" means revenues lawfully available to pay both current operating expenses of a district and bond service charges in any fiscal year or other specified period, less current operating expenses of the district and any amount necessary to maintain a working capital reserve for that period.
(N) "Outstanding" as applied to bonds means outstanding in accordance with the terms of the bonds and the applicable bond proceedings.
(O) "Owner" includes any person having any title or interest in any property authorized to be acquired by a district under this chapter.
(P) "Pledged revenues" means net revenues, money and investments, and earnings on those investments, in the applicable bond service fund and any other special funds, and the proceeds of any bonds issued for the purpose of refunding prior bonds, all as lawfully available and by resolution of the board of trustees of the district committed for application as pledged revenues to the payment of bond service charges on particular issues of bonds.
(Q) "Project" or "water project" means any waste water facility or water management facility constructed, reconstructed, or repaired under this chapter, including all buildings and facilities that the board of trustees of the district considers necessary for the operation of the project, together with all property and rights that must be acquired by the board to construct, reconstruct, or repair the project.
(R) "Property" includes interests in property.
(S) "Refund" means to fund and retire outstanding bonds, including advance refunding with or without payment or redemption prior to stated maturity.
(T) "Revenues" means all money received by a district for the use or services of any project, all special assessments levied by the board of trustees of the district pursuant to this chapter, any gift or grant received with respect to a project, proceeds of bonds to the extent the use thereof for payment of principal or of premium, if any, or interest on the bonds is authorized by the board of trustees of the district, proceeds from any insurance, condemnation, or guaranty pertaining to a project or property mortgaged to secure bonds or pertaining to the financing of a project, and income and profit from the investment of the proceeds of bonds or of any revenues.
(U) "Special funds" means the applicable bond service fund and any accounts and subaccounts in that fund, any other funds or accounts permitted by and established under, and identified as a special fund or special account in, the bond proceedings, including any special fund or account established for purposes of rebate or other requirements under federal income tax laws.
(V) "Waste water facilities," "water management facilities," "waters of the state," "sewage," "waste water," and "construction" have the same meanings as in section 6119.011 of the Revised Code.
(W) "Water improvement district" or "district" means a water improvement district designated pursuant to section 6120.02 of the Revised Code.
Sec. 6120.02. (A) A water improvement district may be created by the board of county commissioners of a county by resolution for the purpose of facilitating, coordinating, funding, financing, constructing, reconstructing, or repairing water projects or engaging in any combination of those activities. In furtherance of such purposes, the board of trustees of the district shall enter into an intergovernmental agreement with one or more governmental agencies that specifies that such governmental agency or agencies shall operate and maintain the project under such terms as specified in the agreement. All parties shall agree to such terms before the water improvement district's board of trustees approve a project.
(B) A water improvement district is a body both corporate and politic, and the exercise by it of the powers conferred by this chapter in facilitating, coordinating, funding, financing, constructing, reconstructing, or repairing a water project are essential governmental functions.
(C)(1) Subject to division (C)(2) of this section, a water improvement district shall be governed by a board of trustees consisting of five voting members and one nonvoting member as follows:
(a) The county sanitary engineer or the county sanitary engineer's designee if a county sanitary engineer has been appointed for the county or, if a county sanitary engineer has not been appointed for the county, the county engineer or the county engineer's designee;
(b) Four members, appointed by the board of county commissioners, who have experience in waste water facilities, waste water, sewage, or water management facilities;
(c) One member appointed by the regional planning commission for the county, who shall be a nonvoting member of the board.
(2) The board of county commissioners may appoint not more than six additional nonvoting members to the board of trustees. The additional members shall be representative of the governmental entities that are located within the territory of the water improvement district.
(3) Each member of the board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.
(D) Each appointed member of the board shall hold office for a term of two years, subject to removal by the appointing authority only for malfeasance. Members may be reappointed. Except as otherwise provided in this division, any vacancy on the board shall be filled in the same manner as the original appointment.
(E) The voting members of the board shall elect from the entire board membership a chairperson, vice-chairperson, and secretary-treasurer. A majority of the voting members of the board constitutes a quorum, the affirmative vote of which is necessary for any action of the district. No vacancy in the membership of the board impairs the right of a quorum to exercise all the rights and perform all duties of the district.
(F)(1) The board of county commissioners of any county, the legislative authority of any municipal corporation, and the board of township trustees of any township may make appropriations from money available to them and not otherwise appropriated to pay costs incurred by the district in the exercise of its functions under this chapter, provided that money is available to use for that purpose.
(2) The water improvement district board of trustees may establish fees related to its services in order to pay costs incurred by the district in the exercise of its functions under this chapter.
(G) An organizational meeting of the board of trustees of a water improvement district created under this section shall be held at the time and place designated by the board member who was appointed by the regional planning commission for the county.
Sec. 6120.03. (A) A water improvement district may do any of the following:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal;
(3) Sue and be sued in its own name, plead and be impleaded, provided any actions against the district shall be brought in the court of common pleas of the county in which the principal office of the district is located, or in the court of common pleas of the county in which the cause of action arose, and all summonses, exceptions, and notices of every kind shall be served on the district by leaving a copy thereof at its principal office with the secretary-treasurer;
(4) Facilitate, coordinate, fund, finance, construct, reconstruct, or repair projects or engage in a combination of any of those activities;
(5) Issue either or both of the following for the purpose of providing funds to pay the costs of any project or part thereof:
(a) Water improvement district revenue bonds;
(b) Bonds pursuant to Section 13 of Article VIII, Ohio Constitution.
(6) Maintain such funds as it considers necessary;
(7) Direct its agents or employees, when properly identified in writing and after at least five days' written notice, to enter upon lands within its jurisdiction to make surveys and examinations preliminary to the construction, reconstruction, or repair of projects for the district, without liability of the district or its agents or employees except for actual damage done;
(8) Make and enter into all contracts and agreements, including an intergovernmental agreement as specified in division (A) of section 6120.02 of the Revised Code, necessary or incidental to the performance of its functions and the execution of its powers under this chapter;
(9) Employ or retain or contract for the services of consulting engineers, superintendents, managers, and such other engineers, construction and accounting experts, auditors, financial advisers, trustees, marketing, remarketing, and administrative agents, attorneys, and other employees, independent contractors, or agents as are necessary in its judgment and fix their compensation, provided all such expenses shall be payable solely from the proceeds of bonds or from revenues;
(10) Receive and accept from any governmental agency, loans and grants for or in aid of the construction, reconstruction, or repair of any project, and receive and accept aid or contributions from any source or person of money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such loans, grants, and contributions are made. Nothing in division (A)(10) of this section shall be construed as imposing any liability on this state for any loan received by a water improvement district from a third party unless this state has entered into an agreement to accept such liability.
(11) Acquire, hold, and dispose of property in the exercise of its powers and the performance of its duties under this chapter;
(12) Subject to section 6120.15 of the Revised Code, enter into an agreement with a contiguous board of county commissioners other than the board of county commissioners that created the water improvement district, for the district to exercise all or any portion of its powers with respect to a project that is located wholly or partially within the county that is party to the agreement;
(13) Cooperate with any governmental agencies in the planning, design, acquisition, construction, maintenance, funding, and financing of projects;
(14) Enter into an agreement with the board of county commissioners that created the water improvement district and with the boards of county commissioners of any contiguous group of counties to exercise all powers of the district with respect to a project that is both of the following:
(a) Located partially or wholly within any county that is a party to the agreement;
(b) Partially funded with federal money.
(15) Do all acts necessary and proper to carry out the powers expressly granted in this chapter.
(B) Chapters 123., 124., 125., and 153., sections 9.331 to 9.335 and 307.86, and sections 4115.03 to 4115.21 and 4115.99 of the Revised Code do not apply to contracts or projects of a water improvement district.
Sec. 6120.031. (A) As used in this section, "public improvement" means the construction, reconstruction, or repair of any waste water or water management facility.
(B) The board of trustees of a water improvement district may provide for a public improvement and levy special assessments, if the board determines that the public improvement will benefit the area where it will be constructed, reconstructed, or repaired. However, if the improvement is proposed for territory in a political subdivision located outside the district's territory, the legislative authority of that political subdivision shall approve the undertaking of the improvement within the political subdivision.
(C) If any improvements are made under this section, contracts for the improvement may provide that the improvement may be owned by the district or by the person or corporation supplying it to the district under a lease.
(D) If the board of trustees of a district proposes an improvement described in division (B) of this section, the board shall conduct a hearing on the proposed improvement. The board shall indicate by metes and bounds the area in which the public improvement will be made and the area that will benefit from the improvement.
(E) The board of trustees shall fix a day for a hearing on the proposed improvement. The secretary-treasurer of the board shall deliver, to each owner of a parcel of land or a lot that the board identifies as benefiting from the proposed improvement, a notice that sets forth the substance of the proposed improvement and the time and place of the hearing on it. At least fifteen days before the date set for the hearing, a copy of the notice shall be served upon the owner or left at the owner's usual place of residence, or, if the owner is a corporation, upon an officer or agent of the corporation. On or before the day of the hearing, the person serving notice of the hearing shall make return thereon, under oath, of the time and manner of service, and shall file the notice with the secretary-treasurer of the board.
At least fifteen days before the day set for the hearing on the proposed improvement, the secretary-treasurer shall give notice to each nonresident owner of a lot or parcel of land in the area to be benefited by the improvement, by publication once in a newspaper of general circulation in the one or more counties in which this area is located. The publication of the notice shall be verified by affidavit of the printer or other person having knowledge of the publication and shall be filed with the secretary-treasurer of the district on or before the date of the hearing.
(F) At the time and place specified in the notice for a hearing on the proposed improvement, the board of trustees of the district shall meet and hear any and all testimony provided by any of the parties affected by the proposed improvement and by any other persons competent to testify. The board or its representatives shall inspect, by an actual viewing, the area to be benefited by the proposed improvement. The board shall determine the necessity of the proposed improvement and may find that the proposed improvement will result in general as well as special benefits. The board may adjourn from time to time and to such places as it considers necessary.
(G)(1) The board may award contracts or enter into a lease agreement for the construction, reconstruction, or repair of any improvement described in division (B) of this section and may issue notes, bonds, revenue anticipatory instruments, or other obligations, as authorized by this chapter, to finance the improvements.
(2) All or a part of the costs and expenses of providing for the construction, reconstruction, or repair of any improvement described in division (G)(1) of this section may be paid from a fund into which may be paid special assessments levied under this section against the lots and parcels of land in the area to be benefited by the improvement, if the board finds that the improvement will result in general or special benefits to the benefited area. These special assessments shall be levied not more than one time on the same lot or parcel of land. Such costs and expenses may also be paid from the treasury of the district or from other available sources in amounts the board finds appropriate.
(3) The board shall levy special assessments at an amount not to exceed ten per cent of the assessable value of the lot or parcel of land being assessed. The board shall determine the assessable value of a lot or parcel of land in the following manner: the board shall first determine the fair market value of the lot or parcel being assessed in the calendar year in which the area to be benefited by the public improvement is first designated and then multiply this amount by the average rate of appreciation in value of the lot or parcel since that calendar year. The assessable value of the lot or parcel is the current fair market value of the lot or parcel minus the amount calculated in the manner described in the immediately preceding sentence. The board may adjust the assessable value of a lot or parcel of land to reflect a sale of the lot or parcel that indicates an appreciation in its value that exceeds its average rate of appreciation in value.
(4) Special assessments levied by the board may be paid in full in a lump sum or may be paid and collected in equal semiannual installments, equal in number to twice the number of years for which the lease of the improvement is made or twice the number of years that the note, bond, instrument, or obligation that the assessments are pledged to pay requires. The assessments shall be paid and collected in the same manner and at the same time as real property taxes are paid and collected, and assessments in the amount of fifty dollars or less shall be paid in full, and not in installments, at the time the first or next installment would otherwise become due and payable. Complaints regarding assessments may be made to the county board of revision in the same manner as complaints relating to the valuation and assessment of real property.
Credits against assessments shall be granted equal to the value of any construction, reconstruction, or repair that an owner of a parcel of land or lot makes to an improvement pursuant to an agreement between the owner and the district.
(5) After the levy of a special assessment, the board, at any time during any year in which an installment of the assessment becomes due, may pay out of other available funds of the district, including any state or federal funds available to the district, the full amount of the price of the contract that the special assessments are pledged to pay for that year or any other portion of the remaining obligation. The board shall be the sole determiner of the definition, extent, and allocation of the benefit resulting from an improvement that the board authorizes under this section.
(H)(1) The board shall certify to the appropriate county auditor the boundaries of the area that is benefited by any public improvement the board authorizes under this section and, when the board so requests, the auditor shall apportion the valuation of any lot or parcel of land lying partly within and partly outside the area so benefited.
(2) The board by resolution shall assess against the lots and parcels of land located in the area that is benefited by a public improvement such portion of the costs of completing the public improvement as the board determines, for the period that may be necessary to pay the note, bond, instrument, or obligation issued to pay for the improvement and the proceedings in relation to it, and shall certify these costs to the appropriate county auditor.
(3) Except for assessments that have been paid in full in a lump sum, the county auditor shall annually place upon the tax duplicate, for collection in semiannual installments, the two installments of the assessment for that year, which shall be paid and collected at the same time and in the same manner as real property taxes. The collected assessments shall be paid to the treasury of the district and the board of the district shall use the assessments for any purpose authorized by this chapter.
Sec. 6120.032. Any water project shall be determined by the board of trustees of the water improvement district to be consistent with any applicable comprehensive plan of water management approved by the director of natural resources or in the process of preparation by the director and to be not inconsistent with the standards set for the waters of the state affected thereby by the environmental protection agency. Any resolution of the board of trustees of the district providing for constructing, reconstructing, or repairing such projects shall include a finding by the board of trustees of the district that those determinations have been made.
Sec. 6120.04. (A) A water improvement district may acquire by purchase, lease, lease-purchase, lease with option to purchase, appropriation, or otherwise and in such manner and for such consideration as it considers proper, any public or private property necessary, convenient, or proper for the construction, reconstruction, or repair of a project. The district may pledge net revenues, to the extent permitted by this chapter with respect to bonds, to secure payments to be paid by the district under such a lease, lease-purchase agreement, or lease with option to purchase. Title to real and personal property shall be held in the name of the district. In any proceedings for appropriation under this section, the procedure to be followed shall be in accordance with that provided in sections 163.01 to 163.22 of the Revised Code. Except as otherwise agreed to by the owner, full compensation shall be paid for public property so taken.
(B) This section does not authorize a district to take or disturb property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of the public utility or common carrier, unless provision is made for the restoration, relocation, replication, or duplication of the property or facilities elsewhere at the sole cost of the district.
(C) Except as otherwise provided in this chapter, disposition of real property shall be by sale, lease-purchase agreement, lease with option to purchase, or otherwise in such manner and for such consideration as determined by the district if to a governmental agency. Disposition of personal property shall be in such manner and for such consideration as determined by the district.
Sec. 6120.05. The board of trustees of a water improvement district may acquire real property in fee simple in the name of the district in connection with, but in excess of that needed for, a project by any method other than appropriation and hold the property for such period of time determined by the board. All right, title, and interest of the district in the property may be sold at public auction or otherwise, as the board considers in the best interests of the district; but in no event shall the property be sold for less than two-thirds of its appraised value. Sale at public auction shall be undertaken only after the board advertises the sale in a newspaper of general circulation in the district for two weeks or as provided in section 7.16 of the Revised Code, prior to the date set for the sale.
Sec. 6120.06. (A) The board of trustees of a water improvement district may provide by resolution for the issuance, at one time or from time to time, of bonds of the district for the purpose of paying all or any part of the cost of any one or more projects. The bond service charges shall be payable solely from pledged revenues pledged for such payment pursuant to the applicable bond proceedings. The bonds of each issue shall be dated, shall bear interest at a rate or rates or at variable rates, and shall mature or be payable at such time or times, with a final maturity not to exceed thirty years from their date or dates, all as determined by the board in the bond proceedings. The board shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of bond service charges.
(B) The bonds shall be signed by the chairperson or vice-chairperson of the board or by the facsimile signature of that officer, the official seal of the district or a facsimile thereof may be affixed thereto or printed thereon and attested by the secretary-treasurer of the district, which may be by facsimile signature, and any coupons attached thereto shall bear the facsimile signature of the chairperson or vice-chairperson of the board. In case any officer whose signature, or a facsimile of whose signature, appears on any bonds or coupons ceases to be such officer before delivery of the bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.
(C) Subject to the bond proceedings and provisions for registration, the bonds shall have all the qualities and incidents of negotiable instruments under Title XIII of the Revised Code. The bonds may be issued in such form or forms as the board determines, including without limitation coupon, book entry, and fully registered form, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the exchange of bonds between forms. The board may sell such bonds by competitive bid on the best bid after advertisement or request for bids or by private sale in the manner, and for the price, it determines to be for the best interest of the district.
(D) The proceeds of the bonds of each issue shall be used solely for the payment of the costs of the project or projects for which the bonds were issued, and shall be disbursed in such manner and under such restrictions as the board provides in the bond proceedings.
(E) Prior to the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds or bond anticipation notes, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may provide for the replacement of any mutilated, stolen, destroyed, or lost bonds.
(F) Sections 9.98 to 9.983 of the Revised Code apply to the bonds.
(G) The bond proceedings shall provide, subject to the provisions of any other applicable bond proceedings, for the pledge to the payment of bond service charges and of any costs of or relating to credit enhancement facilities of all, or such part as the board may determine, of the pledged revenues and the applicable special fund or funds, which pledges may be made to secure the bonds on a parity with bonds theretofore or thereafter issued if and to the extent provided in the bond proceedings. Every pledge, and every covenant and agreement with respect thereto, made in the bond proceedings may in the bond proceedings be extended to the benefit of the owners and holders of bonds and to any trustee and any person providing a credit enhancement facility for those bonds, for the further security for the payment of the bond service charges and credit enhancement facility costs.
(H) The bond proceedings may contain additional provisions as to:
(1) The redemption of bonds prior to maturity at the option of the board or of the bondholders or upon the occurrence of certain stated conditions, and at such price or prices and under such terms and conditions as are provided in the bond proceedings;
(2) Other terms of the bonds;
(3) Limitations on the issuance of additional bonds;
(4) The terms of any trust agreement securing the bonds or under which the same may be issued;
(5) Any or every provision of the bond proceedings being binding upon the board and state agencies, or other person as may from time to time have the authority under law to take such actions as may be necessary to perform all or any part of the duty required by such provision;
(6) Any provision that may be made in a trust agreement;
(7) Any other or additional agreements with the holders of the bonds, or the trustee therefor, relating to the bonds or the security for the bonds, including agreements for credit enhancement facilities.
(I) Any holder of bonds or a trustee under the bond proceedings, except to the extent that the holder's or trustee's rights are restricted by the bond proceedings, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond proceedings. Those rights include the right to compel the performance of all duties of the board required by this chapter or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any bond service charges on any bonds or in the performance of any covenant or agreement on the part of the board contained in the bond proceedings, to apply to a court having jurisdiction of the cause to appoint a receiver to receive and administer the revenues and the pledged revenues which are pledged to the payment of the bond service charges on such bonds or that are the subject of the covenant or agreement, with full power to pay, and to provide for payment of, bond service charges on such bonds, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional revenue or receipts or other income, funds, or money of the board to the payment of such bond service charges and excluding the power to take possession of, mortgage, or cause the sale or otherwise dispose of any project or other property of the board.
(J) Each duty of the board and the board's officers and employees, undertaken pursuant to the bond proceedings, is hereby established as a duty of the board, and of each such officer, member, or employee having authority to perform the duty, specifically enjoined by law resulting from an office, trust, or station within the meaning of section 2731.01 of the Revised Code.
(K) The board's officers or employees are not liable in their personal capacities on any bonds issued by the board or any agreements of or with the board relating to those bonds.
(L) The bonds are lawful investments for banks, savings and loan associations, credit union share guaranty corporations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other funds of the state or its political subdivisions and taxing districts, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the Ohio police and fire pension fund, notwithstanding any other provisions of the Revised Code or rules adopted pursuant thereto by any state agency with respect to investments by them, and also are acceptable as security for the repayment of the deposit of public money.
(M) Provision may be made in the applicable bond proceedings for the establishment of separate accounts in the bond service fund and for the application of such accounts only to the specified bond service charges pertinent to such accounts and bond service fund, and for other accounts therein within the general purposes of such fund.
(N) The board may pledge all, or such portion as it determines, of the pledged revenues to the payment of bond service charges, and for the establishment and maintenance of any reserves and special funds, as provided in the bond proceedings, and make other provisions therein with respect to pledged revenues, revenues, and net revenues as authorized by this chapter, which provisions shall be controlling notwithstanding any other provisions of law pertaining thereto.
Sec. 6120.07. The board of trustees of a water improvement district may provide by resolution for the issuance of bonds of the district, payable solely from pledged revenues, for the purpose of refunding any bonds then outstanding, including the payment of related financing expenses and, if considered advisable by the board, for the additional purpose of paying costs of improvements, extensions, renovations, or enlargements of any project. The issuance of refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the board in respect to such bonds shall be governed by the provisions of this chapter insofar as they are applicable and by the applicable bond proceedings.
Sec. 6120.08. This chapter provides an additional and alternative method for financing, constructing, reconstructing, or repairing projects and taking the actions authorized by this chapter. This chapter shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds under this chapter need not comply with any other law applicable to the issuance of bonds.
Sec. 6120.09. (A) The bonds do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision of the state. Bond service charges on outstanding bonds are payable solely from the pledged revenues pledged for their payment as authorized by this chapter and as provided in the bond proceedings. All bonds shall contain on their face a statement to that effect.
(B) All expenses incurred in carrying out this chapter shall be payable solely from revenues provided under this chapter. This chapter does not authorize the board of trustees of a district to incur indebtedness or liability on behalf of or payable by the state or any political subdivision of the state.
Sec. 6120.10. (A) In the discretion of the board of trustees of a water improvement district any bonds may be secured by a trust agreement between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state but authorized to exercise trust powers within this state.
(B) Any trust agreement may pledge or assign the revenues to be received, but shall not convey or mortgage any project or any part thereof. Any such trust agreement or other bond proceedings may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the board in relation to the acquisition of property, and the construction, reconstruction, and repair of the project or projects in connection with which such bonds are authorized and the custody, safeguarding, and application of all money, and provisions for the employment or retention of the services of consulting engineers in connection with the construction, reconstruction, or repair of the project or projects. Any bank or trust company incorporated under the laws of this state which may act as depository of the proceeds of bonds or of revenues may furnish such indemnifying bonds or may pledge such securities as are required by the board. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, may restrict the individual right of action by bondholders as is customary in revenue bond trust agreements of public bodies, and may contain such other provisions as the board considers reasonable and proper for the security of the bondholders. All expenses incurred in entering into or carrying out the provisions of any such trust agreement may be treated as a part of the cost of the project or projects. Chapter 135. of the Revised Code does not apply to investments made pursuant to any such trust agreement.
Sec. 6120.11. Revenues derived from each project of a water improvement district in connection with which any bonds are outstanding shall be first applied to pay the cost of the construction, reconstruction, and repair of the project and to provide such reserves therefor as are provided for in the bond proceedings authorizing the issuance of those outstanding bonds, and otherwise as provided by the board of trustees of the district, and the balance of the pledged revenues shall be set aside, at such regular intervals as are provided in the bond proceedings in a bond service fund which is hereby pledged to and charged with the payment of the bond service charges on any such outstanding bonds as provided in the applicable bond proceedings. Such pledge shall be valid and binding from the time the pledge is made; the revenues and the pledged revenues thereafter received by the board shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the board, whether or not such parties have notice thereof. The bond proceedings by which a pledge is created need not be filed or recorded except in the records of the board. The use and disposition of money to the credit of a bond service fund shall be subject to the applicable bond proceedings. Except as is otherwise provided in such bond proceedings, such a bond service fund shall be a fund for all such bonds, without distinction or priority of one over another.
Sec. 6120.12. All money received by the board of trustees of a water improvement district under this chapter, whether as proceeds from the sale of bonds, as revenues, or otherwise, are to be held and applied solely as provided in this chapter and in any applicable bond proceedings. Such money shall be kept in depositories as selected by the board in the manner provided in sections 135.01 to 135.21 of the Revised Code, insofar as such sections are applicable, and the deposits shall be secured as provided in sections 135.01 to 135.21 of the Revised Code. The bond proceedings shall provide that any officer to whom, or any bank or trust company to which, revenues or pledged revenues are paid shall act as trustee of such money and hold and apply it for the purposes thereof, subject to applicable provisions of this chapter and the bond proceedings.
Sec. 6120.13. Any holder of bonds issued and outstanding under this chapter, or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given by this chapter may be restricted or modified by the bond proceedings, may by suit, action, mandamus, or other proceedings, protect and enforce any rights under the laws of the state or granted under this chapter or the bond proceedings, and may enforce and compel the performance of all duties required by this chapter or the bond proceedings, to be performed by the board of trustees of a water improvement district or any officer of the board.
Sec. 6120.14. The exercise of the powers granted by this chapter is in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the construction, reconstruction, and repair of projects by a water improvement district constitute the performance of essential governmental functions, the district shall not be required to pay any state or local taxes or assessments upon any project, or upon revenues or any property acquired or used by the district under this chapter, or upon the income therefrom. The bonds issued under this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
Sec. 6120.15. A board of county commissioners may enter into an agreement with a contiguous water improvement district that the board of county commissioners did not create for the district to undertake a project that is located wholly or partially within that county provided that the board of county commissioners of the county that created the water improvement district also must enter into the agreement.
No water improvement district shall undertake a project that is located wholly or partially within a county that did not create the water improvement district except pursuant to an agreement entered into in accordance with this section, a project being undertaken by two or more water improvement districts, or as otherwise provided by law.
Sec. 6120.16. (A) Not later than thirty days after the appointment of a water improvement district board under section 6120.02 of the Revised Code, a water improvement district appeals board shall be created by the board of county commissioners. The appeals board has exclusive original jurisdiction over any action regarding a waste water facility or water management facility located in the county in which the appeals board is located, including an action regarding any water project facilitated, coordinated, funded, financed, constructed, reconstructed, or repaired under this chapter in that county.
(B) A water improvement district appeals board shall consist of eleven voting members and one nonvoting member as follows:
(1) The five members of the board of trustees of the water improvement district;
(2) Two members appointed by the legislative authority of the most populous municipal corporation in the district;
(3) One member appointed by the legislative authority of the second most populous municipal corporation in the district;
(4) One member appointed by the township trustee association within the district. Absent such an association, one member shall be appointed by the board of township trustees of the most populous township in the county's unincorporated area.
(5) One member appointed by the county engineer who represents regional water and sewer districts. If there is no regional water and sewer district in the county, one member shall be appointed by the county engineer who has expertise on matters related to water and wastewater management.
(6) One member appointed by the board of county commissioners who is an expert on matters related to water and wastewater management;
(7) One member appointed by the regional planning commission for the county, who shall be a nonvoting member of the board.
(C) Each appointed member of the appeals board shall hold office for a term of two years, subject to removal by the appointing authority only for malfeasance. Members may be reappointed. Except as otherwise provided in this division, any vacancy on the appeals board shall be filled in the same manner as the original appointment.
(D) The voting members of the appeals board shall elect from the entire board membership a chairperson, vice-chairperson, and secretary-treasurer. A majority of the voting members of the appeals board constitutes a quorum, the affirmative vote of which is necessary for any decision. No vacancy in the membership of the appeals board impairs the right of a quorum to exercise all the rights and perform all its duties.
(E) Each member of the board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.
Sec. 6120.17. (A) The water improvement district appeals board shall adopt or amend, as appropriate, regulations governing procedure to be followed for hearings before it, including regulations governing all of the following:
(1) Procedures for conducting hearings on appeals that are not in conflict with section 6120.18 of the Revised Code;
(2) Procedures for issuing final decisions that are not in conflict with section 6120.18 of the Revised Code;
(3) Stays. The regulations shall specify that if an appeal of an action made by a water improvement district board is filed, such action shall not go into effect until the water improvement district appeals board issues its final decision on the matter.
(B) No regulation adopted by the appeals board shall be effective until the tenth day after it has been adopted by the filing of a certified copy thereof with the secretary of state who shall record it under the heading "regulations of the [insert name of county] water improvement district appeals board." The regulations shall be numbered consecutively under the heading and shall bear the date of filing. The regulations shall be public records open to public inspection.
(C) No regulation filed in the office of the secretary of state pursuant to this section shall be amended except by a regulation which contains the entire regulation as amended and which repeals the regulation amended. Each regulation which amends a regulation shall bear the same consecutive regulation number as the number of the regulation which it amends, and it shall bear the date of filing.
(D) No regulation filed in the office of the secretary of state pursuant to this section shall be repealed except by a regulation. Each regulation which repeals a regulation shall bear the same consecutive regulation number as the number of the regulation which it repeals, and it shall bear the date of filing.
(E) The authority and the duty of the appeals board to adopt regulations under this section is not governed by or subject to Chapter 119. of the Revised Code.
(F) The appeals board shall have available at all times copies of all regulations of the appeals board that it has filed in the office of the secretary of state pursuant to this section and shall furnish them free of charge to any person requesting them.
(G) The appeals board shall maintain and keep available for public inspection, at its principal office, a current register of all appeals filed, hearings pending, its final decision thereon, and the dates on which such filings, hearings, and final decision occur.
Sec. 6120.18. (A)(1) Any person who has an interest in an action may file an appeal with the applicable water improvement district appeals board for a decision that modifies or revokes the action. Such appeal shall be filed not later than fifteen days after the action or after the appeals board is created, whichever event occurs later.
(2) An appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based. The chairperson of the appeals board shall notify all members of the appeals board of the filing of an appeal and any other person that is a party to the proceeding not later than twenty-four hours after such filing.
(3) A hearing concerning an appeal shall be conducted not later than fifteen days after the filing of the appeal.
(4) A hearing concerning an appeal brought under this section is subject to section 121.22 of the Revised Code.
(B) The appeal shall be accompanied by a filing fee of seventy dollars, which the appeals board, in its discretion, may reduce if by affidavit the appellant demonstrates that payment of the full amount of the fee would cause extreme hardship.
(C) Within three days days after an appeal is made, the water improvement district board, or any other applicable appellee, shall prepare and certify to the appeals board a record of the proceedings out of which the appeal arises, including all documents and correspondence, and a transcript of all testimony.
(D) Upon the filing of an appeal, the appeals board shall fix the time and place at which the hearing on the appeal will be held. The appeals board shall give the appellant and appellee at least three days' notice of the hearing. The appeals board may postpone or continue any hearing upon its own motion or upon application of the appellant or of the appellee, but any postponement or continuance shall be reasonable and the appeals board shall take into account the interest of expediency.
(E) The appeals board shall issue a final decision at the hearing. Not later than three days after a final decision of the appeals board, the chairperson of the appeals board shall serve on each party to the appeal a written statement that the appealed action was either affirmed, revoked, or modified along with the reasons for the final decision. If modified, the statement shall describe how the appealed action was modified.
Sec. 6120.19. (A) Any party adversely affected by a final decision of the water improvement district appeals board may appeal the decision to the court of appeals in the county that the applicable water improvement district is located.
(B) An original written notice of appeal or a copy of the notice of appeal shall be filed with the appeals board and an original notice of appeal or a copy of the notice of appeal shall be filed with the reviewing court of common pleas within fifteen calendar days of the final decision of the appeals board.
(C) A copy of the notice of appeal shall be served upon the board of the trustees of the applicable water improvement district."
The question being, “Shall the motion to amend be agreed to?”
Representative Seitz moved that the motion be laid on the table.
The question being, "Shall the motion to amend be laid on the table?"
The yeas and nays were taken and resulted – yeas 78, nays 16, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Blackshear
Brennan Brent Brewer Brown
Callender Carruthers Click Creech
Cross Daniels Demetriou Edwards
Forhan Ghanbari Grim Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Lampton LaRe
Lipps Liston Lorenz Manchester
Manning Mathews McNally Miller,
A.
Miller,
J. Miller, K. Miller,
M. Mohamed
Oelslager Patton Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Somani Stein Stoltzfus
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Wiggam Williams Willis
Young,
T. Stephens-78
Those
who voted in the negative were:
Representatives
Barhorst Bird Claggett Dean
Dell'Aquila Dobos Ferguson Fowler
Arthur
Gross Klopfenstein Lear McClain
Merrin Powell Skindell Stewart-16
The motion to amend was laid on the table.
The question being, "Shall the bill pass?"
The yeas and nays were taken and resulted – yeas 40, nays 55, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Callender Carruthers
Click Cross Dobos Edwards
Fischer Ghanbari Hillyer Holmes
Hoops John Jones Klopfenstein
LaRe Lipps Lorenz Manning
Mathews McClain Miller,
K. Miller, M.
Oelslager Patton Pavliga Pizzulli
Ray Richardson Robb
Blasdel Roemer
Schmidt Seitz Stein Swearingen
Thomas,
J. White Williams Stephens-40
Those
who voted in the negative were:
Representatives
Abdullahi Baker Bird Blackshear
Brennan Brent Brewer Brown
Claggett Creech Daniels Dean
Dell'Aquila Demetriou Ferguson Forhan
Fowler
Arthur Grim Gross Hall
Humphrey Isaacsohn Jarrells Kick
King Lampton Lear Liston
Manchester McNally Merrin Miller,
A.
Miller,
J. Mohamed Peterson Piccolantonio
Plummer Powell Robinson Rogers
Russo Sims Skindell Somani
Stewart Stoltzfus Sweeney Thomas,
C.
Troy Upchurch Weinstein Whitted
Wiggam Willis Young,
T.-55
The bill not having received the required constitutional majority, failed of passage.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 238 - Representatives Fowler Arthur, Klopfenstein
Cosponsors:
Representatives John, Gross, Dean, Hillyer, Holmes, Hoops, Kick,
Lorenz, Merrin, Peterson, Santucci, Williams, Willis
Senators
Cirino, Cutrona, Huffman, S., Johnson, Lang, McColley, Reineke,
Reynolds, Roegner, Schaffer, Wilson
To amend sections 101.62, 101.82, 101.83, 103.27, 145.012, 146.02, 175.03, 175.04, 718.051, 926.12, 926.19, 1731.03, 1731.05, 1731.09, 1739.05, 1751.18, 3335.27, 3335.29, 3701.931, 3703.21, 3743.53, 3745.21, 3745.22, 3769.03, 3772.13, 3783.01, 3783.02, 3923.51, 3923.57, 3924.01, 3924.02, 3924.06, 3924.73, 4104.07, 4104.08, 4104.18, 4125.041, 4141.131, 4141.25, 4141.292, 4517.02, 4517.04, 4517.10, 4517.14, 4517.15, 4517.20, 4517.33, 4517.43, 4549.50, 4701.06, 4701.14, 4703.16, 4707.02, 4713.01, 4713.69, 4715.03, 4715.032, 4715.033, 4715.034, 4715.035, 4715.30, 4723.114, 4723.89, 4723.90, 4735.01, 4735.07, 4735.09, 4735.23, 4738.05, 4749.03, 4763.05, 4763.06, 4763.07, 4763.08, 4763.09, 4781.08, 4781.17, 5104.39, 5104.50, and 5120.10; to enact new section 926.30 and sections 113.78, 3769.031, 4735.011, and 4743.06; and to repeal sections 107.40, 122.98, 924.14, 924.212, 926.30, 1751.15, 1751.16, 1751.17, 3337.16, 3701.507, 3701.89, 3701.932, 3743.67, 3783.08, 3923.122, 3923.58, 3923.581, 3923.582, 3923.59, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 4141.08, 4141.12, 4517.09, 4749.021, 5104.08, and 5703.57 of the Revised Code and to repeal Sections 5 as subsequently amended and 6 of H.B. 29 of the 134th General Assembly, Sections 307.300, 381.630, 701.70, 733.30, and 757.70 of H.B. 110 of the 134th General Assembly, Section 1 of H.B. 12 of the 133rd General Assembly, Sections 265.510, 333.67, 381.610, 733.51, and 737.40 of H.B. 166 of the 133rd General Assembly, Sections 1, 2, 3, and 4 of S.B. 24 of the 133rd General Assembly, Section 7 of S.B. 310 of the 133rd General Assembly, and Section 3 of S.B. 9 of the 130th General Assembly as subsequently amended to revise and streamline the state's occupational regulations, to revise the law governing the Board of Nursing's Doula Advisory Group, to revise the membership of the Ohio Housing Finance Agency, to implement the recommendations of the Sunset Review Committee, and to eliminate certain Ohio insurance laws that have been suspended since the enactment by Congress of the Affordable Care Act.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 238-Representatives Fowler Arthur, Klopfenstein, et. al., be taken up for immediate consideration.
The motion was agreed to.
The Senate amendments to Sub. H. B. No. 238-Representatives Fowler Arthur, Klopfenstein, et. al., were taken up for consideration.
Sub. H. B. No. 238 - Representatives Fowler Arthur, Klopfenstein.
Cosponsors:
Representatives John, Gross, Dean, Hillyer, Holmes, Hoops, Kick,
Lorenz, Merrin, Peterson, Santucci, Williams, Willis
Senators
Cirino, Cutrona, Huffman, S., Johnson, Lang, McColley, Reineke,
Reynolds, Roegner, Schaffer, Wilson.
To amend sections 101.62, 101.82, 101.83, 103.27, 145.012, 146.02, 175.03, 175.04, 718.051, 926.12, 926.19, 1731.03, 1731.05, 1731.09, 1739.05, 1751.18, 3335.27, 3335.29, 3701.931, 3703.21, 3743.53, 3745.21, 3745.22, 3769.03, 3772.13, 3783.01, 3783.02, 3923.51, 3923.57, 3924.01, 3924.02, 3924.06, 3924.73, 4104.07, 4104.08, 4104.18, 4125.041, 4141.131, 4141.25, 4141.292, 4517.02, 4517.04, 4517.10, 4517.14, 4517.15, 4517.20, 4517.33, 4517.43, 4549.50, 4701.06, 4701.14, 4703.16, 4707.02, 4713.01, 4713.69, 4715.03, 4715.032, 4715.033, 4715.034, 4715.035, 4715.30, 4723.114, 4723.89, 4723.90, 4735.01, 4735.07, 4735.09, 4735.23, 4738.05, 4749.03, 4763.05, 4763.06, 4763.07, 4763.08, 4763.09, 4781.08, 4781.17, 5104.39, 5104.50, and 5120.10; to enact new section 926.30 and sections 113.78, 3769.031, 4735.011, and 4743.06; and to repeal sections 107.40, 122.98, 924.14, 924.212, 926.30, 1751.15, 1751.16, 1751.17, 3337.16, 3701.507, 3701.89, 3701.932, 3743.67, 3783.08, 3923.122, 3923.58, 3923.581, 3923.582, 3923.59, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 4141.08, 4141.12, 4517.09, 4749.021, 5104.08, and 5703.57 of the Revised Code and to repeal Sections 5 as subsequently amended and 6 of H.B. 29 of the 134th General Assembly, Sections 307.300, 381.630, 701.70, 733.30, and 757.70 of H.B. 110 of the 134th General Assembly, Section 1 of H.B. 12 of the 133rd General Assembly, Sections 265.510, 333.67, 381.610, 733.51, and 737.40 of H.B. 166 of the 133rd General Assembly, Sections 1, 2, 3, and 4 of S.B. 24 of the 133rd General Assembly, Section 7 of S.B. 310 of the 133rd General Assembly, and Section 3 of S.B. 9 of the 130th General Assembly as subsequently amended to revise and streamline the state's occupational regulations, to revise the law governing the Board of Nursing's Doula Advisory Group, to revise the membership of the Ohio Housing Finance Agency, to implement the recommendations of the Sunset Review Committee, and to eliminate certain Ohio insurance laws that have been suspended since the enactment by Congress of the Affordable Care Act.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 66, nays 28, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Callender
Carruthers Claggett Click Creech
Cross Daniels Dean Demetriou
Dobos Edwards Ferguson Fischer
Forhan Fowler
Arthur Ghanbari Gross
Hall Hillyer Holmes Hoops
John Jones Kick King
Klopfenstein Lampton LaRe Lear
Lipps Lorenz Manchester Manning
Mathews McClain Merrin Miller,
J.
Miller,
K. Miller,
M. Oelslager Patton
Pavliga Peterson Pizzulli Plummer
Powell Ray Richardson Robb
Blasdel
Roemer Seitz Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
J.
White Wiggam Williams Willis
Young,
T. Stephens-66
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brennan
Brent Brewer Brown Dell'Aquila
Grim Humphrey Isaacsohn Jarrells
Liston McNally Miller,
A. Mohamed
Piccolantonio Robinson Rogers Russo
Sims Skindell Somani Thomas,
C.
Troy Upchurch Weinstein Whitted-28
The Senate amendments were concurred in.
On motion of Representative Oelslager, the House recessed.
The House met pursuant to recess.
Sub. S. B. No. 290-Senator Antonio.
Cosponsors: Senators Craig, Smith, Sykes, Kunze, Roegner, Romanchuk, Wilson, Brenner, Antonio, DeMora, Dolan, Gavarone, Hicks-Hudson, Ingram, Reineke.
To amend section 4501.21 and to enact sections 4503.541, 5533.106, 5533.532, 5534.013, 5534.427, 5534.429, 5534.443, 5534.482, 5534.502, 5534.505, 5534.617, 5534.673, 5534.705, 5534.8710, 5534.914, 5534.919, 5534.921, 5534.924, 5534.926, 5534.927, 5534.929, 5534.941, 5534.961, 5534.964, 5534.966, and 5534.968 of the Revised Code to make multiple highway designations and to create the "Dolly Parton Imagination Library" license plate, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Rogers moved to amend, amendment 3482, as follows:
In line 1319, after "Coy" insert "Veterans"
The question being, “Shall the motion to amend be agreed to?”
The motion was agreed to and the bill so amended.
The question being, "Shall the bill as amended pass?"
The yeas and nays were taken and resulted – yeas 89, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Brown Callender Carruthers
Claggett Click Creech Cross
Daniels Dell'Aquila Demetriou Dobos
Edwards Fischer Forhan Fowler
Arthur
Ghanbari Grim Gross Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein Lampton
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Patton Pavliga Peterson Piccolantonio
Pizzulli Plummer Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stoltzfus
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Wiggam Willis Young,
T.
Stephens-89
The bill passed.
Representative Ghanbari moved to amend the title as follows:
Add the names: "Abrams, Blackshear, Brennan, Brewer, Carruthers, Click, Dell'Aquila, Dobos, Forhan, Fowler Arthur, Ghanbari, Grim, Isaacsohn, Jarrells, Jones, Lear, Liston, Miller, J., Miller, K., Oelslager, Patton, Pavliga, Robb Blasdel, Rogers, Russo, Schmidt, Sims, Skindell, Stein, Thomas, C., Upchurch, Weinstein, White, Willis."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Sub. S. B. No. 158-Senator Cirino.
Cosponsors: Senators Brenner, Hackett, Johnson, Lang, O'Brien, Rulli, Schaffer, Wilson.
To amend sections 2151.07, 2301.02, and 2301.03 of the Revised Code to add a judge to the Adams County Court of Common Pleas, who shall be elected in 2026, and designated as the judge of the court's Probate and Juvenile Division on February 9, 2029, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Oelslager moved that Sub. S. B. No. 158-Senator Cirino, et al., be informally passed and retain its place on the calendar.
The motion was agreed to.
Sub. S. B. No. 71-Senator Gavarone.
Cosponsors: Senators Brenner, Cirino, Hackett, Hoagland, Johnson, Lang, Wilkin.
To amend sections 305.02, 3513.041, 3513.05, 3513.06, 3513.07, 3513.261, and 3513.271 and to enact section 3513.053 of the Revised Code regarding candidate nominations and party central committees, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
The yeas and nays were taken and resulted – yeas 63, nays 28, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Brennan
Callender Carruthers Claggett Click
Creech Cross Daniels Demetriou
Dobos Edwards Ferguson Fischer
Fowler
Arthur Ghanbari Gross Hall
Hillyer Holmes Hoops John
Jones Kick King Klopfenstein
Lampton LaRe Lear Lipps
Lorenz Manchester Manning Mathews
McClain Merrin Miller,
K. Miller,
M.
Oelslager Patton Pavliga Peterson
Pizzulli Plummer Ray Richardson
Robb
Blasdel Roemer Schmidt Seitz
Stein Stewart Stoltzfus Swearingen
Thomas,
J. Troy White Wiggam
Willis Young,
T. Stephens-63
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brent
Brewer Brown Dell'Aquila Forhan
Grim Humphrey Isaacsohn Jarrells
Liston McNally Miller,
A. Miller,
J.
Piccolantonio Robinson Rogers Russo
Sims Skindell Somani Sweeney
Thomas,
C. Upchurch Weinstein Whitted-28
The bill passed.
Representative Peterson moved to amend the title as follows:
Add the names: "Bird, Click, Daniels, Dobos, Edwards, Fischer, Ghanbari, Hall, Holmes, John, Jones, Kick, Mathews, Miller, K., Miller, M., Peterson, Plummer, Willis."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Sub. S. B. No. 32-Senator Schaffer.
Cosponsors: Senators Cirino, Johnson, Manning, Antani, Antonio, Brenner, Chavez, Craig, Cutrona, Gavarone, Hackett, Hicks-Hudson, Huffman, S., Kunze, Landis, Lang, O'Brien, Reineke, Reynolds, Roegner, Romanchuk, Wilkin.
To amend sections 121.22, 122.66, 122.70, 1901.31, 2303.12, 2303.26, 2329.01, 2329.44, 2923.126, 3314.03, 3326.11, 3328.24, 4707.101, and 5721.20 and to enact sections 2307.221 and 3319.48 of the Revised Code to generally grant civil immunity for certain injuries to a person who acts in self-defense or defense of another during the commission, or imminent commission, of an offense of violence to protect the members or guests of a nonprofit corporation under certain circumstances; to modify the laws governing community action agencies; to modify the law regarding the storage, maintenance, and retrieval of all papers delivered to the clerk of courts; to revise the law relating to the notice of excess funds in real property foreclosure sales; to exempt certain licensed auctioneers from continuing education requirements; and to enact the Creating a Respectful and Open World for Natural Hair (CROWN) Act prohibiting discrimination by a public school against an individual based on hair texture and protective hair styles, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
Representative Oelslager moved that Sub. S. B. No. 32-Senator Schaffer, et al., be informally passed and retain its place on the calendar.
The motion was agreed to.
H. C. R. No. 18-Representative Richardson.
Cosponsors: Representatives Abrams, Carruthers, Claggett, Dean, Gross, Holmes, Johnson, Klopfenstein, Mathews, Miller, K., Pavliga, Peterson, Pizzulli, Robb Blasdel, Schmidt, Swearingen, Wiggam, Young, T.
To urge the United States Congress to enact the Safeguard American Voter Eligibility (SAVE) Act, was taken up for consideration the third time.
The question being, "Shall the concurrent resolution be adopted?"
Representative Richardson moved to amend the title as follows:
Add the names: "Bird, Cross, Dobos, Edwards, Ghanbari, Hillyer, Jones, LaRe, Lear, Plummer, Ray, Seitz, Willis, Speaker Stephens."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
The question being, "Shall the concurrent resolution be adopted?"
The yeas and nays were taken and resulted – yeas 73, nays 20, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Brennan
Callender Carruthers Claggett Click
Creech Cross Daniels Dean
Dell'Aquila Demetriou Dobos Edwards
Ferguson Fischer Fowler
Arthur Ghanbari
Gross Hall Hillyer Holmes
Hoops John Jones Kick
King Klopfenstein Lampton LaRe
Lear Lipps Lorenz Manchester
Manning Mathews McClain McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Patton Pavliga
Peterson Pizzulli Plummer Powell
Ray Richardson Robb
Blasdel Robinson
Roemer Rogers Russo Schmidt
Seitz Stein Stewart Stoltzfus
Swearingen Sweeney Thomas,
J. Troy
White Wiggam Willis Young,
T.
Stephens-73
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brent
Brewer Brown Forhan Grim
Humphrey Isaacsohn Jarrells Liston
Piccolantonio Sims Skindell Somani
Thomas,
C. Upchurch Weinstein Whitted-20
The concurrent resolution was adopted.
On motion of Representative Oelslager, the House recessed.
The House met pursuant to recess.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Am. Sub. H. B. No. 173 - Representative Troy
Cosponsors:
Representatives Gross, Richardson, Forhan, Brennan, Rogers, McNally,
Brewer, Thomas, C., Liston, Abdullahi, Abrams, Barhorst, Brent,
Brown, Callender, Carruthers, Creech, Dell'Aquila, Denson, Dobos,
Galonski, Grim, Hall, Hoops, Humphrey, Isaacsohn, John, Johnson,
Jones, Lightbody, Lorenz, Manning, Mathews, Miller, A., Miller, J.,
Miller, M., Miranda, Mohamed, Patton, Pavliga, Peterson, Pizzulli,
Ray, Russo, Skindell, Somani, Weinstein, White, Williams
Senators
Antonio, Craig, DeMora, Ingram, Johnson, Landis, Reineke, Reynolds,
Romanchuk, Sykes, Wilson
To amend section 3727.44; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3727.44 (3727.40); to enact sections 5.2410, 5.54, 5.60, 3727.31, 3727.32, 3727.33, 3727.34, 3727.35, 3727.36, 3727.37, 3727.38, 3727.381, and 3727.39; and to repeal sections 3727.42, 3727.43, and 3727.45 of the Revised Code to require hospitals to publish certain price information and to designate "Ohio Black Media Week," "Hindu Heritage Month," and "Older Ohioans Month."
As a substitute bill with the following additional amendments, in which the concurrence of the House is requested.
In line 4 of the title, after "5.54" insert ", 5.60"
In line 10 of the title, after "Week" insert ","; after the first """ insert ""Hindu Heritage Month,""
In line 14, after "5.54" insert ", 5.60"
After line 21, insert:
"Sec. 5.60. The month of October is designated as "Hindu Heritage Month" to recognize the contributions of Hindu Americans to the culture, education, faith, and life of the state."
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Am. Sub. H. B. No. 173-Representative Troy, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Am. Sub. H. B. No. 173-Representative Troy, et. al., were taken up for consideration.
Am. Sub. H. B. No. 173 - Representative Troy.
Cosponsors:
Representatives Gross, Richardson, Forhan, Brennan, Rogers, McNally,
Brewer, Thomas, C., Liston, Abdullahi, Abrams, Barhorst, Brent,
Brown, Callender, Carruthers, Creech, Dell'Aquila, Denson, Dobos,
Galonski, Grim, Hall, Hoops, Humphrey, Isaacsohn, John, Johnson,
Jones, Lightbody, Lorenz, Manning, Mathews, Miller, A., Miller, J.,
Miller, M., Miranda, Mohamed, Patton, Pavliga, Peterson, Pizzulli,
Ray, Russo, Skindell, Somani, Weinstein, White, Williams
Senators
Antonio, Craig, DeMora, Ingram, Johnson, Landis, Reineke, Reynolds,
Romanchuk, Sykes, Wilson.
To amend section 3727.44; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3727.44 (3727.40); to enact sections 5.2410, 5.54, 5.60, 3727.31, 3727.32, 3727.33, 3727.34, 3727.35, 3727.36, 3727.37, 3727.38, 3727.381, and 3727.39; and to repeal sections 3727.42, 3727.43, and 3727.45 of the Revised Code to require hospitals to publish certain price information and to designate "Ohio Black Media Week," "Hindu Heritage Month," and "Older Ohioans Month."
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 89, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Williams Willis
Stephens-89
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 497 - Representatives Stewart, Klopfenstein
Cosponsors:
Representatives Creech, Peterson, Seitz, Dean, Lorenz, Johnson,
Hoops, Claggett, Barhorst, Wiggam, Brennan, Dell'Aquila, Dobos,
Hillyer, John, Lampton, Mathews, McClain, Mohamed, Plummer, Robb
Blasdel, Schmidt, Somani, Stein, Williams, Willis
Senators
Brenner, Cirino, DeMora, Gavarone, Hicks-Hudson, Landis, Reineke,
Smith, Wilson
To amend sections 7.10, 7.16, 125.182, 135.33, 149.38, 153.31, 153.35, 153.36, 153.37, 153.38, 153.39, 153.44, 301.02, 301.15, 301.28, 301.29, 303.06, 303.08, 303.09, 303.12, 303.15, 303.32, 303.58, 307.022, 307.041, 307.10, 307.12, 307.37, 307.39, 307.561, 307.676, 307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.87, 307.88, 307.981, 309.09, 313.02, 313.10, 313.12, 313.14, 313.161, 317.20, 319.11, 321.18, 322.02, 322.021, 323.08, 323.122, 323.62, 323.73, 325.15, 331.06, 339.08, 345.03, 1901.023, 2151.271, 2335.061, 4723.431, 4730.19, 5153.112, and 5540.03 and to enact section 307.901 of the Revised Code to make various changes regarding county law, to extend the Erie county municipal court's territorial jurisdiction, to modify educational requirements for public children services agency caseworkers, to extinguish a land use restriction and release an easement in Montgomery County, and to authorize the conveyance of certain parcels of state-owned real property in Knox county.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 497-Representatives Stewart, Klopfenstein, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 497-Representatives Stewart, Klopfenstein, et. al., were taken up for consideration.
Sub. H. B. No. 497 - Representatives Stewart, Klopfenstein.
Cosponsors:
Representatives Creech, Peterson, Seitz, Dean, Lorenz, Johnson,
Hoops, Claggett, Barhorst, Wiggam, Brennan, Dell'Aquila, Dobos,
Hillyer, John, Lampton, Mathews, McClain, Mohamed, Plummer, Robb
Blasdel, Schmidt, Somani, Stein, Williams, Willis
Senators
Brenner, Cirino, DeMora, Gavarone, Hicks-Hudson, Landis, Reineke,
Smith, Wilson.
To amend sections 7.10, 7.16, 125.182, 135.33, 149.38, 153.31, 153.35, 153.36, 153.37, 153.38, 153.39, 153.44, 301.02, 301.15, 301.28, 301.29, 303.06, 303.08, 303.09, 303.12, 303.15, 303.32, 303.58, 307.022, 307.041, 307.10, 307.12, 307.37, 307.39, 307.561, 307.676, 307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.87, 307.88, 307.981, 309.09, 313.02, 313.10, 313.12, 313.14, 313.161, 317.20, 319.11, 321.18, 322.02, 322.021, 323.08, 323.122, 323.62, 323.73, 325.15, 331.06, 339.08, 345.03, 1901.023, 2151.271, 2335.061, 4723.431, 4730.19, 5153.112, and 5540.03 and to enact section 307.901 of the Revised Code to make various changes regarding county law, to extend the Erie county municipal court's territorial jurisdiction, to modify educational requirements for public children services agency caseworkers, to extinguish a land use restriction and release an easement in Montgomery County, and to authorize the conveyance of certain parcels of state-owned real property in Knox county.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 87, nays 3, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Fischer Forhan Fowler
Arthur
Ghanbari Grim Hall Hillyer
Holmes Hoops Humphrey Isaacsohn
Jarrells John Jones Kick
King Klopfenstein LaRe Lear
Lipps Liston Lorenz Manchester
Manning Mathews McClain McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Somani Stein
Stewart Stoltzfus Swearingen Sweeney
Thomas,
C. Thomas,
J. Troy Upchurch
Weinstein White Whitted Wiggam
Williams Willis Stephens-87
Representatives Ferguson, Gross, and Powell voted in the negative-3.
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 29 - Representatives Humphrey, Brewer
Cosponsors:
Representatives Brent, Abdullahi, Forhan, Miller, A., Russo,
Williams, McNally, Abrams, Baker, Blackshear, Brennan, Brown,
Carruthers, Click, Creech, Dell'Aquila, Denson, Dobos, Edwards, Grim,
Hillyer, Isaacsohn, Johnson, Jones, Lightbody, Liston, Loychik,
Mathews, Miller, J., Miller, K., Mohamed, Oelslager, Pavliga,
Plummer, Seitz, Skindell, Somani, Stewart, Swearingen, Thomas, C.,
Upchurch, Weinstein
Senators Manning, Antonio, Blessing, Cirino,
Craig, Cutrona, DeMora, Gavarone, Ingram, Johnson, Lang, Reineke,
Reynolds, Smith, Sykes, Wilkin
To amend sections 1901.44, 1905.202, 1907.25, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, 2925.37, 2935.26, 2935.27, 2937.40, 2947.09, 3123.54, 3123.56, 3123.58, 3321.13, 3321.191, 4501.06, 4503.10, 4503.102, 4503.12, 4503.20, 4503.39, 4507.212, 4509.101, 4509.45, 4509.66, 4509.67, 4509.69, 4509.77, 4510.101, 4510.111, 4510.16, 4510.17, 4510.22, 4511.62, 4511.63, and 4511.64; to enact section 2929.33; and to repeal sections 2937.221 and 4510.32 of the Revised Code to make changes to the laws governing driver's license suspensions and to the laws governing penalties for failure to provide proof of financial responsibility.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 29-Representatives Humphrey, Brewer, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 29-Representatives Humphrey, Brewer, et. al., were taken up for consideration.
Sub. H. B. No. 29 - Representatives Humphrey, Brewer.
Cosponsors:
Representatives Brent, Abdullahi, Forhan, Miller, A., Russo,
Williams, McNally, Abrams, Baker, Blackshear, Brennan, Brown,
Carruthers, Click, Creech, Dell'Aquila, Denson, Dobos, Edwards, Grim,
Hillyer, Isaacsohn, Johnson, Jones, Lightbody, Liston, Loychik,
Mathews, Miller, J., Miller, K., Mohamed, Oelslager, Pavliga,
Plummer, Seitz, Skindell, Somani, Stewart, Swearingen, Thomas, C.,
Upchurch, Weinstein
Senators Manning, Antonio, Blessing, Cirino,
Craig, Cutrona, DeMora, Gavarone, Ingram, Johnson, Lang, Reineke,
Reynolds, Smith, Sykes, Wilkin.
To amend sections 1901.44, 1905.202, 1907.25, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, 2925.37, 2935.26, 2935.27, 2937.40, 2947.09, 3123.54, 3123.56, 3123.58, 3321.13, 3321.191, 4501.06, 4503.10, 4503.102, 4503.12, 4503.20, 4503.39, 4507.212, 4509.101, 4509.45, 4509.66, 4509.67, 4509.69, 4509.77, 4510.101, 4510.111, 4510.16, 4510.17, 4510.22, 4511.62, 4511.63, and 4511.64; to enact section 2929.33; and to repeal sections 2937.221 and 4510.32 of the Revised Code to make changes to the laws governing driver's license suspensions and to the laws governing penalties for failure to provide proof of financial responsibility.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 84, nays 6, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Baker Barhorst Blackshear
Brennan Brent Brewer Callender
Carruthers Claggett Click Creech
Cross Daniels Dean Dell'Aquila
Demetriou Dobos Edwards Ferguson
Fischer Forhan Fowler
Arthur Grim
Gross Hall Hillyer Holmes
Hoops Humphrey Isaacsohn Jarrells
John Jones Kick King
Klopfenstein LaRe Lear Lipps
Liston Lorenz Manchester Manning
Mathews McClain McNally Merrin
Miller,
A. Miller, J. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Ray Richardson Robb
Blasdel
Robinson Roemer Rogers Russo
Schmidt Seitz Sims Skindell
Somani Stein Stewart Stoltzfus
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Williams Willis Stephens-84
Representatives Abrams, Bird, Ghanbari, Miller, K., Powell, and Wiggam voted in the negative-6.
The Senate amendments were concurred in.
Representative Humphrey moved to amend the title as follows:
Remove the name: “Miller, K.”
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 7 - Representatives White, Humphrey
Cosponsors:
Representatives Liston, McNally, Abdullahi, Abrams, Baker, Brennan,
Brent, Brewer, Brown, Callender, Dell'Aquila, Denson, Dobos, Edwards,
Forhan, Grim, Isaacsohn, Jarrells, Jones, Manning, Mathews, Miller,
A., Miller, J., Miller, M., Mohamed, Oelslager, Patton,
Piccolantonio, Robinson, Russo, Seitz, Sims, Skindell, Thomas, C.,
Troy, Upchurch, Weinstein, Whitted, Williams, Young, T., Speaker
Stephens
Senators Antonio, Blessing, Brenner, Cirino, Craig,
Cutrona, DeMora, Dolan, Gavarone, Ingram, Johnson, Kunze, Reineke,
Smith, Sykes, Wilkin, Wilson
To amend sections 5101.342, 5180.21, and 5180.22 and to enact sections 5104.291 and 5180.40 of the Revised Code regarding services for infants, children, and parents.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 7-Representatives White, Humphrey, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 7-Representatives White, Humphrey, et. al., were taken up for consideration.
Sub. H. B. No. 7 - Representatives White, Humphrey.
Cosponsors:
Representatives Liston, McNally, Abdullahi, Abrams, Baker, Brennan,
Brent, Brewer, Brown, Callender, Dell'Aquila, Denson, Dobos, Edwards,
Forhan, Grim, Isaacsohn, Jarrells, Jones, Manning, Mathews, Miller,
A., Miller, J., Miller, M., Mohamed, Oelslager, Patton,
Piccolantonio, Robinson, Russo, Seitz, Sims, Skindell, Thomas, C.,
Troy, Upchurch, Weinstein, Whitted, Williams, Young, T., Speaker
Stephens
Senators Antonio, Blessing, Brenner, Cirino, Craig,
Cutrona, DeMora, Dolan, Gavarone, Ingram, Johnson, Kunze, Reineke,
Smith, Sykes, Wilkin, Wilson.
To amend sections 5101.342, 5180.21, and 5180.22 and to enact sections 5104.291 and 5180.40 of the Revised Code regarding services for infants, children, and parents.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 82, nays 8, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dell'Aquila Demetriou Dobos Edwards
Fischer Forhan Ghanbari Grim
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lipps Liston Lorenz
Manchester Manning Mathews McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Somani Stein
Stewart Stoltzfus Swearingen Sweeney
Thomas,
C. Thomas,
J. Troy Upchurch
Weinstein White Whitted Williams
Willis Stephens-82
Representatives Dean, Ferguson, Fowler Arthur, Gross, Lear, McClain, Powell, and Wiggam voted in the negative-8.
The Senate amendments were concurred in.
Sub. S. B. No. 158-Senator Cirino.
Cosponsors: Senators Brenner, Hackett, Johnson, Lang, O'Brien, Rulli, Schaffer, Wilson.
To amend sections 2151.07, 2301.02, and 2301.03 of the Revised Code to add a judge to the Adams County Court of Common Pleas, who shall be elected in 2026, and designated as the judge of the court's Probate and Juvenile Division on February 9, 2029, was taken up for consideration the third time.
The question being, "Shall the bill pass?"
The yeas and nays were taken and resulted – yeas 84, nays 6, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Fischer Forhan Fowler
Arthur
Ghanbari Grim Gross Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein LaRe
Lear Lipps Liston Lorenz
Manchester Manning Mathews McClain
McNally Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Somani Stein
Stewart Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Willis Stephens-84
Representatives Ferguson, Merrin, Powell, Stoltzfus, Wiggam, and Williams voted in the negative-6.
The bill passed.
Representative Pizzulli moved to amend the title as follows:
Add the names: "Bird, Brennan, Brewer, Carruthers, Click, Daniels, Dobos, Fischer, Grim, Hoops, Humphrey, Jones, Miller, A., Miller, J., Pizzulli, Schmidt, Seitz."
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 531 - Representatives Lear, Lorenz
Cosponsors:
Representatives Brennan, Johnson, Williams, Click, Robb Blasdel,
Richardson, Dean, Abrams, LaRe, Miller, K., Abdullahi, Barhorst,
Bird, Blackshear, Brent, Brewer, Brown, Callender, Carruthers,
Claggett, Cross, Cutrona, Daniels, Dell'Aquila, Demetriou, Denson,
Dobos, Edwards, Forhan, Fowler Arthur, Gross, Hall, Hillyer, Hoops,
Jarrells, John, Jones, Kick, King, Lampton, Lipps, Liston, Loychik,
Mathews, Miller, A., Miller, M., Mohamed, Patton, Pavliga, Peterson,
Piccolantonio, Plummer, Ray, Rogers, Schmidt, Sims, Somani, Stein,
Swearingen, Sweeney, Upchurch, White, Whitted, Young, T.
Senators
Manning, Antonio, Brenner, Chavez, Cirino, Craig, Cutrona, DeMora,
Dolan, Gavarone, Ingram, Johnson, Kunze, Landis, Reineke, Reynolds,
Roegner, Romanchuk, Schaffer, Wilkin, Wilson
To amend sections 2137.15, 2905.11, 2929.12, and 2933.51 and to enact sections 2905.111 and 2933.523 of the Revised Code to enact Braden's Law to prohibit sexual extortion and to require service providers to comply with search warrants and interception warrants for electronic information.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 531-Representatives Lear, Lorenz, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 531-Representatives Lear, Lorenz, et. al., were taken up for consideration.
Sub. H. B. No. 531 - Representatives Lear, Lorenz.
Cosponsors:
Representatives Brennan, Johnson, Williams, Click, Robb Blasdel,
Richardson, Dean, Abrams, LaRe, Miller, K., Abdullahi, Barhorst,
Bird, Blackshear, Brent, Brewer, Brown, Callender, Carruthers,
Claggett, Cross, Cutrona, Daniels, Dell'Aquila, Demetriou, Denson,
Dobos, Edwards, Forhan, Fowler Arthur, Gross, Hall, Hillyer, Hoops,
Jarrells, John, Jones, Kick, King, Lampton, Lipps, Liston, Loychik,
Mathews, Miller, A., Miller, M., Mohamed, Patton, Pavliga, Peterson,
Piccolantonio, Plummer, Ray, Rogers, Schmidt, Sims, Somani, Stein,
Swearingen, Sweeney, Upchurch, White, Whitted, Young, T.
Senators
Manning, Antonio, Brenner, Chavez, Cirino, Craig, Cutrona, DeMora,
Dolan, Gavarone, Ingram, Johnson, Kunze, Landis, Reineke, Reynolds,
Roegner, Romanchuk, Schaffer, Wilkin, Wilson.
To amend sections 2137.15, 2905.11, 2929.12, and 2933.51 and to enact sections 2905.111 and 2933.523 of the Revised Code to enact Braden's Law to prohibit sexual extortion and to require service providers to comply with search warrants and interception warrants for electronic information.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 89, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stoltzfus
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Wiggam Williams Willis
Stephens-89
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 265 - Representatives Wiggam, Hall
Cosponsors:
Representatives Plummer, Williams, Willis, Gross, Young, T., Click,
Abrams, Bird, Brennan, Creech, Dell'Aquila, Demetriou, Dobos,
Ghanbari, Grim, Holmes, John, Johnson, Jones, LaRe, Lorenz, Mathews,
Miller, J., Miller, K., Miller, M., Mohamed, Patton, Pavliga,
Peterson, Piccolantonio, Richardson, Robb Blasdel, Roemer, Russo,
Santucci, Thomas, C., Upchurch, White
Senators Manning, Antonio,
Cirino, Craig, Landis, Reineke, Smith
To amend sections 149.43, 149.45, 319.28, 319.54, 2323.52, 2743.75, and 2951.03 and to enact section 9.59 of the Revised Code to revise the Public Records Law.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 265 – Representatives Wiggam, Lorenz, be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 265 -Representatives Wiggam, Hall, were taken up for consideration.
Sub. H. B. No. 265 - Representatives Wiggam, Hall
Cosponsors:
Representatives Plummer, Williams, Willis, Gross, Young, T., Click,
Abrams, Bird, Brennan, Creech, Dell'Aquila, Demetriou, Dobos,
Ghanbari, Grim, Holmes, John, Johnson, Jones, LaRe, Lorenz, Mathews,
Miller, J., Miller, K., Miller, M., Mohamed, Patton, Pavliga,
Peterson, Piccolantonio, Richardson, Robb Blasdel, Roemer, Russo,
Santucci, Thomas, C.,Upchurch,White
Senators Manning, Antonio,
Cirino, Craig, Landis, Reineke, Smith.
To amend sections 149.43, 149.45, 319.28, 319.54, 2323.52, 2743.75, and 2951.03 and to enact section 9.59 of the Revised Code to revise the Public Records Law.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 90, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Wiggam Williams
Willis Stephens-90
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 37 - Representatives Johnson, Miller, K.
Cosponsors:
Representatives Merrin, Plummer, Hall, Stewart, Dean, Gross, Abrams,
Bird, Brennan, Brewer, Brown, Carruthers, Claggett, Click, Creech,
Cross, Daniels, Dell'Aquila, Demetriou, Denson, Dobos, Ghanbari,
Holmes, Hoops, John, Jones, Kick, King, Klopfenstein, Lampton, LaRe,
Lear, Lorenz, Manning, McClain, Miller, J., Miller, M., Mohamed,
Oelslager, Patton, Pavliga, Peterson, Ray, Richardson, Robb Blasdel,
Robinson, Roemer, Santucci, Schmidt, Somani, Stein, Swearingen,
Thomas, C., Upchurch, Weinstein, White, Willis, Young, T., Speaker
Stephens
Senators Dolan, Gavarone, Manning, Antonio, Cirino,
Craig, Ingram, Johnson, Kunze, Lang, Reineke, Reynolds, Romanchuk,
Smith, Wilkin
To amend sections 1547.11, 1547.111, 2317.02, 2317.022, 2743.191, 2903.06, 2929.14, 2929.142, 3701.143, 4503.234, 4503.235, 4506.17, 4510.13, 4510.17, 4510.31, 4510.54, 4511.19, 4511.191, 4511.192, and 4513.263 of the Revised Code to modify the law related to OVI-related offenses.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 37-Representatives Johnson, Miller, K., et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 37-Representatives Johnson, Miller, K., et. al., were taken up for consideration.
Sub. H. B. No. 37 - Representatives Johnson, Miller, K.
Cosponsors:
Representatives Merrin, Plummer, Hall, Stewart, Dean, Gross, Abrams,
Bird, Brennan, Brewer, Brown, Carruthers, Claggett, Click, Creech,
Cross, Daniels, Dell'Aquila, Demetriou, Denson, Dobos, Ghanbari,
Holmes, Hoops, John, Jones, Kick, King, Klopfenstein, Lampton, LaRe,
Lear, Lorenz, Manning, McClain, Miller, J., Miller, M., Mohamed,
Oelslager, Patton, Pavliga, Peterson, Ray, Richardson, Robb Blasdel,
Robinson, Roemer, Santucci, Schmidt, Somani, Stein, Swearingen,
Thomas, C., Upchurch, Weinstein, White, Willis, Young, T., Speaker
Stephens
Senators Dolan, Gavarone, Manning, Antonio, Cirino,
Craig, Ingram, Johnson, Kunze, Lang, Reineke, Reynolds, Romanchuk,
Smith, Wilkin.
To amend sections 1547.11, 1547.111, 2317.02, 2317.022, 2743.191, 2903.06, 2929.14, 2929.142, 3701.143, 4503.234, 4503.235, 4506.17, 4510.13, 4510.17, 4510.31, 4510.54, 4511.19, 4511.191, 4511.192, and 4513.263 of the Revised Code to modify the law related to OVI-related offenses.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 90, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Somani Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Wiggam Williams
Willis Stephens-90
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Am. Sub. H. B. No. 366 - Representative Ghanbari
Cosponsors:
Representatives Abrams, Miller, K., Bird, Brennan, Carruthers,
Creech, Cross, Daniels, Dell'Aquila, Dobos, Hall, LaRe, Oelslager,
Patton, Plummer, Richardson, Robb Blasdel, Roemer, Santucci, Schmidt,
Williams, Young, T.
Senators Manning, Antonio, Brenner, Cirino,
Craig, Cutrona, DeMora, Gavarone, Ingram, Johnson, Landis, Lang,
Reineke, Romanchuk, Wilkin, Wilson
To amend sections 177.011, 177.02, 1707.043, 2913.01, 2913.02, 2913.30, 2923.32, and 5739.17 and to enact sections 177.04, 2913.021, and 2913.08 of the Revised Code to enact the Fight Organized Retail Crime and Empower Law Enforcement (FORCE) Act to create the Organized Retail Theft Advisory Council and an investigative task force, to create the crime of theft of mail, and to modify theft offenses and penalties related to retail property.
As a substitute bill with the following additional amendments, in which the concurrence of the House is requested.
In line 307, strike through "the effective date of this"; delete "amendment" and insert "April 11, 1990"
In line 308, strike through "the effective"
In line 309, strike through "date of this"; delete "amendment" and insert "April 11, 1990"
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Am. Sub. H. B. No. 366-Representative Ghanbari, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Am. Sub. H. B. No. 366-Representative Ghanbari, et. al., were taken up for consideration.
Am. Sub. H. B. No. 366 - Representative Ghanbari.
Cosponsors:
Representatives Abrams, Miller, K., Bird, Brennan, Carruthers,
Creech, Cross, Daniels, Dell'Aquila, Dobos, Hall, LaRe, Oelslager,
Patton, Plummer, Richardson, Robb Blasdel, Roemer, Santucci, Schmidt,
Williams, Young, T.
Senators Manning, Antonio, Brenner, Cirino,
Craig, Cutrona, DeMora, Dolan, Gavarone, Ingram, Johnson, Landis,
Lang, Reineke, Romanchuk, Wilkin, Wilson.
To amend sections 177.011, 177.02, 1707.043, 2913.01, 2913.02, 2913.30, 2923.32, and 5739.17 and to enact sections 177.04, 2913.021, and 2913.08 of the Revised Code to enact the Fight Organized Retail Crime and Empower Law Enforcement (FORCE) Act to create the Organized Retail Theft Advisory Council and an investigative task force, to create the crime of theft of mail, and to modify theft offenses and penalties related to retail property.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 83, nays 6, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Click Creech
Cross Daniels Dean Dell'Aquila
Demetriou Dobos Edwards Fischer
Fowler
Arthur Ghanbari Grim Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein LaRe
Lipps Liston Lorenz Manchester
Manning Mathews McClain McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Somani Stein
Stewart Stoltzfus Swearingen Sweeney
Thomas,
C. Thomas,
J. Troy Upchurch
Weinstein White Whitted Wiggam
Williams Willis Stephens-83
Representatives Claggett, Ferguson, Forhan, Gross, Lear, and Powell voted in the negative-6.
The Senate amendments were concurred in.
Message from the Senate
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 452 - Representatives White, Baker
Cosponsors:
Representatives Liston, Abdullahi, Blackshear, Brennan, Brewer,
Brown, Dell'Aquila, Denson, Dobos, Forhan, Grim, Jarrells, Loychik,
Miller, A., Mohamed, Oelslager, Patton, Piccolantonio, Rogers, Russo,
Somani, Troy, Whitted, Young, T.
Senators Antonio, Brenner,
Chavez, Cirino, Craig, Cutrona, DeMora, Johnson, O'Brien, Schaffer,
Wilkin
To amend sections 2923.126 and 3727.18; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3727.18 (3727.182); and to enact new section 3727.18 and sections 109.7411, 2307.221, and 3727.181 of the Revised Code regarding hospital violence prevention and related training, security plans, and incident reporting and to generally grant civil immunity for certain injuries to a person who acts in self-defense or defense of another during the commission, or imminent commission, of an offense of violence to protect the members or guests of a nonprofit corporation under certain circumstances.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 452-Representatives White, Baker, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 452-Representatives White, Baker, et. al., were taken up for consideration.
Sub. H. B. No. 452 - Representatives White, Baker.
Cosponsors:
Representatives Liston, Abdullahi, Blackshear, Brennan, Brewer,
Brown, Dell'Aquila, Denson, Dobos, Forhan, Grim, Jarrells, Loychik,
Miller, A., Mohamed, Oelslager, Patton, Piccolantonio, Rogers, Russo,
Somani, Troy, Whitted, Young, T.
Senators Antonio, Brenner,
Chavez, Cirino, Craig, Cutrona, DeMora, Johnson, O'Brien, Schaffer,
Wilkin.
To amend sections 2923.126 and 3727.18; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3727.18 (3727.182); and to enact new section 3727.18 and sections 109.7411, 2307.221, and 3727.181 of the Revised Code regarding hospital violence prevention and related training, security plans, and incident reporting and to generally grant civil immunity for certain injuries to a person who acts in self-defense or defense of another during the commission, or imminent commission, of an offense of violence to protect the members or guests of a nonprofit corporation under certain circumstances.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 80, nays 10, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Baker Barhorst Bird
Blackshear Brennan Brewer Callender
Carruthers Claggett Click Creech
Cross Daniels Dell'Aquila Demetriou
Dobos Edwards Fischer Fowler
Arthur
Ghanbari Grim Gross Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein LaRe
Lear Lipps Liston Lorenz
Manchester Manning Mathews McClain
McNally Merrin Miller,
A. Miller, J.
Miller,
K. Miller,
M. Oelslager Pavliga
Peterson Piccolantonio Pizzulli Plummer
Ray Richardson Robb
Blasdel Robinson
Roemer Rogers Russo Schmidt
Seitz Somani Stein Stewart
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Williams Willis Stephens-80
Those
who voted in the negative were:
Representatives
Abdullahi Brent Dean Ferguson
Forhan Powell Sims Skindell
Stoltzfus Wiggam-10
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 257 - Representatives Hoops, Claggett
Cosponsors:
Representatives Klopfenstein, Robb Blasdel, Abdullahi, Brennan,
Callender, Dobos, Forhan, Hillyer, Humphrey, Jones, Lightbody,
Liston, Mathews, Miller, A., Miller, J., Mohamed, Seitz, Somani,
Thomas, C., Williams, Willis
Senators Brenner, Cirino, Craig,
Gavarone, Lang, Reynolds, Roegner, Smith
To amend sections 715.693, 924.12, 3307.091, 5505.04, and 5543.06 and to enact sections 121.221, 145.071, 742.071, and 3309.091 of the Revised Code to authorize certain public bodies to meet virtually.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 257-Representatives Hoops, Claggett, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 257-Representatives Hoops, Claggett, et. al., were taken up for consideration.
Sub. H. B. No. 257 - Representatives Hoops, Claggett.
Cosponsors:
Representatives Klopfenstein, Robb Blasdel, Abdullahi, Brennan,
Callender, Dobos, Forhan, Hillyer, Humphrey, Jones, Lightbody,
Liston, Mathews, Miller, A., Miller, J., Mohamed, Seitz, Somani,
Thomas, C., Williams, Willis
Senators Brenner, Cirino, Craig,
Gavarone, Lang, Reynolds, Roegner, Smith.
To amend sections 715.693, 924.12, 3307.091, 5505.04, and 5543.06 and to enact sections 121.221, 145.071, 742.071, and 3309.091 of the Revised Code to authorize certain public bodies to meet virtually.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 86, nays 1, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Creech Cross Daniels Dean
Dell'Aquila Demetriou Dobos Edwards
Fischer Forhan Fowler
Arthur Ghanbari
Grim Gross Hall Hillyer
Holmes Hoops Humphrey Isaacsohn
Jarrells John Jones Kick
King Klopfenstein LaRe Lear
Lipps Liston Lorenz Manchester
Manning Mathews McClain McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Wiggam Williams
Willis Stephens-86
Representative Ferguson voted in the negative-1.
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 331 - Representatives Mathews, Young, T.
Cosponsors:
Representatives Seitz, Dean, Brennan, Carruthers, Daniels,
Dell'Aquila, Dobos, Hillyer, Jones, McClain, Peterson,
Swearingen
Senators Brenner, Cirino, Craig, DeMora, Reineke,
Wilson
To amend sections 7.10, 7.16, 125.182, 703.31, 703.32, 703.33, 2981.04, 2981.05, and 2981.11 and to enact section 703.331 of the Revised Code to modify the law regarding village dissolution, and to modify official public notice requirements.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 331-Representatives Mathews, Young, T., et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 331-Representatives Mathews, Young, T., et. al., were taken up for consideration.
Sub. H. B. No. 331 - Representatives Mathews, Young, T.
Cosponsors:
Representatives Seitz, Dean, Brennan, Carruthers, Daniels,
Dell'Aquila, Dobos, Hillyer, Jones, McClain, Peterson,
Swearingen
Senators Brenner, Cirino, Craig, DeMora, Reineke,
Wilson.
To amend sections 7.10, 7.16, 125.182, 703.31, 703.32, 703.33, 2981.04, 2981.05, and 2981.11 and to enact section 703.331 of the Revised Code to modify the law regarding village dissolution, and to modify official public notice requirements.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 88, nays 1, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Seitz Sims Skindell
Stein Stewart Stoltzfus Swearingen
Sweeney Thomas,
C. Thomas,
J. Troy
Upchurch Weinstein White Whitted
Wiggam Williams Willis Stephens-88
Representative Schmidt voted in the negative-1.
The Senate amendments were concurred in.
Message from the Senate
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 403 - Representative Cutrona
Cosponsors:
Representatives Hillyer, Mathews, Schmidt, Brennan, Carruthers,
Daniels, Dell'Aquila, Dobos, Jones, Miller, K., Mohamed, Robinson,
Santucci
Senators Manning, Cirino, Craig, DeMora, Ingram,
Johnson, Kunze, Reineke, Wilkin
To amend sections 3704.16, 4513.241, 4925.03, and 4925.04 and to enact section 4513.71 of the Revised Code to create new causes of action in relation to commercial motor vehicles towed after an accident, to exempt motor vehicle dealers from the prohibition against selling vehicles that have been tampered with under certain circumstances, to expand an exception to existing window tinting prohibitions, and to require transportation network companies to conduct an annual background check on their authorized drivers.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 403-Representative Cutrona, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 403-Representative Cutrona, et. al., were taken up for consideration.
Sub. H. B. No. 403 - Representative Cutrona.
Cosponsors:
Representatives Hillyer, Mathews, Schmidt, Brennan, Carruthers,
Daniels, Dell'Aquila, Dobos, Jones, Miller, K., Mohamed, Robinson,
Santucci
Senators Manning, Cirino, Craig, DeMora, Ingram,
Johnson, Kunze, Reineke, Wilkin.
To amend sections 3704.16, 4513.241, 4925.03, and 4925.04 and to enact section 4513.71 of the Revised Code to create new causes of action in relation to commercial motor vehicles towed after an accident, to exempt motor vehicle dealers from the prohibition against selling vehicles that have been tampered with under certain circumstances, to expand an exception to existing window tinting prohibitions, and to require transportation network companies to conduct an annual background check on their authorized drivers.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 84, nays 5, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Fischer Forhan Fowler
Arthur
Ghanbari Grim Gross Hall
Hillyer Holmes Hoops Humphrey
Isaacsohn Jarrells John Jones
Kick King Klopfenstein LaRe
Lear Lipps Liston Lorenz
Manchester Manning Mathews McClain
McNally Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Ray
Richardson Robb
Blasdel Robinson Roemer
Rogers Russo Schmidt Seitz
Sims Skindell Stein Stewart
Swearingen Sweeney Thomas,
C. Thomas,
J.
Troy Upchurch Weinstein White
Whitted Williams Willis Stephens-84
Representatives Ferguson, Merrin, Powell, Stoltzfus, and Wiggam voted in the negative-5.
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 496 - Representative Hoops
Cosponsors:
Representatives Troy, Brennan, Mathews, Callender, Claggett, Dean,
Dell'Aquila, Dobos, Fowler Arthur, Hall, Hillyer, Jones, Lorenz,
Miller, A., Mohamed, Pavliga, Ray, Robb Blasdel, Rogers, Schmidt,
Seitz, Somani, Williams
Senators Schaffer, Blessing, Brenner,
Cirino, Craig, DeMora, Reineke, Smith, Wilson
To amend sections 133.18, 306.32, 306.322, 319.05, 319.54, 321.24, 321.26, 323.156, 323.28, 323.74, 505.37, 505.48, 505.481, 511.28, 513.18, 755.181, 1545.21, 3311.50, 3318.01, 3318.061, 3318.45, 3381.03, 4503.06, 4503.066, 4503.068, 4503.0611, 4582.024, 4582.26, 5705.01, 5705.03, 5705.195, 5705.21, 5705.212, 5705.213, 5705.215, 5705.25, 5705.251, 5705.261, 5713.083, 5715.19, 5715.22, 5721.19, 5723.05, 5723.06, 5723.10, 5748.01, 5748.02, 5748.03, and 5748.04 and to enact section 5739.094 of the Revised Code to revise the law governing property and lodging taxes and county auditors.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 496-Representative Hoops, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 496-Representative Hoops, et. al., were taken up for consideration.
Sub. H. B. No. 496 - Representative Hoops.
Cosponsors:
Representatives Troy, Brennan, Mathews, Callender, Claggett, Dean,
Dell'Aquila, Dobos, Fowler Arthur, Hall, Hillyer, Jones, Lorenz,
Miller, A., Mohamed, Pavliga, Ray, Robb Blasdel, Rogers, Schmidt,
Seitz, Somani, Williams
Senators Schaffer, Blessing, Brenner,
Cirino, Craig, DeMora, Reineke, Smith, Wilson.
To amend sections 133.18, 306.32, 306.322, 319.05, 319.54, 321.24, 321.26, 323.156, 323.28, 323.74, 505.37, 505.48, 505.481, 511.28, 513.18, 755.181, 1545.21, 3311.50, 3318.01, 3318.061, 3318.45, 3381.03, 4503.06, 4503.066, 4503.068, 4503.0611, 4582.024, 4582.26, 5705.01, 5705.03, 5705.195, 5705.21, 5705.212, 5705.213, 5705.215, 5705.25, 5705.251, 5705.261, 5713.083, 5715.19, 5715.22, 5721.19, 5723.05, 5723.06, 5723.10, 5748.01, 5748.02, 5748.03, and 5748.04 and to enact section 5739.094 of the Revised Code to revise the law governing property and lodging taxes and county auditors.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 88, nays 0, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brent
Brewer Callender Carruthers Claggett
Click Creech Cross Daniels
Dean Dell'Aquila Demetriou Dobos
Edwards Ferguson Fischer Forhan
Fowler
Arthur Ghanbari Grim Gross
Hall Hillyer Holmes Hoops
Humphrey Isaacsohn Jarrells John
Jones Kick King Klopfenstein
LaRe Lear Lipps Liston
Lorenz Manchester Manning Mathews
McClain McNally Merrin Miller,
A.
Miller,
J. Miller, K. Miller,
M. Oelslager
Pavliga Peterson Piccolantonio Pizzulli
Plummer Powell Ray Richardson
Robb
Blasdel Robinson Roemer Rogers
Russo Schmidt Seitz Sims
Skindell Stein Stewart Stoltzfus
Swearingen Thomas,
C. Thomas,
J. Troy
Upchurch Weinstein White Whitted
Wiggam Williams Willis Stephens-88
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 77 - Representative Willis
Cosponsors:
Representatives Seitz, Brennan, Holmes, Young, T., Miller, A.,
Callender, Claggett, Click, Dell'Aquila, Demetriou, Dobos, Gross,
Hoops, Jarrells, John, Lampton, Liston, Lorenz, Mathews, McClain,
Miller, J., Oelslager, Patton, Peterson, Plummer, Ray, Robb Blasdel,
Russo, Somani, Stein, Thomas, C.
Senators Roegner, Brenner,
Chavez, Cirino, Craig, Cutrona, DeMora, Gavarone, Johnson, Kunze,
Lang, Manning, Reynolds, Romanchuk, Smith, Wilson
To amend sections 1311.71, 1311.72, 1311.73, 1311.75, 1311.76, 1311.77, 4561.01, and 4561.15 and to enact sections 1311.721, 4561.26, 4561.27, 4561.50, 4561.51, 4561.52, and 4561.53 of the Revised Code to establish requirements and prohibitions governing the operation of unmanned aerial vehicles in Ohio and to establish a process by which an abandoned or derelict aircraft may be sold.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 77-Representative Willis, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 77-Representative Willis, et. al., were taken up for consideration.
Sub. H. B. No. 77 - Representative Willis.
Cosponsors:
Representatives Seitz, Brennan, Holmes, Young, T., Miller, A.,
Callender, Claggett, Click, Dell'Aquila, Demetriou, Dobos, Gross,
Hoops, Jarrells, John, Lampton, Liston, Lorenz, Mathews, McClain,
Miller, J., Oelslager, Patton, Peterson, Plummer, Ray, Robb Blasdel,
Russo, Somani, Stein, Thomas, C.
Senators Roegner, Brenner,
Chavez, Cirino, Craig, Cutrona, DeMora, Gavarone, Johnson, Kunze,
Lang, Manning, Reynolds, Romanchuk, Smith, Wilson.
To amend sections 1311.71, 1311.72, 1311.73, 1311.75, 1311.76, 1311.77, 4561.01, and 4561.15 and to enact sections 1311.721, 4561.26, 4561.27, 4561.50, 4561.51, 4561.52, and 4561.53 of the Revised Code to establish requirements and prohibitions governing the operation of unmanned aerial vehicles in Ohio and to establish a process by which an abandoned or derelict aircraft may be sold.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 85, nays 3, as follows:
Those
who voted in the affirmative were:
Representatives
Abdullahi Abrams Baker Barhorst
Bird Blackshear Brennan Brewer
Callender Carruthers Claggett Click
Creech Cross Daniels Dean
Dell'Aquila Demetriou Dobos Edwards
Ferguson Fischer Forhan Fowler
Arthur
Grim Gross Hall Hillyer
Holmes Hoops Humphrey Isaacsohn
Jarrells John Jones Kick
King Klopfenstein LaRe Lear
Lipps Liston Lorenz Manchester
Manning Mathews McClain McNally
Merrin Miller,
A. Miller, J. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Piccolantonio Pizzulli Plummer Powell
Ray Richardson Robb
Blasdel Robinson
Roemer Rogers Russo Schmidt
Seitz Sims Stein Stewart
Stoltzfus Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Williams Willis
Stephens-85
Representatives Brent, Ghanbari, and Skindell voted in the negative-3.
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 74 - Representatives Hall, Lightbody
Cosponsors:
Representatives Johnson, Brennan, Upchurch, Dell'Aquila, Forhan,
Seitz, Creech, John, Abdullahi, Baker, Bird, Brewer, Brown,
Carruthers, Click, Dobos, Galonski, Grim, Gross, Holmes, Hoops,
Isaacsohn, Kick, Merrin, Miller, A., Miller, J., Miranda, Russo,
Schmidt, Somani, White, Williams, Young, T.
Senators Cirino,
Gavarone, Huffman, S., Reynolds, Wilson
To amend sections 3501.05, 3501.38, 3501.381, 3503.09, 3503.11, 3503.14, 3503.19, 3505.062, 3505.11, 3505.24, 3505.331, 3506.01, 3506.04, 3506.05, 3506.06, 3506.07, 3506.10, 3506.20, 3509.03, 3511.02, 3519.01, 3519.07, and 4507.09 and to enact sections 126.41 and 3506.16 of the Revised Code to require state approval of voter registration systems and ballots on demand voting systems for use in Ohio, to limit the circumstances in which a person may fill out an election-related form on behalf of another, to require a post-election audit of every election, to establish a temporary board to make recommendations regarding cybersecurity and fraud prevention efforts across state agencies, to modify the procedures for registering electors through the Bureau of Motor Vehicles, to require the Attorney General to certify the title of a statewide initiative or referendum petition along with its summary, and to modify the requirements for petitions filed by new political parties.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 74-Representatives Hall, Lightbody, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 74-Representatives Hall, Lightbody, et. al., were taken up for consideration.
Sub. H. B. No. 74 - Representatives Hall, Lightbody.
Cosponsors:
Representatives Johnson, Brennan, Upchurch, Dell'Aquila, Forhan,
Seitz, Creech, John, Abdullahi, Baker, Bird, Brewer, Brown,
Carruthers, Click, Dobos, Galonski, Grim, Gross, Holmes, Hoops,
Isaacsohn, Kick, Merrin, Miller, A., Miller, J., Miranda, Russo,
Schmidt, Somani, White, Williams, Young, T.
Senators Cirino,
Gavarone, Huffman, S., Reynolds, Wilson.
To amend sections 3501.05, 3501.38, 3501.381, 3503.09, 3503.11, 3503.14, 3503.19, 3505.062, 3505.11, 3505.24, 3505.331, 3506.01, 3506.04, 3506.05, 3506.06, 3506.07, 3506.10, 3506.20, 3509.03, 3511.02, 3519.01, 3519.07, and 4507.09 and to enact sections 126.41 and 3506.16 of the Revised Code to require state approval of voter registration systems and ballots on demand voting systems for use in Ohio, to limit the circumstances in which a person may fill out an election-related form on behalf of another, to require a post-election audit of every election, to establish a temporary board to make recommendations regarding cybersecurity and fraud prevention efforts across state agencies, to modify the procedures for registering electors through the Bureau of Motor Vehicles, to require the Attorney General to certify the title of a statewide initiative or referendum petition along with its summary, and to modify the requirements for petitions filed by new political parties.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 61, nays 28, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Callender
Carruthers Claggett Click Creech
Cross Daniels Dean Demetriou
Dobos Edwards Ferguson Fischer
Fowler
Arthur Ghanbari Gross Hall
Hillyer Holmes Hoops John
Jones Kick King Klopfenstein
LaRe Lear Lipps Lorenz
Manchester Manning Mathews McClain
Merrin Miller,
K. Miller,
M. Oelslager
Pavliga Peterson Pizzulli Plummer
Powell Ray Richardson Robb
Blasdel
Roemer Schmidt Seitz Stein
Stewart Stoltzfus Swearingen Thomas,
J.
White Wiggam Williams Willis
Stephens-61
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brennan
Brent Brewer Dell'Aquila Forhan
Grim Humphrey Isaacsohn Jarrells
Liston McNally Miller,
A. Miller,
J.
Piccolantonio Robinson Rogers Russo
Sims Skindell Sweeney Thomas,
C.
Troy Upchurch Weinstein Whitted-28
The Senate amendments were concurred in.
Representative Hall moved to amend the title as follows:
Remove the names: "Representatives Abdullahi, Brennan, Forhan, Brown, Somani, Russo, Upchurch, Brewer, Dell'Aquilla, Miller, A., Grim, Isaacsohn, Miller, J., Baker"
The motion was agreed to and the title so amended.
The title as amended was agreed to.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 206 - Representatives Click, Robb Blasdel
Cosponsors:
Representatives Claggett, Williams, Bird, Jones, Brennan, Carruthers,
Daniels, Dell'Aquila, Dobos, Ghanbari, Hall, Holmes, Kick, LaRe,
Lear, Mathews, Merrin, Plummer, Schmidt
Senators Brenner,
Cirino, Reineke, Reynolds
To amend sections 3313.66, 3313.661, 3313.7117, and 3319.324 of the Revised Code and to amend Section 265.270 of H.B. 33 of the 135th General Assembly as subsequently amended with respect to the expulsion of a student from a public school for actions that endanger the health and safety of other students or school employees, regarding automatic closures of community schools and the storage and use of drugs used to treat seizure, and to increase the earmarked funding for school choice program administration.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 206-Representatives Click, Robb Blasdel, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 206-Representatives Click, Robb Blasdel, et. al., were taken up for consideration.
Sub. H. B. No. 206 - Representatives Click, Robb Blasdel.
Cosponsors:
Representatives Claggett, Williams, Bird, Jones, Brennan, Carruthers,
Daniels, Dell'Aquila, Dobos, Ghanbari, Hall, Holmes, Kick, LaRe,
Lear, Mathews, Merrin, Plummer, Schmidt
Senators Brenner,
Cirino, Reineke, Reynolds.
To amend sections 3313.66, 3313.661, 3313.7117, and 3319.324 of the Revised Code and to amend Section 265.270 of H.B. 33 of the 135th General Assembly as subsequently amended with respect to the expulsion of a student from a public school for actions that endanger the health and safety of other students or school employees, regarding automatic closures of community schools and the storage and use of drugs used to treat seizure, and to increase the earmarked funding for school choice program administration.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 62, nays 25, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Brennan
Callender Carruthers Claggett Click
Creech Daniels Dean Dell'Aquila
Demetriou Dobos Edwards Ferguson
Fischer Fowler
Arthur Ghanbari Gross
Hall Hillyer Holmes Hoops
John Jones Kick King
Klopfenstein LaRe Lear Lipps
Lorenz Manchester Manning Mathews
McClain Merrin Miller,
A. Miller, K.
Miller,
M. Oelslager Pavliga Peterson
Pizzulli Plummer Powell Ray
Robb
Blasdel Roemer Schmidt Seitz
Stein Stewart Stoltzfus Swearingen
Thomas,
J. White Wiggam Williams
Willis Stephens-62
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brent
Brewer Forhan Grim Humphrey
Isaacsohn Jarrells Liston McNally
Miller,
J. Piccolantonio Robinson Rogers
Russo Sims Skindell Sweeney
Thomas,
C. Troy Upchurch Weinstein
Whitted-25
The Senate amendments were concurred in.
Mr. Speaker:
I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:
Sub. H. B. No. 8 - Representatives Swearingen, Carruthers
Cosponsors:
Representatives Bird, Fowler Arthur, Click, Jones, Lear, Williams,
Abrams, Barhorst, Creech, Cross, Cutrona, Demetriou, Dobos, Edwards,
Ghanbari, Gross, Hall, Holmes, John, Kick, Lorenz, Mathews, McClain,
Miller, M., Richardson, Robb Blasdel, Schmidt, Stein, Stewart,
Wiggam, Willis, Young, B.
Senators Brenner, Antani, Cirino,
Cutrona, Gavarone, Huffman, S., Johnson, McColley, O'Brien, Reineke,
Reynolds, Roegner, Schaffer
To amend sections 3313.6022, 3314.03, and 3326.11 and to enact sections 3313.473 and 3313.6030 of the Revised Code to enact the Parents' Bill of Rights to require public schools to adopt a policy on parental notification on student health and well-being and instructional materials with sexuality content and regarding school district policies for released time courses in religious instruction.
As a substitute bill, in which the concurrence of the House is requested.
Attest: Vincent L. Keeran,
Clerk.
Representative Oelslager moved that the Senate amendments to Sub. H. B. No. 8-Representatives Swearingen, Carruthers, et. al., be taken up for immediate consideration.
The motion was agreed to without objection.
The Senate amendments to Sub. H. B. No. 8-Representatives Swearingen, Carruthers, et. al., were taken up for consideration.
Sub. H. B. No. 8 - Representatives Swearingen, Carruthers.
Cosponsors:
Representatives Bird, Fowler Arthur, Click, Jones, Lear, Williams,
Abrams, Barhorst, Creech, Cross, Cutrona, Demetriou, Dobos, Edwards,
Ghanbari, Gross, Hall, Holmes, John, Kick, Lorenz, Mathews, McClain,
Miller, M., Richardson, Robb Blasdel, Schmidt, Stein, Stewart,
Wiggam, Willis, Young, B.
Senators Brenner, Antani, Cirino,
Cutrona, Gavarone, Huffman, S., Johnson, McColley, O'Brien, Reineke,
Reynolds, Roegner, Schaffer.
To amend sections 3313.6022, 3314.03, and 3326.11 and to enact sections 3313.473 and 3313.6030 of the Revised Code to enact the Parents' Bill of Rights to require public schools to adopt a policy on parental notification on student health and well-being and instructional materials with sexuality content and regarding school district policies for released time courses in religious instruction.
The question being, “Shall the Senate amendments be concurred in?”
The yeas and nays were taken and resulted – yeas 57, nays 31, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Barhorst Bird Carruthers
Claggett Click Creech Cross
Daniels Dean Demetriou Dobos
Edwards Ferguson Fischer Fowler
Arthur
Ghanbari Gross Hall Hillyer
Holmes Hoops John Jones
Kick King Klopfenstein LaRe
Lear Lipps Lorenz Manchester
Mathews McClain Merrin Miller,
K.
Miller,
M. Oelslager Pavliga Peterson
Pizzulli Plummer Powell Richardson
Robb
Blasdel Roemer Schmidt Seitz
Stein Stewart Stoltzfus Swearingen
Thomas,
J. Wiggam Williams Willis
Stephens-57
Those
who voted in the negative were:
Representatives
Abdullahi Baker Blackshear Brennan
Brent Brewer Callender Dell'Aquila
Forhan Grim Humphrey Isaacsohn
Jarrells Liston Manning McNally
Miller,
A. Miller,
J. Piccolantonio Robinson
Rogers Russo Sims Skindell
Sweeney Thomas,
C. Troy Upchurch
Weinstein White Whitted-31
The Senate amendments were concurred in.
On motion of Representative Oelslager, the House recessed.
The House met pursuant to recess.
Representative Oelslager moved that the House revert to the fourth order of business, being reports of conference committees.
The motion was agreed to.
REPORTS OF CONFERENCE COMMITTEES
Representative Oelslager moved that House Rule 66A, pertaining to conference committee reports carrying an appropriation, be suspended and that the report of the committee of conference on Sub. H. B. No. 315- Representative Hall and Representative Seitz, et al. be taken up for immediate consideration.
The question being, shall the motion be agreed to?
The motion was agreed to.
Representative Seitz submitted the following report:
The committee of conference to which the matters of difference between the two houses were referred on Sub. H.B. No. 315, Representative Hall and Representative Seitz - et al., having had the same under consideration, recommends to the respective houses as follows:
The bill as passed by the Senate with the following amendments:
In line 1 of the title, after "7.16" insert ", 109.57, 109.572, 109.71, 111.16, 121.22"; after "122.6511" insert ", 122.66, 122.70, 122.84"; after "125.182" insert ", 147.01, 147.011, 147.03, 147.032, 147.051, 147.07, 147.08, 147.141, 147.371, 147.51, 147.52, 147.53, 147.542, 147.591, 147.60, 147.99"
In line 2 of the title, after "149.43" insert ", 315.251, 319.203"; after "319.28" insert ", 323.78, 325.14"
In line 10 of the title, after "701.07" insert ", 727.011"
In line 11 of the title, after "971.99" insert ", 1706.712, 1901.31, 2303.12, 2303.26, 2329.01, 2329.44, 2921.42, 3345.56, 3376.01, 3376.02, 3376.03, 3376.04, 3376.06, 3376.07, 3376.08"
In line 12 of the title, delete "4112.01" and insert "4501.21"; after "4504.181" insert ", 4507.50, 4507.51, 4507.52, 4582.30, 4735.181"
In line 13 of the title, after "4913.17" insert ", 4928.01, 4939.07, 5103.0310, 5103.0329, 5103.05, 5120.59, 5139.511"
In line 14 of the title, after "5579.05" insert ", 5709.73, 5713.30, 5713.31, 5713.34, 5721.20, 5725.98, 5726.98, 5729.98, 5739.01, 5739.02, 5739.03, 5741.01, 5747.98, 5751.033"
In line 15 of the title, delete "a"
In line 16 of the title, delete "number" and insert "numbers"
In line 17 of the title, delete "section" and insert "sections"; after "(504.125)" insert "and 3345.56 (3376.11)"; delete "enact" and insert "enact new section 147.54 and"
In line 18 of the title, delete "124.92" and insert "5.61, 109.7411, 147.49, 147.50, 305.021"; after "511.53" insert ", 2151.46, 2151.461, 2151.462, 2151.463, 2151.464, 2151.465, 2151.466, 2151.467, 2151.468, 2151.469, 2151.4610, 3301.95, 3313.6414, 3376.09, 3376.10, 3376.12, 3376.13"
In line 19 of the title, delete "4112.20" and insert "3792.07, 3902.63, 3902.64, 4503.541, 4503.888, 4735.80, 4743.06, 4905.301, 5103.052, 5103.053, 5103.054, 5103.055, 5103.056, 5103.057, 5103.058, 5103.0510, 5103.0512, 5103.0513, 5145.1611, 5180.40, 5725.38, 5726.61, 5729.21, 5741.072, 5747.86"
In line 20 of the title, after "sections" insert "147.13, 147.14, 147.54, 147.541,"; delete "and"; after "511.02" insert ", and 3376.05"
In line 24 of the title, after "law," insert "to name a portion of the act Madeline's Law, to name a portion of the act the Homebuyer Protection Act,"
In line 25, after "7.16" insert ", 109.57, 109.572, 109.71, 111.16, 121.22"; after "122.6511" insert ", 122.66, 122.70, 122.84"; after "125.182" insert ", 147.01, 147.011, 147.03, 147.032, 147.051, 147.07, 147.08, 147.141, 147.371, 147.51, 147.52, 147.53, 147.542, 147.591, 147.60, 147.99"
In line 26, after "149.43" insert ", 315.251, 319.203"; after "319.28" insert ", 323.78, 325.14"
In line 33, after "701.07" insert ", 727.011"; after "971.99" insert ", 1706.712, 1901.31, 2303.12, 2303.26, 2329.01, 2329.44, 2921.42, 3345.56, 3376.01, 3376.02, 3376.03, 3376.04, 3376.06, 3376.07, 3376.08"; delete "4112.01" and insert "4501.21"
In line 34, after "4504.181" insert ", 4507.50, 4507.51, 4507.52, 4582.30, 4735.181"; after "4913.17" insert ", 4928.01, 4939.07, 5103.0310, 5103.0329, 5103.05, 5120.59, 5139.511"
In line 35, after "5579.05" insert ", 5709.73, 5713.30, 5713.31, 5713.34, 5721.20, 5725.98, 5726.98, 5729.98, 5739.01, 5739.02, 5739.03, 5741.01, 5747.98, 5751.033"
In line 36, delete "section" and insert "sections"; after "(504.125)" insert "and 3345.56 (3376.11)"
In line 37, delete "a"; delete "number" and insert "numbers"
In line 38, after "parentheses;" insert "and new section 147.54"; delete "124.92" and insert "5.61, 109.7411, 147.49, 147.50, 305.021";
In line 39, after "511.53" insert ", 2151.46, 2151.461, 2151.462, 2151.463, 2151.464, 2151.465, 2151.466, 2151.467, 2151.468, 2151.469, 2151.4610, 3301.95, 3313.6414, 3376.09, 3376.10, 3376.12, 3376.13"; delete "4112.20" and insert "3792.07, 3902.63, 3902.64, 4503.541, 4503.888, 4735.80, 4743.06, 4905.301, 5103.052, 5103.053, 5103.054, 5103.055, 5103.056, 5103.057, 5103.058, 5103.0510, 5103.0512, 5103.0513, 5145.1611, 5180.40, 5725.38, 5726.61, 5729.21, 5741.072, 5747.86"
After line 40, insert:
"Sec. 5.61. The twenty-fourth day of August is designated as "Ukraine Independence Day" in Ohio, in recognition of that day in 1991 when the parliament of Ukraine, the Verkhovna Rada, formally declared an independent, sovereign, and democratic Ukrainian state."
After line 141, insert:
"Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence who is not in any other category of child specified in this division, if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:
(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(6) The superintendent shall, upon request, assist a county coroner in the identification of a deceased person through the use of fingerprint impressions obtained pursuant to division (A)(1) of this section or collected pursuant to section 109.572 or 311.41 of the Revised Code.
(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.
(C)(1) The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to be known as the Ohio law enforcement gateway to gather and disseminate information, data, and statistics for the use of law enforcement agencies and for other uses specified in this division. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section.
(3) In addition to any other authorized use of information, data, and statistics of the nature described in division (C)(1) of this section, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(4) The Ohio law enforcement gateway shall contain the name, confidential address, and telephone number of program participants in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code.
(5) The attorney general may adopt rules under Chapter 119. of the Revised Code establishing guidelines for the operation of and participation in the Ohio law enforcement gateway. The rules may include criteria for granting and restricting access to information gathered and disseminated through the Ohio law enforcement gateway. The attorney general shall adopt rules under Chapter 119. of the Revised Code that grant access to information in the gateway regarding an address confidentiality program participant under sections 111.41 to 111.47 of the Revised Code to only chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals. The attorney general shall permit an office of a county coroner, the state medical board, and board of nursing to access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway.
The attorney general may appoint a steering committee to advise the attorney general in the operation of the Ohio law enforcement gateway that is comprised of persons who are representatives of the criminal justice agencies in this state that use the Ohio law enforcement gateway and is chaired by the superintendent or the superintendent's designee.
(D)(1) The following are not public records under section 149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or disseminated through the Ohio law enforcement gateway pursuant to division (C)(1) of this section;
(c) Information and materials furnished to any board or person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division (E)(3) or (4) of this section, a rule adopted under division (E)(1) of this section may provide only for the release of information gathered pursuant to division (A) of this section that relates to the conviction of a person, or a person's plea of guilty to, a criminal offense or to the arrest of a person as provided in division (E)(3) of this section. The superintendent shall not release, and the attorney general shall not adopt any rule under division (E)(1) of this section that permits the release of, any information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child, or that relates to a criminal conviction of a person under eighteen years of age if the person's case was transferred back to a juvenile court under division (B)(2) or (3) of section 2152.121 of the Revised Code and the juvenile court imposed a disposition or serious youthful offender disposition upon the person under either division, unless either of the following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually oriented offense, the juvenile court was required to classify the child a juvenile offender registrant for that offense under section 2152.82, 2152.83, or 2152.86 of the Revised Code, that classification has not been removed, and the records of the adjudication or conviction have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 or sealed or expunged pursuant to section 2953.32 of the Revised Code.
(3) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to the arrest of a person who is eighteen years of age or older when the person has not been convicted as a result of that arrest if any of the following applies:
(a) The arrest was made outside of this state.
(b) A criminal action resulting from the arrest is pending, and the superintendent confirms that the criminal action has not been resolved at the time the criminal records check is performed.
(c) The bureau cannot reasonably determine whether a criminal action resulting from the arrest is pending, and not more than one year has elapsed since the date of the arrest.
(4) A rule adopted under division (E)(1) of this section may provide for the release of information gathered pursuant to division (A) of this section that relates to an adjudication of a child as a delinquent child if not more than five years have elapsed since the date of the adjudication, the adjudication was for an act that would have been a felony if committed by an adult, the records of the adjudication have not been sealed or expunged pursuant to sections 2151.355 to 2151.358 of the Revised Code, and the request for information is made under division (F) of this section or under section 109.572 of the Revised Code. In the case of an adjudication for a violation of the terms of community control or supervised release, the five-year period shall be calculated from the date of the adjudication to which the community control or supervised release pertains.
(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, division (C) of section 3310.58, or section 3319.39, 3319.391, 3327.10, 3740.11, 5103.053, 5104.013, 5123.081, or 5153.111 of the Revised Code or that is made under section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the board of education of any school district; the director of developmental disabilities; any county board of developmental disabilities; any provider or subcontractor as defined in section 5123.081 of the Revised Code; the chief administrator of any chartered nonpublic school; the chief administrator of a registered private provider that is not also a chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child care center, type A family child care home, or type B family child care home licensed under Chapter 5104. of the Revised Code; the chief administrator of or person operating any authorized private before and after school care program; the chief administrator of any head start agency; the executive director of a public children services agency; the operator of a residential facility, as defined in section 2151.46 of the Revised Code; a private company described in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code; or an employer described in division (J)(2) of section 3327.10 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, subject to division (E)(2) of this section, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, subject to division (E)(2) of this section, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, subject to division (E)(2) of this section, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(b) When a board of education or a registered private provider is required to receive information under this section as a prerequisite to employment of an individual pursuant to division (C) of section 3310.58 or section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district or provider only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in the case of a request under section 3319.39, 3319.391, or 3327.10 of the Revised Code only for criminal records maintained by the federal bureau of investigation, the superintendent shall not determine whether any information gathered under division (A) of this section exists on the person for whom the request is made.
(3) The state board of education or the department of education and workforce may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education and workforce, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education and shall comply with divisions (F)(2)(a) and (c) of this section.
(G) In addition to or in conjunction with any request that is required to be made under section 3712.09, 3721.121, or 3740.11 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult or adult resident, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, or adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult or adult resident, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsman services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsman, the director of aging, a regional long-term care ombudsman program, or the designee of the ombudsman, director, or program may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsman services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.38 of the Revised Code with respect to an individual who has applied for employment in a direct-care position, the chief administrator of a provider, as defined in section 173.39 of the Revised Code, may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that is not a direct-care position, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 3712.09 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to a pediatric respite care patient, the chief administrator of a pediatric respite care program may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care to a pediatric respite care patient, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, subject to division (E)(2) of this section, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric care patient" have the same meanings as in section 3712.01 of the Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(3) "Registered private provider" means a nonpublic school or entity registered with the department of education and workforce under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;
(c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31 of the Revised Code.
(2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;
(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section;
(e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.
(4)
On receipt of a request pursuant to section 2151.86
or , 2151.904,
or 5103.053 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code, or a violation of Chapter 2919. of the Revised Code that is a felony;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section.
(6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States.
(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.
(10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.
(11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that makes the person ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense, as applicable.
(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.
(13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code.
(14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code.
(15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state.
(16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.
(17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States.
(18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense.
(19) On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section and shall request information from the federal bureau of investigation to determine whether any information exists indicating that the person who is the subject of the request has been convicted of any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code.
(B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86, 5103.053, or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A) of this section. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.
(5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section:
(a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty;
(b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.
(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.
(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher.
(F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.
(2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.
(4) "Registered private provider" means a nonpublic school or entity registered with the department of education and workforce under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.
Sec. 109.71. There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of ten members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; one member who represents a fraternal organization representing law enforcement officers; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education and workforce, trade and industrial education services, law enforcement training.
This section does not confer any arrest authority or any ability or authority to detain a person, write or issue any citation, or provide any disposition alternative, as granted under Chapter 2935. of the Revised Code.
Pursuant to division (A)(9) of section 101.82 of the Revised Code, the commission is exempt from the requirements of sections 101.82 to 101.87 of the Revised Code.
As used in sections 109.71 to 109.801 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations;
(2) A police officer who is employed by a railroad company and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code;
(6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013, a natural resources officer appointed pursuant to section 1501.24, a forest-fire investigator appointed pursuant to section 1503.09, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code;
(7) An employee of a park district who is designated pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code;
(10) Veterans' homes police officers designated under section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(13) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(16) Investigators appointed by the auditor of state pursuant to section 117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code;
(17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended;
(20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code;
(21) A police officer who is employed by a bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, who has been appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of a state, county, municipal, or department of natural resources peace officer basic training program;
(22) An investigator, as defined in section 109.541 of the Revised Code, of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under that section;
(23) A state fire marshal law enforcement officer appointed under section 3737.22 of the Revised Code or a person serving as a state fire marshal law enforcement officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program;
(24) A gaming agent employed under section 3772.03 of the Revised Code;
(25) An employee of the state board of pharmacy designated by the executive director of the board pursuant to section 4729.04 of the Revised Code to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder.
(B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code.
(E) "Tactical medical professional" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, nurse, or physician who is trained and certified in a nationally recognized tactical medical training program that is equivalent to "tactical combat casualty care" (TCCC) and "tactical emergency medical support" (TEMS) and who functions in the tactical or austere environment while attached to a law enforcement agency of either this state or a political subdivision of this state.
(F) "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code and "EMT" and "AEMT" have the same meanings as in section 4765.011 of the Revised Code.
(G) "Nurse" means any of the following:
(1) Any person who is licensed to practice nursing as a registered nurse by the board of nursing;
(2) Any certified nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the board of nursing under Chapter 4723. of the Revised Code;
(3) Any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code.
(H) "Physician" means a person who is licensed pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(I) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
(J)(1) "Fire investigator" means an employee of a fire department charged with investigating fires and explosions who has been authorized, in accordance with sections 737.27 and 3737.24 of the Revised Code, to perform the duties of investigating the origin and cause of fires and explosions using the scientific method to investigate elements of the event including the circumstances, actions, persons, means, and motives that resulted in the fire or explosion or the report of a fire or explosion within this state.
(2) "Fire investigator" does not include a person who is acting as a fire investigator on behalf of an insurance company or any other privately owned or operated enterprise.
(K) "Fire department" means a fire department of the state or an instrumentality of the state or of a municipal corporation, township, joint fire district, or other political subdivision.
(L) "At-risk youth" means an individual who is all of the following:
(1) Under twenty-one years of age;
(2) One of the following:
(a) At risk of becoming an abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender;
(b) An abused, neglected, or dependent child, delinquent or unruly child, or juvenile traffic offender.
(3) Residing in a state correctional institution, a department of youth services institution, or a residential facility.
(M) "Residential facility" has the same meaning as in section 2151.46 of the Revised Code.
Sec. 109.7411. (A) The attorney general, in consultation with the Ohio peace officer training commission and department of children and youth, shall adopt, in accordance with Chapter 119. or section 109.74 of the Revised Code, rules governing the training of peace officers in identifying and interacting with at-risk youth.
(B) The Ohio peace officer training academy shall provide the training described in division (A) of this section to peace officers.
Sec. 111.16. Except as provided in section 1701.041 of the Revised Code, the secretary of state shall charge and collect, for the benefit of the state, the following fees:
(A) For filing and recording articles of incorporation of a domestic corporation, including designation of agent:
(1) Wherein the corporation shall not be authorized to issue any shares of capital stock, ninety-nine dollars;
(2) Wherein the corporation shall be authorized to issue shares of capital stock, with or without par value:
(a) Ten cents for each share authorized up to and including one thousand shares;
(b) Five cents for each share authorized in excess of one thousand shares up to and including ten thousand shares;
(c) Two cents for each share authorized in excess of ten thousand shares up to and including fifty thousand shares;
(d) One cent for each share authorized in excess of fifty thousand shares up to and including one hundred thousand shares;
(e) One-half cent for each share authorized in excess of one hundred thousand shares up to and including five hundred thousand shares;
(f) One-quarter cent for each share authorized in excess of five hundred thousand shares; provided no fee shall be less than ninety-nine dollars or greater than one hundred thousand dollars.
(B) For filing and recording a certificate of amendment to or amended articles of incorporation of a domestic corporation, or for filing and recording a certificate of reorganization, a certificate of dissolution, or an amendment to a foreign license application:
(1) If the domestic corporation is not authorized to issue any shares of capital stock, fifty dollars;
(2) If the domestic corporation is authorized to issue shares of capital stock, fifty dollars, and in case of any increase in the number of shares authorized to be issued, a further sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued by the corporation; provided no fee under division (B)(2) of this section shall be greater than one hundred thousand dollars;
(3) If the foreign corporation is not authorized to issue any shares of capital stock, fifty dollars;
(4) If the foreign corporation is authorized to issue shares of capital stock, fifty dollars.
(C) For filing and recording articles of incorporation of a savings and loan association, ninety-nine dollars; and for filing and recording a certificate of amendment to or amended articles of incorporation of a savings and loan association, fifty dollars;
(D) For filing and recording a certificate of conversion, including a designation of agent, a certificate of merger, or a certificate of consolidation, ninety-nine dollars and, in the case of any new corporation resulting from a consolidation or any surviving corporation that has an increased number of shares authorized to be issued resulting from a merger, an additional sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued or represented in this state by each of the corporations for which a consolidation or merger is effected by the certificate;
(E) For filing and recording articles of incorporation of a credit union or the American credit union guaranty association, ninety-nine dollars, and for filing and recording a certificate of increase in capital stock or any other amendment of the articles of incorporation of a credit union or the association, fifty dollars;
(F) For filing and recording articles of organization of a limited liability company, for filing and recording an application to become a registered foreign limited liability company, for filing and recording a registration application to become a domestic limited liability partnership, or for filing and recording an application to become a registered foreign limited liability partnership, ninety-nine dollars;
(G) For filing and recording a certificate of limited partnership or an application for registration as a foreign limited partnership, or for filing an initial statement of partnership authority pursuant to section 1776.33 of the Revised Code, ninety-nine dollars;
(H) For filing a copy of papers evidencing the incorporation of a municipal corporation or of annexation of territory by a municipal corporation, five dollars, to be paid by the municipal corporation, the petitioners therefor, or their agent;
(I) For filing and recording any of the following:
(1) A license to transact business in this state by a foreign corporation for profit pursuant to section 1703.04 of the Revised Code or a foreign nonprofit corporation pursuant to section 1703.27 of the Revised Code, ninety-nine dollars;
(2) A biennial report or biennial statement pursuant to section 1775.63, 1776.83, or 1785.06 of the Revised Code, twenty-five dollars;
(3) Except as otherwise provided in this section or any other section of the Revised Code, any other certificate or paper that is required to be filed and recorded or is permitted to be filed and recorded by any provision of the Revised Code with the secretary of state, twenty-five dollars.
(J) For filing any certificate or paper not required to be recorded, five dollars;
(K)(1) For making copies of any certificate or other paper filed in the office of the secretary of state, a fee not to exceed one dollar per page, except as otherwise provided in the Revised Code, and for creating and affixing the seal of the office of the secretary of state to any good standing or other certificate, five dollars. For copies of certificates or papers required by state officers for official purpose, no charge shall be made.
(2) For creating and affixing the seal of the office of the secretary of state to the certificates described in division (E) of section 1701.81, division (E) of section 1701.811, division (E) of section 1705.38, division (E) of section 1705.381, division (D) of section 1702.43, division (E) of section 1775.47, division (E) of section 1775.55, division (E) of section 1776.70, division (E) of section 1776.74, division (E) of section 1782.433, or division (E) of section 1782.4310 of the Revised Code, twenty-five dollars.
(L) For a minister's license to solemnize marriages, ten dollars;
(M) For examining documents to be filed at a later date for the purpose of advising as to the acceptability of the proposed filing, fifty dollars;
(N) Fifty dollars for filing and recording any of the following:
(1) A certificate of dissolution and accompanying documents, or a certificate of cancellation, under section 1701.86, 1702.47, 1705.43, 1706.471, 1776.65, or 1782.10 of the Revised Code;
(2) A notice of dissolution of a foreign licensed corporation or a certificate of surrender of license by a foreign licensed corporation under section 1703.17 of the Revised Code;
(3) The withdrawal of registration of a foreign or domestic limited liability partnership under section 1775.61, 1775.64, 1776.81, or 1776.86 of the Revised Code, or the certificate of cancellation of registration of a foreign limited liability company under section 1705.57 or 1706.514 of the Revised Code;
(4)
The filing of a statement of denial under section 1706.20
or 1776.34 of the Revised Code, a statement of
dissociation under section 1776.57 of the Revised Code, a statement
of disclaimer of general partner status under Chapter 1782. of the
Revised Code, or a
cancellation of disclaimer of general partner status under Chapter
1782. of the Revised Code, a statement of
authority under section 1706.19 of the Revised Code, or an amendment
or cancellation of a statement of authority under section 1706.19 of
the Revised Code.
(O) For filing a statement of continued existence by a nonprofit corporation, twenty-five dollars;
(P)
For filing a restatement under section 1705.08, 1706.161, or 1782.09
of the Revised Code, an amendment to a certificate of cancellation
under section 1782.10 of the Revised Code, an amendment under section
1705.08, 1706.161, or 1782.09 of the Revised Code, or a correction
under section 1705.55, 1706.173, 1706.511,
1706.513, 1775.61, 1775.64, 1776.12, or 1782.52 of
the Revised Code, fifty dollars;
(Q) For filing for reinstatement of an entity cancelled by operation of law, by the secretary of state, by order of the department of taxation, or by order of a court, twenty-five dollars;
(R) For filing and recording any of the following:
(1) A change of agent, resignation of agent, or change of agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, twenty-five dollars;
(2) A multiple change of agent name or address, standardization of agent address, or resignation of agent under section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 1706.09, 1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one hundred twenty-five dollars, plus three dollars per entity record being changed, by the multiple agent update.
(S) For filing and recording any of the following:
(1) An application for the exclusive right to use a name or an application to reserve a name for future use under section 1701.05, 1702.05, 1703.31, 1705.05, 1706.07, or 1746.06 of the Revised Code, thirty-nine dollars;
(2) A trade name or fictitious name registration or report, thirty-nine dollars;
(3) An application to renew any item covered by division (S)(1) or (2) of this section that is permitted to be renewed, twenty-five dollars;
(4) An assignment of rights for use of a name covered by division (S)(1), (2), or (3) of this section, the cancellation of a name registration or name reservation that is so covered, or notice of a change of address of the registrant of a name that is so covered, twenty-five dollars.
(T) For filing and recording a report to operate a business trust or a real estate investment trust, either foreign or domestic, ninety-nine dollars; and for filing and recording an amendment to a report or associated trust instrument, or a surrender of authority, to operate a business trust or real estate investment trust, fifty dollars;
(U)(1) For filing and recording the registration of a trademark, service mark, or mark of ownership, one hundred twenty-five dollars;
(2) For filing and recording the change of address of a registrant, the assignment of rights to a registration, a renewal of a registration, or the cancellation of a registration associated with a trademark, service mark, or mark of ownership, twenty-five dollars.
(V) For filing a service of process with the secretary of state, five dollars per address to be served, except as otherwise provided in any section of the Revised Code.
Fees specified in this section may be paid by cash, check, or money order, by credit card in accordance with section 113.40 of the Revised Code, or by an alternative payment program in accordance with division (B) of section 111.18 of the Revised Code. Any credit card number or the expiration date of any credit card is not subject to disclosure under Chapter 149. of the Revised Code.
Sec. 121.22. (A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational institution;
(b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness, an intellectual disability, disease, disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section 149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(1) A grand jury;
(2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit;
(3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon and the department of rehabilitation and correction when its hearings are conducted at a correctional institution for the sole purpose of making determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies;
(4) The organized crime investigations commission established under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established under section 307.621 of the Revised Code, meetings related to a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to suspend a license or certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to do either of the following:
(a) Suspend a license, certification, or registration without a prior hearing, including during meetings conducted by telephone conference, pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder; or
(b) Restrict a person from obtaining further information from the drug database established in section 4729.75 of the Revised Code without a prior hearing pursuant to division (C) of section 4729.86 of the Revised Code.
(9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code;
(10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation formed under section 187.01 of the Revised Code or any committee thereof, and the board of directors of any subsidiary of that corporation or a committee thereof;
(12) An audit conference conducted by the audit staff of the department of job and family services with officials of the public office that is the subject of that audit under section 5101.37 of the Revised Code;
(13) The occupational therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (E) of section 4755.11 of the Revised Code;
(14) The physical therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (F) of section 4755.47 of the Revised Code;
(15) The athletic trainers section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (E) of section 4755.64 of the Revised Code;
(16) Meetings of the pregnancy-associated mortality review board established under section 3738.01 of the Revised Code;
(17) Meetings of a fetal-infant mortality review board established under section 3707.71 of the Revised Code;
(18) Meetings of a drug overdose fatality review committee described in section 307.631 of the Revised Code;
(19) Meetings of a suicide fatality review committee described in section 307.641 of the Revised Code;
(20) Meetings of the officers, members, or directors of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code, at which the public business of the corporation pertaining to a purpose for which the district is created is not discussed;
(21) Meetings of a domestic violence fatality review board established under section 307.651 of the Revised Code;
(22) Any nonprofit agency that has received an endorsement under section 122.69 of the Revised Code.
(E) The controlling board, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board or authority members present, may close the meeting during consideration of the following information confidentially received by the authority or board from the applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection.
The vote by the authority or board to accept or reject the application, as well as all proceedings of the authority or board not subject to this division, shall be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit-for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law or regulations or state statutes;
(6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office;
(7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code;
(8) To consider confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations with other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply:
(a) The information is directly related to a request for economic development assistance that is to be provided or administered under any provision of Chapter 715., 725., 1724., or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project.
(b) A unanimous quorum of the public body determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project.
If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (8) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division.
(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court.
(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant's request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance."
After line 238, insert:
"Sec. 122.66. As used in sections 122.66 to 122.702 of the Revised Code:
(A) "Poverty line" means the official poverty line established by the director of the United States office of management and budget and as revised by the secretary of health and human services in accordance with section 673(2) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902.
(B) "Low-income person" means a person whose adjusted gross income as defined in division (A) of section 5747.01 of the Revised Code is below the poverty line as defined in division (A) of this section.
(C) "Advocacy" means the act of pleading for, supporting, or recommending actions on behalf of low-income persons.
(D) "Community action agency" means a community-based and operated private nonprofit agency or organization incorporated under Chapter 1702. of the Revised Code that includes or is designed to include a sufficient number of projects or components to provide a range of services and activities having a measurable and potentially major impact on the causes of poverty in the community or those areas of the community where poverty is a particularly acute problem and is designated as a community action agency by the community services division pursuant to sections 122.68 and 122.69 of the Revised Code. A "community action agency" is not a state agency or public office.
(E) "Community" means a city, village, county, multicity or multicounty unit, a neighborhood or other area, disregarding boundaries or political subdivisions, which provides a suitable organizational base and possesses a commonality of needs and interests for a community action program suitable to be served by a community action agency.
(F) "Service area" means the geographical area served by a community action agency.
Sec. 122.70. The board of directors of a community action agency shall:
(A) Select, appoint, and may remove the executive director of the community action agency;
(B) Approve contracts, annual program budgets, and policies of the community action agency;
(C) Advise the elected officials of any political subdivision located within its service area, and state and federal elected officials who represent its service area, of the nature and extent of poverty within its community, and advise them of any needed changes;
(D) Convene public meetings to provide community members the opportunity to comment on public policies and programs to reduce poverty;
(E)
Annually evaluate the policies and programs of the community action
agency according to criteria determined by department
of development services
agency rule;
(F) Submit the results of the evaluation required by division (E) of this section, along with recommendations for improved administration of the community action agency, to the community services division;
(G) Adopt a code of ethics for the board of directors and the employees of the community action agency;
(H) Adopt written policies describing all of the following:
(1) How the community action agency is to expend and distribute the community services block grant funds that it receives from the division under sections 122.68 and 122.69 of the Revised Code;
(2) The salary, benefits, travel expenses, and any other compensation that persons are to receive for serving on the community action agency's board of directors;
(3) The operating procedures to be used by the board to conduct its meetings, to vote on all official business it considers, and to provide notice of its meetings.
The written operating procedures described in this division shall specify the methods by which the board may conduct meetings using virtual electronic technology, and shall specify that the board may provide notice of its meetings by any means deemed appropriate to the board.
(I) Provide for the posting of notices in a conspicuous place indicating that the code of ethics described in division (G) of this section and the policies described in division (H) of this section are available for public inspection at the community action agency during normal business hours.
Sec. 122.84. (A) As used in this section:
(1) "Ohio qualified opportunity fund" means a qualified opportunity fund that holds one hundred per cent of its invested assets in qualified opportunity zone property situated in an Ohio opportunity zone.
In the case of qualified opportunity zone property that is qualified opportunity zone stock or qualified opportunity zone partnership interest, the stock or interest is situated in an Ohio opportunity zone only if, during all of the qualified opportunity fund's holding period for such stock or interest, all of the use of the corporation's or partnership's tangible property was in an Ohio opportunity zone. In the case of qualified opportunity zone property that is qualified opportunity zone business property, the property is situated in an Ohio opportunity zone only if, during all of the fund's holding period for such property, all of the use of the property was in an Ohio opportunity zone.
All terms used in division (A) of this section have the same meaning as in 26 U.S.C. 1400Z-2, except that "all" shall be substituted for "substantially all" wherever "substantially all" appears in the definition of those terms or in the definition of terms used in those terms.
(2) "Ohio opportunity zone" means a qualified opportunity zone designated in this state under 26 U.S.C. 1400Z-1 before, on, or after the effective date of the enactment of this section by H.B. 166 of the 133rd general assembly.
(3)
"Taxpayer" and "taxable
year" have the same meanings as in section 5747.01 of the
Revised Code.
(4) "Qualifying taxable year" means one of the following, as applicable:
(a) For a taxpayer, the taxpayer's taxable year that includes the first day of a calendar year during which the Ohio qualified opportunity fund in which the credit eligible investment was made invests in a project located in an Ohio opportunity zone;
(b) For a person that is not a taxpayer but is subject to federal income taxation, the person's federal taxable year that includes the first day of a calendar year during which an Ohio qualified opportunity fund in which the credit eligible investment was made invests in a project located in an Ohio opportunity zone;
(c) For any other person, the calendar year during which an Ohio qualified opportunity fund in which the credit eligible investment was made invests in a project located in an Ohio opportunity zone.
(5)
"Business day" means a day of the week excluding Saturday,
Sunday, and a legal holiday as defined under section 1.14 of the
Revised Code.
(6)(4)
"Investment period" means the six-month period from the
first day of January to the thirtieth day of June, or from the first
day of July to the thirty-first day of December.
(B) A person that invests in one or more Ohio qualified opportunity funds may apply to the director of development for a nonrefundable credit against the tax levied under section 5725.18, 5726.02, 5729.03, or 5747.02 of the Revised Code. The application shall be made on forms prescribed by the director. The director shall accept and review applications submitted under this section during two annual periods, the first of which begins on the tenth day of January and ends after the first day of February, and the second of which begins on the tenth day of July and ends after the first day of August. If any of those dates fall on a day that is not a business day, then the application period begins on or ends after the next business day, as applicable. The credit shall equal ten per cent of the amount of the person's investment in the fund that the fund invested during the immediately preceding investment period in projects located in Ohio opportunity zones.
The person shall include the following information with the person's application:
(1)
The amount of the person's investment in Ohio qualified opportunity
funds during the person's qualifying
taxable year, arranged according to the amount
invested in each such fund if the person invested in more than one
such fund;
(2) A statement from an employee or officer of each Ohio qualified opportunity fund identified by the person under division (B)(1) of this section certifying the amount of the person's investment in the fund and the amount of that investment the fund invested in projects located in Ohio opportunity zones during the immediately preceding investment period. The statement shall describe each project funded by the investment and state each project's location and the portion of the person's investment invested in each such project. Unless the fund demonstrates otherwise to the director's satisfaction, the amount of a person's investment that the fund invested in a project located in an Ohio opportunity zone equals the same proportion of the amount of the fund's investment in the project as the person's investment in the fund bears to the total investment by all investors in that fund on the date the fund makes the investment in the project.
The director shall review and process applications in the order in which applications are received.
(C)(1) Subject to division (C)(2) of this section, if the director determines that the applicant qualifies for a credit under this section, the director shall issue, within sixty days after the last day on which an application may be submitted for that application period, a tax credit certificate to the person identified with a unique number and listing the amount of credit the director determines is eligible to be claimed or transferred.
(2) The total amount of tax credits issued by the director shall not exceed:
(a) Seventy-five million dollars for the fiscal biennium beginning July 1, 2021, and ending June 30, 2023;
(b) Fifty million dollars for fiscal year 2024;
(c) Twenty-five million dollars for each fiscal year thereafter.
The director shall not issue certificates to a single applicant in any fiscal biennium in an amount that exceeds two million dollars.
The director may not issue a certificate under this section on the basis of any investment for which a small business investment certificate has been issued under section 122.86 of the Revised Code.
(3)
The credit may be claimed by a taxpayer
for the taxpayer's qualifying taxable year or the next ensuing
taxable year. The taxpayer shall claim the credit in the order
prescribed by section 5747.98 of the Revised Code. Any unused amount
may be carried forward for the following five taxable years. If the
certificate is issued to a pass-through entity for an investment by
the entity, any taxpayer that is a direct or indirect investor in the
pass-through entity on the last day of the entity's qualifying
taxable year may claim the taxpayer's proportionate or distributive
share of the credit against the taxpayer's aggregate amount of tax
levied under that section.person
under section 5725.38, 5726.61, 5729.21, or 5747.86 of the Revised
Code, as applicable. A person that is not a
taxpayer subject to taxation
under section 5725.18, 5726.02, 5729.03, or 5747.02 of the Revised
Code shall not claim the credit but if the person is the
applicant to which the certificate was initially issued, the person
may transfer the right to claim the credit under division (E)(D)
of this section.
(D) A taxpayer claiming a credit under this section shall submit a copy of the certificate with the taxpayer's return or report.
(E)
A person that holds a wholly or partially unclaimed certificate
issued under this section may transfer the right to claim all or part
of the remaining credit to any other person. To effectuate the
transfer, the transferor must notify the tax commissioner, in
writing, that the transferor is transferring the right to claim all
or part of the remaining credit stated on the certificate. The
transferor shall identify in that notification the certificate's
number, the name and the tax identification number of the transferee,
the amount of remaining credit transferred to the transferee, and, if
applicable, the amount of remaining credit retained by the
transferor. The transferee may claim the amount of credit received
under this division pursuant to and in the manner required under
divisions (C)(3) and (D) of this section. Transferring a credit under
this division does not extend the taxable yearsyear
or calendar year in for
which the credit may be claimed or number of years for
which the unclaimed credit amount may be carried forward under
division (C)(3) of this section
5725.38, 5726.61, 5729.21, or 5747.86 of the Revised Code, as
applicable.
Any person to which a credit has been transferred under this division may transfer the right to claim all or part of the transferred credit amount to any other person, in the same manner prescribed by this division for the initial transfer, including that any such transfer be reported by the transferor to the tax commissioner as described in this division.
(F) On or before the first day of August each year, the director of development shall submit a report to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives on the tax credit program authorized under this section. The report shall include the following information:
(1) The number of projects funded by investments for which a tax credit application was submitted under this section during the preceding year, the Ohio opportunity zone in which each such project is located, the number of projects funded by investments for which certificates were allocated during the preceding year, a description of each such project, and the composition of an Ohio qualified opportunity fund's investments in each project funded by investments for which a tax credit application was submitted under this section;
(2) The number of persons that invested in an Ohio qualified opportunity fund and applied for a tax credit based on the fund's investment in a project during the preceding year, the name of the fund in which each such investment was made, the number of persons allocated a credit for such investments under this section, and the dollar amount of those credits;
(3) A map that shows the location of each Ohio opportunity zone and that indicates which zones include existing or pending projects that are, or will be, funded by tax credit-eligible investments."
Delete lines 239 through 243
After line 317, insert:
"Sec. 147.01. (A) The secretary of state may appoint and commission as notaries public as many persons who meet the qualifications of division (B) of this section as the secretary of state considers necessary.
(B) In order for a person to qualify to be appointed and commissioned as a notary public, except as provided in division (F) of this section, the person shall demonstrate to the secretary of state that the person satisfies all of the following:
(1) The person has attained the age of eighteen years.
(2)(a) Except as provided in division (B)(2)(b) of this section, the person is a legal resident of this state.
(b) The person is not a legal resident of this state, but is an attorney admitted to the practice of law in this state by the Ohio supreme court, and has the person's principal place of business or the person's primary practice in this state.
(3)(a) Except as provided in division (B)(3)(b) of this section, the person has submitted a criminal records check report completed within the preceding six months in accordance with section 147.022 of the Revised Code demonstrating that the applicant has not been convicted of or pleaded guilty or no contest to a disqualifying offense as determined in accordance with section 9.79 of the Revised Code.
(b) A person that is an attorney admitted to the practice of law in this state or a peace officer shall not be required to submit a criminal records check when applying to be appointed a notary public.
(4)(a) Except as provided in divisions (B)(4)(b) and (c) of this section, the person has successfully completed an educational program and passed a test administered by the entities authorized by the secretary of state as required under section 147.021 of the Revised Code.
(b) An attorney who is commissioned as a notary public in this state prior to September 20, 2019, shall not be required to complete an education program or pass a test as required in division (B)(4)(a) of this section.
(c) Any attorney who applies to become commissioned as a notary public in this state after September 20, 2019, shall not be required to pass a test as required in division (B)(4)(a) of this section, but shall be required to complete an education program required by that division.
(C)
(C)(1) A notary
public shall be appointed and commissioned as a notary public for the
state. The
(2) The secretary of state may revoke a commission issued to a notary public upon the judgment of a court or presentation of satisfactory evidence of official misconduct or incapacity.
(3) If the secretary of state revokes a person's commission, the person is ineligible for reappointment to the office of notary public.
(D) The secretary of state shall oversee the processing of notary public applications and shall issue all notary public commissions. The secretary of state shall oversee the creation and maintenance of the online database of notaries public commissioned in this state pursuant to section 147.051 of the Revised Code. The secretary of state may perform all other duties as required by this section. The entities authorized by the secretary of state pursuant to section 147.021 or 147.63 of the Revised Code shall administer the educational program and required test or course of instruction and examination, as applicable.
(E) All submissions to the secretary of state for receiving and renewing commissions, or notifications made under section 147.05 of the Revised Code, shall be done electronically.
(F) The secretary of state shall appoint and commission as a notary public for the state an applicant who is commissioned or licensed as a notary public in another state in accordance with Chapter 4796. of the Revised Code.
(G) Before entering upon the duties of office, a notary public shall personally appear before a notary public or any officer authorized by law to administer oaths, who shall administer an oath of office to the notary public.
Sec. 147.011. As used in this chapter:
(A) "Acknowledgment" means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record, and if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(B) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(C) "Jurat" means a notarial act in which both of the following are met:
(1) The signer of the notarized document is required to give an oath or affirmation that the statement in the notarized document is true and correct;
(2) The signer signs the notarized document in the presence of a notary public.
(D) "Notarial certificate" means the part of, or attachment to, a document that is completed by the notary public and upon which the notary public places the notary public's signature and seal.
(E) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(F) "Notary public" means an officer of the state, commissioned to perform notarial acts by the secretary of state, or prior to June 6, 2001, by the governor. A notary public is not considered an occupation or profession under Title XLVII of the Revised Code, and a notary commission is not an occupational or professional license.
Sec.
147.03. Each notary public, except an attorney admitted to
the practice of law in this state by the Ohio supreme court, shall
hold office for the term of five years unless the commission is
revoked. An attorney admitted to the practice of law in this state by
the Ohio supreme court shall hold office as a notary public as long
as the attorney is a resident of this state or has the attorney's
principal place of business or primary practice in this state, the
attorney is in good standing before the Ohio supreme court, and the
commission is not revoked. Before
entering upon the duties of office, a notary public shall take and
subscribe an oath to be endorsed on the notary public's commission.
A notary public who violates the oath of office required by this section shall be removed from office by the secretary of state, upon complaint filed and substantiated by the secretary of state. The person so removed shall be ineligible for reappointment to the office of notary public.
Sec. 147.032. (A)(1) If the secretary of state believes that a violation of this chapter has occurred, the secretary of state may investigate such violations.
(2) The secretary of state may investigate possible violations of this chapter upon a signed complaint from any person.
(B)
The secretary of state may hold a
disciplinary hearing if the secretary of state determines a hearing
to be appropriate after an investigation conducted under division (A)
of this section.
(C)
After holding an administrative hearing and concluding that a
violation of this chapter has occurred, After
an investigation, the secretary of state may do
take any of the
following actions:
(1) Revoke the notary public's commission;
(2) Suspend the notary public's commission for a specified period of time or until fulfillment of a condition, such as retraining, or both.
(3) Issue a letter of admonition that shall be placed in the notary public's record.
(C) A notary public shall cooperate fully with the secretary of state during the course of an investigation under this section, including by responding in a timely manner to all questions posed by the secretary of state as part of that investigation. The secretary of state shall revoke the commission of a notary public who does not cooperate or respond to questions as required by this division.
(D) The secretary of state may revoke the commission of a notary public for any act or omission by the notary public that demonstrates the notary public lacks the requisite honesty, integrity, competence, or reliability to act as a notary public, including any of the following:
(1) Failure to administer an oath or affirmation when executing a jurat;
(2) Performing a notarial act without requiring personal appearance, except in the case of an online notary public performing an online notarization in accordance with sections 147.60 to 147.66 of the Revised Code;
(3) Fraudulent, dishonest, or deceitful misstatement or omission on a notarial certificate.
(E) A person whose notary commission has been revoked may not apply for a subsequent notary commission.
(E)
(F) The secretary
of state may adopt rules under Chapter 119. of the Revised Code to
set forth procedures for investigations and hearings regarding
violations of this chapter and disciplinary actions taken.
(F)
(G) The secretary
of state may establish an advisory board to meet as the secretary of
state considers necessary to discuss matters related to notary law
and procedures.
Sec. 147.051. The secretary of state shall maintain a database of notaries public on a publicly accessible web site. The web site shall provide all of the following information in relation to each notary public:
(A)
A verification of the authority and
good standing of the individual The
status of an individual's authority to perform notarial
acts;
(B)
Whether the notary is registered
authorized to
perform online notarizations, as defined in section 147.60 of the
Revised Code;
(C) A description of any administrative or disciplinary action taken against the notary.
Sec.
147.07. A notary public may,
throughout the state, administer oaths required or authorized by law,
take and certify depositions, and take and certify acknowledgments of
deeds, mortgages, liens, powers of attorney, and other instruments of
writing. In taking depositions, a notary public shall have the power
that is by law vested in judges of county courts to compel the
attendance of witnesses and punish them for refusing to testify.
Sheriffs and constables are required to serve and return all process
issued by notaries public in the taking of depositionshas
statewide jurisdiction.
Sec. 147.08. (A) A notary public is entitled to the following fees:
(1) Up to five dollars for any notarial act that is not an online notarization;
(2)
For an online notarization, up to twenty-five
thirty dollars.
(B) A notary charging the fee authorized under division (A)(2) of this section shall not also charge the fee authorized under division (A)(1) of this section.
(C) The fees charged under division (A) of this section shall not be calculated on a per signature basis.
(D)
In addition to the fees authorized under division (A) of this
section, a notary may charge a either
or both of the following:
(1) A reasonable travel fee, as agreed to by the notary and the principal prior to the notarial act;
(2) A technology fee up to ten dollars for the use of an online notarization system when performing an online notarization, as defined in section 147.60 of the Revised Code. A notary may charge a technology fee regardless of whether the notarial act is completed, such as when a signer fails to pass the identification process in the online notarization system, but the total technology fee charged shall not exceed ten dollars per online notarization session.
(E) The secretary of state may adopt rules under Chapter 119. of the Revised Code to increase the fees authorized under this section.
Sec. 147.141. (A) A notary public shall not do any of the following:
(1) Perform a notarial act with regard to a record or document executed by the notary;
(2) Notarize the notary's own signature;
(3) Take the notary's own deposition;
(4) Perform a notarial act if the notary has a conflict of interest with regard to the transaction in question;
(5) Certify that a document is either of the following:
(a) An original document;
(b) A true copy of another record.
(6) Use a name or initial in signing certificates other than that by which the notary public is commissioned;
(7) Sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits the notary's ability to make a written signature and unless the notary has first submitted written notice to the secretary of state with an example of the facsimile signature stamp;
(8) Affix the notary's signature to a blank form of an affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment;
(9) Take the acknowledgment of, or administer an oath or affirmation to, a person who the notary public knows to have been adjudicated mentally incompetent by a court of competent jurisdiction, if the acknowledgment or oath or affirmation necessitates the exercise of a right that has been removed;
(10) Notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization;
(11) Alter anything in a written instrument after it has been signed by anyone;
(12) Amend or alter a notarial certificate after the notarization is complete;
(13) Notarize a signature on a document if the document is incomplete or blank;
(14) Notarize a signature on a document if it appears that the signer may be unduly influenced or coerced so as to be restricted from or compromised in exercising the person's own free will when signing the document;
(15) Take an acknowledgment of execution in lieu of an oath or affirmation if an oath or affirmation is required;
(16) Execute a jurat without administering an oath or affirmation to the signer;
(17) Determine the validity of a power of attorney document or any other form designating a representative capacity, such as trustee, authorized officer, agent, personal representative, or guardian, unless that notary is an attorney licensed to practice law in this state;
(18) Charge or accept a fee greater than the amount prescribed by law.
(B) Division (A)(5) of this section shall not be construed as prohibiting a notary from notarizing the signature of a holder of a document on a written statement certifying that the document is a true copy of an original document.
(C) As used in this section, "conflict of interest" means either of the following:
(1) The notary has a direct financial or other interest in the transaction in question, excluding the fees authorized under this chapter.
(2) The notary is named, individually or as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, or lessee, or as a party in some other capacity to the transaction.
Sec.
147.371. (A) Upon receipt of a fee of two dollars and
an affidavit that the original commission of a notary public has been
lost or destroyedand
submission of the electronic duplicate commission request form,
a duplicate commission as notary public shall be issued by the
secretary of state.
(B)
Upon receipt of a fee of two dollars and the
properly completed, prescribed form submission
of the electronic amendment form for a name and
address change under division (B) of section 147.05
of the Revised Code, the secretary of state shall issue a duplicate
commission as a notary public.
(C) The secretary of state shall prescribe and make available an electronic duplicate commission request form and an electronic amendment form.
Sec. 147.49. (A) A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the person acknowledging, that the person appearing before the notary public and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the person.
(B) A notary public who takes a verification of a statement on oath or affirmation, a jurat, shall determine from personal knowledge or satisfactory evidence of the identity of the person making the verification, that the person appearing before the notary public and making the verification has the identity claimed and that the signature on the statement verified is the signature of the person.
Sec. 147.50. (A) A notary public has personal knowledge of the identity of the person appearing before the notary public if the person is personally known to the notary public through dealings sufficient to provide reasonable certainty that the person has the identity claimed.
(B) A notary public has satisfactory evidence of the identity of the person appearing before the notary public if the notary public can identify the person by either of the following means:
(1) An inspection of a passport, driver's license, government-issued nondriver identification card, or other form of government-issued identification with the signature or photograph of the individual, which is current or expired not more than three years before performance of the notarial act, and is satisfactory to the notary public;
(2) By verification on oath or affirmation of a credible witness personally appearing before the notary public and personally known to the notary public or whom the notary public can identify on the basis of a passport, driver's license, or other government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act. A witness is not credible if the witness has a conflict of interest regarding the transaction.
(C) A notary public may require a person to provide additional information or identification credentials necessary to assure the notary public of the identity of the person.
(D) As used in this section, "conflict of interest" means either of the following:
(1) The person has a direct financial or other interest in the transaction in question.
(2) The person is named, individually or as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, or lessee, or as a party in some other capacity to the transaction.
Sec.
147.51. For the purposes of
sections 147.51 to 147.58 of the Revised Code, "notarial acts"
means acts which the laws and regulations of this state authorize
notaries public of this state to perform, including the
administration of oaths and affirmations, taking proof of execution
and acknowledgment of instruments, attesting documents, and executing
a jurat.
(A) A notary public, or any other individual with similar authority under this section, is authorized to perform the following notarial acts:
(1) Administer oaths or affirmations required or authorized by law;
(2) Take and certify acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing;
(3) Take and certify depositions. In taking depositions, a notary public shall have the power that is by law vested in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify. Sheriffs and constables are required to serve and return all process issued by notaries public in the taking of depositions.
(B) Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments, in addition to any other persons authorized by the laws and regulations of this state:
(A)
(1) A notary
public authorized to perform notarial acts in the place in which the
act is performed;
(B)
(2) A judge,
clerk, or deputy clerk of any court of record in the place in which
the notarial act is performed;
(C)
(3) An officer of
the foreign service of the United States, a consular agent, or any
other person authorized by regulation of the United States department
of state to perform notarial acts in the place in which the act is
performed;
(D)
(4) A
commissioned officer in active service with the armed forces of the
United States and any other person authorized by regulation of the
armed forces to perform notarial acts if the notarial act is
performed for one of the following or for a dependent of one of
the following:
(1)
(a) A member of
the merchant marines of the United States;
(2)
(b) A member of
the armed forces of the United States;
(3)
(c) Any other
person serving with or accompanying the armed forces of the United
States.
(E)
(5) Any other
person authorized to perform notarial acts in the place in which the
act is performed.
Sec.
147.52. (A) If the notarial act is performed by any of the
persons described in divisions (A) to
(D) and (B) of
section 147.51 of the Revised Code, other than a person authorized to
perform notarial acts by the laws or regulations of a foreign
country, the signature, rank, or title and serial number, if any, of
the person are sufficient proof of the authority of a holder of that
rank or title to perform the act. Further proof of
his the person's
authority is not required.
(B) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
(1) Either a foreign service officer of the United States residing in the country in which the act is performed or a diplomatic or consular officer of the foreign country residing in the United States certifies that a person holding that office is authorized to perform the act;
(2) The official seal of the person performing the notarial act is affixed to the document; or
(3) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
(C)
If the notarial act is performed by a person other than one described
in divisions (A) and (B) of this section, there is sufficient proof
of the authority of that person to act if the clerk of a court of
record in the place in which the notarial act is performed certifies
to the official character of that person and to
his that person's
authority to perform the notarial act.
(D)
The signature and title of the person performing the act are
prima-facie evidence that he
the person is a person with the designated title and that
the signature is genuine.
Sec.
147.53. (A) The person
taking an acknowledgment shall certify that:
(A)
The the person
acknowledging appeared before him
the notary public and
acknowledged he executed
executing the instrument;.
(B)
The person acknowledging was known to
the person taking the acknowledgment, or that the person taking the
acknowledgment had satisfactory evidence that the person
acknowledging was the person described in and who executed the
instrumentwords in an
acknowledgment notarial certificate "acknowledged before me"
mean that:
(1) The person acknowledging appeared before the person taking the acknowledgment;
(2) The person acknowledging acknowledged executing the instrument;
(3) In the case of:
(a) A natural person, the person executed the instrument for the purposes therein stated;
(b) A corporation, the officer or agent acknowledged holding the position or title set forth in the instrument and certificate, the officer or agent signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;
(c) A limited liability company, the member, manager, or agent acknowledged signing the instrument on behalf of the limited liability company by proper authority and the member, manager, or agent executed the instrument as the act of the limited liability company for the purposes therein stated;
(d) A partnership, the partner or agent acknowledged signing the instrument on behalf of the partnership by proper authority and the partner or agent executed the instrument as the act of the partnership for the purposes therein stated;
(e) A person acknowledging as principal by an attorney in fact, the attorney in fact executed the instrument by proper authority as the act of the principal for the purposes therein stated;
(f) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, the person signed the instrument by proper authority and the person executed the instrument in the capacity and for the purposes stated.
(4) The person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate.
Sec. 147.54. (A) The person executing a jurat shall certify all of the following:
(1) The signer appeared before the notary public;
(2) The notary public administered an oath or affirmation to the signer that the statement in the jurat is true and correct;
(3) The signer signed the document in the presence of the notary public.
(B) The oath or affirmation administered by the notary public to the signer of a jurat shall include one of the following questions, or substantially similar questions:
(1) "Do you solemnly swear that the statements in this document are true, so help you God?"
(2) "Do you affirm, under penalty of perjury, that the statements in this document are true?"
Sec. 147.542. (A) A notary public shall provide a completed notarial certificate for every notarial act the notary public performs.
(B) If a notarial certificate incorrectly indicates the type of notarization performed, the notary public shall provide a correct certificate at no charge to the person signing in question.
(C)
A jurat certificate shall state that an
oath or affirmation was administered to the signer with regard to the
notarial actThe form of a
notarial certificate used by a person whose authority is recognized
under section 147.51 of the Revised Code shall be accepted in this
state if any of the following apply:
(1) The notarial certificate is in a form prescribed by the laws or regulations of this state;
(2) The notarial certificate is in a form prescribed by the laws or regulations applicable in the place in which the notarial act is performed;
(3) The certificate contains the words:
(a) "Acknowledged before me," or their substantial equivalent, when taking an acknowledgment;
(b) "Sworn to and subscribed before me," "affirmed to and subscribed before me," or their substantial equivalent, when executing a jurat.
(D)(1) A notary public shall not use an acknowledgment certificate with regard to a notarial act in which an oath or affirmation has been administered.
(2) A notary public shall not use a jurat certificate with regard to a notarial act in which an oath or affirmation has not been administered.
(E) A certificate required under this section may be provided through any of the following means:
(1) Preprinting on a notarial document;
(2) Ink stamp;
(3) Handwritten note;
(4) A separate, attached document.
(F) A notarial certificate shall show all of the following information:
(1) The state and county venue where the notarization is being performed;
(2) The wording of the acknowledgment or jurat in question;
(3) The date on which the notarial act was performed;
(4) The signature of the notary, exactly as shown on the notary's commission;
(5) The notary's printed name, displayed below the notary's signature or inked stamp;
(6) The notary's notarial seal and commission expiration date;
(7) If an electronic document was signed in the physical presence of a notary and notarized pursuant to section 147.591 of the Revised Code, or if an online notarization was performed pursuant to sections 147.60 to 147.66 of the Revised Code, the certificate shall include a statement to that effect.
(G) A notary public may explain to a signer the difference between an acknowledgment and a jurat, but shall not, unless that notary is an attorney, advise the person on the type of notarial act that best suits a situation.
Sec. 147.591. (A) As used in this section, "electronic document," "electronic seal," "electronic signature," and "online notarization" have the same meanings as in section 147.60 of the Revised Code.
(B)(1) An electronic document that is signed in the physical presence of the notary public with an electronic signature and notarized with an electronic seal shall be considered an original document.
(2) Notwithstanding any other provision of the Revised Code to the contrary, a digital copy of a document executed electronically by the parties and acknowledged or sworn before a notary acting pursuant to this section shall be accepted by county auditors, clerks of courts of record, deputy registrars, engineers, and recorders for purposes of approval, transfer, and recording to the same extent as any other document that is submitted by an electronic recording method and shall not be rejected solely by reason of containing electronic signatures or an electronic notarization, including an online notarization.
(3) A county auditor, clerk of a court of record, deputy registrar, engineer, and recorder shall accept a printed document that was executed electronically for purposes of approval, transfer, and recording if that document contains an attached authenticator certificate in the following, or a substantially similar, format:
"AUTHENTICATOR CERTIFICATE
I certify and warrant that the foregoing and annexed paper document being presented for record, to which this certification is attached, represents a true, exact, complete, and unaltered copy of the original electronic document. The county offices of the auditor, treasurer, recorder, and others necessary to effectuate the transfer and recording of the instrument shall be entitled to rely on such certification and warranty for all purposes.
________________________[signature of authenticator]
________________________[printed name of authenticator]
________________________[street address of authenticator]
________________________[city, state, zip code of - authenticator]
________________________[telephone number of - authenticator]
|
1 |
2 |
A |
State of ____________________ |
) |
B |
|
):ss |
C |
County of ___________________ |
) |
The foregoing authenticator certificate was subscribed and sworn to in my presence by _________________________ [printed name of authenticator] on this ____ day of ________, 20___
_______________________
Notary Public"
(C) An authenticator certificate may not be signed or notarized with an electronic signature or electronic seal, either in person or through the use of an online notarization system.
(D) Any notary public may obtain an electronic seal and an electronic signature for the purposes of notarizing documents under this section.
(D)
(E) A notary
public shall comply with the provisions of section 147.66 of the
Revised Code pertaining to the electronic seal and electronic
signature.
Sec. 147.60. As used in this section and sections 147.61 to 147.66 of the Revised Code:
(A) "Appear in person" means being in the same physical location as another person and being close enough to hear, communicate with, and exchange tangible identification credentials with that individual. "Appear in person" also means being in a different location as another person and interacting with that individual by means of live two-way, audio-video communication.
(B) "Credential analysis" means a process or service operating according to standards adopted by the secretary of state under section 147.62 of the Revised Code through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources.
(C) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(D) "Electronic document" means information that is created, generated, sent, communicated, received, or stored in an electronic medium and is retrievable in perceivable form.
(E) "Electronic seal" means information within a notarized electronic document to which all of the following apply:
(1) The information confirms the notary public's name, jurisdiction, and commission expiration date.
(2) The information generally corresponds to the contents, layout, and format of the notary public's seal for use on paper documents, as required under section 147.04 of the Revised Code.
(F) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a natural person with the intent to sign the electronic document.
(G) "Identity proofing" means a process or service operating according to standards adopted by the secretary of state under section 147.62 of the Revised Code through which a third person affirms the identity of a natural person through the review of personal information from public and proprietary data sources.
(H)
"Notarial act" means the performance of a function
authorized under sections 147.07 and
section 147.51 of
the Revised Code. "Notarial act" does not include the
taking or certifying of depositions.
(I) "Online notarization" means a notarial act performed by means of live two-way video and audio conference technology that conforms to the standards adopted by the secretary of state under section 147.62 of the Revised Code.
(J) "Online notary public" means a notary public who has been duly appointed and commissioned under section 147.01 of the Revised Code and has received authorization by the secretary of state under section 147.63 of the Revised Code to perform online notarizations.
(K) "Principal" means a natural person whose electronic signature is notarized in an online notarization, or the natural person taking an oath or affirmation from the online notary public. "Principal" does not include a natural person taking an oath or giving an affirmation in the capacity of a witness for the online notarization.
(L) "Remote presentation" means transmission to an online notary public through live two-way video and audio conference technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the principal seeking the online notary public's services and to perform credential analysis.
(M) "Territory of the United States" means the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
Sec.
147.99. (A) Whoever
violates section 147.10 of the Revised Code shall be fined not more
than five hundred dollars.
(B)
Whoever violates section 147.14 of the Revised Code shall be fined
not more than one hundred dollars or imprisoned not more than thirty
days, or both."
In line 954, reinsert "or"
In line 955, delete ", or election official"
Delete lines 1060 through 1063
In line 1214, after "time." insert: "When considering whether a state or local law enforcement agency promptly prepared a video record for inspection or provided a video record for production within a reasonable period of time, in addition to any other factors, a court shall consider the time required for a state or local law enforcement agency to retrieve, download, review, redact, seek legal advice regarding, and produce the video record. Notwithstanding any other requirement set forth in Chapter 149. of the Revised Code, a state or local law enforcement agency may charge a requester the actual cost associated with preparing a video record for inspection or production, not to exceed seventy-five dollars per hour of video produced, nor seven hundred fifty dollars total. As used in this division, "actual cost," with respect to video records only, means all costs incurred by the state or local law enforcement agency in reviewing, blurring or otherwise obscuring, redacting, uploading, or producing the video records, including but not limited to the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request. A state or local law enforcement agency may include in its public records policy the requirement that a requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production. Where a state or local law enforcement agency imposes such a requirement, its obligation to produce a video or make it available for inspection begins once the estimated actual cost is paid in full by the requester. A state or local law enforcement agency shall provide the requester with the estimated actual cost within five business days of receipt of the public records request. If the actual cost exceeds the estimated actual cost, a state or local law enforcement agency may charge a requester for the difference upon fulfilling a request for video records if the requester is notified in advance that the actual cost may be up to twenty per cent higher than the estimated actual cost. A state or local law enforcement agency shall not charge a requester a difference that exceeds twenty per cent of the estimated actual cost."
After line 1673, insert:
"Sec. 305.021. (A) When there is a vacancy in the county engineer's office as a result of death or resignation and the vacancy cannot be filled by election or appointment as provided in section 305.02 of the Revised Code, or if no one runs for the office of county engineer and, for that reason, the office is vacant, the board of county commissioners may contract with another county's county engineer to exercise the powers and perform the acts, duties, or functions of the county engineer. Notwithstanding any contrary provision of the Revised Code or the common law, the same person may serve as the county engineer of more than one county, including adjacent counties, under this section.
(B) A county engineer with whom the board contracts shall receive supplemental compensation for services rendered under the contract in an amount equal to the compensation specified in sections 325.14 and 325.18 of the Revised Code for the population range of the county in which the engineer is contracted to perform services, prorated for the duration of the contract. The supplemental compensation shall have no effect on the compensation a county engineer receives for serving as county engineer in the county in which the engineer holds office. The duration of the contract shall not extend beyond the last day of the term for which there was a vacancy.
Sec.
315.251. (A) If
a deed conveying title to real property is presented to the county
auditor for transfer, and the deed contains a legal description for
land that is a cut-up or split of the grantor's one or more existing
parcels of land as shown in the county auditor's records, or if the
legal description of the land conveyed in the deed is different from
the legal description shown in the prior deed to the grantor, a
boundary survey plat in conformity with the new description shall be
submitted with the deed. The survey plat and description shall
satisfy the minimum standards for boundary surveys promulgated by the
board of registration for professional engineers and surveyors
pursuant to Chapter 4733. of the Revised Code. If, in the opinion of
the county engineer, the survey plat and description satisfy those
standards, the county auditor shall accept the deed for transfer and
a copy of the survey plat shall be filed in the county engineer's
survey file for public inspection.
This section applies only if the requirements of this section are included in the standards governing conveyances of real property in the county adopted under section 319.203 of the Revised Code.
(B) Beginning on the effective date of this amendment, in the counties where the county engineer elects to engage in the private practice of engineering or surveying under division (B) of section 325.14 of the Revised Code the county auditor of that county shall designate another engineer who is registered under Chapter 4733. of the Revised Code and who is employed in the same county engineer's office to perform the duty of the county engineer under division (A) of this section or to exercise or perform any authority or duty of the county engineer under section 319.203 of the Revised Code if the county engineer reasonably believes that the performance of that duty or exercise of that authority by the county engineer would constitute a violation of Chapter 102. of the Revised Code or any other similar civil or criminal statute. Pursuant to this authorization, the designee engineer shall act in the place of the county engineer. Neither the county engineer nor the designee engineer shall discuss any matter reasonably related to this authorization. Any act in compliance with this section is not a violation of Chapter 102. of the Revised Code or any other similar statute.
Division (B) of this section applies only to a county engineer holding office on the effective date of this amendment during such time as the person continues to serve that term or an immediately consecutive term of office as a county engineer.
Sec.
319.203. Subject to division
(B) of section 315.251 of the Revised Code, the The
county auditor and the county engineer of each county, by
written agreement, shall adopt standards governing conveyances of
real property in the county. These standards may include the
requirements specified in section 315.251 of the Revised Code. The
county auditor and county engineer may modify those standards from
time to time as they consider necessary or desirable. The standards
shall be adopted or modified only after the county auditor and county
engineer have held two public hearings, not less than ten days apart,
concerning adoption or modification of the standards. The standards
shall be available for public inspection during normal business hours
at the offices of the county auditor and county engineer.
Before the county auditor transfers any conveyance of real property presented to the auditor under section 319.20 or 315.251 of the Revised Code, the county auditor shall review the conveyance to determine whether it complies with the standards adopted under this section. The county auditor shall not transfer any conveyance that does not comply with those standards."
After line 1741, insert:
"Sec. 323.78. (A) Notwithstanding anything in Chapters 323., 5721., and 5723. of the Revised Code, a county treasurer may elect to invoke the alternative redemption period in any petition for foreclosure of abandoned lands under section 323.25, sections 323.65 to 323.79, or section 5721.18 of the Revised Code.
(B)
If a county treasurer invokes the alternative redemption period
pursuant to this section, and if a municipal corporation, township,
county, school district, community development organization, or
county land reutilization corporation has requested title to the
parcel, then upon adjudication of foreclosure of the parcel, the
court or board of revision shall order, in the decree of foreclosure
or by separate order, that the equity of redemption and any statutory
or common law right of redemption in the parcel by its owner shall be
forever terminated after the expiration of the alternative redemption
period and that the parcel shall be transferred by deed directly to
the requesting municipal corporation, township, county, school
district, community development corporationorganization,
or county land reutilization corporation without appraisal and
without a sale, free and clear of all impositions and any other liens
on the property, which shall be deemed forever satisfied and
discharged. The court or board of revision shall order such a
transfer regardless of whether the value of the taxes, assessments,
penalties, interest, and other charges due on the parcel, and the
costs of the action, exceed the fair market value of the parcel. No
further act of confirmation or other order shall be required for such
a transfer, or for the extinguishment of any statutory or common law
right of redemption.
(C) If a county treasurer invokes the alternative redemption period pursuant to this section and if no community development organization, county land reutilization corporation, municipal corporation, county, township, or school district has requested title to the parcel, then upon adjudication of foreclosure of the parcel, the court or board of revision shall order the property sold as otherwise provided in Chapters 323. and 5721. of the Revised Code, and, failing any bid at any such sale, the parcel shall be forfeited to the state and otherwise disposed of pursuant to Chapter 5723. of the Revised Code.
(D)(1) A municipal corporation, township, county, school district, community development organization, or county land reutilization corporation to which property is transferred pursuant to division (B) of this section shall cause the property to be sold through either of the following means:
(a) At a public auction conducted by the sheriff of the county in which the property is located or a designee of the sheriff in the manner provided by law for the sale of real property on execution. The auction shall be advertised in the same manner required in division (A) of section 323.73 of the Revised Code.
(b) By the solicitation of sealed bids. The political subdivision, community development organization, or county land reutilization corporation shall advertise the sale in a newspaper of general circulation that meets the requirements of section 7.12 of the Revised Code in the county in which the property is located, prescribe the form of bids, and accept bids over a period of at least three weeks.
(2) Upon a sale of property pursuant to division (D)(1) of this section, the municipal corporation, township, county, school district, community development organization, or county land reutilization corporation that sold the property shall calculate the sum of the taxes, assessments, penalties, interest, and other charges due on the property at the time the property was transferred under division (B) of this section; the costs of the foreclosure action that resulted in the property's transfer under that division; and any costs incurred by the political subdivision, community development organization, or county land reutilization corporation in connection with the property. If the sale price exceeds that sum, the excess proceeds shall be delivered to the county treasurer of the county in which the property is located not later than forty-five days after its sale. Thereafter, the excess proceeds shall be treated in the same manner as surplus funds under section 5721.20 of the Revised Code.
The political subdivision, community development organization, or county land reutilization corporation shall maintain a record of the amounts calculated under this division, and the property's sale price, for three years after its sale date. The record is a public record subject to section 149.43 of the Revised Code.
Sec.
325.14. (A) Each county engineer shall be classified, for
salary purposes, according to the population of the county. All
county engineers shall receive annual compensation in accordance with
the following schedules schedule
and in accordance with section 325.18 of the Revised Code:
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2018 FOR
COUNTY ENGINEERS WITH A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$67,746 |
C |
2 |
55,001 - 95,000 |
73,059 |
D |
3 |
95,001 - 200,000 |
78,594 |
E |
4 |
200,001 - 400,000 |
83,022 |
F |
5 |
400,001 - 1,000,000 |
88,556 |
G |
6 |
1,000,001 or more |
92,009 |
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2018 FOR
COUNTY ENGINEERS WITHOUT A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$94,103 |
C |
2 |
55,001 - 95,000 |
99,417 |
D |
3 |
95,001 - 200,000 |
104,950 |
E |
4 |
200,001 - 400,000 |
109,378 |
F |
5 |
400,001 - 1,000,000 |
114,914 |
G |
6 |
1,000,001 or more |
118,361 |
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2019 FOR COUNTY ENGINEERS
WITH A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$71,133 |
C |
2 |
55,001 - 95,000 |
76,712 |
D |
3 |
95,001 - 200,000 |
82,524 |
E |
4 |
200,001 - 400,000 |
87,173 |
F |
5 |
400,001 - 1,000,000 |
92,984 |
G |
6 |
1,000,001 or more |
96,609 |
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2019 FOR COUNTY ENGINEERS
WITHOUT A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$98,808 |
C |
2 |
55,001 - 95,000 |
104,388 |
D |
3 |
95,001 - 200,000 |
110,198 |
E |
4 |
200,001 - 400,000 |
114,847 |
F |
5 |
400,001 - 1,000,000 |
120,660 |
G |
6 |
1,000,001 or more |
124,279 |
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2020 FOR COUNTY ENGINEERS
WITH A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$74,690 |
C |
2 |
55,001 - 95,000 |
80,548 |
D |
3 |
95,001 - 200,000 |
86,650 |
E |
4 |
200,001 - 400,000 |
91,532 |
F |
5 |
400,001 - 1,000,000 |
97,633 |
G |
6 |
1,000,001 or more |
101,440 |
CLASSIFICATION AND COMPENSATION SCHEDULE
FOR CALENDAR YEAR 2020 FOR COUNTY ENGINEERS
WITHOUT A PRIVATE PRACTICE
|
1 |
2 |
3 |
A |
Class |
Population Range |
Compensation |
B |
1 |
1 - 55,000 |
$103,749 |
C |
2 |
55,001 - 95,000 |
109,607 |
D |
3 |
95,001 - 200,000 |
115,707 |
E |
4 |
200,001 - 400,000 |
120,589 |
F |
5 |
400,001 - 1,000,000 |
126,693 |
G |
6 |
1,000,001 or more |
130,493 |
Such salary may be paid monthly out of the general county fund or out of the county's share of the fund derived from the receipts from motor vehicle licenses, as distributed by section 4501.04 of the Revised Code, and the county's share of the fund derived from the motor vehicle fuel tax, as distributed by section 5735.27 of the Revised Code, as the board of county commissioners directs, upon the warrant of the county auditor and shall be in lieu of all fees, costs, per diem or other allowances, and other perquisites, of whatever kind, which any engineer collects and receives. The engineer shall be the county tax map draftperson, but shall receive no additional compensation for performing the duties of that position. When the engineer performs service in connection with ditches or drainage works, the engineer shall charge and collect the per diem allowances or other fees provided by law and shall pay all of those allowances and fees, monthly, into the county treasury to the credit of the general county fund. The engineer shall pay into the county treasury all allowances and fees collected when the engineer performs services under sections 315.28 to 315.34 of the Revised Code.
(B)
A county engineer may elect to engage or not to engage in the private
practice of engineering or surveying
before the commencement of each new term of office, and a county
engineer who elects not to engage in the private practice of
engineering or surveying may, for a period of six months after taking
office, engage in the private practice of engineering or surveying
for the purpose of concluding the affairs of private practice without
any diminution of salary as provided in division (A) of this section
and in section 325.18 of the Revised Code.
A county engineer, including an acting county engineer described in
section 305.021 of the Revised Code, shall not perform any private
engineering or surveying work that would go before the office of the
county engineer of any county in which the person serves as the
county engineer or acting county engineer."
After line 5260, insert:
"Sec.
727.011. For the purpose of controlling the blight and
disease of shade trees within public rights-of-way, and for planting,
maintaining, trimming, and removing shade trees in and along the
streets of a municipality, the legislative authority of such
municipal corporation may establish one or more districts in the
municipality designating the boundaries thereof, and may each year
thereafter, by ordinance, designate the district in which such
control, planting, care, and maintenance shall be effected,
setting . The ordinance
shall set forth an estimate of the cost and providing for
the levy of a special assessment upon all the real property in the
district, in the amount and in the manner provided in section 727.01
of the Revised Code, for planting, maintaining, trimming, and
removing shade trees. However, the ordinance
may provide for an exemption from special assessments that applies to
entities that are determined by the internal revenue service to be
tax-exempt pursuant to section 501(c)(3) of the Internal Revenue
Code. The ordinance shall be adopted as other ordinances
and a succinct summary of the ordinance shall be published in the
manner provided in section 731.21 of the Revised Code. Bonds and
anticipatory notes may be issued in anticipation of the collection of
such special assessments, under section 133.17 of the Revised Code."
After line 5402, insert:
"Sec. 1706.712. (A) After each constituent entity has approved the agreement of merger, a certificate of merger shall be signed on behalf of both of the following:
(1) Each constituent limited liability company, as provided in division (A) of section 1706.17 of the Revised Code;
(2) Each other constituent entity, as provided in its governing statute.
(B) A certificate of merger under this section shall include all of the following:
(1) The name and form of each constituent entity, the jurisdiction of its governing statute, and its registration number, if any, as it appears on the records of the secretary of state;
(2) The name and form of the surviving entity, the jurisdiction of its governing statute, and, if the surviving entity is created pursuant to the merger, a statement to that effect;
(3) The date the merger is effective under the governing statute of the surviving entity;
(4) The name and mailing address of the person or entity that is to provide, in response to any written request made by a shareholder, partner, or other equity holder of a constituent entity, a copy of the agreement of merger.
(4)
(5) If the
surviving entity is to be created pursuant to the merger:
(a) If it will be a limited liability company, the limited liability company's articles of organization;
(b) If it will be an entity other than a limited liability company, any organizational document that creates the entity that is required to be in a public record.
(5)
(6) If the
surviving entity exists before the merger, any amendments provided
for in the agreement of merger for the organizational document that
created the entity that are in a public record;
(6)
(7) A statement
as to each constituent entity that the merger was approved as
required by the entity's governing statute;
(7)
(8) If the
surviving entity is a foreign entity not authorized to transact
business in this state, the street address of its statutory agent;
(8)
(9) Any
additional information required by the governing statute of any
constituent entity.
(C) Each constituent limited liability company shall deliver the certificate of merger for filing in the office of the secretary of state.
(D) A merger becomes effective under sections 1706.71 to 1706.74 of the Revised Code as follows:
(1) If the surviving entity is a limited liability company, upon the later of the following:
(a) Compliance with division (C) of this section;
(b) As specified in the certificate of merger.
(2) If the surviving entity is not a limited liability company, as provided by the governing statute of the surviving entity.
Sec. 1901.31. The clerk and deputy clerks of a municipal court shall be selected, be compensated, give bond, and have powers and duties as follows:
(A) There shall be a clerk of the court who is appointed or elected as follows:
(1)(a) Except in the Akron, Barberton, Toledo, Columbiana county, Hamilton county, Miami county, Montgomery county, Portage county, and Wayne county municipal courts and through December 31, 2008, the Cuyahoga Falls municipal court, if the population of the territory equals or exceeds one hundred thousand at the regular municipal election immediately preceding the expiration of the term of the present clerk, the clerk shall be nominated and elected by the qualified electors of the territory in the manner that is provided for the nomination and election of judges in section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(b) In the Hamilton county municipal court, the clerk of courts of Hamilton county shall be the clerk of the municipal court and may appoint an assistant clerk who shall receive the compensation, payable out of the treasury of Hamilton county in semimonthly installments, that the board of county commissioners prescribes. The clerk of courts of Hamilton county, acting as the clerk of the Hamilton county municipal court and assuming the duties of that office, shall receive compensation at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation that is received for the performance of the duties of the clerk of courts of Hamilton county, as provided in sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal courts, the clerks of courts of Portage county and Wayne county shall be the clerks, respectively, of the Portage county and Wayne county municipal courts and may appoint a chief deputy clerk for each branch that is established pursuant to section 1901.311 of the Revised Code and assistant clerks as the judges of the municipal court determine are necessary, all of whom shall receive the compensation that the legislative authority prescribes. The clerks of courts of Portage county and Wayne county, acting as the clerks of the Portage county and Wayne county municipal courts and assuming the duties of these offices, shall receive compensation payable from the county treasury in semimonthly installments at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(d) In the Montgomery county and Miami county municipal courts, the clerks of courts of Montgomery county and Miami county shall be the clerks, respectively, of the Montgomery county and Miami county municipal courts. The clerks of courts of Montgomery county and Miami county, acting as the clerks of the Montgomery county and Miami county municipal courts and assuming the duties of these offices, shall receive compensation at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation that is received for the performance of the duties of the clerks of courts of Montgomery county and Miami county, as provided in sections 325.08 and 325.18 of the Revised Code.
(e) Except as otherwise provided in division (A)(1)(e) of this section, in the Akron municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Akron for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Akron municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Akron municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Akron municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(f) Except as otherwise provided in division (A)(1)(f) of this section, in the Barberton municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Barberton for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Barberton municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Barberton municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Barberton municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(g)(i) Through December 31, 2008, except as otherwise provided in division (A)(1)(g)(i) of this section, in the Cuyahoga Falls municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Cuyahoga Falls for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Cuyahoga Falls municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Cuyahoga Falls municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(ii) Division (A)(1)(g)(i) of this section shall have no effect after December 31, 2008.
(h) Except as otherwise provided in division (A)(1)(h) of this section, in the Toledo municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Toledo for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Toledo municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Toledo municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Toledo municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(i) In the Columbiana county municipal court, the clerk of courts of Columbiana county shall be the clerk of the municipal court, may appoint a chief deputy clerk for each branch office that is established pursuant to section 1901.311 of the Revised Code, and may appoint any assistant clerks that the judges of the court determine are necessary. All of the chief deputy clerks and assistant clerks shall receive the compensation that the legislative authority prescribes. The clerk of courts of Columbiana county, acting as the clerk of the Columbiana county municipal court and assuming the duties of that office, shall receive in either biweekly installments or semimonthly installments, as determined by the payroll administrator, compensation payable from the county treasury at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(2)(a) Except for the Alliance, Auglaize county, Brown county, Holmes county, Perry county, Putnam county, Lima, Lorain, Massillon, and Youngstown municipal courts, in a municipal court for which the population of the territory is less than one hundred thousand, the clerk shall be appointed by the court, and the clerk shall hold office until the clerk's successor is appointed and qualified.
(b) In the Alliance, Lima, Lorain, Massillon, and Youngstown municipal courts, the clerk shall be elected for a term of office as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, Holmes county, Perry county, and Putnam county municipal courts, the clerks of courts of Auglaize county, Brown county, Holmes county, Perry county, and Putnam county shall be the clerks, respectively, of the Auglaize county, Brown county, Holmes county, Perry county, and Putnam county municipal courts and may appoint a chief deputy clerk for each branch office that is established pursuant to section 1901.311 of the Revised Code, and assistant clerks as the judge of the court determines are necessary, all of whom shall receive the compensation that the legislative authority prescribes. The clerks of courts of Auglaize county, Brown county, Holmes county, Perry county, and Putnam county, acting as the clerks of the Auglaize county, Brown county, Holmes county, Perry county, and Putnam county municipal courts and assuming the duties of these offices, shall receive compensation payable from the county treasury in semimonthly installments at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(3) During the temporary absence of the clerk due to illness, vacation, or other proper cause, the court may appoint a temporary clerk, who shall be paid the same compensation, have the same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county, Montgomery county, Miami county, Portage county, and Wayne county municipal courts, if a vacancy occurs in the office of the clerk of the Alliance, Lima, Lorain, Massillon, or Youngstown municipal court or occurs in the office of the clerk of a municipal court for which the population of the territory equals or exceeds one hundred thousand because the clerk ceases to hold the office before the end of the clerk's term or because a clerk-elect fails to take office, the vacancy shall be filled, until a successor is elected and qualified, by a person chosen by the residents of the territory of the court who are members of the county central committee of the political party by which the last occupant of that office or the clerk-elect was nominated. Not less than five nor more than fifteen days after a vacancy occurs, those members of that county central committee shall meet to make an appointment to fill the vacancy. At least four days before the date of the meeting, the chairperson or a secretary of the county central committee shall notify each such member of that county central committee by first class mail of the date, time, and place of the meeting and its purpose. A majority of all such members of that county central committee constitutes a quorum, and a majority of the quorum is required to make the appointment. If the office so vacated was occupied or was to be occupied by a person not nominated at a primary election, or if the appointment was not made by the committee members in accordance with this division, the court shall make an appointment to fill the vacancy. A successor shall be elected to fill the office for the unexpired term at the first municipal election that is held more than one hundred thirty-five days after the vacancy occurred.
(C)(1) In a municipal court, other than the Auglaize county, the Brown county, the Holmes county, the Perry county, the Putnam county, and the Lorain municipal courts, for which the population of the territory is less than one hundred thousand, the clerk of the municipal court shall receive the annual compensation that the presiding judge of the court prescribes, if the revenue of the court for the preceding calendar year, as certified by the auditor or chief fiscal officer of the municipal corporation in which the court is located or, in the case of a county-operated municipal court, the county auditor, is equal to or greater than the expenditures, including any debt charges, for the operation of the court payable under this chapter from the city treasury or, in the case of a county-operated municipal court, the county treasury for that calendar year, as also certified by the auditor or chief fiscal officer. If the revenue of a municipal court, other than the Auglaize county, the Brown county, the Columbiana county, the Perry county, the Putnam county, and the Lorain municipal courts, for which the population of the territory is less than one hundred thousand for the preceding calendar year as so certified is not equal to or greater than those expenditures for the operation of the court for that calendar year as so certified, the clerk of a municipal court shall receive the annual compensation that the legislative authority prescribes. As used in this division, "revenue" means the total of all costs and fees that are collected and paid to the city treasury or, in a county-operated municipal court, the county treasury by the clerk of the municipal court under division (F) of this section and all interest received and paid to the city treasury or, in a county-operated municipal court, the county treasury in relation to the costs and fees under division (G) of this section.
(2) In a municipal court, other than the Columbiana county, Hamilton county, Montgomery county, Miami county, Portage county, and Wayne county municipal courts, for which the population of the territory is one hundred thousand or more, and in the Lorain municipal court, the clerk of the municipal court shall receive annual compensation in a sum equal to eighty-five per cent of the salary of a judge of the court.
(3) The compensation of a clerk described in division (C)(1) or (2) of this section and of the clerk of the Columbiana county municipal court is payable in either semimonthly installments or biweekly installments, as determined by the payroll administrator, from the same sources and in the same manner as provided in section 1901.11 of the Revised Code, except that the compensation of the clerk of the Carroll county municipal court is payable in biweekly installments.
(D) Before entering upon the duties of the clerk's office, the clerk of a municipal court shall give bond of not less than six thousand dollars to be determined by the judges of the court, conditioned upon the faithful performance of the clerk's duties.
(E)(E)(1)
The clerk of a municipal court may do all of the following:
administer oaths, take affidavits, and issue executions upon any
judgment rendered in the court, including a judgment for unpaid
costs; issue, sign, and attach the seal of the court to all writs,
process, subpoenas, and papers issuing out of the court; and approve
all bonds, sureties, recognizances, and undertakings fixed by any
judge of the court or by law. The clerk may refuse to accept for
filing any pleading or paper submitted for filing by a person who has
been found to be a vexatious litigator under section 2323.52 of the
Revised Code and who has failed to obtain leave to proceed under that
section. The clerk shall do all of the following: file and safely
keep all journals, records, books, and papers belonging or
appertaining to the court; record the proceedings of the court;
perform all other duties that the
judges of the court may prescribe; and keep a book
showing all receipts and disbursements, which book shall be open for
public inspection at all times.
(2) The clerk shall prepare and maintain a general index, a docket, and other records that the court, by rule, requires, all of which shall be the public records of the court. In the docket, the clerk shall enter, at the time of the commencement of an action, the names of the parties in full, the names of the counsel, and the nature of the proceedings. Under proper dates, the clerk shall note the filing of the complaint, issuing of summons or other process, returns, and any subsequent pleadings. The clerk also shall enter all reports, verdicts, orders, judgments, and proceedings of the court, clearly specifying the relief granted or orders made in each action. The court may order an extended record of any of the above to be made and entered, under the proper action heading, upon the docket at the request of any party to the case, the expense of which record may be taxed as costs in the case or may be required to be prepaid by the party demanding the record, upon order of the court.
(3) In furtherance of the performance of the duties enjoined upon the clerk by statute, common law, and the Rules of Superintendence for the Courts of Ohio, an elected clerk of a municipal court is responsible for determining the best means and methods for storing, maintaining, and retrieving all papers delivered to the clerk, whether delivered in writing or in electronic form, in compliance with Rule 26 of the Rules of Superintendence for the Courts of Ohio. Once determined, the elected clerk of the municipal court is responsible for implementing the means and methods for storage, maintenance, and retrieval.
(4) In the performance of official duties, an appointed clerk of a municipal court is under the direction of the court.
(F)
The clerk of a municipal court shall receive, collect, and issue
receipts for all costs, fees, fines, bail, and other moneys payable
to the office or to any officer of the court. The clerk shall on or
before the twentieth day of the month following the month in which
they are collected disburse to the proper persons or officers, and
take receipts for, all costs, fees, fines, bail, and other moneys
that the clerk collects. Subject to sections 307.515 and 4511.193 of
the Revised Code and to any other section of the Revised Code that
requires a specific manner of disbursement of any moneys received by
a municipal court and except for the Hamilton county, Lawrence
county, and Ottawa county municipal courts, the clerk shall pay all
fines received for violation of municipal ordinances into the
treasury of the municipal corporation the ordinance of which was
violated and shall pay all fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or Chapter
504. of the Revised Code into the treasury of the township the
resolution of which was violated. Subject to sections 1901.024 and
4511.193 of the Revised Code, in the Hamilton county, Lawrence
county, and Ottawa county municipal courts, the clerk shall pay fifty
per cent of the fines received for violation of municipal ordinances
and fifty per cent of the fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or Chapter
504. of the Revised Code into the treasury of the county. Subject to
sections 307.515, 4511.19, and 5503.04 of the Revised Code and to any
other section of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the clerk
shall pay all fines collected for the violation of state laws into
the county treasury. Except in a county-operated municipal court, the
clerk shall pay all costs and fees the disbursement of which is not
otherwise provided for in the Revised Code into the city treasury.
The clerk of a county-operated municipal court shall pay the costs
and fees the disbursement of which is not otherwise provided for in
the Revised Code into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation. The
clerk shall keep a separate account of all receipts and disbursements
in civil and criminal cases, which shall be a permanent public record
of the office. On the expiration of the term of the clerk, the clerk
shall deliver the records to the clerk's successor. The
clerk shall have other powers and duties as are prescribed by rule or
order of the court.
(G) All moneys paid into a municipal court shall be noted on the record of the case in which they are paid and shall be deposited in a state or national bank, as defined in section 1101.01 of the Revised Code, that is selected by the clerk. Any interest received upon the deposits shall be paid into the city treasury, except that, in a county-operated municipal court, the interest shall be paid into the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk shall make a list of the titles of all cases in the court that were finally determined more than one year past in which there remains unclaimed in the possession of the clerk any funds, or any part of a deposit for security of costs not consumed by the costs in the case. The clerk shall give notice of the moneys to the parties who are entitled to the moneys or to their attorneys of record. All the moneys remaining unclaimed that are for restitution payments for crime victims shall be sent to the reparations fund created under section 2743.191 of the Revised Code, with a list from the clerk or other officer responsible for the collection and distribution of restitution payments specifying the amounts and individual identifying information of the funds. All other moneys remaining unclaimed on the first day of April of each year shall be paid by the clerk to the city treasurer, except that, in a county-operated municipal court, the moneys shall be paid to the treasurer of the county in which the court is located. The treasurer shall pay any part of the moneys at any time to the person who has the right to the moneys upon proper certification of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll county municipal court may be appointed by the clerk and shall receive the compensation, payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out of the city treasury, that the clerk may prescribe, except that the compensation of any deputy clerk of a county-operated municipal court shall be paid out of the treasury of the county in which the court is located. The judge of the Carroll county municipal court may appoint deputy clerks for the court, and the deputy clerks shall receive the compensation, payable in biweekly installments out of the county treasury, that the judge may prescribe. Each deputy clerk shall take an oath of office before entering upon the duties of the deputy clerk's office and, when so qualified, may perform the duties appertaining to the office of the clerk. The clerk may require any of the deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(I) For the purposes of this section, whenever the population of the territory of a municipal court falls below one hundred thousand but not below ninety thousand, and the population of the territory prior to the most recent regular federal census exceeded one hundred thousand, the legislative authority of the municipal corporation may declare, by resolution, that the territory shall be considered to have a population of at least one hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at all sessions of the municipal court, although not necessarily in the courtroom, and may administer oaths to witnesses and jurors and receive verdicts.
Sec. 2151.46. As used in sections 2151.46 to 2151.4610 of the Revised Code:
(A) "Community organization" means an organization that provides services, including recreation, mental health care, and academic support, for a child placed in foster care.
(B) "Emergency department" includes a hospital emergency department and freestanding emergency department.
(C) "Freestanding emergency department" has the same meaning as in section 3727.49 of the Revised Code.
(D) "First responder" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, firefighter, or volunteer firefighter.
(E) "Law enforcement officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or state highway patrol trooper.
(F) "Residential facility" has the same meaning as in section 5103.05 of the Revised Code, except that it applies only to a residential facility that is operated by a public children services agency, private child placing agency, private noncustodial agency, or superintendent of a county or district children's home for the placement of foster children.
(G) "Volunteer firefighter" has the same meaning as in section 146.01 of the Revised Code.
Sec. 2151.461. (A) If a child is under the care and supervision of a residential facility and presents to an emergency department or is admitted to a hospital for an injury or mental health crisis, the emergency department or hospital shall do both of the following:
(1) Communicate with the public children services agency or private child placing agency with custody of the child about the visit. Except for care that a child has consented to under section 2108.31, 2151.85, 2907.29, 3701.242, 3709.241, 3719.012, 5120.172, or 5122.04 of the Revised Code, the emergency department or hospital shall discuss the child's medical treatment with and request authorization of care from the agency.
(2) Notify the agency of the discharge of the child from the emergency department or hospital.
(B) A public children services agency or private child placing agency with custody of a child who is under the care and supervision of a residential facility and presents to an emergency department or is admitted to a hospital for an injury or mental health crisis shall respond to the emergency department or hospital's communication regarding medical care for the child not later than four hours after initial contact.
Sec. 2151.462. Notwithstanding Chapter 3798. of the Revised Code and to the extent permitted by federal law, if a child is under the care and supervision of a residential facility and presents to an emergency department or is admitted to a hospital for an injury or mental health crisis, the emergency department or hospital shall report the visit to the Ohio resilience through integrated systems and excellence (OhioRISE) program, if the child is participating in the program, and the department of children and youth.
Sec. 2151.463. If a child is under the care and supervision of a residential facility and has an investigative interaction with a law enforcement officer, regardless of whether a police report is generated pertaining to the child, the law enforcement officer shall notify the operator of the residential facility and the public children services agency or private child placing agency with custody of the child of the interaction.
Sec. 2151.464. If a child is under the care and supervision of a residential facility and has an interaction with a law enforcement officer that results in a police report being generated pertaining to the child, the residential facility shall report the interaction to the department of children and youth and provide the department a copy of the police report.
Sec. 2151.465. Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code that establish all of the following:
(A) A standardized procedure under which an emergency department, hospital, or law enforcement officer provides notification under sections 2151.461 and 2151.463 of the Revised Code;
(B) Time frames for an emergency department or hospital or a residential facility to provide reports to the department under sections 2151.462 and 2151.464 of the Revised Code;
(C) Standards for the department to track reports provided to the department under sections 2151.462 and 2151.464 of the Revised Code.
Sec. 2151.466. Prior to a child's placement in a residential facility or not later than ninety-six hours after a child's placement in a residential facility as a result of an emergency placement in accordance with section 2151.31 of the Revised Code or a change in the child's case plan in accordance with section 2151.412 of the Revised Code, a public children services agency or private child placing agency with custody of a child shall inform the operator of the facility of any charges for which the child was adjudicated a delinquent child, including any former adjudication and any adjudication that resulted in the agency's current custody of the child.
Sec. 2151.467. (A) A public children services agency or private child placing agency with custody of a child who is under the care and supervision of a residential facility shall conduct a monthly in-person visit to the residential facility to determine the well-being of the child. The agency shall maintain documentation of each visit and report concerns about the child to the department of children and youth in accordance with rules adopted under division (B) of this section.
(B) Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following:
(1) Criteria for determining whether an agency shall report a concern to the department;
(2) Criteria for determining whether an agency shall conduct a mandatory review of the placement of the child pursuant to section 2151.468 of the Revised Code.
Sec. 2151.468. (A) A public children services agency or private child placing agency with custody of a child who is under the care and supervision of a residential facility shall review the placement of the child if any of the following occur:
(1) The child presents to an emergency department or is admitted to a hospital for an injury or mental health crisis.
(2) A police report is generated with regard to the child.
(3) During a monthly visit, the agency has determined that a review is necessary pursuant to rules adopted under section 2151.467 of the Revised Code.
(B) A review of the placement of a child under division (A) of this section shall include a determination of whether the residential facility is an appropriate setting and is providing a satisfactory level of care for the child.
(C) The public children services agency or private child placing agency shall notify the operator of the residential facility of the results of a review under division (A) of this section and any action that the agency plans to take with regard to the child as a result of the review.
(D) Not later than ninety days after the effective date of this section, the department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish guidelines for reviewing the placement of a child under this section, including review criteria, circumstances that would require a change in the placement of the child, and a timeline for conducting review and taking appropriate action.
Sec. 2151.469. Each public children services agency and private child placing agency shall establish a twenty-four-hour emergency on-call procedure to respond to contact from emergency departments, hospitals, law enforcement officers, and first responders regarding emergencies involving a child in the agency's custody.
Sec. 2151.4610. (A) The operator of a residential facility shall notify a public children services agency or private child placing agency with custody of a child of any service that a community organization provides or seeks to provide to a child under the care and supervision of the residential facility. All services that a community organization provides to a child under this section shall receive prior approval from the public children services agency or private child placing agency with custody of the child.
(B) A public children services agency or private child placing agency with custody of a child shall document in the child's case plan any service that a community organization provides to a child under the care and supervision of a residential facility.
Sec. 2303.12. (A) As used in this section:
(1) "Case file" means the compendium of original documents filed in a civil action or proceeding in the court of common pleas, including the pleadings, motions, orders, and judgments of the court on a case by case basis.
(2) "General docket" means the appearance docket, trial docket, journal, execution docket, and case files in relation to those dockets and journal.
(B)(B)(1)
The clerk of the court of common pleas shall keep records as
indicated by the Rules of Superintendence for the Courts of Ohio
and subject to division (B)(2) of this section. They shall
be called the appearance docket, trial docket and printed duplicates
of the trial docket for the use of the court and the officers
thereof, journal, and execution docket. The clerk shall also keep a
record in book form or the clerk may prepare a record by using any
photostatic, photographic, miniature photographic, film, microfilm,
or microphotographic process, electrostatic process, perforated tape,
magnetic tape, or other electromagnetic means, electronic data
processing, machine readable media, graphic or video display, or any
combination thereof, which correctly and accurately copies or
reproduces every case file and other original document, paper, or
instrument in writing. The clerk shall keep an index to the trial
docket and to the printed duplicates of the trial docket and of the
journal direct, and to the appearance docket, record, and execution
docket, direct and reverse. All clerks keeping records and
information by the methods described in this section shall keep and
make readily available to the public the machine and equipment
necessary to reproduce the records and information in a readable
form.
(2)(a) In furtherance of the performance of the duties enjoined upon the clerk by statute, common law, and the Rules of Superintendence for the Courts of Ohio, an elected clerk of the court of common pleas is responsible for determining the best means and methods for storing, maintaining, and retrieving all papers delivered to the clerk, whether delivered in writing or in electronic form, in compliance with Rule 26 of the Rules of Superintendence for the Courts of Ohio. Once determined, the elected clerk of the court of common pleas is responsible for implementing the means and methods for storage, maintenance, and retrieval.
(b) In a court in which the clerk of the court of common pleas is appointed in a charter county, the clerk shall perform the duties pursuant to the county charter.
(C) The clerk of the court of common pleas shall keep confidential information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code, in accordance with that section.
(D)(1)
Subject to division (D)(2) of this section, not later than eighteen
months after the effective date of this
amendment April 6, 2023,
the clerk of court shall make available online on the clerk of
court's web site the general docket of the court for remote access
and printing by the public of the information in that docket,
including all individual documents in each case file, pertaining to
civil cases filed on or after the
effective date of this amendment
April 6, 2023.
(2) The clerk of court is not required to make available online under division (D)(1) of this section either of the following:
(a) The general docket of the division of domestic relations, the juvenile court, or the probate court;
(b) If the court does not have a division of domestic relations, the general docket in civil cases pertaining to domestic relations.
(E) Nothing in division (D) of this section shall be construed as making available online any of the following:
(1) Internal documents such as notes, emails, drafts, recommendations, advice, or research of judicial officers and court staff;
(2) Any document or any information in a case file the public access to which the court has ordered restricted under the Rules of Superintendence for the Courts of Ohio.
Sec.
2303.26. The clerk of the court of common pleas shall
exercise the powers conferred and perform the duties enjoined upon
the clerk by statute and by the common law;
and in the performance of official duties the clerk shall be under
the direction of the court. The clerk shall not
restrict, prohibit, or otherwise modify the rights of parties to seek
service on party defendants allowed by the Rules of Civil Procedure,
either singularly or concurrently.
Sec. 2329.01. (A) Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject to the payment of debts, and liable to be taken on execution and sold as provided in sections 2329.02 to 2329.61 of the Revised Code.
(B) As used in sections 2329.02 to 2329.61 of the Revised Code:
(1) "Commercial property" means any property that is not residential property.
(2) "Private selling officer" means a resident of this state licensed as both an auctioneer under Chapter 4707. of the Revised Code and as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code.
(3) "Residential mortgage loan" and "residential property" have the same meanings as in section 2308.01 of the Revised Code.
(4) "Judgment debtor" includes any individual, corporation, business trust, estate, trust, partnership, or association.
Sec. 2329.44. (A) On a sale made pursuant to this chapter, if the officer who makes the sale receives from the sale more money than is necessary to satisfy the writ of execution, with interest and costs, the officer who made the sale shall deliver any balance remaining after satisfying the writ of execution, with interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of the sale. The clerk then shall do one of the following:
(1)
(1)(a) If the
balance is one five
hundred dollars or more, send to the judgment debtor whose
property was the subject of the sale a notice that indicates the
amount of the balance, informs the judgment debtor that the judgment
debtor is entitled to receive the balance, and sets forth the
procedure that the judgment debtor is required to follow to obtain
the balance. This Subject
to divisions (A)(1)(b) and (c) of this section, this notice
shall be sent to in
the following manner:
(i) To the judgment debtor at the address of the judgment debtor in the caption on the judgment or at any different address the judgment debtor may have provided, by certified mail, return receipt requested, within ninety days after the sale.
(ii) If the certified mail envelope sent under division (A)(1)(a)(i) of this section is returned with an endorsement showing failure or refusal of delivery, the clerk immediately shall send the judgment debtor, at the address of the judgment debtor in the caption on the judgment or any different address the judgment debtor may have provided, a similar notice by ordinary mail.
(iii)
If the ordinary mail envelope sent
under division (A)(1)(a)(ii) of this section is returned
for any reason, the clerk immediately shall give a similar notice to
the judgment debtor that includes the case
number, the name of the judgment debtor, if known, and information on
how to contact the clerk by an advertisement in a
newspaper published in and of general circulation in the county,
which advertisement shall run at least once.
The advertisement shall include the case number, the name of the
judgment debtor, and information on how to contact the clerk,
a posting on the clerk's web site, a text message to the judgment
debtor, or a posting in a conspicuous place in the court where the
action was commenced.
(b) If the address of the judgment debtor is not known, the clerk shall not send a notice by mail under division (A)(1)(a)(i) or (ii) of this section, but shall comply with division (A)(1)(a)(iii) of this section.
(c) If the name of the judgment debtor is not known, but the address of the judgment debtor is known, the clerk shall send the notice required under division (A)(1)(a) of this section in the manner prescribed by division (A)(1)(a)(i), (ii), or (iii) of this section.
(d)
If the balance remains unclaimed for ninety days following
the first date of last
mailing, publication, posting, or
text message required under division (A)(1)(a), (b), or (c) of this
section, the clerk shall dispose of the balance in the
same manner as unclaimed money is disposed of under sections 2335.34
and 2335.35 of the Revised Code.
(2)(2)(a)
If the balance is less than one five
hundred dollars, send to the judgment debtor whose
property was the subject of the sale a notice that indicates the
amount of the balance, informs the judgment debtor that the judgment
debtor is entitled to receive the balance, and sets forth the
procedure that the judgment debtor is required to follow to obtain
the balance. This notice shall be sent to the judgment debtor at
in the following manner:
(i) At the address of the judgment debtor in the caption on the judgment or at any different address the judgment debtor may have provided, by ordinary mail;
(ii) If the address of the judgment debtor is not known, the clerk shall notify the judgment debtor in the same manner prescribed by division (A)(1)(a)(iii) of this section.
(iii) If the name of the judgment debtor is not known, but the address of the judgment debtor is known, the clerk shall notify the judgment debtor in the manner prescribed by either division (A)(2)(a)(i) or (A)(1)(a)(iii) of this section.
(b) If the balance remains unclaimed for ninety days following the date of the last mailing, publication, posting, or text message required by division (A)(2)(a) of this section, the clerk shall dispose of the balance in the same manner as unclaimed money is disposed of under sections 2335.34 and 2335.35 of the Revised Code.
(B)(1) Subject to division (B)(2) of this section, the clerk of the court that issued the writ of execution, on demand and whether or not the notice required by division (A)(1) or (2) of this section is provided as prescribed, shall pay the balance to the judgment debtor or the judgment debtor's legal representatives.
(2) The clerk of the court that issued the writ of execution is not required to pay the balance to the judgment debtor or the judgment debtor's legal representatives pursuant to division (B)(1) of this section until the judgment debtor or the legal representatives pay to the clerk the actual costs incurred in the provision of the notice required by division (A)(1) or (2) of this section.
Sec. 2921.42. (A) No public official shall knowingly do any of the following:
(1) Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest;
(2) Authorize, or employ the authority or influence of the public official's office to secure the investment of public funds in any share, bond, mortgage, or other security, with respect to which the public official, a member of the public official's family, or any of the public official's business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees;
(3) During the public official's term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder;
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected;
(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and that involves more than one hundred fifty dollars.
(B) In the absence of bribery or a purpose to defraud, a public official, member of a public official's family, or any of a public official's business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested;
(2) The shares owned or controlled by that person do not exceed five per cent of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed five per cent of the total indebtedness of the corporation or other organization;
(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person's exact status in connection with the corporation or other organization.
(C) This section does not apply to a public contract in which a public official, member of a public official's family, or one of a public official's business associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official's family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(D) Division (A)(4) of this section does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee's office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.
(E) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (A)(1) or (2) of this section is a felony of the fourth degree. Violation of division (A)(3), (4), or (5) of this section is a misdemeanor of the first degree.
(F) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with sections 309.06 and 2921.421 of the Revised Code, for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with sections 733.621 and 2921.421 of the Revised Code, or for a township law director appointed under section 504.15 of the Revised Code to appoint assistants and employees in accordance with sections 504.151 and 2921.421 of the Revised Code.
(G) This section does not apply to a public contract in which a township trustee in a township with a population of five thousand or less in its unincorporated area, a member of the township trustee's family, or one of the township trustee's business associates has an interest, if all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the township and the amount of the contract is less than five thousand dollars per year;
(2) The supplies or services are being furnished to the township as part of a continuing course of dealing established before the township trustee held that office with the township;
(3) The treatment accorded the township is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted with full knowledge by the township of the interest of the township trustee, member of the township trustee's family, or the township trustee's business associate.
(H) This section does not apply to a public contract in which a mayor or other executive officer of a village, a member of the mayor or other executive officer's family, or one of the mayor or other executive officer's business associates has an interest, if all of the following apply:
(1) The mayor or other executive officer has no role in deciding whether to approve the contract and does not cast a vote as a member of the village legislative authority or directly engage voting members of the village legislative authority to secure approval of the contract.
(2) The treatment accorded the village or agency or instrumentality of the village is either preferential to or the same as that accorded other customers or clients in similar transactions.
(3) The entire transaction, including the approval and awarding of the contract, is conducted with full knowledge by the village legislative authority or other contracting authority of the interest of the mayor or other executive officer, member of the mayor or other executive officer's family, or the mayor or other executive officer's business associate.
(I) Any public contract in which a public official, a member of the public official's family, or any of the public official's business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official's family, or any of the public official's business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.
(I)
(J) As used in
this section:
(1) "Public contract" means any of the following:
(a) The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the state, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the state, any of its political subdivisions, or any agency or instrumentality of either;
(b) A contract for the design, construction, alteration, repair, or maintenance of any public property.
(2) "Chief legal officer" has the same meaning as in section 733.621 of the Revised Code.
Sec. 3301.95. On at least an annual basis, the department of education and workforce shall provide all school districts with best practices to help ensure the educational stability of students who are in the custody of a public children services agency or private child placing agency.
Sec. 3313.6414. A school district in which a foster child is enrolled after being placed in a residential facility, as defined in section 2151.46 of the Revised Code, shall assess the needs of the child for appropriate services and interventions. To avoid duplicative assessments and minimize any negative impact on the child, the school district shall utilize all available existing assessments regarding the child. The school district shall use the results of its assessment to make recommendations to the public children services agency or private child placing agency with custody of the child.
The school district shall make recommendations for services and interventions for the child based on its assessment and, to the extent permitted by state and federal law, share the recommendations with the public children services agency or private child placing agency with custody of the child and the residential facility.
Sec. 3376.01. As used in this chapter:
(A) "Athlete agent" means an individual who holds a current and valid certificate of registration issued under section 4771.08 of the Revised Code or certificate of convenience issued under section 4771.09 of the Revised Code.
(B) "Institutional marketing associate" means any third-party entity that enters into a contract with, or otherwise acts on behalf of, a state institution of higher education, private college, or an institution's or college's intercollegiate athletics department. "Institutional marketing associate" does not include either of the following:
(1) A state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics;
(2) A staff member, employee, officer, director, manager, or owner of any of the entities described under division (B)(1) of this section.
(C) "Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by a state institution of higher education or private college, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.
(D) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B)
(E) "Student-athlete"
means an individual who is eligible to participate in, participates
in, or has participated in intercollegiate athletics for a state
institution of higher education or private college. "Student-athlete"
does not include an individual who participates in intramural
athletics at a state institution of higher education or private
college or who participates in professional athletics.
(F) "Third-party entity" means any individual or entity, including an athlete agent, other than a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics.
(G) "Private college" has the same meaning as in section 3365.01 of the Revised Code.
Sec.
3376.02. (A) No state
institution of higher education or private college shall uphold any
rule, requirement, standard, or other limitation that prevents a
student student-athlete
of that institution or college from fully participating in
intercollegiate athletics because the student
earns student-athlete does
either of the following:
(1)
Earns compensation as a result of the use of the student's
student-athlete's name,
image, or likeness or any other compensation
related to the student-athlete's position on the roster of an
intercollegiate athletics team;
(2) Obtains professional representation from an athlete agent or attorney.
(B)
Earning compensation from the use of a student's
student-athlete's name,
image, or likeness, or obtaining
professional representation from an athlete agent or attorney,
shall not affect the student's
student-athlete's
scholarship eligibility or renewal.
Sec.
3376.03. An athletic association, conference, or other
group or organization with authority over intercollegiate athletics,
including the national collegiate athletic association or its
successor organization, shall not do either
any of the
following:
(A)
Prevent a student student-athlete
of a state institution of higher education or private
college from fully participating in intercollegiate athletics because
the student earns student-athlete
does either of the following:
(1)
Earns compensation as a result of the use of the student's
student-athlete's name,
image, or likeness or any other compensation
related to the student-athlete's position on the roster of an
intercollegiate athletics team;
(2) Obtains professional representation from an athlete agent or attorney.
(B)
Prevent a state institution of higher education or private college
from fully becoming
a member of the athletic association, conference, or other group or
organization or from participating in intercollegiate
athletics sponsored by the athletic
association, conference, or other group or organization because
a student student-athlete
of that institution or college participating in
intercollegiate athletics does either of the following:
(1)
Uses Earns
compensation from the use of the student's
student-athlete's name,
image, or likeness or any other compensation
related to the student-athlete's position on the roster of an
intercollegiate athletics team;
(2)
Obtains professional representation in
relation to contracts or legal matters regarding opportunities to
earn compensation for use of the student's name, image, or likeness
from an athlete agent or attorney.
(C) Consider a complaint, initiate an investigation, or take any adverse action against a state institution of higher education, private college, institutional marketing associate, or third-party entity for engaging in any conduct authorized under this chapter;
(D) Penalize a state institution of higher education, private college, or student-athlete, or prevent the institution, college, or student-athlete from participating in intercollegiate athletics, because another individual or third-party entity whose purpose includes supporting or benefiting the institution, college, or student-athlete violates a rule or regulation of the athletic association, conference, or other group or organization that addresses compensation for use of a student-athlete's name, image, or likeness.
(E) Prevent a state institution of higher education or private college from compensating a student-athlete for use of the student-athlete's name, image, or likeness or providing any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;
(F) Prevent a state institution of higher education, private college, institutional marketing associate, or third-party entity from identifying, creating, facilitating, negotiating, supporting, assisting with, engaging with, or otherwise enabling opportunities for a student-athlete to earn compensation for use of the student-athlete's name, image, or likeness.
Sec. 3376.04. No state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall do any of the following:
(A)
Provide a prospective student who
intends to participate in intercollegiate athletics with Prevent
a student-athlete from earning compensation in
relation to the prospective student's for
use of the student-athlete's name, image, or likeness
if the student-athlete earns that compensation in accordance with
this chapter;
(B)
Prevent a student who resides in this
state and participates in intercollegiate athletics student-athlete
from obtaining professional representation in
relation to contracts or legal matters regarding opportunities to be
compensated for use of the student's name, image, or likenessfrom
an athlete agent or attorney;
(C)
Interfere with or prevent a student
student-athlete from
fully participating in intercollegiate athletics because the student
student-athlete obtains
professional representation in relation
to contracts or legal matters regarding opportunities to earn
compensation for use of the student's name, image, or likenessfrom
an athlete agent or attorney.
(D) Enter into, renew, or modify any agreement that prohibits a student-athlete from earning compensation for use of the student-athlete's name, image, or likeness while the student-athlete is engaged in activities that do not relate to academic, athletic department, or official team activities.
Sec.
3376.06. (A) As used in this
section:
(1) "Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the institution or college, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.
(2) "Student" means an individual enrolled at a state institution of higher education or private college who participates in intercollegiate athletics.
(B)
A state institution of higher education's or private
college's contract with a student
student-athlete shall
not prevent the student student-athlete
from using the student's
student-athlete's name,
image, or likeness for a commercial purpose when the student
student-athlete is
not engaged in official team activities.
(C)(B)
A student student-athlete
shall not enter into a contract providing compensation to
the student student-athlete
for use of the student's
student-athlete's name,
image, or likeness that requires the student
student-athlete to
display a sponsor's product, or otherwise advertise for a sponsor,
during official team activities or any
other time if that requirement is in conflict with a
provision of a contract to which a state institution of higher
education or private college is a party.
(D)(1)(C)(1)
A student student-athlete
who intends to enter into a verbal or written contract
providing compensation to the student
student-athlete for
use of the student's student-athlete's
name, image, or likeness shall disclose the proposed
contract to an official of the state institution of higher education
or private college for review by the institution or college. The
institution or college shall designate an official to whom the
student student-athlete
is to disclose the proposed contract.
(2)
If a state institution of higher education or private college
identifies a conflict between the proposed verbal or written contract
described in division (D)(1) (C)(1)
of this section and any existing provisions of a contract
to which the institution or college is a party, the institution or
college shall communicate to the student
student-athlete the
relevant contract provision that is in conflict. The student
student-athlete shall
not enter into the proposed contract, but the student
student-athlete may
negotiate a revision to the proposed contract to avoid the conflict.
The revised proposed contract is subject to review by the institution
or college to ensure compliance with this chapter.
(E)
(3) Any contract, proposed
contract, or related documentation disclosed to a state institution
of higher education or private college under this section is
confidential and not a public record for purposes of section 149.43
of the Revised Code.
(D)
A state institution of higher education or private college
may establish reasonable policies or standards to address a student's
student-athlete's failure
to provide the disclosure required under division
(D)(1) of this section or any other failure to comply
with the requirements of this chapter.
Sec.
3376.07. A state institution of higher education, private
college, athletic association, conference, or other group or
organization with authority over intercollegiate athletics may
prohibit a student who participates in
intercollegiate athletics student-athlete
from entering into a contract providing compensation to
the student student-athlete
for use of the student's
student-athlete's name,
image, or likeness if under the contract the student's
student-athlete's name,
image, or likeness is associated with any of the following:
(A) Any company that manufactures, markets, or sells, or brand that is associated with, a controlled substance, marihuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body;
(B) Any medical marijuana cultivator, processor, laboratory, or retail dispensary licensed under Chapter 3796. of the Revised Code or under the laws of another state;
(C) Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity;
(D) Any casino or entity that sponsors or promotes gambling activities;
(E)
Any other category of companies, brands, or types of contracts that
are similar to those described in divisions (A) to (D) of this
section that the institution or college communicates to the student
student-athlete before
the student student-athlete
enrolls at the institution or college.
Sec. 3376.08. Nothing in this chapter does any of the following:
(A)
Requires a state institution of higher education, private college,
athletic association, conference, or other group or organization with
authority over intercollegiate athletics to identify, create,
facilitate, negotiate, or otherwise enable opportunities for a
student student-athlete
to earn compensation for use of the student's
student-athlete's name,
image, or likeness or any other compensation
related to the student-athlete's position on the roster of an
intercollegiate athletics team;
(B)
Establishes or grants to a student
student-athlete any
right to use the name, trademarks, services marks, logos, symbols, or
any other intellectual property, regardless of whether the
intellectual property is registered with the appropriate authority,
that belong to a state institution of higher education, private
college, athletic association, conference, or other group or
organization with authority over intercollegiate athletics, to
further the student's student-athlete's
opportunities to earn compensation for use of the
student's student-athlete's
name, image, or likeness or any
other compensation related to the student-athlete's position on the
roster of an intercollegiate athletics team;
(C) Limits the rights of a state institution of higher education or private college to establish and enforce any of the following:
(1)
Academic standards, requirements, regulations, or obligations for its
studentsstudent-athletes;
(2) Team rules of conduct or other rules of conduct;
(3) Standards or policies regarding the governance or operation of or participation in intercollegiate varsity athletics;
(4) Disciplinary rules and standards generally applicable to all students of the institution or college.
Sec. 3376.09. (A) A state institution of higher education or private college may do either of the following:
(1) Except as provided in division (B) of this section, compensate a student-athlete for use of the student-athlete's name, image, or likeness;
(2) Provide money, assets, resources, opportunities, services, or other benefits to an institutional marketing associate or third-party entity to incentivize it to facilitate opportunities for a student-athlete to earn compensation for use of the student-athlete's name, image, or likeness.
(B) No state institution of higher education or private college shall use any fees paid to the institution or college by or on behalf of students attending that institution or college to compensate a student-athlete for use of the student-athlete's name, image, or likeness.
Sec. 3376.10. Except as authorized by a state institution of higher education or private college, no student-athlete, to further the student-athlete's opportunities to earn compensation for use of the student-athlete's name, image, or likeness, shall use any of the following that belong to the institution or college:
(A) Facilities;
(B) Equipment;
(C) Apparel;
(D) Uniforms;
(E) Intellectual property, including logos, indicia, products protected by copyright, and registered or unregistered trademarks.
Sec.
3345.56
3376.11.
Notwithstanding any provision of the Revised Code to the
contrary, a student student-athlete
attending a state university
as defined in section 3345.011 of the Revised Code institution
of higher education or private college is not an employee
of the state university institution
or college based upon either of
the student's following:
(A)
The student-athlete's participation in an athletic program
offered by the state university.
institution or college;
(B) The institution or college compensating the student-athlete for use of the student-athlete's name, image, or likeness.
Sec. 3376.12. (A) A student-athlete alleging that the student-athlete has been injured because a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics has violated this chapter may maintain an action in any court of competent jurisdiction to seek injunctive relief.
(B) A state institution of higher education, private college, institutional marketing associate, or third-party entity alleging that an athletic association, conference, or other group or organization with authority over intercollegiate athletics has subjected the institution, college, associate, or entity to any actual or threatened complaint, investigation, penalty, or other adverse action for engaging in any conduct authorized under this chapter may maintain an action in any court of competent jurisdiction to seek injunctive relief.
(C) No employee of a state institution of higher education, private college, institutional marketing associate, or third-party entity is liable for any damages that result from a student-athlete's inability to earn compensation for use of the student-athlete's name, image, or likeness because of a decision or action that routinely occurs in the course of intercollegiate athletics.
Sec. 3376.13. No student-athlete who is less than eighteen years of age shall enter into a contract that provides the student-athlete with compensation for use of the student-athlete's name, image, or likeness unless the contract includes the written consent of the student-athlete's parent, guardian, or custodian for the student-athlete to enter into the contract."
After line 5491, insert:
"Sec. 3792.07. (A) As used in this section:
(1) "Health-related licensing board" has the same meaning as in section 3719.062 of the Revised Code.
(2) "Hospital" has the same meaning as in section 3722.01 of the Revised Code and includes a hospital owned or operated by the United States department of veterans affairs.
(3) "Inpatient facility" means either or both of the following:
(a) A skilled nursing facility as defined in section 5165.01 of the Revised Code;
(b) A freestanding inpatient rehabilitation facility licensed under section 3702.30 of the Revised Code.
(4) "Patient's personal representative" has the same meaning as in section 3701.74 of the Revised Code.
(5) "Pharmacist" means an individual who holds a license issued under section 4729.08 of the Revised Code authorizing the individual to practice pharmacy.
(6) "Political subdivision" means a county, township, municipal corporation, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. "Political subdivision" also includes a board of health of a city or general health district.
(7) "Prescriber" has the same meaning as in section 4729.01 of the Revised Code.
(8) "Public official" means any officer, employee, or duly authorized agent or representative of a state agency or political subdivision.
(9) "State agency" means any organized agency, board, body, commission, department, institution, office, or other entity established by the laws of the state for the exercise of any function of state government. "State agency" does not include a court.
(B) A health-related licensing board, department of health, state board of pharmacy, or other state board or agency responsible for the licensure or regulation of health care professionals shall neither infringe on medical free speech nor pursue, or threaten to pursue, an administrative or disciplinary action against a prescriber, pharmacist, or other licensed health care professional or hospital or inpatient facility for publicly or privately expressing a medical opinion that does not align with the opinions of the board or agency, a board of health of a city or general health district, the department of health, or other health authority.
(C) The world health organization has no jurisdiction in this state. Therefore, no political subdivision, public official, or state agency shall enforce or use any state funding to implement or incentivize any health policy guideline, mandate, recommendation, or rule issued by the world health organization, including the prohibition of issuing a prescription for or dispensing of a drug, including an off-label drug.
(D) At no time shall a patient in a hospital or inpatient facility be denied sufficient means of fluids or nutrition, unless that wish is clearly stated by the patient or patient's personal representative or documented in the patient's advance directive, or the denial is necessary for a medical procedure, including a diagnostic or surgical procedure, and then only for the shortest amount of time medically possible and with the informed consent of the patient or patient's personal representative.
Sec. 3902.63. (A) On and after the effective date of this section, and notwithstanding section 3901.71 of the Revised Code, the cost-sharing requirement, on a per day basis, imposed by a health benefit plan for services rendered by an occupational therapist or physical therapist licensed under Chapter 4755. of the Revised Code or a chiropractor licensed under Chapter 4734. of the Revised Code shall not be greater than the cost-sharing requirement imposed by the plan for an office visit to a primary care physician or primary care osteopath physician licensed pursuant to Chapter 4731. of the Revised Code.
(B) A health plan issuer shall clearly state on its web site and on all relevant literature that coverage for occupational therapy, physical therapy, and chiropractic services is available under the issuer's health benefit plans, as well as all related limitations, conditions, and exclusions.
(C) A violation of this section shall be considered an unfair and deceptive practice in the business of insurance under sections 3901.19 to 3901.26 of the Revised Code.
Sec. 3902.64. (A) As used in this section:
(1) "Hearing aid" means any wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing, including all attachments, accessories, and parts thereof, except batteries and cords, that is dispensed by a licensed audiologist, a licensed hearing aid dealer or fitter, or an otolaryngologist.
(2) "Otolaryngologist" means a licensed physician who practices otolaryngology.
(3) "Related services" means services necessary to assess, select, and appropriately adjust or fit a hearing aid to ensure optimal performance.
(B) On and after the effective date of this section, and notwithstanding section 3901.71 of the Revised Code, a health benefit plan shall provide coverage for the full cost of both of the following:
(1) One hearing aid per hearing-impaired ear up to two thousand five hundred dollars every forty-eight months for a covered person twenty-one years of age or younger who is verified as being deaf or hearing impaired by a licensed audiologist or by an otolaryngologist or other licensed physician;
(2) All related services prescribed by an otolaryngologist or recommended by a licensed audiologist and dispensed by a licensed audiologist, a licensed hearing aid dealer or fitter, or an otolaryngologist.
(C) A covered person may choose a higher priced hearing aid and may pay the difference in cost above the two-thousand-five-hundred-dollar required coverage required by this section without any financial or contractual penalty to the covered person or to the provider of the hearing aid.
(D) A health plan issuer is not required to pay a claim for the cost of a hearing aid as required by division (B) of this section if, less than forty-eight months prior to the date of the claim, the covered person received the coverage required under division (B) of this section from any health benefit plan.
(E)(1) A health benefit plan shall only provide coverage for hearing aids that are considered medically appropriate to meet the needs of the covered person, according to professional standards established by the state speech and hearing professionals board.
(2) A health benefit plan shall not exclude coverage for any hearing aid that would be considered medically appropriate to meet the needs of the covered person, according to professional standards established by the state speech and hearing professionals board.
(3) The state speech and hearing professionals board shall adopt professional standards concerning hearing aids as needed to evaluate the compliance of a health benefit plan with this section."
Delete lines 5492 through 5688
After line 5688, insert:
"Sec. 4501.21. (A) There is hereby created in the state treasury the license plate contribution fund. The fund shall consist of all contributions for specialty license plates paid by motor vehicle registrants and collected by the registrar of motor vehicles pursuant to the Revised Code sections referenced in division (B) of this section.
(B) The registrar shall pay the contributions the registrar collects in the fund as follows:
The registrar shall pay the contributions received pursuant to section 4503.491 of the Revised Code to the breast cancer fund of Ohio, which shall use that money only to pay for programs that provide assistance and education to Ohio breast cancer patients and that improve access for such patients to quality health care and clinical trials and shall not use any of the money for abortion information, counseling, services, or other abortion-related activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.492 of the Revised Code to the organization cancer support community central Ohio, which shall deposit the money into the Sheryl L. Kraner Fund of that organization. Cancer support community central Ohio shall expend the money it receives pursuant to this division only in the same manner and for the same purposes as that organization expends other money in that fund.
The registrar shall pay the contributions received pursuant to section 4503.493 of the Revised Code to the autism society of Ohio, which shall use the contributions for programs and autism awareness efforts throughout the state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.494 of the Revised Code to the national multiple sclerosis society for distribution in equal amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley chapters of the national multiple sclerosis society. These chapters shall use the money they receive under this section to assist in paying the expenses they incur in providing services directly to their clients.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.495 of the Revised Code to the national pancreatic cancer foundation, which shall use the money it receives under this section to assist those who have pancreatic cancer and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.496 of the Revised Code to the Ohio sickle cell and health association, which shall use the contributions to help support educational, clinical, and social support services for adults who have sickle cell disease.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.497 of the Revised Code to the St. Baldrick's foundation, which shall use the contributions for its research and other programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.498 of the Revised Code to special olympics Ohio, inc., which shall use the contributions for its programs, charitable efforts, and other activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.499 of the Revised Code to the children's glioma cancer foundation, which shall use the contributions for its research and other programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.4910 of the Revised Code to the KylerStrong foundation, which shall use the contributions to raise awareness of brain cancer caused by diffuse intrinsic pontine glioma and to fund research for the cure of such cancer.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.4911 of the Revised Code to the research institution for childhood cancer at nationwide children's hospital, which shall use the contributions to fund research for the cure of childhood cancers.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.501 of the Revised Code to the 4-H youth development program of the Ohio state university extension program, which shall use those contributions to pay the expenses it incurs in conducting its educational activities.
The registrar shall pay the contributions received pursuant to section 4503.502 of the Revised Code to the Ohio cattlemen's foundation, which shall use those contributions for scholarships and other educational activities.
The registrar shall pay the contributions received pursuant to section 4503.505 of the Revised Code to the organization Ohio region phi theta kappa, which shall use those contributions for scholarships for students who are members of that organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.506 of the Revised Code to Ohio demolay, which shall use the contributions for scholarships, educational programs, and any other programs or events the organization holds or sponsors in this state.
The registrar shall pay the contributions received pursuant to section 4503.507 of the Revised Code to the Ohio aerospace institute, which shall use those contributions to facilitate student internships in aerospace and educational programming.
The registrar shall pay the contributions received pursuant to section 4503.508 of the Revised Code to the organization bottoms up diaper drive to provide funding for that organization for collecting and delivering diapers to parents in need.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.509 of the Revised Code to a kid again, incorporated for distribution in equal amounts to the Ohio chapters of a kid again.
The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.514 of the Revised Code to the university of Notre Dame in South Bend, Indiana, for purposes of awarding grants or scholarships to residents of Ohio who attend the university. The university shall not use any of the funds it receives for purposes of administering the scholarship program. The registrar shall enter into appropriate agreements with the university of Notre Dame to effectuate the distribution of such funds as provided in this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.516 of the Revised Code to Marshall university in Huntington, West Virginia, for purposes of awarding grants or scholarships to residents of Ohio who attend the university. The university shall not use any of the funds it receives for purposes of administering the scholarship program. The registrar shall enter into appropriate agreements with Marshall university to effectuate the distribution of such funds as provided in this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.517 of the Revised Code to the university of Alabama in Tuscaloosa, Alabama, for purposes of awarding grants or scholarships to residents of Ohio who attend the university. The university shall not use any of the funds it receives for purposes of administering the scholarship program. The registrar shall enter into appropriate agreements with the university of Alabama to effectuate the distribution of such funds as provided in this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.518 of the Revised Code to the Nationwide children's hospital, which shall use the contributions for the "On Our Sleeves" campaign.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.519 of the Revised Code equally to NAMI Ohio (national alliance on mental illness of Ohio), Ohio peer recovery organizations, and OCAAR (Ohio citizen advocates for addiction recovery).
The registrar shall pay the contributions the registrar receives pursuant to section 4503.521 of the Revised Code to the Ohio bicycle federation to assist that organization in paying for the educational programs it sponsors in support of Ohio cyclists of all ages.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.522 of the Revised Code to the "friends of Perry's victory and international peace memorial, incorporated," a nonprofit corporation organized under the laws of this state, to assist that organization in paying the expenses it incurs in sponsoring or holding charitable, educational, and cultural events at the monument.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.523 of the Revised Code to the fairport lights foundation, which shall use the money to pay for the restoration, maintenance, and preservation of the lighthouses of fairport harbor.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.524 of the Revised Code to the Massillon tiger football booster club, which shall use the contributions only to promote and support the football team of Washington high school of the Massillon city school district.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.525 of the Revised Code to the United States power squadron district seven which shall annually distribute the contributions in equal amounts to all United States power squadrons located in the state. Each power squadron district shall use the money it receives under this section to pay for the educational boating programs each district holds or sponsors within this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.526 of the Revised Code to the Ohio district Kiwanis foundation of the Ohio district of Kiwanis international, which shall use the money it receives under this section to pay the costs of its educational and humanitarian activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.528 of the Revised Code to the Ohio children's alliance, which shall use the money it receives under this section to pay the expenses it incurs in advancing its mission of sustainably improving the provision of services to children, young adults, and families in this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.529 of the Revised Code to the Ohio nurses foundation. The foundation shall use the money it receives under this section to provide educational scholarships to assist individuals who aspire to join the nursing profession, to assist nurses in the nursing profession who seek to advance their education, and to support persons conducting nursing research concerning the evidence-based practice of nursing and the improvement of patient outcomes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.531 of the Revised Code to the thank you foundation, incorporated, a nonprofit corporation organized under the laws of this state, to assist that organization in paying for the charitable activities and programs it sponsors in support of United States military personnel, veterans, and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.532 of the Revised Code to the Ohio history connection, which shall use the contributions for the benefit of the Paul Laurence Dunbar house.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.533 of the Revised Code to the nonprofit organization Ohio conference of teamsters and industry health and welfare fund, which shall use the contributions to further the nonprofit's mission.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.534 of the Revised Code to the disabled American veterans department of Ohio, to be used for programs that serve disabled American veterans and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.541 of the Revised Code to Dolly Parton's imagination library of Ohio. The library shall use the money it receives under this section for operational costs, including the distribution of books.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into a special bank account that it establishes and which shall be separate and distinct from any other account the pro football hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.
The registrar shall pay the contributions that are paid to the registrar pursuant to section 4503.545 of the Revised Code to the national rifle association foundation, which shall use the money to pay the costs of the educational activities and programs the foundation holds or sponsors in this state.
The registrar shall pay to the Ohio pet fund the contributions the registrar receives pursuant to section 4503.551 of the Revised Code and any other money from any other source, including donations, gifts, and grants, that is designated by the source to be paid to the Ohio pet fund. The Ohio pet fund shall use the moneys it receives under this section to support programs for the sterilization of dogs and cats and for educational programs concerning the proper veterinary care of those animals, and for expenses of the Ohio pet fund that are reasonably necessary for it to obtain and maintain its tax-exempt status and to perform its duties.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.552 of the Revised Code to the rock and roll hall of fame and museum, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.553 of the Revised Code to the Ohio coalition for animals, incorporated, a nonprofit corporation. Except as provided in division (B) of this section, the coalition shall distribute the money to its members, and the members shall use the money only to pay for educational, charitable, and other programs of each coalition member that provide care for unwanted, abused, and neglected horses. The Ohio coalition for animals may use a portion of the money to pay for reasonable marketing costs incurred in the design and promotion of the license plate and for administrative costs incurred in the disbursement and management of funds received under this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.554 of the Revised Code to the Ohio state council of the knights of Columbus, which shall use the contributions to pay for its charitable activities and programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.555 of the Revised Code to the western reserve historical society, which shall use the contributions to fund the Crawford auto aviation museum.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.556 of the Revised Code to the Erica J. Holloman foundation, inc., for the awareness of triple negative breast cancer. The foundation shall use the contributions for charitable and educational purposes.
The registrar shall pay each contribution the registrar receives pursuant to section 4503.557 of the Revised Code to the central Ohio chapter of the Ronald McDonald house charities, which shall distribute the contribution to the chapter of the Ronald McDonald house charities in whose geographic territory the person who paid the contribution resides.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.559 of the Revised Code to playhouse square, located in Cleveland, Ohio, which shall use the contributions to further its mission of presenting and producing a wide variety of quality performing arts, advancing arts education, and creating a superior destination for entertainment, business, and residential living.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state of Ohio chapter of ducks unlimited, inc., which shall deposit the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which such payments are to be made.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.562 of the Revised Code to the Mahoning river consortium, which shall use the money to pay the expenses it incurs in restoring and maintaining the Mahoning river watershed.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.564 of the Revised Code to the Glen Helen association to pay expenses related to the Glen Helen nature preserve.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.565 of the Revised Code to the conservancy for Cuyahoga valley national park, which shall use the money in support of the park.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.566 of the Revised Code to the Ottawa national wildlife refuge, which shall use the contributions for wildlife preservation purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.567 of the Revised Code to the girls on the run of Franklin county, inc., which shall use the contributions to support the activities of the organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.569 of the Revised Code to the Ohio bird sanctuary, located in Mansfield, Ohio, which shall use the contributions for purposes of its operations, bird care and rehabilitation, and educational programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.576 of the Revised Code to the Ohio state beekeepers association, which shall use those contributions to promote beekeeping, provide educational information about beekeeping, and to support other state and local beekeeping programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.577 of the Revised Code to the national aviation hall of fame, which shall use the contributions to fulfill its mission of honoring aerospace legends to inspire future leaders.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.578 of the Revised Code to keep Ohio beautiful, incorporated, which shall use the contributions towards its mission of empowering Ohio communities to take greater responsibility for improving the local environment through litter prevention, beautification, community greening, waste reduction, and recycling.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.579 of the Revised Code to the national council of negro women, incorporated, which shall use the contributions for educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.581 of the Revised Code to the Ohio past detachment commander's club, inc., which shall use the contributions to support the activities of the organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.582 of the Revised Code to the progressive animal welfare society adoption center, inc., which shall use the contributions to support the activities of the center.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.583 of the Revised Code to the American legion, department of Ohio, inc., which shall use the contributions to support the activities of the organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.584 of the Revised Code to the Ohio natural energy institute to fund scholarships for students pursuing careers in the oil and natural gas industry.
The registrar shall pay to a sports commission created pursuant to section 4503.591 of the Revised Code each contribution the registrar receives under that section that an applicant pays to obtain license plates that bear the logo of a professional sports team located in the county of that sports commission and that is participating in the license plate program pursuant to division (E) of that section, irrespective of the county of residence of an applicant.
The registrar shall pay to a community charity each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant pays to obtain license plates that bear the logo of a professional sports team that is participating in the license plate program pursuant to division (G) of that section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.592 of the Revised Code to pollinator partnership's monarch wings across Ohio program, which shall use the contributions for the protection and preservation of the monarch butterfly and pollinator corridor in Ohio and for educational programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.594 of the Revised Code to pelotonia, which shall use the contributions for the purpose of supporting cancer research.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.595 of the Revised Code to the Stan Hywet hall and gardens.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.596 of the Revised Code to the Cuyahoga valley scenic railroad.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.597 of the Revised Code to the Circleville pumpkin show, incorporated, which shall use the contributions to promote good will surrounding the Circleville pumpkin show as a nonprofit annual event.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the Revised Code to the girl scouts of Ohio's heartland. The girl scouts of Ohio's heartland shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.70 of the Revised Code to the charitable foundation of the grand lodge of Ohio, f. & a. m., which shall use the contributions for scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.701 of the Revised Code to the Prince Hall grand lodge of free and accepted masons of Ohio, which shall use the contributions for scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.702 of the Revised Code to the Ohio Association of the Improved Benevolent and Protective Order of the Elks of the World, which shall use the funds for charitable purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.703 of the Revised Code to the Ohio state moose association.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.704 of the Revised Code to the Antioch shrine foundation located in the municipal corporation of Dayton.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account to be used for purposes of the fraternal order of police of Ohio, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and order.
The registrar shall pay the contributions received pursuant to section 4503.712 of the Revised Code to Ohio concerns of police survivors, which shall use those contributions to provide whatever assistance may be appropriate to the families of Ohio law enforcement officers who are killed in the line of duty.
The registrar shall pay the contributions received pursuant to section 4503.713 of the Revised Code to the greater Cleveland peace officers memorial society, which shall use those contributions to honor law enforcement officers who have died in the line of duty and support its charitable purposes.
The registrar shall pay the contributions received pursuant to section 4503.714 of the Revised Code to the Ohio association of chiefs of police.
The registrar shall pay the contributions the registrar receives, or has received, pursuant to section 4503.715 of the Revised Code to the community foundation of Ohio's electric cooperatives, which shall use the contributions to recognize and memorialize fallen or injured lineworkers and support their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.716 of the Revised Code to the fallen timbers battlefield preservation commission, which shall use the contributions to further the mission of the commission.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on March 31, 2003, as the Ohio CASA/GAL association, a private, nonprofit corporation organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected, and dependent children, and for the training and supervision of persons participating in that program.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.722 of the Revised Code to the Down Syndrome Association of Central Ohio, which shall use the contributions for advocacy purposes throughout the state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.724 of the Revised Code to the Ohio Chapter of the American Foundation for Suicide Prevention, which shall use the contributions for programs, education, and advocacy purposes throughout the state.
The registrar shall pay the contributions the registrar receives, or has received, pursuant to section 4503.725 of the Revised Code to the ALS united Ohio, incorporated, which shall split the contributions between that organization and the ALS association in accordance with any agreement between the two organizations. The contributions shall be used to discover treatments and a cure for ALS, and to serve, advocate for, and empower people affected by ALS to live their lives to the fullest.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B. Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.732 of the Revised Code to the Siegel Shuster society, a nonprofit organization dedicated to commemorating and celebrating the creation of Superman in Cleveland, Ohio.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.733 of the Revised Code to the central Ohio chapter of the juvenile diabetes research foundation, which shall distribute the contributions to the chapters of the juvenile diabetes research foundation in whose geographic territory the person who paid the contribution resides.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.734 of the Revised Code to the Ohio highway patrol auxiliary foundation, which shall use the contributions to fulfill the foundation's mission of supporting law enforcement education and assistance.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.74 of the Revised Code to the Columbus zoological park association, which shall disburse the moneys to Ohio's major metropolitan zoos, as defined in section 4503.74 of the Revised Code, in accordance with a written agreement entered into by the major metropolitan zoos.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.741 of the Revised Code to the Ohio house rabbit rescue, which shall use the contributions for its rescue, adoption, and educational programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on March 31, 2003, in Evanston, Illinois, to be placed in a fund known as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.751 of the Revised Code to the Ohio association of realtors, which shall deposit the contributions into a property disaster relief fund maintained under the Ohio realtors charitable and education foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.752 of the Revised Code to buckeye corvettes, incorporated, which shall use the contributions to pay for its charitable activities and programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.754 of the Revised Code to the municipal corporation of Twinsburg.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.755 of the Revised Code to the little brown jug society to assist the society in maintaining, promulgating, and operating the little brown jug as part of Ohio's rich harness racing history.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.763 of the Revised Code to the Ohio history connection to be used solely to build, support, and maintain the Ohio battleflag collection within the Ohio history connection.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.764 of the Revised Code to the Medina county historical society, which shall use those contributions to distribute between the various historical societies and museums in Medina county.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.765 of the Revised Code to the Amaranth grand chapter foundation, which shall use the contributions for communal outreach, charitable service, and scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.767 of the Revised Code to folds of honor of central Ohio, which shall use the contributions to provide scholarships to spouses and children either of disabled veterans or of members of any branch of the armed forces who died during their service.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.85 of the Revised Code to the Ohio sea grant college program to be used for Lake Erie area research projects.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.86 of the Revised Code to the Ohio Lincoln highway historic byway, which shall use those contributions solely to promote and support the historical preservation and advertisement of the Lincoln highway in this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.87 of the Revised Code to the Grove City little league dream field fund, which shall use those contributions solely to build, maintain, and improve youth baseball fields within the municipal corporation of Grove City.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.871 of the Revised Code to the Solon city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.872 of the Revised Code to the Canton city school district. The district may use the contributions for student welfare, but shall not use the contributions for any political purpose or to pay salaries of district employees.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.873 of the Revised Code to Padua Franciscan high school located in the municipal corporation of Parma. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.874 of the Revised Code to St. Edward high school located in the municipal corporation of Lakewood. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.875 of the Revised Code to Walsh Jesuit high school located in the municipal corporation of Cuyahoga Falls. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.876 of the Revised Code to the North Royalton city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.877 of the Revised Code to the Independence local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.878 of the Revised Code to the Cuyahoga Heights local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors, shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.879 of the Revised Code to the west technical high school alumni association, which shall use the contributions for activities sponsored by the association.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.88 of the Revised Code to the Kenston local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services that assist in developing or maintaining a culture of environmental responsibility and an innovative science, technology, engineering, art, and math (S.T.E.A.M.) curriculum to the school district's students. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.881 of the Revised Code to La Salle high school in the municipal corporation of Cincinnati. The high school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.882 of the Revised Code to St. John's Jesuit high school and academy located in the municipal corporation of Toledo. The school shall use the contributions it receives to provide tuition assistance for students attending the school.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.883 of the Revised Code to St. Charles preparatory school located in the municipal corporation of Columbus, which shall use the contributions for the school's alumni association and the alumni association's purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.884 of the Revised Code to Archbishop Moeller high school located in the municipal corporation of Cincinnati. The high school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.885 of the Revised Code to the Revere schools foundation. The foundation shall use the contributions to promote its mission, including awarding scholarships to honor young people who are meaningfully engaged in their school or community. The foundation shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.886 of the Revised Code to Stephen T. Badin high school in the municipal corporation of Hamilton.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.887 of the Revised Code to Bishop Hartley high school located in the municipal corporation of Columbus, which shall use the contributions for the school's alumni association and the alumni association's purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.888 of the Revised Code to St. Vincent-St. Mary high school located in the municipal corporation of Akron.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.89 of the Revised Code to the American red cross of greater Columbus on behalf of the Ohio chapters of the American red cross, which shall use the contributions for disaster readiness, preparedness, and response programs on a statewide basis.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.891 of the Revised Code to the Ohio lions foundation. The foundation shall use the contributions for charitable and educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.892 of the Revised Code to the Hudson city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.893 of the Revised Code to the Harrison Central jr./sr. high school located in the municipal corporation of Cadiz.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.899 of the Revised Code to the Cleveland clinic foundation, which shall use the contributions to support Cleveland clinic children's education, research, and patient services.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.90 of the Revised Code to the nationwide children's hospital foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.901 of the Revised Code to the Ohio association for pupil transportation, which shall use the money to support transportation programs, provide training to school transportation professionals, and support other initiatives for school transportation safety.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.902 of the Revised Code to St. Ignatius high school located in the municipal corporation of Cleveland. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.903 of the Revised Code to the Brecksville-Broadview Heights city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.904 of the Revised Code to the Chagrin Falls exempted village school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.905 of the Revised Code to the Cuyahoga valley career center. The career center shall use the contributions it receives to pay the expenses it incurs in providing services to the career center's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The career center's superintendent or in the career center's superintendent's discretion, the school board or appropriate school counselors shall determine any charitable organizations that the career center hires to provide those services. The career center also may use the contributions it receives to pay for members of the faculty of the career center to receive training in providing such services to the students of the career center. The career center shall ensure that any charitable organization that is hired by the career center is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The career center shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.906 of the Revised Code to the Stow-Munroe Falls city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.907 of the Revised Code to the Twinsburg city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.908 of the Revised Code to St. Xavier high school located in Springfield township in Hamilton county. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.909 of the Revised Code to the Grandview Heights city school district, which shall use the contributions for its gifted programs and special education and related services.
The registrar shall pay the contributions received pursuant to section 4503.92 of the Revised Code to support our troops, incorporated, a national nonprofit corporation, which shall use those contributions in accordance with its articles of incorporation and for the benefit of servicemembers of the armed forces of the United States and their families when they are in financial need.
The registrar shall pay the contributions received pursuant to section 4503.931 of the Revised Code to healthy New Albany, which shall use the contributions for its community programs, events, and other activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.932 of the Revised Code to habitat for humanity of Ohio, inc., which shall use the contributions for its projects related to building affordable houses.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.933 of the Revised Code to Ohio citizens for the arts foundation, which shall use the contributions for advocacy, education, and professional development programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.94 of the Revised Code to the Michelle's leading star foundation, which shall use the money solely to fund the rental, lease, or purchase of the simulated driving curriculum of the Michelle's leading star foundation by boards of education of city, exempted village, local, and joint vocational school districts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.941 of the Revised Code to the Ohio chapter international society of arboriculture, which shall use the money to increase consumer awareness on the importance of proper tree care and to raise funds for the chapter's educational efforts.
The registrar shall pay the contributions received pursuant to section 4503.942 of the Revised Code to zero, the end of prostate cancer, incorporated, a nonprofit organization, which shall use those contributions to raise awareness of prostate cancer, to support research to end prostate cancer, and to support prostate cancer patients and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.944 of the Revised Code to the eastern European congress of Ohio, which shall use the contributions for charitable and educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.945 of the Revised Code to the Summit metro parks foundation, which shall use the money in support of the Summit county metro parks.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.951 of the Revised Code to the Cincinnati city school district.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.952 of the Revised Code to Hawken school located in northeast Ohio. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.953 of the Revised Code to Gilmour academy located in the municipal corporation of Gates Mills. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.954 of the Revised Code to University school located in the suburban area near the municipal corporation of Cleveland. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.955 of the Revised Code to Saint Albert the Great school located in North Royalton. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.956 of the Revised Code to the Liberty Center local school district, which shall use the contributions for its gifted programs and special education and related services.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.957 of the Revised Code to John F. Kennedy Catholic school located in Warren. The school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.958 of the Revised Code to Elder high school located in the municipal corporation of Cincinnati. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students, twenty-five per cent of the contributions to benefit arts and enrichment at the school, and twenty-five per cent of the contributions to benefit athletics at the school.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.961 of the Revised Code to Fairfield senior high school located in the municipal corporation of Fairfield. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.962 of the Revised Code to Hamilton high school located in the municipal corporation of Hamilton. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.963 of the Revised Code to Ross high school located in Ross township in Butler county. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.964 of the Revised Code to Chardon hilltopper gridiron club. The club shall use contributions to fund college and career technical training scholarships for students.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.97 of the Revised Code to the friends of united Hatzalah of Israel, which shall use the money to support united Hatzalah of Israel, which provides free emergency medical first response throughout Israel.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.98 of the Revised Code to the Westerville parks foundation to support the programs and activities of the foundation and its mission of pursuing the city of Westerville's vision of becoming "A City Within A Park."
(C) All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day of May of every year, the registrar shall distribute to each entity described in division (B) of this section the investment income the fund earned the previous calendar year. The amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the fund during the previous calendar year."
After line 5743, insert:
"Sec. 4503.541. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "Dolly Parton's Imagination Library" license plates. The application may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Dolly Parton's Imagination Library" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Dolly Parton's Imagination Library" license plates shall display an appropriate logo and words that are selected by representatives of the Dolly Parton's imagination library and approved by the registrar.
(B) "Dolly Parton's Imagination Library" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of twenty-five dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in the issuing of "Dolly Parton's Imagination Library" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)(1) Section 4503.78 of the Revised Code does not apply to license plates issued under this section.
(2) County identification stickers are not required for license plates issued under this section.
Sec. 4503.888. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "St. Vincent-St. Mary High School" license plates. The application may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "St. Vincent-St. Mary High School" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "St. Vincent-St. Mary High School" license plates shall display an appropriate logo and words that are selected by representatives of St. Vincent-St. Mary high school and approved by the registrar. "St. Vincent-St. Mary High School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "St. Vincent-St. Mary High School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of twenty-five dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in the issuing of "St. Vincent-St. Mary High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code."
After line 5862, insert:
"Sec. 4507.50. (A)(1) The registrar of motor vehicles or a deputy registrar shall issue an identification card to a person when all of the following apply:
(a) The registrar or deputy registrar receives an application completed in accordance with section 4507.51 of the Revised Code and, if the person is under seventeen years of age, payment of the applicable fees.
(b) The person is a resident or a temporary resident of this state.
(c) The person is not licensed as an operator of a motor vehicle in this state or another licensing jurisdiction.
(d) The person does not hold an identification card from another jurisdiction.
(2)(a) The registrar of motor vehicles or a deputy registrar may issue a temporary identification card when all of the following apply:
(i) The registrar or deputy registrar receives an application completed in accordance with section 4507.51 of the Revised Code and payment of the applicable fees.
(ii) The person is a resident or temporary resident of this state.
(iii) The person's Ohio driver's or commercial driver's license has been suspended or canceled.
(iv) The person does not hold an identification card from another jurisdiction.
(b) The temporary identification card shall be identical to an identification card, except that it shall be printed on its face with a statement that the card is valid for a temporary period. The temporary period shall be in accordance with the expiration dates specified in section 4507.501 of the Revised Code.
(c) The cardholder shall surrender the temporary identification card to the registrar or any deputy registrar before the cardholder's driver's or commercial driver's license is restored or reissued.
(B)(1) Except as provided in division (D) of this section, an applicant who is under seventeen years of age shall pay the following fees prior to issuance of an identification card or a temporary identification card:
(a) A fee of three dollars and fifty cents if the card will expire on the applicant's birthday four years after the date of issuance or a fee of six dollars if the card will expire on the applicant's birthday eight years after the date of issuance;
(b) A fee equal to the amount established under section 4503.038 of the Revised Code if the card will expire on the applicant's birthday four years after the date of issuance or twice that amount if the card will expire on the applicant's birthday eight years after the date of issuance;
(c) A fee of one dollar and fifty cents if the card will expire on the applicant's birthday four years after the date of issuance or three dollars if the card will expire on the applicant's birthday eight years after the date of issuance, for the authentication of the documents required for processing an identification card or temporary identification card. A deputy registrar that authenticates the required documents shall retain the entire amount of the fee.
(2) The fees collected for issuing an identification card under this section, except for any fees allowed to the deputy registrar, shall be paid into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(C) A person seventeen years of age or older may apply to the registrar or a deputy registrar for the issuance to that person of an identification card or a temporary identification card under this section without payment of any fee prescribed in division (B) of this section.
(D)
A resident who is permanently or irreversibly disabled and who is
under seventeen years of age may apply to the registrar or a deputy
registrar for the issuance of an identification card under this
section without payment of any fee as prescribed in division (B) of
this section. As A
resident who is in the custody of the department of rehabilitation
and correction or the department of youth services and who is under
seventeen years of age may apply to the registrar for the issuance of
an identification card under this section without payment of any fee
as prescribed in division (B) of this section.
As used in this section, "permanently or irreversibly disabled" means a condition of disability from which there is no present indication of recovery.
An
application made under division (D) of this section shall be
accompanied by such documentary evidence of
disability as the registrar may require by rule.
(E)(1) The department of rehabilitation and correction shall submit an application for an identification card or temporary identification card, as applicable, to the registrar on behalf of an individual who is a prisoner at a state correctional institution and who has completed that application in accordance with section 5120.59 of the Revised Code.
(2) The department of youth services shall submit an application for an identification card or a temporary identification card, as applicable, to the registrar on behalf of an individual who is in the custody of the department at a juvenile correctional facility and who has completed that application in accordance with section 5139.511 of the Revised Code.
(3) The registrar may establish a separate application and process by which the departments shall submit any applications to the registrar in accordance with this division and section 4507.51 of the Revised Code.
Sec.
4507.51. (A)(1) Every application for an identification
card or duplicate shall be made on a an
approved form furnished or
in a manner specified by the registrar of motor
vehicles, and
shall be signed by the applicant,
and . The application also
shall be signed by the applicant's parent or guardian,
or by the department of rehabilitation and correction or the
department of youth services, as applicable, if the
applicant is under eighteen years of age,
and .
Every
application shall contain the following information
pertaining to the applicant:
(a)
The applicant's name, date of birth, sex, general
description including the applicant's height, weight, hair color, and
eye color, address, country of citizenship, and social security
number. The application also shall
include, for
(b)
If an applicant who has
not already certified the applicant's willingness to make an
anatomical gift under section 2108.05 of the Revised Code, whether
the applicant wishes to certify willingness to make such an
anatomical gift and shall include
information about the requirements of sections
2108.01 to 2108.29 of the Revised Code that apply to persons who are
less than eighteen years of age. The statement regarding willingness
to make such a donation shall be given no consideration in the
decision of whether to issue an identification card. Each
applicant applying in person at a deputy registrar office shall be
photographed at the time of making application.
(2)(a)
The application also shall state whether (c)
Whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the use
or continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the identification card issued to indicate that
the applicant has executed the instrument.
(b)
The application also shall state whether (d)
Whether the applicant is a veteran, active duty, or
reservist of the armed forces of the United States and, if the
applicant is such, whether the applicant wishes the identification
card issued to indicate that the applicant is a veteran, active duty,
or reservist of the armed forces of the United States by a military
designation on the identification card.
(2) Each applicant applying in person at a deputy registrar office shall be photographed at the time of making an application.
(3) The registrar or deputy registrar, in accordance with section 3503.11 of the Revised Code, shall register as an elector any person who applies for an identification card or duplicate if the applicant is eligible and wishes to be registered as an elector. The decision of an applicant whether to register as an elector shall be given no consideration in the decision of whether to issue the applicant an identification card or duplicate.
(4) The application shall be accompanied by any necessary documents, as required by the registrar. The registrar or the deputy registrar may authenticate the submitted documents and verify the information in the application.
(B)(B)(1)
Except as provided in division (B)(2) of
this section or section 4507.061 of the Revised Code, the
application for an identification card or duplicate shall be filed in
the office of the registrar or deputy registrar. Each applicant shall
present documentary evidence as required by the registrar of the
applicant's age and identity, and the applicant shall swear that all
information given is true. An
identification card issued by the department of rehabilitation and
correction under section 5120.59 of the Revised Code or an
identification card issued by the department of youth services under
section 5139.511 of the Revised Code shall be sufficient documentary
evidence under this division upon verification of the applicant's
social security number by the registrar or a deputy registrar. Upon
issuing an identification card under this section for a person who
has been issued an identification card under section 5120.59 or
section 5139.511 of the Revised Code, the registrar or deputy
registrar shall destroy the identification card issued under section
5120.59 or section 5139.511 of the Revised Code.
All applications for an identification card or duplicate under this section shall be filed in duplicate, and if submitted to a deputy registrar, a copy shall be forwarded to the registrar. The registrar shall prescribe rules for the manner in which a deputy registrar is to file and maintain applications and other records. The registrar shall maintain a suitable, indexed record of all applications denied and cards issued or canceled.
(2) The application for an identification card filed by either the department of rehabilitation and correction or the department of youth services on behalf of an individual in prison or in the department's custody shall be submitted through the process established by the registrar. The registrar shall establish the process for submission of such applications and the process for mailing the identification card to either the individual or the applicable department.
(C) In addition to any other information it contains, the form furnished by the registrar of motor vehicles for an application for an identification card or duplicate shall inform applicants that the applicant must present a copy of the applicant's DD-214 or an equivalent document in order to qualify to have the card or duplicate indicate that the applicant is an honorably discharged veteran of the armed forces of the United States based on a request made pursuant to division (A)(2)(b) of this section.
Sec. 4507.52. (A)(1) Each identification card issued by the registrar of motor vehicles or a deputy registrar shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor vehicle. It is provided solely for the purpose of establishing the identity of the bearer described on the card."
(2) The identification card shall display substantially the same information as contained in the application and as described in division (A)(1) of section 4507.51 of the Revised Code, including, if the cardholder is a noncitizen of the United States, a notation designating that the cardholder is a noncitizen. The identification card shall not display the cardholder's social security number unless the cardholder specifically requests that the cardholder's social security number be displayed on the card. If federal law requires the cardholder's social security number to be displayed on the identification card, the social security number shall be displayed on the card notwithstanding this section.
(3) The identification card also shall display the photograph of the cardholder.
(4) If the cardholder has executed a durable power of attorney for health care or a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment and has specified that the cardholder wishes the identification card to indicate that the cardholder has executed either type of instrument, the card also shall display any symbol chosen by the registrar to indicate that the cardholder has executed either type of instrument.
(5) If the cardholder has specified that the cardholder wishes the identification card to indicate that the cardholder is a veteran, active duty, or reservist of the armed forces of the United States and has presented a copy of the cardholder's DD-214 form or an equivalent document, the card also shall display any symbol chosen by the registrar to indicate that the cardholder is a veteran, active duty, or reservist of the armed forces of the United States.
(6) The card shall be designed as to prevent its reproduction or alteration without ready detection.
(7) The identification card for persons under twenty-one years of age shall have characteristics prescribed by the registrar distinguishing it from that issued to a person who is twenty-one years of age or older, except that an identification card issued to a person who applies no more than thirty days before the applicant's twenty-first birthday shall have the characteristics of an identification card issued to a person who is twenty-one years of age or older.
(8) Every identification card issued to a resident of this state shall display the expiration date of the card, in accordance with section 4507.501 of the Revised Code.
(9) Every identification card issued to a temporary resident shall expire in accordance with section 4507.501 of the Revised Code and rules adopted by the registrar and is limited term. Every limited term identification card and limited term temporary identification card shall contain the words "limited term" and shall have any additional characteristics prescribed by the registrar distinguishing it from an identification card issued to a resident.
(10) Every enhanced identification card shall have any additional characteristics established by the rules adopted under section 4507.021 of the Revised Code.
(B)(1) If a card is lost, destroyed, or mutilated, the person to whom the card was issued may obtain a duplicate by doing both of the following:
(a) Furnishing suitable proof of the loss, destruction, or mutilation to the registrar or a deputy registrar;
(b) Filing an application and presenting documentary evidence under section 4507.51 of the Revised Code.
(2) A cardholder may apply to obtain a reprint of the cardholder's identification card through electronic means in accordance with section 4507.40 of the Revised Code.
(3) A cardholder may obtain a replacement identification card that reflects any change of the cardholder's name by furnishing suitable proof of the change to the registrar or a deputy registrar.
(4) Except as provided in division (B)(5) or (6) of this section, when a cardholder applies for a duplicate, reprint, or replacement identification card, the cardholder shall pay the following fees:
(a) Two dollars and fifty cents;
(b) A deputy registrar or service fee equal to the amount established under section 4503.038 of the Revised Code.
(5) The following cardholders may apply for a duplicate, reprint, or replacement identification card without payment of any fee prescribed in division (B)(4) of this section:
(a) A disabled veteran who has a service-connected disability rated at one hundred per cent by the veterans' administration;
(b) A resident who is permanently or irreversibly disabled;
(c) A resident who is in the custody of the department of rehabilitation and correction or the department of youth services.
(6) A cardholder who is seventeen years of age or older may apply for a replacement identification card without payment of any fee prescribed in division (B)(4) of this section.
(7) A duplicate, reprint, or replacement identification card expires on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that the card was obtained unlawfully, issued in error, or was altered.
(D)(1) No agent of the state or its political subdivisions shall condition the granting of any benefit, service, right, or privilege upon the possession by any person of an identification card. Nothing in this section shall preclude any publicly operated or franchised transit system from using an identification card for the purpose of granting benefits or services of the system.
(2) No person shall be required to apply for, carry, or possess an identification card.
(E) Except in regard to an identification card issued to a person who applies no more than thirty days before the applicant's twenty-first birthday, neither the registrar nor any deputy registrar shall issue an identification card to a person under twenty-one years of age that does not have the characteristics prescribed by the registrar distinguishing it from the identification card issued to persons who are twenty-one years of age or older.
(F) The registrar shall ensure that identification cards issued in accordance with the federal "Real ID Act," 49 U.S.C. 30301, et seq., comply with the regulations specified in 6 C.F.R. part 37.
(G) Whoever violates division (E) of this section is guilty of a minor misdemeanor.
Sec. 4582.30. (A)(1) Except as otherwise provided in division (A)(2) or (3) of this section, the area of jurisdiction of a port authority created in accordance with section 4582.22 of the Revised Code shall include all of the territory of the political subdivision or subdivisions creating it and, if the port authority owns or leases a railroad line or airport, the territory on which the railroad's line, terminals, and related facilities or the airport's runways, terminals, and related facilities are located, regardless of whether the territory is located in the political subdivision or subdivisions creating the port authority.
(2) A municipal corporation with a population of at least one hundred thousand according to the most recent federal decennial census may create a port authority within a county that previously created an existing port authority, if the municipal corporation did not join with the county in creating the port authority or thereafter join that port authority. The newly created port authority and the previously created and existing port authority shall possess concurrent jurisdiction over any territory within the jurisdiction of both.
(3) A county may create a port authority the area of jurisdiction of which excludes any territory that is located in that county and is in the area of jurisdiction of any port authority created in accordance with section 4582.02 or 4582.22 of the Revised Code that is then existing in the county.
(B)(1)
Except as provided in division (B)(2), (3),
or (3)(4)
of this section, a political subdivision that has created a port
authority or joined an existing port authority shall not be included
in any other port authority.
(2) A municipal corporation with a population of less than one hundred thousand according to the most recent federal decennial census that has joined an existing port authority in a county with a population of five hundred thousand or less may create a port authority within the territorial jurisdiction of the municipal corporation.
(3) A municipal corporation and a county jointly may create a new port authority if both of the following apply:
(a) The municipal corporation created a port authority after July 9, 1982, and that port authority operates an airport;
(b) The county joined a port authority after July 9, 1982, and that port authority operated an airport.
(4) A county with a population of less than one hundred thousand according to the most recent federal decennial census that is included in the jurisdiction of an existing port authority that has an area of jurisdiction that includes more than one county may create a port authority that includes the territorial jurisdiction of the county.
Sec.
4735.181. (A) No real estate broker or salesperson
licensed pursuant to this chapter shall fail to comply with divisions
(B) and (D) of section 4735.13, division (D) of section 4735.14, or
sections 4735.22, 4735.55, 4735.56, and
4735.58, and 4735.80
of the Revised Code or any rules adopted under those divisions or
sections.
(B) When the superintendent determines that a licensee has violated division (A) of this section, the superintendent may do either of the following:
(1) Initiate disciplinary action under section 4735.051 of the Revised Code, in accordance with Chapter 119. of the Revised Code;
(2) Personally, or by certified mail, serve a citation and impose sanctions in accordance with this section upon the licensee.
(C) Every citation served under this section shall give notice to the licensee of the alleged violation or violations charged and inform the licensee of the opportunity to request a hearing in accordance with Chapter 119. of the Revised Code. The citation also shall contain a statement of a fine of up to two hundred dollars per violation. All fines collected pursuant to this section shall be credited to the real estate recovery fund, created in the state treasury under section 4735.12 of the Revised Code.
(D) If any licensee is cited three times under this section within twelve consecutive months, the superintendent shall initiate disciplinary action pursuant to section 4735.051 of the Revised Code for any subsequent violation that occurs within the same twelve-month period.
If a licensee fails to request a hearing within thirty days after the date of service of the citation, or the licensee and the superintendent fail to reach an alternative agreement, the citation shall become final.
(E) Unless otherwise indicated, the licensee named in a final citation under this section must meet all requirements contained in the final citation within thirty days after the effective date of that citation.
(F) The superintendent shall suspend automatically a licensee's license if the licensee fails to comply with division (E) of this section.
Sec. 4735.80. (A) The superintendent of real estate shall, within one year after the effective date of this section, adopt rules in accordance with Chapter 119. of the Revised Code that require a licensee, prior to listing residential real estate for sale, exchange, or purchase, to provide to the seller a disclosure form, developed and maintained by the division of real estate, that outlines both of the following:
(1) The federal and state laws that relate to anti-discrimination in the home-buying process with which a seller of residential real estate shall comply, including the laws listed in divisions (B)(2) and (3) of section 4735.55 of the Revised Code;
(2) The penalties associated with violating any of the laws specified pursuant to division (A)(1) of this section.
(B) No licensee shall market or show a seller's residential real estate before providing the seller with the disclosure required by this section and receiving a copy of that disclosure that is signed and dated by the seller. The licensee shall retain the signed and dated copy of the disclosure for not less than three years following the closing date on the seller's residential real estate.
(C) Notwithstanding any provision of section 121.95 of the Revised Code to the contrary, a regulatory restriction contained in a rule adopted under this section is not subject to sections 121.95 to 121.953 of the Revised Code.
Sec. 4743.06. (A) Except as provided in divisions (B) and (C) of this section, a department, agency, or office of this state that issues a license, certificate, registration, or other authorization to a person to practice a trade or profession shall require a person to submit an application for an initial license, certificate, registration, or other authorization issued by the department, agency, or office using any electronic licensing system the department, agency, or office elects to use to receive applications.
(B) A department, agency, or office may adopt a policy to allow a person to apply for an initial license, certificate, registration, or other authorization issued by the department, agency, or office by submitting a paper copy of the application to the department, agency, or office. A department, agency, or office that adopts such a policy shall not require a person to submit a paper copy of the application and shall accept an application submitted using the electronic licensing system used by the department, agency, or office.
(C) This section does not apply to the supreme court when issuing initial licenses pursuant to rules prescribed under Ohio Constitution, Article IV, Section 5.
Sec. 4905.301. (A) As used in this section:
(1) "Governmental entity" has the same meaning as in section 9.23 of the Revised Code, except that "governmental entity" excludes a municipal corporation.
(2) "Right of way" means the surface of, and the space within, through, on, across, above, or below any land designated for public use that is owned or controlled by a governmental entity, except that "right of way" includes a public way as defined in section 4939.01 of the Revised Code, and is not a private easement.
(B) A public utility subject to the rate-making jurisdiction of the public utilities commission may file an application with the commission for the accounting authority to classify a cost that meets the requirements of division (C) of this section as a regulatory asset for the purpose of recovering the cost. The commission, by order, shall authorize such accounting authority as may be reasonably necessary to classify the cost as a regulatory asset.
(C) A cost is eligible for recovery as a regulatory asset under this section if the cost is directly incurred by the public utility on or after the effective date of this section as a result of a governmental entity's regulation of the public utility's occupancy or use of a right of way.
(D) If the commission determines, upon an application under division (B) of this section or its own initiative, that classification of a cost described in division (C) of this section as a regulatory asset is not practical or that deferred recovery of that cost would impose a hardship on the public utility or its customers, the commission shall establish a charge and collection mechanism to permit the public utility full recovery of that cost.
(E) Cost recovery authorized as a regulatory asset under this section is not subject to any other provision of law or any agreement establishing price caps, rate freezes, or rate increase moratoria.
(F) The commission shall process applications submitted under this section in the same manner as set forth in divisions (E) and (F) of section 4939.07 of the Revised Code and according to rules adopted under division (G) of that section."
After line 5904, insert:
"Sec. 4928.01. (A) As used in this chapter:
(1) "Ancillary service" means any function necessary to the provision of electric transmission or distribution service to a retail customer and includes, but is not limited to, scheduling, system control, and dispatch services; reactive supply from generation resources and voltage control service; reactive supply from transmission resources service; regulation service; frequency response service; energy imbalance service; operating reserve-spinning reserve service; operating reserve-supplemental reserve service; load following; back-up supply service; real-power loss replacement service; dynamic scheduling; system black start capability; and network stability service.
(2) "Billing and collection agent" means a fully independent agent, not affiliated with or otherwise controlled by an electric utility, electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 of the Revised Code, to the extent that the agent is under contract with such utility, company, cooperative, or aggregator solely to provide billing and collection for retail electric service on behalf of the utility company, cooperative, or aggregator.
(3) "Certified territory" means the certified territory established for an electric supplier under sections 4933.81 to 4933.90 of the Revised Code.
(4) "Competitive retail electric service" means a component of retail electric service that is competitive as provided under division (B) of this section.
(5) "Electric cooperative" means a not-for-profit electric light company that both is or has been financed in whole or in part under the "Rural Electrification Act of 1936," 49 Stat. 1363, 7 U.S.C. 901, and owns or operates facilities in this state to generate, transmit, or distribute electricity, or a not-for-profit successor of such company.
(6) "Electric distribution utility" means an electric utility that supplies at least retail electric distribution service.
(7) "Electric light company" has the same meaning as in section 4905.03 of the Revised Code and includes an electric services company, but excludes any self-generator to the extent that it consumes electricity it so produces, sells that electricity for resale, or obtains electricity from a generating facility it hosts on its premises.
(8) "Electric load center" has the same meaning as in section 4933.81 of the Revised Code.
(9) "Electric services company" means an electric light company that is engaged on a for-profit or not-for-profit basis in the business of supplying or arranging for the supply of only a competitive retail electric service in this state. "Electric services company" includes a power marketer, power broker, aggregator, or independent power producer but excludes an electric cooperative, municipal electric utility, governmental aggregator, or billing and collection agent.
(10) "Electric supplier" has the same meaning as in section 4933.81 of the Revised Code.
(11) "Electric utility" means an electric light company that has a certified territory and is engaged on a for-profit basis either in the business of supplying a noncompetitive retail electric service in this state or in the businesses of supplying both a noncompetitive and a competitive retail electric service in this state. "Electric utility" excludes a municipal electric utility or a billing and collection agent.
(12) "Firm electric service" means electric service other than nonfirm electric service.
(13) "Governmental aggregator" means a legislative authority of a municipal corporation, a board of township trustees, or a board of county commissioners acting as an aggregator for the provision of a competitive retail electric service under authority conferred under section 4928.20 of the Revised Code.
(14) A person acts "knowingly," regardless of the person's purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist.
(15) "Level of funding for low-income customer energy efficiency programs provided through electric utility rates" means the level of funds specifically included in an electric utility's rates on October 5, 1999, pursuant to an order of the public utilities commission issued under Chapter 4905. or 4909. of the Revised Code and in effect on October 4, 1999, for the purpose of improving the energy efficiency of housing for the utility's low-income customers. The term excludes the level of any such funds committed to a specific nonprofit organization or organizations pursuant to a stipulation or contract.
(16) "Low-income customer assistance programs" means the percentage of income payment plan program, the home energy assistance program, the home weatherization assistance program, and the targeted energy efficiency and weatherization program.
(17) "Market development period" for an electric utility means the period of time beginning on the starting date of competitive retail electric service and ending on the applicable date for that utility as specified in section 4928.40 of the Revised Code, irrespective of whether the utility applies to receive transition revenues under this chapter.
(18) "Market power" means the ability to impose on customers a sustained price for a product or service above the price that would prevail in a competitive market.
(19) "Mercantile customer" means a commercial or industrial customer if the electricity consumed is for nonresidential use and the customer consumes more than seven hundred thousand kilowatt hours per year or is part of a national account involving multiple facilities in one or more states.
(20) "Municipal electric utility" means a municipal corporation that owns or operates facilities to generate, transmit, or distribute electricity.
(21) "Noncompetitive retail electric service" means a component of retail electric service that is noncompetitive as provided under division (B) of this section.
(22) "Nonfirm electric service" means electric service provided pursuant to a schedule filed under section 4905.30 of the Revised Code or pursuant to an arrangement under section 4905.31 of the Revised Code, which schedule or arrangement includes conditions that may require the customer to curtail or interrupt electric usage during nonemergency circumstances upon notification by an electric utility.
(23) "Percentage of income payment plan arrears" means funds eligible for collection through the percentage of income payment plan rider, but uncollected as of July 1, 2000.
(24) "Person" has the same meaning as in section 1.59 of the Revised Code.
(25) "Advanced energy project" means any technologies, products, activities, or management practices or strategies that facilitate the generation or use of electricity or energy and that reduce or support the reduction of energy consumption or support the production of clean, renewable energy for industrial, distribution, commercial, institutional, governmental, research, not-for-profit, or residential energy users, including, but not limited to, advanced energy resources and renewable energy resources. "Advanced energy project" also includes any project described in division (A), (B), or (C) of section 4928.621 of the Revised Code.
(26) "Regulatory assets" means the unamortized net regulatory assets that are capitalized or deferred on the regulatory books of the electric utility, pursuant to an order or practice of the public utilities commission or pursuant to generally accepted accounting principles as a result of a prior commission rate-making decision, and that would otherwise have been charged to expense as incurred or would not have been capitalized or otherwise deferred for future regulatory consideration absent commission action. "Regulatory assets" includes, but is not limited to, all deferred demand-side management costs; all deferred percentage of income payment plan arrears; post-in-service capitalized charges and assets recognized in connection with statement of financial accounting standards no. 109 (receivables from customers for income taxes); future nuclear decommissioning costs and fuel disposal costs as those costs have been determined by the commission in the electric utility's most recent rate or accounting application proceeding addressing such costs; the undepreciated costs of safety and radiation control equipment on nuclear generating plants owned or leased by an electric utility; and fuel costs currently deferred pursuant to the terms of one or more settlement agreements approved by the commission.
(27) "Retail electric service" means any service involved in supplying or arranging for the supply of electricity to ultimate consumers in this state, from the point of generation to the point of consumption. For the purposes of this chapter, retail electric service includes one or more of the following "service components": generation service, aggregation service, power marketing service, power brokerage service, transmission service, distribution service, ancillary service, metering service, and billing and collection service.
(28) "Starting date of competitive retail electric service" means January 1, 2001.
(29) "Customer-generator" means a user of a net metering system.
(30) "Net metering" means measuring the difference in an applicable billing period between the electricity supplied by an electric service provider and the electricity generated by a customer-generator that is fed back to the electric service provider.
(31) "Net metering system" means a facility for the production of electrical energy that does all of the following:
(a) Uses as its fuel either solar, wind, biomass, landfill gas, or hydropower, or uses a microturbine or a fuel cell;
(b) Is located on a customer-generator's premises;
(c) Operates in parallel with the electric utility's transmission and distribution facilities;
(d) Is intended primarily to offset part or all of the customer-generator's requirements for electricity. For an industrial customer-generator with a net metering system that has a capacity of less than twenty megawatts and uses wind as energy, this means the net metering system was sized so as to not exceed one hundred per cent of the customer-generator's annual requirements for electric energy at the time of interconnection.
(32) "Self-generator" means an entity in this state that owns or hosts on its premises an electric generation facility that produces electricity primarily for the owner's consumption and that may provide any such excess electricity to another entity, whether the facility is installed or operated by the owner or by an agent under a contract.
(33) "Rate plan" means the standard service offer in effect on the effective date of the amendment of this section by S.B. 221 of the 127th general assembly, July 31, 2008.
(34) "Advanced energy resource" means any of the following:
(a) Any method or any modification or replacement of any property, process, device, structure, or equipment that increases the generation output of an electric generating facility to the extent such efficiency is achieved without additional carbon dioxide emissions by that facility;
(b) Any distributed generation system consisting of customer cogeneration technology;
(c) Clean coal technology that includes a carbon-based product that is chemically altered before combustion to demonstrate a reduction, as expressed as ash, in emissions of nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or sulfur trioxide in accordance with the American society of testing and materials standard D1757A or a reduction of metal oxide emissions in accordance with standard D5142 of that society, or clean coal technology that includes the design capability to control or prevent the emission of carbon dioxide, which design capability the commission shall adopt by rule and shall be based on economically feasible best available technology or, in the absence of a determined best available technology, shall be of the highest level of economically feasible design capability for which there exists generally accepted scientific opinion;
(d) Advanced nuclear energy technology consisting of generation III technology as defined by the nuclear regulatory commission; other, later technology; or significant improvements to existing facilities;
(e) Any fuel cell used in the generation of electricity, including, but not limited to, a proton exchange membrane fuel cell, phosphoric acid fuel cell, molten carbonate fuel cell, or solid oxide fuel cell;
(f) Advanced solid waste or construction and demolition debris conversion technology, including, but not limited to, advanced stoker technology, and advanced fluidized bed gasification technology, that results in measurable greenhouse gas emissions reductions as calculated pursuant to the United States environmental protection agency's waste reduction model (WARM);
(g) Demand-side management and any energy efficiency improvement;
(h) Any new, retrofitted, refueled, or repowered generating facility located in Ohio, including a simple or combined-cycle natural gas generating facility or a generating facility that uses biomass, coal, modular nuclear, or any other fuel as its input;
(i) Any uprated capacity of an existing electric generating facility if the uprated capacity results from the deployment of advanced technology.
"Advanced energy resource" does not include a waste energy recovery system that is, or has been, included in an energy efficiency program of an electric distribution utility pursuant to requirements under section 4928.66 of the Revised Code.
(35) "Air contaminant source" has the same meaning as in section 3704.01 of the Revised Code.
(36) "Cogeneration technology" means technology that produces electricity and useful thermal output simultaneously.
(37)(a) "Renewable energy resource" means any of the following:
(i) Solar photovoltaic or solar thermal energy;
(ii) Wind energy;
(iii) Power produced by a hydroelectric facility;
(iv) Power produced by a small hydroelectric facility, which is a facility that operates, or is rated to operate, at an aggregate capacity of less than six megawatts;
(v) Power produced by a run-of-the-river hydroelectric facility placed in service on or after January 1, 1980, that is located within this state, relies upon the Ohio river, and operates, or is rated to operate, at an aggregate capacity of forty or more megawatts;
(vi) Geothermal energy;
(vii) Fuel derived from solid wastes, as defined in section 3734.01 of the Revised Code, through fractionation, biological decomposition, or other process that does not principally involve combustion;
(viii) Biomass energy;
(ix) Energy produced by cogeneration technology that is placed into service on or before December 31, 2015, and for which more than ninety per cent of the total annual energy input is from combustion of a waste or byproduct gas from an air contaminant source in this state, which source has been in operation since on or before January 1, 1985, provided that the cogeneration technology is a part of a facility located in a county having a population of more than three hundred sixty-five thousand but less than three hundred seventy thousand according to the most recent federal decennial census;
(x) Biologically derived methane gas;
(xi) Heat captured from a generator of electricity, boiler, or heat exchanger fueled by biologically derived methane gas;
(xii) Energy derived from nontreated by-products of the pulping process or wood manufacturing process, including bark, wood chips, sawdust, and lignin in spent pulping liquors.
"Renewable energy resource" includes, but is not limited to, any fuel cell used in the generation of electricity, including, but not limited to, a proton exchange membrane fuel cell, phosphoric acid fuel cell, molten carbonate fuel cell, or solid oxide fuel cell; wind turbine located in the state's territorial waters of Lake Erie; methane gas emitted from an abandoned coal mine; waste energy recovery system placed into service or retrofitted on or after the effective date of the amendment of this section by S.B. 315 of the 129th general assembly, September 10, 2012, except that a waste energy recovery system described in division (A)(38)(b) of this section may be included only if it was placed into service between January 1, 2002, and December 31, 2004; storage facility that will promote the better utilization of a renewable energy resource; or distributed generation system used by a customer to generate electricity from any such energy.
"Renewable energy resource" does not include a waste energy recovery system that is, or was, on or after January 1, 2012, included in an energy efficiency program of an electric distribution utility pursuant to requirements under section 4928.66 of the Revised Code.
(b) As used in division (A)(37) of this section, "hydroelectric facility" means a hydroelectric generating facility that is located at a dam on a river, or on any water discharged to a river, that is within or bordering this state or within or bordering an adjoining state and meets all of the following standards:
(i) The facility provides for river flows that are not detrimental for fish, wildlife, and water quality, including seasonal flow fluctuations as defined by the applicable licensing agency for the facility.
(ii) The facility demonstrates that it complies with the water quality standards of this state, which compliance may consist of certification under Section 401 of the "Clean Water Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates that it has not contributed to a finding by this state that the river has impaired water quality under Section 303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33 U.S.C. 1313.
(iii) The facility complies with mandatory prescriptions regarding fish passage as required by the federal energy regulatory commission license issued for the project, regarding fish protection for riverine, anadromous, and catadromous fish.
(iv) The facility complies with the recommendations of the Ohio environmental protection agency and with the terms of its federal energy regulatory commission license regarding watershed protection, mitigation, or enhancement, to the extent of each agency's respective jurisdiction over the facility.
(v) The facility complies with provisions of the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as amended.
(vi) The facility does not harm cultural resources of the area. This can be shown through compliance with the terms of its federal energy regulatory commission license or, if the facility is not regulated by that commission, through development of a plan approved by the Ohio historic preservation office, to the extent it has jurisdiction over the facility.
(vii) The facility complies with the terms of its federal energy regulatory commission license or exemption that are related to recreational access, accommodation, and facilities or, if the facility is not regulated by that commission, the facility complies with similar requirements as are recommended by resource agencies, to the extent they have jurisdiction over the facility; and the facility provides access to water to the public without fee or charge.
(viii) The facility is not recommended for removal by any federal agency or agency of any state, to the extent the particular agency has jurisdiction over the facility.
(c) The standards in divisions (A)(37)(b)(i) to (viii) of this section do not apply to a small hydroelectric facility under division (A)(37)(a)(iv) of this section.
(38)
"Waste energy recovery system" means either
any of the
following:
(a) A facility that generates electricity through the conversion of energy from either of the following:
(i) Exhaust heat from engines or manufacturing, industrial, commercial, or institutional sites, except for exhaust heat from a facility whose primary purpose is the generation of electricity;
(ii) Reduction of pressure in gas pipelines before gas is distributed through the pipeline, provided that the conversion of energy to electricity is achieved without using additional fossil fuels.
(b) A facility at a state institution of higher education as defined in section 3345.011 of the Revised Code that recovers waste heat from electricity-producing engines or combustion turbines and that simultaneously uses the recovered heat to produce steam, provided that the facility was placed into service between January 1, 2002, and December 31, 2004;
(c) A facility that produces steam from recovered waste heat from a manufacturing process and uses that steam, or transfers that steam to another facility, to provide heat to another manufacturing process or to generate electricity.
(39) "Smart grid" means capital improvements to an electric distribution utility's distribution infrastructure that improve reliability, efficiency, resiliency, or reduce energy demand or use, including, but not limited to, advanced metering and automation of system functions.
(40) "Combined heat and power system" means the coproduction of electricity and useful thermal energy from the same fuel source designed to achieve thermal-efficiency levels of at least sixty per cent, with at least twenty per cent of the system's total useful energy in the form of thermal energy.
(41) "Legacy generation resource" means all generating facilities owned directly or indirectly by a corporation that was formed prior to 1960 by investor-owned utilities for the original purpose of providing power to the federal government for use in the nation's defense or in furtherance of national interests, including the Ohio valley electric corporation.
(42) "Prudently incurred costs related to a legacy generation resource" means costs, including deferred costs, allocated pursuant to a power agreement approved by the federal energy regulatory commission that relates to a legacy generation resource, less any revenues realized from offering the contractual commitment for the power agreement into the wholesale markets, provided that where the net revenues exceed net costs, those excess revenues shall be credited to customers. Such costs shall exclude any return on investment in common equity and, in the event of a premature retirement of a legacy generation resource, shall exclude any recovery of remaining debt. Such costs shall include any incremental costs resulting from the bankruptcy of a current or former sponsor under such power agreement or co-owner of the legacy generation resource if not otherwise recovered through a utility rate cost recovery mechanism.
(43) "Green energy" means any energy generated by using an energy resource that does one or more of the following:
(a) Releases reduced air pollutants, thereby reducing cumulative air emissions;
(b) Is more sustainable and reliable relative to some fossil fuels.
"Green energy" includes energy generated by using natural gas as a resource.
(B) For the purposes of this chapter, a retail electric service component shall be deemed a competitive retail electric service if the service component is competitive pursuant to a declaration by a provision of the Revised Code or pursuant to an order of the public utilities commission authorized under division (A) of section 4928.04 of the Revised Code. Otherwise, the service component shall be deemed a noncompetitive retail electric service.
Sec. 4939.07. (A) As used in this section, "most recent," with respect to any rate proceeding, means the rate proceeding most immediately preceding the date of any final order issued by the public utilities commission under this section.
(B)(1) Notwithstanding any other provision of law or any agreement establishing price caps, rate freezes, or rate increase moratoria, a public utility subject to the rate-making jurisdiction of the commission may file an application with the commission for, and the commission shall then authorize by order, timely and full recovery of a public way fee levied upon and payable by the public utility both after January 1, 2002, and after the test year of the public utility's most recent rate proceeding or the initial effective date of rates in effect but not established through a proceeding for an increase in rates.
(2) Any order issued by the commission pursuant to its consideration of an application under division (B)(1) of this section shall establish a cost recovery mechanism including, but not limited to, an adder, tracker, rider, or percentage surcharge, for recovering the amount to be recovered; specify that amount; limit the amount to not more and not less than the amount of the total public way fee incurred; and require periodic adjustment of the mechanism based on revenues recovered.
(a) In the case of a cost recovery mechanism for a public way fee levied on and payable by a public utility but determined unreasonable, unjust, unjustly discriminatory, or unlawful by the commission pursuant to division (C) of section 4939.06 of the Revised Code, the mechanism shall provide for recovery, only from those customers of the public utility that receive its service within the municipal corporation, of the difference between that public way fee and the just and reasonable public way fee determined by the commission under division (C) of section 4939.06 of the Revised Code.
(b) In all other cases, recovery shall be from all customers of the public utility generally.
(C) In the case of recovery under division (B)(2)(a) or (b) of this section, the recovery mechanism payable by sale-for-resale or wholesale telecommunications customers shall provide for recovery limited to any public way fee not included in established rates and prices for those customers and to the pro rata share of the public way fee applicable to the portion of the facilities that are sold, leased, or rented to the customers and are located in the public way. The recovery shall be in a nondiscriminatory and competitively neutral manner and prorated on a per-line or per-line equivalent basis among all retail, sale-for-resale, and wholesale telecommunications customers subject to the recovery.
(D)(1) Notwithstanding any other provision of law or any agreement establishing price caps, rate freezes, or rate increase moratoria, a public utility subject to the rate-making jurisdiction of the commission may file an application with the commission for, and the commission by order shall authorize, such accounting authority as may be reasonably necessary to classify any cost described in division (D)(2) of this section as a regulatory asset for the purpose of recovering that cost.
(2)
A cost eligible for recovery under this
division (D) of this section
shall be only such cost as meets both of the following:
(a)
The cost is directly incurred by the public utility as a result of
local municipal
corporation regulation of its occupancy or use of a public
way or an appropriate allocation and assignment of costs related to
implementation of this section, excluding any cost arising from a
public way fee levied upon and payable by the public utility.
(b) The cost is incurred by the public utility both after January 1, 2002, and after the test year of the public utility's most recent rate proceeding or the initial effective date of rates in effect but not established through a proceeding for an increase in rates.
(3) If the commission determines, upon an application under division (D)(1) of this section or its own initiative, that classification of a cost described in division (D)(2) of this section as a regulatory asset is not practical or that deferred recovery of that cost would impose a hardship on the public utility or its customers, the commission shall establish a charge and collection mechanism to permit the public utility full recovery of that cost. A hardship shall be presumed for any public utility with less than fifteen thousand bundled sales service customers in this state and for any public utility for which the annualized aggregate amount of additional cost that otherwise may be eligible for such classification exceeds the greater of five hundred thousand dollars or fifteen per cent of the total costs that are described in division (D)(2)(a) of this section and were considered by the commission for the purpose of establishing rates in the public utility's most recent rate increase proceeding or the rate increase proceeding of the public utility's predecessor, whichever is later.
(E) Any application submitted to the commission under divisions (B) to (D) of this section shall be processed by the commission as an application not for an increase in rates under section 4909.18 of the Revised Code. The application shall include such information as the commission reasonably requires. The commission shall conclude its consideration of the application and issue a final order not later than one hundred twenty days after the date that the application was submitted to the commission. A final order regarding a recovery mechanism authorized pursuant to this section shall provide for such retroactive adjustment as the commission determines appropriate.
(F) A public utility shall not be required to waive any rights under this section as a condition of occupancy or use of a public way.
(G) The commission may issue such rules as it considers necessary to carry out this section.
Sec.
5103.0310. (A) Prior to employing a person or engaging a
subcontractor, intern, or volunteer, an institution or association,
as defined in division (A)(1)(a) of section 5103.02 of the Revised
Code, that is a residential facility, as defined in division (A)(6)
(A)(8) of section
5103.05 of the Revised Code, shall do the following regarding the
person, subcontractor, intern, or volunteer:
(1) Obtain a search of the United States department of justice national sex offender public web site regarding the person;
(2) Obtain a summary report of a search of the uniform statewide automated child welfare information system in accordance with divisions (A) and (B) of section 5103.18 of the Revised Code.
(B)
An institution or association, as defined in division (A)(1)(a) of
section 5103.02 of the Revised Code, that is not a residential
facility, as defined in division (A)(6)
(A)(8) of section
5103.05 of the Revised Code, shall obtain the search and summary
report described in division (A) of this section before hiring a
person, or engaging a subcontractor, intern, or volunteer, who will
have access to children.
(C) If, at the time of September 30, 2021, the institution or association has not obtained a report required under division (A) or (B) of this section for the person, subcontractor, intern, or volunteer, the institution or association shall obtain the report.
(D) The institution or association may refuse to employ the person or engage the subcontractor, intern, or volunteer based solely on the results of the search described in division (A)(1) or (B) of this section or the findings of the summary report described in division (B)(1)(a) of section 5103.18 of the Revised Code.
(E) The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section.
Sec.
5103.0329. (A) A recommending agency may submit a request
to the department of children and youth, on a case-by-case basis
only, to waive any non-safety standards for a kinship caregiver
seeking foster home certification. Non-safety standards include
training hours and other requirements under sections 5103.031,
and 5103.032, and 5103.039
of the Revised Code and standards established by rules adopted under
sections 5103.03 and 5103.0316 of the Revised Code, in accordance
with 42 U.S.C. 671 (a)(10).
(B) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
Sec.
5103.05. (A) As used in this
section and section 5103.051 sections
5103.05 to 5103.0513 of the Revised Code:
(1) "Children's residential center" means a facility that is operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department of children and youth to operate a children's residential center, and in which eleven or more children, including the children of any staff residing at the facility, are given nonsecure care and supervision twenty-four hours a day.
(2) "Children's crisis care facility" has the same meaning as in section 5103.13 of the Revised Code.
(3) "County children's home" means a facility established under section 5153.21 of the Revised Code.
(4) "District children's home" means a facility established under section 5153.42 of the Revised Code.
(5) "First responder" means an EMT, EMT-basic, AEMT, EMT-I, paramedic, firefighter, or volunteer firefighter.
(6) "Group home for children" means any public or private facility that is operated by a private child placing agency, private noncustodial agency, or public children services agency, that has been certified by the department to operate a group home for children, and that meets all of the following criteria:
(a) Gives, for compensation, a maximum of ten children, including the children of the operator or any staff who reside in the facility, nonsecure care and supervision twenty-four hours a day by a person or persons who are unrelated to the children by blood or marriage, or who is not the appointed guardian of any of the children;
(b) Is not certified as a foster home;
(c) Receives or cares for children for two or more consecutive weeks.
"Group home for children" does not include any facility that provides care for children from only a single-family group, placed at the facility by the children's parents or other relative having custody.
(6)
(7) "Law enforcement
officer" means a sheriff, deputy sheriff, constable, police
officer of a township or joint police district, marshal, deputy
marshal, municipal police officer, or state highway patrol trooper.
(8) "Residential facility" means a group home for children, children's crisis care facility, children's residential center, residential parenting facility that provides twenty-four-hour child care, county children's home, or district children's home. A foster home is not a residential facility.
(7)
(9) "Residential
parenting facility" means a facility operated by a private child
placing agency, private noncustodial agency, or public children
services agency, that has been certified by the department to operate
a residential parenting facility, in which teenage mothers and their
children reside for the purpose of keeping mother and child together,
teaching parenting and life skills to the mother, and assisting
teenage mothers in obtaining educational or vocational training and
skills.
(8)
(10) "Nonsecure
care and supervision" means care and supervision of a child in a
residential facility that does not confine or prevent movement of the
child within the facility or from the facility.
(11) "Volunteer firefighter" has the same meaning as in section 146.01 of the Revised Code.
(B) In its application for a certificate, the operator of a residential facility shall demonstrate, to the satisfaction of the department of children and youth, that the proposed residential facility meets all applicable local planning and zoning requirements. A residential facility shall maintain compliance with all applicable local planning and zoning requirements in order for the facility's certificate to remain in good standing.
(C) Prior to the commencement of operations of a residential facility, the operator of the facility shall provide to the board of township trustees or the legislative authority of the municipal corporation wherein the facility will be located notification that the facility will be in operation.
(D) Divisions (B) and (C) of this section shall apply only to a residential facility that is operated by a public children services agency, private noncustodial agency, private child placing agency, or superintendent of a county or district children's home for the placement of foster children.
(E) Within ten days after the commencement of operations at a residential facility, the facility shall provide the following to all county, municipal, or township law enforcement agencies, emergency management agencies, and fire departments with jurisdiction over the facility:
(1) Written notice that the facility is located and will be operating in the agency's or department's jurisdiction. The written notice shall provide the address of the facility, identify the facility as a group home for children, children's crisis care facility, children's residential center, residential parenting facility, county children's home, or district children's home, and provide contact information for the facility.
(2) A copy of the facility's procedures for emergencies and disasters established pursuant to rules adopted under section 5103.03 of the Revised Code;
(3) A copy of the facility's medical emergency plan established pursuant to rules adopted under section 5103.03 of the Revised Code;
(4) A copy of the facility's community engagement plan established pursuant to rules adopted under section 5103.051 of the Revised Code.
(C)
(F) Within ten
days of any change to the facility's information described in
divisions (B)(2)(E)(2),
(3), and (4) of this section, the facility shall provide to all
county, municipal, or township law enforcement agencies, emergency
management agencies, and fire departments with jurisdiction over the
facility updated copies of the information required to be provided
under divisions (B)(2)(E)(2),
(3), and (4) of this section.
(D)
(G) A residential facility
that is operated by a public children services agency, private
noncustodial agency, private child placing agency, or superintendent
of a county or district children's home for the placement of foster
children also shall provide the information described in divisions
(E) and (F) of this section to the board of township trustees or the
legislative authority of the municipal corporation wherein the
facility will be located.
(H) The department may adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement this section.
Sec. 5103.052. Sections 5103.052 to 5103.0513 of the Revised Code apply only to a residential facility that is operated by a public children services agency, private child placing agency, private noncustodial agency, or superintendent of a county or district children's home for the placement of foster children.
Sec. 5103.053. (A) The appointing or hiring officer of a residential facility that appoints or employs any person in the residential facility shall request the superintendent of BCII to conduct a criminal records check with respect to any person who is under final consideration for appointment or employment in the residential facility. The request shall be made at the time of initial application for appointment or employment and every four years thereafter.
(B)(1) When the appointing or hiring officer requests, at the time of initial application for appointment or employment, a criminal records check for a person subject to division (A) of this section, the officer shall request that the superintendent of BCII obtain information from the federal bureau of investigation as part of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671, for the person subject to the criminal records check. In all other cases in which the appointing or hiring officer requests a criminal records check for a person pursuant to division (A) of this section, the officer may request that the superintendent of BCII obtain information from the federal bureau of investigation as part of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671, for the person subject to the criminal records check.
(2) An appointing or hiring officer required by division (A) of this section to request a criminal records check shall provide to each person subject to a criminal records check a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from the person, and forward the completed form and impression sheet to the superintendent of BCII at the time the criminal records check is requested.
(3) Any person subject to a criminal records check who receives pursuant to division (B)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the person's fingerprints. If a person subject to a criminal records check, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the person's fingerprints, the appointing or hiring officer shall not appoint or employ the person in the residential facility.
(C)(1) No appointing or hiring officer shall appoint or employ a person in the residential facility if the person previously has been convicted of or pleaded guilty to any of the violations described in division (A)(4) of section 109.572 of the Revised Code, unless the person meets rehabilitation standards established in rules adopted under division (F) of this section.
(2) If the federal government approves a waiver requested by the director of children and youth to allow conditional appointment or employment in a residential facility, an appointing or hiring officer may appoint or employ conditionally a person before obtaining the results of a criminal records check regarding the person, provided that the officer shall request a criminal records check regarding the person under division (A) of this section before the commencement of the conditional appointment or employment and the person has no direct contact with or access to children during the period of conditional appointment or employment.
(3) An appointing or hiring officer that appoints or employs a person conditionally under division (C)(2) of this section shall terminate the person's appointment or employment if the results of the criminal records check requested under division (A) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending sixty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the person has been convicted of or pleaded guilty to any of the violations described in division (A)(4) of section 109.572 of the Revised Code, the officer shall terminate the person's appointment or employment unless the person meets rehabilitation standards established in rules adopted under division (F) of this section. Termination under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the person makes any attempt to deceive the appointing or hiring officer about the person's criminal record.
(D) The appointing or hiring officer shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon a request pursuant to division (A) of this section. The officer may charge the person subject to the criminal records check a fee for the costs the officer incurs in obtaining the criminal records check. A fee charged under this division shall not exceed the amount of fees the officer pays for the criminal records check. If a fee is charged under this division, the officer shall notify the person who is the applicant at the time of the person's initial application for appointment or employment of the amount of the fee and that, unless the fee is paid, the person who is the applicant will not be considered for appointment or employment.
(E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (A) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The person who is the subject of the criminal records check or the person's representative;
(2) The appointing or hiring officer requesting the criminal records check or the officer's representative;
(3) The department of children and youth, a county department of job and family services, or a public children services agency;
(4) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment.
(F) Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall include rehabilitation standards a person who has been convicted of or pleaded guilty to an offense listed in division (A)(4) of section 109.572 of the Revised Code must meet for an appointing or hiring officer to appoint or employ the person in the residential facility and, to the extent permitted under federal law, guidelines regarding conditional appointment or employment during the pendency of a criminal records check.
(G) An appointing or hiring officer required by division (A) of this section to request a criminal records check shall inform each person who is the applicant, at the time of the person's initial application for appointment or employment that the person subject to the criminal records check is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code.
(H) As used in this section:
(1) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(2) "Person subject to a criminal records check" means a person who is under final consideration for appointment or employment in the residential facility;
(3) "Superintendent of BCII" means the superintendent of the bureau of criminal identification and investigation.
Sec. 5103.054. Not later than one hundred eighty days after the effective date of this section, the department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:
(A) Divide the state into regions;
(B) Determine an ideal number of residential facilities for each region by reviewing the total number of children in foster care in the region requiring care in a residential facility within the past three years;
(C) Establish incentives to attract residential facilities to regions in the state that are below the ideal number of residential facilities needed to serve children in foster care, as determined pursuant to division (B) of this section, in order to enable a child to remain within, or close to, the county in which the child resided prior to the child's placement in foster care.
Sec. 5103.055. Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following:
(A) A procedure for individuals in a community in which a residential facility is located to communicate concerns, complaints, or other pertinent information to the department regarding the facility;
(B) Standards for tracking and retaining communications received under division (A) of this section.
Sec. 5103.056. If the department of children and youth has determined that a residential facility has violated a requirement for certification and issues a corrective action plan for the facility to remedy the violation, the operator of the facility shall provide documentary evidence of the correction. Self-attestation of the correction without documentary evidence shall not be sufficient proof of correction of the violation.
Sec. 5103.057. (A) A county, township, or municipal corporation may revoke any conditional use permit issued by the county, township, or municipal corporation respecting real property used as a residential facility, if the operator of the facility fails to comply with the requirements of the permit or has failed to fulfill the requirements of a corrective action plan issued by the department of children and youth for a finding of noncompliance. The department may provide notification of the failure to fulfill the requirements of a corrective action plan to the county, township, or municipal corporation.
(B) The county, township, or municipal corporation shall notify the holder of the permit either by certified mail or, if the county, township, or municipal corporation has record of an internet identifier of record associated with the holder, by ordinary mail and by that internet identifier of record of its intent to revoke the permit under division (A) of this section and of the holder's right to a hearing before the county, township, or municipal corporation, within thirty days of the mailing of the notice, if the holder so requests. If the holder requests a hearing, the county, township, or municipal corporation shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by the holder's attorney, or by other representative, or the holder may present the holder's position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the county, township, or municipal corporation may revoke the permit without a hearing. The authority to revoke a permit is in addition to any other means of zoning enforcement provided by law.
(C) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Sec. 5103.058. (A) The department of children and youth shall conduct a site visit of a residential facility at least annually to ensure certification compliance. The department may conduct a site visit more than once a year in accordance with rules adopted under division (B) of this section. The department is not required to provide advance notification to the residential facility of a site visit.
(B) Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish criteria for requiring more than one site visit per year under division (A) of this section. The rules shall specify that a residential facility is subject to more than one site visit per year after surpassing a threshold, to be determined by the director, of reports received under sections 2151.462 and 2151.464 of the Revised Code and concerns and complaints received under section 2151.467 and section 5103.055 of the Revised Code.
Sec. 5103.0510. Each operator of a residential facility shall establish a twenty-four-hour emergency on-call procedure to respond to contact from hospitals, law enforcement officers, and first responders regarding emergencies involving a child under the care and supervision of the facility.
Sec. 5103.0512. (A) Not later than one year after the effective date of this section and annually thereafter, the department of children and youth shall survey staff of all residential facilities and of public children services agencies and private child placing agencies working with children under the care and supervision of residential facilities regarding the status of these children. The survey shall examine concerns regarding residential facility operations, the children residing in the facility, and the staff working within and overseeing the facility.
(B) The director of children and youth shall, on an annual basis, do both of the following:
(1) Review all reports received under sections 2151.462 and 2151.464 of the Revised Code, concerns received under section 2151.467 of the Revised Code, and the results of the survey conducted under division (A) of this section;
(2) Review Chapter 5101:2-9 of the Ohio Administrative Code to determine whether the training requirements are adequately responsive to the needs of residential facilities, based on the results of the review under division (B)(1) of this section.
(C) If the director determines that Chapter 5101:2-9 of the Ohio Administrative Code should be updated pursuant to a review under division (B)(2) of this section, the director shall adopt or modify rules in accordance with Chapter 119. of the Revised Code.
Sec. 5103.0513. (A) Not later than thirty days after the effective date of this section, the department of children and youth, in conjunction with the department of education and workforce, shall create a standard form to be used by a public children services agency or private child placing agency with custody of a child placed in a residential facility to convey information necessary to support the child's education.
(B)(1) A public children services agency or private child placing agency with custody of a child shall complete the form under division (A) of this section for each child the agency places in a residential facility outside the county of the child's school district of residence.
(2) The agency shall convey the information to the foster care liaison in a student's new school district verbally upon enrolling the child. Not later than five days after a child's enrollment in the new school district, the agency shall submit the form completed under division (B)(1) of this section to the district's foster care liaison.
Sec.
5120.59. Before (A)
Within nine months prior to the release of a prisoner is
released from a state correctional institution
if the prisoner is serving a sentence that is more than one year,
or within a reasonable time if the prisoner
is serving a sentence that is less than one year, the
department of rehabilitation and correction shall attempt to verify
the prisoner's identification and
social security number. If the department is not able to verify the
prisoner's identification and social security number, if the prisoner
has no other documentary evidence required by the registrar of motor
vehicles for the issuance of an identification card under section
4507.50 of the Revised Code, and if the department determines that
the prisoner is legally living in the United States, the department
shall issue to the prisoner upon the prisoner's release an
identification card that the prisoner may present to the registrar or
a deputy registrar of motor vehiclesage
and identity in order to satisfy the requirements of section 4507.51
of the Revised Code.
(B) The department shall provide each prisoner who does not have a current valid and unexpired state issued identification card or driver's license with the application described in section 4507.51 of the Revised Code. The department shall submit any completed application, along with a color photograph of the prisoner and documentary evidence of the prisoner's age and identity, to the registrar of motor vehicles in accordance with the process established by the registrar under sections 4507.50 and 4507.51 of the Revised Code.
Sec.
5139.511. Before (A)
Within nine months prior to the release of a youth is
released from a secure facility under the control of
the department of youth services if the
youth is serving a sentence that is more than one year, or
within a reasonable time if the youth is serving a sentence that is
less than one year, the department of youth services shall
attempt to verify the youth's identification
and social security number. If the department is able to verify the
youth's identity with a verified birth certificate and social
security number, the department shall issue an identification card
that the youth may present to the registrar or deputy registrar of
motor vehicles. If the department is not able to verify the youth's
identity with both a verified birth certificate and social security
number, the youth shall not receive an identification card under this
sectionage and identity in
order to satisfy the requirements of section 4507.51 of the Revised
Code.
(B) The department shall provide each youth who does not have a current valid and unexpired state issued identification card or driver's license with the application described in section 4507.51 of the Revised Code. The department shall submit any completed application, along with a color photograph of the youth and documentary evidence of the youth's age and identity, to the registrar of motor vehicles in accordance with the process established by the registrar under sections 4507.50 and 4507.51 of the Revised Code.
Sec. 5145.1611. (A)(1) The department of rehabilitation and correction shall provide every inmate who is released from a term of imprisonment for a felony offense and whose intended residence is within this state with the documentation listed in division (B) of this section to assist the inmate in obtaining post-release employment.
(2) Except as provided in division (C) of this section, the department shall assist each inmate in creating a resume and conducting a practice job interview, provided that resources are available or third parties can assist with the resumes and interviews at no cost to the department. The department may contract with government or nonprofit workforce development reentry organizations to assist inmates in creating resumes and conducting practice job interviews.
(B) For purposes of assisting an inmate in obtaining post-release employment, the department shall provide each inmate with the following documentation upon the inmate's release from custody:
(1) A copy of the vocational training record of the inmate, if applicable;
(2) A copy of the work record of the inmate, if applicable;
(3) A certified copy of the birth certificate of the inmate, if obtainable;
(4) A social security card or a replacement social security card of the inmate, if the inmate has a social security number and if obtainable;
(5) An identification card or temporary identification card issued by the registrar of motor vehicles under section 4507.50 of the Revised Code, as applicable;
(6) Except as provided in division (C) of this section, a resume that includes any trade learned by the inmate and the proficiency at that trade by the inmate;
(7) Except as provided in division (C) of this section, documentation that the inmate has completed a practice job interview;
(8) A notification to the inmate if the inmate is eligible to apply for a license from a state entity charged with oversight of an occupational license or certification, if the inmate completed the requirements for eligibility for the license or certification while incarcerated at the department's facility.
(C) The following categories of inmates are not required to complete resumes or practice job interviews prior to release from incarceration:
(1) Inmates who decline to participate;
(2) Inmates sixty-five years of age or older;
(3) Inmates granted judicial release under division (N) of section 2929.20 of the Revised Code or released as if on parole under section 2967.05 of the Revised Code;
(4) Inmates released to the custody of another jurisdiction;
(5) Inmates that the department of rehabilitation and correction determines would be physically or mentally unable to return to the workforce upon release from incarceration.
Sec. 5180.40. (A) As used in this section:
(1) "Dollywood foundation" means the Dollywood nonprofit foundation headquartered in Tennessee.
(2) "Dolly Parton's imagination library of Ohio" means the nonprofit organization within the Dollywood foundation created to fund and manage the operations of the Dolly Parton's imagination library in the state.
(B) The Dolly Parton's imagination library of Ohio advisory board is created. The board may do all of the following:
(1) Work with the Dollywood foundation and local nonprofit organizations located in each participating county to ensure all books distributed under the program remain at no cost to Ohio families;
(2) Provide advice and recommendations to the Dollywood foundation on the appointment and hiring of the Ohio director of the Dollywood foundation who will manage the daily operations of Dolly Parton's imagination library of Ohio;
(3) Provide strategic advice to the state director;
(4) In conjunction with the state director, act as the public representatives of the Dolly Parton's imagination library of Ohio;
(5) Not sooner than July 1, 2025, and subject to funds appropriated by the general assembly for that purpose, enter into a memorandum of understanding with the Dollywood foundation to operate Dolly Parton's imagination library of Ohio for the fiscal biennium that begins on that date;
(6) Enter into any subsequent memoranda of understanding with the Dollywood foundation to operate the Dolly Parton's imagination library of Ohio, as the Dollywood foundation determines necessary. However, each such memorandum only shall last the duration of one fiscal biennium, and the funding of the board shall be subject to funds appropriated by the general assembly for that biennium.
(C) The board shall consist of the following twelve members:
(1) Nine voting members appointed by the governor with the advice and consent of the senate;
(2) One voting member appointed by the president of the senate;
(3) One voting member appointed by the speaker of the house of representatives;
(4) The director of children and youth, who shall serve as an ex officio, nonvoting member, or the director's designee.
(D) Members shall not be compensated for work as members of the advisory board to the extent that serving on the board is considered a part of the member's regular duties of employment.
(E) Each voting member appointed to the board shall serve a term of three years, each term ending on the same day of the same month of the year as did the term which it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Each member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Members may be reappointed to an unlimited number of successive terms.
(F) Any voting member of the board may be removed by the member's appointing authority for misconduct, incompetency, or neglect of duty.
Pursuant to section 3.17 of the Revised Code, the board shall remove a voting member who fails to attend at least three-fifths of the regular and special meetings held by the board during any two-year period."
After line 6263, insert:
"Sec. 5709.73. (A) As used in this section and section 5709.74 of the Revised Code:
(1) "Business day" means a day of the week excluding Saturday, Sunday, and a legal holiday as defined in section 1.14 of the Revised Code.
(2) "Further improvements" or "improvements" means the increase in the assessed value of real property that would first appear on the tax list and duplicate of real and public utility property after the effective date of a resolution adopted under this section were it not for the exemption granted by that resolution. For purposes of division (B) of this section, "improvements" do not include any property used or to be used for residential purposes. For this purpose, "property that is used or to be used for residential purposes" means property that, as improved, is used or to be used for purposes that would cause the tax commissioner to classify the property as residential property in accordance with rules adopted by the commissioner under section 5713.041 of the Revised Code.
(3) "Housing renovation" means a project carried out for residential purposes.
(4) "Incentive district" has the same meaning as in section 5709.40 of the Revised Code, except that a blighted area is in the unincorporated area of a township.
(5) "Overlay" has the same meaning as in section 5709.40 of the Revised Code, except that the overlay is delineated by the board of township trustees.
(6) "Project" and "public infrastructure improvement" have the same meanings as in section 5709.40 of the Revised Code.
(7) "Urban township" has the same meaning as in section 504.01 of the Revised Code.
(8) "Nonperforming parcel" means a parcel to which all of the following apply:
(a) The parcel is exempted from taxation under division (B) of this section or has been included in a district created under division (C) of this section.
(b) The parcel's owner is required to make payments in lieu of taxes in accordance with section 5709.74 of the Revised Code.
(c) No such payments have been remitted to the county treasurer since the inception of the exemption or district.
(B) A board of township trustees may adopt a resolution that declares to be a public purpose any public infrastructure improvements made that are necessary for the development of certain parcels of land located in the unincorporated area of the township. Except for a resolution adopted by the board of an urban township, the resolution shall be adopted by a unanimous vote of the board. Except as otherwise provided under division (D) of this section or section 5709.51 of the Revised Code, the resolution may exempt from real property taxation not more than seventy-five per cent of further improvements to a parcel of land that directly benefits from the public infrastructure improvements, for a period of not more than ten years. The resolution shall specify the percentage of the further improvements to be exempted and the life of the exemption.
(C)(1) A board of township trustees may adopt a resolution creating an incentive district and declaring improvements to parcels within the district to be a public purpose and, except as provided in division (C)(2) of this section, exempt from taxation as provided in this section. Except for a resolution adopted by the board of an urban township, the resolution shall be adopted by a unanimous vote of the board. A board of township trustees of a township that has a population that exceeds twenty-five thousand, as shown by the most recent federal decennial census, may not adopt a resolution that creates an incentive district if the sum of the taxable value of real property in the proposed district for the preceding tax year and the taxable value of all real property in the township that would have been taxable in the preceding year were it not for the fact that the property was in an existing incentive district and therefore exempt from taxation exceeds twenty-five per cent of the taxable value of real property in the township for the preceding tax year. The district shall be located within the unincorporated area of the township and shall not include any territory that is included within a district created under division (B) of section 5709.78 of the Revised Code. The resolution shall delineate the boundary of the proposed district and specifically identify each parcel within the district. A proposed district may not include any parcel, other than a nonperforming parcel, that is or has been exempted from taxation under division (B) of this section or that is or has been within another district created under this division. On and after the effective date of the district, a nonperforming parcel within the district is no longer exempted from taxation under division (B) of this section or included within an incentive district under any previous resolution, and the parcel's owner is no longer required to make payments in lieu of taxes under such a previous resolution in accordance with section 5709.74 of the Revised Code. Any exemption application filed with the tax commissioner under section 5715.27 of the Revised Code under the second resolution shall identify the nonperforming parcels included in the second district, the original resolution under which the nonperforming parcels were originally exempted, and the value history of each nonperforming parcel since the enactment of the original resolution. A resolution may create more than one such district, and more than one resolution may be adopted under division (C)(1) of this section.
(2)(a) Not later than thirty days prior to adopting a resolution under division (C)(1) of this section, if the township intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district, the board shall conduct a public hearing on the proposed resolution. Not later than thirty days prior to the public hearing, the board shall give notice of the public hearing and the proposed resolution by first class mail to every real property owner whose property is located within the boundaries of the proposed incentive district that is the subject of the proposed resolution. The notice shall include a map of the proposed incentive district on which the board of township trustees shall have delineated an overlay. The notice shall inform the property owner of the owner's right to exclude the owner's property from the incentive district if both of the following conditions are met:
(i) The owner's entire parcel of property will not be located within the overlay.
(ii) The owner has submitted a statement to the board of county commissioners of the county in which the parcel is located indicating the owner's intent to seek a tax exemption for improvements to the owner's parcel under division (A) or (B) of section 5709.78 of the Revised Code within the next five years.
When both of the preceding conditions are met, the owner may exclude the owner's property from the incentive district by submitting a written response in accordance with division (C)(2)(b) of this section. The notice also shall include information detailing the required contents of the response, the address to which the response may be mailed, and the deadline for submitting the response.
(b) Any owner of real property located within the boundaries of an incentive district proposed under division (C)(1) of this section who meets the conditions specified in divisions (C)(2)(a)(i) and (ii) of this section may exclude the property from the proposed incentive district by submitting a written response to the board not later than forty-five days after the postmark date on the notice required under division (C)(2)(a) of this section. The response shall include a copy of the statement submitted under division (C)(2)(a)(ii) of this section. The response shall be sent by first class mail or delivered in person at a public hearing held by the board under division (C)(2)(a) of this section. The response shall conform to any content requirements that may be established by the board and included in the notice provided under division (C)(2)(a) of this section. In the response, property owners may identify a parcel by street address, by the manner in which it is identified in the resolution, or by other means allowing the identity of the parcel to be ascertained.
(c) Before adopting a resolution under division (C)(1) of this section, the board shall amend the resolution to exclude any parcel for which a written response has been submitted under division (C)(2)(b) of this section. A township shall not apply for exemptions from taxation under section 5709.911 of the Revised Code for any such parcel, and service payments may not be required from the owner of the parcel. Improvements to a parcel excluded from an incentive district under this division may be exempted from taxation under division (B) of this section pursuant to a resolution adopted under that division or under any other section of the Revised Code under which the parcel qualifies.
(3)(a) A resolution adopted under division (C)(1) of this section shall specify the life of the incentive district and the percentage of the improvements to be exempted, shall designate the public infrastructure improvements made, to be made, or in the process of being made, that benefit or serve, or, once made, will benefit or serve parcels in the district. The resolution also shall identify one or more specific projects being, or to be, undertaken in the district that place additional demand on the public infrastructure improvements designated in the resolution. The project identified may, but need not be, the project under division (C)(3)(b) of this section that places real property in use for commercial or industrial purposes.
A resolution adopted under division (C)(1) of this section on or after March 30, 2006, shall not designate police or fire equipment as public infrastructure improvements, and, except as provided in division (F) of this section, no service payment provided for in section 5709.74 of the Revised Code and received by the township under the resolution shall be used for police or fire equipment.
(b) A resolution adopted under division (C)(1) of this section may authorize the use of service payments provided for in section 5709.74 of the Revised Code for the purpose of housing renovations within the incentive district, provided that the resolution also designates public infrastructure improvements that benefit or serve the district, and that a project within the district places real property in use for commercial or industrial purposes. Service payments may be used to finance or support loans, deferred loans, and grants to persons for the purpose of housing renovations within the district. The resolution shall designate the parcels within the district that are eligible for housing renovations. The resolution shall state separately the amount or the percentages of the expected aggregate service payments that are designated for each public infrastructure improvement and for the purpose of housing renovations.
(4) Except with the approval of the board of education of each city, local, or exempted village school district within the territory of which the incentive district is or will be located, and subject to division (E) of this section, the life of an incentive district shall not exceed ten years, and the percentage of improvements to be exempted shall not exceed seventy-five per cent. With approval of the board of education, the life of a district may be not more than thirty years, and the percentage of improvements to be exempted may be not more than one hundred per cent. The approval of a board of education shall be obtained in the manner provided in division (D) of this section.
(D) Improvements with respect to a parcel may be exempted from taxation under division (B) of this section, and improvements to parcels within an incentive district may be exempted from taxation under division (C) of this section, for up to ten years or, with the approval of the board of education of the city, local, or exempted village school district within which the parcel or district is located, for up to thirty years. The percentage of the improvements exempted from taxation may, with such approval, exceed seventy-five per cent, but shall not exceed one hundred per cent. Not later than forty-five business days prior to adopting a resolution under this section declaring improvements to be a public purpose that is subject to approval by a board of education under this division, the board of township trustees shall deliver to the board of education a notice stating its intent to adopt a resolution making that declaration. The notice regarding improvements with respect to a parcel under division (B) of this section shall identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period for which the improvements would be exempted from taxation and the percentage of the improvements that would be exempted, and indicate the date on which the board of township trustees intends to adopt the resolution. The notice regarding improvements made under division (C) of this section to parcels within an incentive district shall delineate the boundaries of the district, specifically identify each parcel within the district, identify each anticipated improvement in the district, provide an estimate of the true value in money of each such improvement, specify the life of the district and the percentage of improvements that would be exempted, and indicate the date on which the board of township trustees intends to adopt the resolution. The board of education, by resolution adopted by a majority of the board, may approve the exemption for the period or for the exemption percentage specified in the notice; may disapprove the exemption for the number of years in excess of ten, may disapprove the exemption for the percentage of the improvements to be exempted in excess of seventy-five per cent, or both; or may approve the exemption on the condition that the board of township trustees and the board of education negotiate an agreement providing for compensation to the school district equal in value to a percentage of the amount of taxes exempted in the eleventh and subsequent years of the exemption period or, in the case of exemption percentages in excess of seventy-five per cent, compensation equal in value to a percentage of the taxes that would be payable on the portion of the improvements in excess of seventy-five per cent were that portion to be subject to taxation, or other mutually agreeable compensation.
The board of education shall certify its resolution to the board of township trustees not later than fourteen days prior to the date the board of township trustees intends to adopt the resolution as indicated in the notice. If the board of education and the board of township trustees negotiate a mutually acceptable compensation agreement, the resolution may declare the improvements a public purpose for the number of years specified in the resolution or, in the case of exemption percentages in excess of seventy-five per cent, for the exemption percentage specified in the resolution. In either case, if the board of education and the board of township trustees fail to negotiate a mutually acceptable compensation agreement, the resolution may declare the improvements a public purpose for not more than ten years, and shall not exempt more than seventy-five per cent of the improvements from taxation. If the board of education fails to certify a resolution to the board of township trustees within the time prescribed by this section, the board of township trustees thereupon may adopt the resolution and may declare the improvements a public purpose for up to thirty years or, in the case of exemption percentages proposed in excess of seventy-five per cent, for the exemption percentage specified in the resolution. The board of township trustees may adopt the resolution at any time after the board of education certifies its resolution approving the exemption to the board of township trustees, or, if the board of education approves the exemption on the condition that a mutually acceptable compensation agreement be negotiated, at any time after the compensation agreement is agreed to by the board of education and the board of township trustees. If a mutually acceptable compensation agreement is negotiated between the board of township trustees and the board of education, including agreements for payments in lieu of taxes under section 5709.74 of the Revised Code, the board of township trustees shall compensate the joint vocational school district within which the parcel or district is located at the same rate and under the same terms received by the city, local, or exempted village school district.
If a board of education has adopted a resolution waiving its right to approve exemptions from taxation under this section and the resolution remains in effect, approval of such exemptions by the board of education is not required under division (D) of this section. If a board of education has adopted a resolution allowing a board of township trustees to deliver the notice required under division (D) of this section fewer than forty-five business days prior to adoption of the resolution by the board of township trustees, the board of township trustees shall deliver the notice to the board of education not later than the number of days prior to the adoption as prescribed by the board of education in its resolution. If a board of education adopts a resolution waiving its right to approve exemptions or shortening the notification period, the board of education shall certify a copy of the resolution to the board of township trustees. If the board of education rescinds the resolution, it shall certify notice of the rescission to the board of township trustees.
If the board of township trustees is not required by division (D) of this section to notify the board of education of the board of township trustees' intent to declare improvements to be a public purpose, the board of township trustees shall comply with the notice requirements imposed under section 5709.83 of the Revised Code before taking formal action to adopt the resolution making that declaration, unless the board of education has adopted a resolution under that section waiving its right to receive the notice.
Nothing in this division prohibits the board of township trustees from amending the resolution under section 5709.51 of the Revised Code to extend the term of the exemption.
(E)(1) If a proposed resolution under division (C)(1) of this section exempts improvements with respect to a parcel within an incentive district for more than ten years, or the percentage of the improvement exempted from taxation exceeds seventy-five per cent, not later than forty-five business days prior to adopting the resolution the board of township trustees shall deliver to the board of county commissioners of the county within which the incentive district is or will be located a notice that states its intent to adopt a resolution creating an incentive district. The notice shall include a copy of the proposed resolution, identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period of time for which the improvements would be exempted from taxation, specify the percentage of the improvements that would be exempted from taxation, and indicate the date on which the board of township trustees intends to adopt the resolution.
(2) The board of county commissioners, by resolution adopted by a majority of the board, may object to the exemption for the number of years in excess of ten, may object to the exemption for the percentage of the improvement to be exempted in excess of seventy-five per cent, or both. If the board of county commissioners objects, the board may negotiate a mutually acceptable compensation agreement with the board of township trustees. In no case shall the compensation provided to the board of county commissioners exceed the property taxes foregone due to the exemption. If the board of county commissioners objects, and the board of county commissioners and board of township trustees fail to negotiate a mutually acceptable compensation agreement, the resolution adopted under division (C)(1) of this section shall provide to the board of county commissioners compensation in the eleventh and subsequent years of the exemption period equal in value to not more than fifty per cent of the taxes that would be payable to the county or, if the board of county commissioner's objection includes an objection to an exemption percentage in excess of seventy-five per cent, compensation equal in value to not more than fifty per cent of the taxes that would be payable to the county, on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation. The board of county commissioners shall certify its resolution to the board of township trustees not later than thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or fails to certify its resolution objecting to an exemption within thirty days after receipt of the notice, the board of township trustees may adopt its resolution, and no compensation shall be provided to the board of county commissioners. If the board of county commissioners timely certifies its resolution objecting to the trustees' resolution, the board of township trustees may adopt its resolution at any time after a mutually acceptable compensation agreement is agreed to by the board of county commissioners and the board of township trustees, or, if no compensation agreement is negotiated, at any time after the board of township trustees agrees in the proposed resolution to provide compensation to the board of county commissioners of fifty per cent of the taxes that would be payable to the county in the eleventh and subsequent years of the exemption period or on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation.
(F) Service payments in lieu of taxes that are attributable to any amount by which the effective tax rate of either a renewal levy with an increase or a replacement levy exceeds the effective tax rate of the levy renewed or replaced, or that are attributable to an additional levy, for a levy authorized by the voters for any of the following purposes on or after January 1, 2006, and which are provided pursuant to a resolution creating an incentive district under division (C)(1) of this section that is adopted on or after January 1, 2006, or a later date as specified in this division, shall be distributed to the appropriate taxing authority as required under division (C) of section 5709.74 of the Revised Code in an amount equal to the amount of taxes from that additional levy or from the increase in the effective tax rate of such renewal or replacement levy that would have been payable to that taxing authority from the following levies were it not for the exemption authorized under division (C) of this section:
(1) A tax levied under division (L) of section 5705.19 or section 5705.191 or 5705.222 of the Revised Code for community developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the Revised Code for providing or maintaining senior citizens services or facilities;
(3) A tax levied under section 5705.22 of the Revised Code for county hospitals;
(4) A tax levied by a joint-county district or by a county under section 5705.19, 5705.191, or 5705.221 of the Revised Code for alcohol, drug addiction, and mental health services or families;
(5) A tax levied under section 5705.23 of the Revised Code for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code for the support of children services and the placement and care of children;
(7) A tax levied under division (Z) of section 5705.19 of the Revised Code for the provision and maintenance of zoological park services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of section 5705.19 of the Revised Code for the support of township park districts;
(9) A tax levied under division (A), (F), or (H) of section 5705.19 of the Revised Code for parks and recreational purposes of a joint recreation district organized pursuant to division (B) of section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code for the purpose of making appropriations for public assistance; human or social services; public relief; public welfare; public health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code for a general health district program;
(13) A tax levied by a township under section 505.39, 505.51, or division (I), (J), (U), or (JJ) of section 5705.19 of the Revised Code for the purpose of funding fire, police, emergency medical, or ambulance services as described in those sections. Division (F)(13) of this section applies only to incentive districts created by a resolution adopted on or after March 22, 2019, the effective date of the amendment of this section by H.B. 500 of the 132nd general assembly, and only if that resolution specifies that division (F) of this section shall apply to such a tax.
(G) An exemption from taxation granted under this section commences with the tax year specified in the resolution so long as the year specified in the resolution commences after the effective date of the resolution. If the resolution specifies a year commencing before the effective date of the resolution or specifies no year whatsoever, the exemption commences with the tax year in which an exempted improvement first appears on the tax list and duplicate of real and public utility property and that commences after the effective date of the resolution. In lieu of stating a specific year, the resolution may provide that the exemption commences in the tax year in which the value of an improvement exceeds a specified amount or in which the construction of one or more improvements is completed, provided that such tax year commences after the effective date of the resolution. With respect to the exemption of improvements to parcels under division (B) of this section, the resolution may allow for the exemption to commence in different tax years on a parcel-by-parcel basis, with a separate exemption term specified for each parcel.
Except as otherwise provided in this division and section 5709.51 of the Revised Code, the exemption ends on the date specified in the resolution as the date the improvement ceases to be a public purpose or the incentive district expires, or ends on the date on which the public infrastructure improvements and housing renovations are paid in full from the township public improvement tax increment equivalent fund established under section 5709.75 of the Revised Code, whichever occurs first. The exemption of an improvement with respect to a parcel or within an incentive district may end on a later date, as specified in the resolution, if the board of township trustees and the board of education of the city, local, or exempted village school district within which the parcel or district is located have entered into a compensation agreement under section 5709.82 of the Revised Code with respect to the improvement and the board of education has approved the term of the exemption under division (D) of this section, but in no case shall the improvement be exempted from taxation for more than thirty years. The board of township trustees may, by majority vote, adopt a resolution permitting the township to enter into such agreements as the board finds necessary or appropriate to provide for the construction or undertaking of public infrastructure improvements and housing renovations. Any exemption shall be claimed and allowed in the same or a similar manner as in the case of other real property exemptions. If an exemption status changes during a tax year, the procedure for the apportionment of the taxes for that year is the same as in the case of other changes in tax exemption status during the year.
(H) The board of township trustees may issue the notes of the township to finance all costs pertaining to the construction or undertaking of public infrastructure improvements and housing renovations made pursuant to this section. The notes shall be signed by the board and attested by the signature of the township fiscal officer, shall bear interest not to exceed the rate provided in section 9.95 of the Revised Code, and are not subject to Chapter 133. of the Revised Code. The resolution authorizing the issuance of the notes shall pledge the funds of the township public improvement tax increment equivalent fund established pursuant to section 5709.75 of the Revised Code to pay the interest on and principal of the notes. The notes, which may contain a clause permitting prepayment at the option of the board, shall be offered for sale on the open market or given to the vendor or contractor if no sale is made.
(I) The township, not later than fifteen days after the adoption of a resolution under this section, shall submit to the director of development a copy of the resolution. On or before the thirty-first day of March of each year, the township shall submit a status report to the director. The report shall indicate, in the manner prescribed by the director, the progress of the project during each year that the exemption remains in effect, including a summary of the receipts from service payments in lieu of taxes; expenditures of money from the fund created under section 5709.75 of the Revised Code; a description of the public infrastructure improvements and housing renovations financed with the expenditures; and a quantitative summary of changes in private investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a board of township trustees from declaring to be a public purpose improvements with respect to more than one parcel.
If a parcel is located in a new community district in which the new community authority imposes a community development charge on the basis of rentals received from leases of real property as described in division (L)(2) of section 349.01 of the Revised Code, the parcel may not be exempted from taxation under this section.
(K) A board of township trustees that adopted a resolution under this section prior to July 21, 1994, may amend that resolution to include any additional public infrastructure improvement. A board of township trustees that seeks by the amendment to utilize money from its township public improvement tax increment equivalent fund for land acquisition in aid of industry, commerce, distribution, or research, demolition on private property, or stormwater and flood remediation projects may do so provided that the board currently is a party to a hold-harmless agreement with the board of education of the city, local, or exempted village school district within the territory of which are located the parcels that are subject to an exemption. For the purposes of this division, a "hold-harmless agreement" means an agreement under which the board of township trustees agrees to compensate the school district for one hundred per cent of the tax revenue that the school district would have received from further improvements to parcels designated in the resolution were it not for the exemption granted by the resolution.
(L)(L)(1)
Notwithstanding the limitation prescribed by division (D) of this
section on the number of years that improvements to a parcel or
parcels may be exempted from taxation, and
subject to division (L)(3) of this section, a board of
trustees of a township with a population of fifteen thousand or more
may amend a resolution originally adopted under this section before
December 31, 1994, to extend the exemption of improvements to the
parcel or parcels included in such resolution for an additional
period not to exceed fifteen years. The amendment shall not increase
the percentage of improvements to the parcel or parcels exempted from
taxation.
(2) Notwithstanding the limitations prescribed by divisions (C) and (D) of this section on the life of an incentive district and the number of years that improvements to a parcel or parcels within an incentive district may be exempted from taxation, and subject to division (L)(3) of this section, a board of township trustees may amend a resolution originally adopted under division (C) of this section before January 1, 2006, to extend the life of an incentive district created by that resolution. The extension shall be for a period not to exceed fifteen years and shall not increase the percentage of the value of improvements exempted from taxation.
(3)
Before adopting an amendment authorized under this
division (L)(1) or (2) of
this section, the board of township trustees shall provide
notice of the amendment to each board of education of the city,
local, or exempted village school district in which the exempted
parcels or incentive district are located, in the same manner as
provided under division (D) of this section, and shall obtain
the approval of each such board
of education of the city, local, or
exempted village school district within which the exempted parcels
are located in the manner required under that
division (D) of this
section, except that (1)(a)
the board of education may approve the exemption on the condition
that the board of township trustees and the board of education
negotiate an agreement providing for compensation to the school
district equal in value to the amount of taxes the district forgoes
in each year the exemption is extended pursuant
to this division or any other mutually agreeable
compensation and (2)(b)
if the board of education fails to certify a resolution approving the
amendment to the board of township trustees within the time
prescribed by division (D) of this section, the board of township
trustees shall not adopt the amendment
authorized under this division.
No
approval under this division
(L)(3) of this section shall be
required for an amendment authorized under
division (L)(2) of this section if the amendment provides for
compensation to the city, local, or exempted village school district
in which the incentive district is located equal in value to the
amount of taxes that would be payable to the school district if the
improvements exempted from taxation had not been exempted for the
additional period. Approval is also not required for an amendment
authorized under either division (L)(1) or (2) of this section from
a board of education that has adopted a resolution waiving its right
to approve exemptions from taxation pursuant to division (D) of this
section. If the board of education has adopted such a resolution, the
board of township trustees shall comply with the notice requirements
imposed under section 5709.83 of the Revised Code before taking
formal action to adopt an the
amendment authorized under
this division unless the board of education has
adopted a resolution under that section waiving its right to receive
the notice. Not later than fourteen days before adopting an amendment
authorized under this division
(L)(1) or (2) of this section, the board of township
trustees shall deliver a notice identical to a notice required under
section 5709.83 of the Revised Code to the board of county
commissioners of each county in which the exempted parcels or
incentive district are located.
Sec. 5713.30. As used in sections 5713.31 to 5713.37 and 5715.01 of the Revised Code:
(A) "Land devoted exclusively to agricultural use" means:
(1) Tracts, lots, or parcels of land totaling not less than ten acres to which, during the three calendar years prior to the year in which application is filed under section 5713.31 of the Revised Code, and through the last day of May of such year, one or more of the following apply:
(a) The tracts, lots, or parcels of land were devoted exclusively to commercial animal or poultry husbandry, aquaculture, algaculture meaning the farming of algae, apiculture, the cultivation of hemp by a person issued a hemp cultivation license under section 928.02 of the Revised Code, the production for a commercial purpose of timber, field crops, tobacco, fruits, vegetables, nursery stock, ornamental trees, sod, or flowers, or the growth of timber for a noncommercial purpose, if the land on which the timber is grown is contiguous to or part of a parcel of land under common ownership that is otherwise devoted exclusively to agricultural use.
(b) The tracts, lots, or parcels of land were devoted exclusively to biodiesel production, biomass energy production, electric or heat energy production, or biologically derived methane gas production if the land on which the production facility is located is contiguous to or part of a parcel of land under common ownership or leasehold that is otherwise devoted exclusively to agricultural use, provided that (i) at least fifty per cent of the feedstock used in the production is agricultural feedstock, (ii) at least twenty per cent of the agricultural feedstock used in the production is derived from parcels of land under common ownership or leasehold, and (iii) none of the feedstock used in the production consists of human waste. As used in this division, "agricultural feedstock" means manure and food waste, and "human waste" includes sludge as defined in section 6111.01 of the Revised Code.
(c)
The tracts, lots, or parcels of land were
devoted to and qualified for payments or other compensation under a
land retirement or conservation program under an agreement with an
agency of the federal governmentare
eligible conservation land.
(2)
Tracts, lots, or parcels of land totaling less than ten acres that,
during the three calendar years prior to the year in which
application is filed under section 5713.31 of the Revised Code and
through the last day of May of such year, were devoted exclusively to
commercial animal or poultry husbandry, aquaculture, algaculture
meaning the farming of algae, apiculture, the cultivation of hemp by
a person issued a hemp cultivation license under section 928.02 of
the Revised Code, the production for a commercial purpose of field
crops, tobacco, fruits, vegetables, timber, nursery stock, ornamental
trees, sod, or flowers where such activities produced an average
yearly gross income of at least twenty-five hundred dollars during
such three-year period or where there is evidence of an anticipated
gross income of such amount from such activities during the tax year
in which application is made, or were devoted
to and qualified for payments or other compensation under a land
retirement or conservation program under an agreement with an agency
of the federal governmenteligible
conservation land;
(3) Tracts, lots, or parcels of land, or portions thereof that, during the previous three consecutive calendar years have been designated as land devoted exclusively to agricultural use, but such land has been lying idle or fallow for up to one year and no action has occurred to such land that is either inconsistent with the return of it to agricultural production or converts the land devoted exclusively to agricultural use as defined in this section. Such land shall remain designated as land devoted exclusively to agricultural use provided that beyond one year, but less than three years, the landowner proves good cause as determined by the board of revision.
(4) Tracts, lots, or parcels of land, or portions thereof that, during the previous three consecutive calendar years have been designated as land devoted exclusively to agricultural use, but such land has been lying idle or fallow because of dredged material being stored or deposited on such land pursuant to a contract between the land's owner and the department of natural resources or the United States army corps of engineers and no action has occurred to the land that is either inconsistent with the return of it to agricultural production or converts the land devoted exclusively to agricultural use. Such land shall remain designated as land devoted exclusively to agricultural use until the last year in which dredged material is stored or deposited on the land pursuant to such a contract, but not to exceed five years.
"Land devoted exclusively to agricultural use" includes tracts, lots, or parcels of land or portions thereof that are used for conservation practices, provided that the tracts, lots, or parcels of land or portions thereof comprise twenty-five per cent or less of the total of the tracts, lots, or parcels of land that satisfy the criteria established in division (A)(1), (2), (3), or (4) of this section together with the tracts, lots, or parcels of land or portions thereof that are used for conservation practices.
Notwithstanding any other provision of law to the contrary, the existence of agritourism on a tract, lot, or parcel of land that otherwise meets the definition of "land devoted exclusively to agricultural use" as defined in this division does not disqualify that tract, lot, or parcel from valuation under sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.
A tract, lot, or parcel of land taxed under sections 5713.22 to 5713.26 of the Revised Code is not land devoted exclusively to agricultural use.
A tract, lot, parcel, or portion thereof on which medical marijuana, as defined by section 3796.01 of the Revised Code, is cultivated or processed is not land devoted exclusively to agricultural use.
(B) "Conversion of land devoted exclusively to agricultural use" means any of the following:
(1) The failure of the owner of land devoted exclusively to agricultural use during the next preceding calendar year to file a renewal application under section 5713.31 of the Revised Code without good cause as determined by the board of revision;
(2) The failure of the new owner of such land to file an initial application under that section without good cause as determined by the board of revision;
(3) The failure of such land or portion thereof to qualify as land devoted exclusively to agricultural use for the current calendar year as requested by an application filed under such section;
(4) The failure of the owner of the land described in division (A)(3) or (4) of this section to act on such land in a manner that is consistent with the return of the land to agricultural production after three years.
The construction or installation of an energy facility, as defined in section 5727.01 of the Revised Code, on a portion of a tract, lot, or parcel of land devoted exclusively to agricultural use shall not cause the remaining portion of the tract, lot, or parcel to be regarded as a conversion of land devoted exclusively to agricultural use if the remaining portion of the tract, lot, or parcel continues to be devoted exclusively to agricultural use.
(C) "Tax savings" means the difference between the dollar amount of real property taxes levied in any year on land valued and assessed in accordance with its current agricultural use value and the dollar amount of real property taxes that would have been levied upon such land if it had been valued and assessed for such year in accordance with Section 2 of Article XII, Ohio Constitution.
(D) "Owner" includes, but is not limited to, any person owning a fee simple, fee tail, or life estate or a buyer on a land installment contract.
(E) "Conservation practices" are practices used to abate soil erosion as required in the management of the farming operation, and include, but are not limited to, the installation, construction, development, planting, or use of grass waterways, terraces, diversions, filter strips, field borders, windbreaks, riparian buffers, wetlands, ponds, and cover crops for that purpose.
(F) "Wetlands" has the same meaning as in section 6111.02 of the Revised Code.
(G) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats or any combination of those reagents and that meets the American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.
(H) "Biologically derived methane gas" means gas from the anaerobic digestion of organic materials, including animal waste and agricultural crops and residues.
(I) "Biomass energy" means energy that is produced from organic material derived from plants or animals and available on a renewable basis, including, but not limited to, agricultural crops, tree crops, crop by-products, and residues.
(J) "Electric or heat energy" means electric or heat energy generated from manure, cornstalks, soybean waste, or other agricultural feedstocks.
(K) "Dredged material" means material that is excavated or dredged from waters of this state. "Dredged material" does not include material resulting from normal farming, silviculture, and ranching activities, such as plowing, cultivating, seeding, and harvesting, for production of food, fiber, and forest products.
(L) "Agritourism" has the same meaning as in section 901.80 of the Revised Code.
(M) "Eligible conservation land" means either of the following:
(1) A tract, lot, or parcel devoted to and qualified for payments or other compensation under a land retirement or conservation program under an agreement with an agency of the federal government;
(2) A tract, lot, or parcel that meets at least one of the conditions described in divisions (M)(2)(a) to (c) of this section and the condition described in division (M)(2)(d) of this section.
(a) The land is subject to an agricultural water project or nature water project that receives funding from the H2Ohio fund created in section 126.60 of the Revised Code.
(b) The land was subject to such a project during the immediately preceding calendar year.
(c) The land is or was subject to such a project for the current or one of the two immediately preceding tax years and, for the current tax year, is subject to either a conservation easement held by the state or an agency of the state or a conservation easement held by any other person if such easement is a condition of a nature water project that is funded through the H2Ohio fund.
(d) For the tax year that includes or immediately precedes the year in which the land became subject to the project described in division (M)(2)(a), (b), or (c) of this section, as applicable, the land qualified as land devoted exclusively to agricultural use pursuant to other criteria in divisions (A)(1) to (4) of this section.
As used in division (M)(2) of this section, "conservation easement" has the same meaning as in section 5301.67 of the Revised Code.
Sec.
5713.31. (A) At any time after the first Monday in January
and prior to the first Monday in March of any year, an owner of
agricultural land may file an application with the county auditor of
the county in which such land is located, requesting the auditor to
value the land for real property tax purposes at the current value
such land has for agricultural use, in accordance with section
5715.01 of the Revised Code and the rules adopted by the commissioner
for the valuation of such land. An owner's first application with
respect to the owner's land shall be in the form of an initial
application. Each application filed in ensuing consecutive years
after the initial application by that owner shall be in the form of a
renewal application. The commissioner shall prescribe the form of the
initial and the renewal application, but the renewal application
shall require no more information than is necessary to establish the
applicant's continued eligibility to have the applicant's land valued
for agricultural use, for all lots, parcels, or tracts of land, or
portions thereof, within a county, that have been valued at the
current value of such land for agricultural use in the preceding tax
year. If, on the first day of January of the tax year, any portion of
the applicant's agricultural land is eligible
conservation land or is used for a conservation practice
or devoted to a land retirement or conservation program under an
agreement with an agency of the federal government,
the applicant shall so indicate on the initial or renewal
application.
(B) On or before the second Tuesday after the first Monday in March, the auditor shall determine whether the current owner of any lot, parcel, or tract of land or portion thereof contained in the preceding tax year's agricultural land tax list failed to file an initial or renewal application, as appropriate, for the current tax year with respect to such lot, parcel, or tract or portion thereof. The auditor shall forthwith notify each owner who failed to file an application that unless application is filed with the auditor prior to the first Monday of April of the current year, the land will be valued for real property tax purposes in the current tax year at its true value in money and that the recoupment required by sections 5713.34 and 5713.35 of the Revised Code will be placed on the current year's tax list and duplicate for collection. The auditor shall send that notice either by certified mail or, if the auditor has record of an internet identifier of record associated with the owner, by ordinary mail and by that internet identifier of record.
(C) Each initial application shall be accompanied by a fee of twenty-five dollars. Application fees shall be paid into the county treasury to the credit of the real estate assessment fund created under section 325.31 of the Revised Code.
(D) Upon receipt of an application and payment of the required fee the auditor shall determine whether the information contained therein is correct and the application complete.
(E) If the auditor determines the information is incorrect or the application is incomplete, the auditor shall return the application to the applicant with an enumeration of the items which are incorrect or incomplete. The auditor shall return the application or a copy of the application either by certified mail or, if the auditor has record of an internet identifier of record associated with the applicant, by ordinary mail and by that internet identifier of record. An applicant may file an amended application, without charge, within fifteen days of the receipt of the returned application.
(F) If the auditor determines the application or amended application is complete and the information therein is correct, the auditor shall, prior to the first Monday in August, view or cause to be viewed the land described in the application and determine whether the land is land devoted exclusively to agricultural use.
(G) If the auditor determines, which determination shall be made as of the first Monday of August, annually, that the land is land devoted exclusively to agricultural use, the auditor shall appraise it for real property tax purposes in accordance with section 5715.01 of the Revised Code and the rules adopted by the commissioner for the valuation of land devoted exclusively to agricultural use and such appraised value shall be the value used by the auditor in determining the taxable value of such land for the current tax year under section 5713.03 of the Revised Code and as shown on the general tax list compiled under section 319.28 of the Revised Code.
(H)
The auditor shall enter on the real property record required under
section 5713.03 of the Revised Code for the tract, lot, or parcel of
land so appraised, in addition to the other information required to
be recorded thereon, its value as land devoted exclusively to
agricultural use based on the values determined by the commissioner
for each soil type present in the tract, lot, or parcel. Subject to
division (A)(1) of section 5713.34 of the Revised Code, tracts, lots,
or parcels of land or portions thereof that
were eligible conservation land or were used for a
conservation practice or devoted to a
land retirement or conservation program under an agreement with an
agency of the federal government on the first day of
January of the tax year shall be valued at the lowest valued of all
soil types listed in the commissioner's annual publication of the
per-acre agricultural use values for each soil type in the state.
(I) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Sec.
5713.34. (A)(1) Upon the conversion of all or any portion
of a tract, lot, or parcel of land devoted exclusively to
agricultural use a portion of the tax savings upon such converted
land shall be recouped as provided for by Section 36, Article II,
Ohio Constitution by levying a charge on such land in an amount equal
to the amount of the tax savings on the converted land during the
three tax years immediately preceding the year in which the
conversion occurs. If the auditor discovers that agricultural land
valued at the lowest valued soil type, pursuant to section 5713.31 of
the Revised Code, because of its use for a conservation practice or
devotion to a land retirement or
conservation program designation
as eligible conservation land ceases to be
used or devoted to such purposes meet
that criteria sooner than thirty-six months after the
initial certification, the auditor shall levy a charge on such
agricultural land in an amount equal to the reduction in taxes
resulting from the land's valuation at the lowest valued soil type,
rather than valuation at its actual soil type, in all preceding years
the land was so valued, not to exceed the most recent three years.
The charges levied under this section shall constitute a lien of the
state upon such converted land as of the first day of January of the
tax year in which the charge is levied and shall continue until
discharged as provided by law.
(2) Upon the conversion of an adequately described portion of a tract, lot, or parcel of land, the county auditor shall divide any numbered permanent parcel into economic units and value each unit individually for the purpose of levying the charge under division (A)(1) of this section against only the converted portion.
(3) A charge shall not be levied under this section for the conversion of a portion of a tract, lot, or parcel of land devoted exclusively to agricultural use if the conversion is incident to the construction or installation of an energy facility, as defined in section 5727.01 of the Revised Code, and if the remaining portion of the tract, lot, or parcel continues to be devoted exclusively to agricultural use.
(B) Except as otherwise provided in division (C) or (D) of this section, a public entity that acquires by any means and converts land devoted exclusively to agricultural use and a private entity granted the power of eminent domain that acquires by any means and converts land devoted exclusively to agricultural use shall pay the charge levied by division (A) of this section and shall not, directly or indirectly, transfer the charge to the person from whom the land is acquired. A person injured by a violation of this division may recover, in a civil action, any damages resulting from the violation.
(C) The charge levied by division (A)(1) of this section does not apply to the conversion of land acquired by a public entity by means other than eminent domain and thereafter used exclusively for a public purpose that leaves the land principally undeveloped when either of the following conditions applies:
(1) In the case of land so acquired and converted by a park district created under Chapter 1545. of the Revised Code, the land is located within the boundaries of the park district.
(2) In the case of land so acquired and converted by a public entity other than a park district created under Chapter 1545. of the Revised Code, the land is located within the boundaries of any city, local, exempted village, or joint vocational school district that is wholly or partially located within the boundaries of the public entity that so acquired and converted the land.
If all or any portion of a tract, lot, or parcel of such land is later developed or otherwise converted to a purpose other than one of the purposes enumerated under division (E)(1) of this section, the charge levied by division (A)(1) of this section shall be levied against such developed or converted land as otherwise required by that division.
The county auditor of the county in which the land is located shall determine annually whether all or any portion of a tract, lot, or parcel of land formerly converted to a purpose enumerated under division (E)(1) of this section has been developed in such a way or converted to such a purpose as to require the charge levied by division (A)(1) of this section to be levied against the land so developed or converted.
(D) Division (B) of this section does not apply to a public entity that acquires by means other than eminent domain and converts land devoted exclusively to agricultural use to use for public, active or passive, outdoor education, recreation, or similar open space uses when either of the following conditions applies:
(1) In the case of land so acquired and converted by a park district created under Chapter 1545. of the Revised Code, the land is located outside the boundaries of the park district.
(2) In the case of land so acquired and converted by a public entity other than a park district created under Chapter 1545. of the Revised Code, the land is located outside the boundaries of any city, local, exempted village, or joint vocational school district that is wholly or partially located within the boundaries of the public entity that so acquired and converted the land.
(E) As used in divisions (C) and (D) of this section:
(1) "Principally undeveloped" means a parcel of real property that is used for public, active or passive, outdoor education, recreation, or similar open space uses and contains only the structures, roadways, and other facilities that are necessary for such uses.
(2) "Public entity" means any political subdivision of this state or any agency or instrumentality of a political subdivision.
Sec.
5721.20. Except in cases
where the This section does
not apply to transfers of property is
transferred without sale to a municipal corporation,
township, county, community development organization, or county land
reutilization corporation pursuant to the alternative redemption
period procedures contained in section 323.78 of the Revised Code,
except as provided in division (D) of that
section.
When land is sold pursuant to a foreclosure proceeding as provided in this chapter or Chapter 323. of the Revised Code, both of the following apply:
(A) If the officer who makes the sale receives from the sale more money than is necessary to satisfy the writ of execution, with interest and costs, the officer who made the sale shall deliver any balance remaining after satisfying the writ of execution, with interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of sale;
(B)
The clerk of the court that issued the writ of execution shall notify
the owner of any residue of moneys from the sale or
foreclosure of lands remaining to the owner on the order of
distribution, in a manner consistent with
division (A) of section 2329.44 of the Revised Code. Any residue of
moneys from the sale or foreclosure of lands remaining to the owner
and unclaimed by such owner within sixty
ninety days from
its receiptthe
day the final notice is provided in accordance with division (A) of
section 2329.44 of the Revised Code, shall be paid into
the county treasury and shall be charged separately to the county
treasurer by the county auditor, in the name of the supposed owner.
The treasurer shall retain such excess in the treasury for the proper
owner of such lands upon which the foreclosure was had, and upon
demand by such owner, within three years from the date of receipt,
shall pay such excess to the owner. If the owner does not demand
payment of the excess within three years, then the excess shall be
forfeited to the delinquent tax and assessment collection fund
created under section 323.261 321.261
of the Revised Code, or in counties that have established
a county land reutilization corporation fund under section 323.263
321.263 of the
Revised Code, to the county land reutilization corporation fund.
Sec. 5725.38. Terms used in this section have the same meanings as in section 122.84 of the Revised Code.
There is allowed a nonrefundable credit against the tax imposed by section 5725.18 of the Revised Code for a domestic insurance company that is issued, or to which is transferred, a tax credit certificate under section 122.84 of the Revised Code. The credit equals the amount stated on the certificate and may be claimed for the calendar year that includes the investment period that was the subject of the application for the certificate under that section or for the ensuing calendar year.
The credit authorized in this section shall be claimed in the order required under section 5725.98 of the Revised Code. If the amount of a credit exceeds the tax otherwise due under section 5725.18 of the Revised Code after deducting all other credits preceding the credit in that order, the excess may be carried forward for not more than five ensuing calendar years. The amount of the excess credit claimed in any such year shall be deducted from the balance carried forward to the next calendar year.
No credit shall be claimed under this section to the extent the credit was claimed under section 5726.61, 5729.21, or 5747.86 of the Revised Code.
Sec. 5725.98. (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5725.18 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code;
The credit for eligible employee training costs under section 5725.31 of the Revised Code;
The credit for purchasers of qualified low-income community investments under section 5725.33 of the Revised Code;
The nonrefundable job retention credit under division (B) of section 122.171 of the Revised Code;
The nonrefundable credit for investments in rural business growth funds under section 122.152 of the Revised Code;
The nonrefundable Ohio low-income housing tax credit under section 5725.36 of the Revised Code;
The nonrefundable affordable single-family home credit under section 5725.37 of the Revised Code;
The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5725.35 of the Revised Code;
The nonrefundable opportunity zone investment credit under section 5725.38 of the Revised Code;
The offset of assessments by the Ohio life and health insurance guaranty association permitted by section 3956.20 of the Revised Code;
The refundable credit for rehabilitating a historic building under section 5725.34 of the Revised Code;
The refundable credit for Ohio job retention under former division (B)(2) or (3) of section 122.171 of the Revised Code as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly;
The refundable credit for Ohio job creation under section 5725.32 of the Revised Code;
The refundable credit under section 5725.19 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5726.61. Terms used in this section have the same meanings as in section 122.84 of the Revised Code.
A taxpayer may claim a nonrefundable credit against the tax imposed under section 5726.02 of the Revised Code for each person included in the annual report of the taxpayer to whom a certificate is issued under section 122.84 of the Revised Code or is transferred pursuant to that section. The credit equals the amount stated on the certificate and may be claimed for the taxable year that aligns with the calendar year that includes the investment period that was the subject of the application for the certificate under that section or for the ensuing calendar year.
The credit authorized in this section shall be claimed in the order required under section 5726.98 of the Revised Code. If the amount of a credit exceeds the tax otherwise due under section 5726.02 of the Revised Code after deducting all other credits preceding the credit in that order, the excess may be carried forward for not more than five ensuing taxable years. The amount of the excess credit claimed in any such year shall be deducted from the balance carried forward to the next taxable year.
No credit shall be claimed under this section to the extent the credit was claimed under section 5725.38, 5729.21, or 5747.86 of the Revised Code.
Sec. 5726.98. (A) To provide a uniform procedure for calculating the amount of tax due under section 5726.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled under this chapter in the following order:
The nonrefundable job retention credit under division (B) of section 5726.50 of the Revised Code;
The nonrefundable credit for purchases of qualified low-income community investments under section 5726.54 of the Revised Code;
The nonrefundable credit for qualified research expenses under section 5726.56 of the Revised Code;
The nonrefundable credit for qualifying dealer in intangibles taxes under section 5726.57 of the Revised Code;
The nonrefundable Ohio low-income housing tax credit under section 5726.58 of the Revised Code;
The nonrefundable affordable single-family home credit under section 5726.60 of the Revised Code;
The nonrefundable welcome home Ohio (WHO) program credit under section 122.633 of the Revised Code;
The nonrefundable opportunity zone investment credit under section 5726.61 of the Revised Code;
The refundable credit for rehabilitating an historic building under section 5726.52 of the Revised Code;
The refundable job retention or job creation credit under division (A) of section 5726.50 of the Revised Code;
The refundable credit under section 5726.53 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code;
The refundable motion picture and broadway theatrical production credit under section 5726.55 of the Revised Code;
The refundable credit for film and theater capital improvement projects under section 5726.59 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5729.21. Terms used in this section have the same meanings as in section 122.84 of the Revised Code.
There is allowed a nonrefunable credit against the tax imposed by section 5729.03 of the Revised Code for a foreign insurance company that is issued, or to which is transferred, a tax credit certificate under section 122.84 of the Revised Code. The credit equals the amount stated on the certificate and may be claimed for the calendar year that includes the investment period that was the subject of the application for the certificate under that section or for the ensuing calendar year.
The credit authorized in this section shall be claimed in the order required under section 5729.98 of the Revised Code. If the amount of a credit exceeds the tax otherwise due under section 5729.03 of the Revised Code after deducting all other credits preceding the credit in that order, the excess may be carried forward for not more than five ensuing calendar years. The amount of the excess credit claimed in any such year shall be deducted from the balance carried forward to the next calendar year.
No credit shall be claimed under this section to the extent the credit was claimed under section 5725.38, 5726.61, or 5747.86 of the Revised Code.
A foreign insurance company shall not be required to pay any additional tax levied under section 5729.06 of the Revised Code as a result of claiming the tax credit authorized by this section.
Sec. 5729.98. (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code;
The credit for eligible employee training costs under section 5729.07 of the Revised Code;
The credit for purchases of qualified low-income community investments under section 5729.16 of the Revised Code;
The nonrefundable job retention credit under division (B) of section 122.171 of the Revised Code;
The nonrefundable credit for investments in rural business growth funds under section 122.152 of the Revised Code;
The nonrefundable Ohio low-income housing tax credit under section 5729.19 of the Revised Code;
The nonrefundable affordable single-family home credit under section 5729.20 of the Revised Code;
The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5729.18 of the Revised Code;
The nonrefundable opportunity zone investment credit under section 5729.21 of the Revised Code;
The offset of assessments by the Ohio life and health insurance guaranty association against tax liability permitted by section 3956.20 of the Revised Code;
The refundable credit for rehabilitating a historic building under section 5729.17 of the Revised Code;
The refundable credit for Ohio job retention under former division (B)(2) or (3) of section 122.171 of the Revised Code as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly;
The refundable credit for Ohio job creation under section 5729.032 of the Revised Code;
The refundable credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5739.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees, trustees in bankruptcy, estates, firms, partnerships, associations, joint-stock companies, joint ventures, clubs, societies, corporations, the state and its political subdivisions, and combinations of individuals of any form.
(B) "Sale" and "selling" include all of the following transactions for a consideration in any manner, whether absolutely or conditionally, whether for a price or rental, in money or by exchange, and by any means whatsoever:
(1) All transactions by which title or possession, or both, of tangible personal property, is or is to be transferred, or a license to use or consume tangible personal property is or is to be granted;
(2) All transactions by which lodging by a hotel is or is to be furnished to transient guests;
(3) All transactions by which:
(a) An item of tangible personal property is or is to be repaired, except property, the purchase of which would not be subject to the tax imposed by section 5739.02 of the Revised Code;
(b) An item of tangible personal property is or is to be installed, except property, the purchase of which would not be subject to the tax imposed by section 5739.02 of the Revised Code or property that is or is to be incorporated into and will become a part of a production, transmission, transportation, or distribution system for the delivery of a public utility service;
(c) The service of washing, cleaning, waxing, polishing, or painting a motor vehicle is or is to be furnished;
(d) Laundry and dry cleaning services are or are to be provided;
(e) Automatic data processing, computer services, or electronic information services are or are to be provided for use in business when the true object of the transaction is the receipt by the consumer of automatic data processing, computer services, or electronic information services rather than the receipt of personal or professional services to which automatic data processing, computer services, or electronic information services are incidental or supplemental. Notwithstanding any other provision of this chapter, such transactions that occur between members of an affiliated group are not sales. An "affiliated group" means two or more persons related in such a way that one person owns or controls the business operation of another member of the group. In the case of corporations with stock, one corporation owns or controls another if it owns more than fifty per cent of the other corporation's common stock with voting rights.
(f) Telecommunications service, including prepaid calling service, prepaid wireless calling service, or ancillary service, is or is to be provided, but not including coin-operated telephone service;
(g) Landscaping and lawn care service is or is to be provided;
(h) Private investigation and security service is or is to be provided;
(i) Information services or tangible personal property is provided or ordered by means of a nine hundred telephone call;
(j) Building maintenance and janitorial service is or is to be provided;
(k) Exterminating service is or is to be provided;
(l) Physical fitness facility service is or is to be provided;
(m) Recreation and sports club service is or is to be provided;
(n) Satellite broadcasting service is or is to be provided;
(o) Personal care service is or is to be provided to an individual. As used in this division, "personal care service" includes skin care, the application of cosmetics, manicuring, pedicuring, hair removal, tattooing, body piercing, tanning, massage, and other similar services. "Personal care service" does not include a service provided by or on the order of a licensed physician or licensed chiropractor, or the cutting, coloring, or styling of an individual's hair.
(p) The transportation of persons by motor vehicle or aircraft is or is to be provided, when the transportation is entirely within this state, except for transportation provided by an ambulance service, by a transit bus, as defined in section 5735.01 of the Revised Code, and transportation provided by a citizen of the United States holding a certificate of public convenience and necessity issued under 49 U.S.C. 41102;
(q) Motor vehicle towing service is or is to be provided. As used in this division, "motor vehicle towing service" means the towing or conveyance of a wrecked, disabled, or illegally parked motor vehicle.
(r) Snow removal service is or is to be provided. As used in this division, "snow removal service" means the removal of snow by any mechanized means, but does not include the providing of such service by a person that has less than five thousand dollars in sales of such service during the calendar year.
(s) Electronic publishing service is or is to be provided to a consumer for use in business, except that such transactions occurring between members of an affiliated group, as defined in division (B)(3)(e) of this section, are not sales.
(4) All transactions by which printed, imprinted, overprinted, lithographic, multilithic, blueprinted, photostatic, or other productions or reproductions of written or graphic matter are or are to be furnished or transferred;
(5) The production or fabrication of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production of fabrication work; and include the furnishing, preparing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing, or serving such tangible personal property. Except as provided in section 5739.03 of the Revised Code, a construction contract pursuant to which tangible personal property is or is to be incorporated into a structure or improvement on and becoming a part of real property is not a sale of such tangible personal property. The construction contractor is the consumer of such tangible personal property, provided that the sale and installation of carpeting, the sale and installation of agricultural land tile, the sale and erection or installation of portable grain bins, or the provision of landscaping and lawn care service and the transfer of property as part of such service is never a construction contract.
As used in division (B)(5) of this section:
(a) "Agricultural land tile" means fired clay or concrete tile, or flexible or rigid perforated plastic pipe or tubing, incorporated or to be incorporated into a subsurface drainage system appurtenant to land used or to be used primarily in production by farming, agriculture, horticulture, or floriculture. The term does not include such materials when they are or are to be incorporated into a drainage system appurtenant to a building or structure even if the building or structure is used or to be used in such production.
(b) "Portable grain bin" means a structure that is used or to be used by a person engaged in farming or agriculture to shelter the person's grain and that is designed to be disassembled without significant damage to its component parts.
(6) All transactions in which all of the shares of stock of a closely held corporation are transferred, or an ownership interest in a pass-through entity, as defined in section 5733.04 of the Revised Code, is transferred, if the corporation or pass-through entity is not engaging in business and its entire assets consist of boats, planes, motor vehicles, or other tangible personal property operated primarily for the use and enjoyment of the shareholders or owners;
(7) All transactions in which a warranty, maintenance or service contract, or similar agreement by which the vendor of the warranty, contract, or agreement agrees to repair or maintain the tangible personal property of the consumer is or is to be provided;
(8) The transfer of copyrighted motion picture films used solely for advertising purposes, except that the transfer of such films for exhibition purposes is not a sale;
(9) All transactions by which tangible personal property is or is to be stored, except such property that the consumer of the storage holds for sale in the regular course of business;
(10) All transactions in which "guaranteed auto protection" is provided whereby a person promises to pay to the consumer the difference between the amount the consumer receives from motor vehicle insurance and the amount the consumer owes to a person holding title to or a lien on the consumer's motor vehicle in the event the consumer's motor vehicle suffers a total loss under the terms of the motor vehicle insurance policy or is stolen and not recovered, if the protection and its price are included in the purchase or lease agreement;
(11)(a) Except as provided in division (B)(11)(b) of this section, all transactions by which health care services are paid for, reimbursed, provided, delivered, arranged for, or otherwise made available by a medicaid health insuring corporation pursuant to the corporation's contract with the state.
(b) If the centers for medicare and medicaid services of the United States department of health and human services determines that the taxation of transactions described in division (B)(11)(a) of this section constitutes an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w), and regulations adopted thereunder, the medicaid director shall notify the tax commissioner of that determination. Beginning with the first day of the month following that notification, the transactions described in division (B)(11)(a) of this section are not sales for the purposes of this chapter or Chapter 5741. of the Revised Code. The tax commissioner shall order that the collection of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code shall cease for transactions occurring on or after that date.
(12) All transactions by which a specified digital product is provided for permanent use or less than permanent use, regardless of whether continued payment is required.
(13) All transactions by a delivery network company for the company's delivery network services, provided the company has a waiver issued under section 5741.072 of the Revised Code.
Except as provided in this section, "sale" and "selling" do not include transfers of interest in leased property where the original lessee and the terms of the original lease agreement remain unchanged, or professional, insurance, or personal service transactions that involve the transfer of tangible personal property as an inconsequential element, for which no separate charges are made.
(C) "Vendor" means the person providing the service or by whom the transfer effected or license given by a sale is or is to be made or given and, for sales described in division (B)(3)(i) of this section, the telecommunications service vendor that provides the nine hundred telephone service; if two or more persons are engaged in business at the same place of business under a single trade name in which all collections on account of sales by each are made, such persons shall constitute a single vendor.
Physicians, dentists, hospitals, and veterinarians who are engaged in selling tangible personal property as received from others, such as eyeglasses, mouthwashes, dentifrices, or similar articles, are vendors. Veterinarians who are engaged in transferring to others for a consideration drugs, the dispensing of which does not require an order of a licensed veterinarian or physician under federal law, are vendors.
The operator of any peer-to-peer car sharing program shall be considered to be the vendor.
(D)(1) "Consumer" means the person for whom the service is provided, to whom the transfer effected or license given by a sale is or is to be made or given, to whom the service described in division (B)(3)(f) or (i) of this section is charged, or to whom the admission is granted.
(2) Physicians, dentists, hospitals, and blood banks operated by nonprofit institutions and persons licensed to practice veterinary medicine, surgery, and dentistry are consumers of all tangible personal property and services purchased by them in connection with the practice of medicine, dentistry, the rendition of hospital or blood bank service, or the practice of veterinary medicine, surgery, and dentistry. In addition to being consumers of drugs administered by them or by their assistants according to their direction, veterinarians also are consumers of drugs that under federal law may be dispensed only by or upon the order of a licensed veterinarian or physician, when transferred by them to others for a consideration to provide treatment to animals as directed by the veterinarian.
(3) A person who performs a facility management, or similar service contract for a contractee is a consumer of all tangible personal property and services purchased for use in connection with the performance of such contract, regardless of whether title to any such property vests in the contractee. The purchase of such property and services is not subject to the exception for resale under division (E) of this section.
(4)(a) In the case of a person who purchases printed matter for the purpose of distributing it or having it distributed to the public or to a designated segment of the public, free of charge, that person is the consumer of that printed matter, and the purchase of that printed matter for that purpose is a sale.
(b) In the case of a person who produces, rather than purchases, printed matter for the purpose of distributing it or having it distributed to the public or to a designated segment of the public, free of charge, that person is the consumer of all tangible personal property and services purchased for use or consumption in the production of that printed matter. That person is not entitled to claim exemption under division (B)(42)(f) of section 5739.02 of the Revised Code for any material incorporated into the printed matter or any equipment, supplies, or services primarily used to produce the printed matter.
(c) The distribution of printed matter to the public or to a designated segment of the public, free of charge, is not a sale to the members of the public to whom the printed matter is distributed or to any persons who purchase space in the printed matter for advertising or other purposes.
(5) A person who makes sales of any of the services listed in division (B)(3) of this section is the consumer of any tangible personal property used in performing the service. The purchase of that property is not subject to the resale exception under division (E) of this section.
(6) A person who engages in highway transportation for hire is the consumer of all packaging materials purchased by that person and used in performing the service, except for packaging materials sold by such person in a transaction separate from the service.
(7) In the case of a transaction for health care services under division (B)(11) of this section, a medicaid health insuring corporation is the consumer of such services. The purchase of such services by a medicaid health insuring corporation is not subject to the exception for resale under division (E) of this section or to the exemptions provided under divisions (B)(12), (18), (19), and (22) of section 5739.02 of the Revised Code.
(E) "Retail sale" and "sales at retail" include all sales, except those in which the purpose of the consumer is to resell the thing transferred or benefit of the service provided, by a person engaging in business, in the form in which the same is, or is to be, received by the person.
(F) "Business" includes any activity engaged in by any person with the object of gain, benefit, or advantage, either direct or indirect. "Business" does not include the activity of a person in managing and investing the person's own funds.
(G) "Engaging in business" means commencing, conducting, or continuing in business, and liquidating a business when the liquidator thereof holds itself out to the public as conducting such business. Making a casual sale is not engaging in business.
(H)(1)(a) "Price," except as provided in divisions (H)(2), (3), and (4) of this section, means the total amount of consideration, including cash, credit, property, and services, for which tangible personal property or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for any of the following:
(i) The vendor's cost of the property sold;
(ii) The cost of materials used, labor or service costs, interest, losses, all costs of transportation to the vendor, all taxes imposed on the vendor, including the tax imposed under Chapter 5751. of the Revised Code, and any other expense of the vendor;
(iii) Charges by the vendor for any services necessary to complete the sale;
(iv) Delivery charges. As used in this division, "delivery charges" means charges by the vendor for preparation and delivery to a location designated by the consumer of tangible personal property or a service, including transportation, shipping, postage, handling, crating, and packing.
(v) Installation charges;
(vi) Credit for any trade-in.
(b) "Price" includes consideration received by the vendor from a third party, if the vendor actually receives the consideration from a party other than the consumer, and the consideration is directly related to a price reduction or discount on the sale; the vendor has an obligation to pass the price reduction or discount through to the consumer; the amount of the consideration attributable to the sale is fixed and determinable by the vendor at the time of the sale of the item to the consumer; and one of the following criteria is met:
(i) The consumer presents a coupon, certificate, or other document to the vendor to claim a price reduction or discount where the coupon, certificate, or document is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any vendor to whom the coupon, certificate, or document is presented;
(ii) The consumer identifies the consumer's self to the seller as a member of a group or organization entitled to a price reduction or discount. A preferred customer card that is available to any patron does not constitute membership in such a group or organization.
(iii) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the consumer, or on a coupon, certificate, or other document presented by the consumer.
(c) "Price" does not include any of the following:
(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a vendor and taken by a consumer on a sale;
(ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property or services, if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser;
(iii) Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the consumer. For the purpose of this division, the tax imposed under Chapter 5751. of the Revised Code is not a tax directly on the consumer, even if the tax or a portion thereof is separately stated.
(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this section, any discount allowed by an automobile manufacturer to its employee, or to the employee of a supplier, on the purchase of a new motor vehicle from a new motor vehicle dealer in this state.
(v) The dollar value of a gift card that is not sold by a vendor or purchased by a consumer and that is redeemed by the consumer in purchasing tangible personal property or services if the vendor is not reimbursed and does not receive compensation from a third party to cover all or part of the gift card value. For the purposes of this division, a gift card is not sold by a vendor or purchased by a consumer if it is distributed pursuant to an awards, loyalty, or promotional program. Past and present purchases of tangible personal property or services by the consumer shall not be treated as consideration exchanged for a gift card.
(2) In the case of a sale of any new motor vehicle by a new motor vehicle dealer, as defined in section 4517.01 of the Revised Code, in which another motor vehicle is accepted by the dealer as part of the consideration received, "price" has the same meaning as in division (H)(1) of this section, reduced by the credit afforded the consumer by the dealer for the motor vehicle received in trade.
(3) In the case of a sale of any watercraft or outboard motor by a watercraft dealer licensed in accordance with section 1547.543 of the Revised Code, in which another watercraft, watercraft and trailer, or outboard motor is accepted by the dealer as part of the consideration received, "price" has the same meaning as in division (H)(1) of this section, reduced by the credit afforded the consumer by the dealer for the watercraft, watercraft and trailer, or outboard motor received in trade. As used in this division, "watercraft" includes an outdrive unit attached to the watercraft.
(4) In the case of transactions for health care services under division (B)(11) of this section, "price" means the amount of managed care premiums received each month by a medicaid health insuring corporation.
(I) "Receipts" means the total amount of the prices of the sales of vendors, provided that the dollar value of gift cards distributed pursuant to an awards, loyalty, or promotional program, and cash discounts allowed and taken on sales at the time they are consummated are not included, minus any amount deducted as a bad debt pursuant to section 5739.121 of the Revised Code. "Receipts" does not include the sale price of property returned or services rejected by consumers when the full sale price and tax are refunded either in cash or by credit.
(J) "Place of business" means any location at which a person engages in business.
(K) "Premises" includes any real property or portion thereof upon which any person engages in selling tangible personal property at retail or making retail sales and also includes any real property or portion thereof designated for, or devoted to, use in conjunction with the business engaged in by such person.
(L) "Casual sale" means a sale of an item of tangible personal property that was obtained by the person making the sale, through purchase or otherwise, for the person's own use and was previously subject to any state's taxing jurisdiction on its sale or use, and includes such items acquired for the seller's use that are sold by an auctioneer employed directly by the person for such purpose, provided the location of such sales is not the auctioneer's permanent place of business. As used in this division, "permanent place of business" includes any location where such auctioneer has conducted more than two auctions during the year.
(M) "Hotel" means every establishment kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered to guests, in which five or more rooms are used for the accommodation of such guests, whether the rooms are in one or several structures, except as otherwise provided in section 5739.091 of the Revised Code.
(N) "Transient guests" means persons occupying a room or rooms for sleeping accommodations for less than thirty consecutive days.
(O) "Making retail sales" means the effecting of transactions wherein one party is obligated to pay the price and the other party is obligated to provide a service or to transfer title to or possession of the item sold. "Making retail sales" does not include the preliminary acts of promoting or soliciting the retail sales, other than the distribution of printed matter which displays or describes and prices the item offered for sale, nor does it include delivery of a predetermined quantity of tangible personal property or transportation of property or personnel to or from a place where a service is performed.
(P) "Used directly in the rendition of a public utility service" means that property that is to be incorporated into and will become a part of the consumer's production, transmission, transportation, or distribution system and that retains its classification as tangible personal property after such incorporation; fuel or power used in the production, transmission, transportation, or distribution system; and tangible personal property used in the repair and maintenance of the production, transmission, transportation, or distribution system, including only such motor vehicles as are specially designed and equipped for such use. Tangible personal property and services used primarily in providing highway transportation for hire are not used directly in the rendition of a public utility service. In this definition, "public utility" includes a citizen of the United States holding, and required to hold, a certificate of public convenience and necessity issued under 49 U.S.C. 41102.
(Q) "Refining" means removing or separating a desirable product from raw or contaminated materials by distillation or physical, mechanical, or chemical processes.
(R) "Assembly" and "assembling" mean attaching or fitting together parts to form a product, but do not include packaging a product.
(S) "Manufacturing operation" means a process in which materials are changed, converted, or transformed into a different state or form from which they previously existed and includes refining materials, assembling parts, and preparing raw materials and parts by mixing, measuring, blending, or otherwise committing such materials or parts to the manufacturing process. "Manufacturing operation" does not include packaging.
(T) "Fiscal officer" means, with respect to a regional transit authority, the secretary-treasurer thereof, and with respect to a county that is a transit authority, the fiscal officer of the county transit board if one is appointed pursuant to section 306.03 of the Revised Code or the county auditor if the board of county commissioners operates the county transit system.
(U) "Transit authority" means a regional transit authority created pursuant to section 306.31 of the Revised Code or a county in which a county transit system is created pursuant to section 306.01 of the Revised Code. For the purposes of this chapter, a transit authority must extend to at least the entire area of a single county. A transit authority that includes territory in more than one county must include all the area of the most populous county that is a part of such transit authority. County population shall be measured by the most recent census taken by the United States census bureau.
(V) "Legislative authority" means, with respect to a regional transit authority, the board of trustees thereof, and with respect to a county that is a transit authority, the board of county commissioners.
(W) "Territory of the transit authority" means all of the area included within the territorial boundaries of a transit authority as they from time to time exist. Such territorial boundaries must at all times include all the area of a single county or all the area of the most populous county that is a part of such transit authority. County population shall be measured by the most recent census taken by the United States census bureau.
(X) "Providing a service" means providing or furnishing anything described in division (B)(3) of this section for consideration.
(Y)(1)(a) "Automatic data processing" means processing of others' data, including keypunching or similar data entry services together with verification thereof, or providing access to computer equipment for the purpose of processing data.
(b) "Computer services" means providing services consisting of specifying computer hardware configurations and evaluating technical processing characteristics, computer programming, and training of computer programmers and operators, provided in conjunction with and to support the sale, lease, or operation of taxable computer equipment or systems.
(c) "Electronic information services" means providing access to computer equipment by means of telecommunications equipment for the purpose of either of the following:
(i) Examining or acquiring data stored in or accessible to the computer equipment;
(ii) Placing data into the computer equipment to be retrieved by designated recipients with access to the computer equipment.
"Electronic information services" does not include electronic publishing.
(d) "Automatic data processing, computer services, or electronic information services" shall not include personal or professional services.
(2) As used in divisions (B)(3)(e) and (Y)(1) of this section, "personal and professional services" means all services other than automatic data processing, computer services, or electronic information services, including but not limited to:
(a) Accounting and legal services such as advice on tax matters, asset management, budgetary matters, quality control, information security, and auditing and any other situation where the service provider receives data or information and studies, alters, analyzes, interprets, or adjusts such material;
(b) Analyzing business policies and procedures;
(c) Identifying management information needs;
(d) Feasibility studies, including economic and technical analysis of existing or potential computer hardware or software needs and alternatives;
(e) Designing policies, procedures, and custom software for collecting business information, and determining how data should be summarized, sequenced, formatted, processed, controlled, and reported so that it will be meaningful to management;
(f) Developing policies and procedures that document how business events and transactions are to be authorized, executed, and controlled;
(g) Testing of business procedures;
(h) Training personnel in business procedure applications;
(i) Providing credit information to users of such information by a consumer reporting agency, as defined in the "Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or as hereafter amended, including but not limited to gathering, organizing, analyzing, recording, and furnishing such information by any oral, written, graphic, or electronic medium;
(j) Providing debt collection services by any oral, written, graphic, or electronic means;
(k) Providing digital advertising services;
(l) Providing services to electronically file any federal, state, or local individual income tax return, report, or other related document or schedule with a federal, state, or local government entity or to electronically remit a payment of any such individual income tax to such an entity. For the purpose of this division, "individual income tax" does not include federal, state, or local taxes withheld by an employer from an employee's compensation.
The services listed in divisions (Y)(2)(a) to (l) of this section are not automatic data processing or computer services.
(Z) "Highway transportation for hire" means the transportation of personal property belonging to others for consideration by any of the following:
(1) The holder of a permit or certificate issued by this state or the United States authorizing the holder to engage in transportation of personal property belonging to others for consideration over or on highways, roadways, streets, or any similar public thoroughfare;
(2) A person who engages in the transportation of personal property belonging to others for consideration over or on highways, roadways, streets, or any similar public thoroughfare but who could not have engaged in such transportation on December 11, 1985, unless the person was the holder of a permit or certificate of the types described in division (Z)(1) of this section;
(3) A person who leases a motor vehicle to and operates it for a person described by division (Z)(1) or (2) of this section.
"Highway transportation for hire" does not include delivery network services.
(AA)(1) "Telecommunications service" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. "Telecommunications service" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether the service is referred to as voice-over internet protocol service or is classified by the federal communications commission as enhanced or value-added. "Telecommunications service" does not include any of the following:
(a) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a consumer where the consumer's primary purpose for the underlying transaction is the processed data or information;
(b) Installation or maintenance of wiring or equipment on a customer's premises;
(c) Tangible personal property;
(d) Advertising, including directory advertising;
(e) Billing and collection services provided to third parties;
(f) Internet access service;
(g) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance, and routing of such services by the programming service provider. Radio and television audio and video programming services include, but are not limited to, cable service, as defined in 47 U.S.C. 522(6), and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 C.F.R. 20.3;
(h) Ancillary service;
(i) Digital products delivered electronically, including software, music, video, reading materials, or ring tones.
(2) "Ancillary service" means a service that is associated with or incidental to the provision of telecommunications service, including conference bridging service, detailed telecommunications billing service, directory assistance, vertical service, and voice mail service. As used in this division:
(a) "Conference bridging service" means an ancillary service that links two or more participants of an audio or video conference call, including providing a telephone number. "Conference bridging service" does not include telecommunications services used to reach the conference bridge.
(b) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement.
(c) "Directory assistance" means an ancillary service of providing telephone number or address information.
(d) "Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and manage multiple calls and call connections, including conference bridging service.
(e) "Voice mail service" means an ancillary service that enables the customer to store, send, or receive recorded messages. "Voice mail service" does not include any vertical services that the customer may be required to have in order to utilize the voice mail service.
(3) "900 service" means an inbound toll telecommunications service purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service, and which is typically marketed under the name "900 service" and any subsequent numbers designated by the federal communications commission. "900 service" does not include the charge for collection services provided by the seller of the telecommunications service to the subscriber, or services or products sold by the subscriber to the subscriber's customer.
(4) "Prepaid calling service" means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(5) "Prepaid wireless calling service" means a telecommunications service that provides the right to utilize mobile telecommunications service as well as other non-telecommunications services, including the download of digital products delivered electronically, and content and ancillary services, that must be paid for in advance and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(6) "Value-added non-voice data service" means a telecommunications service in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance, or routing.
(7) "Coin-operated telephone service" means a telecommunications service paid for by inserting money into a telephone accepting direct deposits of money to operate.
(8) "Customer" has the same meaning as in section 5739.034 of the Revised Code.
(BB) "Laundry and dry cleaning services" means removing soil or dirt from towels, linens, articles of clothing, or other fabric items that belong to others and supplying towels, linens, articles of clothing, or other fabric items. "Laundry and dry cleaning services" does not include the provision of self-service facilities for use by consumers to remove soil or dirt from towels, linens, articles of clothing, or other fabric items.
(CC) "Magazines distributed as controlled circulation publications" means magazines containing at least twenty-four pages, at least twenty-five per cent editorial content, issued at regular intervals four or more times a year, and circulated without charge to the recipient, provided that such magazines are not owned or controlled by individuals or business concerns which conduct such publications as an auxiliary to, and essentially for the advancement of the main business or calling of, those who own or control them.
(DD) "Landscaping and lawn care service" means the services of planting, seeding, sodding, removing, cutting, trimming, pruning, mulching, aerating, applying chemicals, watering, fertilizing, and providing similar services to establish, promote, or control the growth of trees, shrubs, flowers, grass, ground cover, and other flora, or otherwise maintaining a lawn or landscape grown or maintained by the owner for ornamentation or other nonagricultural purpose. However, "landscaping and lawn care service" does not include the providing of such services by a person who has less than five thousand dollars in sales of such services during the calendar year.
(EE) "Private investigation and security service" means the performance of any activity for which the provider of such service is required to be licensed pursuant to Chapter 4749. of the Revised Code, or would be required to be so licensed in performing such services in this state, and also includes the services of conducting polygraph examinations and of monitoring or overseeing the activities on or in, or the condition of, the consumer's home, business, or other facility by means of electronic or similar monitoring devices. "Private investigation and security service" does not include special duty services provided by off-duty police officers, deputy sheriffs, and other peace officers regularly employed by the state or a political subdivision.
(FF) "Information services" means providing conversation, giving consultation or advice, playing or making a voice or other recording, making or keeping a record of the number of callers, and any other service provided to a consumer by means of a nine hundred telephone call, except when the nine hundred telephone call is the means by which the consumer makes a contribution to a recognized charity.
(GG) "Research and development" means designing, creating, or formulating new or enhanced products, equipment, or manufacturing processes, and also means conducting scientific or technological inquiry and experimentation in the physical sciences with the goal of increasing scientific knowledge which may reveal the bases for new or enhanced products, equipment, or manufacturing processes.
(HH) "Qualified research and development equipment" means either of the following:
(1) Capitalized tangible personal property, and leased personal property that would be capitalized if purchased, used by a person primarily to perform research and development;
(2) Any tangible personal property used by a megaproject operator primarily to perform research and development at the site of a megaproject that satisfies the criteria described in division (A)(11)(a)(ii) of section 122.17 of the Revised Code during the period that the megaproject operator has an agreement for such megaproject with the tax credit authority under division (D) of that section that remains in effect and has not expired or been terminated.
"Qualified research and development equipment" does not include tangible personal property primarily used in testing, as defined in division (A)(4) of section 5739.011 of the Revised Code, or used for recording or storing test results, unless such property is primarily used by the consumer in testing the product, equipment, or manufacturing process being created, designed, or formulated by the consumer in the research and development activity or in recording or storing such test results.
(II) "Building maintenance and janitorial service" means cleaning the interior or exterior of a building and any tangible personal property located therein or thereon, including any services incidental to such cleaning for which no separate charge is made. However, "building maintenance and janitorial service" does not include the providing of such service by a person who has less than five thousand dollars in sales of such service during the calendar year. As used in this division, "cleaning" does not include sanitation services necessary for an establishment described in 21 U.S.C. 608 to comply with rules and regulations adopted pursuant to that section.
(JJ) "Exterminating service" means eradicating or attempting to eradicate vermin infestations from a building or structure, or the area surrounding a building or structure, and includes activities to inspect, detect, or prevent vermin infestation of a building or structure.
(KK) "Physical fitness facility service" means all transactions by which a membership is granted, maintained, or renewed, including initiation fees, membership dues, renewal fees, monthly minimum fees, and other similar fees and dues, by a physical fitness facility such as an athletic club, health spa, or gymnasium, which entitles the member to use the facility for physical exercise.
(LL) "Recreation and sports club service" means all transactions by which a membership is granted, maintained, or renewed, including initiation fees, membership dues, renewal fees, monthly minimum fees, and other similar fees and dues, by a recreation and sports club, which entitles the member to use the facilities of the organization. "Recreation and sports club" means an organization that has ownership of, or controls or leases on a continuing, long-term basis, the facilities used by its members and includes an aviation club, gun or shooting club, yacht club, card club, swimming club, tennis club, golf club, country club, riding club, amateur sports club, or similar organization.
(MM) "Livestock" means farm animals commonly raised for food, food production, or other agricultural purposes, including, but not limited to, cattle, sheep, goats, swine, poultry, and captive deer. "Livestock" does not include invertebrates, amphibians, reptiles, domestic pets, animals for use in laboratories or for exhibition, or other animals not commonly raised for food or food production.
(NN) "Livestock structure" means a building or structure used exclusively for the housing, raising, feeding, or sheltering of livestock, and includes feed storage or handling structures and structures for livestock waste handling.
(OO) "Horticulture" means the growing, cultivation, and production of flowers, fruits, herbs, vegetables, sod, mushrooms, and nursery stock. As used in this division, "nursery stock" has the same meaning as in section 927.51 of the Revised Code.
(PP) "Horticulture structure" means a building or structure used exclusively for the commercial growing, raising, or overwintering of horticultural products, and includes the area used for stocking, storing, and packing horticultural products when done in conjunction with the production of those products.
(QQ) "Newspaper" means an unbound publication bearing a title or name that is regularly published, at least as frequently as biweekly, and distributed from a fixed place of business to the public in a specific geographic area, and that contains a substantial amount of news matter of international, national, or local events of interest to the general public.
(RR)(1) "Feminine hygiene products" means tampons, panty liners, menstrual cups, sanitary napkins, and other similar tangible personal property designed for feminine hygiene in connection with the human menstrual cycle, but does not include grooming and hygiene products.
(2) "Grooming and hygiene products" means soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and screens, regardless of whether any of these products are over-the-counter drugs.
(3) "Over-the-counter drugs" means a drug that contains a label that identifies the product as a drug as required by 21 C.F.R. 201.66, which label includes a drug facts panel or a statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation.
(SS)(1) "Lease" or "rental" means any transfer of the possession or control of tangible personal property for a fixed or indefinite term, for consideration. "Lease" or "rental" includes future options to purchase or extend, and agreements described in 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon the sale or disposition of the property. "Lease" or "rental" does not include:
(a) A transfer of possession or control of tangible personal property under a security agreement or a deferred payment plan that requires the transfer of title upon completion of the required payments;
(b) A transfer of possession or control of tangible personal property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price that does not exceed the greater of one hundred dollars or one per cent of the total required payments;
(c) Providing tangible personal property along with an operator for a fixed or indefinite period of time, if the operator is necessary for the property to perform as designed. For purposes of this division, the operator must do more than maintain, inspect, or set up the tangible personal property.
(2) "Lease" and "rental," as defined in division (SS) of this section, shall not apply to leases or rentals that exist before June 26, 2003.
(3) "Lease" and "rental" have the same meaning as in division (SS)(1) of this section regardless of whether a transaction is characterized as a lease or rental under generally accepted accounting principles, the Internal Revenue Code, Title XIII of the Revised Code, or other federal, state, or local laws.
(TT) "Mobile telecommunications service" has the same meaning as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, on and after August 1, 2003, includes related fees and ancillary services, including universal service fees, detailed billing service, directory assistance, service initiation, voice mail service, and vertical services, such as caller ID and three-way calling.
(UU) "Certified service provider" has the same meaning as in section 5740.01 of the Revised Code.
(VV) "Satellite broadcasting service" means the distribution or broadcasting of programming or services by satellite directly to the subscriber's receiving equipment without the use of ground receiving or distribution equipment, except the subscriber's receiving equipment or equipment used in the uplink process to the satellite, and includes all service and rental charges, premium channels or other special services, installation and repair service charges, and any other charges having any connection with the provision of the satellite broadcasting service.
(WW) "Tangible personal property" means personal property that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses. For purposes of this chapter and Chapter 5741. of the Revised Code, "tangible personal property" includes motor vehicles, electricity, water, gas, steam, and prewritten computer software.
(XX) "Municipal gas utility" means a municipal corporation that owns or operates a system for the distribution of natural gas.
(YY) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions.
(ZZ) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.
(AAA) "Delivered electronically" means delivery of computer software from the seller to the purchaser by means other than tangible storage media.
(BBB) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. "Prewritten computer software" includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the purchaser. If a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software.
(CCC)(1) "Food" means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. "Food" does not include alcoholic beverages, dietary supplements, soft drinks, or tobacco.
(2) As used in division (CCC)(1) of this section:
(a) "Dietary supplements" means any product, other than tobacco, that is intended to supplement the diet and that is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or, if not intended for ingestion in such a form, is not represented as conventional food for use as a sole item of a meal or of the diet; that is required to be labeled as a dietary supplement, identifiable by the "supplement facts" box found on the label, as required by 21 C.F.R. 101.36; and that contains one or more of the following dietary ingredients:
(i) A vitamin;
(ii) A mineral;
(iii) An herb or other botanical;
(iv) An amino acid;
(v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake;
(vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in divisions (CCC)(2)(a)(i) to (v) of this section.
(b) "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or that contains greater than fifty per cent vegetable or fruit juice by volume.
(DDD) "Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food, dietary supplements, or alcoholic beverages that is recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, and supplements to them; is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or is intended to affect the structure or any function of the body.
(EEE) "Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state to issue a prescription.
(FFF) "Durable medical equipment" means equipment, including repair and replacement parts for such equipment, that can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness or injury, and is not worn in or on the body. "Durable medical equipment" does not include mobility enhancing equipment.
(GGG) "Mobility enhancing equipment" means equipment, including repair and replacement parts for such equipment, that is primarily and customarily used to provide or increase the ability to move from one place to another and is appropriate for use either in a home or a motor vehicle, that is not generally used by persons with normal mobility, and that does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer. "Mobility enhancing equipment" does not include durable medical equipment.
(HHH) "Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts for the device, worn on or in the human body to artificially replace a missing portion of the body, prevent or correct physical deformity or malfunction, or support a weak or deformed portion of the body. As used in this division, before July 1, 2019, "prosthetic device" does not include corrective eyeglasses, contact lenses, or dental prosthesis. On or after July 1, 2019, "prosthetic device" does not include dental prosthesis but does include corrective eyeglasses or contact lenses.
(III)(1) "Fractional aircraft ownership program" means a program in which persons within an affiliated group sell and manage fractional ownership program aircraft, provided that at least one hundred airworthy aircraft are operated in the program and the program meets all of the following criteria:
(a) Management services are provided by at least one program manager within an affiliated group on behalf of the fractional owners.
(b) Each program aircraft is owned or possessed by at least one fractional owner.
(c) Each fractional owner owns or possesses at least a one-sixteenth interest in at least one fixed-wing program aircraft.
(d) A dry-lease aircraft interchange arrangement is in effect among all of the fractional owners.
(e) Multi-year program agreements are in effect regarding the fractional ownership, management services, and dry-lease aircraft interchange arrangement aspects of the program.
(2) As used in division (III)(1) of this section:
(a) "Affiliated group" has the same meaning as in division (B)(3)(e) of this section.
(b) "Fractional owner" means a person that owns or possesses at least a one-sixteenth interest in a program aircraft and has entered into the agreements described in division (III)(1)(e) of this section.
(c) "Fractional ownership program aircraft" or "program aircraft" means a turbojet aircraft that is owned or possessed by a fractional owner and that has been included in a dry-lease aircraft interchange arrangement and agreement under divisions (III)(1)(d) and (e) of this section, or an aircraft a program manager owns or possesses primarily for use in a fractional aircraft ownership program.
(d) "Management services" means administrative and aviation support services furnished under a fractional aircraft ownership program in accordance with a management services agreement under division (III)(1)(e) of this section, and offered by the program manager to the fractional owners, including, at a minimum, the establishment and implementation of safety guidelines; the coordination of the scheduling of the program aircraft and crews; program aircraft maintenance; program aircraft insurance; crew training for crews employed, furnished, or contracted by the program manager or the fractional owner; the satisfaction of record-keeping requirements; and the development and use of an operations manual and a maintenance manual for the fractional aircraft ownership program.
(e) "Program manager" means the person that offers management services to fractional owners pursuant to a management services agreement under division (III)(1)(e) of this section.
(JJJ) "Electronic publishing" means providing access to one or more of the following primarily for business customers, including the federal government or a state government or a political subdivision thereof, to conduct research: news; business, financial, legal, consumer, or credit materials; editorials, columns, reader commentary, or features; photos or images; archival or research material; legal notices, identity verification, or public records; scientific, educational, instructional, technical, professional, trade, or other literary materials; or other similar information which has been gathered and made available by the provider to the consumer in an electronic format. Providing electronic publishing includes the functions necessary for the acquisition, formatting, editing, storage, and dissemination of data or information that is the subject of a sale.
(KKK) "Medicaid health insuring corporation" means a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code and is under contract with the department of medicaid pursuant to section 5167.10 of the Revised Code.
(LLL) "Managed care premium" means any premium, capitation, or other payment a medicaid health insuring corporation receives for providing or arranging for the provision of health care services to its members or enrollees residing in this state.
(MMM) "Captive deer" means deer and other cervidae that have been legally acquired, or their offspring, that are privately owned for agricultural or farming purposes.
(NNN) "Gift card" means a document, card, certificate, or other record, whether tangible or intangible, that may be redeemed by a consumer for a dollar value when making a purchase of tangible personal property or services.
(OOO) "Specified digital product" means an electronically transferred digital audiovisual work, digital audio work, or digital book.
As used in division (OOO) of this section:
(1) "Digital audiovisual work" means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.
(2) "Digital audio work" means a work that results from the fixation of a series of musical, spoken, or other sounds, including digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication.
(3) "Digital book" means a work that is generally recognized in the ordinary and usual sense as a book.
(4) "Electronically transferred" means obtained by the purchaser by means other than tangible storage media.
(PPP) "Digital advertising services" means providing access, by means of telecommunications equipment, to computer equipment that is used to enter, upload, download, review, manipulate, store, add, or delete data for the purpose of electronically displaying, delivering, placing, or transferring promotional advertisements to potential customers about products or services or about industry or business brands.
(QQQ) "Peer-to-peer car sharing program" has the same meaning as in section 4516.01 of the Revised Code.
(RRR) "Megaproject" and "megaproject operator" have the same meanings as in section 122.17 of the Revised Code.
(SSS)(1) "Diaper" means an absorbent garment worn by humans who are incapable of, or have difficulty, controlling their bladder or bowel movements.
(2) "Children's diaper" means a diaper marketed to be worn by children.
(3) "Adult diaper" means a diaper other than a children's diaper.
(TTT) "Sales tax holiday" means three or more dates on which sales of all eligible tangible personal property are exempt from the taxes levied under sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code.
(UUU) "Eligible tangible personal property" means any item of tangible personal property that meets both of the following requirements:
(1) The price of the item does not exceed five hundred dollars;
(2) The item is not a watercraft or outboard motor required to be titled pursuant to Chapter 1548. of the Revised Code, a motor vehicle, an alcoholic beverage, tobacco, a vapor product as defined in section 5743.01 of the Revised Code, or an item that contains marijuana as defined in section 3796.01 of the Revised Code.
(VVV) "Alcoholic beverages" means beverages that are suitable for human consumption and contain one-half of one per cent or more of alcohol by volume.
(WWW) "Tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.
(XXX)(1) "Delivery network company" means a person that operates a business platform, including a web site or mobile application, to facilitate delivery network services.
(2) "Delivery network courier" means an individual connected to a consumer through a delivery network company and who provides delivery network services to that consumer.
(3) "Delivery network services" means both of the following when performed as part of a single transaction:
(a) Pickup of a local product by a delivery network courier from a local merchant that is not under common ownership or control of the delivery network company through which the transaction was initiated, and which may include selection, collection, and purchase of the local product;
(b) Delivery by the delivery network courier of that local product to a location designated by the consumer that is not more than seventy-five miles from the local merchant's place of business where the pickup described in division (XXX)(3)(a) of this section occurs.
(4) "Local merchant" means a person engaged in selling local products from a temporary or fixed place of business in this state, including a kitchen, restaurant, grocery store, retail store, or convenience store.
(5) "Local product" means any tangible personal property, including food, but excluding freight, mail, or a package to which postage is affixed.
Sec. 5739.02. For the purpose of providing revenue with which to meet the needs of the state, for the use of the general revenue fund of the state, for the purpose of securing a thorough and efficient system of common schools throughout the state, for the purpose of affording revenues, in addition to those from general property taxes, permitted under constitutional limitations, and from other sources, for the support of local governmental functions, and for the purpose of reimbursing the state for the expense of administering this chapter, an excise tax is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided in section 5739.025 of the Revised Code. The rate of the tax shall be five and three-fourths per cent. The tax applies and is collectible when the sale is made, regardless of the time when the price is paid or delivered.
(2) In the case of the lease or rental, with a fixed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the vendor at the time the lease or rental is consummated and shall be calculated by the vendor on the basis of the total amount to be paid by the lessee or renter under the lease agreement. If the total amount of the consideration for the lease or rental includes amounts that are not calculated at the time the lease or rental is executed, the tax shall be calculated and collected by the vendor at the time such amounts are billed to the lessee or renter. In the case of an open-end lease or rental, the tax shall be calculated by the vendor on the basis of the total amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or similar provision that applies if the renewal clause is not exercised is presumed to be a sham transaction. In such a case, the tax shall be calculated and paid on the basis of the entire length of the lease period, including any renewal periods, until the termination penalty or similar provision no longer applies. The taxpayer shall bear the burden, by a preponderance of the evidence, that the transaction or series of transactions is not a sham transaction.
(3) Except as provided in division (A)(2) of this section, in the case of a sale, the price of which consists in whole or in part of the lease or rental of tangible personal property, the tax shall be measured by the installments of that lease or rental.
(4) In the case of a sale of a physical fitness facility service or recreation and sports club service, the price of which consists in whole or in part of a membership for the receipt of the benefit of the service, the tax applicable to the sale shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political subdivisions, or to any other state or its political subdivisions if the laws of that state exempt from taxation sales made to this state and its political subdivisions including either of the following:
(a) Sales or rentals of tangible personal property by construction contractors or subcontractors to provide temporary traffic control or temporary structures, including material and equipment used to comply with the Ohio manual of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code, whereby the state or any of its political subdivisions take title to, or permanent or temporary possession of, such tangible personal property for use by the state or any of its political subdivisions, including for use by the general public thereof;
(b) Sales of services by construction contractors or subcontractors to provide temporary traffic control or structures, including labor used to comply with the Ohio manual of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code, whereby the state or any of its political subdivisions, including the general public thereof, receive the benefit of such services.
As used in divisions (B)(1)(a) and (b) of this section, "temporary structures" include temporary roads, bridges, drains, and pavement.
(2) Sales of food for human consumption off the premises where sold;
(3) Sales of food sold to students only in a cafeteria, dormitory, fraternity, or sorority maintained in a private, public, or parochial school, college, or university;
(4) Sales of newspapers and sales or transfers of magazines distributed as controlled circulation publications;
(5) The furnishing, preparing, or serving of meals without charge by an employer to an employee provided the employer records the meals as part compensation for services performed or work done;
(6)(a) Sales of motor fuel upon receipt, use, distribution, or sale of which in this state a tax is imposed by the law of this state, but this exemption shall not apply to the sale of motor fuel on which a refund of the tax is allowable under division (A) of section 5735.14 of the Revised Code; and the tax commissioner may deduct the amount of tax levied by this section applicable to the price of motor fuel when granting a refund of motor fuel tax pursuant to division (A) of section 5735.14 of the Revised Code and shall cause the amount deducted to be paid into the general revenue fund of this state;
(b) Sales of motor fuel other than that described in division (B)(6)(a) of this section and used for powering a refrigeration unit on a vehicle other than one used primarily to provide comfort to the operator or occupants of the vehicle.
(7) Sales of natural gas by a natural gas company or municipal gas utility, of water by a water-works company, or of steam by a heating company, if in each case the thing sold is delivered to consumers through pipes or conduits, and all sales of communications services by a telegraph company, all terms as defined in section 5727.01 of the Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed directly by the person to conduct such sales, except as to such sales of motor vehicles, watercraft or outboard motors required to be titled under section 1548.06 of the Revised Code, watercraft documented with the United States coast guard, snowmobiles, and all-purpose vehicles as defined in section 4519.01 of the Revised Code;
(9)(a) Sales of services or tangible personal property, other than motor vehicles, mobile homes, and manufactured homes, by churches, organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit organizations operated exclusively for charitable purposes as defined in division (B)(12) of this section, provided that the number of days on which such tangible personal property or services, other than items never subject to the tax, are sold does not exceed six in any calendar year, except as otherwise provided in division (B)(9)(b) of this section. If the number of days on which such sales are made exceeds six in any calendar year, the church or organization shall be considered to be engaged in business and all subsequent sales by it shall be subject to the tax. In counting the number of days, all sales by groups within a church or within an organization shall be considered to be sales of that church or organization.
(b) The limitation on the number of days on which tax-exempt sales may be made by a church or organization under division (B)(9)(a) of this section does not apply to sales made by student clubs and other groups of students of a primary or secondary school, or a parent-teacher association, booster group, or similar organization that raises money to support or fund curricular or extracurricular activities of a primary or secondary school.
(c) Divisions (B)(9)(a) and (b) of this section do not apply to sales by a noncommercial educational radio or television broadcasting station.
(10) Sales not within the taxing power of this state under the Constitution or laws of the United States or the Constitution of this state including either of the following:
(a) Sales or rentals of tangible personal property by construction contractors or subcontractors to provide temporary traffic control or temporary structures, including material and equipment used to comply with the Ohio manual of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code, whereby the United States takes title to, or permanent or temporary possession of, such tangible personal property for use by the United States including for use by the general public thereof;
(b) Sales of services by construction contractors or subcontractors to provide temporary traffic control or structures, including labor used to comply with the Ohio manual of uniform traffic control devices adopted pursuant to section 4511.09 of the Revised Code, whereby the United States, including the general public thereof, receives the benefit of such services.
As used in divisions (B)(10)(a) and (b) of this section, "temporary structures" include temporary roads, bridges, drains, and pavement.
(11) Except for transactions that are sales under division (B)(3)(p) of section 5739.01 of the Revised Code, the transportation of persons or property, unless the transportation is by a private investigation and security service;
(12) Sales of tangible personal property or services to churches, to organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, and to any other nonprofit organizations operated exclusively for charitable purposes in this state, no part of the net income of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation; sales to offices administering one or more homes for the aged or one or more hospital facilities exempt under section 140.08 of the Revised Code; and sales to organizations described in division (D) of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the improvement of health through the alleviation of illness, disease, or injury; the operation of an organization exclusively for the provision of professional, laundry, printing, and purchasing services to hospitals or charitable institutions; the operation of a home for the aged, as defined in section 5701.13 of the Revised Code; the operation of a radio or television broadcasting station that is licensed by the federal communications commission as a noncommercial educational radio or television station; the operation of a nonprofit animal adoption service or a county humane society; the promotion of education by an institution of learning that maintains a faculty of qualified instructors, teaches regular continuous courses of study, and confers a recognized diploma upon completion of a specific curriculum; the operation of a parent-teacher association, booster group, or similar organization primarily engaged in the promotion and support of the curricular or extracurricular activities of a primary or secondary school; the operation of a community or area center in which presentations in music, dramatics, the arts, and related fields are made in order to foster public interest and education therein; the production of performances in music, dramatics, and the arts; or the promotion of education by an organization engaged in carrying on research in, or the dissemination of, scientific and technological knowledge and information primarily for the public.
Nothing in this division shall be deemed to exempt sales to any organization for use in the operation or carrying on of a trade or business, or sales to a home for the aged for use in the operation of independent living facilities as defined in division (A) of section 5709.12 of the Revised Code.
(13)
Building and construction materials and services sold to construction
contractors for incorporation into a structure or improvement to real
property under a construction contract with this state or a political
subdivision of this state, or with the United States government or
any of its agencies; building and construction materials and services
sold to construction contractors for incorporation into a structure
or improvement to real property that are accepted for ownership by
this state or any of its political subdivisions, or by the United
States government or any of its agencies at the time of completion of
the structures or improvements; building and construction materials
sold to construction contractors for incorporation into a
horticulture structure or livestock structure for a person engaged in
the business of horticulture or producing livestock; building
materials and services sold to a construction contractor for
incorporation into a house of public worship or religious education,
or a building used exclusively for charitable purposes under a
construction contract with an organization whose purpose is as
described in division (B)(12) of this section; building materials and
services sold to a construction contractor for incorporation into a
building under a construction contract with an organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code of
1986 when the building is to be used exclusively for the
organization's exempt purposes; building
and construction materials tangible
personal property sold for incorporation into the original
construction of a sports facility under section
307.696 of the Revised Code; building and construction materials and
services sold to a construction contractor for incorporation into
real property outside this state if such materials and services, when
sold to a construction contractor in the state in which the real
property is located for incorporation into real property in that
state, would be exempt from a tax on sales levied by that state;
building and construction materials for incorporation into a
transportation facility pursuant to a public-private agreement
entered into under sections 5501.70 to 5501.83 of the Revised Code;
until one calendar year after the construction of a convention center
that qualifies for property tax exemption under section 5709.084 of
the Revised Code is completed, building and construction materials
and services sold to a construction contractor for incorporation into
the real property comprising that convention center; and building and
construction materials sold for incorporation into a structure or
improvement to real property that is used primarily as, or primarily
in support of, a manufacturing facility or research and development
facility and that is to be owned by a megaproject operator upon
completion and located at the site of a megaproject that satisfies
the criteria described in division (A)(11)(a)(ii) of section 122.17
of the Revised Code, provided that the sale occurs during the period
that the megaproject operator has an agreement for such megaproject
with the tax credit authority under division (D) of section 122.17 of
the Revised Code that remains in effect and has not expired or been
terminated.
(14) Sales of ships or vessels or rail rolling stock used or to be used principally in interstate or foreign commerce, and repairs, alterations, fuel, and lubricants for such ships or vessels or rail rolling stock;
(15) Sales to persons primarily engaged in any of the activities mentioned in division (B)(42)(a), (g), or (h) of this section, to persons engaged in making retail sales, or to persons who purchase for sale from a manufacturer tangible personal property that was produced by the manufacturer in accordance with specific designs provided by the purchaser, of packages, including material, labels, and parts for packages, and of machinery, equipment, and material for use primarily in packaging tangible personal property produced for sale, including any machinery, equipment, and supplies used to make labels or packages, to prepare packages or products for labeling, or to label packages or products, by or on the order of the person doing the packaging, or sold at retail. "Packages" includes bags, baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings, and other similar devices and containers, but does not include motor vehicles or bulk tanks, trailers, or similar devices attached to motor vehicles. "Packaging" means placing in a package. Division (B)(15) of this section does not apply to persons engaged in highway transportation for hire.
(16) Sales of food to persons using supplemental nutrition assistance program benefits to purchase the food. As used in this division, "food" has the same meaning as in 7 U.S.C. 2012 and federal regulations adopted pursuant to the Food and Nutrition Act of 2008.
(17) Sales to persons engaged in farming, agriculture, horticulture, or floriculture, of tangible personal property for use or consumption primarily in the production by farming, agriculture, horticulture, or floriculture of other tangible personal property for use or consumption primarily in the production of tangible personal property for sale by farming, agriculture, horticulture, or floriculture; or material and parts for incorporation into any such tangible personal property for use or consumption in production; and of tangible personal property for such use or consumption in the conditioning or holding of products produced by and for such use, consumption, or sale by persons engaged in farming, agriculture, horticulture, or floriculture, except where such property is incorporated into real property;
(18) Sales of drugs for a human being that may be dispensed only pursuant to a prescription; insulin as recognized in the official United States pharmacopoeia; urine and blood testing materials when used by diabetics or persons with hypoglycemia to test for glucose or acetone; hypodermic syringes and needles when used by diabetics for insulin injections; epoetin alfa when purchased for use in the treatment of persons with medical disease; hospital beds when purchased by hospitals, nursing homes, or other medical facilities; and medical oxygen and medical oxygen-dispensing equipment when purchased by hospitals, nursing homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment for home use, or mobility enhancing equipment, when made pursuant to a prescription and when such devices or equipment are for use by a human being.
(20) Sales of emergency and fire protection vehicles and equipment to nonprofit organizations for use solely in providing fire protection and emergency services, including trauma care and emergency medical services, for political subdivisions of the state;
(21) Sales of tangible personal property manufactured in this state, if sold by the manufacturer in this state to a retailer for use in the retail business of the retailer outside of this state and if possession is taken from the manufacturer by the purchaser within this state for the sole purpose of immediately removing the same from this state in a vehicle owned by the purchaser;
(22) Sales of services provided by the state or any of its political subdivisions, agencies, instrumentalities, institutions, or authorities, or by governmental entities of the state or any of its political subdivisions, agencies, instrumentalities, institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state under the circumstances described in division (B) of section 5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs for sale of tangible personal property used or consumed directly in such preparation, including such tangible personal property used for cleaning, sanitizing, preserving, grading, sorting, and classifying by size; packages, including material and parts for packages, and machinery, equipment, and material for use in packaging eggs for sale; and handling and transportation equipment and parts therefor, except motor vehicles licensed to operate on public highways, used in intraplant or interplant transfers or shipment of eggs in the process of preparation for sale, when the plant or plants within or between which such transfers or shipments occur are operated by the same person. "Packages" includes containers, cases, baskets, flats, fillers, filler flats, cartons, closure materials, labels, and labeling materials, and "packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use;
(b) Sales of water by a nonprofit corporation engaged exclusively in the treatment, distribution, and sale of water to consumers, if such water is delivered to consumers through pipes or tubing.
(26) Fees charged for inspection or reinspection of motor vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service operation pursuant to section 3717.43 of the Revised Code, of tangible personal property primarily used directly for the following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared for human consumption for sale by the food service operator, not including tangible personal property used to display food for selection by the consumer;
(c) To clean tangible personal property used to prepare or serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption services or county humane societies;
(29) Sales of services to a corporation described in division (A) of section 5709.72 of the Revised Code, and sales of tangible personal property that qualifies for exemption from taxation under section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as defined in division (B)(5)(a) of section 5739.01 of the Revised Code;
(31) Sales and erection or installation of portable grain bins, as defined in division (B)(5)(b) of section 5739.01 of the Revised Code;
(32) The sale, lease, repair, and maintenance of, parts for, or items attached to or incorporated in, motor vehicles that are primarily used for transporting tangible personal property belonging to others by a person engaged in highway transportation for hire, except for packages and packaging used for the transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans' organization in this state that is either incorporated and issued a charter by the congress of the United States or is recognized by the United States veterans administration, for use by the headquarters;
(34) Sales to a telecommunications service vendor, mobile telecommunications service vendor, or satellite broadcasting service vendor of tangible personal property and services used directly and primarily in transmitting, receiving, switching, or recording any interactive, one- or two-way electromagnetic communications, including voice, image, data, and information, through the use of any medium, including, but not limited to, poles, wires, cables, switching equipment, computers, and record storage devices and media, and component parts for the tangible personal property. The exemption provided in this division shall be in lieu of all other exemptions under division (B)(42)(a) or (n) of this section to which the vendor may otherwise be entitled, based upon the use of the thing purchased in providing the telecommunications, mobile telecommunications, or satellite broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use or consume the things transferred in making retail sales and consisting of newspaper inserts, catalogues, coupons, flyers, gift certificates, or other advertising material that prices and describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary materials such as photographs, artwork, and typesetting that will be used in printing advertising material; and of printed matter that offers free merchandise or chances to win sweepstake prizes and that is mailed to potential customers with advertising material described in division (B)(35)(a) of this section;
(c) Sales of equipment such as telephones, computers, facsimile machines, and similar tangible personal property primarily used to accept orders for direct marketing retail sales.
(d) Sales of automatic food vending machines that preserve food with a shelf life of forty-five days or less by refrigeration and dispense it to the consumer.
For purposes of division (B)(35) of this section, "direct marketing" means the method of selling where consumers order tangible personal property by United States mail, delivery service, or telecommunication and the vendor delivers or ships the tangible personal property sold to the consumer from a warehouse, catalogue distribution center, or similar fulfillment facility by means of the United States mail, delivery service, or common carrier.
(36) Sales to a person engaged in the business of horticulture or producing livestock of materials to be incorporated into a horticulture structure or livestock structure;
(37) Sales of personal computers, computer monitors, computer keyboards, modems, and other peripheral computer equipment to an individual who is licensed or certified to teach in an elementary or a secondary school in this state for use by that individual in preparation for teaching elementary or secondary school students;
(38) Sales of tangible personal property that is not required to be registered or licensed under the laws of this state to a citizen of a foreign nation that is not a citizen of the United States, provided the property is delivered to a person in this state that is not a related member of the purchaser, is physically present in this state for the sole purpose of temporary storage and package consolidation, and is subsequently delivered to the purchaser at a delivery address in a foreign nation. As used in division (B)(38) of this section, "related member" has the same meaning as in section 5733.042 of the Revised Code, and "temporary storage" means the storage of tangible personal property for a period of not more than sixty days.
(39) Sales of used manufactured homes and used mobile homes, as defined in section 5739.0210 of the Revised Code, made on or after January 1, 2000;
(40) Sales of tangible personal property and services to a provider of electricity used or consumed directly and primarily in generating, transmitting, or distributing electricity for use by others, including property that is or is to be incorporated into and will become a part of the consumer's production, transmission, or distribution system and that retains its classification as tangible personal property after incorporation; fuel or power used in the production, transmission, or distribution of electricity; energy conversion equipment as defined in section 5727.01 of the Revised Code; and tangible personal property and services used in the repair and maintenance of the production, transmission, or distribution system, including only those motor vehicles as are specially designed and equipped for such use. The exemption provided in this division shall be in lieu of all other exemptions in division (B)(42)(a) or (n) of this section to which a provider of electricity may otherwise be entitled based on the use of the tangible personal property or service purchased in generating, transmitting, or distributing electricity.
(41) Sales to a person providing services under division (B)(3)(p) of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of the following:
(a) To incorporate the thing transferred as a material or a part into tangible personal property to be produced for sale by manufacturing, assembling, processing, or refining; or to use or consume the thing transferred directly in producing tangible personal property for sale by mining, including, without limitation, the extraction from the earth of all substances that are classed geologically as minerals, or directly in the rendition of a public utility service, except that the sales tax levied by this section shall be collected upon all meals, drinks, and food for human consumption sold when transporting persons. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property.
(b) To hold the thing transferred as security for the performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial fishing;
(e) To incorporate the thing transferred as a material or a part into, or to use or consume the thing transferred directly in the production of, magazines distributed as controlled circulation publications;
(f) To use or consume the thing transferred in the production and preparation in suitable condition for market and sale of printed, imprinted, overprinted, lithographic, multilithic, blueprinted, photostatic, or other productions or reproductions of written or graphic matter;
(g) To use the thing transferred, as described in section 5739.011 of the Revised Code, primarily in a manufacturing operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service contract, or similar agreement, as described in division (B)(7) of section 5739.01 of the Revised Code, to repair or maintain tangible personal property, if all of the property that is the subject of the warranty, contract, or agreement would not be subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and development equipment;
(j) To use or consume the thing transferred primarily in storing, transporting, mailing, or otherwise handling purchased sales inventory in a warehouse, distribution center, or similar facility when the inventory is primarily distributed outside this state to retail stores of the person who owns or controls the warehouse, distribution center, or similar facility, to retail stores of an affiliated group of which that person is a member, or by means of direct marketing. This division does not apply to motor vehicles registered for operation on the public highways. As used in this division, "affiliated group" has the same meaning as in division (B)(3)(e) of section 5739.01 of the Revised Code and "direct marketing" has the same meaning as in division (B)(35) of this section.
(k) To use or consume the thing transferred to fulfill a contractual obligation incurred by a warrantor pursuant to a warranty provided as a part of the price of the tangible personal property sold or by a vendor of a warranty, maintenance or service contract, or similar agreement the provision of which is defined as a sale under division (B)(7) of section 5739.01 of the Revised Code;
(l) To use or consume the thing transferred in the production of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service listed in division (B)(3) of section 5739.01 of the Revised Code, if the property is or is to be permanently transferred to the consumer of the service as an integral part of the performance of the service;
(n) To use or consume the thing transferred primarily in producing tangible personal property for sale by farming, agriculture, horticulture, or floriculture. Persons engaged in rendering farming, agriculture, horticulture, or floriculture services for others are deemed engaged primarily in farming, agriculture, horticulture, or floriculture. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property.
(o) To use or consume the thing transferred in acquiring, formatting, editing, storing, and disseminating data or information by electronic publishing;
(p) To provide the thing transferred to the owner or lessee of a motor vehicle that is being repaired or serviced, if the thing transferred is a rented motor vehicle and the purchaser is reimbursed for the cost of the rented motor vehicle by a manufacturer, warrantor, or provider of a maintenance, service, or other similar contract or agreement, with respect to the motor vehicle that is being repaired or serviced;
(q) To use or consume the thing transferred directly in production of crude oil and natural gas for sale. Persons engaged in rendering production services for others are deemed engaged in production.
As used in division (B)(42)(q) of this section, "production" means operations and tangible personal property directly used to expose and evaluate an underground reservoir that may contain hydrocarbon resources, prepare the wellbore for production, and lift and control all substances yielded by the reservoir to the surface of the earth.
(i) For the purposes of division (B)(42)(q) of this section, the "thing transferred" includes, but is not limited to, any of the following:
(I) Services provided in the construction of permanent access roads, services provided in the construction of the well site, and services provided in the construction of temporary impoundments;
(II) Equipment and rigging used for the specific purpose of creating with integrity a wellbore pathway to underground reservoirs;
(III) Drilling and workover services used to work within a subsurface wellbore, and tangible personal property directly used in providing such services;
(IV) Casing, tubulars, and float and centralizing equipment;
(V) Trailers to which production equipment is attached;
(VI) Well completion services, including cementing of casing, and tangible personal property directly used in providing such services;
(VII) Wireline evaluation, mud logging, and perforation services, and tangible personal property directly used in providing such services;
(VIII) Reservoir stimulation, hydraulic fracturing, and acidizing services, and tangible personal property directly used in providing such services, including all material pumped downhole;
(IX) Pressure pumping equipment;
(X) Artificial lift systems equipment;
(XI) Wellhead equipment and well site equipment used to separate, stabilize, and control hydrocarbon phases and produced water;
(XII) Tangible personal property directly used to control production equipment.
(ii) For the purposes of division (B)(42)(q) of this section, the "thing transferred" does not include any of the following:
(I) Tangible personal property used primarily in the exploration and production of any mineral resource regulated under Chapter 1509. of the Revised Code other than oil or gas;
(II) Tangible personal property used primarily in storing, holding, or delivering solutions or chemicals used in well stimulation as defined in section 1509.01 of the Revised Code;
(III) Tangible personal property used primarily in preparing, installing, or reclaiming foundations for drilling or pumping equipment or well stimulation material tanks;
(IV) Tangible personal property used primarily in transporting, delivering, or removing equipment to or from the well site or storing such equipment before its use at the well site;
(V) Tangible personal property used primarily in gathering operations occurring off the well site, including gathering pipelines transporting hydrocarbon gas or liquids away from a crude oil or natural gas production facility;
(VI) Tangible personal property that is to be incorporated into a structure or improvement to real property;
(VII) Well site fencing, lighting, or security systems;
(VIII) Communication devices or services;
(IX) Office supplies;
(X) Trailers used as offices or lodging;
(XI) Motor vehicles of any kind;
(XII) Tangible personal property used primarily for the storage of drilling byproducts and fuel not used for production;
(XIII) Tangible personal property used primarily as a safety device;
(XIV) Data collection or monitoring devices;
(XV) Access ladders, stairs, or platforms attached to storage tanks.
The enumeration of tangible personal property in division (B)(42)(q)(ii) of this section is not intended to be exhaustive, and any tangible personal property not so enumerated shall not necessarily be construed to be a "thing transferred" for the purposes of division (B)(42)(q) of this section.
The commissioner shall adopt and promulgate rules under sections 119.01 to 119.13 of the Revised Code that the commissioner deems necessary to administer division (B)(42)(q) of this section.
As used in division (B)(42) of this section, "thing" includes all transactions included in divisions (B)(3)(a), (b), and (e) of section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that activates vacuum equipment or equipment that dispenses water, whether or not in combination with soap or other cleaning agents or wax, to the consumer for the consumer's use on the premises in washing, cleaning, or waxing a motor vehicle, provided no other personal property or personal service is provided as part of the transaction.
(44) Sales of replacement and modification parts for engines, airframes, instruments, and interiors in, and paint for, aircraft used primarily in a fractional aircraft ownership program, and sales of services for the repair, modification, and maintenance of such aircraft, and machinery, equipment, and supplies primarily used to provide those services.
(45) Sales of telecommunications service that is used directly and primarily to perform the functions of a call center. As used in this division, "call center" means any physical location where telephone calls are placed or received in high volume for the purpose of making sales, marketing, customer service, technical support, or other specialized business activity, and that employs at least fifty individuals that engage in call center activities on a full-time basis, or sufficient individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900 service to a subscriber. This division does not apply to information services.
(47) Sales of value-added non-voice data service. This division does not apply to any similar service that is not otherwise a telecommunications service.
(48) Sales of feminine hygiene products.
(49) Sales of materials, parts, equipment, or engines used in the repair or maintenance of aircraft or avionics systems of such aircraft, and sales of repair, remodeling, replacement, or maintenance services in this state performed on aircraft or on an aircraft's avionics, engine, or component materials or parts. As used in division (B)(49) of this section, "aircraft" means aircraft of more than six thousand pounds maximum certified takeoff weight or used exclusively in general aviation.
(50) Sales of full flight simulators that are used for pilot or flight-crew training, sales of repair or replacement parts or components, and sales of repair or maintenance services for such full flight simulators. "Full flight simulator" means a replica of a specific type, or make, model, and series of aircraft cockpit. It includes the assemblage of equipment and computer programs necessary to represent aircraft operations in ground and flight conditions, a visual system providing an out-of-the-cockpit view, and a system that provides cues at least equivalent to those of a three-degree-of-freedom motion system, and has the full range of capabilities of the systems installed in the device as described in appendices A and B of part 60 of chapter 1 of title 14 of the Code of Federal Regulations.
(51) Any transfer or lease of tangible personal property between the state and JobsOhio in accordance with section 4313.02 of the Revised Code.
(52)(a) Sales to a qualifying corporation.
(b) As used in division (B)(52) of this section:
(i) "Qualifying corporation" means a nonprofit corporation organized in this state that leases from an eligible county land, buildings, structures, fixtures, and improvements to the land that are part of or used in a public recreational facility used by a major league professional athletic team or a class A to class AAA minor league affiliate of a major league professional athletic team for a significant portion of the team's home schedule, provided the following apply:
(I) The facility is leased from the eligible county pursuant to a lease that requires substantially all of the revenue from the operation of the business or activity conducted by the nonprofit corporation at the facility in excess of operating costs, capital expenditures, and reserves to be paid to the eligible county at least once per calendar year.
(II) Upon dissolution and liquidation of the nonprofit corporation, all of its net assets are distributable to the board of commissioners of the eligible county from which the corporation leases the facility.
(ii) "Eligible county" has the same meaning as in section 307.695 of the Revised Code.
(53) Sales to or by a cable service provider, video service provider, or radio or television broadcast station regulated by the federal government of cable service or programming, video service or programming, audio service or programming, or electronically transferred digital audiovisual or audio work. As used in division (B)(53) of this section, "cable service" and "cable service provider" have the same meanings as in section 1332.01 of the Revised Code, and "video service," "video service provider," and "video programming" have the same meanings as in section 1332.21 of the Revised Code.
(54) Sales of a digital audio work electronically transferred for delivery through use of a machine, such as a juke box, that does all of the following:
(a) Accepts direct payments to operate;
(b) Automatically plays a selected digital audio work for a single play upon receipt of a payment described in division (B)(54)(a) of this section;
(c) Operates exclusively for the purpose of playing digital audio works in a commercial establishment.
(55)(a) Sales of the following occurring on the first Friday of August and the following Saturday and Sunday of any year, except in 2024 or any subsequent year in which a sales tax holiday is held pursuant to section 5739.41 of the Revised Code:
(i) An item of clothing, the price of which is seventy-five dollars or less;
(ii) An item of school supplies, the price of which is twenty dollars or less;
(iii) An item of school instructional material, the price of which is twenty dollars or less.
(b) As used in division (B)(55) of this section:
(i) "Clothing" means all human wearing apparel suitable for general use. "Clothing" includes, but is not limited to, aprons, household and shop; athletic supporters; baby receiving blankets; bathing suits and caps; beach capes and coats; belts and suspenders; boots; coats and jackets; costumes; diapers, children and adult, including disposable diapers; earmuffs; footlets; formal wear; garters and garter belts; girdles; gloves and mittens for general use; hats and caps; hosiery; insoles for shoes; lab coats; neckties; overshoes; pantyhose; rainwear; rubber pants; sandals; scarves; shoes and shoe laces; slippers; sneakers; socks and stockings; steel-toed shoes; underwear; uniforms, athletic and nonathletic; and wedding apparel. "Clothing" does not include items purchased for use in a trade or business; clothing accessories or equipment; protective equipment; sports or recreational equipment; belt buckles sold separately; costume masks sold separately; patches and emblems sold separately; sewing equipment and supplies including, but not limited to, knitting needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles; and sewing materials that become part of "clothing" including, but not limited to, buttons, fabric, lace, thread, yarn, and zippers.
(ii) "School supplies" means items commonly used by a student in a course of study. "School supplies" includes only the following items: binders; book bags; calculators; cellophane tape; blackboard chalk; compasses; composition books; crayons; erasers; folders, expandable, pocket, plastic, and manila; glue, paste, and paste sticks; highlighters; index cards; index card boxes; legal pads; lunch boxes; markers; notebooks; paper, loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper; pencil boxes and other school supply boxes; pencil sharpeners; pencils; pens; protractors; rulers; scissors; and writing tablets. "School supplies" does not include any item purchased for use in a trade or business.
(iii) "School instructional material" means written material commonly used by a student in a course of study as a reference and to learn the subject being taught. "School instructional material" includes only the following items: reference books, reference maps and globes, textbooks, and workbooks. "School instructional material" does not include any material purchased for use in a trade or business.
(56)(a) Sales of adult diapers or incontinence underpads sold pursuant to a prescription, for the benefit of a medicaid recipient with a diagnosis of incontinence, and by a medicaid provider that maintains a valid provider agreement under section 5164.30 of the Revised Code with the department of medicaid, provided that the medicaid program covers diapers or incontinence underpads as an incontinence garment.
(b) As used in division (B)(56)(a) of this section, "incontinence underpad" means an absorbent product, not worn on the body, designed to protect furniture or other tangible personal property from soiling or damage due to human incontinence.
(57) Sales of investment metal bullion and investment coins. "Investment metal bullion" means any bullion described in section 408(m)(3)(B) of the Internal Revenue Code, regardless of whether that bullion is in the physical possession of a trustee. "Investment coin" means any coin composed primarily of gold, silver, platinum, or palladium.
(58) Sales of tangible personal property used primarily for any of the following purposes by a megaproject operator at the site of a megaproject that satisfies the criteria described in division (A)(11)(a)(ii) of section 122.17 of the Revised Code, provided that the sale occurs during the period that the megaproject operator has an agreement for such megaproject with the tax credit authority under division (D) of section 122.17 of the Revised Code that remains in effect and has not expired or been terminated:
(a) To store, transmit, convey, distribute, recycle, circulate, or clean water, steam, or other gases used in or produced as a result of manufacturing activity, including items that support or aid in the operation of such property;
(b) To clean or prepare inventory, at any stage of storage or production, or equipment used in a manufacturing activity, including chemicals, solvents, catalysts, soaps, and other items that support or aid in the operation of property;
(c) To regulate, treat, filter, condition, improve, clean, maintain, or monitor environmental conditions within areas where manufacturing activities take place;
(d) To handle, transport, or convey inventory during production or manufacturing.
(59) Documentary services charges imposed pursuant to section 4517.261 or 4781.24 of the Revised Code.
(60) Sales of children's diapers.
(61) Sales of therapeutic or preventative creams and wipes marketed primarily for use on the skin of children.
(62) Sales of a child restraint device or booster seat that meets the national highway traffic safety administration standard for child restraint systems under 49 C.F.R. 571.213.
(63) Sales of cribs intended to provide sleeping accommodations for children that comply with the United States consumer product safety commission's safety standard for full-size baby cribs under 16 C.F.R. 1219 or the commission's safety standard for non-full-size baby cribs under 16 C.F.R. 1220.
(64) Sales of strollers meant for transporting children from infancy to about thirty-six months of age that meet the United States consumer product safety commission safety standard for carriages and strollers under 16 C.F.R. 1227.2.
(65) The fee imposed by section 3743.22 of the Revised Code, if it is separately stated on the invoice, bill of sale, or similar document given by the vendor to the consumer for a retail sale made in this state.
(66) Sales of eligible tangible personal property occurring during the period of a sales tax holiday held pursuant to section 5739.41 of the Revised Code.
(C) For the purpose of the proper administration of this chapter, and to prevent the evasion of the tax, it is presumed that all sales made in this state are subject to the tax until the contrary is established.
(D) The tax collected by the vendor from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional sales tax pursuant to section 5739.021 or 5739.026 of the Revised Code and of transit authorities levying an additional sales tax pursuant to section 5739.023 of the Revised Code. Except for the discount authorized under section 5739.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any benefit from the collection or payment of the tax levied by this section or section 5739.021, 5739.023, or 5739.026 of the Revised Code.
Sec. 5739.03. (A) Except as provided in section 5739.05 or section 5739.051 of the Revised Code, the tax imposed by or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid by the consumer to the vendor, and each vendor shall collect from the consumer, as a trustee for the state of Ohio, the full and exact amount of the tax payable on each taxable sale, in the manner and at the times provided as follows:
(1) If the price is, at or prior to the provision of the service or the delivery of possession of the thing sold to the consumer, paid in currency passed from hand to hand by the consumer or the consumer's agent to the vendor or the vendor's agent, the vendor or the vendor's agent shall collect the tax with and at the same time as the price;
(2) If the price is otherwise paid or to be paid, the vendor or the vendor's agent shall, at or prior to the provision of the service or the delivery of possession of the thing sold to the consumer, charge the tax imposed by or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to the account of the consumer, which amount shall be collected by the vendor from the consumer in addition to the price. Such sale shall be reported on and the amount of the tax applicable thereto shall be remitted with the return for the period in which the sale is made, and the amount of the tax shall become a legal charge in favor of the vendor and against the consumer.
(B)(1)(a) If any sale is claimed to be exempt under division (E) of section 5739.01 of the Revised Code or under section 5739.02 of the Revised Code, with the exception of divisions (B)(1) to (11), (28), (48), (55), (59), or (66) of section 5739.02 of the Revised Code, the consumer must provide to the vendor, and the vendor must obtain from the consumer, a certificate specifying the reason that the sale is not legally subject to the tax. The certificate shall be in such form, and shall be provided either in a hard copy form or electronic form, as the tax commissioner prescribes.
(b) A vendor that obtains a fully completed exemption certificate from a consumer is relieved of liability for collecting and remitting tax on any sale covered by that certificate. If it is determined the exemption was improperly claimed, the consumer shall be liable for any tax due on that sale under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter 5741. of the Revised Code. Relief under this division from liability does not apply to any of the following:
(i) A vendor that fraudulently fails to collect tax;
(ii) A vendor that solicits consumers to participate in the unlawful claim of an exemption;
(iii) A vendor that accepts an exemption certificate from a consumer that claims an exemption based on who purchases or who sells property or a service, when the subject of the transaction sought to be covered by the exemption certificate is actually received by the consumer at a location operated by the vendor in this state, and this state has posted to its web site an exemption certificate form that clearly and affirmatively indicates that the claimed exemption is not available in this state;
(iv) A vendor that accepts an exemption certificate from a consumer who claims a multiple points of use exemption under division (D) of section 5739.033 of the Revised Code, if the item purchased is tangible personal property, other than prewritten computer software.
(2) The vendor shall maintain records, including exemption certificates, of all sales on which a consumer has claimed an exemption, and provide them to the tax commissioner on request.
(3) The tax commissioner may establish an identification system whereby the commissioner issues an identification number to a consumer that is exempt from payment of the tax. The consumer must present the number to the vendor, if any sale is claimed to be exempt as provided in this section.
(4) If no certificate is provided or obtained within ninety days after the date on which such sale is consummated, it shall be presumed that the tax applies. Failure to have so provided or obtained a certificate shall not preclude a vendor, within one hundred twenty days after the tax commissioner gives written notice of intent to levy an assessment, from either establishing that the sale is not subject to the tax, or obtaining, in good faith, a fully completed exemption certificate.
(5) Certificates need not be obtained nor provided where the identity of the consumer is such that the transaction is never subject to the tax imposed or where the item of tangible personal property sold or the service provided is never subject to the tax imposed, regardless of use, or when the sale is in interstate commerce.
(6) If a transaction is claimed to be exempt under division (B)(13) of section 5739.02 of the Revised Code, the contractor shall obtain certification of the claimed exemption from the contractee. This certification shall be in addition to an exemption certificate provided by the contractor to the vendor. A contractee that provides a certification under this division shall be deemed to be the consumer of all items purchased by the contractor under the claim of exemption, if it is subsequently determined that the exemption is not properly claimed. The certification shall be in such form as the tax commissioner prescribes.
(7) If a transaction is claimed to be exempt under division (B)(13) of section 5739.02 of the Revised Code, the person that leases a sports facility, as defined in section 307.696 of the Revised Code, wholly owned by a county may provide and sign, on behalf of the county, an exemption certificate required under this section for that exemption.
(C) As used in this division, "contractee" means a person who seeks to enter or enters into a contract or agreement with a contractor or vendor for the construction of real property or for the sale and installation onto real property of tangible personal property.
Any contractor or vendor may request from any contractee a certification of what portion of the property to be transferred under such contract or agreement is to be incorporated into the realty and what portion will retain its status as tangible personal property after installation is completed. The contractor or vendor shall request the certification by certified mail delivered to the contractee, return receipt requested. Upon receipt of such request and prior to entering into the contract or agreement, the contractee shall provide to the contractor or vendor a certification sufficiently detailed to enable the contractor or vendor to ascertain the resulting classification of all materials purchased or fabricated by the contractor or vendor and transferred to the contractee. This requirement applies to a contractee regardless of whether the contractee holds a direct payment permit under section 5739.031 of the Revised Code or provides to the contractor or vendor an exemption certificate as provided under this section.
For the purposes of the taxes levied by this chapter and Chapter 5741. of the Revised Code, the contractor or vendor may in good faith rely on the contractee's certification. Notwithstanding division (B) of section 5739.01 of the Revised Code, if the tax commissioner determines that certain property certified by the contractee as tangible personal property pursuant to this division is, in fact, real property, the contractee shall be considered to be the consumer of all materials so incorporated into that real property and shall be liable for the applicable tax, and the contractor or vendor shall be excused from any liability on those materials.
If a contractee fails to provide such certification upon the request of the contractor or vendor, the contractor or vendor shall comply with the provisions of this chapter and Chapter 5741. of the Revised Code without the certification. If the tax commissioner determines that such compliance has been performed in good faith and that certain property treated as tangible personal property by the contractor or vendor is, in fact, real property, the contractee shall be considered to be the consumer of all materials so incorporated into that real property and shall be liable for the applicable tax, and the construction contractor or vendor shall be excused from any liability on those materials.
This division does not apply to any contract or agreement where the tax commissioner determines as a fact that a certification under this division was made solely on the decision or advice of the contractor or vendor.
(D) Notwithstanding division (B) of section 5739.01 of the Revised Code, whenever the total rate of tax imposed under this chapter is increased after the date after a construction contract is entered into, the contractee shall reimburse the construction contractor for any additional tax paid on tangible property consumed or services received pursuant to the contract.
(E) A vendor who files a petition for reassessment contesting the assessment of tax on sales for which the vendor obtained no valid exemption certificates and for which the vendor failed to establish that the sales were properly not subject to the tax during the one-hundred-twenty-day period allowed under division (B) of this section, may present to the tax commissioner additional evidence to prove that the sales were properly subject to a claim of exception or exemption. The vendor shall file such evidence within ninety days of the receipt by the vendor of the notice of assessment, except that, upon application and for reasonable cause, the period for submitting such evidence shall be extended thirty days.
The commissioner shall consider such additional evidence in reaching the final determination on the assessment and petition for reassessment.
(F) Whenever a vendor refunds the price, minus any separately stated delivery charge, of an item of tangible personal property on which the tax imposed under this chapter has been paid, the vendor shall also refund the amount of tax paid, minus the amount of tax attributable to the delivery charge.
Sec. 5741.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees, trustees in bankruptcy, estates, firms, partnerships, associations, joint-stock companies, joint ventures, clubs, societies, corporations, business trusts, governments, and combinations of individuals of any form.
(B) "Storage" means and includes any keeping or retention in this state for use or other consumption in this state.
(C) "Use" means and includes the exercise of any right or power incidental to the ownership of the thing used. A thing is also "used" in this state if its consumer gives or otherwise distributes it, without charge, to recipients in this state.
(D) "Purchase" means acquired or received for a consideration, whether such acquisition or receipt was effected by a transfer of title, or of possession, or of both, or a license to use or consume; whether such transfer was absolute or conditional, and by whatever means the transfer was effected; and whether the consideration was money, credit, barter, or exchange. Purchase includes production, even though the article produced was used, stored, or consumed by the producer. The transfer of copyrighted motion picture films for exhibition purposes is not a purchase, except such films as are used solely for advertising purposes.
(E)
"Seller" means the person from whom a purchase is made, and
includes every person engaged in this state or elsewhere in the
business of selling tangible personal property or providing a service
for storage, use, or other consumption or benefit in this state; and
when, in the opinion of the tax commissioner, it is necessary for the
efficient administration of this chapter, to regard any salesperson,
representative, peddler, or canvasser as the agent of a dealer,
distributor, supervisor, or employer under whom the person operates,
or from whom the person obtains tangible personal property, sold by
the person for storage, use, or other consumption in this state,
irrespective of whether or not the person is making such sales on the
person's own behalf, or on behalf of such dealer, distributor,
supervisor, or employer, the commissioner may regard the person as
such agent, and may regard such dealer, distributor, supervisor, or
employer as the seller. A
Except as provided in sections 5741.071 and 5747.072 of the Revised Code, a marketplace facilitator shall be treated as the "seller" with respect to all sales facilitated by the marketplace facilitator on behalf of one or more marketplace sellers on and after the first day of the first month that begins at least thirty days after the marketplace facilitator first has substantial nexus with this state. Otherwise, "seller" does not include any person to the extent the person provides a communications medium, such as, but not limited to, newspapers, magazines, radio, television, or cable television, by means of which sellers solicit purchases of their goods or services.
(F) "Consumer" means any person who has purchased tangible personal property or has been provided a service for storage, use, or other consumption or benefit in this state. "Consumer" does not include a person who receives, without charge, tangible personal property or a service.
A person who performs a facility management or similar service contract for a contractee is a consumer of all tangible personal property and services purchased for use in connection with the performance of such contract, regardless of whether title to any such property vests in the contractee. The purchase of such property and services is not subject to the exception for resale under division (E) of section 5739.01 of the Revised Code.
(G)(1) "Price," except as provided in divisions (G)(2) to (6) of this section, has the same meaning as in division (H)(1) of section 5739.01 of the Revised Code.
(2) In the case of watercraft, outboard motors, or new motor vehicles, "price" has the same meaning as in divisions (H)(2) and (3) of section 5739.01 of the Revised Code.
(3) In the case of a nonresident business consumer that purchases and uses tangible personal property outside this state and subsequently temporarily stores, uses, or otherwise consumes such tangible personal property in the conduct of business in this state, the consumer or the tax commissioner may determine the price based on the value of the temporary storage, use, or other consumption, in lieu of determining the price pursuant to division (G)(1) of this section. A price determination made by the consumer is subject to review and redetermination by the commissioner.
(4) In the case of tangible personal property held in this state as inventory for sale or lease, and that is temporarily stored, used, or otherwise consumed in a taxable manner, the price is the value of the temporary use. A price determination made by the consumer is subject to review and redetermination by the commissioner.
(5) In the case of tangible personal property originally purchased and used by the consumer outside this state, and that becomes permanently stored, used, or otherwise consumed in this state more than six months after its acquisition by the consumer, the consumer or the commissioner may determine the price based on the current value of such tangible personal property, in lieu of determining the price pursuant to division (G)(1) of this section. A price determination made by the consumer is subject to review and redetermination by the commissioner.
(6) If a consumer produces tangible personal property for sale and removes that property from inventory for the consumer's own use, the price is the produced cost of that tangible personal property.
(H) "Nexus with this state" means that the seller engages in continuous and widespread solicitation of purchases from residents of this state or otherwise purposefully directs its business activities at residents of this state.
(I)(1) "Substantial nexus with this state" means that the seller has sufficient contact with this state, in accordance with Section 8 of Article I of the Constitution of the United States, to allow the state to require the seller to collect and remit use tax on sales of tangible personal property or services made to consumers in this state.
(2) "Substantial nexus with this state" is presumed to exist when the seller does any of the following:
(a) Uses an office, distribution facility, warehouse, storage facility, or similar place of business within this state, whether operated by the seller or any other person, other than a common carrier acting in its capacity as a common carrier.
(b) Regularly uses employees, agents, representatives, solicitors, installers, repairers, salespersons, or other persons in this state for the purpose of conducting the business of the seller or either to engage in a business with the same or a similar industry classification as the seller selling a similar product or line of products as the seller, or to use trademarks, service marks, or trade names in this state that are the same or substantially similar to those used by the seller.
(c) Uses any person, other than a common carrier acting in its capacity as a common carrier, in this state for any of the following purposes:
(i) Receiving or processing orders of the seller's goods or services;
(ii) Using that person's employees or facilities in this state to advertise, promote, or facilitate sales by the seller to customers;
(iii) Delivering, installing, assembling, or performing maintenance services for the seller's customers;
(iv) Facilitating the seller's delivery of tangible personal property to customers in this state by allowing the seller's customers to pick up property sold by the seller at an office, distribution facility, warehouse, storage facility, or similar place of business.
(d) Makes regular deliveries of tangible personal property into this state by means other than common carrier.
(e) Has an affiliated person that has substantial nexus with this state.
(f) Owns tangible personal property that is rented or leased to a consumer in this state, or offers tangible personal property, on approval, to consumers in this state.
(g) Has gross receipts in excess of one hundred thousand dollars in the current or preceding calendar year from the sale of tangible personal property for storage, use, or consumption in this state or from providing services the benefit of which is realized in this state.
(h) Engages, in the current or preceding calendar year, in two hundred or more separate transactions selling tangible personal property for storage, use, or consumption in this state or providing services the benefit of which is realized in this state.
(3) A seller presumed to have substantial nexus with this state under divisions (I)(2)(a) to (f), (g), and (h) of this section may rebut that presumption by demonstrating that activities described in any of those divisions that are conducted by a person in this state on the seller's behalf are not significantly associated with the seller's ability to establish or maintain a market in this state for the seller's sales.
(4) A marketplace facilitator is presumed to have substantial nexus with this state if either of the following apply in the current or preceding calendar year:
(a) The aggregate gross receipts derived from sales of tangible personal property for storage, use, or consumption in this state or services the benefit of which is realized in this state, including sales made by the marketplace facilitator on its own behalf and sales facilitated by the marketplace facilitator on behalf of one or more marketplace sellers, exceed one hundred thousand dollars;
(b) The marketplace facilitator engages in on its own behalf, or facilitates on behalf of one or more marketplace sellers, two hundred or more separate transactions selling tangible personal property for storage, use, or consumption in this state or services the benefit of which is realized in this state.
(5) A seller that does not have substantial nexus with this state, and any affiliated person of the seller, before selling or leasing tangible personal property or services to a state agency, shall register with the tax commissioner in the same manner as a seller described in division (A)(1) of section 5741.17 of the Revised Code.
(6) As used in division (I) of this section:
(a) "Affiliated person" means any person that is a member of the same controlled group of corporations as the seller or any other person that, notwithstanding the form of organization, bears the same ownership relationship to the seller as a corporation that is a member of the same controlled group of corporations.
(b) "Controlled group of corporations" has the same meaning as in section 1563(a) of the Internal Revenue Code.
(c) "State agency" has the same meaning as in section 1.60 of the Revised Code.
(J) "Fiscal officer" means, with respect to a regional transit authority, the secretary-treasurer thereof, and with respect to a county which is a transit authority, the fiscal officer of the county transit board appointed pursuant to section 306.03 of the Revised Code or, if the board of county commissioners operates the county transit system, the county auditor.
(K) "Territory of the transit authority" means all of the area included within the territorial boundaries of a transit authority as they from time to time exist. Such territorial boundaries must at all times include all the area of a single county or all the area of the most populous county which is a part of such transit authority. County population shall be measured by the most recent census taken by the United States census bureau.
(L) "Transit authority" means a regional transit authority created pursuant to section 306.31 of the Revised Code or a county in which a county transit system is created pursuant to section 306.01 of the Revised Code. For the purposes of this chapter, a transit authority must extend to at least the entire area of a single county. A transit authority which includes territory in more than one county must include all the area of the most populous county which is a part of such transit authority. County population shall be measured by the most recent census taken by the United States census bureau.
(M) "Providing a service" has the same meaning as in section 5739.01 of the Revised Code.
(N) "Other consumption" includes receiving the benefits of a service.
(O) "Lease" or "rental" has the same meaning as in section 5739.01 of the Revised Code.
(P) "Certified service provider" has the same meaning as in section 5740.01 of the Revised Code.
(Q) "Marketplace facilitator" means a person that owns, operates, or controls a physical or electronic marketplace through which retail sales or delivery network services, or both, are facilitated on behalf of one or more marketplace sellers, or an affiliate of such a person. "Marketplace facilitator" does not include a person that provides advertising services, including tangible personal property or services listed for sale, if the advertising service platform or forum does not engage directly or indirectly through one or more affiliated persons in the activities described in division (T)(2) of this section.
(R) "Marketplace seller" means a person on behalf of which a marketplace facilitator facilitates the sale of tangible personal property for storage, use, or consumption in this state or services the benefit of which are realized in this state, regardless of whether or not the person has a substantial nexus with this state.
(S) "Electronic marketplace" includes digital distribution services, digital distribution platforms, online portals, application stores, computer software applications, in-app purchase mechanisms, or other digital products.
(T) A sale is "facilitated" by a marketplace facilitator on behalf of a marketplace seller if it satisfies divisions (T)(1), (2), and (3) of this section:
(1) The marketplace facilitator, directly or indirectly, does any of the following:
(a) Lists, makes available, or advertises the tangible personal property or services that are the subject of the sale in a physical or electronic marketplace owned, operated, or controlled by the marketplace facilitator;
(b) Transmits or otherwise communicates an offer or acceptance of the sale between the marketplace seller and the purchaser in a shop, store, booth, catalog, internet site, or other similar forum;
(c) Owns, rents, licenses, makes available, or operates any electronic or physical infrastructure or any property, process, method, copyright, trademark, or patent that connects the marketplace seller to the purchaser for the purpose of making sales;
(d) Provides the marketplace in which the sale was made or otherwise facilitates the sale regardless of ownership or control of the tangible personal property or services that are the subject of the sale;
(e) Provides software development or research and development services directly related to a physical or electronic marketplace that is involved in one or more of the activities described in division (T)(1) of this section;
(f) Provides fulfillment or storage services for the marketplace seller that are related to the tangible personal property or services that are the subject of the sale;
(g) Sets the price of the sale on behalf of the marketplace seller;
(h) Provides or offers customer service to the marketplace seller or the marketplace seller's customers, or accepts or assists with taking orders, returns, or exchanges of the tangible personal property or services that are the subject of the sale;
(i) Brands or otherwise identifies the sale as a sale of the marketplace facilitator.
(2) The marketplace facilitator, directly or indirectly, does any of the following:
(a) Collects the price of the tangible personal property or services sold to the consumer;
(b) Provides payment processing services for the sale;
(c) Collects payment in connection with the sale from the consumer through terms and conditions, agreements, or arrangements with a third party, and transmits that payment to the marketplace seller, regardless of whether the person collecting and transmitting such payment receives compensation or other consideration in exchange for the service;
(d) Provides virtual currency that consumers are allowed or required to use to purchase the tangible personal property or services that are the subject of the sale.
(3) The subject of the sale is tangible personal property or services other than lodging by a hotel that is or is to be furnished to transient guests.
(U) "Delivery network company," "delivery network services," and "local merchant" have the same meanings as in section 5739.01 of the Revised Code.
Sec. 5741.072. (A) If all of the following conditions are met, a delivery network company that facilitates delivery network services may request a waiver from the requirement in division (E) of section 5741.01 of the Revised Code that a marketplace facilitator be treated as the seller of goods sold by marketplace sellers through the marketplace facilitator:
(1) The delivery network company is current on all taxes, fees, and charges administered by the department of taxation that are not subject to a bona fide dispute.
(2) The delivery network company has not, within the twelve months preceding the request for waiver, requested that a previously granted waiver be canceled or had a previously granted waiver revoked by the commissioner.
(3) The delivery network company has not violated division (B) of section 5739.30 of the Revised Code.
A waiver granted under this section does not affect the delivery network company's status as the seller of its delivery network services.
(B) A delivery network company that requests a waiver pursuant to this section shall make the request to the tax commissioner on a form prescribed by the commissioner. A waiver that is not affirmatively granted or denied by the commissioner within thirty days of the date it was filed with the commissioner is automatically granted. A waiver that is granted by the commissioner or granted automatically is effective on and after the first day of the first month that begins at least thirty days after the commissioner grants the waiver or the waiver is automatically granted. The waiver is valid until the first day of the first month that begins at least sixty days after it is revoked by the commissioner or canceled by the delivery network company.
(C)(1) When a waiver is granted pursuant to division (B) of this section, the commissioner shall notify the delivery network company, which shall then notify each local merchant operating on the delivery network company's physical or electronic marketplace that the local merchant shall be considered a vendor pursuant to division (C) of section 5739.01 of the Revised Code or a seller pursuant to division (E) of section 5741.01 of the Revised Code, as applicable, with respect to the local products sold by the seller through the delivery network company's physical or electronic marketplace.
(2) A delivery network company that has been granted a waiver under this section may cancel the waiver by sending notice to the commissioner. The commissioner may revoke a waiver if the commissioner determines that any of the conditions described in divisions (A)(1) to (3) of this section are no longer met by the delivery network company. The commissioner shall notify the delivery network company upon revoking a waiver. A delivery network for which a waiver has been canceled or revoked shall promptly notify each local merchant operating on the delivery network company's physical or electronic marketplace that its waiver has been canceled or revoked.
(D) Notwithstanding section 5703.21 of the Revised Code, the commissioner may divulge information related to the status of a waiver granted to a delivery network company if requested by a local merchant operating on the delivery network company's physical or electronic marketplace.
(E) The commissioner may adopt any rules necessary to administer this section.
Sec. 5747.86. Terms used in this section have the same meanings as in section 122.84 of the Revised Code.
There is hereby allowed a nonrefundable credit against a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code for a taxpayer who is issued, or to whom is transferred, a tax credit certificate under section 122.84 of the Revised Code. The credit equals the amount stated on the certificate and may be claimed for the taxable year that includes the first day of the investment period that was the subject of the application for the certificate under that section or for the ensuing taxable year. If the certificate is held by a pass-through entity, any taxpayer that is a direct or indirect investor in the pass-through entity on the last day of the entity's qualifying taxable year may claim the taxpayer's proportionate or distributive share of the credit against the taxpayer's aggregate amount of tax levied under section 5747.02 of the Revised Code.
The credit shall be claimed in the order required under section 5747.98 of the Revised Code. If the credit exceeds the taxpayer's aggregate tax due under section 5747.02 of the Revised Code for that taxable year after allowing for credits that precede the credit under this section in that order, such excess shall be allowed as a credit in each of the ensuing five taxable years, but the amount of any excess credit allowed in any such taxable year shall be deducted from the balance carried forward to the ensuing taxable year.
No credit shall be claimed under this section to the extent the credit was claimed under section 5725.38, 5726.61, or 5729.21 of the Revised Code.
Sec. 5747.98. (A) To provide a uniform procedure for calculating a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled in the following order:
Either the retirement income credit under division (B) of section 5747.055 of the Revised Code or the lump sum retirement income credits under divisions (C), (D), and (E) of that section;
Either the senior citizen credit under division (F) of section 5747.055 of the Revised Code or the lump sum distribution credit under division (G) of that section;
The dependent care credit under section 5747.054 of the Revised Code;
The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;
The campaign contribution credit under section 5747.29 of the Revised Code;
The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;
The joint filing credit under division (G) of section 5747.05 of the Revised Code;
The earned income credit under section 5747.71 of the Revised Code;
The nonrefundable credit for education expenses under section 5747.72 of the Revised Code;
The nonrefundable credit for donations to scholarship granting organizations under section 5747.73 of the Revised Code;
The nonrefundable credit for tuition paid to a nonchartered nonpublic school under section 5747.75 of the Revised Code;
The nonrefundable vocational job credit under section 5747.057 of the Revised Code;
The nonrefundable job retention credit under division (B) of section 5747.058 of the Revised Code;
The enterprise zone credit under section 5709.66 of the Revised Code;
The credit for beginning farmers who participate in a financial management program under division (B) of section 5747.77 of the Revised Code;
The credit for commercial vehicle operator training expenses under section 5747.82 of the Revised Code;
The nonrefundable welcome home Ohio (WHO) program credit under section 122.633 of the Revised Code;
The credit for selling or renting agricultural assets to beginning farmers under division (A) of section 5747.77 of the Revised Code;
The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code;
The small business investment credit under section 5747.81 of the Revised Code;
The nonrefundable lead abatement credit under section 5747.26 of the Revised Code;
The
opportunity zone investment credit under section 122.84
5747.86 of the
Revised Code;
The enterprise zone credits under section 5709.65 of the Revised Code;
The research and development credit under section 5747.331 of the Revised Code;
The credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
The nonrefundable Ohio low-income housing tax credit under section 5747.83 of the Revised Code;
The nonrefundable affordable single-family home credit under section 5747.84 of the Revised Code;
The nonresident credit under division (A) of section 5747.05 of the Revised Code;
The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code;
The refundable motion picture and broadway theatrical production credit under section 5747.66 of the Revised Code;
The refundable credit for film and theater capital improvement projects under section 5747.67 of the Revised Code;
The refundable jobs creation credit or job retention credit under division (A) of section 5747.058 of the Revised Code;
The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code;
The refundable credits for taxes paid by a qualifying pass-through entity granted under division (I) of section 5747.08 of the Revised Code;
The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code;
The refundable credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
The refundable credit under section 5747.39 of the Revised Code for taxes levied under section 5747.38 of the Revised Code paid by an electing pass-through entity.
(B) For any credit, except the refundable credits enumerated in this section and the credit granted under division (H) of section 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the taxpayer's aggregate amount of tax due under section 5747.02 of the Revised Code, after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5751.033. For the purposes of this chapter, gross receipts shall be sitused to this state as follows:
(A) Gross rents and royalties from real property located in this state shall be sitused to this state.
(B) Gross rents and royalties from tangible personal property shall be sitused to this state to the extent the tangible personal property is located or used in this state.
(C) Gross receipts from the sale of electricity and electric transmission and distribution services shall be sitused to this state in the manner provided under section 5733.059 of the Revised Code.
(D) Gross receipts from the sale of real property located in this state shall be sitused to this state.
(E)
Gross Except
as otherwise provided in division (M) of this section, gross receipts
from the sale of tangible personal property shall be sitused to this
state if the property is received in this state by the purchaser. In
the case of delivery of tangible personal property by motor carrier
or by other means of transportation, the place at which such property
is ultimately received after all transportation has been completed
shall be considered the place where the purchaser receives the
property. For purposes of this section, the phrase "delivery of
tangible personal property by motor carrier or by other means of
transportation" includes the situation in which a purchaser
accepts the property in this state and then transports the property
directly or by other means to a location outside this state. Direct
delivery in this state, other than for purposes of transportation, to
a person or firm designated by a purchaser constitutes delivery to
the purchaser in this state, and direct delivery outside this state
to a person or firm designated by a purchaser does not constitute
delivery to the purchaser in this state, regardless of where title
passes or other conditions of sale.
(F) Gross receipts from the sale, exchange, disposition, or other grant of the right to use trademarks, trade names, patents, copyrights, and similar intellectual property shall be sitused to this state to the extent that the receipts are based on the amount of use of the property in this state. If the receipts are not based on the amount of use of the property, but rather on the right to use the property, and the payor has the right to use the property in this state, then the receipts from the sale, exchange, disposition, or other grant of the right to use such property shall be sitused to this state to the extent the receipts are based on the right to use the property in this state.
(G) Gross receipts from the sale of transportation services by a motor carrier shall be sitused to this state in proportion to the mileage traveled by the carrier during the tax period on roadways, waterways, airways, and railways in this state to the mileage traveled by the carrier during the tax period on roadways, waterways, airways, and railways everywhere. With prior written approval of the tax commissioner, a motor carrier may use an alternative situsing procedure for transportation services.
(H) Gross receipts from dividends, interest, and other sources of income from financial instruments described in divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of section 5733.056 of the Revised Code shall be sitused to this state in accordance with the situsing provisions set forth in those divisions. When applying the provisions of divisions (F)(6), (8), and (13) of section 5733.056 of the Revised Code, "gross receipts" shall be substituted for "net gains" wherever "net gains" appears in those divisions. Nothing in this division limits or modifies the exclusions enumerated in divisions (E) and (F)(2) of section 5751.01 of the Revised Code. The tax commissioner may promulgate rules to further specify the manner in which to situs gross receipts subject to this division.
(I) Gross receipts from the sale of all other services, and all other gross receipts not otherwise sitused under this section, shall be sitused to this state in the proportion that the purchaser's benefit in this state with respect to what was purchased bears to the purchaser's benefit everywhere with respect to what was purchased. The physical location where the purchaser ultimately uses or receives the benefit of what was purchased shall be paramount in determining the proportion of the benefit in this state to the benefit everywhere. If a taxpayer's records do not allow the taxpayer to determine that location, the taxpayer may use an alternative method to situs gross receipts under this division if the alternative method is reasonable, is consistently and uniformly applied, and is supported by the taxpayer's records as the records exist when the service is provided or within a reasonable period of time thereafter.
(J) If the situsing provisions of divisions (A) to (H) of this section do not fairly represent the extent of a person's activity in this state, the person may request, or the tax commissioner may require or permit, an alternative method. Such request by a person must be made within the applicable statute of limitations set forth in this chapter.
(K) The tax commissioner may adopt rules to provide additional guidance to the application of this section, and provide alternative methods of situsing gross receipts that apply to all persons, or subset of persons, that are engaged in similar business or trade activities.
(L) As used in this section, "motor carrier" has the same meaning as in section 4923.01 of the Revised Code.
(M) Gross receipts from the sale or lease of a motor vehicle, as defined in section 4517.01 of the Revised Code, by a motor vehicle dealer licensed under Chapter 4517. of the Revised Code or the law of another state, shall only be sitused to this state if the motor vehicle is issued a certificate of title evidencing the owner's or lessee's address in this state."
In line 6494, after "7.16" insert ", 109.57, 109.572, 109.71, 111.16, 121.22"; after "122.6511" insert ", 122.66, 122.70, 122.84"
In line 6495, after "125.182" insert ", 147.01, 147.011, 147.03, 147.032, 147.051, 147.07, 147.08, 147.141, 147.371, 147.51, 147.52, 147.53, 147.542, 147.591, 147.60, 147.99"; after "149.43" insert ", 315.251, 319.203"; after "319.28" insert ", 323.78, 325.14"
In line 6502, after "701.07" insert ", 727.011"; after "971.99" insert ", 1706.712, 1901.31, 2303.12, 2303.26, 2329.01, 2329.44, 2921.42, 3345.56, 3376.01, 3376.02, 3376.03, 3376.04, 3376.06, 3376.07, 3376.08"
In line 6503, delete "4112.01" and insert "4501.21"; after "4504.181" insert ", 4507.50, 4507.51, 4507.52, 4582.30, 4735.181"; after "4913.17" insert ", 4928.01, 4939.07, 5103.0310, 5103.0329, 5103.05, 5120.59, 5139.511"
In line 6504, after "5579.05" insert ", 5709.73, 5713.30, 5713.31, 5713.34, 5721.20, 5725.98, 5726.98, 5729.98, 5739.01, 5739.02, 5739.03, 5741.01, 5747.98, 5751.033"
In line 6506, after "sections" insert "147.13, 147.14, 147.54, 147.541,"; delete "and"; after "511.02" insert ", and 3376.05"
After line 6516, insert:
"Section 6.
|
1 |
2 |
3 |
4 |
5 |
A |
DEV DEPARTMENT OF DEVELOPMENT |
||||
B |
General Revenue Fund |
||||
C |
GRF |
195420 |
Housing Technical Assistance |
$0 |
$1,500,000 |
D |
TOTAL GRF General Revenue Fund |
$0 |
$1,500,000 |
||
E |
TOTAL ALL BUDGET FUND GROUPS |
$0 |
$1,500,000 |
HOUSING TECHNICAL ASSISTANCE
The foregoing appropriation item 195420, Housing Technical Assistance, shall be used to offer grants to political subdivisions, as defined by section 9.482 of the Revised Code, seeking to modernize regulations and processes tied to zoning efforts."
In line 6517, delete "6" and insert "7"
In line 6519, delete "7" and insert "8"
In line 6527, delete "8" and insert "9"
In line 6568, delete "9" and insert "10"
In line 6570, delete "10" and insert "11"
In line 6575, delete "11" and insert "12"
After line 6582, insert:
"Section 147.01 of the Revised Code as amended by both H.B. 567 and S.B. 131 of the 134th General Assembly.
Section 121.22 of the Revised Code as amended by both H.B. 45 and H.B. 254 of the 134th General Assembly.
Section 315.251 of the Revised Code as amended by both S.B. 262 and S.B. 287 of the 121st General Assembly.
Section 1901.31 of the Revised Code as amended by both H.B. 33 and S.B. 21 of the 135th General Assembly."
After line 6587, insert:
"Section 13. The amendment by this act of sections 5713.30, 5713.31, and 5713.34 of the Revised Code applies to tax year 2023 and each tax year thereafter.
Notwithstanding section 5713.31 of the Revised Code, all of the following apply:
(A) A property owner whose land was not valued for real property tax purposes at its current value for agricultural use for tax year 2023 or 2024 may apply to the county auditor to have the land so valued for either or both tax years in accordance with the amendments by this act of sections 5713.30, 5713.31, and 5731.34 of the Revised Code. The owner shall submit the application within sixty days after the effective date of this section.
(B) The county auditor shall approve or deny that application within thirty days after receiving it. If the application is approved, the auditor shall refund to the taxpayer any taxes overpaid with respect to such land for those tax years, in the same manner as refunds of overpayments described in section 5715.22 of the Revised Code. If the auditor levied a charge related to the conversion of such land for those tax years under section 5713.34 and 5713.35 of the Revised Code, the auditor shall remove the charge from the tax list and refund to the taxpayer any charge paid in that manner.
(C) If a person believes that an application submitted under this section has been improperly denied or that the auditor refunded less than that to which the person is entitled, the person may file an appeal with the county board of revision not later than thirty days after the date the county auditor approves or denies that application.
Section 14. The enactment by this act of section 3902.64 of the Revised Code shall be known as Madeline's Law.
Section 15. The amendment by this act of sections 5739.02 and 5739.03 of the Revised Code applies to the first day of the first month beginning after the effective date of this section.
Section 16. (A) The Study Committee to Evaluate the Placement of Delinquent Children in Residential Facilities is created. The Committee shall do all of the following regarding children who are alleged to be or have been adjudicated delinquent and are in the custody of a public children services agency or private child placing agency:
(1) Evaluate the placement of such children in residential facilities;
(2) Evaluate the existing system, resources, and services used to support such children;
(3) Identify gaps in the availability of appropriate residential facilities, resources, and services to serve such children;
(4) Make recommendations for changes to meet the needs of such children;
(5) Not later than nine months after the appointment of all members of the committee pursuant to division (B) of this section, issue a report of its findings and recommendations to the Governor and the General Assembly.
(B) The committee shall consist of the following members:
(1) The Director of the Department of Children and Youth or the Director's designee;
(2) The Director of the Department of Youth Services or the Director's designee;
(3) The Director of the Department of Mental Health and Addiction Services or the Director's designee;
(4) A public defender from the Office of the Public Defender appointed by the State Public Defender;
(5) Two directors of public children services agencies, one appointed by the Speaker of the House of Representatives and one appointed by the President of the Senate;
(6) Two juvenile court judges, one appointed by the Speaker of the House of Representatives and one appointed by the President of the Senate;
(7) A county commissioner appointed by the President of the Senate;
(8) A city council or township trustee member appointed by the Speaker of the House of Representatives;
(9) A representative of a residential facility serving six or fewer children who are alleged to be or have been adjudicated delinquent children appointed by the Speaker of the House of Representatives;
(10) A representative of a residential facility serving more than six children who are alleged to be or have been adjudicated delinquent children appointed by the President of the Senate;
(11) A representative of the Overcoming Hurdles in Ohio Youth Advisory Board appointed by the Speaker of the House of Representatives;
(12) A county sheriff or chief of police appointed by the President of the Senate;
(13) Three members of the Senate, with not more than two members from the same political party, appointed by the President of the Senate;
(14) Three members of the House of Representatives, with not more than two from the same political party, appointed by the Speaker of the House of Representatives.
(C) The President of the Senate and the Speaker of the House of Representatives shall each appoint one of the members of the Senate and one of the members of the House of Representatives serving on the committee, respectively, to serve as the committee's co-chairpersons.
(D) Appointments shall be made not later than thirty days after the effective date of this section. Any vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Members shall serve without compensation.
(E) When it submits the report described in division (A)(5) of this section, the Committee ceases to exist.
(F) As used in this section, "residential facility" has the same meaning as in section 2151.46 of the Revised Code.
Section 17. The Director of Children and Youth shall seek a federal waiver to authorize the conditional appointment or employment of a person in a residential facility while a criminal records check regarding the person is pending in accordance with section 5103.053 of the Revised Code.
Section 18. The amendment or enactment by this act of sections 122.84, 5725.38, 5726.61, 5729.21, and 5747.86 of the Revised Code applies to tax credit applications submitted under division (B) of section 122.84 of the Revised Code on or after the ninetieth day after the effective date of this section.
Section 19. Division (A) of section 325.14 of the Revised Code, as amended by this act, applies to a county engineer whose term of office begins on or after the effective date of this section. Pursuant to Section 20 of Article II, Ohio Constitution, a county engineer shall continue to receive compensation in accordance with the law in effect before the effective date of this section for the remainder of a term of office that began before the effective date of this section.
Section 20. For eighteen months after the effective date of this section:
(A) Notwithstanding the requirements of sections 4507.50, 4507.51, 4507.52, 5120.59, and 5139.511 of the Revised Code, as amended by this act, the Department of Rehabilitation and Correction and the Department of Youth Services shall do both of the following:
(1) Continue to issue an identification card to a prisoner or youth, as applicable;
(2) Issue those identification cards in the same manner as the departments issued identification cards prior to the effective date of this section.
(B) For purposes of the Registrar of Motor Vehicles or a deputy registrar verifying an applicant's age and identity prior to issuing an identification card under section 4507.51 of the Revised Code, an identification card issued by the Department of Rehabilitation and Correction or the Department of Youth Services under division (A) of this section shall be sufficient documentary evidence upon verification of an applicant's social security number by the Registrar or a deputy registrar. Upon issuing an identification card under section 4507.51 of the Revised Code to a person who has been issued an identification card under division (A) of this section, the Registrar or deputy registrar shall destroy the identification card issued under division (A) of this section.
Section 21. Sections 4735.80 and 4735.181 of the Revised Code as amended or enacted by this act shall be known as the Homebuyer Protection Act.
Section 22. The amendment by this act of section 5751.033 of the Revised Code applies to tax periods beginning before, on, or after the effective date of this section."
Managers on the Part of the Managers on the Part of the
House of Representatives Senate
/s/ D. J. Swearingen /s/ Rob McColley
D. J. Swearingen Rob McColley
/s/ Bill Seitz /s/ Nathan H. Manning
Bill Seitz Nathan H. Manning
/s/ Bride Rose Sweeney /s/ Nickie J. Antonio
Bride Rose Sweeney Nickie J. Antonio
The question being, "Shall the report of the committee of conference be agreed to?"
The yeas and nays were taken and resulted – yeas 76, nays 7, as follows:
Those
who voted in the affirmative were:
Representatives
Abrams Baker Barhorst Bird
Blackshear Brennan Brewer Callender
Claggett Click Creech Cross
Daniels Dell'Aquila Demetriou Dobos
Edwards Forhan Fowler
Arthur Ghanbari
Grim Gross Hall Hillyer
Holmes Hoops Humphrey Isaacsohn
Jarrells John Jones Kick
King Klopfenstein LaRe Lear
Lipps Liston Lorenz Manchester
Manning Mathews McClain McNally
Miller,
A. Miller, J. Miller, K. Miller,
M.
Oelslager Pavliga Peterson Piccolantonio
Pizzulli Plummer Richardson Robb
Blasdel
Robinson Roemer Rogers Russo
Schmidt Seitz Sims Stein
Stewart Swearingen Sweeney Thomas,
C.
Thomas,
J. Troy Upchurch Weinstein
White Whitted Williams Stephens-76
Representatives Abdullahi, Brent, Dean, Ferguson, Merrin, Powell, and Skindell voted in the negative-7.
The report of the committee of conference was agreed to.
Motions and Resolutions
Representative Hoops moved that majority party members asking leave to be absent or absent the week of Wednesday, December 18, 2024, be excused, so long as a written request is on file in the majority leadership offices.
The motion was agreed to.
Representative Isaacsohn moved that minority party members asking leave to be absent or absent the week of Wednesday, December 18, 2024, be excused, so long as a written request is on file in the minority leadership offices.
The motion was agreed to.
December 19, 2024
Ohio House of Representatives
Attn: House Clerk, Brad Young
77 S High St # 12
Columbus, OH 43215
Re: Protest Regarding Sub. H.B. 74, Pursuant to Article II Section 10
The Minority Caucus of the Ohio House of Representatives protests and objects to the consideration of Substitute House Bill 74 (“Sub. H.B. 74”) in the December 18, 2024 House Session during the period colloquially known as “lame duck.” Pursuant to Article II, Section 10 of the Ohio Constitution, we request that this objection and protest be published in the House Journal.
House Bill 74, as passed by the House on October 11, 2023, was a strong bipartisan bill with a vote of 80-0. It was jointly sponsored and crafted by Representative Hall of the majority caucus and Representative Lightbody of the minority caucus. Last week the Senate introduced a substitute bill to remove almost all these provisions and replace them with a bill fundamentally unrelated to its purpose. There was no consultation with any House minority members despite the origin of the bill.
House minority caucus members quickly realized the bill was contrary to the values of caucus members and could not be supported. In the 14 months since initially adopted by the House, the joint sponsor Representative Mary Lightbody and two co-sponsors, Representative Tavia Galonski and Representative Jessica Miranda had resigned from the House. Minority leadership informed them of the new state of the bill.
On December 18, 2024, Representative Lightbody emailed the Clerk, the Speaker, and the Minority Leader requesting to be removed as a listed joint sponsor of the bill. Representatives Miranda and Galonski emailed the Clerk, the Speaker, and the Minority Leader requesting to be removed as listed cosponsors of the bill. Their requests were discussed with House leadership, but the House would not permit their names to be removed. The House concurred in Sub. H.B. 74 with no votes to concur from the minority caucus. Every current member of the minority caucus who had cosponsored the House passed version removed their names from the bill as permitted by House rule 94(b).
Joint sponsorship of a bill records a member as an author and lead supporter. Co-sponsorship shows strong support for the measure. When the House refuses to accept the written request of former members to remove their names the public is misled, and the record distorted, and the individuals’ freedom of expression in the issue is destroyed. This quickly became clear when the bill was referred to as bipartisan on the floor despite no member of the minority caucus voting to advance this iteration on the floor of the House or Senate. The House owes it to its members and the public to avoid this type of misrepresentation and it failed in that duty today.
Respectfully submitted,
Minority Caucus of the Ohio House of Representatives, 135th General Assembly
On motion of Representative Oelslager, the House adjourned until Monday, December 23, 2024 at 9:00 o'clock a.m.
Attest: BRADLEY J. YOUNG,
Clerk.