As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 10

Representative Hagan, C. 

Cosponsors: Representatives Hackett, Anielski, Boose, Brenner, Burkley, Damschroder, DeVitis, Duffey, Huffman, Maag, Perales, Pillich, Retherford, Ruhl, Terhar, Thompson, Young 

Senators LaRose, Schaffer, Balderson, Coley, Eklund, Hughes, Jones, Obhof, Oelslager, Peterson, Sawyer, Skindell, Widener 

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A BILL

To amend sections 3.16, 101.35, 103.0511, 106.02,

1

106.022, 106.023, 106.031, 106.05, 119.03, 121.83,

2

135.02, 305.03, 319.04, 319.26, 321.37, 321.46,

3

507.02, 2921.13, 2921.44, 3314.023, 5101.09, and

4

5713.012; to enact sections 117.45, 507.12,

5

507.13, 733.78, 733.81, 3313.30, 3314.50,

6

3326.211, 3328.16, and 3328.37; and to repeal

7

sections 319.25 and 321.38 of the Revised Code; to

8

amend Section 267.50.70 of Am. Sub. H.B. 153 of

9

the 129th General Assembly; and to amend Section

10

267.50.70 of Am. Sub. H.B. 153 of the 129th

11

General Assembly for the purpose of codifying it

12

as section 3314.51 of the Revised Code to

13

establish initial education programs and

14

continuing education requirements for the fiscal

15

officers of townships and municipal corporations,

16

to establish procedures for removing those

17

officers, county treasurers, and county auditors

18

from office, to create fiscal accountability

19

requirements for counties, townships, municipal

20

corporations, and public schools, to revise the

21

procedure for appointing an interim replacement

22

official to perform the duties of a suspended

23

elected county official, to authorize the board of

24

county commissioners to appoint an acting officer

25

to perform such suspended official's duties before

26

an interim replacement official is appointed to

27

reduce the required number of Board of Deposit

28

meetings, to provide procedures to request

29

additional meetings, and to require web site

30

postings of specified Board of Deposit notices, to

31

modify the continuing education requirements for

32

qualified mass appraisal project managers, and to

33

correct provisions recently enacted by S.B. 3 of

34

the 130th General Assembly.

35

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

Section 1.  That sections 3.16, 101.35, 103.0511, 106.02,	36
106.022, 106.023, 106.031, 106.05, 119.03, 121.83, 135.02, 305.03,	37
319.04, 319.26, 321.37, 321.46, 507.02, 2921.13, 2921.44,	38
3314.023, 5101.09, and 5713.012 be amended; sections 117.45,	39
507.12, 507.13, 733.78, 733.81, 3313.30, 3314.50, 3326.211,	40
3328.16, and 3328.37 of the Revised Code be enacted; and Section	41
267.50.70 of Am. Sub. H.B. 153 of the 129th General Assembly be	42
amended and codified as section 3314.51 of the Revised Code to	43
read as follows:	44

Sec. 3.16. (A) As used in this section:

45

(1) "Prosecuting attorney" means the prosecuting attorney of	46
the county in which a public official who is charged as described	47
in division (B) of this section serves.	48

(2) "Public official" means any elected officer of a	49
political subdivision as defined in section 2744.01 of the Revised	50
Code. "Public official" does not include a judge of a court of	51
record.	52

(B)(1) If a public official is charged with a felony in a	53
state or federal court and if the attorney general, if the	54
attorney general is prosecuting the case, or prosecuting attorney	55
with responsibility to prosecute the case determines that the	56
felony relates to the public official's administration of, or	57
conduct in the performance of the duties of, the office of the	58
public official, the attorney general, if the attorney general is	59
prosecuting the case, or prosecuting attorney with responsibility	60
to prosecute the case shall transmit a copy of the charging	61
document to the chief justice of the supreme court with a request	62
that the chief justice proceed as provided in division (C) of this	63
section. If the attorney general or the prosecuting attorney	64
transmits a copy of the charging document to the chief justice, a	65
copy also shall be sent to the attorney general if the prosecuting	66
attorney transmits the copy to the chief justice or to the	67
prosecuting attorney of the county in which the public official	68
holds office if the attorney general transmits the copy to the	69
chief justice.	70

(2) Upon transmitting a copy of a charging document and a	71
request to the chief justice of the supreme court under division	72
(B)(1)(a) or (b) of this section, the attorney general or	73
prosecuting attorney shall provide the public official with a	74
written notice that, not later than fourteen days after the date	75
of the notice, the public official may file with the attorney	76
general or prosecuting attorney, whichever sent the notice, a	77
written statement either voluntarily authorizing the attorney	78
general or prosecuting attorney to prepare a judgment entry for	79
the judge presiding in the case to provisionally suspend the	80
public official from office or setting forth the reasons why the	81
public official should not be suspended from office.	82

If the public official voluntarily authorizes the attorney	83
general or prosecuting attorney to prepare a judgment entry for	84
the judge presiding in the case to provisionally suspend the	85
public official from office as described in this division, the	86
attorney general or prosecuting attorney shall prepare a judgment	87
entry for the judge presiding in the case to provisionally suspend	88
the public official from office immediately upon receipt of the	89
judgment entry and shall notify the chief justice of the supreme	90
court of the provisional suspension. Upon receipt of the judgment	91
entry, the judge presiding in the case shall sign the judgment	92
entry and file the signed judgment entry in the case. The signing	93
and filing of the judgment entry provisionally suspends the public	94
official from office. The attorney general's or prosecuting	95
attorney's request to the chief justice that was made under	96
division (B)(1) of this section remains applicable regarding the	97
public official, and the chief justice shall establish a special	98
commission pursuant to division (C)(1) of this section. A	99
provisional suspension imposed under this division shall remain in	100
effect until the special commission established by the chief	101
justice enters its judgment under division (C)(3) of this section.	102
After the special commission so enters its judgment, divisions	103
(C)(3) and (4) of this section shall govern the continuation of	104
the suspension. Division (E) of this section applies to a	105
provisional suspension imposed under this division.	106

If the public official files a written statement setting	107
forth the reasons why the public official should not be suspended	108
from office, the public official shall not be provisionally	109
suspended from office, and the attorney general or prosecuting	110
attorney, whichever sent the notice to the public official, shall	111
transmit a copy of the public official's written statement to the	112
chief justice of the supreme court. The attorney general's or	113
prosecuting attorney's request to the chief justice that was made	114
under division (B)(1) of this section remains applicable regarding	115
the public official, and the chief justice shall establish a	116
special commission pursuant to division (C)(1) of this section.	117

(C)(1) Not sooner than fourteen days after the chief	118
justice's receipt of the attorney general's or prosecuting	119
attorney's request under division (B)(1) of this section, the	120
chief justice shall establish a special commission composed of	121
three retired justices or judges of a court of record. A special	122
commission established under this division is an administrative	123
agency. The chief justice shall appoint the members of the special	124
commission and shall provide to the special commission all	125
documents and materials pertaining to the matter that were	126
received from the attorney general or prosecuting attorney under	127
division (B)(1) or (2) of this section. At least one member of the	128
special commission shall be of the same political party as the	129
public official. Members of the special commission shall receive	130
compensation for their services, and shall be reimbursed for any	131
expenses incurred in connection with special commission functions,	132
from funds appropriated to the attorney general's office.	133

(2) Once established under division (C)(1) of this section, a	134
special commission shall review the document that charges the	135
public official with the felony, all other documents and materials	136
pertaining to the matter that were provided by the chief justice	137
under division (C)(1) of this section, and the facts and	138
circumstances related to the offense charged. Within fourteen days	139
after it is established, the special commission shall make a	140
preliminary determination as to whether the public official's	141
administration of, or conduct in the performance of the duties of,	142
the official's office, as covered by the charges, adversely	143
affects the functioning of that office or adversely affects the	144
rights and interests of the public and, as a result, whether the	145
public official should be suspended from office. Upon making the	146
preliminary determination, the special commission immediately	147
shall provide the public official with notice of the preliminary	148
determination. The notice may be in writing, by telephone, or in	149
another manner. If the preliminary determination is that the	150
public official's administration of, or conduct in the performance	151
of the duties of, the official's office, as covered by the	152
charges, does not adversely affect the functioning of the office	153
or does not adversely affect the rights and interests of the	154
public, the preliminary determination automatically shall become	155
the special commission's final determination for purposes of	156
division (C)(3) of this section. If the preliminary determination	157
is that the public official's administration of, or conduct in the	158
performance of the duties of, the official's office, as covered by	159
the charges, adversely affects the functioning of the office or	160
adversely affects the rights and interests of the public and that	161
the public official should be suspended from office, the notice	162
shall inform the public official that the public official may	163
contest the preliminary determination by filing with the special	164
commission and, within fourteen days after the date of the notice	165
to the public official, a notice contesting the determination.	166

If the public official files a notice contesting the	167
preliminary determination within fourteen days after the date of	168
the notice to the public official, the public official may review	169
the reasons and evidence for the determination and may appear at a	170
meeting of the special commission to contest the determination and	171
present the public official's position on the matter. The meeting	172
of the special commission shall be held not later than fourteen	173
days after the public official files the notice contesting the	174
preliminary determination. The public official has a right to be	175
accompanied by an attorney while appearing before the special	176
commission, but the attorney is not entitled to act as counsel or	177
advocate for the public official before the special commission or	178
to present evidence or examine or cross-examine witnesses before	179
the special commission. At the conclusion of the meeting, the	180
special commission shall make a final determination as to whether	181
the public official's administration of, or conduct in the	182
performance of the duties of, the official's office, as covered by	183
the charges, adversely affects the functioning of the office or	184
adversely affects the rights and interests of the public and, as a	185
result, whether the public official should be suspended from	186
office, and shall proceed in accordance with division (C)(3) of	187
this section.	188

If the public official does not file a notice contesting the	189
determinations within fourteen days after the date of the notice	190
to the public official, the special commission's preliminary	191
determination automatically shall become its final determination	192
for purposes of division (C)(3) of this section.	193

Notwithstanding anything to the contrary in section l2l.22 of	194
the Revised Code, all meetings of the special commission shall be	195
closed to the public. Notwithstanding anything to the contrary in	196
section 149.43 of the Revised Code, the records of the special	197
commission shall not be made available to the public for	198
inspection or copying until the special commission issues its	199
written report under this division.	200

(3) Upon making the final determination described in division	201
(C)(2) of this section regarding a public official who is charged	202
with a felony, including, if applicable, conducting a meeting	203
pursuant to that division for the public official to contest the	204
preliminary determination, the special commission shall issue a	205
written report that sets forth its findings and final	206
determination. The special commission shall send the report by	207
certified mail to the public official, the attorney general if the	208
attorney general is prosecuting the case or the prosecuting	209
attorney with responsibility to prosecute the case, whichever is	210
applicable, and any other person that the special commission	211
determines to be appropriate. Upon the issuance of the report, one	212
of the following applies:	213

(a) If the special commission in its final determination does	214
not determine that the public official's administration of, or	215
conduct in the performance of the duties of, the official's	216
office, as covered by the charges, adversely affects the	217
functioning of that office or adversely affects the rights and	218
interests of the public, the special commission shall include in	219
the report a statement to that effect, and the public official	220
shall not be suspended from office. If the public official was	221
provisionally suspended from office under division (B)(2) of this	222
section, the provisional suspension shall terminate immediately	223
upon the issuance of the report.	224

(b) If the special commission in its final determination	225
determines that the public official's administration of, or	226
conduct in the performance of the duties of, the official's	227
office, as covered by the charges, adversely affects the	228
functioning of that office or adversely affects the rights and	229
interests of the public, the special commission shall include in	230
the report a holding that the public official be suspended from	231
office. The holding that the public official be suspended from	232
office and the suspension take effect immediately upon the special	233
commission's issuance of the report. If the public official was	234
provisionally suspended from office under division (B)(2) of this	235
section, the holding that the public official be suspended from	236
office shall continue the suspension immediately upon the special	237
commission's issuance of the report. The report and holding shall	238
have the same force and effect as a judgment of a court of record.	239

(4) A suspension imposed or continued under division (C)(3)	240
of this section shall continue until one of the following occurs:	241

(a) The public official is reinstated to office by an appeal	242
as provided in division (D) of this section;	243

(b) All charges are disposed of by dismissal or by a finding	244
or findings of not guilty;	245

(c) A successor is elected and qualified to serve the next	246
succeeding term of the public official's office.	247

(D) If a special commission issues a written report and	248
holding pursuant to division (C)(3)(b) of this section that	249
suspends a public official from office or that continues a	250
provisional suspension imposed under division (B)(2) of this	251
section, the public official may appeal the report and holding to	252
the supreme court. The public official shall take the appeal by	253
filing within thirty days of the date on which the report is	254
issued a notice of appeal with the supreme court and the special	255
commission. Unless waived, notice of the appeal shall be served	256
upon all persons to whom the report was sent under division (C)(3)	257
of this section. The special commission, upon written demand filed	258
by the public official, shall file with the supreme court, within	259
thirty days after the filing of the demand, a certified transcript	260
of the proceedings of the special commission pertaining to the	261
report and the evidence considered by the special commission in	262
making its decision.	263

The supreme court shall consider an appeal under this	264
division on an expedited basis. If the public official appeals the	265
report and holding, the appeal itself does not stay the operation	266
of the suspension imposed or continued under the report and	267
holding. If, upon hearing and consideration of the record and	268
evidence, the supreme court decides that the determinations and	269
findings of the special commission are reasonable and lawful, the	270
court shall affirm the special commission's report and holding,	271
and the suspension, and shall enter final judgment in accordance	272
with its decision. If the public official subsequently pleads	273
guilty to or is found guilty of any felony with which the public	274
official was charged, the public official is liable for any amount	275
of compensation paid to the official during the suspension, with	276
the liability relating back to the date of the original suspension	277
under the special commission's report and holding, and the amount	278
of that liability may be recovered as provided in division (E)(G)	279
of this section. If, upon hearing and consideration of the record	280
and evidence, the supreme court decides that the determinations	281
and findings of the special commission are unreasonable or	282
unlawful, the court shall reverse and vacate the special	283
commission's report and holding, and the suspension, reinstate the	284
public official, and enter final judgment in accordance with its	285
decision.	286

The clerk of the supreme court shall certify the judgment of	287
the court to the special commission. Upon receipt of the judgment,	288
the special commission shall certify the judgment to all persons	289
to whom the special commission's report was certified under	290
division (C)(3) of this section and shall certify the judgment to	291
all other public officials or take any other action in connection	292
with the judgment as is required to give effect to it.	293

(E)(1) Any public official suspended from office under this	294
section shall not exercise any of the rights, powers, or	295
responsibilities of the holder of that office during the period of	296
the suspension. The suspended public official, however, shall	297
retain the title of the holder of that office during the period of	298
the suspension and continue to receive the compensation that the	299
official is entitled to receive for holding that office during the	300
period of the suspension, until the public official pleads guilty	301
to or is found guilty of any felony with which the public official	302
is charged, or until one of the conditions in division (C)(4)(a),	303
(b), or (c) of this section occurs. For	304

(2) If the public official suspended under this section is an	305
elected county official, the board of county commissioners may	306
appoint a person in the official's office as the acting officer to	307
perform the suspended public official's duties between the date of	308
the signing and filing of the judgment entry suspending the	309
elected county official and the time at which the interim	310
replacement official appointed under division (E)(3)(a) or (b) of	311
this section qualifies and takes the office.	312

(3)(a) Except as provided in division (E)(3)(b) of this	313
section, for the duration of the public official's suspension, an	314
interim replacement official shall be appointed by the county	315
central committee of the political party that nominated the	316
suspended public official if the suspended public official is an	317
elected county official, orto perform the suspended public	318
official's duties. Not less than five nor more than forty-five	319
days after the suspension of a public official that is an elected	320
county official, the county central committee shall meet to	321
appoint the interim replacement official. Not less than four days	322
before the date of the meeting, the chairperson or secretary of	323
the county central committee shall send by first class mail to	324
each member of the committee a written notice that states the time	325
and place of the meeting and the purpose thereof. The approval of	326
a majority of the members of the county central committee present	327
at the meeting is required to appoint the interim replacement	328
official.	329

(b) If the suspended public official is an elected county	330
official, except for a county commissioner, who was elected as an	331
independent candidate, the board of county commissioners shall	332
appoint the interim replacement official. If the suspended public	333
official is a county commissioner who was elected as an	334
independent candidate, the prosecuting attorney and the remaining	335
county commissioners, by majority vote, shall appoint the interim	336
replacement official.	337

(4) For the duration of the public official's suspension, an	338
interim replacement official shall be appointed by the probate	339
judge of the court of common pleas if the suspended public	340
official is an elected official of a municipal corporation,	341
township, school district, or other political subdivision, to	342
perform the suspended public official's duties. The	343

(5) An acting officer appointed under division (E)(2) of this	344
section or an interim replacement official appointed under	345
division (E)(3) or (4) of this section shall be certified to the	346
county board of elections and the secretary of state by the county	347
central committee, probate judge of the court of common pleas, or	348
board of county commissioners that made the appointment. The	349
acting officer or interim replacement official so certified shall	350
have all of the rights, powers, and responsibilities of, and shall	351
be entitled to the same rate of pay as, the suspended public	352
official. The acting officer or interim replacement official shall	353
give bond and take the oath of office. If the office of the	354
suspended public official becomes vacant during the period of	355
suspension, a public official shall be appointed or elected to	356
fill such vacancy as provided by law. If a regular election is to	357
occur during the period of suspension, a public official shall be	358
elected as provided by law.	359

A(F) A person appointed as an acting or interim replacement	360
prosecuting attorney shall meet the qualifications to hold the	361
office of a prosecuting attorney under section 309.02 of the	362
Revised Code. A person appointed as an acting or interim	363
replacement sheriff shall meet the requirements to hold the office	364
of sheriff prescribed by section 311.01 of the Revised Code. A	365
person appointed as an acting or interim replacement coroner shall	366
meet the requirements to hold the office of coroner prescribed by	367
section 313.02 of the Revised Code. And a person appointed as an	368
acting or interim replacement county engineer shall meet the	369
requirements to hold the office of county engineer prescribed by	370
section 315.02 of the Revised Code.	371

(G) A political subdivision may file a civil action in the	372
appropriate court to recover from any former public official of	373
the political subdivision the amount of compensation paid to that	374
former public official in accordance with this division from the	375
date of the former public official's suspension to the date the	376
former public official pleads guilty to or is found guilty of any	377
felony with which the former public official was charged.	378

Sec. 101.35.  There is hereby created in the general assembly	379
the joint committee on agency rule review. The committee shall	380
consist of five members of the house of representatives and five	381
members of the senate. Within fifteen days after the commencement	382
of the first regular session of each general assembly, the speaker	383
of the house of representatives shall appoint the members of the	384
committee from the house of representatives, and the president of	385
the senate shall appoint the members of the committee from the	386
senate. Not more than three of the members from each house shall	387
be of the same political party. In the first regular session of a	388
general assembly, the chairperson of the committee shall be	389
appointed by the speaker of the house from among the house members	390
of the committee, and the vice-chairperson shall be appointed by	391
the president of the senate from among the senate members of the	392
committee. In the second regular session of a general assembly,	393
the chairperson shall be appointed by the president of the senate	394
from among the senate members of the committee, and the	395
vice-chairperson shall be appointed by the speaker of the house	396
from among the house members of the committee. The chairperson,	397
vice-chairperson, and members of the committee shall serve until	398
their respective successors are appointed or until they are no	399
longer members of the general assembly. When a vacancy occurs	400
among the officers or members of the committee, it shall be filled	401
in the same manner as the original appointment.	402

Notwithstanding section 101.26 of the Revised Code, the	403
members, when engaged in their duties as members of the committee	404
on days when there is not a voting session of the member's house	405
of the general assembly, shall be paid at the per diem rate of one	406
hundred fifty dollars, and their necessary traveling expenses,	407
which shall be paid from the funds appropriated for the payment of	408
expenses of legislative committees.	409

The committee has the same powers as other standing or select	410
committees of the general assembly. Six members constitute a	411
quorum, and the. The concurrence of six members is required for	412
the recommendation of a concurrent resolution invalidating a	413
proposed or existing rule under section 106.021 or 106.031 of the	414
Revised Code. The concurrence of seven members is required for the	415
recommendation of a concurrent resolution invalidating an existing	416
rule under section 106.031 of the Revised Code.	417

When a member of the committee is absent, the president or	418
speaker, as the case may be, may designate a substitute from the	419
same house and political party as the absent member. The	420
substitute shall serve on the committee in the member's absence,	421
and is entitled to perform the duties of a member of the	422
committee. For serving on the committee, the substitute shall be	423
paid the same per diem and necessary traveling expenses as the	424
substitute would be entitled to receive if the substitute were a	425
member of the committee.	426

The president or speaker shall inform the executive director	427
of the committee of a substitution. If the executive director	428
learns of a substitution sufficiently in advance of the meeting of	429
the committee the substitute is to attend, the executive director	430
shall publish notice of the substitution on the internet, make	431
reasonable effort to inform of the substitution persons who are	432
known to the executive director to be interested in rules that are	433
scheduled for review at the meeting, and inform of the	434
substitution persons who inquire of the executive director	435
concerning the meeting.	436

The committee may meet during periods in which the general	437
assembly has adjourned.	438

At meetings of the committee, the committee may request an	439
agency, as defined in section 106.01 of the Revised Code, to	440
provide information relative to the agency's implementation of its	441
statutory authority.	442

A member of the committee, and the executive director and	443
staff of the committee, are entitled in their official capacities	444
to attend, but not in their official capacities to participate in,	445
a public hearing conducted by an agency on a proposed rule.	446

Sec. 103.0511.  The director of the legislative service	447
commission shall establish and maintain, and enhance and improve,	448
an electronic rule-filing system connecting:	449

(A) The legislative service commission, the joint committee	450
on agency rule review, the common sense initiative office, and the	451
secretary of state;	452

(B) The governor, the senate and house of representatives,	453
and the clerks of the senate and house of representatives;	454

(C) Each agency that files rules and other rule-making and	455
rule-related documents with the legislative service commission,	456
the joint committee on agency rule review, the department of	457
aging, the governor, the secretary of state, the general assembly,	458
or a committee of the senate or house of representatives under	459
section 106.02, 106.022, 106.031, 107.54, 111.15, 117.20, 119.03,	460
119.0311, 119.04, 121.39, 121.82, 127.18, 173.01, or 5117.02 of	461
the Revised Code or any other statute;	462

(D) The several publishers of the Administrative Code;

463

(E) The common sense initiative office; and

464

(F) Any other person or governmental officer or entity whose	465
inclusion in the system is required for the system to be a	466
complete electronic rule-filing system.	467

The electronic rule-filing system is to enable rules and	468
rule-making and rule-related documents to be filed, and official	469
responses to these filings to be made, exclusively by electronic	470
means.	471

Sec. 106.02. When an agency files a proposed rule and rule	472
summary and fiscal analysis with the joint committee on agency	473
rule review, the joint committee shall review the proposed rule	474
and rule summary and fiscal analysis, and an invalidating	475
concurrent resolution may be adopted, not later than the	476
sixty-fifth day after the day on which the proposed rule was filed	477
with the joint committee. If, after filing the original version of	478
a proposed rule, the agency makes a revision in the proposed rule,	479
the agency shall file the revised proposed rule and a revised rule	480
summary and fiscal analysis with the joint committee. If the	481
revised proposed rule is filed thirty-five or fewer days after the	482
original version of the proposed rule was filed, the joint	483
committee shall review the revised proposed rule and revised rule	484
summary and fiscal analysis, and an invalidating concurrent	485
resolution may be adopted, not later than the sixty-fifth day	486
after the original version of the proposed rule was filed. If,	487
however, the revised proposed rule is filed more than thirty-five	488
days after the original version of the proposed rule was filed,	489
the joint committee shall review the revised proposed rule and	490
revised rule summary and fiscal analysis, and an invalidating	491
concurrent resolution may be adopted, not later than the thirtieth	492
day after the revised proposed rule was filed with the joint	493
committee.	494

When the original version of a proposed rule and rule summary	495
and fiscal analysis is filed with the joint committee in December	496
or in the following January before the first day of the	497
legislative session, the joint committee shall review the proposed	498
rule and rule summary and fiscal analysis, and an invalidating	499
concurrent resolution may be adopted, as if the proposed rule and	500
rule summary and fiscal analysis had been filed with the joint	501
committee on the first day of the legislative session in the	502
following January. If the original version of a proposed rule and	503
rule summary and fiscal analysis have been pending before the	504
joint committee for more than thirty-five days, and the proposed	505
rule and rule summary and fiscal analysis are revised in December	506
or in the following January before the first day of the	507
legislative session, the joint committee shall review the revised	508
proposed rule and revised rule summary and fiscal analysis, and an	509
invalidating concurrent resolution may be adopted, not later than	510
the thirtieth day after the first day of the legislative session	511
in the following January.	512

A revised proposed rule supersedes each earlier version of	513
the same proposed rule.	514

The joint committee shall not hold its public hearing on a	515
proposed rule earlier than the forty-first day after the proposed	516
rule was filed with the joint committee.	517

Sec. 106.022. AsIf the joint committee on agency rule	518
review makes a finding with regard to a proposed rule under	519
section 106.021 of the Revised Code, and also finds that it	520
nevertheless would be worthwhile to afford the agency an	521
opportunity to revise the proposed rule, the joint committee, as	522
an alternative to recommending the adoption of a concurrent	523
resolution to invalidate athe proposed rule, the joint committee	524
on agency rule review may authorize the agency to revise and	525
refile the proposed rule and rule summary and fiscal analysis. The	526
joint committee shall issue the authorization in writing. In the	527
authorization, the joint committee shall explain the finding that,	528
but for the authorization, would have resulted in a recommendation	529
of invalidation, and shall explain why the joint committee has	530
found it nevertheless to be worthwhile to afford the agency an	531
opportunity to revise the proposed rule. The joint committee shall	532
transmit the authorization electronically to the agency, the	533
secretary of state, the director of the legislative service	534
commission, and, if the proposed rule is to replace an emergency	535
rule, the governor.	536

When the joint committee approves such an authorization, the	537
running of the time within which a concurrent resolution	538
invalidating the proposed rule may be adopted is tolled until the	539
thirty-first day after the day on which the authorization was	540
approved. If, during the tolling period, the agency revises and	541
refiles the proposed rule, the time within which a concurrent	542
resolution invalidating the proposed rule may be adopted resumes	543
running and expires on the thirty-first day after the day the	544
proposed rule was refiled. But if, during the tolling period, the	545
agency neither withdraws nor revises and refiles the proposed	546
rule, the time within which a concurrent resolution invalidating	547
the proposed rule may be adopted resumes running and expires on	548
the thirty-first day after the day the tolling period ended.	549

Upon receiving the authorization, the agency may revise the	550
proposed rule and rule summary and fiscal analysis, and then	551
refile the revised proposed rule and rule summary and fiscal	552
analysis electronically with the joint committee.	553

If the joint committee makes any of the findings outlined in	554
section 106.021 of the Revised Code with regard to the revised	555
proposed rule and rule summary and fiscal analysis, the joint	556
committee may recommend the adoption of a concurrent resolution to	557
invalidate the proposed rule under section 106.021 of the Revised	558
Code. The joint committee may issue only one authorization with	559
regard to the same proposed rule.	560

If the proposed rule that is the subject of an authorization	561
is to replace an emergency rule, the governor may issue an order	562
extending the emergency rule for an additional sixty-fiveone	563
hundred twenty days after the day on which the emergency rule	564
otherwise would become invalid. The governor shall transmit the	565
order electronically to the agency, the joint committee, and the	566
director of the legislative service commission.	567

Sec. 106.023. An agency may not adopt a proposed rule or	568
revised proposed rule or file it in final form unless the proposed	569
rule has been filed with the joint committee on agency rule review	570
under division (D) of section 111.15 or division (C) of section	571
119.03 of the Revised Code and the time for the joint committee to	572
review the proposed rule and for the adoption of an invalidating	573
concurrent resolution has expired without recommendationadoption	574
of a concurrent resolution to invalidate the proposed rule.	575

If, before the time for its review of a proposed rule or	576
revised proposed rule expires, the joint committee recommends	577
adoption of a concurrent resolution invalidating the proposed rule	578
or revised proposed rule, and the senate and house of	579
representatives does not, within the time remaining for adoption	580
of the concurrent resolution, hold five sessions at which its	581
journal records a roll call vote disclosing a sufficient number of	582
members in attendance to pass a bill, the time within which that	583
house may adopt the concurrent resolution is extended until it has	584
held five such sessions.	585

Sec. 106.031. If an agency, on the basis of its review of a	586
rule under section 106.03 of the Revised Code, determines that the	587
rule does not need to be amended or rescinded, proceedings shall	588
be had as follows:	589

(A)(1) If, considering only the standard of review specified	590
in division (A)(6) of section 106.03 of the Revised Code, the rule	591
has an adverse impact on businesses, the agency shall prepare a	592
business impact analysis that describes its review of the rule	593
under that division and that explains why the regulatory intent of	594
the rule justifies its adverse impact on businesses. If the rule	595
does not have an adverse impact on businesses, the agency may	596
proceed under division (B) of this section.	597

(2) The agency shall transmit a copy of the full text of the	598
rule and the business impact analysis electronically to the common	599
sense initiative office. The office shall make the rule and	600
analysis available to the public on its web site under section	601
107.62 of the Revised Code.	602

(3) The agency shall consider any recommendations made by the	603
office.	604

(4) Not earlier than the sixteenth business day after	605
transmitting the rule and analysis to the office, the agency shall	606
either (a) proceed under divisions (A)(5) and (B) of this section	607
or (b) commence, under division (B)(1) of section 106.03 of the	608
Revised Code, the process of rescinding the rule or of amending	609
the rule to incorporate into the rule features the recommendations	610
suggest will eliminate or reduce the adverse impact the rule has	611
on businesses. If the agency determines to amend or rescind the	612
rule, the agency is not subject to the time limit specified in	613
division (B)(1) of section 106.03 of the Revised Code.	614

(5) If the agency receives recommendations from the office,	615
and determines not to amend or rescind the rule, the agency shall	616
prepare a memorandum of response that explains why the rule is not	617
being rescinded or why the recommendations are not being	618
incorporated into the rule.	619

(B) The agency shall assign a new review date to the rule.	620
The review date assigned shall be not later than five years after	621
the immediately preceding review date pertaining to the rule. If	622
the agency assigns a review date that exceeds the five-year	623
maximum, the review date is five years after the immediately	624
preceding review date.	625

(C)(1) The agency shall file all the following, in electronic	626
form, with the joint committee on agency rule review, the	627
secretary of state, and the director of the legislative service	628
commission: a copy of the rule specifying its new review date, a	629
complete and accurate rule summary and fiscal analysis, and, if	630
relevant, a business impact analysis of the rule, any	631
recommendations received from the common sense initiative office,	632
and any memorandum of response.	633

(2) Subject to section 106.05 of the Revised Code, the joint	634
committee does not have jurisdiction to review, and shall reject,	635
the filing of a rule under division (C)(1) of this section if, at	636
any time while the rule is in its possession, it discovers that	637
the rule has an adverse impact on businesses and the agency has	638
not complied with division (A) of this section. The joint	639
committee shall electronically return a rule that is rejected to	640
the agency, together with any documents that were part of the	641
filing. Such a rejection does not preclude the agency from	642
refiling the rule under division (C)(1) of this section after	643
complying with division (A) of this section. When the filing of a	644
rule is rejected under this division, it is as if the filing had	645
not been made.	646

(D) The joint committee shall publish notice of the agency's	647
determination not to amend or rescind the rule in the register of	648
Ohio for four consecutive weeks after the rule is filed under	649
division (C) of this section.	650

(E) During the ninety-day period after a rule is filed under	651
division (C) of this section, but after the four-week notice	652
period required by division (D) of this section has ended, the	653
joint committee, by a two-thirds vote of members present, may	654
recommend to the senate and house of representatives the adoption	655
of a concurrent resolution invalidating the rule if the joint	656
committee finds any of the following:	657

(1) The agency improperly applied the standards in division	658
(A) of section 106.03 of the Revised Code in reviewing the rule	659
and in determining that the rule did not need amendment or	660
rescission.	661

(2) The rule has an adverse impact on businesses, and the	662
agency has failed to demonstrate through a business impact	663
analysis, recommendations from the common sense initiative office,	664
and a memorandum of response that the regulatory intent of the	665
rule justifies its adverse impact on businesses.	666

(3) If the rule incorporates a text or other material by	667
reference, the agency failed to file, or to deposit or display,	668
the text or other material incorporated by reference as required	669
by section 121.73 or 121.74 of the Revised Code or the	670
incorporation by reference fails to meet the standards stated in	671
sections 121.72, 121.75, and 121.76 of the Revised Code.	672

If the agency fails to comply with section 106.03 or 106.031	673
of the Revised Code, the joint committee shall afford the agency	674
an opportunity to appear before the joint committee to show cause	675
why the agency has not complied with either or both of those	676
sections. If the agency appears before the joint committee at the	677
time scheduled for the agency to show cause, and fails to do so,	678
the joint committee, by vote of a majority of its members present,	679
may recommend the adoption of a concurrent resolution invalidating	680
the rule for the agency's failure to show cause. Or if the agency	681
fails to appear before the joint committee at the time scheduled	682
for the agency to show cause, the joint committee, by vote of a	683
majority of its members present, may recommend adoption of a	684
concurrent resolution invalidating the rule for the agency's	685
default.	686

When the joint committee recommends that a rule be	687
invalidated, the recommendation does not suspend operation of the	688
rule, and the rule remains operational pending action by the	689
senate and house of representatives on the concurrent resolution	690
embodying the recommendation. If the senate and house of	691
representatives adopt the concurrent resolution, the rule is	692
invalid. If, however, the senate and house of representatives do	693
not adopt the resolution, the rule continues in effect, and shall	694
next be reviewed according to the new review date assigned to the	695
rule.	696

Sec. 106.05. (A) If the joint committee on agency rule review	697
is reviewing a proposed or existing rule under section 106.021 or	698
106.031 of the Revised Code and the joint committee is uncertain	699
whether the proposed or existing rule has an adverse impact on	700
businesses, the joint committee electronically may refer the rule	701
to the common sense initiative office, or if the joint committee	702
identifies an adverse impact on businesses in the proposed or	703
existing rule that has not been evaluated or has been inadequately	704
evaluated in a business impact analysis previously reviewed by the	705
common sense initiative office, the joint committee electronically	706
may rerefer the rule to the office. The joint committee	707
electronically may transmit a memorandum to the office along with	708
the proposed or existing rule explaining specifically why it is	709
referring or rereferring the rule to the office. The joint	710
committee electronically shall notify the agency if it refers or	711
rerefers the proposed or existing rule to the office.	712

Such a referral or rereferral tolls the running of the time	713
within which the joint committee is required to recommend adoption	714
of a concurrent resolution invalidating the proposed or existing	715
rule may be adopted. The time resumes running when the proposed or	716
existing rule is returned to the joint committee after the	717
referral or rereferral. The tolling does not affect the continued	718
operation of an existing rule.	719

(B) The office, within thirty days after receiving a proposed	720
or existing rule under division (A) of this section, shall	721
evaluate or reevaluate the rule to determine whether it has an	722
adverse impact on businesses, and shall proceed under division	723
(C)(1) or (2) of this section as is appropriate to its	724
determination.	725

(C)(1) If the office determined that the proposed or existing	726
rule does not have an adverse impact on businesses, the office	727
shall prepare a memorandum stating that finding. The office	728
electronically shall transmit the memorandum to the agency, and	729
electronically shall return the proposed or existing rule to the	730
joint committee. The office also electronically shall transmit a	731
copy of its memorandum to the joint committee along with the	732
proposed or existing rule. The joint committee may review or	733
reject the proposed or existing rule, the same as if the rule had	734
not been referred or rereferred to the office. If, when the	735
proposed or existing rule is returned to the joint committee,	736
fewer than thirty days remain in the time by which a concurrent	737
resolution invalidating the proposed or existing rule mustmay be	738
recommendedadopted, the time for making such a recommendation	739
adopting such a concurrent resolution is extended until the	740
thirtieth day after the day on which the proposed or existing rule	741
was returned to the joint committee.	742

(2) If the office determined that the proposed or existing	743
rule has an adverse impact on businesses, the office shall prepare	744
a memorandum stating that finding. The office electronically shall	745
transmit the memorandum to the agency, and electronically shall	746
transmit the memorandum and the proposed or existing rule to the	747
joint committee. The memorandum shall identify the proposed or	748
existing rule to which it relates.	749

In the case of a proposed rule, the joint committee may	750
review or reject the proposed rule the same as if the proposed	751
rule had not been referred or rereferred to the office. If, when	752
the proposed rule is returned to the joint committee, fewer than	753
thirty days remain in the time by which a concurrent resolution	754
invalidating the proposed rule mustmay be recommendedadopted,	755
the time for making such a recommendationadopting such a	756
concurrent resolution is extended until the thirtieth day after	757
the day on which the proposed rule was transmitted to the joint	758
committee. The agency, after considering the memorandum, may	759
revise the proposed rule.	760

In the case of an existing rule, it is the same as if the	761
agency had withdrawn the existing rule from the joint committee's	762
jurisdiction. If the agency determines, after considering the	763
memorandum, that the existing rule needs to be amended or	764
rescinded, the agency shall commence the process of doing so under	765
division (B)(1) of section 106.03 of the Revised Code. If,	766
however, the agency determines, after considering the memorandum,	767
that the existing rule does not need to be amended or rescinded,	768
the agency shall proceed with periodic review of the rule under	769
division (B)(2) of section 106.03 of the Revised Code.	770

When the joint committee gives notice that it is referring or	771
rereferring a proposed or existing rule to the common sense	772
initiative office, and when the joint committee or office	773
transmits a memorandum to the other or to an agency, the joint	774
committee or office also electronically shall transmit a copy of	775
the notice or memorandum to the director of the legislative	776
service commission. The director shall publish the notice or	777
memorandum in the register of Ohio together with a notation	778
identifying the proposed or existing rule to which the notice or	779
memorandum relates.	780

Sec. 117.45.  The auditor of state shall establish by rule	781
the format for submitting a sworn affidavit and supporting	782
evidence under sections 319.26, 321.37, 507.13, and 733.78 of the	783
Revised Code.	784

Sec. 119.03.  In the adoption, amendment, or rescission of	785
any rule, an agency shall comply with the following procedure:	786

(A) Reasonable public notice shall be given in the register	787
of Ohio at least thirty days prior to the date set for a hearing,	788
in the form the agency determines. The agency shall file copies of	789
the public notice under division (B) of this section. (The agency	790
gives public notice in the register of Ohio when the public notice	791
is published in the register under that division.)	792

The public notice shall include:

793

(1) A statement of the agency's intention to consider	794
adopting, amending, or rescinding a rule;	795

(2) A synopsis of the proposed rule, amendment, or rule to be	796
rescinded or a general statement of the subject matter to which	797
the proposed rule, amendment, or rescission relates;	798

(3) A statement of the reason or purpose for adopting,	799
amending, or rescinding the rule;	800

(4) The date, time, and place of a hearing on the proposed	801
action, which shall be not earlier than the thirty-first nor later	802
than the fortieth day after the proposed rule, amendment, or	803
rescission is filed under division (B) of this section.	804

In addition to public notice given in the register of Ohio,	805
the agency may give whatever other notice it reasonably considers	806
necessary to ensure notice constructively is given to all persons	807
who are subject to or affected by the proposed rule, amendment, or	808
rescission.	809

The agency shall provide a copy of the public notice required	810
under division (A) of this section to any person who requests it	811
and pays a reasonable fee, not to exceed the cost of copying and	812
mailing.	813

(B) The full text of the proposed rule, amendment, or rule to	814
be rescinded, accompanied by the public notice required under	815
division (A) of this section, shall be filed in electronic form	816
with the secretary of state and with the director of the	817
legislative service commission. (If in compliance with this	818
division an agency files more than one proposed rule, amendment,	819
or rescission at the same time, and has prepared a public notice	820
under division (A) of this section that applies to more than one	821
of the proposed rules, amendments, or rescissions, the agency	822
shall file only one notice with the secretary of state and with	823
the director for all of the proposed rules, amendments, or	824
rescissions to which the notice applies.) The proposed rule,	825
amendment, or rescission and public notice shall be filed as	826
required by this division at least sixty-five days prior to the	827
date on which the agency, in accordance with division (E) of this	828
section, issues an order adopting the proposed rule, amendment, or	829
rescission.	830

If the proposed rule, amendment, or rescission incorporates a	831
text or other material by reference, the agency shall comply with	832
sections 121.71 to 121.76 of the Revised Code.	833

The proposed rule, amendment, or rescission shall be	834
available for at least thirty days prior to the date of the	835
hearing at the office of the agency in printed or other legible	836
form without charge to any person affected by the proposal.	837
Failure to furnish such text to any person requesting it shall not	838
invalidate any action of the agency in connection therewith.	839

If the agency files a revision in the text of the proposed	840
rule, amendment, or rescission, it shall also promptly file the	841
full text of the proposed rule, amendment, or rescission in its	842
revised form in electronic form with the secretary of state and	843
with the director of the legislative service commission.	844

The agency shall file the rule summary and fiscal analysis	845
prepared under section 127.18 of the Revised Code in electronic	846
form along with a proposed rule, amendment, or rescission or	847
proposed rule, amendment, or rescission in revised form that is	848
filed with the secretary of state or the director of the	849
legislative service commission.	850

The agency shall file the hearing report relating to a	851
proposed rule, amendment, or rescission in electronic form along	852
with the proposed rule, amendment, or rescission if the hearing	853
report is available when the proposed rule, amendment, or	854
rescission is filed with the secretary of state orand the	855
director of the legislative service commission under this division	856
at the same time the agency files the hearing report with the	857
joint committee on agency rule review.	858

The director of the legislative service commission shall	859
publish in the register of Ohio the full text of the original and	860
each revised version of a proposed rule, amendment, or rescission;	861
the full text of a public notice; the full text of a rule summary	862
and fiscal analysis; and the full text of a hearing report that is	863
filed with the director under this division.	864

(C) When an agency files a proposed rule, amendment, or	865
rescission under division (B) of this section, it also shall file	866
in electronic form with the joint committee on agency rule review	867
the full text of the proposed rule, amendment, or rule to be	868
rescinded in the same form and the public notice required under	869
division (A) of this section. (If in compliance with this division	870
an agency files more than one proposed rule, amendment, or	871
rescission at the same time, and has given a public notice under	872
division (A) of this section that applies to more than one of the	873
proposed rules, amendments, or rescissions, the agency shall file	874
only one notice with the joint committee for all of the proposed	875
rules, amendments, or rescissions to which the notice applies.)	876
The proposed rule, amendment, or rescission is subject to	877
legislative review and invalidation under sections 106.02,	878
106.021, and 106.022 of the Revised Code. If the agency makes a	879
revision in a proposed rule, amendment, or rescission after it is	880
filed with the joint committee, the agency promptly shall file the	881
full text of the proposed rule, amendment, or rescission in its	882
revised form in electronic form with the joint committee.	883

An agency shall file the rule summary and fiscal analysis	884
prepared under section 127.18 of the Revised Code in electronic	885
form along with a proposed rule, amendment, or rescission, and	886
along with a proposed rule, amendment, or rescission in revised	887
form, that is filed under this division.	888

If a proposed rule, amendment, or rescission has an adverse	889
impact on businesses, the agency also shall file the business	890
impact analysis, any recommendations received from the common	891
sense initiative office, and the agency's memorandum of response,	892
if any, in electronic form along with the proposed rule,	893
amendment, or rescission, or along with the proposed rule,	894
amendment, or rescission in revised form, that is filed under this	895
division.	896

If the hearing report is available when the proposed rule,	897
amendment, or rescission is filed, or when the hearing report	898
later becomes available, theThe agency shall file the hearing	899
report in electronic form with the joint committee along with the	900
proposed rule, amendment, or rescission or at a later time with	901
reference tobefore the joint committee holds its public hearing	902
on the proposed rule, amendment, or rescission. (The later filing	903
of a hearing report does not constitute a revision of the proposed	904
rule, amendment, or rescission to which the hearing report	905
relates.) If the hearing report is later filed, the joint	906
committee shall transmit a copy of the hearing report in	907
electronic form to the director of the legislative service	908
commission. The director shall publish the hearing report in the	909
register of Ohio.	910

A proposed rule, amendment, or rescission that is subject to	911
legislative review under this division may not be adopted under	912
division (E) of this section or filed in final form under section	913
119.04 of the Revised Code unless the proposed rule, amendment, or	914
rescission has been filed with the joint committee on agency rule	915
review under this division and the time for the joint committee to	916
legislative review of the proposed rule, amendment, or rescission	917
has expired without recommendationadoption of a concurrent	918
resolution to invalidate the proposed rule, amendment, or	919
rescission.	920

This division does not apply to:

921

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

922

(2) A proposed rule, amendment, or rescission that must be	923
adopted verbatim by an agency pursuant to federal law or rule, to	924
become effective within sixty days of adoption, in order to	925
continue the operation of a federally reimbursed program in this	926
state, so long as the proposed rule contains both of the	927
following:	928

(a) A statement that it is proposed for the purpose of	929
complying with a federal law or rule;	930

(b) A citation to the federal law or rule that requires	931
verbatim compliance.	932

If a rule or amendment is exempt from legislative review	933
under division (C)(2) of this section, and if the federal law or	934
rule pursuant to which the rule or amendment was adopted expires,	935
is repealed or rescinded, or otherwise terminates, the rule or	936
amendment, or its rescission, is thereafter subject to legislative	937
review under division (C) of this section.	938

(D) On the date and at the time and place designated in the	939
notice, the agency shall conduct a public hearing at which any	940
person affected by the proposed action of the agency may appear	941
and be heard in person, by the person's attorney, or both, may	942
present the person's position, arguments, or contentions, orally	943
or in writing, offer and examine witnesses, and present evidence	944
tending to show that the proposed rule, amendment, or rescission,	945
if adopted or effectuated, will be unreasonable or unlawful. An	946
agency may permit persons affected by the proposed rule,	947
amendment, or rescission to present their positions, arguments, or	948
contentions in writing, not only at the hearing, but also for a	949
reasonable period before, after, or both before and after the	950
hearing. A person who presents a position or arguments or	951
contentions in writing before or after the hearing is not required	952
to appear at the hearing.	953

At the hearing, the testimony shall be recorded. Such record	954
shall be made at the expense of the agency. The agency is required	955
to transcribe a record that is not sight readable only if a person	956
requests transcription of all or part of the record and agrees to	957
reimburse the agency for the costs of the transcription. An agency	958
may require the person to pay in advance all or part of the cost	959
of the transcription.	960

In any hearing under this section the agency may administer	961
oaths or affirmations.	962

The agency shall consider the positions, arguments, or	963
contentions presented at, or before or after, the hearing. The	964
agency shall prepare a hearing summary of the positions,	965
arguments, or contentions, and of the issues raised by the	966
positions, arguments, or contentions. The agency then shall	967
prepare a hearing report explaining, with regard to each issue,	968
how it is reflected in the rule, amendment, or rescission. If an	969
issue is not reflected in the rule, amendment, or rescission, the	970
hearing report shall explain why the issue is not reflected. The	971
agency shall include the hearing summary in the hearing report as	972
an appendix thereto. And, in the hearing report, the agency shall	973
identify the proposed rule, amendment, or rescission to which the	974
hearing report relates.	975

(E) After divisions (A), (B), (C), and (D) of this section	976
have been complied with, and when the time for legislative review	977
and invalidation under sections 106.02, 106.022, and 106.023 of	978
the Revised Code has expired without recommendationadoption of a	979
concurrent resolution to invalidate the proposed rule, amendment,	980
or rescission, the agency may issue an order adopting the proposed	981
rule or the proposed amendment or rescission of the rule,	982
consistent with the synopsis or general statement included in the	983
public notice. At that time the agency shall designate the	984
effective date of the rule, amendment, or rescission, which shall	985
not be earlier than the tenth day after the rule, amendment, or	986
rescission has been filed in its final form as provided in section	987
119.04 of the Revised Code.	988

(F) Prior to the effective date of a rule, amendment, or	989
rescission, the agency shall make a reasonable effort to inform	990
those affected by the rule, amendment, or rescission and to have	991
available for distribution to those requesting it the full text of	992
the rule as adopted or as amended.	993

(G) If the governor, upon the request of an agency,	994
determines that an emergency requires the immediate adoption,	995
amendment, or rescission of a rule, the governor shall issue an	996
order, the text of which shall be filed in electronic form with	997
the agency, the secretary of state, the director of the	998
legislative service commission, and the joint committee on agency	999
rule review, that the procedure prescribed by this section with	1000
respect to the adoption, amendment, or rescission of a specified	1001
rule is suspended. The agency may then adopt immediately the	1002
emergency rule, amendment, or rescission and it becomes effective	1003
on the date the rule, amendment, or rescission, in final form and	1004
in compliance with division (A)(2) of section 119.04 of the	1005
Revised Code, is filed in electronic form with the secretary of	1006
state, the director of the legislative service commission, and the	1007
joint committee on agency rule review. If all filings are not	1008
completed on the same day, the emergency rule, amendment, or	1009
rescission shall be effective on the day on which the latest	1010
filing is completed. The director shall publish the full text of	1011
the emergency rule, amendment, or rescission in the register of	1012
Ohio.	1013

The emergency rule, amendment, or rescission shall become	1014
invalid at the end of the one hundred twentieth day it is in	1015
effect. Prior to that date the agency may adopt the emergency	1016
rule, amendment, or rescission as a nonemergency rule, amendment,	1017
or rescission by complying with the procedure prescribed by this	1018
section for the adoption, amendment, and rescission of	1019
nonemergency rules. The agency shall not use the procedure of this	1020
division to readopt the emergency rule, amendment, or rescission	1021
so that, upon the emergency rule, amendment, or rescission	1022
becoming invalid under this division, the emergency rule,	1023
amendment, or rescission will continue in effect without	1024
interruption for another one hundred twenty-day period, except	1025
when section 106.02 of the Revised Code prevents the agency from	1026
adopting the emergency rule, amendment, or rescission as a	1027
nonemergency rule, amendment, or rescission within the one hundred	1028
twenty-day period.	1029

This division does not apply to the adoption of any emergency	1030
rule, amendment, or rescission by the tax commissioner under	1031
division (C)(2) of section 5117.02 of the Revised Code.	1032

(H) Rules adopted by an authority within the department of	1033
job and family services for the administration or enforcement of	1034
Chapter 4141. of the Revised Code or of the department of taxation	1035
shall be effective without a hearing as provided by this section	1036
if the statutes pertaining to such agency specifically give a	1037
right of appeal to the board of tax appeals or to a higher	1038
authority within the agency or to a court, and also give the	1039
appellant a right to a hearing on such appeal. This division does	1040
not apply to the adoption of any rule, amendment, or rescission by	1041
the tax commissioner under division (C)(1) or (2) of section	1042
5117.02 of the Revised Code, or deny the right to file an action	1043
for declaratory judgment as provided in Chapter 2721. of the	1044
Revised Code from the decision of the board of tax appeals or of	1045
the higher authority within such agency.	1046

Sec. 121.83.  (A) When an agency files a proposed rule for	1047
legislative review under division (D) of section 111.15 of the	1048
Revised Code or division (H)(C) of section 119.03 of the Revised	1049
Code, the agency electronically shall file one copy of the	1050
business impact analysis, any recommendations received from the	1051
common sense initiative office, and the agency's memorandum of	1052
response, if any, along with the proposed rule.	1053

(B)(1) Subject to section 106.05 of the Revised Code, the	1054
joint committee on agency rule review does not have jurisdiction	1055
to review, and shall reject, the filing of a proposed rule if, at	1056
any time while the proposed rule is in its possession, it	1057
discovers that the proposed rule might have an adverse impact on	1058
businesses and the agency has not included with the filing a	1059
business impact analysis or has included a business impact	1060
analysis that is inadequately prepared. The joint committee	1061
electronically shall return a filing that is rejected to the	1062
agency. Such a rejection does not preclude the agency from	1063
refiling the proposed rule after complying with section 121.82 of	1064
the Revised Code. When a filing is rejected under this division,	1065
it is as if the filing had not been made.	1066

(2) If the last previously filed version of a proposed rule,	1067
the filing of a later version of which has been rejected by the	1068
joint committee, remains in the possession of the joint committee,	1069
and if the time for legislative review of that previously filed	1070
version has expired, or if fewer than thirty days remain before	1071
the time for legislative review of that previously filed version	1072
expires, then the time for legislative review of that previously	1073
filed version is revived or extended, and recommendation of a	1074
concurrent resolution to invalidate that previously filed version	1075
may be adopted not later than the sixty-fifth day after the day on	1076
which the filing of the later version of the proposed rule was	1077
rejected. This deadline is subject to extension under section	1078
106.02 of the Revised Code.	1079

Sec. 135.02.  There shall be a state board of deposit	1080
consisting of the treasurer of state or an employee of histhe	1081
treasurer of state's department designated by himthe treasurer of	1082
state, the auditor of state or an employee of histhe auditor of	1083
state's department designated by himthe auditor of state, and the	1084
attorney general or an employee of histhe attorney general's	1085
department designated by himthe attorney general. SaidThe board	1086
shall meet once each month on the call of the chairmanchairperson	1087
at least annually to perform the duties prescribed in sections	1088
135.01 to 135.21, inclusive, of the Revised Code. At any time, two	1089
members of the board may request that the chairperson call a	1090
meeting of the board, and the chairperson shall call the meeting	1091
within thirty days after receiving such requests. The treasurer of	1092
state or histhe treasurer of state's designated representative	1093
shall be chairmanchairperson of suchthe board. The cashier of	1094
the state treasury shall be the secretary of the board and shall	1095
keep its records. A certified copy of such records shall be	1096
prima-facie evidence of the matter appearing therein in any court	1097
of record.	1098

The chairperson shall provide a monthly report to the board	1099
of deposit consisting of the notifications required under division	1100
(B) of section 135.143 of the Revised Code and shall post that	1101
report monthly to a web site maintained by the treasurer of state.	1102

The necessary expenses of the board shall be paid from the	1103
state treasury from appropriations for that purpose upon the order	1104
of the board certified by the chairmanchairperson and the	1105
secretary.	1106

Sec. 305.03.  (A)(1) Whenever any county officer, except the	1107
county auditor or county treasurer, fails to perform the duties of	1108
office for ninety consecutive days, except in case of sickness or	1109
injury as provided in divisions (B) and (C) of this section, the	1110
office shall be deemed vacant.	1111

(2) Whenever any county auditor or county treasurer fails to	1112
perform the duties of office for thirty consecutive days, except	1113
in case of sickness or injury as provided in divisions (B) and (C)	1114
of this section, the office shall be deemed vacant.	1115

(B) Whenever any county officer is absent because of sickness	1116
or injury, the officer shall cause to be filed with the board of	1117
county commissioners a physician's certificate of the officer's	1118
sickness or injury. If suchthe certificate is not filed with the	1119
board within ten days after the expiration of thirty consecutive	1120
days, in the case of a county auditor or county treasurer, or	1121
within ten days after the expiration of ninety consecutive days of	1122
absence, in the case of all other county officers, the office	1123
shall be deemed vacant.	1124

(C) Whenever a county officer files a physician's certificate	1125
under division (B) of this section, but continues to be absent for	1126
an additional thirty days commencing immediately after the last	1127
day on which this certificate may be filed under division (B) of	1128
this section, the office shall be deemed vacant.	1129

(D) If at any time two county commissioners in a county are	1130
absent and have filed a physician's certificate under division (B)	1131
of this section, the county coroner, in addition to performing the	1132
duties of coroner, shall serve as county commissioner until at	1133
least one of the absent commissioners returns to office or until	1134
the office of at least one of the absent commissioners is deemed	1135
vacant under this section and the vacancy is filled. If the	1136
coroner so requests, the coroner shall be paid a per diem rate for	1137
the coroner's service as a commissioner. That per diem rate shall	1138
be the annual salary specified by law for a county commissioner of	1139
that county whose term of office began in the same year as the	1140
coroner's term of office began, divided by the number of days in	1141
the year.	1142

While the coroner is serving as a county commissioner, the	1143
coroner shall be considered an acting county commissioner and	1144
shall perform the duties of the office of county commissioner	1145
until at least one of the absent commissioners returns to office	1146
or until the office of at least one of the absent commissioners is	1147
deemed vacant. Before assuming the office of acting county	1148
commissioner, the coroner shall take an oath of office as provided	1149
in sections 3.22 and 3.23 of the Revised Code. The coroner's	1150
service as an acting county commissioner does not constitute the	1151
holding of an incompatible public office or employment in	1152
violation of any statutory or common law prohibition against the	1153
simultaneous holding of more than one public officeroffice or	1154
employment.	1155

The coroner shall give a new bond in the same amount and	1156
signed and approved as provided in section 305.04 of the Revised	1157
Code. The bond shall be conditioned for the faithful discharge of	1158
the coroner's duties as acting county commissioner and for the	1159
payment of any loss or damage that the county may sustain by	1160
reason of the coroner's failure in those duties. The bond, along	1161
with the oath of office and approval of the probate judge indorsed	1162
on it, shall be deposited and paid for as provided for the bonds	1163
in section 305.04 of the Revised Code.	1164

(E) Any vacancy declared under this section shall be filled	1165
in the manner provided by section 305.02 of the Revised Code.	1166

(F) This section shall not apply to a county officer while in	1167
the active military service of the United States.	1168

Sec. 319.04.  (A) Each county auditor who is elected to a	1169
full term of office shall attend and successfully complete at	1170
least sixteen hours of continuing education courses during the	1171
first year of the auditor's term of office, and complete at least	1172
another eight hours of such courses by the end of that term. Each	1173
such county auditor shall include at least two hours of ethics and	1174
substance-abuse training in the total twenty-four hours of	1175
required courses. To be counted toward the twenty-four hours	1176
required by this section, a course must be approved by the county	1177
auditors association of Ohio. Any county auditor who teaches an	1178
approved course shall be entitled to credit for the course in the	1179
same manner as if the county auditor had attended the course.	1180

That association shall record and, upon request, verify the	1181
completion of required course work for each county auditor, and	1182
issue a statement to each county auditor of the number of hours of	1183
continuing education the county auditor has successfully	1184
completed. Each year the association shall send a list of the	1185
continuing education courses, and the number of hours each county	1186
auditor has successfully completed, to the auditor of state and	1187
the tax commissioner, and shall provide a copy of this list to any	1188
other individual who requests it.	1189

The associationauditor of state shall issue a certificate of	1190
completion to each county auditor who completes the continuing	1191
education courses required by this section. The auditor of state	1192
shall issue a "notice of failure" to any county auditor required	1193
to complete continuing education courses under this section who	1194
fails to successfully complete at least sixteen hours of	1195
continuing education courses during the first year of the county	1196
auditor's term of office or to complete a total of at least	1197
twenty-four hours of such courses by the end of that term. This	1198
notice is for informational purposes only and does not affect any	1199
individual's ability to hold the office of county auditor.	1200

(B) Each board of county commissioners shall approve, from	1201
money appropriated to the county auditor, a reasonable amount	1202
requested by the county auditor of its county to cover the costs	1203
the county auditor must incur to meet the requirements of division	1204
(A) of this section, including registration fees, lodging and meal	1205
expenses, and travel expenses.	1206

Sec. 319.26. When the board of county commissioners suspends	1207
(A)(1) If a county auditor from the performance of his duties, as	1208
provided in section 319.25 of the Revised Code, it shall	1209
immediately cause a prosecution to be instituted against him. If	1210
the grand jury within four months of the date of the suspension	1211
fails to find and present an indictment against such auditor, or	1212
if an indictment is found and upon trial he is acquitted, such	1213
auditor shall be restored to the possession of his office and of	1214
the rights, duties, and obligations of such office. The person	1215
appointed as provided in section 319.25 of the Revised Code to	1216
perform the duties of the auditor shall vacate and cease to have	1217
any rights in such officepurposely, knowingly, or recklessly	1218
fails to perform a fiscal duty expressly imposed by law with	1219
respect to the fiscal duties of the office of county auditor or	1220
purposely, knowingly, or recklessly commits any act expressly	1221
prohibited by law with respect to the fiscal duties of the office	1222
of county auditor, the county treasurer or a county commissioner	1223
may submit a sworn affidavit alleging the violation, together with	1224
evidence supporting the allegations, to the auditor of state. The	1225
sworn affidavit and evidence shall be submitted in the format	1226
prescribed by rule of the auditor of state under section 117.45 of	1227
the Revised Code. A person who makes a false statement in a sworn	1228
affidavit, for purposes of this section, is guilty of	1229
falsification under section 2921.13 of the Revised Code.	1230

(2) The auditor of state shall review the sworn affidavit and	1231
the evidence. Within ten business days after receiving the sworn	1232
affidavit, unless, for good cause, additional time is required,	1233
the auditor of state shall determine whether clear and convincing	1234
evidence supports the allegations. If the auditor of state finds	1235
that no allegation is supported by clear and convincing evidence,	1236
the auditor of state shall submit those findings in writing to the	1237
county auditor and the person initiating the sworn affidavit. If	1238
the auditor of state finds by clear and convincing evidence that	1239
an allegation is supported by the evidence, the auditor of state	1240
shall submit those findings in writing to the attorney general,	1241
the county auditor, and the person who initiated the sworn	1242
affidavit. The findings shall include a copy of the sworn	1243
affidavit and the evidence submitted under division (A)(1) of this	1244
section.	1245

(3)(a) The attorney general shall review the auditor of	1246
state's findings and the sworn affidavit and evidence. Within ten	1247
business days after receiving the sworn affidavit and evidence,	1248
unless, for good cause, additional time is required, the attorney	1249
general shall determine whether clear and convincing evidence	1250
supports the allegations. If the attorney general finds that no	1251
allegation is supported by clear and convincing evidence, the	1252
attorney general, by certified mail, shall notify the auditor of	1253
state, the county auditor, and the person who initiated the sworn	1254
affidavit, that no complaint for the removal of the county auditor	1255
from public office will be filed.	1256

(b) If the attorney general finds by clear and convincing	1257
evidence that an allegation is supported by the evidence, the	1258
attorney general, by certified mail, shall notify the auditor of	1259
state, the county auditor, and the person who initiated the sworn	1260
affidavit of that fact, and shall commence an action for the	1261
removal of the county auditor from public office under division	1262
(B) of this section.	1263

(c) Nothing in this section is intended to limit the	1264
authority of the attorney general to enter into mediation,	1265
settlement, or resolution of any alleged violation before or	1266
following the commencement of an action under this section.	1267

(B)(1)(a) The attorney general has a cause of action for	1268
removal of a county auditor who purposely, knowingly, or	1269
recklessly fails to perform a fiscal duty expressly imposed by law	1270
with respect to the fiscal duties of the office of county auditor	1271
or purposely, knowingly, or recklessly commits any act expressly	1272
prohibited by law with respect to the fiscal duties of the office	1273
of county auditor. Not later than forty-five days after sending a	1274
notice under division (A)(3)(b) of this section, the attorney	1275
general shall cause an action to be commenced against the county	1276
auditor by filing a complaint for the removal of the county	1277
auditor from public office. If any money is due, the attorney	1278
general shall join the sureties on the county auditor's bond as	1279
parties. The court of common pleas of the county in which the	1280
county auditor holds office has exclusive original jurisdiction of	1281
the action. The action shall proceed de novo as in the trial of a	1282
civil action. The court is not restricted to the evidence that was	1283
presented to the auditor of state and the attorney general before	1284
the action was filed. The action is governed by the Rules of Civil	1285
Procedure.	1286

(b) If the court finds by clear and convincing evidence that	1287
the county auditor purposely, knowingly, or recklessly failed to	1288
perform a fiscal duty expressly imposed by law with respect to the	1289
fiscal duties of the office of county auditor or purposely,	1290
knowingly, or recklessly committed any act expressly prohibited by	1291
law with respect to the fiscal duties of that office, the court	1292
shall issue an order removing the county auditor from office and	1293
any order necessary for the preservation or restitution of public	1294
funds.	1295

(2) Except as otherwise provided in this division, an action	1296
for removal from office under this section is stayed during the	1297
pendency of any criminal action concerning a violation of an	1298
existing or former municipal ordinance or law of this or any other	1299
state or the United States that is substantially equivalent to any	1300
criminal violation in Title 29 of the Revised Code related to	1301
conduct in office, if the person charged in the criminal action	1302
committed the violation while serving as a county auditor and the	1303
conduct constituting the violation was related to the duties of	1304
the office of county auditor or to the person's actions as the	1305
county auditor. The stay may be lifted upon motion of the	1306
prosecuting attorney in the related criminal action.	1307

(3) Prior to or at the hearing, upon a showing of good cause,	1308
the court may issue an order restraining the county auditor from	1309
entering the county auditor's office and from conducting the	1310
affairs of the office pending the hearing on the complaint. If	1311
such an order is issued, the court may continue the order until	1312
the conclusion of the hearing and any appeals under this section.	1313

(4) The board of county commissioners shall be responsible	1314
for the payment of reasonable attorney's fees for counsel for the	1315
county auditor. If judgment is entered against the county auditor,	1316
the court shall order the county auditor to reimburse the board	1317
for attorney's fees and costs up to a reasonable amount, as	1318
determined by the court. Expenses incurred by the board in a	1319
removal action shall be paid out of the county general fund.	1320

(C) The judgment of the court is final and conclusive unless	1321
reversed, vacated, or modified on appeal. An appeal may be taken	1322
by any party, and shall proceed as in the case of appeals in civil	1323
actions and in accordance with the Rules of Appellate Procedure.	1324
Upon the filing of a notice of appeal by any party to the	1325
proceedings, the court of appeals shall hear the case as an	1326
expedited appeal under Rule 11.2 of the Rules of Appellate	1327
Procedure. The county auditor has the right of review or appeal to	1328
the supreme court.	1329

(D) If a final judgment for removal from public office is	1330
entered against the county auditor, the office shall be deemed	1331
vacated, and the vacancy shall be filled as provided in section	1332
305.02 of the Revised Code. Except as otherwise provided by law,	1333
an individual removed from public office under this section is not	1334
entitled to hold any public office for four years following the	1335
date of the final judgment, and is not entitled to hold any public	1336
office until any repayment or restitution required by the court is	1337
satisfied.	1338

(E) For the purposes of this section:

1339

(1) A person acts purposely when it is the person's specific	1340
intention to cause a certain result, or, when the gist of the	1341
offense is a prohibition against conduct of a certain nature,	1342
regardless of what the person intends to accomplish thereby, it is	1343
the person's specific intention to engage in conduct of that	1344
nature.	1345

(2) A person acts knowingly, regardless of the person's	1346
purpose, when the person is aware that the person's conduct will	1347
probably cause a certain result or will probably be of a certain	1348
nature. A person has knowledge of circumstances when the person is	1349
aware that such circumstances probably exist.	1350

(3) A person acts recklessly when, with heedless indifference	1351
to the consequences, the person perversely disregards a known risk	1352
that the person's conduct is likely to cause a certain result or	1353
is likely to be of a certain nature. A person is reckless with	1354
respect to circumstances when, with heedless indifference to the	1355
consequences, the person perversely disregards a known risk that	1356
such circumstances are likely to exist.	1357

(F) The proceedings provided for in this section may be used	1358
as an alternative to the removal proceedings prescribed under	1359
sections 3.07 to 3.10 of the Revised Code or other methods of	1360
removal authorized by law.	1361

Sec. 321.37. (A)(1) If thea county treasurer fails to make	1362
a settlement or to pay over money as prescribed by lawpurposely,	1363
knowingly, or recklessly fails to perform a fiscal duty expressly	1364
imposed by law with respect to the fiscal duties of the office of	1365
county treasurer or purposely, knowingly, or recklessly commits	1366
any act expressly prohibited by law with respect to the fiscal	1367
duties of the office of county treasurer, the county auditor or	1368
board ofa county commissioners shall cause suit to be instituted	1369
against such treasurer and his surety or sureties for the amount	1370
due, with ten per cent penalty on such amount, which suit shall	1371
have precedence of over all civil businesscommissioner may submit	1372
a sworn affidavit alleging the violation, together with evidence	1373
supporting the allegations, to the auditor of state. The sworn	1374
affidavit and evidence shall be submitted in the format prescribed	1375
by rule of the auditor of state under section 117.45 of the	1376
Revised Code. A person who makes a false statement in a sworn	1377
affidavit, for purposes of this section, is guilty of	1378
falsification under section 2921.13 of the Revised Code.	1379

(2) The auditor of state shall review the sworn affidavit and	1380
the evidence. Within ten business days after receiving the sworn	1381
affidavit and evidence, unless, for good cause, additional time is	1382
required, the auditor of state shall determine whether clear and	1383
convincing evidence supports the allegations. If the auditor of	1384
state finds that no allegation is supported by clear and	1385
convincing evidence, the auditor of state shall submit those	1386
findings in writing to the county treasurer and the person who	1387
initiated the sworn affidavit. If the auditor of state finds by	1388
clear and convincing evidence that an allegation is supported by	1389
the evidence, the auditor of state shall submit those findings in	1390
writing to the attorney general, the county treasurer, and the	1391
person who initiated the sworn affidavit. The findings shall	1392
include a copy of the sworn affidavit and the evidence submitted	1393
under division (A)(1) of this section.	1394

(3)(a) The attorney general shall review the auditor of	1395
state's findings and the sworn affidavit and evidence. Within ten	1396
business days after receiving them, unless, for good cause,	1397
additional time is required, the attorney general shall determine	1398
whether clear and convincing evidence supports the allegations. If	1399
the attorney general finds that no allegation is supported by	1400
clear and convincing evidence, the attorney general, by certified	1401
mail, shall notify the auditor of state, the county treasurer, and	1402
the person who initiated the sworn affidavit, that no complaint	1403
for the removal of the county treasurer from public office will be	1404
filed.	1405

(b) If the attorney general finds by clear and convincing	1406
evidence that an allegation is supported by the evidence, the	1407
attorney general, by certified mail, shall notify the auditor of	1408
state, the county treasurer, and the person who initiated the	1409
sworn affidavit of that fact, and shall commence an action for the	1410
removal of the county treasurer from public office under division	1411
(B) of this section.	1412

(c) Nothing in this section is intended to limit the	1413
authority of the attorney general to enter into mediation,	1414
settlement, or resolution of any alleged violation before or	1415
following the commencement of an action under this section.	1416

(B)(1)(a) The attorney general has a cause of action for	1417
removal of a county treasurer who purposely, knowingly, or	1418
recklessly fails to perform a fiscal duty expressly imposed by law	1419
with respect to the fiscal duties of the office of county	1420
treasurer or purposely, knowingly, or recklessly commits any act	1421
expressly prohibited by law with respect to the fiscal duties of	1422
the office of county treasurer. Not later than forty-five days	1423
after sending a notice under division (A)(3)(b) of this section,	1424
the attorney general shall cause an action to be commenced against	1425
the county treasurer by filing a complaint for the removal of the	1426
county treasurer from public office. If any money is due, the	1427
attorney general shall join the sureties on the county treasurer's	1428
bond as parties. The court of common pleas of the county in which	1429
the county treasurer holds office has exclusive original	1430
jurisdiction of the action. The action shall proceed de novo as in	1431
the trial of a civil action. The court is not restricted to the	1432
evidence that was presented to the auditor of state and the	1433
attorney general before the action was filed. The action is	1434
governed by the Rules of Civil Procedure.	1435

(b) If the court finds by clear and convincing evidence that	1436
the county treasurer purposely, knowingly, or recklessly failed to	1437
perform a fiscal duty expressly imposed by law with respect to the	1438
fiscal duties of the office of county treasurer or purposely,	1439
knowingly, or recklessly committed any act expressly prohibited by	1440
law with respect to the fiscal duties of that office, the court	1441
shall issue an order removing the county treasurer from office and	1442
any order necessary for the preservation or restitution of public	1443
funds.	1444

(2) Except as otherwise provided in this division, an action	1445
for removal from office under this section is stayed during the	1446
pendency of any criminal action concerning a violation of an	1447
existing or former municipal ordinance or law of this or any other	1448
state or the United States that is substantially equivalent to any	1449
criminal violation in Title 29 of the Revised Code related to	1450
conduct in office, if the person charged in the criminal action	1451
committed the violation while serving as a county treasurer and	1452
the conduct constituting the violation was related to the duties	1453
of the office of county treasurer or to the person's actions as	1454
the county treasurer. The stay may be lifted upon motion of the	1455
prosecuting attorney in the related criminal action.	1456

(3) Prior to or at the hearing, upon a showing of good cause,	1457
the court may issue an order restraining the county treasurer from	1458
entering the county treasurer's office and from conducting the	1459
affairs of the office pending the hearing on the complaint. If	1460
such an order is issued, the court may continue the order until	1461
the conclusion of the hearing and any appeals under this section.	1462

(4) The board of county commissioners shall be responsible	1463
for the payment of reasonable attorney's fees for counsel for the	1464
county treasurer. If judgment is entered against the county	1465
treasurer, the court shall order the county treasurer to reimburse	1466
the board for attorney's fees and costs up to a reasonable amount,	1467
as determined by the court. Expenses incurred by the board in a	1468
removal action shall be paid out of the county general fund.	1469

(C) The judgment of the court is final and conclusive unless	1470
reversed, vacated, or modified on appeal. An appeal may be taken	1471
by any party, and shall proceed as in the case of appeals in civil	1472
actions and in accordance with the Rules of Appellate Procedure.	1473
Upon the filing of a notice of appeal by any party to the	1474
proceedings, the court of appeals shall hear the case as an	1475
expedited appeal under Rule 11.2 of the Rules of Appellate	1476
Procedure. The county treasurer has the right of review or appeal	1477
to the supreme court.	1478

(D) If a final judgment for removal from public office is	1479
entered against the county treasurer, the office shall be deemed	1480
vacated, and the vacancy shall be filled as provided in section	1481
305.02 of the Revised Code. Except as otherwise provided by law,	1482
an individual removed from public office under this section is not	1483
entitled to hold any public office for four years following the	1484
date of the final judgment, and is not entitled to hold any public	1485
office until any repayment or restitution required by the court is	1486
satisfied.	1487

(E) For the purposes of this section:

1488

(1) A person acts purposely when it is the person's specific	1489
intention to cause a certain result, or, when the gist of the	1490
offense is a prohibition against conduct of a certain nature,	1491
regardless of what the person intends to accomplish thereby, it is	1492
the person's specific intention to engage in conduct of that	1493
nature.	1494

(2) A person acts knowingly, regardless of the person's	1495
purpose, when the person is aware that the person's conduct will	1496
probably cause a certain result or will probably be of a certain	1497
nature. A person has knowledge of circumstances when the person is	1498
aware that such circumstances probably exist.	1499

(3) A person acts recklessly when, with heedless indifference	1500
to the consequences, the person perversely disregards a known risk	1501
that the person's conduct is likely to cause a certain result or	1502
is likely to be of a certain nature. A person is reckless with	1503
respect to circumstances when, with heedless indifference to the	1504
consequences, the person perversely disregards a known risk that	1505
such circumstances are likely to exist.	1506

(F) The proceedings provided for in this section may be used	1507
as an alternative to the removal proceedings prescribed under	1508
sections 3.07 to 3.10 of the Revised Code or other methods of	1509
removal authorized by law.	1510

Sec. 321.46.  (A) To enhance the background and working	1511
knowledge of county treasurers in governmental accounting,	1512
portfolio reporting and compliance, investments, and cash	1513
management, the auditor of state and the treasurer of state shall	1514
conduct education programs for persons elected for the first time	1515
to the office of county treasurer and shall hold biennial	1516
continuing education programscourses for persons who continue to	1517
hold the office of county treasurer. Education	1518

Initial education programs for newly elected county	1519
treasurers shall be held between the first day of December and the	1520
first Monday of September next following that person's election to	1521
the office of county treasurer. Similar initial training	1522
education programs may also be provided to any county treasurer	1523
who is appointed to fill a vacancy or who is elected at a special	1524
election.	1525

(B)(1) The auditor of state shall determine the manner and	1526
content of the initial education programs in the subject areas of	1527
governmental accounting and portfolio reporting and compliance. In	1528
those areas, newly elected county treasurers shall take at least	1529
thirteen hours of education before taking office.	1530

(2) The treasurer of state shall determine the manner and	1531
content of the initial education programs in the subject areas of	1532
investments and cash management. In those areas, newly elected	1533
county treasurers shall take at least thirteen hours of education	1534
before taking office.	1535

(3)(a) After completing one year in office, a county	1536
treasurer shall take not less than twenty-four hours of continuing	1537
education during each biennial cycle. For purposes of division	1538
(B)(3)(a) of this section, a biennial cycle for continuing	1539
education shall be every two calendar years after the treasurer's	1540
first year in office. The treasurer of state shall determine the	1541
manner and content of the continuing education programscourses in	1542
the subject areas of investments, cash management, the collection	1543
of taxes, ethics, and any other subject area that the treasurer of	1544
state determines is reasonably related to the duties of the office	1545
of the county treasurer. The auditor of state shall determine the	1546
manner and content of the continuing education programscourses in	1547
the subject areas of governmental accounting, portfolio reporting	1548
and compliance, office management, and any other subject area that	1549
the auditor of state determines is reasonably related to the	1550
duties of the office of the county treasurer.	1551

(b) A county treasurer who accumulates more than twenty-four	1552
hours of continuing education in a biennial cycle described in	1553
division (B)(3)(a) of this section may credit the hours in excess	1554
of twenty-four hours to the next biennial cycle. However,	1555
regardless of the total number of hours earned, no more than six	1556
hours in thecontinuing education programs determined by the	1557
treasurer of state pursuant to division (B)(3)(a) of this section	1558
and six hours in thecontinuing education programs determined by	1559
the auditor of state pursuant to that division shall be carried	1560
over to the next biennial cycle.	1561

(c) A county treasurer who participates in a training program	1562
or seminar established under section 109.43 of the Revised Code	1563
may apply the three hours of training to the twenty-four hours of	1564
continuing education required in a biennial cycle under division	1565
(B)(3)(a) of this section.	1566

(C) The auditor of state and the treasurer of state may each	1567
charge counties a registration fee that will meet actual and	1568
necessary expenses of the training of county treasurers, including	1569
instructor fees, site acquisition costs, and the cost of course	1570
materials. The necessary personal expenses of county treasurers as	1571
a result of attending the traininginitial education programs and	1572
continuing education courses shall be borne by the counties the	1573
treasurers represent.	1574

(D) The auditor of state and the treasurer of state may allow	1575
any other interested person to attend any of the initial education	1576
programs that areor continuing education courses held pursuant to	1577
this section, provided that before attending any such education	1578
program or course, the interested person shall pay to either the	1579
auditor of state or the treasurer of state, as appropriate, the	1580
full registration fee set for the education program or course.	1581

(E)(1) If a county treasurer fails to complete the initial	1582
education programs required by this section before taking office,	1583
the treasurer's authority to invest county funds and to manage the	1584
county portfolio immediately is suspended, and this authority is	1585
transferred to the county's investment advisory committee until	1586
full compliance with the initial education programs is determined	1587
by the treasurer of state.	1588

(2) If a county treasurer fails to complete continuing	1589
education programs as required by this section, the county	1590
treasurer is subject to divisions (B) to (E) of section 321.47 of	1591
the Revised Code, including possible suspension of the treasurer's	1592
authority to invest county funds and to manage the county	1593
portfolio and transfer of this authority to the county's	1594
investment advisory committee.	1595

(F)(1) Notwithstanding divisions (B) and (E) of this section,	1596
a county treasurer who fails to complete the initial education	1597
programs or continuing education programs required by this section	1598
shall invest only in the Ohio subdivisions fund pursuant to	1599
division (A)(6) of section 135.35 of the Revised Code, in no load	1600
money market mutual funds pursuant to division (A)(5) of section	1601
135.35 of the Revised Code, or in time certificates of deposit or	1602
savings or deposit accounts pursuant to division (A)(3) of section	1603
135.35 of the Revised Code.	1604

(2) A county treasurer who has failed to complete the initial	1605
education programs required by this section and invests in other	1606
than the investments permitted by division (F)(1) of this section	1607
immediately shall have the county treasurer's authority to invest	1608
county funds and to manage the county portfolio suspended, and	1609
this authority shall be transferred to the county's investment	1610
advisory committee until full compliance with the initial	1611
education programs is determined by the treasurer of state.	1612

(3) If a county treasurer fails to complete continuing	1613
education programs required by this section and invests in other	1614
than the investments permitted by division (F)(1) of this section,	1615
the county treasurer is subject to divisions (B) to (E) of section	1616
321.47 of the Revised Code, including possible suspension of the	1617
treasurer's authority to invest county funds and to manage the	1618
county portfolio and transfer of this authority to the county's	1619
investment advisory committee.	1620

(G)(1) There is hereby created in the state treasury the	1621
county treasurer education fund, to be used by the treasurer of	1622
state for actual and necessary expenses of initial education	1623
programs and continuing education held pursuant to this section	1624
and section 135.22 of the Revised Code. All registration fees	1625
collected by the treasurer of state under this section and section	1626
135.22 of the Revised Code shall be paid into that fund.	1627

(2) All registration fees collected by the auditor of state	1628
under this section shall be paid into the auditor of state	1629
training program fund established under section 117.44 of the	1630
Revised Code.	1631

(H) The treasurer of state, with the advice and consent of	1632
the auditor of state, may adopt reasonable rules not inconsistent	1633
with this section for the implementation of this section.	1634

Sec. 507.02.  When a township fiscal officer is unable to	1635
carry out the duties of office because of illness, because of	1636
entering the military service of the United States, because of a	1637
court ordered suspension as provided for under section 507.13 of	1638
the Revised Code, or because the fiscal officer is otherwise	1639
incapacitated or disqualified, the board of township trustees	1640
shall appoint a deputy fiscal officer, who shall have full power	1641
to discharge the duties of the office. The deputy fiscal officer	1642
shall serve during the period of time the fiscal officer is absent	1643
or incapacitated, or until a successor fiscal officer is elected	1644
and qualified. Before entering on the discharge of official	1645
duties, the deputy fiscal officer shall give bond, for the	1646
faithful discharge of official duties, as required under section	1647
507.03 of the Revised Code. The board shall, by resolution, adjust	1648
and determine the compensation of the fiscal officer and deputy	1649
fiscal officer. The total compensation of both the fiscal officer	1650
and any deputy fiscal officer shall not exceed the sums fixed by	1651
section 507.09 of the Revised Code in any one year.	1652

Sec. 507.12. (A) To enhance the background and working	1653
knowledge of township fiscal officers in government accounting,	1654
budgeting and financing, financial report preparation, and the	1655
rules adopted by the auditor of state, the auditor of state shall	1656
conduct education programs and continuing education courses for	1657
individuals elected or appointed for the first time to the office	1658
of township fiscal officer, and shall conduct continuing education	1659
courses for individuals who continue to hold the office in a	1660
subsequent term. The Ohio township association also may conduct	1661
such initial education programs and continuing education courses	1662
if approved by the auditor of state. The auditor of state, in	1663
conjunction with the Ohio township association, shall determine	1664
the manner and content of the initial education programs and	1665
continuing education courses.	1666

(B) A newly elected or appointed township fiscal officer	1667
shall complete at least six hours of initial education programs	1668
before commencing, or during the first year of, office. A township	1669
fiscal officer who participates in a training program held under	1670
section 117.44 of the Revised Code may apply those hours taken	1671
before commencing office to the six hours of initial education	1672
programs required under this division.	1673

(C)(1) In addition to the six hours of initial education	1674
required under division (B) of this section, a newly elected	1675
township fiscal officer shall complete at least a total of	1676
eighteen continuing education hours during the township fiscal	1677
officer's first term of office.	1678

(2) A township fiscal officer who is elected to a subsequent	1679
term of office shall complete twelve hours of continuing education	1680
courses in each subsequent term of office.	1681

(3) The auditor of state shall adopt rules specifying the	1682
initial education programs and continuing education courses that	1683
are required for a township fiscal officer who has been appointed	1684
to fill a vacancy. The requirements shall be proportionally	1685
equivalent, based on the time remaining in the vacated office, to	1686
the requirements for a newly elected township fiscal officer.	1687

(4) At least two hours of ethics instruction shall be	1688
included in the continuing education hours required by divisions	1689
(C)(1) and (2) of this section.	1690

(5) A township fiscal officer who participates in a training	1691
program or seminar established under section 109.43 of the Revised	1692
Code may apply the three hours of training to the continuing	1693
education hours required by divisions (C)(1) and (2) of this	1694
section.	1695

(D)(1) A certified public accountant who serves as a township	1696
fiscal officer may apply to the continuing education hours	1697
required by division (C) of this section any hours of continuing	1698
education completed under section 4701.11 of the Revised Code	1699
after being elected or appointed as a township fiscal officer.	1700

(2) A township fiscal officer may apply to the continuing	1701
education hours required by division (C) of this section any hours	1702
of continuing education completed under section 135.22 of the	1703
Revised Code after being elected or appointed as a township fiscal	1704
officer.	1705

(3) A township fiscal officer who teaches an approved	1706
continuing education course under division (C) of this section is	1707
entitled to credit for the course in the same manner as if the	1708
township fiscal officer had attended the course.	1709

(E) The auditor of state shall adopt rules for verifying the	1710
completion of initial education programs and continuing education	1711
courses required under this section. The auditor of state shall	1712
issue a certificate of completion to each township fiscal officer	1713
who completes the initial education programs and continuing	1714
education courses. The auditor of state shall issue a "failure to	1715
complete" notice to any township fiscal officer who is required to	1716
complete initial education programs and continuing education	1717
courses under this section, but who fails to do so. The notice is	1718
for informational purposes only and does not affect any	1719
individual's ability to hold the office of township fiscal	1720
officer.	1721

(F) Each board of township trustees shall approve a	1722
reasonable amount requested by the township fiscal officer to	1723
cover the costs the township fiscal officer is required to incur	1724
to meet the requirements of this section, including registration	1725
fees, lodging and meal expenses, and travel expenses.	1726

Sec. 507.13.  (A)(1) If a township fiscal officer purposely,	1727
knowingly, or recklessly fails to perform a fiscal duty expressly	1728
imposed by law with respect to the fiscal duties of the office of	1729
township fiscal officer or purposely, knowingly, or recklessly	1730
commits any act expressly prohibited by law with respect to the	1731
fiscal duties of that office, four residents of the township may	1732
submit sworn affidavits alleging the violation, together with	1733
evidence supporting the allegations, to the auditor of state. The	1734
sworn affidavits and evidence shall be submitted in the format	1735
prescribed by rule of the auditor of state under section 117.45 of	1736
the Revised Code. A person who makes a false statement in a sworn	1737
affidavit, for purposes of this section, is guilty of	1738
falsification under section 2921.13 of the Revised Code.	1739

(2) The auditor of state shall review the sworn affidavits	1740
and the evidence. Within ten business days after receiving the	1741
sworn affidavits, unless, for good cause, additional time is	1742
required, the auditor of state shall determine whether clear and	1743
convincing evidence supports the allegations. If the auditor of	1744
state finds that no allegation is supported by clear and	1745
convincing evidence, the auditor of state shall submit those	1746
findings in writing to the township fiscal officer and the persons	1747
who initiated the sworn affidavits. If the auditor of state finds	1748
by clear and convincing evidence that an allegation is supported	1749
by the evidence, the auditor of state shall submit those findings	1750
in writing to the attorney general, the township fiscal officer,	1751
and the persons who initiated the sworn affidavits. The findings	1752
shall include a copy of the sworn affidavits and the evidence	1753
submitted under division (A)(1) of this section.	1754

(3)(a) The attorney general shall review the auditor of	1755
state's findings and the sworn affidavits and evidence. Within ten	1756
business days after receiving the sworn affidavits and evidence,	1757
unless, for good cause, additional time is required, the attorney	1758
general shall determine whether clear and convincing evidence	1759
supports the allegations. If the attorney general finds that no	1760
allegation is supported by clear and convincing evidence, the	1761
attorney general, by certified mail, shall notify the auditor of	1762
state, the township fiscal officer, and the persons who initiated	1763
the sworn affidavits, that no complaint for the removal of the	1764
township fiscal officer from public office will be filed.	1765

(b) If the attorney general finds by clear and convincing	1766
evidence that an allegation is supported by the evidence, the	1767
attorney general, by certified mail, shall notify the auditor of	1768
state, the township fiscal officer, and the persons who initiated	1769
the sworn affidavits of that fact, and shall commence an action	1770
for the removal of the township fiscal officer from public office	1771
under division (B) of this section.	1772

(c) Nothing in this section is intended to limit the	1773
authority of the attorney general to enter into mediation,	1774
settlement, or resolution of any alleged violation before or	1775
following the commencement of an action under this section.	1776

(B)(1)(a) The attorney general has a cause of action for	1777
removal of a township fiscal officer who purposely, knowingly, or	1778
recklessly fails to perform a fiscal duty expressly imposed by law	1779
with respect to the office of township fiscal officer or	1780
purposely, knowingly, or recklessly commits any act expressly	1781
prohibited by law with respect to the fiscal duties of the office	1782
of township fiscal officer. Not later than forty-five days after	1783
sending a notice under division (A)(3)(b) of this section, the	1784
attorney general shall cause an action to be commenced against the	1785
township fiscal officer by filing a complaint for the removal of	1786
the township fiscal officer from public office. If any money is	1787
due, the attorney general shall join the sureties on the township	1788
fiscal officer's bond as parties. The court of common pleas of the	1789
county in which the township fiscal officer holds office has	1790
exclusive original jurisdiction of the action. The action shall	1791
proceed de novo as in the trial of a civil action. The court is	1792
not restricted to the evidence that was presented to the auditor	1793
of state and the attorney general before the action was filed. The	1794
action is governed by the Rules of Civil Procedure.	1795

(b) If the court finds by clear and convincing evidence that	1796
the township fiscal officer purposely, knowingly, or recklessly	1797
failed to perform a fiscal duty expressly imposed by law with	1798
respect to the fiscal duties of the office of township fiscal	1799
officer or purposely, knowingly, or recklessly committed any act	1800
expressly prohibited by law with respect to the fiscal duties of	1801
that office, the court shall issue an order removing the township	1802
fiscal officer from office and any order necessary for the	1803
preservation or restitution of public funds.	1804

(2) Except as otherwise provided in this division, an action	1805
for removal from office under this section is stayed during the	1806
pendency of any criminal action concerning a violation of an	1807
existing or former municipal ordinance or law of this or any other	1808
state or the United States that is substantially equivalent to any	1809
criminal violation in Title 29 of the Revised Code related to	1810
conduct in office, if the person charged in the criminal action	1811
committed the violation while serving as a township fiscal officer	1812
and the conduct constituting the violation was related to the	1813
duties of the office of fiscal officer or to the person's actions	1814
as the township fiscal officer. The stay may be lifted upon motion	1815
of the prosecuting attorney in the related criminal action.	1816

(3) Prior to or at the hearing, upon a showing of good cause,	1817
the court may issue an order restraining the township fiscal	1818
officer from entering the township fiscal officer's office and	1819
from conducting the affairs of the office pending the hearing on	1820
the complaint. If such an order is issued, the court may continue	1821
the order until the conclusion of the hearing and any appeals	1822
under this section.	1823

(4) The board of township trustees shall be responsible for	1824
the payment of reasonable attorney's fees for counsel for the	1825
township fiscal officer. If judgment is entered against the	1826
township fiscal officer, the court shall order the township fiscal	1827
officer to reimburse the board for attorney's fees and costs up to	1828
a reasonable amount, as determined by the court. Expenses incurred	1829
by the board in a removal action shall be paid out of the township	1830
general fund.	1831

(C) The judgment of the court is final and conclusive unless	1832
reversed, vacated, or modified on appeal. An appeal may be taken	1833
by any party, and shall proceed as in the case of appeals in civil	1834
actions and in accordance with the Rules of Appellate Procedure.	1835
Upon the filing of a notice of appeal by any party to the	1836
proceedings, the court of appeals shall hear the case as an	1837
expedited appeal under Rule 11.2 of the Rules of Appellate	1838
Procedure. The township fiscal officer has the right of review or	1839
appeal to the supreme court.	1840

(D) If a final judgment for removal from public office is	1841
entered against the township fiscal officer, the office shall be	1842
deemed vacated, and the vacancy shall be filled as provided in	1843
section 503.24 of the Revised Code. Except as otherwise provided	1844
by law, an individual removed from public office under this	1845
section is not entitled to hold any public office for four years	1846
following the date of the final judgment, and is not entitled to	1847
hold any public office until any repayment or restitution required	1848
by the court is satisfied.	1849

(E) For the purposes of this section:

1850

(1) A person acts purposely when it is the person's specific	1851
intention to cause a certain result, or, when the gist of the	1852
offense is a prohibition against conduct of a certain nature,	1853
regardless of what the person intends to accomplish thereby, it is	1854
the person's specific intention to engage in conduct of that	1855
nature.	1856

(2) A person acts knowingly, regardless of the person's	1857
purpose, when the person is aware that the person's conduct will	1858
probably cause a certain result or will probably be of a certain	1859
nature. A person has knowledge of circumstances when the person is	1860
aware that such circumstances probably exist.	1861

(3) A person acts recklessly when, with heedless indifference	1862
to the consequences, the person perversely disregards a known risk	1863
that the person's conduct is likely to cause a certain result or	1864
is likely to be of a certain nature. A person is reckless with	1865
respect to circumstances when, with heedless indifference to the	1866
consequences, the person perversely disregards a known risk that	1867
such circumstances are likely to exist.	1868

(F) The proceedings provided for in this section may be used	1869
as an alternative to the removal proceedings prescribed under	1870
sections 3.07 to 3.10 of the Revised Code or other methods of	1871
removal authorized by law.	1872

Sec. 733.78.  (A) As used in this section, "fiscal officer"	1873
means a village fiscal officer, a village clerk-treasurer, a	1874
village clerk, a city auditor, a city treasurer or, in the case of	1875
a municipal corporation having a charter that designates an	1876
officer who, by virtue of the charter, has duties and functions	1877
similar to those of the city or village officers referred to in	1878
this section, the officer so designated by the charter.	1879

(B)(1) If a fiscal officer purposely, knowingly, or	1880
recklessly fails to perform a fiscal duty expressly imposed by law	1881
with respect to the fiscal duties of the office of fiscal officer	1882
or purposely, knowingly, or recklessly commits any act expressly	1883
prohibited by law with respect to the fiscal duties of the office	1884
of fiscal officer, a member of the legislative authority of the	1885
municipal corporation may submit a sworn affidavit alleging the	1886
violation, together with evidence supporting the allegations, to	1887
the auditor of state. The sworn affidavit and evidence shall be	1888
submitted in the format prescribed by rule of the auditor of state	1889
under section 117.45 of the Revised Code. A person who makes a	1890
false statement in a sworn affidavit, for purposes of this	1891
section, is guilty of falsification under section 2921.13 of the	1892
Revised Code.	1893

(2) The auditor of state shall review the sworn affidavit and	1894
the evidence. Within ten business days after receiving the sworn	1895
affidavit and evidence, unless, for good cause, additional time is	1896
required, the auditor of state shall determine whether clear and	1897
convincing evidence supports the allegations. If the auditor of	1898
state finds that no allegation is supported by clear and	1899
convincing evidence, the auditor of state shall submit those	1900
findings in writing to the fiscal officer and the person who	1901
initiated the sworn affidavit. If the auditor of state finds by	1902
clear and convincing evidence that an allegation is supported by	1903
the evidence, the auditor of state shall submit those findings in	1904
writing to the attorney general, the fiscal officer, and the	1905
person who initiated the sworn affidavit. The findings shall	1906
include a copy of the sworn affidavit and the evidence submitted	1907
under division (B)(1) of this section.	1908

(3)(a) The attorney general shall review the auditor of	1909
state's findings and the sworn affidavit and evidence. Within ten	1910
business days after receiving them, unless, for good cause,	1911
additional time is required, the attorney general shall determine	1912
whether clear and convincing evidence supports the allegations. If	1913
the attorney general finds that no allegation is supported by	1914
clear and convincing evidence, the attorney general, by certified	1915
mail, shall notify the auditor of state, the fiscal officer, and	1916
the person who initiated the sworn affidavit that no complaint for	1917
the removal of the fiscal officer from public office will be	1918
filed.	1919

(b) If the attorney general finds by clear and convincing	1920
evidence that an allegation is supported by the evidence, the	1921
attorney general, by certified mail, shall notify the auditor of	1922
state, the fiscal officer, and the person who initiated the sworn	1923
affidavit of that fact, and shall commence an action for the	1924
removal of the fiscal officer from public office under division	1925
(C) of this section.	1926

(c) Nothing in this section is intended to limit the	1927
authority of the attorney general to enter into mediation,	1928
settlement, or resolution of any alleged violation before or	1929
following the commencement of an action under this section.	1930

(C)(1)(a) The attorney general has a cause of action for	1931
removal of a fiscal officer who purposely, knowingly, or	1932
recklessly fails to perform a fiscal duty expressly imposed by law	1933
with respect to the fiscal duties of the office of fiscal officer	1934
or purposely, knowingly, or recklessly commits any act expressly	1935
prohibited by law with respect to the fiscal duties of the office	1936
of fiscal officer. Not later than forty-five days after sending a	1937
notice under division (B)(3)(b) of this section, the attorney	1938
general shall cause an action to be commenced against the fiscal	1939
officer by filing a complaint for the removal of the fiscal	1940
officer from public office. If any money is due, the attorney	1941
general shall join the sureties on the fiscal officer's bond as	1942
parties. The court of common pleas of the county in which the	1943
fiscal officer holds office has exclusive original jurisdiction of	1944
the action. The action shall proceed de novo as in the trial of a	1945
civil action. The court is not restricted to the evidence that was	1946
presented to the auditor of state and the attorney general before	1947
the action was filed. The action is governed by the Rules of Civil	1948
Procedure.	1949

(b) If the court finds by clear and convincing evidence that	1950
the fiscal officer purposely, knowingly, or recklessly failed to	1951
perform a fiscal duty expressly imposed by law with respect to the	1952
fiscal duties of the office of fiscal officer or purposely,	1953
knowingly, or recklessly committed any act expressly prohibited by	1954
law with respect to the fiscal duties of that office, the court	1955
shall issue an order removing the fiscal officer from office and	1956
any order necessary for the preservation or restitution of public	1957
funds.	1958

(2) Except as otherwise provided in this division, an action	1959
for removal from office under this section is stayed during the	1960
pendency of any criminal action concerning a violation of an	1961
existing or former municipal ordinance or law of this or any other	1962
state or the United States that is substantially equivalent to any	1963
criminal violation in Title 29 of the Revised Code related to	1964
conduct in office, if the person charged in the criminal action	1965
committed the violation while serving as a fiscal officer and the	1966
conduct constituting the violation was related to the duties of	1967
the office of fiscal officer or to the person's actions as the	1968
fiscal officer. The stay may be lifted upon motion of the	1969
prosecuting attorney in the related criminal action.	1970

(3) Prior to or at the hearing, upon a showing of good cause,	1971
the court may issue an order restraining the fiscal officer from	1972
entering the fiscal officer's office and from conducting the	1973
affairs of the office pending the hearing on the complaint. If	1974
such an order is issued, the court may continue the order until	1975
the conclusion of the hearing and any appeals under this section.	1976

(4) The legislative authority of the municipal corporation	1977
shall be responsible for the payment of reasonable attorney's fees	1978
for counsel for the fiscal officer. If judgment is entered against	1979
the fiscal officer, the court shall order the fiscal officer to	1980
reimburse the legislative authority for attorney's fees and costs	1981
up to a reasonable amount, as determined by the court.	1982

(D) The judgment of the court is final and conclusive unless	1983
reversed, vacated, or modified on appeal. An appeal may be taken	1984
by any party, and shall proceed as in the case of appeals in civil	1985
actions and in accordance with the Rules of Appellate Procedure.	1986
Upon the filing of a notice of appeal by any party to the	1987
proceedings, the court of appeals shall hear the case as an	1988
expedited appeal under Rule 11.2 of the Rules of Appellate	1989
Procedure. The fiscal officer has the right of review or appeal to	1990
the supreme court.	1991

(E) If a final judgment for removal from public office is	1992
entered against the fiscal officer, the office shall be deemed	1993
vacated, and the vacancy shall be filled as provided in section	1994
733.31 of the Revised Code. Except as otherwise provided by law,	1995
an individual removed from public office under this section is not	1996
entitled to hold any public office for four years following the	1997
date of the final judgment, and is not entitled to hold any public	1998
office until any repayment or restitution required by the court is	1999
satisfied.	2000

(F) If a municipal corporation's charter establishes a	2001
procedure for the removal of officers from office that conflicts	2002
with the removal procedure established by this section, the	2003
procedure for the removal of officers in the charter prevails.	2004

(G) For the purposes of this section:

2005

(1) A person acts purposely when it is the person's specific	2006
intention to cause a certain result, or, when the gist of the	2007
offense is a prohibition against conduct of a certain nature,	2008
regardless of what the person intends to accomplish thereby, it is	2009
the person's specific intention to engage in conduct of that	2010
nature.	2011

(2) A person acts knowingly, regardless of the person's	2012
purpose, when the person is aware that the person's conduct will	2013
probably cause a certain result or will probably be of a certain	2014
nature. A person has knowledge of circumstances when the person is	2015
aware that such circumstances probably exist.	2016

(3) A person acts recklessly when, with heedless indifference	2017
to the consequences, the person perversely disregards a known risk	2018
that the person's conduct is likely to cause a certain result or	2019
is likely to be of a certain nature. A person is reckless with	2020
respect to circumstances when, with heedless indifference to the	2021
consequences, the person perversely disregards a known risk that	2022
such circumstances are likely to exist.	2023

(H) The proceedings provided for in this section may be used	2024
as an alternative to the removal proceedings prescribed under	2025
sections 3.07 to 3.10 of the Revised Code or other methods of	2026
removal authorized by law.	2027

Sec. 733.81. (A) As used in this section, "fiscal officer"	2028
means the city auditor, city treasurer, village fiscal officer,	2029
village clerk-treasurer, village clerk, and, in the case of a	2030
municipal corporation having a charter that designates an officer	2031
who, by virtue of the charter, has duties and functions similar to	2032
those of the city or village officers referred to in this section,	2033
the officer so designated by the charter.	2034

(B) To enhance the background and working knowledge of fiscal	2035
officers in government accounting, budgeting and financing,	2036
financial report preparation, and the rules adopted by the auditor	2037
of state, the auditor of state shall conduct education programs	2038
and continuing education courses for individuals elected or	2039
appointed for the first time to the office of fiscal officer, and	2040
shall conduct continuing education courses for individuals who	2041
continue to hold the office in a subsequent term. The Ohio	2042
municipal league also may conduct such initial education programs	2043
and continuing education courses if approved by the auditor of	2044
state. The auditor of state, in conjunction with the Ohio	2045
municipal league, shall determine the manner and content of the	2046
initial education programs and continuing education courses.	2047

(C) A newly elected or appointed fiscal officer shall	2048
complete at least six hours of initial education programs before	2049
commencing, or during the first year of, office. A fiscal officer	2050
who participates in a training program held under section 117.44	2051
of the Revised Code may apply those hours taken before commencing	2052
office to the six hours of initial education programs required	2053
under this division.	2054

(D)(1) In addition to the six hours of initial education	2055
required under division (B) of this section, a newly elected	2056
fiscal officer shall complete at least a total of eighteen	2057
continuing education hours during the fiscal officer's first term	2058
of office.	2059

(2) A fiscal officer who is elected to a subsequent term of	2060
office shall complete twelve hours of continuing education courses	2061
in each subsequent term of office.	2062

(3) The auditor of state shall adopt rules specifying the	2063
initial education programs and continuing education courses that	2064
are required for a fiscal officer who has been appointed to fill a	2065
vacancy. The requirements shall be proportionally equivalent,	2066
based on the time remaining in the vacated office, to the	2067
requirements for a newly elected fiscal officer.	2068

(4) At least two hours of ethics instruction shall be	2069
included in the continuing education hours required by divisions	2070
(D)(1) and (2) of this section.	2071

(5) A fiscal officer who participates in a training program	2072
or seminar established under section 109.43 of the Revised Code	2073
may apply the three hours of training to the continuing education	2074
hours required by divisions (D)(1) and (2) of this section.	2075

(E)(1) A certified public accountant who serves as a fiscal	2076
officer may apply to the continuing education hours required by	2077
division (D) of this section any hours of continuing education	2078
completed under section 4701.11 of the Revised Code after being	2079
elected or appointed as a fiscal officer.	2080

(2) A fiscal officer may apply to the continuing education	2081
hours required by division (D) of this section any hours of	2082
continuing education completed under section 135.22 of the Revised	2083
Code after being elected or appointed as a fiscal officer.	2084

(3) A fiscal officer who teaches an approved continuing	2085
education course under division (D) of this section is entitled to	2086
credit for the course in the same manner as if the fiscal officer	2087
had attended the course.	2088

(F) The auditor of state shall adopt rules for verifying the	2089
completion of initial education programs and continuing education	2090
courses required under this section for each category of fiscal	2091
officer. The auditor of state shall issue a certificate of	2092
completion to each fiscal officer who completes the initial	2093
education programs and continuing education courses. The auditor	2094
of state shall issue a "failure to complete" notice to any fiscal	2095
officer who is required to complete initial education programs and	2096
continuing education courses under this section, but who fails to	2097
do so. The notice is for informational purposes only and does not	2098
affect any individual's ability to hold the office to which the	2099
individual was elected or appointed.	2100

(G) The legislative authority of a municipal corporation	2101
shall approve a reasonable amount requested by the fiscal officer	2102
to cover the costs the fiscal officer is required to incur to meet	2103
the requirements of this section, including registration fees,	2104
lodging and meal expenses, and travel expenses.	2105

Sec. 2921.13.  (A) No person shall knowingly make a false	2106
statement, or knowingly swear or affirm the truth of a false	2107
statement previously made, when any of the following applies:	2108

(1) The statement is made in any official proceeding.

2109

(2) The statement is made with purpose to incriminate	2110
another.	2111

(3) The statement is made with purpose to mislead a public	2112
official in performing the public official's official function.	2113

(4) The statement is made with purpose to secure the payment	2114
of unemployment compensation; Ohio works first; prevention,	2115
retention, and contingency benefits and services; disability	2116
financial assistance; retirement benefits or health care coverage	2117
from a state retirement system; economic development assistance,	2118
as defined in section 9.66 of the Revised Code; or other benefits	2119
administered by a governmental agency or paid out of a public	2120
treasury.	2121

(5) The statement is made with purpose to secure the issuance	2122
by a governmental agency of a license, permit, authorization,	2123
certificate, registration, release, or provider agreement.	2124

(6) The statement is sworn or affirmed before a notary public	2125
or another person empowered to administer oaths.	2126

(7) The statement is in writing on or in connection with a	2127
report or return that is required or authorized by law.	2128

(8) The statement is in writing and is made with purpose to	2129
induce another to extend credit to or employ the offender, to	2130
confer any degree, diploma, certificate of attainment, award of	2131
excellence, or honor on the offender, or to extend to or bestow	2132
upon the offender any other valuable benefit or distinction, when	2133
the person to whom the statement is directed relies upon it to	2134
that person's detriment.	2135

(9) The statement is made with purpose to commit or	2136
facilitate the commission of a theft offense.	2137

(10) The statement is knowingly made to a probate court in	2138
connection with any action, proceeding, or other matter within its	2139
jurisdiction, either orally or in a written document, including,	2140
but not limited to, an application, petition, complaint, or other	2141
pleading, or an inventory, account, or report.	2142

(11) The statement is made on an account, form, record,	2143
stamp, label, or other writing that is required by law.	2144

(12) The statement is made in connection with the purchase of	2145
a firearm, as defined in section 2923.11 of the Revised Code, and	2146
in conjunction with the furnishing to the seller of the firearm of	2147
a fictitious or altered driver's or commercial driver's license or	2148
permit, a fictitious or altered identification card, or any other	2149
document that contains false information about the purchaser's	2150
identity.	2151

(13) The statement is made in a document or instrument of	2152
writing that purports to be a judgment, lien, or claim of	2153
indebtedness and is filed or recorded with the secretary of state,	2154
a county recorder, or the clerk of a court of record.	2155

(14) The statement is made in an application filed with a	2156
county sheriff pursuant to section 2923.125 of the Revised Code in	2157
order to obtain or renew a concealed handgun license or is made in	2158
an affidavit submitted to a county sheriff to obtain a concealed	2159
handgun license on a temporary emergency basis under section	2160
2923.1213 of the Revised Code.	2161

(15) The statement is required under section 5743.71 of the	2162
Revised Code in connection with the person's purchase of	2163
cigarettes or tobacco products in a delivery sale.	2164

(B) No person, in connection with the purchase of a firearm,	2165
as defined in section 2923.11 of the Revised Code, shall knowingly	2166
furnish to the seller of the firearm a fictitious or altered	2167
driver's or commercial driver's license or permit, a fictitious or	2168
altered identification card, or any other document that contains	2169
false information about the purchaser's identity.	2170

(C) No person, in an attempt to obtain a concealed handgun	2171
license under section 2923.125 of the Revised Code, shall	2172
knowingly present to a sheriff a fictitious or altered document	2173
that purports to be certification of the person's competence in	2174
handling a handgun as described in division (B)(3) of that	2175
section.	2176

(D) It is no defense to a charge under division (A)(6) of	2177
this section that the oath or affirmation was administered or	2178
taken in an irregular manner.	2179

(E) If contradictory statements relating to the same fact are	2180
made by the offender within the period of the statute of	2181
limitations for falsification, it is not necessary for the	2182
prosecution to prove which statement was false but only that one	2183
or the other was false.	2184

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	2185
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	2186
of falsification,. Except as otherwise provided in this division,	2187
falsification is a misdemeanor of the first degree.	2188

(2) Whoever violates division (A)(9) of this section is	2189
guilty of falsification in a theft offense. Except as otherwise	2190
provided in this division, falsification in a theft offense is a	2191
misdemeanor of the first degree. If the value of the property or	2192
services stolen is one thousand dollars or more and is less than	2193
seven thousand five hundred dollars, falsification in a theft	2194
offense is a felony of the fifth degree. If the value of the	2195
property or services stolen is seven thousand five hundred dollars	2196
or more and is less than one hundred fifty thousand dollars,	2197
falsification in a theft offense is a felony of the fourth degree.	2198
If the value of the property or services stolen is one hundred	2199
fifty thousand dollars or more, falsification in a theft offense	2200
is a felony of the third degree.	2201

(3) Whoever violates division (A)(12) or (B) of this section	2202
is guilty of falsification to purchase a firearm, a felony of the	2203
fifth degree.	2204

(4) Whoever violates division (A)(14) or (C) of this section	2205
is guilty of falsification to obtain a concealed handgun license,	2206
a felony of the fourth degree.	2207

(5) Whoever violates division (A) of this section in removal	2208
proceedings under section 319.26, 321.37, 507.13, or 733.78 of the	2209
Revised Code is guilty of falsification regarding a removal	2210
proceeding, a felony of the third degree.	2211

(G) A person who violates this section is liable in a civil	2212
action to any person harmed by the violation for injury, death, or	2213
loss to person or property incurred as a result of the commission	2214
of the offense and for reasonable attorney's fees, court costs,	2215
and other expenses incurred as a result of prosecuting the civil	2216
action commenced under this division. A civil action under this	2217
division is not the exclusive remedy of a person who incurs	2218
injury, death, or loss to person or property as a result of a	2219
violation of this section.	2220

Sec. 2921.44.  (A) No law enforcement officer shall	2221
negligently do any of the following:	2222

(1) Fail to serve a lawful warrant without delay;

2223

(2) Fail to prevent or halt the commission of an offense or	2224
to apprehend an offender, when it is in the law enforcement	2225
officer's power to do so alone or with available assistance.	2226

(B) No law enforcement, ministerial, or judicial officer	2227
shall negligently fail to perform a lawful duty in a criminal case	2228
or proceeding.	2229

(C) No officer, having charge of a detention facility, shall	2230
negligently do any of the following:	2231

(1) Allow the detention facility to become littered or	2232
unsanitary;	2233

(2) Fail to provide persons confined in the detention	2234
facility with adequate food, clothing, bedding, shelter, and	2235
medical attention;	2236

(3) Fail to control an unruly prisoner, or to prevent	2237
intimidation of or physical harm to a prisoner by another;	2238

(4) Allow a prisoner to escape;

2239

(5) Fail to observe any lawful and reasonable regulation for	2240
the management of the detention facility.	2241

(D) No public official of the state shall recklessly create a	2242
deficiency, incur a liability, or expend a greater sum than is	2243
appropriated by the general assembly for the use in any one year	2244
of the department, agency, or institution of the state with which	2245
the public official is connected.	2246

(E) No public servant shall recklessly fail to perform a duty	2247
expressly imposed by law with respect to the public servant's	2248
office, or recklessly do any act expressly forbidden by law with	2249
respect to the public servant's office.	2250

(F) Whoever violates this section is guilty of dereliction of	2251
duty, a misdemeanor of the second degree.	2252

(G) Except as otherwise provided by law, a public servant who	2253
is a county treasurer; county auditor; township fiscal officer;	2254
city auditor; city treasurer; village fiscal officer; village	2255
clerk-treasurer; village clerk; in the case of a municipal	2256
corporation having a charter that designates an officer who, by	2257
virtue of the charter, has duties and functions similar to those	2258
of the city or village officers referred to in this section, the	2259
officer so designated by the charter; school district treasurer;	2260
fiscal officer of a community school established under Chapter	2261
3314. of the Revised Code; treasurer of a science, technology,	2262
engineering, and mathematics school established under Chapter	2263
3326. of the Revised Code; or fiscal officer of a	2264
college-preparatory boarding school established under Chapter	2265
3328. of the Revised Code and is convicted of or pleads guilty to	2266
dereliction of duty is disqualified from holding any public	2267
office, employment, or position of trust in this state for four	2268
years following the date of conviction or of entry of the plea,	2269
and is not entitled to hold any public office until any repayment	2270
or restitution required by the court is satisfied.	2271

(H) As used in this section, "public servant" includes anthe	2272
following:	2273

(1) An officer or employee of a contractor as defined in	2274
section 9.08 of the Revised Code;	2275

(2) A fiscal officer employed by the operator of a community	2276
school established under Chapter 3314. of the Revised Code or by	2277
the operator of a college-preparatory boarding school established	2278
under Chapter 3328. of the Revised Code.	2279

Sec. 3313.30. (A) If the auditor of state or a public	2280
accountant, under section 117.41 of the Revised Code, declares a	2281
school district to be unauditable, the auditor of state shall	2282
provide written notification of that declaration to the district	2283
and the department of education. The auditor of state also shall	2284
post the notification on the auditor of state's web site.	2285

(B) If the district's current treasurer held that position	2286
during the period for which the district is unauditable, upon	2287
receipt of the notification under division (A) of this section,	2288
the district board of education shall suspend the treasurer until	2289
the auditor of state or a public accountant has completed an audit	2290
of the district. Suspension of the treasurer may be with or	2291
without pay, as determined by the district board based on the	2292
circumstances that prompted the auditor of state's declaration.	2293
The district board shall appoint a person to assume the duties of	2294
the treasurer during the period of the suspension. If the	2295
appointee is not licensed as a treasurer under section 3301.074 of	2296
the Revised Code, the appointee shall be approved by the	2297
superintendent of public instruction before assuming the duties of	2298
the treasurer. The state board of education may take action under	2299
section 3319.31 of the Revised Code to suspend, revoke, or limit	2300
the license of a treasurer who has been suspended under this	2301
division.	2302

(C) Not later than forty-five days after receiving the	2303
notification under division (A) of this section, the district	2304
board shall provide a written response to the auditor of state.	2305
The response shall include the following:	2306

(1) An overview of the process the district board will use to	2307
review and understand the circumstances that led to the district	2308
becoming unauditable;	2309

(2) A plan for providing the auditor of state with the	2310
documentation necessary to complete an audit of the district and	2311
for ensuring that all financial documents are available in the	2312
future;	2313

(3) The actions the district board will take to ensure that	2314
the plan described in division (C)(2) of this section is	2315
implemented.	2316

(D) If the school district fails to make reasonable efforts	2317
and continuing progress to bring its accounts, records, files, or	2318
reports into an auditable condition within ninety days after being	2319
declared unauditable, the auditor of state, in addition to	2320
requesting legal action under sections 117.41 and 117.42 of the	2321
Revised Code, shall notify the district and the department of the	2322
district's failure. If the auditor of state or a public accountant	2323
subsequently is able to complete a financial audit of the	2324
district, the auditor of state shall notify the district and the	2325
department that the audit has been completed.	2326

(E) Notwithstanding any provision to the contrary in Chapter	2327
3317. of the Revised Code or in any other provision of law, upon	2328
notification by the auditor of state under division (D) of this	2329
section that the district has failed to make reasonable efforts	2330
and continuing progress to bring its accounts, records, files, or	2331
reports into an auditable condition, the department shall	2332
immediately cease all payments to the district under Chapter 3317.	2333
of the Revised Code and any other provision of law. Upon	2334
subsequent notification from the auditor of state under that	2335
division that the auditor of state or a public accountant was able	2336
to complete a financial audit of the district, the department	2337
shall release all funds withheld from the district under this	2338
section.	2339

Sec. 3314.023. In order to provide monitoring and technical	2340
assistance, a representative of the sponsor of a community school	2341
shall meet with the governing authority or treasurerfiscal	2342
officer of the school and shall review the financial and	2343
enrollment records of the school at least once every month. Not	2344
later than ten days after each review, the sponsor shall provide	2345
the governing authority and fiscal officer with a written report	2346
regarding the review.	2347

Sec. 3314.50.  No community school shall, on or after the	2348
effective date of this section, open for operation in any school	2349
year unless the governing authority of the school has posted a	2350
surety bond in the amount of fifty thousand dollars with the	2351
auditor of state. In lieu of a surety bond, a community school	2352
governing authority may deposit with the auditor of state cash in	2353
the amount of fifty thousand dollars as a guarantee of payment.	2354
The bond or cash guarantee shall be used, in the event the school	2355
closes, to pay the auditor of state any moneys owed by the school	2356
for the costs of audits conducted by the auditor of state or a	2357
public accountant under Chapter 117. of the Revised Code.	2358

Immediately upon the filing of a surety bond or the deposit	2359
of cash, the auditor of state shall deliver the bond or cash to	2360
the treasurer of state, who shall hold it in trust for the	2361
purposes prescribed in this section. The treasurer of state shall	2362
be responsible for the safekeeping of all surety bonds filed or	2363
cash deposited under this section. The auditor of state shall	2364
notify the department of education when the school's governing	2365
authority has filed the bond or deposited the cash guarantee.	2366

When the auditor of state finds that a community school has	2367
closed and cannot pay for the costs of audits, the auditor of	2368
state shall declare the surety bond or cash deposit forfeited. The	2369
auditor of state shall certify the amount of forfeiture to the	2370
treasurer of state, who shall pay money from the named surety or	2371
from the school's cash deposit as needed to reimburse the auditor	2372
of state or public accountant for costs incurred in conducting	2373
audits of the school.	2374

Sec. 267.50.70.        Sec. 3314.51. UNAUDITABLE COMMUNITY SCHOOL(A)

2375

(A) If the Auditorauditor of Statestate or a public	2376
accountant, pursuant tounder section 117.41 of the Revised Code,	2377
declares a community school established under Chapter 3314. of	2378
the Revised Code to be unauditable, the Auditorauditor of State	2379
state shall provide written notification of that declaration to	2380
the school, the school's sponsor, and the Departmentdepartment of	2381
Educationeducation. The Auditorauditor of Statestate also	2382
shall post the notification on the Auditorauditor of State's	2383
state's web site.	2384

(B) If the community school's current fiscal officer held	2385
that position during the period for which the school is	2386
unauditable, upon receipt of the notification under division (A)	2387
of this section, the governing authority of the school shall	2388
suspend the fiscal officer until the auditor of state or a public	2389
accountant has completed an audit of the school, except that if	2390
the school has an operator and the operator employs the fiscal	2391
officer, the operator shall suspend the fiscal officer for that	2392
period. Suspension of the fiscal officer may be with or without	2393
pay, as determined by the entity imposing the suspension based on	2394
the circumstances that prompted the auditor of state's	2395
declaration. The entity imposing the suspension shall appoint a	2396
person to assume the duties of the fiscal officer during the	2397
period of the suspension. If the appointee is not licensed as a	2398
treasurer under section 3301.074 of the Revised Code, the	2399
appointee shall be approved by the superintendent of public	2400
instruction before assuming the duties of the fiscal officer. The	2401
state board of education may take action under section 3319.31 of	2402
the Revised Code to suspend, revoke, or limit the license of a	2403
fiscal officer who has been suspended under this division.	2404

(C) Notwithstanding any provision to the contrary in Chapter	2405
3314. of the Revised Codethis chapter or in any other provision	2406
of law, athe sponsor of athe community school that is notified	2407
by the Auditor of State under division (A) of this section that a	2408
community school it sponsors is unauditable shall not enter into	2409
contracts with any additional community schools under section	2410
3314.03 of the Revised Code untilbetween ninety days after the	2411
date of the declaration under division (A) of this section and the	2412
date the Auditorauditor of Statestate or a public accountant has	2413
completed a financial audit of thatthe school.	2414

(C)(D) Not later than forty-five days after receiving the	2415
notification by the Auditor of State under division (A) of this	2416
section that a community school is unauditable, the sponsor of the	2417
community school shall provide a written response to the Auditor	2418
auditor of Statestate. The sponsor shall provide a copy of the	2419
response to the community school. The response shall include the	2420
following:	2421

(1) An overview of the process the sponsor will use to review	2422
and understand the circumstances that led to the community school	2423
becoming unauditable;	2424

(2) A plan for providing the Auditorauditor of Statestate	2425
with the documentation necessary to complete an audit of the	2426
community school and for ensuring that all financial documents are	2427
available in the future;	2428

(3) The actions the sponsor will take to ensure that the plan	2429
described in division (C)(D)(2) of this section is implemented.	2430

(D)(E) If athe community school fails to make reasonable	2431
efforts and continuing progress to bring its accounts, records,	2432
files, or reports into an auditable condition within ninety days	2433
after being declared unauditable, the Auditorauditor of State	2434
state, in addition to requesting legal action under sections	2435
117.41 and 117.42 of the Revised Code, shall notify the Department	2436
school's sponsor and the department of the school's failure. If	2437
the Auditorauditor of Statestate or a public accountant	2438
subsequently is able to complete a financial audit of the school,	2439
the Auditorauditor of Statestate shall notify the Department	2440
school's sponsor and the department that the audit has been	2441
completed.	2442

(E)(F) Notwithstanding any provision to the contrary in	2443
Chapter 3314. of the Revised Codethis chapter or in any other	2444
provision of law, upon notification by the Auditorauditor of	2445
Statestate under division (D)(E) of this section that athe	2446
community school has failed to make reasonable efforts and	2447
continuing progress to bring its accounts, records, files, or	2448
reports into an auditable condition following a declaration that	2449
the school is unauditable, the Departmentdepartment shall	2450
immediately cease all payments to the school under Chapter 3314.	2451
of the Revised Codethis chapter and any other provision of law.	2452
Upon subsequent notification from the Auditorauditor of State	2453
state under that division that the Auditorauditor of Statestate	2454
or a public accountant was able to complete a financial audit of	2455
the community school, the Departmentdepartment shall release all	2456
funds withheld from the school under this section.	2457

Sec. 3326.211. (A) If the auditor of state or a public	2458
accountant, pursuant to section 117.41 of the Revised Code,	2459
declares a science, technology, engineering, and mathematics	2460
school to be unauditable, the auditor of state shall provide	2461
written notification of that declaration to the school and the	2462
department of education. The auditor of state also shall post the	2463
notification on the auditor of state's web site.	2464

(B) If the STEM school's current treasurer held that position	2465
during the period for which the school is unauditable, upon	2466
receipt of the notification under division (A) of this section,	2467
the governing body of the school shall suspend the treasurer until	2468
the auditor of state or a public accountant has completed an audit	2469
of the school. Suspension of the treasurer may be with or without	2470
pay, as determined by the governing body based on the	2471
circumstances that prompted the auditor of state's declaration.	2472
The governing body shall appoint a person to assume the duties of	2473
the treasurer during the period of the suspension. If the	2474
appointee is not licensed as a treasurer under section 3301.074 of	2475
the Revised Code, the appointee shall be approved by the	2476
superintendent of public instruction before assuming the duties of	2477
the treasurer. The state board of education may take action under	2478
section 3319.31 of the Revised Code to suspend, revoke, or limit	2479
the license of a treasurer who has been suspended under this	2480
division.	2481

(C) Not later than forty-five days after receiving the	2482
notification under division (A) of this section, the governing	2483
body of the STEM school shall provide a written response to the	2484
auditor of state. The response shall include the following:	2485

(1) An overview of the process the governing body will use to	2486
review and understand the circumstances that led to the school	2487
becoming unauditable;	2488

(2) A plan for providing the auditor of state with the	2489
documentation necessary to complete an audit of the school and for	2490
ensuring that all financial documents are available in the future;	2491

(3) The actions the governing body will take to ensure that	2492
the plan described in division (C)(2) of this section is	2493
implemented.	2494

(D) If the STEM school fails to make reasonable efforts and	2495
continuing progress to bring its accounts, records, files, or	2496
reports into an auditable condition within ninety days after being	2497
declared unauditable, the auditor of state, in addition to	2498
requesting legal action under sections 117.41 and 117.42 of the	2499
Revised Code, shall notify the school and the department of the	2500
school's failure. If the auditor of state or a public accountant	2501
subsequently is able to complete a financial audit of the school,	2502
the auditor of state shall notify the school and the department	2503
that the audit has been completed.	2504

(E) Notwithstanding any provision to the contrary in this	2505
chapter or in any other provision of law, upon notification by the	2506
auditor of state under division (D) of this section that the STEM	2507
school has failed to make reasonable efforts and continuing	2508
progress to bring its accounts, records, files, or reports into an	2509
auditable condition, the department shall immediately cease all	2510
payments to the school under this chapter and any other provision	2511
of law. Upon subsequent notification from the auditor of state	2512
under that division that the auditor of state or a public	2513
accountant was able to complete a financial audit of the school,	2514
the department shall release all funds withheld from the school	2515
under this section.	2516

Sec. 3328.16.  (A) Each college-preparatory boarding school	2517
established under this chapter shall have a designated fiscal	2518
officer. The auditor of state may require by rule that the fiscal	2519
officer of any college-preparatory boarding school, before	2520
entering upon duties as fiscal officer, execute a bond in an	2521
amount and with surety to be approved by the school's board of	2522
trustees, payable to the state, conditioned for the faithful	2523
performance of all the official duties required of the fiscal	2524
officer. Any such bond shall be deposited with the school's board	2525
of trustees, and a copy of the bond shall be certified by the	2526
board and filed with the county auditor.	2527

(B) Before assuming the duties of fiscal officer, the fiscal	2528
officer designated under this section shall be licensed as a	2529
treasurer under section 3301.074 of the Revised Code. No	2530
college-preparatory boarding school shall allow a person to serve	2531
as fiscal officer who is not licensed as required by this	2532
division.	2533

Sec. 3328.37.  (A) If the auditor of state or a public	2534
accountant, under section 117.41 of the Revised Code, declares a	2535
college-preparatory boarding school established under this chapter	2536
to be unauditable, the auditor of state shall provide written	2537
notification of that declaration to the school and the department	2538
of education. The auditor of state also shall post the	2539
notification on the auditor of state's web site.	2540

(B) If the college-preparatory boarding school's current	2541
fiscal officer held that position during the period for which the	2542
school is unauditable, upon receipt of the notification under	2543
division (A) of this section, the board of trustees of the school	2544
shall suspend the fiscal officer until the auditor of state or a	2545
public accountant has completed an audit of the school, except	2546
that if the fiscal officer is employed by the school's operator,	2547
the operator shall suspend the fiscal officer for that period.	2548
Suspension of the fiscal officer may be with or without pay, as	2549
determined by the entity imposing the suspension based on the	2550
circumstances that prompted the auditor of state's declaration.	2551
The entity imposing the suspension shall appoint a person to	2552
assume the duties of the fiscal officer during the period of the	2553
suspension. If the appointee is not licensed as a treasurer under	2554
section 3301.074 of the Revised Code, the appointee shall be	2555
approved by the superintendent of public instruction before	2556
assuming the duties of the fiscal officer. The state board of	2557
education may take action under section 3319.31 of the Revised	2558
Code to suspend, revoke, or limit the license of a fiscal officer	2559
who has been suspended under this division.	2560

(C) Not later than forty-five days after receiving the	2561
notification under division (A) of this section, the board of	2562
trustees of the college-preparatory boarding school shall provide	2563
a written response to the auditor of state. The response shall	2564
include the following:	2565

(1) An overview of the process the board will use to review	2566
and understand the circumstances that led to the school becoming	2567
unauditable;	2568

(2) A plan for providing the auditor of state with the	2569
documentation necessary to complete an audit of the school and for	2570
ensuring that all financial documents are available in the future;	2571

(3) The actions the board will take to ensure that the plan	2572
described in division (C)(2) of this section is implemented.	2573

(D) If the college-preparatory boarding school fails to make	2574
reasonable efforts and continuing progress to bring its accounts,	2575
records, files, or reports into an auditable condition within	2576
ninety days after being declared unauditable, the auditor of	2577
state, in addition to requesting legal action under sections	2578
117.41 and 117.42 of the Revised Code, shall notify the school and	2579
the department of the school's failure. If the auditor of state or	2580
a public accountant subsequently is able to complete a financial	2581
audit of the school, the auditor of state shall notify the school	2582
and the department that the audit has been completed.	2583

(E) Notwithstanding any provision to the contrary in this	2584
chapter or in any other provision of law, upon notification by the	2585
auditor of state under division (D) of this section that the	2586
college-preparatory boarding school has failed to make reasonable	2587
efforts and continuing progress to bring its accounts, records,	2588
files, or reports into an auditable condition, the department	2589
shall immediately cease all payments to the school under this	2590
chapter and any other provision of law. Upon subsequent	2591
notification from the auditor of state under that division that	2592
the auditor of state or a public accountant was able to complete a	2593
financial audit of the school, the department shall release all	2594
funds withheld from the school under this section.	2595

Sec. 5101.09.  (A) When the director of job and family	2596
services is authorized by the Revised Code to adopt a rule, the	2597
director shall adopt the rule in accordance with the following:	2598

(1) Chapter 119. of the Revised Code if any of the following	2599
apply:	2600

(a) The rule concerns the administration or enforcement of	2601
Chapter 4141. of the Revised Code;	2602

(b) The rule concerns a program administered by the	2603
department of job and family services, unless the statute	2604
authorizing the rule requires that it be adopted in accordance	2605
with section 111.15 of the Revised Code;	2606

(c) The statute authorizing the rule requires that the rule	2607
be adopted in accordance with Chapter 119. of the Revised Code.	2608

(2) Section 111.15 of the Revised Code, excluding divisions	2609
division (D) and (E) of that section, if either of the following	2610
apply:	2611

(a) The rule concerns the day-to-day staff procedures and	2612
operations of the department or financial and operational matters	2613
between the department and another government entity or a private	2614
entity receiving a grant from the department, unless the statute	2615
authorizing the rule requires that it be adopted in accordance	2616
with Chapter 119. of the Revised Code;	2617

(b) The statute authorizing the rule requires that the rule	2618
be adopted in accordance with section 111.15 of the Revised Code	2619
and, by the terms of division (D) of that section, division (D) of	2620
that section does not apply to the rule.	2621

(3) Section 111.15 of the Revised Code, including divisions	2622
division (D) and (E) of that section, if the statute authorizing	2623
the rule requires that the rule be adopted in accordance with that	2624
section and the rule is not exempt from the application of	2625
division (D) of that section.	2626

(B) Except as otherwise required by the Revised Code, the	2627
adoption of a rule in accordance with Chapter 119. of the Revised	2628
Code does not make the department of job and family services, a	2629
county family services agency, or a workforce development agency	2630
subject to the notice, hearing, or other requirements of sections	2631
119.06 to 119.13 of the Revised Code. As used in this division,	2632
"workforce development agency" has the same meaning as in section	2633
6301.01 of the Revised Code.	2634

Sec. 5713.012.  (A) For purposes of this section:

2635

(1) "Mass appraisal project" means any sexennial reappraisal,	2636
triennial update, or other revaluation of all real property or the	2637
valuation of newly constructed real property in accordance with	2638
section 5713.01 of the Revised Code.	2639

(2) "Qualified project manager" means a person who plans,	2640
manages, coordinates, and controls the execution of a mass	2641
appraisal project under the direction of the county auditor and	2642
who has all of the following qualifications:	2643

(a) Has passed a comprehensive final examination that	2644
corresponds to a course, approved by the superintendent of real	2645
estate and professional licensing, that consists of at least	2646
thirty hours of instruction, quizzes, and learning aids. The	2647
superintendent shall not approve a course under this division that	2648
does not address the following topics in both the instruction and	2649
the examination:	2650

(i) Concepts and principles of mass appraisal as they relate	2651
to the assessment of real property for the purposes of ad valorem	2652
taxation;	2653

(ii) Methods of data collection and data management relative	2654
to parcels of real property, including modern alternative data	2655
collection methods and currently utilized computer-assisted mass	2656
appraisal systems;	2657

(iii) Assessment sales-ratio study including various measures	2658
of central tendency, the various measures of dispersion of data	2659
about the mean, median, and dollar-weighted mean, and the	2660
advantages and disadvantages of various analysis techniques;	2661

(iv) Traditional approaches of property valuation, including	2662
the cost approach, the sales comparison approach, and the income	2663
approach, as they are implemented in a mass appraisal project;	2664

(v) Methods and systems for model building and model	2665
calibration as related to mass appraisal of real property;	2666

(vi) Methods of production management and project analysis	2667
such as Gantt charts, program evaluation and review technique	2668
(PERT) charts, frequency distribution charts, line graphs, bar	2669
charts, and scatter diagrams, as they are utilized in the mass	2670
appraisal area.	2671

(b) Has completed at least seven hours of continuing	2672
education courses in real property or mass appraisal during the	2673
two-year period immediately succeeding the year in which the	2674
person passed the examination required in division (A)(2)(a) of	2675
this section, and during each two-year period thereafter.	2676

(B)(1) The county auditor, in acting as the assessor of all	2677
real property in the auditor's county for taxation purposes in	2678
accordance with section 5713.01 of the Revised Code, shall involve	2679
at least one qualified project manager in each mass appraisal	2680
project that originates more than two years after the effective	2681
date of the enactment of this section by H.B. 487 of the 129th	2682
general assembly, September 10, 2012.	2683

(2) The tax commissioner, beginning two years after the	2684
effective date of the enactment of this section by H.B. 487 of the	2685
129th general assembly, September 10, 2012, shall not approve any	2686
contract entered into by the auditor under division (E) of section	2687
5713.01 of the Revised Code with a person to do all or any part of	2688
the work necessary to the performance of the auditor's duties as	2689
assessor unless that person designates an officer or employee of	2690
that person, with the appropriate credentials, to act as a	2691
qualified project manager.	2692

(3) The tax commissioner, beginning two years after the	2693
effective date of the enactment of this section by H.B. 487 of the	2694
129th general assembly, September 10, 2012, shall not include any	2695
person that has not designated an officer or employee, with the	2696
appropriate credentials, to act as a qualified project manager on	2697
a list generated by the commissioner for either of the following	2698
purposes:	2699

(a) To assist county auditors in selecting a person to do all	2700
or any part of the work necessary to the performance of the	2701
auditor's duties as assessor of all real property under section	2702
5713.01 of the Revised Code;	2703

(b) To assist the commissioner in the consideration of	2704
whether to approve or disapprove the auditor's application	2705
requesting authority to employ an appraisal firm or individual	2706
appraiser.	2707

(C) The superintendent of real estate and professional	2708
licensing shall adopt reasonable rules in accordance with Chapter	2709
119. of the Revised Code necessary for the implementation of this	2710
section, including rules establishing both of the following:	2711

(1) The form and manner by which persons may apply to the	2712
superintendent to offer a thirty-hour course or continuing	2713
education course as described in division (A)(2) of this section;	2714

(2) Standards to be used by the superintendent in approving a	2715
thirty-hour course or continuing education course described in	2716
division (A)(2) of this section.	2717

Section 2.  That existing sections 3.16, 101.35, 103.0511,	2718
106.02, 106.022, 106.023, 106.031, 106.05, 119.03, 121.83, 135.02,	2719
305.03, 319.04, 319.26, 321.37, 321.46, 507.02, 2921.13, 2921.44,	2720
3314.023, 5101.09, and 5713.012 and sections 319.25 and 321.38 of	2721
the Revised Code are hereby repealed.	2722

That existing Section 267.50.70 of Am. Sub. H.B. 153 of the	2723
129th General Assembly is hereby repealed.	2724

Section 3.  Section 2921.13 of the Revised Code is presented	2725
in this act as a composite of the section as amended by both Am.	2726
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly. The	2727
General Assembly, applying the principle stated in division (B) of	2728
section 1.52 of the Revised Code that amendments are to be	2729
harmonized if reasonably capable of simultaneous operation, finds	2730
that the composite is the resulting version of the section in	2731
effect prior to the effective date of the section as presented in	2732
this act.	2733