Ohio Revised Code Search
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Section 2329.153 | Official public sheriff sale web site; integrated auction management system.
... electronic mail notifications, maximum bid limits, automatic incremental bidding, and search and map features that allow users to search by county, zip code, address, parcel number, appraised value, party name, case number, and other variables relevant to the judicial sale of real property. As used in this section, "financial transaction device" has the same meaning as in section 301.28 of the Revised Code. (6) The... |
Section 5537.07 | Bidding process for contracts exceeding $50,000.
...ission may reject any and all bids. The requirements of this division do not apply to contracts for the acquisition of real property or compensation for professional or other personal services. (B) Each bid for a contract for construction, demolition, alteration, repair, improvement, renovation, or reconstruction shall contain the full name of every person interested in it and shall meet the requirements of sectio... |
Section 1710.02 | Creation and organization.
...be made without advertising, receipt of bids, or other competitive bidding procedures applicable to the participating political subdivision or the special improvement district under Chapter 153. or 735. or section 1710.11 of the Revised Code or other representative provisions of the Revised Code. (H) The owner of real property that is part of a planned community or a condominium development is deemed to have signe... |
Section 4582.06 | Port authority powers and duties.
... notice, any requirement of competitive bidding or selection, or any requirement for the provision of security. (c) Divisions (A)(6)(a) and (b) of this section do not apply to either of the following: (i) Any contract secured by or to be paid from moneys raised by taxation or the proceeds of obligations secured by a pledge of moneys raised by taxation; (ii) Any contract secured exclusively by or to be paid excl... |
Section 123.01 | Powers and duties.
...f cost with sufficient detail to afford bidders all needed information or, alternatively, all of the following plans, details, bills of materials, and specifications: (i) Full and accurate plans suitable for the use of mechanics and other builders in the improvement; (ii) Details to scale and full sized, so drawn and represented as to be easily understood; (iii) Accurate bills showing the exact quantity of d... |
Section 1513.37 | Abandoned mine reclamation fund.
...blic sale under a system of competitive bidding at not less than fair market value and under other requirements imposed by rule to ensure that the lands are put to proper use consistent with local and state land use plans, if any, as determined by the chief. (b) The chief, when requested, and after appropriate public notice, shall hold a public meeting in the county, counties, or other appropriate political subdivi... |
Section 4115.04 | Determination of prevailing wage - exceptions.
...e this requirement are exempt from the requirements established in division (A)(1) of this section that involve attaching the schedule of wages to the specifications for the work, making the schedule part of those specifications, and printing the schedule on the bidding blanks where the work is done by contract. (B) Sections 4115.03 to 4115.16 of the Revised Code do not apply to: (1) Public improvements in an... |
Section 4582.31 | Powers of port authority.
... without advertising and the receipt of bids. (17) Exercise the right of eminent domain to appropriate any land, rights, rights-of-way, franchises, easements, or other property, necessary or proper for any authorized purpose, pursuant to the procedure provided in sections 163.01 to 163.22 of the Revised Code, if funds equal to the appraised value of the property to be acquired as a result of such proceedings are av... |
Section 308.13 | Competitive bidding.
...at newspaper meets all of the following requirements: (1) It is published at least two weeks prior to the day of the opening of the bids. (2) It includes a statement that the notice is posted on the internet site on the world wide web of the regional airport authority. (3) It includes the internet address of the internet site on the world wide web of the regional airport authority. (4) It includes instruc... |
Section 6121.04 | Powers of Ohio water development authority.
...h the lowest responsive and responsible bidder, in accordance with section 9.312 of the Revised Code, after advertisement for not less than two consecutive weeks in a newspaper of general circulation in Franklin county, and in other publications that the authority determines, which shall state the general character of the work and the general character of the materials to be furnished, the place where plans and speci... |
Section 121.37 | Ohio family and children first cabinet council.
...are exempt from the competitive bidding requirements of section 307.86 of the Revised Code if they have been approved by the county council and they are for the purchase of services for families and children. The approval of the county council is not required to exempt agreements or contracts entered into under section 5139.34, 5139.41, or 5139.43 of the Revised Code from the competitive bidding requirements of secti... |
Section 1707.01 | Securities definitions.
...Exchange Act of 1934. (V)(1) "Control bid" means the purchase of or offer to purchase any equity security of a subject company from a resident of this state if either of the following applies: (a) After the purchase of that security, the offeror would be directly or indirectly the beneficial owner of more than ten per cent of any class of the issued and outstanding equity securities of the issuer. (b) The offer... |
Section 323.73 | Disposal of abandoned land at public auction.
...ll be offered for sale. To qualify as a bidder, a person shall file with the sheriff on a form provided by the sheriff a written acknowledgment that the abandoned land being offered for sale is to be conveyed in fee simple to the successful bidder. At the auction, the sheriff of the county or a designee of the sheriff shall begin the bidding at an amount equal to the total of the impositions against the abandoned lan... |
Section 3706.04 | Development authority - powers and duties.
...gencies is not subject to the foregoing requirements and the authority may enter into such contract, lease, or agreement pursuant to negotiation and upon such terms and conditions and for such period as it finds to be reasonable and proper in the circumstances and in the best interests of proper operation or of efficient acquisition or construction of such project. (2) Each bid for a contract for the construct... |
Section 5501.71 | Authority for department of transportation to enter public-private initiative; solicitation and selection.
... (G) of this section is exempt from the requirements of Chapter 125. of the Revised Code and sections 127.16 and 127.162 of the Revised Code. (3) If the department, pursuant to division (G)(1) of this section, includes a reimbursement provision in a request for proposals and the department subsequently terminates the solicitation prior to the solicitation expiration date, the department shall prorate the amoun... |
Section 749.37 | Contracts not subject to competitive bidding.
...otherwise alter the competitive bidding requirements that apply to the board when entering into a contract for a public improvement. |
Section 167.081 | Authority of regional council to contract on a per unit basis.
...m any competitive selection or bidding requirements otherwise required by law. A county, municipal corporation, or township or a special district, school district, or other political subdivision that is a member of the council is not entitled to participate in a contract entered into under this section if it has received bids for the same work under another contract, unless participation in a contract under thi... |
Section 307.022 | Lease, easement, license or sale in connection with correctional facility without competitive bidding.
...on in the county; (b) On the official public notice web site established under section 125.182 of the Revised Code; (c) On the web site and social media account of the county. The notice shall state the date before which the proposals are required to be submitted in order to be considered by the board. (2) Subject to compliance with this section, grant leases, easements, and licenses with respect to, or sell... |
Section 307.86 | Competitive bidding required - exceptions.
...oring. (K) The purchase is made by a public children services agency pursuant to section 307.92 or 5153.16 of the Revised Code and consists of family services, programs, or ancillary services that provide case management, prevention, or treatment services for children at risk of being or alleged to be abused, neglected, or dependent children. (L) The purchase is to obtain the services of emergency medical servi... |
Section 3375.41 | Contracts over $50,000 to require bidding procedure.
...son interested in it and shall meet the requirements of section 153.54 of the Revised Code. (E) When both labor and materials are embraced in the work bid for, the board may require that each be separately stated in the sealed bid, with their price, or may require that bids be submitted without the separation. (F) None but the lowest responsible bid shall be accepted. The board may reject all the bids or accept... |
Section 5705.212 | School levy of up to five incremental taxes.
... reasonable opportunity for competitive bidding. (C)(1) The board of education of a qualifying school district, at any time and by a vote of two-thirds of all its members, may declare by resolution that it is necessary to levy not more than five taxes in excess of the ten-mill limitation for the current expenses of partnering community schools and, if any of the levy proceeds are so allocated, of the school distric... |
Section 6123.04 | Powers of Ohio water development authority.
...d Code, is not subject to the foregoing requirements and the authority may enter into such contract or lease or such agreement pursuant to negotiation and upon such terms and conditions and for such period as it finds to be reasonable and proper in the circumstances and in the best interests of proper operation or of efficient acquisition or construction of such project. (2) Each bid for a contract for the construct... |
Section 102.021 | Former state officials to report certain financial information.
...comply with all registration and filing requirements set forth in sections 101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, whichever is applicable, and, the former state elected officer or staff member also shall file a statement under division (A)(1) of this section except that the statement filed under division (A)(1) of this section does not need to include information regarding any income sourc... |
Section 122.922 | [Former R.C. 123.152, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Encouraging diversity, growth, and equity program.
...rector pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program. |
Section 1506.44 | Agreements for loans for erosion control structures.
...Code, and is not subject to competitive bidding or public bond laws. |
Section 1509.071 | Forfeiting bond.
...ded in such a contract. The competitive bidding requirements of Chapter 153. of the Revised Code do not apply if the chief reasonably determines that a situation exists requiring immediate action for the correction of the applicable health or safety risk. A contract or purchase of materials for purposes of addressing the emergency situation is not subject to division (B) of section 127.16 of the Revised Code. The chi... |
Section 1513.07 | Coal mining and reclamation permit - application or renewal - reclamation plan.
...erests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit; (12) The results of test borings that the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the chief, including the location of subsurface water, and an analysis of the chemical propertie... |
Section 153.011 | Using domestic steel products in state supported projects.
...ldface type and capital letters in all bid notifications and specifications between all parties to any contract authorized under Chapter 153. of the Revised Code or subject to this section and section 153.99 of the Revised Code: "Domestic steel use requirements as specified in section 153.011 of the Revised Code apply to this project. Copies of section 153.011 of the Revised Code can be obtained from the offic... |
Section 153.03 | Contracts to require drug-free workplace program.
...rocedures, or standards to satisfy the requirements of division (B)(2)(c) of this section, and the bureau may approve an employer's drug-free workplace program that meets the administrator's standards and the other requirements specified in division (B)(2) of this section. (D) A contracting authority shall ensure that money appropriated by the general assembly for the contracting authority's public improvement... |
Section 2735.04 | Powers of receiver.
...tion, the court may establish a minimum bid. (c) If the receiver requests authority to sell the property pursuant to a prospective purchase contract and if warranted by the circumstances, the court may require that the receiver solicit and consider additional offers. If the receiver ultimately sells the property to a party other than the original proposed purchaser, if approved by the court, the receiver may pay to ... |
Section 306.82 | Provisions to include in agreement.
... Establishing procedure for competitive bidding in the sale or lease by a regional transit commission of real and personal property and for the acquisition, except for real property or interests therein, construction, or improvement of transit facilities, and providing reasonable exemptions from such requirement; (P) Providing for employee relations in the same manner as is provided by division (X) of section 306.35... |
Section 307.862 | Competitive sealed proposals - procedure.
... that would otherwise be available for public inspection and copying under section 149.43 of the Revised Code shall not be available until after the award of the contract. (D) An offeror may withdraw the offeror's proposal at any time prior to the award of a contract. A contracting authority may terminate negotiations with an offeror at any time during the negotiation process if the offeror fails to provide th... |
Section 3305.03 | Designation of entities eligible to provide investment options.
...s chapter is not subject to competitive bidding under those sections. |
Section 5740.02 | Simplified sales and use tax administration act definitions.
...equests, personnel matters, competitive bidding, certification of service providers, or matters substantially similar to those described in division (G)(2), (3), or (5) of section 121.22 of the Revised Code. The state may participate in teleconferences, special meetings, meetings of working groups, committees, or steering committees if they are conducted in accordance with the public participation rules applicable ... |
Section 9.231 | Disbursements over $25,000 - contract required - exceptions.
...e or rate is established by competitive bidding or by a market rate survey of similar services provided in a defined market area. The market rate survey may be one conducted by or on behalf of the governmental entity or an independent survey accepted by the governmental entity as statistically valid and reliable. (ii) The services are provided in accordance with standards established by state or federal law, or by... |
Section 113.52 | Depositories and managers.
...t least annually by a firm of certified public accountants selected by the program manager and provide the results of such audit to the treasurer; (8) Provide the treasurer with copies of all regulatory filings and reports made by the financial organization during the term of the management contract or while the financial organization is holding any program accounts, other than confidential filings or reports that w... |
Section 122.42 | Director's powers and duties under R.C. 122.41 to 122.62.
...ry person interested in it and meet the requirements of section 153.54 of the Revised Code. (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered... |
Section 122.74 | Director of development - powers and duties.
...ry person interested in it and meet the requirements of section 153.54 of the Revised Code. (c) Each bid for a contract, except as provided in division (B)(6)(b) of this section, shall contain the full name of every person interested in it and shall be accompanied by bond or certified check on a solvent bank, in such amount as the director considers sufficient, that if the bid is accepted a contract will be entered... |
Section 122.75 | Director of development - duties regarding minority programs.
...ry person interested in it and meet the requirements of section 153.54 of the Revised Code. (3) Each bid for a contract, except as provided in division (G)(2) of this section, shall contain the full name of every person interested in it and shall be accompanied by a bond or certified check on a solvent bank, in the amount of ten per cent of the bid, that if the bid is accepted a contract will be entered into and the... |
Section 125.071 | Purchasing by competitive sealed proposal.
...of, and responsiveness to, solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion regarding any clarification, correction, or revision of proposals. No disclosure of any information derived from proposals submitted by competing offerors shall occur when discussions are conducted. (E) Award may be made to the offerors whose proposals are determi... |
Section 128.03 | Countywide 9-1-1 system.
...bject to any requirement of competitive bidding. (G) Each emergency service provider participating in a countywide 9-1-1 system shall maintain a telephone number in addition to 9-1-1. (H) If the public safety answering point personnel reasonably determine that a 9-1-1 call is not an emergency, the personnel shall provide the caller with the telephone number of an appropriate subdivision agency as applicable. ... |
Section 1321.66 | Consumer installment loan licensee recordkeeping; examination of records.
... system shall meet all of the following requirements: (1) The electronic storage media or system must preserve the records in a nonrewritable, nonerasable format. (2) The electronic storage media or system must verify automatically the quality and accuracy of the storage media recording process. (3) The electronic storage media or system must serialize the original and the duplicate units of storage media, and ... |
Section 140.03 | Hospital facility agreements.
...s a resolution under that section. The requirements of division (F)(2) of this section do not apply to the agreement if one or more hospitals classified as general hospitals by the director of health under section 3701.07 of the Revised Code are operating in the same county as the county hospital. |
Section 140.05 | Leasing hospital facilities.
... upon without necessity for competitive bidding or public auction. |
Section 140.051 | Contracts regarding certain hospital facilities exempt from competitive bidding.
... agency. Any requirement of competitive bidding, other restriction, or other procedures that are imposed on a public hospital agency with respect to contracts is not applicable to any contract entered into pursuant to this section. A hospital facility is not exempt from applicable zoning, planning, and building regulations by reason of being financed from the proceeds of obligations issued pursuant to this chapt... |
Section 153.08 | Opening bids and awarding contract.
...dered unless a bid guaranty meeting the requirements of section 153.54 of the Revised Code and in the form approved by the commission is filed with such bid. For a bid that is not filed electronically, the bid and bid guaranty shall be filed in one sealed envelope. If the bid and bid guaranty are filed electronically, they must be received electronically before the deadline published pursuant to section 153.06 of the... |
Section 153.73 | Construction of statutes.
...services or design-build services by a public authority prevail in the event of any conflict with any other provision of this chapter. |
Section 153.83 | Hearings related to contractor labor agreements.
... (B) Before a state agency may issue a bid specification for a proposed public improvement that requires a contractor or subcontractor to enter into a project labor agreement, the state agency shall hold a public hearing on the matter. (C) The state agency shall publish notice of the hearing not less than thirty days before the date of the hearing. (D) A state agency shall decide whether to include the requirement... |
Section 154.08 | Bond proceedings.
...ated to arbitrage compliance and rebate requirements under the bond proceedings for obligations issued pursuant to this chapter. |
Section 165.14 | Waiving project requirements.
...tion and any requirement of competitive bidding or other restriction, which may be lawfully waived by this section, imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of the issuer is not applicable to any action taken under authority of Chapter 165. of the Revised Code. |
Section 173.381 | Permissible actions based on criminal records check.
...f such self-employed providers from the requirements; (c) For the purpose of division (E)(7) of this section, specify other databases that are to be checked as part of a database review conducted under this section. (2) The rules shall specify all of the following: (a) The procedures for conducting database reviews under this section; (b) If the rules require self-employed providers who have been issued or aw... |
Section 2329.152 | Authorization of private selling officer.
... 1.14 of the Revised Code. (b) "Remote bid" means a bid submitted in writing via facsimile, electronic mail, or overnight delivery or courier. (2) If the sale of the real estate is conducted at a physical location and not online, then each judgment creditor and lienholder who was a party to the action may submit a remote bid to the sheriff or the private selling officer. Each sheriff and private selling officer sha... |
Section 2335.24 | Collection of costs - contracts for collection.
...de that pertain to required competitive bidding. For purposes of complying with those sections, the clerk of the court shall be considered the contracting authority. (b) Obtain the approval of the terms of the contract by the legislative authority associated with the court. (2) A contract entered into or renewed by the clerk of a court pursuant to division (B)(1) of this section shall include all of the following t... |
Section 2744.081 | Joint self-insurance pool - risk-management.
...ll be entered into without full, prior, public disclosure of all terms and conditions. Such disclosure shall include, at a minimum, a statement listing all representations made in connection with any possible savings and losses resulting from such contract, and potential liability of any political subdivision or employee. The proposed contract and statement shall be disclosed and presented at a meeting of the politic... |
Section 301.29 | Use of procurement cards.
...hat circumvents the competitive bidding requirements of section 307.86 of the Revised Code. (G)(1) Any time a county procurement card approved for use for an authorized amount under division (F)(1) of this section is used for more than that authorized amount, the appointing authority may request the board of county commissioners to authorize after the fact the expenditure of any amount charged beyond the originally... |
Section 303.39 | Disposing of real property.
...plan either with or without competitive bidding therefor upon such lawful terms and conditions and in such manner as are prescribed in such resolution by the board of county commissioners. (C) The board of county commissioners may for a period not to exceed three years operate and maintain any real property or interest therein acquired by it in a county renewal area for or in connection with a county renewal project... |
Section 306.43 | Contracts - competitive bidding.
...tes in accordance with the Buy America requirements in the "Surface Transportation Assistance Act of 1982," Public Law No. 97-424, section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and the rules adopted thereunder. The regional transit authority also may give preference to providers of goods produced in and services provided in labor surplus areas as defined by the United States department of labor... |
Section 307.041 | Contracts to analyze reducing energy consumption in buildings owned by county.
...t be subject to the competitive bidding requirements of section 307.86 of the Revised Code, and shall be on the following terms: (1) Not less than a specified percentage, as determined and approved by the board of county commissioners, of the costs of the contract shall be paid within two years from the date of purchase. (2) The remaining balance of the costs of the contract shall be paid within the lesser of the... |
Section 307.055 | Furnishing ambulance and emergency medical services.
...rict shall conform to the same bidding requirements that apply to county contracts under sections 307.86 to 307.92 of the Revised Code. (F) A county participating in a joint district may contribute any of its rights or interests in real or personal property, including money, and may contribute services to the district. Any such contributions shall be made by a written agreement between the contributing county ... |
Section 307.12 | Resolution for disposal of unneeded, obsolete or unfit personal property.
...itions for a particular sale, including requirements for pick-up or delivery, method of payment, and sales tax. This type of information shall be provided on the internet at the time of the auction and may be provided before that time upon request after the terms and conditions have been determined by the board or its representative. (F) When a county officer or department head determines that county-owned personal... |
Section 323.78 | Invocation of alternative redemption period.
...r of general circulation that meets the requirements of section 7.12 of the Revised Code in the county in which the property is located, prescribe the form of bids, and accept bids over a period of at least three weeks. (2) Upon a sale of property pursuant to division (D)(1) of this section, the municipal corporation, township, county, school district, community development organization, or county land reutilizatio... |
Section 3318.08 | Agreement with Ohio facilities construction commission for construction and sale of project.
... advertise for and receive construction bids for the project, for and on behalf of the commission, and to award contracts in the name of the state subject to approval by the commission; (K) Provisions for the disbursement of moneys from the school district's project account upon issuance by the commission or the commission's designated representative of vouchers for work done to be certified to the commission by t... |
Section 3345.203 | Joint self-insurance pool.
...to such a contract without full, prior, public disclosure of all terms and conditions. The disclosure shall include, at a minimum, a statement listing all representations made in connection with any possible savings and losses resulting from the contract, and potential liability of any state university or college or employee. The proposed contract and statement shall be disclosed and presented at a meeting of the boa... |
Section 3345.50 | Administration of capital facilities project - state appropriations under $ 4 million.
...teria set forth in the rules and in the requirements of division (B) of this section. |
Section 3345.51 | Administration of capital facilities project - state appropriations immaterial.
...criteria set forth in the rules and the requirements of division (A) of this section. (C) Any institution that administers a capital facilities project under this section shall conduct biennial audits for the duration of the project to ensure that the institution is complying with Chapters 9., 123., and 153. of the Revised Code and that the institution is using its certification issued under section 123.24 of the Re... |
Section 3375.405 | Evaluating library buildings for energy conservation; energy conservation report; implementation.
... over which it has jurisdiction of free public library services once a week for two consecutive weeks. The notice shall state that the board of trustees intends to request proposals for the installation of energy conservation measures, indicate the date on which the request for proposals will be mailed to vendors, which shall be at least ten days after the second publication in the newspaper, and state that any... |
Section 3377.16 | Project exemptions.
...tion and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of the commission is not applicable to any action taken under authority of Chapter 3377. of the Revised Code. |
Section 339.14 | County hospital commission.
... meet such interest and bond retirement requirements. |
Section 343.08 | Fixing reasonable rates or charges.
...ed Code. In addition to fulfilling the requirements of section 121.22 of the Revised Code, the board, before fixing or changing rates or charges for solid waste collection, storage, transfer, disposal, recycling, processing, or resource recovery services, or before entering into a contract that fixes rates or charges to be collected by the contractor providing the services, shall hold at least three public hear... |
Section 353.03 | Powers of authority.
...o the exceptions to competitive bidding requirements under division (F)(2) of this section, a lake facilities authority may contract for the acquisition or construction of any property for an authorized purpose and for the leasing, subleasing, sale, or other disposition of the property in a manner determined by the lake facilities authority in its sole discretion, without necessity for competitive bidding or performa... |
Section 4116.01 | Unlawful labor requirements in public improvement contracts definitions.
...ollowing: (1) Any person who submits a bid for the purpose of securing the award of a contract for the public improvement; (2) Any person acting as a subcontractor of a person mentioned in division (D)(1) of this section; (3) Any association having as members any of the persons mentioned in division (D)(1) or (2) of this section; (4) Any employee of a person mentioned in division (D)(1), (2), or (3) of this s... |
Section 4116.02 | Labor requirements not to be imposed on contractor or subcontractor.
... public improvements, shall ensure that bid specifications issued by the public authority for the proposed public improvement, and any subsequent contract or other agreement for the public improvement to which the public authority and a contractor or subcontractor are direct parties, do not require a contractor or subcontractor to do any of the following: (A) Enter into agreements with any labor organization on the ... |
Section 4906.105 | Report to the general assembly.
... (2) That the project was competitively bid or compared to the results of a competitive bid; (3) That the project has been considered in the context of the utility's larger transmission plan; (4) That the project has been considered in the context of the regional transmission planning process of PJM interconnection regional transmission organization, L.L.C.; (5) That the project could not have been deferred or ... |
Section 4928.142 | Standard generation service offer price - competitive bidding.
...rocess and shall be consistent with the requirements of division (A)(1) of this section. (B) Prior to initiating a competitive bidding process for a market-rate offer under division (A) of this section, the electric distribution utility shall file an application with the commission. An electric distribution utility may file its application with the commission prior to the effective date of the commission rules... |
Section 4928.143 | Application for approval of electric security plan - testing.
...tion also shall be given to the capital requirements of future committed investments in this state. The burden of proof for demonstrating that significantly excessive earnings did not occur shall be on the electric distribution utility. If the commission finds that such adjustments, in the aggregate, did result in significantly excessive earnings, it shall require the electric distribution utility to return to consum... |
Section 4981.26 | Waiver of other laws.
...tion and any requirement of competitive bidding or other restriction, which may be lawfully waived by this section, imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of the issuer is not applicable to any action taken under sections 4981.11 to 4981.26 of the Revised Code. |
Section 505.10 | Acceptance and disposition of property.
...ions for the particular sale, including requirements for pick-up or delivery, method of payment, and sales tax. This type of information shall be provided on the internet at the time of the auction and may be provided before that time upon request, after the terms and conditions have been determined by the board or its representative. |
Section 505.37 | Fire protection services.
...hin the township; (2) On the official public notice web site established under section 125.182 of the Revised Code; (3) On the web site and social media account of the township. The board may also cause notice to be inserted in trade papers or other publications designated by it or to be distributed by electronic means, including posting the notice on the board's internet web site. The advertisement shall i... |
Section 511.12 | Plans, specifications and contracts.
...est and best bidder, who shall meet the requirements of section 153.54 of the Revised Code. (D) When, in the opinion of the board, it becomes necessary in the prosecution of such work to make alterations or modifications in any contract, the alterations or modifications shall be made only by order of the board, and that order shall be of no effect until the price to be paid for the work or materials under the alte... |
Section 515.01 | Lighting unincorporated districts.
...ate items of work in order to avoid the requirements of this section. |
Section 515.07 | Notice to bidders - acceptance and rejection.
...id, if the successful bidder meets the requirements of section 153.54 of the Revised Code. The board may reject all bids. |
Section 521.05 | Contracts for maintenance and repair private sewage collection tiles.
...id, if the successful bidder meets the requirements of section 153.54 of the Revised Code. The board may reject all bids. (B) On accepting a bid, the board shall enter into a contract with the successful bidder for making the improvement according to specifications. The contract shall not be for a term longer than ten years. |
Section 5501.34 | Selling real property no longer required for highway purposes.
...ld at public auction to the highest bidder for not less than two-thirds of its appraised value, but the director may reject all bids that are less than the full appraised value of the real property. However, if no sale has been effected after an effort to sell under this division, the director may set aside the appraisal, order a new appraisal, and, except as otherwise provided in ... |
Section 5525.011 | Complying with federal surface transportation assistance act.
...thority is required to solicit separate bids or award separate contracts for any branch of work in a contract for the construction or improvement of a road or highway funded in whole or in part by or through the department of transportation. (C) When the director estimates that more than fifty-one per cent of the dollar amount of work to be performed in a contract is to be performed by one branch of work, the direct... |
Section 5525.17 | Failure of contractor or surety to complete work.
...s, if he considers it to be in the best public interest. Before entering into a contract for the completion of any such improvement, the director shall require a contract performance bond and a payment bond with sufficient sureties each in an amount equal to one hundred per cent of the estimated cost of completing the work, and conditions relating to the bonds of original contractors shall apply to such bonds. If t... |
Section 5575.02 | Advertisements for bids - award of contract.
...he lowest and best bidder who meets the requirements of section 153.54 of the Revised Code, and shall be let upon the basis of lump sum bids, unless the board orders that it be let upon the basis of unit price bids, in which event it shall be let upon such basis. The board is not required to provide notice of the project cost estimate when advertising for bids under this section. |
Section 5705.213 | Special school district election on levy for current expenses - renewal levy.
... reasonable opportunity for competitive bidding. |
Section 5705.41 | Restriction upon appropriation and expenditure of money.
...d any purchases exempt from competitive bidding under section 125.04 of the Revised Code and any other specific expenditure that is a recurring and reasonably predictable operating expense. Such a certification shall not extend beyond the end of the fiscal year or, in the case of a board of county commissioners that has established a quarterly spending plan under section 5705.392 of the Revised Code, beyond the quart... |
Section 6103.31 | Water supply facilities sale or disposition.
...ed, a requirement for the submission by bidders of the schedule of water rates and charges initially proposed to be paid by the users of the facilities, and other pertinent conditions or terms relating to the sale or other disposition. The resolution also shall designate a time and place for the hearing of objections to the sale or other disposition by the board. Notice of the adoption of the resolution and the... |
Section 6115.20 | Contract bidding procedures.
...the lowest or best bidder who meets the requirements of section 153.54 of the Revised Code. If the bids are for a contract for any other work relating to the improvements for which a sanitary district was established, the board of directors of the sanitary district shall let the contract to the lowest or best bidder who gives a good and approved bond, with ample security, conditioned on the carrying out of the contra... |
Section 6117.49 | Sale or disposition of county sanitary or drainage facilities.
...d, a requirement for the submission by bidders of the schedule of rates and charges initially proposed to be paid for the services of the facilities, and other pertinent conditions or terms relating to the sale or other disposition. The resolution also shall designate a time and place for the hearing of objections to the sale or other disposition by the board. Notice of the adoption of the resolution and the t... |
Section 6119.10 | Competitive bidding for certain contracts.
...he lowest and best bidder who meets the requirements of section 153.54 of the Revised Code. If the bids are for a contract for any other work relating to the improvements for which a regional water and sewer district was established, the board of trustees of the regional water and sewer district may let the contract to the lowest or best bidder who gives a good and approved bond with ample security conditioned on the... |
Section 6131.12 | Grant of petition.
... the improvement in accordance with the requirements of the federal regulations, state agency rules, or procedures. (F) The board shall enter all of its findings and orders in the board's journal. An order issued by the board under this section granting the intent of the petition is effective on the day of the hearing at which the board issued it. |
Section 6131.14 | County engineer's duties.
...d forms of bid guaranties that meet the requirements of section 153.54 of the Revised Code. (J) Upon the acceptance of the contract work, the engineer shall file with the county recorder all of the following: (1) A property plat showing the owners of record and parcel numbers along the drainage improvement; (2) The location of the improvement; (3) A statement describing the width of the permanent easement for ma... |
Section 721.15 | Disposition of property unneeded, obsolete or unfit for municipal purposes.
...ons for the particular sale, including requirements for pick-up or delivery, method of payment, and sales tax. This type of information shall be provided on the internet at the time of the auction and may be provided before that time upon request after the terms and conditions have been determined by the legislative authority or its representative. |
Section 735.06 | Proceedings on opening of bids.
...vement, in which case it shall meet the requirements of section 153.54 of the Revised Code. If the work bid embraces both labor and material, such items shall be separately stated with the price thereof. The director may reject any bid. Where there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected. |
Section 743.11 | Bond of contractor - emergency.
...enter into such contract without formal bidding or advertising. |
Section 747.05 | Control and expenditure of funds - contracts for work.
...e same as provided for the director of public service except the requirement of the approval of the board of control. |
Section 9.335 | Construction of statutes with other code provisions.
...a construction management contract by a public authority prevail in the event of any conflict with a provision of Chapter 153. of the Revised Code. |
Section 9.75 | Requirement for employment of local laborers prohibited.
...(2) No public authority shall provide a bid award bonus or preference to a contractor as an incentive to employ as laborers a certain number or percentage of individuals who reside within the defined geographic area or service area of the public authority. |
Section 9.833 | Self-insurance program for health care benefits.
...d, without the necessity of competitive bidding, to any person, political subdivision, nonprofit corporation organized under Chapter 1702. of the Revised Code, or regional council of governments created under Chapter 167. of the Revised Code for purposes of administration of an individual or joint self-insurance program. No such contract shall be entered into without full, prior, public disclosure of all terms and co... |
Section 940.06 | Supervisors of soil and water conservation district; additional powers.
...uction of an improvement shall meet the requirements of section 153.54 of the Revised Code. (4) Each bid for a contract, other than a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement, at the discretion of the board, may be accompanied by a bond or certified check on a solvent bank in an amount not to exceed five per cent of the bid, conditioned that, if the bid is a... |
Section 940.31 | [Former R.C. 940.29, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Approval or disapproval of construction of improvement.
...ioners shall follow competitive bidding requirements in sections 307.86 to 307.91 of the Revised Code in constructing an improvement. However, the board may designate the board of supervisors of a soil and water conservation district as the contracting agency. The board of supervisors shall follow division (H) of section 940.06 of the Revised Code. If the improvement is being undertaken through the joint efforts and ... |
Section 102.01 | Public officers - ethics definitions.
... performance of official duties. (B) "Public official or employee" means any person who is elected or appointed to an office or is an employee of any public agency. "Public official or employee" does not include any of the following: (1) A person elected or appointed to the office of precinct, ward, or district committee member under section 3517.03 of the Revised Code, any presidential elector, or any delegate t... |
Section 102.02 | Financial disclosure statement filed with ethics commission.
...ter supply for domestic, municipal, and public use, and that includes two municipal corporations in two counties; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; all members appointed to the Ohio livestock care standards board under section 904.02 of the Revised Code; all entrepreneurs in residence a... |
Section 102.022 | Certain financial information substituted in statements of local officials and college and university trustees.
...Each person who is an officer or employee of a political subdivision, who receives compensation of less than sixteen thousand dollars a year for holding an office or position of employment with that political subdivision, and who is required to file a statement under section 102.02 of the Revised Code; each member of the board of trustees of a state institution of higher education as defined in section 3345.011 of th... |
Section 102.03 | Representation by present or former public official or employee prohibited.
...(A)(1) No present or former public official or employee shall, during public employment or service or for twelve months thereafter, represent a client or act in a representative capacity for any person on any matter in which the public official or employee personally participated as a public official or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other ... |
Section 102.031 | Conflicts of interest of member of general assembly.
...tion of employment, if the member is a public employee, does not involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or execution of other public trusts. (B) No member of the general assembly shall vote on any legislation that the member knows is then being actively... |
Section 102.04 | No compensation to elected or appointed state official other than from agency served.
...ch he is an officer or employee. (D) A public official who is appointed to a nonelective office or a public employee shall be exempted from division (A), (B), or (C) of this section if both of the following apply: (1) The agency to which the official or employee wants to sell the goods or services, or before which the matter that involves the rendering of his services is pending, is an agency other than the one wit... |
Section 102.05 | Ohio ethics commission created.
...There is hereby created the Ohio ethics commission consisting of six members, three of whom shall be members of each of the two major political parties, to be appointed by the governor with the advice and consent of the senate. Within thirty days of the effective date of this section, the governor shall make initial appointments to the commission. Of the initial appointments made to the commission, one shall be for ... |
Section 102.06 | Powers and duties of ethics commission.
...f the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, or is a member of the bureau of workers' compensation board of directors, the appropriate ethics commission, in its discretion, also may share information gathered in th... |
Section 102.07 | No divulging of information in disclosure statements.
...apers, or documents were presented at a public hearing, except as provided in section 102.06 of the Revised Code. No person shall divulge information that appears on a disclosure statement and is required to be kept confidential under division (B) of section 102.02 of the Revised Code. |
Section 102.08 | Recommending legislation - advisory opinions.
...nders an advisory opinion that has been publicly sought and that relates to a special set of circumstances involving ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code, the person to whom the opinion was directed or who was similarly situated may reasonably rely upon such opinion and shall be immune from criminal prosecutions, civil suits, or ac... |
Section 102.09 | Furnishing financial disclosure form to candidates.
...nowledge their receipt in writing. The requirements of this division do not apply at the time of reappointment or reelection. |
Section 102.99 | Penalty.
...ibit the person from participating in a public contract with any public agency in this state for a period of two years if recommended by the agency by whom the offending public official or employee was employed. (2) The court may order the person to pay an additional fine equal to the amount of any thing of value given in violation of division (F) of section 102.03 of the Revised Code. (E) Upon application of the... |
Section 120.01 | Ohio public defender commission.
...There is hereby created the Ohio public defender commission to provide, supervise, and coordinate legal representation at state expense for indigent and other persons. The commission shall consist of nine members, one of whom shall be chairman. The chairman shall be appointed by the governor with the advice and consent of the senate. Four members shall be appointed by the governor, two of whom shall be from each of t... |
Section 120.02 | Meetings - compensation and expenses.
...The members of the Ohio public defender commission shall meet at least quarterly, and shall meet at other times pursuant to the call of the chairman of the commission or at the request of the state public defender. The members of the commission shall receive an amount fixed pursuant to section 124.14 of the Revised Code per diem for every meeting of the commission that they attend, together with the actual and nece... |
Section 120.03 | Commission - powers and duties.
... public defender, facilities, and other requirements needed to maintain and operate an office of a public defender; (5) Minimum caseload standards; (6) Procedures for the assessment and collection of the costs of legal representation that is provided by public defenders or appointed counsel; (7) Standards and guidelines for determining whether a client is able to make an up-front contribution toward the cost of hi... |
Section 120.04 | State public defender - powers and duties.
...evised Code or fails to comply with the requirements of those sections. (12) Establish an office for the handling of appeal and postconviction matters; (13) Provide technical aid and assistance to county public defender offices, joint county public defender offices, and other local counsel providing legal representation to indigent persons, including representation and assistance on appeals. (C) The state pu... |
Section 120.041 | Duties of public defender regarding determination of costs.
...(A) In addition to the state public defender's other duties under this chapter and other Revised Code provisions, the state public defender shall do all of the following for each state fiscal year: (1) Determine the total dollar amount of all requests for reimbursements that were submitted for that fiscal year by counties under sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code; (2) Determin... |
Section 120.05 | Determination of indigency.
...of indigency shall be made by the state public defender, subject to review by the court. This section does not apply in relation to sections 120.51 to 120.55 of the Revised Code. (B) The state public defender shall investigate the financial status of each person to be represented, at the earliest time the circumstances permit, and may require the person represented to disclose the records of public or private income... |
Section 120.06 | Duty to provide legal representation to indigent adults and juveniles.
...(A)(1) The state public defender, when designated by the court or requested by a county public defender or joint county public defender, may provide legal representation in all courts throughout the state to indigent adults and juveniles who are charged with the commission of an offense or act for which the penalty or any possible adjudication includes the potential loss of liberty. (2) The state public defender ma... |
Section 120.07 | Civil case filing fee fund.
... to the fund shall be used by the state public defender for the purpose of appointing assistant state public defenders and for providing other personnel, equipment, and facilities necessary for the operation of the state public defender office. |
Section 120.08 | Indigent defense support fund.
...imposed under those sections. The state public defender shall use at least eighty-three per cent of the money in the fund for the purposes of reimbursing county governments for expenses incurred pursuant to sections 120.18, 120.28, and 120.33 of the Revised Code and operating its system pursuant to division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code. Disburseme... |
Section 120.13 | County public defender commission.
...rs in any county may establish a county public defender commission. The commission shall have five members, three of whom shall be appointed by the board of county commissioners, and two by the judge, or the presiding judge if there is one, of the court of common pleas of the county. At least one member appointed by each of these appointing bodies shall be an attorney admitted to the practice of law in this state. (... |
Section 120.14 | County public defender commission - powers and duties.
...pporting staff and facilities and other requirements needed to maintain and operate the office of the county public defender. (C) In administering the office of county public defender, the commission shall: (1) Recommend to the county commissioners an annual operating budget which is subject to the review, amendment, and approval of the board of county commissioners; (2)(a) Make an annual report to the county comm... |
Section 120.15 | County public defender - powers and duties.
...(A) The county public defender shall be appointed by the county public defender commission for a term not to exceed four years. He shall be an attorney with a minimum of two years experience in the practice of law and be admitted to the practice of law in Ohio at least one year prior to his appointment. (B) In carrying out the responsibilities and performing the duties of his office, the county public defender shall... |
Section 120.16 | Legal representation to be provided.
...(A)(1) The county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The county public defender may provide legal representation t... |
Section 120.17 | State public defender not required to defend in counties having county public defender.
...missioners choose to establish a county public defender's office, the Ohio public defender shall not be required to defend indigent persons in that county, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice. |
Section 120.18 | Reimbursement of county.
...(A) The county public defender commission's report to the board of county commissioners shall be audited by the county auditor. The board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a county public defender office is not received by the state pub... |
Section 120.23 | Joint county public defender commission.
...for the establishment of a joint county public defender commission. The commission shall have three members from each county, who shall be appointed by the board of county commissioners of the county. (B) The boards shall agree on a specific date for the joint county public defender commission to be established, on which date the appointments of all members shall take effect. The joint board shall notify the Ohio pu... |
Section 120.24 | Joint county public defender commission - powers and duties.
...pporting staff and facilities and other requirements needed to maintain and operate the office. (C) In administering the office of joint county public defender, the commission shall: (1) Recommend to the boards of county commissioners in the district an annual operating budget which is subject to the review, amendment, and approval of the boards of county commissioners in the district; (2)(a) Make an annual report... |
Section 120.25 | Joint county public defender - powers and duties.
...(A) The joint county public defender shall be appointed by the joint county public defender commission for a term not to exceed four years. He shall be an attorney with a minimum of two years experience in the practice of law and be admitted to the practice of law in Ohio at least one year prior to his appointment. (B) In carrying out the responsibilities and performing the duties of his office, the joint county pub... |
Section 120.26 | Legal representation to be provided.
...(A)(1) The joint county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The joint county public defender may provide legal repr... |
Section 120.27 | State public defender not required to defend in counties having joint county public defender.
...ners choose to establish a joint county public defender's office, the Ohio public defender shall not be required to defend indigent persons in those counties, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice. |
Section 120.28 | Reimbursement of joint county board.
...(A) The joint county public defender commission's report to the joint board of county commissioners shall be audited by the fiscal officer of the district. The joint board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a joint county public defender... |
Section 120.33 | Alternative system of selected or appointed counsel.
...(A) In lieu of using a county public defender or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, the board of county commissioners of any county may adopt a resolution to pay counsel who are either personally selected by the indigent person or appointed by the court. The resolution shall include those provisions the board o... |
Section 120.34 | Reimbursements exceeding appropriation - proportionate distribution of funds.
... the counties' cost of operating county public defender offices, joint county public defender offices, and county appointed counsel systems, the counties' costs and expenses of conducting the defense in capital cases, and the counties' costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code shall not exceed the total amount appropriated for that fiscal year by the general assembly for t... |
Section 120.35 | Capital case reimbursement.
...The state public defender shall, pursuant to section 120.18, 120.28, 120.33, or 2941.51 of the Revised Code, reimburse the costs and expenses of conducting the defense in capital cases, in an amount determined as specified in section 120.34 of the Revised Code. |
Section 120.36 | Application fee - assessment - nonpayment - disposition - annual report.
...e court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars. The court shall direct the person to pay the applic... |
Section 120.38 | Attorney-client privilege.
...(A) All information obtained by a public defender when determining if a person is indigent, shall be held confidential within the ethical standards of attorney-client communications, unless previously on public record, or made available to the court as provided in section 120.05 of the Revised Code. (B) All communications between the individual defendant and a public defender shall be fully protected by the attorney... |
Section 120.39 | Conflict of interest.
...o-counsel appointed to assist the state public defender or a county or joint county public defender, and any public defender, county public defender, or joint county defender, or member of their offices, shall not be a partner or employee of any prosecuting attorney, city director of law, village solicitor, or similar chief legal officer. (B) A partner or employee of a village solicitor or of a law firm, legal profe... |
Section 120.40 | Pay ranges.
...of county commissioners for the county public defender and those established by the joint board of county commissioners for the joint county public defender shall not exceed the pay ranges assigned under section 325.11 of the Revised Code for county prosecutors. (B) The pay ranges established by the board of county commissioners for the staff of the county public defender and those established by the joint b... |
Section 120.41 | Indemnifying public defender in malpractice action.
...gainst a state, county, or joint county public defender or assistant public defender, the state, or the county or district in which the defender office is located when the action is brought against a county or joint county public defender or assistant public defender, shall indemnify the attorney, if he acted in good faith and in the scope of his employment, for any judgment awarded in the malpractice action or amoun... |
Section 120.51 | Legal aid society funding definitions.
...ervices from an award to a client, from public funds, or from the opposing party. A case shall not be considered a fee generating case if adequate representation is unavailable or if any of the following circumstances exist concerning the case: (1) The legal aid society that represents the indigent in the case has determined that free referral is not possible for any of the following reasons: (a) The case has been ... |
Section 120.52 | Legal aid fund.
...fund, which shall be for the charitable public purpose of providing financial assistance to legal aid societies that provide civil legal services to indigents. The fund shall contain all funds credited to it by the treasurer of state pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code. The treasurer of state may invest moneys contained in the legal aid fund in any man... |
Section 120.521 | Access to justice foundation; fund.
...(A) The state public defender shall establish a charitable, tax exempt foundation, named the Ohio access to justice foundation, to actively solicit and accept gifts, bequests, donations, and contributions for use in providing financial assistance to legal aid societies, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall d... |
Section 120.53 | Application for financial assistance.
...the Revised Code and with the rules and requirements the foundation establishes pursuant to section 120.52 of the Revised Code. The Ohio access to justice foundation then, on or before the fifteenth day of December of the calendar year in which the application is filed, shall notify each such applicant, in writing, whether it is eligible for financial assistance under this section, and if it is eligible, estimate the... |
Section 120.54 | Uses of financial assistance.
...(A) A legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall use the financial assistance for only the following purposes: (1) To defray the costs of providing legal services to indigents; (2) To provide legal training and legal technical assistance to other eligible legal aid societies; and (3) If the legal aid society has entered into an agr... |
Section 120.55 | Society to ensure conditions.
...In providing legal assistance, each legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall ensure all of the following: (A) The maintenance of quality service and professional standards; (B) That no person shall interfere with any attorney funded in whole or in part by sections 120.51 to 120.55 of the Revised Code in carrying out his professional ... |
Section 123.011 | Department of administrative services powers.
...(A) The department of administrative services may: (1) Fix, alter, and charge rentals and other charges for the use and occupancy of its buildings, facilities, and other properties; (2) Provide for the persons occupying its buildings, facilities, and other properties, health clinics, medical services, food services, and such other services as such persons cannot provide for themselves; and, if the department determ... |
Section 123.02 | Director of administrative services - control of public works.
...es shall be appointed superintendent of public works and shall have the care and control of the public works of the state and shall protect, maintain, and keep them in repair. Subject to the approval of the governor, the director may purchase on behalf of the state such real or personal property, rights, or privileges as are necessary, in the director's judgment, to acquire in the maintenance of the public works or... |
Section 123.03 | Director may maintain an action.
... violations of any law relating to the public works for an injury to property pertaining to the public works, or for any other cause which is necessary in the performance of the director's duties. |
Section 123.04 | Rules and regulations.
...services shall have supervision of the public works of the state and shall make such rules and regulations for the maintenance and operation of the public works as are necessary. |
Section 123.05 | Regulation and collection of tolls, rentals, and other revenues.
...he rate of tolls to be collected on the public works of the state, and shall fix all rentals and collect all tolls, rents, fines, commissions, fees, and other revenues arising from any source in the public works, including the sale, purchase, or rental of property, except that the director shall not collect a commission or fee from a real estate broker or the private owner when real property is leased or rented... |
Section 123.06 | Office space for veterans organizations, auxiliary organizations and veterans' home agency.
...(A) The department of administrative services shall assign and make available, at state expense, suitable office space in state-owned facilities to accommodate the office operations of the state headquarters of both of the following: (1) All veterans organizations in this state that either are incorporated and issued a charter by the congress of the United States or are recognized by the United States departme... |
Section 123.07 | Preferential parking for carpools, vanpools and buspools.
...Each state agency and any county, township, or municipal corporation owning, leasing, or controlling the operation of parking spaces for use by its employees may provide preferential parking for those vehicles used in carpools, vanpools, and buspools. The department of administrative services shall coordinate the efforts of the state agencies in providing preferential parking for such vehicles. |
Section 123.08 | Appointment of employees.
...or the maintenance and operation of the public works. They shall be assigned to duty under the supervision of the director, under rules and regulations prescribed by the director. Any such employee, when deemed necessary by the director, shall give proper bond to the state, conditioned for the faithful performance of the employee's duties. Such bonds may, in the discretion of the director, be individual, schedu... |
Section 123.09 | Claims paid upon order of director.
...air, maintenance, and operation of the public works of Ohio, including salary and expenses of all employees engaged in such work, shall be paid upon the order of the director of administrative services. |
Section 123.10 | Authority to contract; declaration of public exigency.
...ency may be awarded without competitive bidding or selection as set forth in Chapter 153. of the Revised Code. (C) The executive director of the Ohio facilities construction commission may issue a declaration of a public exigency on the executive director's own initiative or upon the request of the director of any state agency, a state institution of higher education as defined in division (A)(1) of section 3345.12 ... |
Section 123.11 | Power to take lands and materials.
...When a public exigency, as defined in division (A) of section 123.10 of the Revised Code, exists, the executive director of the Ohio facilities construction commission may take possession of lands and use them, or materials and other property necessary for the maintenance, protection, or repair of the public works, in accordance with sections 163.01 to 163.22 of the Revised Code. |
Section 123.12 | Written approval required for lease or sale of land.
...No land lease or sale of state lands shall be made by the director of administrative services except upon the written approval of the governor and the attorney general. |
Section 123.13 | Custodian.
...d documents that pertain to any of the public works of this state. |
Section 123.15 | Rules pertaining to lands under department's supervision.
...The department of administrative services may adopt, amend, and rescind rules pertaining to lands under the supervision of the department in accordance with Chapter 119. of the Revised Code. |
Section 123.16 | Filing of bids, proposals and contracts.
...All bids, proposals, and contracts received by the director of administrative services shall be indorsed, filed, and preserved in his office. Copies of contracts for work or materials, water privileges or lands on which such privileges are to be used, leases, and all other contracts entered into by the director shall be filed and recorded in his office within thirty days from their execution. |
Section 123.17 | Lease of state university land - development.
...upply, and similar matters to meet the requirements of state and local laws. The plans shall also include provision for protection of the property by insurance or otherwise and plans for financing the development, and shall set forth details of the developer's financial responsibility. The department of administrative services may employ as employees or consultants, persons needed to assist it in reviewing the... |
Section 123.18 | Power to administer oaths.
...ertaining to the administration of the public works. |
Section 123.19 | Theater equipment maintenance fund.
...There is hereby established in the state treasury the theater equipment maintenance fund. All appropriate theater-related revenues of the department of administrative services, as determined by the department, shall be credited to that fund and to any accounts created in that fund with the department's approval. All appropriate theater-related expenses of the department, as determined by the department, includi... |
Section 123.20 | Ohio facilities construction commission.
...The commission shall be exempt from the requirements of sections 101.82 to 101.87 of the Revised Code. |
Section 123.201 | Ohio facilities construction commission fund.
...(A) There is hereby created in the state treasury the Ohio facilities construction commission fund, consisting of transfers of moneys authorized by the general assembly and revenues received by the Ohio facilities construction commission under section 123.21 of the Revised Code. Investment earnings on moneys in the fund shall be credited to the fund. Moneys in the fund may be used by the commission, in performing its... |
Section 123.21 | Authority of the commission.
...cost for any projects, improvements, or public buildings to be constructed by state agencies that may be authorized by legislative appropriations or any other funds made available therefor, provided that the construction of the projects, improvements, or public buildings is a statutory duty of the commission. This section does not require the independent employment of an architect or engineer as provided by section 1... |
Section 123.211 | Agency administration of capital facilities projects.
...outh services; (7) The department of public safety; (8) The department of transportation; (9) The department of veterans services; (10) The bureau of workers' compensation; (11) The department of administrative services; (12) Ohio deaf and blind education services. (B) A state agency that wishes to administer a project under division (A) of this section shall submit a request for authorization th... |
Section 123.22 | Duties of Ohio facilities construction commission.
...n may accept and administer grants from public and private sources for carrying out any of its duties under this section. (C) No state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution shall construct or cause to be constructed, within the limits prescribed in this section, a state-funded facility without a proper life-cycle cost analysis as c... |
Section 123.24 | Local administration competency certification program.
...and construction process; (2) Contract requirements; (3) Construction management; (4) Project management. (D) The commission shall award local administration competency certification to any institution of higher education if all of the following apply: (1) The institution applied for certification on a form and in a manner prescribed by the commission. (2) The commission determines that a sufficient number o... |
Section 123.26 | Regulation and collection of tolls, rents, fines, etc.
...eet estimated federal arbitrage rebate requirements. Money in the fund shall be used by the commission for the following purposes: (1) To pay personnel and other administrative expenses of the commission; (2) To pay the cost of conducting evaluations of public works; (3) To pay the cost of building design specifications; (4) To pay the cost of providing project management services; (5) To pay the cost of ope... |
Section 123.28 | Ohio cultural facilities commission definitions.
...n or making available of culture to the public. (I) "Manage," "operate," or "management" means the provision of, or the exercise of control over the provision of, activities: (1) Relating to culture for an Ohio cultural facility, including as applicable, but not limited to, providing for displays, exhibitions, specimens, and models; booking of artists, performances, or presentations; scheduling; and hiring or contr... |
Section 123.281 | Construction and construction services for cultural facilities; state financing.
...t the facility. (F) In addition to the requirements of division (E) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply: (1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the l... |
Section 123.29 | Speaker Jo Ann Davidson theatre.
...The theater in the Vern Riffe center for government and the arts in Columbus, formerly known as the capitol theatre, shall be known as the Speaker Jo Ann Davidson theatre. |
Section 133.01 | Uniform public securities law definitions.
... (V) "Mandatory sinking fund redemption requirements" means amounts required by proceedings to be deposited in a bond retirement fund for the purpose of paying in any year or fiscal year by mandatory redemption prior to stated maturity the principal of securities that is due and payable, except for mandatory prior redemption requirements as provided in those proceedings, in a subsequent year or fiscal year. (W) "Ma... |
Section 133.02 | Public securities are negotiable instruments.
...em taken, in conformity with all legal requirements if all of the following apply: (1) They state that they are issued or entered into under or pursuant to authorizing provisions of law or of any applicable charter or the Ohio Constitution and comply on their face with those provisions. (2) They are issued or entered into for a lawful purpose, as stated in the securities or the legislation authorizing their iss... |
Section 133.022 | Issuance of school construction bonds; Allocations of state portions; Factors to be considered.
...(A) As used in this section: (1) "Large local educational agency" and "qualified school construction bond" have the same meaning as in section 54F of the Internal Revenue Code, 26 U.S.C. 54F. (2) "National limit" means, as applicable, the limitation on the aggregate amount of qualified school construction bonds that may be issued by the states each calendar year under section 54F of the Internal Revenue Code. (3) ... |
Section 133.03 | Public securities are lawful investments.
...kers' compensation, the state teachers, public employees, and school employees retirement systems, and the Ohio police and fire pension fund, notwithstanding any other provisions of the Revised Code or rules adopted pursuant to those provisions by any agency of the state with respect to investments by them; (2) Eligible as security for the repayment of the deposit of public moneys. (B) Section 9.96 of the Revised C... |
Section 133.04 | Net indebtedness of subdivision - certain securities not considered in calculation.
...(A) As used in this chapter, "net indebtedness" means, as determined pursuant to this section, the principal amount of the outstanding securities of a subdivision less the amount held in a bond retirement fund to the extent such amount is not taken into account in determining the principal amount outstanding under division (AA) of section 133.01 of the Revised Code. For purposes of this definition, the principal amou... |
Section 133.05 | Net indebtedness of municipal corporation - certain securities not considered in calculation.
...ditorium, museum, trade show, and other public attraction facilities; (k) Facilities for natural resources exploration, development, recovery, use, and sale; (l) Correctional and detention facilities, including multicounty-municipal jails, and related rehabilitation facilities. (2) Securities issued for the purpose of purchasing, constructing, improving, or extending water or sanitary or surface and storm water se... |
Section 133.06 | Net indebtedness of school district.
...nger be subject to the annual reporting requirements of division (G)(4)(a) of this section. (5) So long as any securities issued under division (G)(2) of this section remain outstanding, the board of education shall monitor the purchase of new alternative fuel vehicles or vehicle conversions pursuant to that division. The board shall maintain and annually update a report in a form and manner prescribed by the faci... |
Section 133.061 | Net securities indebtedness of school district.
...(A) This section applies only to a school district that satisfies all of the following conditions: (1) The district, prior to June 30, 2007, undertook a classroom facilities project under section 3318.37 of the Revised Code. (2) The district will undertake a subsequent classroom facilities project under section 3318.37 of the Revised Code that will consist of a single building housing grades six through twelve.... |
Section 133.07 | Net indebtedness of county - certain securities not considered in calculation.
...ditorium, museum, trade show, and other public attraction facilities; (g) Facilities for natural resources exploration, development, recovery, use, and sale; (h) Correctional and detention facilities and related rehabilitation facilities. (3) Securities issued for the purpose of purchasing, constructing, improving, or extending water or sanitary or surface and storm water sewerage systems or facilities, or a... |
Section 133.08 | County revenue securities.
...(A) In addition to any power to issue securities under other provisions of the Revised Code for the purposes, a county may issue revenue securities as authorized in this section. (B) A county may issue revenue securities to fund or refund revenue securities previously issued, or for any purposes for which it could issue self-supporting securities and, without limitation, any of the following general purposes: (1... |
Section 133.081 | Issuing sales tax supported bonds of county.
...ales tax supported bonds may be sold at public or private sale, and at, or at not less than, the price or prices as the taxing authority determines. If any officer whose signature or a facsimile of whose signature appears on any sales tax supported bonds or coupons ceases to be such officer before delivery of the sales tax supported bonds or anticipation notes, the signature or facsimile shall nevertheless be s... |
Section 133.082 | Securities issued in anticipation of taxes collected.
...(A) A board of county commissioners of a county in which a county land reutilization corporation is organized under Chapter 1724. of the Revised Code, upon the written request of the county treasurer, may issue securities in anticipation of the collection of the current taxes that are not paid on or before the last day on which such taxes may be paid without penalty or that have become delinquent... |
Section 133.083 | Tourism development district revenue supported bonds.
... revenue supported bonds may be sold at public or private sale, and at, or at not less than, the price or prices as the taxing authority determines. If any officer whose signature or a facsimile of whose signature appears on any tourism development district revenue supported bonds or coupons ceases to be such officer before delivery of the tourism development district revenue supported bonds or anticipation notes, th... |
Section 133.09 | Net indebtedness of township - certain securities not considered in calculation.
...(A) Unless it is a township that has adopted a limited home rule government under Chapter 504. of the Revised Code, a township shall not incur net indebtedness that exceeds an amount equal to five per cent of its tax valuation and, except as specifically authorized by section 505.262 of the Revised Code or other laws, shall not incur any net indebtedness unless authorized by vote of the electors. (B) A townsh... |
Section 133.10 | Anticipation securities.
... by any board of library trustees of a public library, or board of park commissioners of a township, to which the budget commission has allotted a share of the local government fund under section 5747.51 of the Revised Code or of the public library fund under section 5747.48 of the Revised Code. (G) The taxing authority of a school district issuing securities under division (A), (C), or (D) of this section sha... |
Section 133.11 | Issuing general obligation securities of county.
...If the taxing authority of a county determines that the funds allocated for current expenses of the county are insufficient to pay those current expenses for the current fiscal year and the cost of the county auditor's assessment of real estate required by section 5713.01 of the Revised Code, the taxing authority may issue general obligation securities of the county in an amount necessary to pay the total estimated c... |
Section 133.12 | Issuing general obligation securities to meet emergencies.
...(A) If the tax commissioner determines that funds are not otherwise available for the purpose, the taxing authority of a subdivision having general property taxing power may issue general obligation securities in case of any of the following: (1) An epidemic or threatened epidemic, or during an unusual prevalence of a dangerous communicable disease, to defray those expenses that the board of health having jur... |
Section 133.13 | Issuing securities in anticipation of levy or collection of special assessments to pay costs of lighting, sprinkling, sweeping, cleaning, providing related or similar services.
...ng the surface of, streets, alleys, and public ways and places. Such securities shall not be general obligations of the issuing subdivision, and shall not pledge to the payment of debt charges any receipts other than the special assessments anticipated, except that a municipal corporation, without incurring debt subject to direct or indirect debt limitations, may also pledge and apply proceeds of its municipal inco... |
Section 133.14 | Issuance of securities to pay final judgment.
...(A) The taxing authority of a subdivision may issue securities for the purpose of providing funds with which to pay one or more final judgments rendered against the subdivision, including settlements of claims approved by a court, if the fiscal officer of the subdivision certifies to the taxing authority that the subdivision is unable, within the limits of its other funds that have been appropriated and are available... |
Section 133.15 | Issuance of securities to pay for permanent improvements.
...(A) The taxing authority of any subdivision may issue securities of the subdivision for the purpose of paying all or any portion of the costs of any permanent improvement that the subdivision is authorized, alone or in cooperation with other persons, to acquire, improve, or construct. Securities may be issued prior to the completion of any proceedings required to authorize the permanent improvement or the expenditur... |
Section 133.151 | Issuing self-supporting securities.
...uthorize. The securities may be sold at public or private sale. (D) Self-supporting securities issued under this section, their transfer, and any income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state. (E) Costs of permanent improvements that may be financed with, and paid from the proceeds of, self-supporting securities issued under this section i... |
Section 133.152 | Issuance of securities to pay for joint county juvenile detention facility improvements.
...uthorize. The securities may be sold at public or private sale. (D) Self-supporting securities issued under this section, their transfer, and any income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state. |
Section 133.16 | Capitalized interest may be included in the principal amount of securities.
...(A) Capitalized interest may be included in the principal amount of Chapter 133. securities to pay the interest that the fiscal officer or taxing authority estimates will become due and payable on the securities prior to the receipt of sufficient taxes, special assessments, or other revenues or receipts from which the interest is generally to be paid. Capitalized interest shall be deposited, as determined by the taxi... |
Section 133.17 | Anticipation securities for special assessments.
...(A) The taxing authority of a subdivision may issue securities in anticipation of the collection of unpaid special assessments in an amount sufficient to pay that portion of the cost of the permanent improvement or service for which the special assessments have been levied. Proceeds of the annual collections of the special assessments shall be applied first to pay the debt charges on the securities payable from those... |
Section 133.18 | Submission of question of issuance of general obligation bonds to electors.
...(A) The taxing authority of a subdivision may by legislation submit to the electors of the subdivision the question of issuing any general obligation bonds, for one purpose, that the subdivision has power or authority to issue. (B) When the taxing authority of a subdivision desires or is required by law to submit the question of a bond issue to the electors, it shall pass legislation that does all of the following:... |
Section 133.19 | Fiscal officer of subdivision to certify estimate of maximum maturity.
...(A) Before the taxing authority passes the initial legislation under section 133.22 or 133.23 of the Revised Code providing for the issuance of Chapter 133. securities for purposes of permanent improvements, and any subsequent legislation for the purpose if the certification is changed, the fiscal officer of the subdivision shall certify to the taxing authority the estimate of the maximum maturity of the bonds, and, ... |
Section 133.20 | Maximum maturity.
... enlarging, extending, and improving a publicly owned railroad or line of railway or a light or heavy rail rapid transit system, including related bridges, overpasses, underpasses, and tunnels, but not including rolling stock or equipment; (c) Pursuant to section 307.675 of the Revised Code, constructing or repairing a bridge using long life expectancy material for the bridge deck, and purchasing, installing, ... |
Section 133.21 | Paying principal amount of securities in installments.
... or mandatory sinking fund redemption requirements, in: (1) Substantially equal principal installments; or (2) In such principal installments that the total principal and interest payments on those securities in any fiscal year in which principal is payable is: (a) Not more than three times the amount of those payments in any other fiscal year; or (b) Substantially equal; or (c) In the case of self-support... |
Section 133.22 | Authorizing anticipatory securities.
...other securities and in excess of other requirements of the bond retirement fund for the current fiscal year, or temporarily advanced for the purpose from any special fund of the subdivision to which the purpose of the anticipatory securities relates, or from the general fund of the subdivision; or (iii) Any combination of the foregoing; or (b) There is currently in effect an interest rate swap arrangement between ... |
Section 133.23 | Legislation authorizing issuance of anticipatory securities.
...essments, revenues and surplus funds of public utilities, any surplus in the funds from which such bonds are to be retired, or other moneys specifically assigned by law or by legislation of the taxing authority for payment of such debt charges. (D) The fiscal officer of the subdivision shall file a copy of the legislation with the county auditor of each county in which any part of the subdivision is located. |
Section 133.24 | Tax anticipation notes anticipating collection of proceeds of voted property tax levy.
... may be authorized, issued, and sold at public or private sale, may mature or be payable, and the proceeds shall be deposited and applied, as provided in division (A)(1) or (2)(b) of section 133.21, division (A) of section 133.22 to the extent applicable, section 133.27, divisions (A) and (C) of section 133.30, and sections 133.31 and 133.33 of the Revised Code. The proceeds of the notes, if authorized in the legisla... |
Section 133.25 | Levying property tax to debt charges on securities payable from property taxes.
...ion fails or refuses to comply with the requirements of this chapter or the applicable proceedings, or defaults in any contract made with the holders of those securities, the holders of not less than twenty-five per cent in principal amount of the outstanding securities of that issue may appoint a trustee, who may be the fiscal agent, to represent those holders for the purposes provided in this division (B)(4). That ... |
Section 133.26 | Securities to contain statement of purposes and authorization.
...(A) Securities issued by a subdivision shall state on their face the purposes, stated in summary terms, for which, and identify the legislation under which, they are issued. They shall bear interest at a rate or rates as provided for in that legislation. In the case of voted general obligation bonds to be payable from sources other than property taxes or special assessments pursuant to provision for payment from suc... |
Section 133.27 | Signing securities.
...(A) Chapter 133. securities shall be signed on behalf of the subdivision as follows: (1) In the case of a municipal corporation, by the mayor or other chief executive officer and by the fiscal officer, or by any other officers who are designated to sign by the charter or legislation of its taxing authority; (2) In the case of a county, by at least two members of its taxing authority and by the county auditor, or,... |
Section 133.29 | Offering of securities to officers of bond investment fund or treasury investment board.
...(A) Before a taxing authority sells any securities of the subdivision to others, the taxing authority may offer the securities at their purchase price and accrued interest to the officer or officers who have charge of the bond retirement fund of the subdivision, or in the case of a municipal corporation to the treasury investment board for investment under section 731.56 of the Revised Code, or an officer or similar ... |
Section 133.30 | Sale of securities.
...d, including any mandatory sinking fund requirements, and any provisions for call or redemption prior to maturity, including any mandatory sinking fund redemption requirements; (c) The maximum rate or rates of interest if any, any other limitations on interest or interest rates or the manner of determining the interest rate or rates, and any maximum permitted discount; (d) The dates of payment of interest; (e) The... |
Section 133.31 | Delivering securities.
...ing the best bid for securities sold at public sale. (B) The subdivision or its paying agent or registrar shall not deduct any amount from the debt charges payable on any securities as any registration, transfer, exchange, collection, payment, or other service charge. |
Section 133.32 | Depositing proceeds from sale.
...Unless otherwise provided by law or in proceedings authorized by law, proceeds from the sale of Chapter 133. securities shall be deposited and credited as follows: (A) An amount equal to the principal amount of or the discount purchase price of the securities, and if determined by the taxing authority or the fiscal officer any amount for capitalized interest, shall be credited to the fund or funds for the purposes o... |
Section 133.33 | Furnishing of transcript of proceedings to purchaser.
...inutes of the taxing authority or other public issuer shall prepare and certify, and if requested by the original purchaser of the securities or of the fractionalized interests in its public obligations furnish to that original purchaser, a true transcript of proceedings pertaining to the securities or to the public obligations. The transcript shall include all of the following: (1) A statement of the character of t... |
Section 133.34 | Refunding securities.
...f any mandatory sinking fund redemption requirements. (6) Issue tourism development district revenue supported bonds to fund or refund any outstanding revenue or mortgage revenue or general obligation or other special obligation securities previously issued by it for permanent improvements pursuant to authorization by law or the Ohio Constitution. Any tourism development district revenue supported bonds issued pursu... |
Section 133.35 | Exchange of securities in depositories.
...ch officer determines that it is in the public interest to refund such securities and exchange them for refunding securities to be issued pursuant to any such refunding or plan of refunding under this chapter or complementary sections of the Revised Code, such officer may, with the consent of such depositor, or of its conservator if one has been appointed, or of the superintendent of banks if he has taken possession ... |
Section 133.36 | Refunding of securities under bankruptcy act.
...For the purpose of enabling subdivisions to take advantage of the act of congress entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, including acts amendatory thereof and supplementary thereto, and for that purpose only, and notwithstanding any statutes of this state to the contrary, particularly this chapter, the taxing authority of any subdivision prov... |
Section 133.37 | Refunding special assessment bonds.
...With the approval of the tax commissioner, the taxing authority of any subdivision at any time may refund any outstanding bonds of the subdivision which have matured or which are about to mature and which were issued in anticipation of the collection of special assessments, together with the amount of the interest coupons due or to become due on such bonds. The commissioner shall approve such issue only to any extent... |
Section 133.38 | Proceedings when anticipatory securities remain unsold.
...es remain unsold after being offered at public or private sale under section 133.30 of the Revised Code, the taxing authority may, with the consent of the holder of any of the anticipatory securities, by legislation renew or extend the maturity of any of such anticipatory securities with interest at the same or a new rate or rates, for not to exceed one year, to be evidenced by notation on the anticipatory securities... |
Section 133.39 | Issuance of duplicate security, check or warrant - alternative.
...(A) The taxing authority of a subdivision may authorize, by specific legislation or by general legislation authorizing the fiscal officer or registrar to act for it, the issuance of a duplicate security to the holder or owner of any lost, stolen, mutilated, or destroyed security, including any appertaining coupons, as provided in section 1308.41 of the Revised Code, or any check or warrant issued in payment of debt c... |
Section 133.40 | Exchange procedures for securities.
...(A) A subdivision may, if authorized by the taxing authority and upon the request of and at the expense of the original purchaser, in the case of initial delivery of securities, or holder of coupon securities, issue fully registered securities in lieu of or in exchange for coupon securities in a principal amount not exceeding the unpaid principal amount of the coupon securities. Such fully registered securities shall... |
Section 133.41 | Register of fully registered securities - payment of debt charges - transfers.
...(A) A subdivision shall keep or cause to be kept a register for the purpose of effecting the exchange, transfer, and payment of fully registered securities, which shall show the date, series, denomination, and owner of such fully registered securities and, if the case, the number and series of the coupon securities for which they were exchanged. (B) A subdivision shall pay or cause to be paid the debt charges on ful... |
Section 133.42 | Registration of coupon securities - transfer.
...(A) A subdivision may register any coupon security registrable as to principal upon the request of the owner or holder. The officer in charge of the bond retirement fund or, if there is no such officer, the fiscal officer of the subdivision shall note the registration on the security. Thereafter, no transfer shall be valid unless the transfer is entered on the records of the subdivision and similarly noted on the sec... |
Section 133.50 | Delivery of bonds.
...When any officers, boards, or commissions have consented to any exchange or plan of exchange as provided in section 133.49 of the Revised Code, any officer having possession of any notes or bonds to be exchanged for refunding bonds shall deliver them pursuant to such exchange or plan and he shall receive the bonds to be issued in exchange therefor, together with any cash to be paid pursuant to such plan. |
Section 133.51 | Issuing public obligations for housing purposes.
...oration, or township may issue or incur public obligations, including general obligations, to provide, or assist in providing, housing pursuant to Section 16 of Article VIII, Ohio Constitution. |
Section 133.52 | Public obligations for conservation/revitalization purposes.
...tion, or township may issue or incur public obligations, including general obligations, to provide, or assist in providing, grants, loans, loan guarantees, or contributions for conservation and revitalization purposes pursuant to Sections 2o and 2q of Article VIII, Ohio Constitution. |
Section 133.54 | Refunding serial bonds - reassessment - taxpaying period - rate of interest.
...Whenever bonds issued in anticipation of the collection of special assessments are refunded, as authorized by section 133.37 of the Revised Code, the taxing authority may reassess against each lot or parcel of land upon which the original assessments were levied and are due and unpaid, the due and unpaid part of the installments of such assessments with interest. Whenever, irrespective of the issuance of any refundin... |
Section 133.55 | Notice of reassessment - tax duplicate - objections - hearing.
...cal officer shall prepare and file for public inspection a list containing the names of the owners, a tax duplicate description of each parcel of land on which the reassessment will be levied, and the total amount to be reassessed, separately stated as to each parcel, and the taxing authority shall publish notice for two consecutive weeks in a newspaper of general circulation in the political subdivision, or a... |
Section 133.56 | Levy - certification - payment and collection of reassessments - exception.
...After the taxing authority has approved the assessments provided for in section 133.54 of the Revised Code, like proceedings shall be had for the levy, certification, payment, and collection of said assessments as apply to the levy, certification, payment, and collection of original assessments, and all laws relating to the levy, certification, payment, and collection of original assessments, except as otherwise set ... |
Section 133.57 | Pending suits - lien of reassessment to attach to land in hands of purchaser at judicial sale - order of court.
...Whenever a political subdivision has started proceedings under section 133.54 of the Revised Code to reassess any original assessment installments against any lot or parcel of land, and there is pending, or prior to the cancellation of the original assessment installments there is commenced, a suit in any manner involving the lien of such original assessment or assessment installments, the lien of any such reassessme... |
Section 133.60 | Issuing bonds to acquire agricultural easements.
...(A) As used in this section and in section 133.61 of the Revised Code: (1) "Agricultural easement" has the same meaning as in section 5301.67 of the Revised Code. (2) "Bonds" means notes or bonds. (B) The board of county commissioners of a county may issue bonds for the purpose of acquiring agricultural easements. The issuance of the bonds is subject to this chapter, except that their maturity shall not extend bey... |
Section 133.61 | Issuing general obligation bonds to acquire agricultural easements.
...The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township may issue general obligation bonds for the purpose of acquiring agricultural easements. The bonds shall be issued in the manner provided in section 133.18 of the Revised Code and pursuant to this chapter. All moneys raised by the issuance of bonds under this section, after paym... |
Section 133.70 | Complaint for validation of authority to issue or enter into securities.
...son issuing fractionalized interests in public obligations, an obligor, and, in the case of public obligations, the public issuer. (2) "Securities" also includes public obligations as defined in division (GG)(2) of section 133.01 of the Revised Code and fractionalized interests in public obligations, both referred to in this section as "division (A)(2) securities." (B)(1) An issuer, at any time prior to its issuanc... |
Section 133.99 | Penalty.
...Whoever violates division (C) of section 133.33 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 145.01 | Public employees retirement system definitions.
...urpose of satisfying the service credit requirements and of determining eligibility under section 145.33 or 145.332 of the Revised Code, means employment covered under this chapter or under a former retirement plan operated, recognized, or endorsed by the employer prior to coverage under this chapter or under a combination of the coverage. (Z) "Deputy sheriff" means any person who is commissioned and employed as a... |
Section 145.011 | Certain university and college employees included.
...In addition to the membership of the public employees retirement system as prescribed in division (A) of section 145.01 of the Revised Code and notwithstanding Chapter 3309. of the Revised Code, there shall be included in such membership all of the following: (A) The nonteaching employees of the Cleveland state university and the northeast Ohio medical university; (B) Any person who elects to transfer from the scho... |
Section 145.012 | Public employee defined.
...(A) "Public employee," as defined in division (A) of section 145.01 of the Revised Code, does not include any person: (1) Who is employed by a private, temporary-help service and performs services under the direction of a public employer or is employed on a contractual basis as an independent contractor under a personal service contract with a public employer; (2) Who is an emergency employee serving on a tempora... |
Section 145.013 | Fireman electing to remain in system.
...A member of the public employees retirement system who on the effective date of this section is employed as a fireman in a position requiring satisfactory completion of a fire fighter training course approved under section 3303.07 of the Revised Code or conducted under section 3737.33 of the Revised Code may elect to remain a contributing member of the retirement system by giving notice to the system not later than n... |
Section 145.014 | Regional council of governments employees.
...(A) "Employer" or "public employer," as defined in division (D) of section 145.01 of the Revised Code, does not include a regional council created under Chapter 167. of the Revised Code that meets all of the following criteria: (1) Membership in the council consists of political subdivisions of Ohio and at least two other states; (2) The primary purpose of the council is regional transportation planning; (3) The c... |
Section 145.015 | County historical society employee electing to remain in system.
... to remain a contributing member of the public employees retirement system by giving notice to the system not later than ninety days after the effective date of this section. The election once made is irrevocable. |
Section 145.016 | Credit for contributing service.
...service was full-time or part-time. The public employees retirement board has no authority to reduce the credit. |
Section 145.017 | Calculation of final average salary.
...(A) For a member eligible for a retirement allowance under division (A) or (B) of section 145.32 of the Revised Code or division (A), (B), or (E)(1), (3), or (4) of section 145.332 of the Revised Code, the number of years used in the calculation of final average salary shall be three and the sum of the earnable salary for those years shall be divided by three. (B) For a member eligible for a retirement allowance u... |
Section 145.018 | Conditions for full year of credit.
...ection 145.016 of the Revised Code, the public employees retirement board shall grant a full year of service credit to a member of the retirement system if all of the following conditions are met: (A) The member is employed by a county board of developmental disabilities. (B) The member's employment is in a position that would be covered by Chapter 3309. of the Revised Code if the member was employed by a public ... |
Section 145.03 | Public employees retirement system - exemption from compulsory membership.
...(A) A public employees retirement system is hereby created for the public employees of the state and of the several local authorities mentioned in section 145.01 of the Revised Code. Except as provided in division (B) of this section, membership in the system is compulsory upon being employed and shall continue as long as public employment continues. (B) A student who is not a member at the time of his employment wi... |
Section 145.031 | Exemption requests by Hamilton county municipal court employees.
...ry 16, 1978, upon a compliance with the requirements of this section; (2) The filing of the request for exemption within thirty days of the effective date of the agreement. (B) No employee contributions shall be deducted from the earnable salary or compensation of, or paid to the public employees retirement system on account of, any employee of the Hamilton county municipal court who, upon compliance with division ... |
Section 145.032 | Exemption requests by Hamilton county air pollution control employees.
...ary 1, 1980, upon a compliance with the requirements of this section; (2) The filing of the request for exemption within thirty days of the effective date of the agreement. (B) No employee contributions shall be deducted from the earnable salary or compensation of, or paid to the public employees retirement system on account of, any employee of the Hamilton county department of air pollution control who, upon compl... |
Section 145.033 | Exemption requests by Cincinnati correctional institute employees.
...xempt from compulsory membership in the public employees retirement system and to continue contributing membership in the city of Cincinnati retirement system on and after that date by filing a written request for exemption from the public employees retirement system, which request shall bear the signature of the employee, with the public employees retirement board, provided that the: (1) Board of commissioners of H... |
Section 145.034 | Exemption requests by members becoming subject to social security tax.
...A member of the public employees retirement system who is a public employee as defined in division (A)(2) of section 145.01 of the Revised Code and whose earnings from employment are or become subject to the tax on wages imposed by the "Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as amended, may elect to have such earnings exempted from contributions to the public employees retiremen... |
Section 145.035 | Exemption requests by department of development employees located in foreign countries.
...tem in lieu of becoming a member of the public employees retirement system may choose to be exempted from membership in the public employees retirement system by signing a written application for exemption within the first month after being employed and filing such application with the public employees retirement board. The application, when approved as to form by the board and filed with the employer, shall be irrev... |
Section 145.036 | Transmission of list of independent contractors; determination of status by board.
...last day of January of each year, each public employer shall transmit to the public employees retirement system a list of all individuals providing personal services who at any time during the preceding calendar year received compensation from the employer for which no contributions were deducted under section 145.47 of the Revised Code because the employer classified the individual as an independent contractor... |
Section 145.037 | Request to be classified as public employee.
...ged in business. A contract between a public employer and a business entity shall state that all individuals employed by the business entity who provide personal services to the public employer are not public employees for purposes of this chapter. (B)(1) Except as provided in division (B)(2) of this section, an individual who provided personal services to a public employer on or before January 7, 2013, but w... |
Section 145.038 | Acknowledgement of independent contractor status.
...(A) A public employer who on or after January 7, 2013, begins to receive personal services from an individual it classifies as an independent contractor or another classification other than public employee shall inform the individual of the classification and that no contributions will be made to the public employees retirement system for the services. Not later than thirty days after the services begin, the em... |
Section 145.04 | Public employees retirement board.
...l administration and management of the public employees retirement system and the making effective of Chapter 145. of the Revised Code, are hereby vested in a board to be known as the "public employees retirement board," which shall consist of the following members: (1) One member, known as the treasurer of state's investment designee, who shall be appointed by the treasurer of state for a term of four years ... |
Section 145.041 | Orientation program required for members - continuing education.
...Each member of the public employees retirement board shall, not later than ninety days after commencing service as a board member, complete the orientation program component of the retirement board member education program established under section 171.50 of the Revised Code. Each member of the board who has served a year or longer as a board member shall, not less than twice each year, attend one or more pro... |
Section 145.042 | Members with excessive travel expenses ineligible for another term.
...s an elected or appointed member of the public employees retirement board for one or more entire fiscal years in fiscal years 2000, 2001, or 2002 is ineligible for re-election or reappointment to the board if the board paid travel-related expenses of the person or reimbursed the person for travel-related expenses that averaged more than ten thousand dollars annually for those fiscal years. |
Section 145.05 | Term of office - election of employee members - eligibility - nomination by petition.
...s of office of employee members of the public employees retirement board shall be for four years each beginning on the first day of January following election. The election of the county employee member of the board and the employee member of the board representing public library, health district, park district, conservancy district, sanitary district, township, metropolitan housing authority, union cemetery, j... |
Section 145.051 | Special election where person elected unable to serve.
...If a person elected to serve on the public employees retirement board is unable to assume office at the January meeting of the board following the person's election, a special election shall be held in accordance with the provisions of section 145.05 of the Revised Code within three months of the January meeting. On certification of the elections results, the newly elected person shall assume office at the meeting of... |
Section 145.052 | Board member election unnecessary if only one candidate nominated.
....04 and 145.05 of the Revised Code, the public employees retirement board is not required to hold an election, including a special election under section 145.051 of the Revised Code, for a position on the board as an employee member or retirant member if only one candidate has been nominated for the position by petition in accordance with section 145.05 of the Revised Code. The candidate shall take office as if elect... |
Section 145.053 | Candidate campaign finance statements - donor statement of independent expenditures.
...d shall specify that is consistent with requirements for a special election established by section 145.051 of the Revised Code. (5) "Expenditure" means the disbursement or use of a contribution for the purpose of influencing the results of an election to the public employees retirement board under section 145.05 of the Revised Code, including a special election provided for by section 145.051 of the Revised Code, or... |
Section 145.054 | Filing of statements - prohibited campaign activities.
...uring any campaign for, election to the public employees retirement board, shall knowingly and with intent to affect the nomination or the outcome of the campaign do any of the following by means of campaign materials, an advertisement on radio or television or in a newspaper or periodical, a public speech, press release, or otherwise: (1) With regard to a candidate, identify the candidate in a manner that implies t... |
Section 145.055 | Complaint alleging violation of RC 145.054 - procedure - fine.
...ission shall hold a hearing open to the public to determine whether the violation alleged in the complaint has occurred. The commission may administer oaths and issue subpoenas to any person in the state compelling the attendance of witnesses and the production of relevant papers, books, accounts, and reports. On the refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the commission may... |
Section 145.057 | Disqualification of convicted member - misconduct in office - removal procedure.
...(A) The office of a member of the public employees retirement board who is convicted of or pleads guilty to a felony, a theft offense as defined in section 2913.01 of the Revised Code, or a violation of section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be deemed vacant. A person who has pleaded guilty to or been convicted of an of... |
Section 145.058 | Adoption of election rules - certification of nominating petitions and election results.
...(A) The public employees retirement board, following consultation with the secretary of state, shall adopt rules in accordance with Chapter 119. of the Revised Code, governing all of the following: (1) The administration of elections of members of the board under section 145.05 of the Revised Code, special elections provided for by section 145.051 of the Revised Code, and elections held under section 145.06 of the R... |
Section 145.06 | Vacancies.
...the term of any employee member of the public employees retirement board, the remaining members of the board shall elect a successor employee member from the employee group lacking representation because of the vacancy. On certification of the election results in accordance with rules adopted under section 145.058 of the Revised Code, the successor employee member shall hold office until the first day of the ne... |
Section 145.07 | Oath of office - quorum - meetings.
...Each member of the public employees retirement board, upon assuming office, shall take an oath that the member will support the constitution of the United States and the constitution of the state, and that the member will diligently and honestly administer the affairs of the board and that the member will not knowingly violate or willfully permit to be violated any provision of this chapter. Such oath shall be subscr... |
Section 145.071 | Video conference meetings.
...rd annually; (2) All of the following requirements with respect to a meeting in which a member attends by means of video conference: (a) That a majority of the board members attending the meeting shall be present in person at the physical location where the meeting is conducted; (b) That all votes taken at the meeting shall be taken by roll call vote; (c) That a board member who intends to attend a meeting by... |
Section 145.08 | Reimbursing expenses of board members - liability insurance.
...(A) The members of the public employees retirement board shall serve without compensation but shall suffer no loss or penalty whatsoever because of absence from their regular employment to attend meetings authorized and called by the board. The board members shall be reimbursed for all actual necessary expenses from the expense fund created under division (E) of section 145.23 of the Revised Code. Any determination ... |
Section 145.09 | Election of chairperson and appointment of executive director - powers and duties of board.
...The public employees retirement board shall elect from its membership a chairperson. The board shall appoint an executive director who shall serve as secretary to the board, an actuary, and other employees as necessary for the transaction of the business of the public employees retirement system. The compensation of all persons so appointed shall be fixed by the board. Such persons appointed by the board are not empl... |
Section 145.091 | Administering defined benefit and defined contribution plans.
...The public employees retirement system shall administer the PERS defined benefit plan and the PERS defined contribution plans. |
Section 145.092 | Travel expense policies - bonus policy - budget.
...(A) The public employees retirement board, in consultation with the Ohio ethics commission, shall review any existing policy regarding the travel and payment of travel expenses of members and employees of the public employees retirement board and adopt rules in accordance with section 145.09 of the Revised Code establishing a new or revised policy regarding travel and payment of travel expenses. Not less than sixty d... |
Section 145.093 | Ethics policy - commission approval - ethics training.
...ng shall include training regarding the requirements and prohibitions of Chapter 102. of the Revised Code and sections 2921.42 and 2921.43 of the Revised Code and any other training the board considers appropriate. The board shall establish a procedure to ensure that each employee of the board is informed of the procedure for filing a complaint alleging violation of Chapter 102. of the Revised Code or section 2921.4... |
Section 145.094 | Chief investment officer - supervision duties - monitoring of securities transactions.
...(A) The public employees retirement board shall designate a person who is a licensed state retirement system investment officer to be the chief investment officer for the public employees retirement system. The board shall notify the division of securities of the department of commerce in writing of its designation and of any change in its designation within ten calendar days of the designation or change. (B) The ch... |
Section 145.095 | Selection of internal auditor.
...The public employees retirement board shall appoint a committee to oversee the selection of an internal auditor. The committee shall select one or more persons for employment as an internal auditor. The board shall employ the person or persons selected by the committee. The committee shall consist of the following board members: one retirant member, one employee member, and the director of administrative services. T... |
Section 145.10 | Legal adviser.
...neral shall be the legal adviser of the public employees retirement board. |
Section 145.101 | Venue for court actions.
...Any action brought against the public employees retirement system or the public employees retirement board or its officers, employees, or board members in their official capacities shall be brought in the appropriate court in Franklin county, Ohio. |
Section 145.11 | Investment powers and fiduciary duties of board.
...(A) The members of the public employees retirement board shall be the trustees of the funds created by section 145.23 of the Revised Code. The board shall have full power to invest the funds. The board and other fiduciaries shall discharge their duties with respect to the funds solely in the interest of the participants and beneficiaries; for the exclusive purpose of providing benefits to participants and their benef... |
Section 145.111 | No board member or employee shall have an interest in board funds.
...s chapter, no member or employee of the public employees retirement board shall have any interest direct or indirect in the gains or profits of any investment made by the board nor as such directly or indirectly receive any pay or emolument of the member's or employee's services. No member or person connected with the board directly or indirectly, for self or as an agent or partner of others, shall borrow any of its... |
Section 145.112 | Prohibited business transactions.
...The public employees retirement system shall make no investments through or purchases from, or otherwise do any business with any individual who is, or any partnership, association, or corporation that is owned or controlled by, a person who within the preceding three years was employed by, a board member of, or an officer of the public employees retirement system, or in which a person who within the preceding three ... |
Section 145.113 | Restrictions on fiduciaries.
...ection, a fiduciary shall not cause the public employees retirement system to engage in a transaction, if he knows or should know that such transaction constitutes a direct or indirect: (1) Sale or exchange, or leasing, of any property between the system and a party in interest; (2) Lending of money or other extension of credit between the system and a party in interest; (3) Furnishing of goods, services, or facil... |
Section 145.114 | Designation of Ohio-qualified agents - selection policy - utilization - annual report.
...if the agent meets all of the following requirements: (1) The agent is subject to taxation under Chapter 5725., 5726., 5733., 5747., or 5751. of the Revised Code; (2) The agent is authorized to conduct business in this state; (3) The agent maintains a principal place of business in this state and employs at least five residents of this state. (C) The public employees retirement board shall adopt and implement... |
Section 145.115 | Annual disclosures to Ohio Ethics Commission.
...(A) The public employees retirement system shall disclose the following to the Ohio ethics commission: (1) Anything of value received by the system from an agent and anything of value given on behalf of the system by an agent; (2) The name of any employee of the system with authority over the investment of retirement system funds or any board member of the system who deals with an agent regarding amounts described ... |
Section 145.116 | Designation of Ohio-qualified investment managers - utilization - annual report.
...ment manager meets all of the following requirements: (1) The investment manager is subject to taxation under Chapter 5725., 5726., 5733., 5747., or 5751. of the Revised Code; (2) The investment manager meets one of the following requirements: (a) Has its corporate headquarters or principal place of business in this state; (b) Employs at least five hundred individuals in this state; (c) Has a principal place of ... |
Section 145.12 | Certifying rate necessary to pay employer contributions.
...The public employees retirement board shall prepare and submit to the board of county commissioners and county auditor of each county, to the executive head of each municipal corporation, park district, conservancy district, health district, and metropolitan housing authority, to the board of township trustees of each township, and to the board of trustees of each public library, and to each employer, except the stat... |
Section 145.13 | Denomination of bonds.
... be in the denomination required by the public employees retirement board in its resolution of purchase. |
Section 145.14 | Percentage of funds available for annuities and other payments - deposit.
...For the purpose of meeting disbursements for annuities and other payments in excess of the receipts, there shall be kept available by the treasurer of state an amount not exceeding ten per cent of the total amount in the funds provided for by this chapter on deposit in any bank or banks in this state, organized under the laws thereof, or under the laws of the United States, or with any trust company or trust companie... |
Section 145.15 | Employee information provided by each department.
... of each department shall submit to the public employees retirement board a statement showing the name, sex, title, earnable salary, duties, date of birth, and length of service as a public employee of every public employee in his department. |
Section 145.16 | Statement to be filed by employee member.
...Each public employee shall file a detailed statement of all his previous service as a public employee and shall furnish such other information as the public employees retirement board requires for the proper operation of the system. The employee shall file the statement within thirty days of commencing employment. If he fails to do so within that time, the board shall notify his employer's fiscal officer. On receip... |
Section 145.17 | Department monthly statement.
... day of each calendar month, notify the public employees retirement board of the employment or the entering into office of new public employees, and shall submit to the board a statement showing the names, sex, title, earnable salary, duties, and date of birth of the new public employees, and shall also notify the board at the same time of all removals, withdrawals, and changes in salary of any contributors to the pu... |
Section 145.171 | Information to new employees.
...system shall inform the employee of the requirements of section 145.19 of the Revised Code. |
Section 145.18 | Records kept by department heads.
...Under the direction of the public employees retirement board, the head of each department shall keep such records as will enable him to furnish information in such form as the board requires in the discharge of its duties. |
Section 145.19 | Electing defined benefit or defined contribution plan.
...n under this section is received by the public employees retirement system on or before the last day of the one-hundred-eighty-day period, the individual is deemed to have elected to participate in the PERS defined benefit plan. (B) An election under this section shall be made on a form provided by the system and filed with the system. (C) An election under this section shall take effect on the date employmen... |
Section 145.191 | Employee with less than 5 years of service electing to participate in defined contribution plan.
...ided in division (F) of this section, a public employees retirement system member or contributor who, as of December 31, 2002, has less than five years of total service credit is eligible to make an election under this section. A member or contributor who is employed in more than one position subject to this chapter is eligible to make only one election. The election applies to all positions subject to this chapter. ... |
Section 145.192 | Effect of electing defined contribution plan.
...2 of the Revised Code, a member of the public employees retirement system who elects to participate in a PERS defined contribution plan shall be ineligible for any benefit or payment under the PERS defined benefit plan and shall be forever barred from claiming or purchasing service credit with the system or any other Ohio state retirement system, as defined in section 145.30 of the Revised Code, for service co... |
Section 145.193 | Election after reemployment.
...Except as provided in section 145.194 or division (C)(4) of section 3305.05 and division (F) of section 3305.051 of the Revised Code, an election made or deemed to have been made under section 145.19 or 145.191 of the Revised Code applies to all positions subject to this chapter for which the member is contributing under section 145.47 or 145.85 of the Revised Code. A member who terminates employment in all ... |
Section 145.194 | Contributions by law enforcement or public safety officers to defined contribution plan.
... a PERS law enforcement officer or PERS public safety officer shall cease making contributions to a PERS defined contribution plan. During employment as a PERS law enforcement officer or a PERS public safety officer and any concurrent employment in a position subject to this chapter, the member shall contribute only to the PERS defined benefit plan. (B) A member described in division (A) of this section with contrib... |
Section 145.195 | Participants in both defined benefit and defined contribution plans.
...The public employees retirement system may, in accordance with rules it adopts under this section, permit a member who participated in both the PERS defined benefit plan and one or more PERS defined contribution plans to combine years of service as a member for the purpose of determining eligibility for a benefit under section 145.32, 145.331, 145.332, or 145.335 of the Revised Code, or a benefit under a PERS defined... |
Section 145.196 | Consolidation of combined plan with defined benefit plan.
... 145.82 of the Revised Code. (B) The public employees retirement system may, in accordance with rules it adopts under this section, consolidate the PERS combined plan with the PERS defined benefit plan for the purpose of administering the definitely determinable benefits under the PERS combined plan and the allowance payable under section 145.335 of the Revised Code. (C) If the system consolidates the PERS comb... |
Section 145.20 | Elective officials may become members of system - credit for prior service.
...vision thereof having employees in the public employees retirement system shall be considered as an employee of the state or such political subdivision, and may become a member of the system upon application to the public employees retirement board, with all the rights, privileges, and obligations of membership. An elective official who becomes a member of the system on or after January 1, 2003, shall make an ... |
Section 145.201 | Additional service credit purchased by elected or appointed officials.
...member of a board, commission, or other public body may at any time prior to retirement purchase additional service credit in an amount not to exceed thirty-five per cent of the service credit allowed the member for the period of service as an elected or appointed official subsequent to January 1, 1935, other than credit for military service, part-time service, and service subject to the tax on wages imposed by the "... |
Section 145.21 | Individual accounts for each member - mortality tables.
...The public employees retirement board shall provide for the maintenance of an individual account with each contributor showing the amount of the contributor's contributions and the interest accumulations thereon. It shall collect and keep in convenient form such data as is necessary for the preparation of the required mortality and service tables, and for an actuarial valuation of the assets and liabilities of the va... |
Section 145.22 | Actuarial valuation of pension assets, liabilities, and funding requirements.
...nsion assets, liabilities, and funding requirements of the public employees retirement system as established pursuant to this chapter. The actuary shall complete the valuation in accordance with actuarial standards of practice promulgated by the actuarial standards board of the American academy of actuaries and prepare a report of the valuation. The report shall include all of the following: (1) A summary of ... |
Section 145.221 | Amortizing unfunded actuarial accrued pension liability.
...The public employees retirement board shall establish a period of not more than thirty years to amortize the public employees retirement system's unfunded actuarial accrued pension liability. If in any year the period necessary to amortize the unfunded actuarial accrued pension liability exceeds thirty years, as determined by the annual actuarial valuation required by section 145.22 of the Revised Code, the board, no... |
Section 145.222 | Study to determine percentage of employee's compensation to be contributed by public institution of higher education.
... the following: (a) In the case of a public employees retirement system member, the member's earnable salary; (b) In the case of an electing employee, the amount that would be the electing employee's earnable salary if the electing employee was a member of the retirement system. (2) "Compensation ratio" means the ratio for the most recent full fiscal year for which the information is available of the total co... |
Section 145.23 | Creation of funds.
...contingent fund from which the special requirements of the funds may be paid by transfer from this fund. All income derived from the investment of the funds of the system, together with all gifts and bequests, or the income therefrom, shall be paid into this fund. Any deficit occurring in any other fund that will not be covered by payments to that fund, as otherwise provided in Chapter 145. of the Revised Code... |
Section 145.24 | Inequality of contributions by employer.
...h other employers are contributing, the public employees retirement board shall hold all contributions from such employer in a separate fund as long as the inequality of contributions continues. During that period no funds contributed by any other employers shall be used to pay benefits to persons who were employees of such employer at the time of retirement. |
Section 145.25 | Each fund is separate legal entity.
...When reference is made in this chapter, to the employees' savings fund, the employers' accumulation fund, the annuity and pension reserve fund, the income fund, the survivors' benefit fund, the defined contribution fund, or the expense fund, such reference is made to each as a separate legal entity. This section does not prevent the deposit or investment of all such moneys intermingled for such purpose but such funds... |
Section 145.26 | Treasurer of state custodian of funds.
...ll be the custodian of the funds of the public employees retirement system, and all disbursements therefrom shall be paid by the treasurer of state only upon instruments authorized by the public employees retirement board and bearing the signatures of the board; provided, that such instruments may bear the names of the board members printed thereon and the signatures of the chairperson, or of the vice-chairperson in ... |
Section 145.27 | Annual statement of funds.
...rd" means information maintained by the public employees retirement board on an individual who is a member, former member, contributor, former contributor, retirant, or beneficiary that includes the address, telephone number, social security number, record of contributions, correspondence with the public employees retirement system, or other information the board determines to be confidential. (2) The records... |
Section 145.28 | Purchase of service credit for period of self-exemption.
...(B)(2) of this section, a member of the public employees retirement system with at least eighteen months of contributing service in the system, the state teachers retirement system, or the school employees retirement system who exempted self from membership in one or more of the systems pursuant to section 145.03 or 3309.23 of the Revised Code, or former section 3307.25 or 3309.25 of the Revised Code, or was exempt u... |
Section 145.29 | Procedure for purchasing credit.
...(A) A member of the public employees retirement system who elects to purchase or otherwise obtain service credit under section 145.28, 145.291, 145.292, 145.293, or 145.299 or division (G) of section 145.47 of the Revised Code shall do both of the following: (1) Submit a request to the public employees retirement board in a manner or form approved by the board; (2) For each year, or portion of a year, of credit pur... |
Section 145.291 | Purchasing service credit for time spent on pregnancy or adoption.
...Any member of the public employees retirement system who subsequent to January 1, 1935, and the date membership was established was off the payroll either on a leave of absence approved by the then appointing authority or because the member resigned due to pregnancy or adoption of a child may purchase service credit for the period of absence or resignation, provided that subsequent to such leave of absence or r... |
Section 145.292 | Credit for prior service.
...nd the date of becoming a member of the public employees retirement system except a part-time employee who claimed exemption under the provisions of section 145.03 of the Revised Code, may be purchased by any public employee for service rendered an employer. Credit shall be purchased under this section in accordance with section 145.29 of the Revised Code. |
Section 145.293 | Credit for prior service - comparable public position.
...sition in Ohio, would be covered by the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system; (2) Service for which contributions were made by the member or on the member's behalf to a municipal retirement system in this state, except that if the conditions specified in section 145.2... |
Section 145.294 | Payroll deduction plans.
...(A)(1) The public employees retirement board may establish by rule a payroll deduction plan for payment of the cost of restoring service credit under section 145.31 or 145.311 of the Revised Code or purchasing any service credit members of the public employees retirement system are eligible to purchase under this chapter, or for making additional deposits under section 145.583 or 145.62 of the Revised Code. In ... |
Section 145.295 | Credit for service in uniform retirement system.
...the United States. (B) A member of the public employees retirement system who has contributions on deposit with, but is no longer contributing to, a uniform retirement system shall, in computing years of service, be given full credit for service credit earned under Chapter 742. or 5505. of the Revised Code or for military service credit if a transfer to the public employees retirement system is made under this divis... |
Section 145.296 | Contributions during disability leave.
...Except as otherwise provided in section 124.385 of the Revised Code, any contributor who is granted disability leave pursuant to a program sponsored by his employer, whereby the contributor receives a percentage of his salary while on disability leave, shall not be required to make contributions for time off while on disability leave. Except as otherwise provided in section 124.385 of the Revised Code, each employe... |
Section 145.297 | Retirement incentive plan.
...ustees, metropolitan housing authority, public library, county law library, union cemetery, joint hospital, or other political subdivision or unit of local government. (2) With respect to state employees, any entity of the state including any department, agency, institution of higher education, board, bureau, commission, council, office, or administrative body or any part of such entity that is designated by the ent... |
Section 145.298 | Retirement incentive plan - closing of or layoff at state institution.
...is section shall be consistent with the requirements of section 145.297 of the Revised Code, except that the plan shall go into effect at the time the layoffs or proposed closings are announced and shall remain in effect until the date of the layoffs or closings. (2) If the employing unit already has a retirement incentive plan in effect, the plan shall remain in effect at least until the date of the layoffs or clo... |
Section 145.299 | Purchasing credit for service as school board member.
... governing board. (B) A member of the public employees retirement system may purchase credit for service as a school board member if all of the following conditions are met: (1) The member is eligible to retire under this chapter or will become eligible to retire as a result of purchasing the credit. (2) The member agrees to retire within ninety days after receiving notice of the additional liability under s... |
Section 145.2910 | Transferring service credit and contributions between PERS and Cincinnati retirement system.
...e transfers that is consistent with the requirements of sections 145.2911 and 145.2912 of the Revised Code and includes both of the following: (a) A provision under which the retirement systems agree to transfer the amounts specified in those sections; (b) A provision that specifies an amount of credit the system to which the transfer is made will grant for a specific period of service earned under the transferring... |
Section 145.2911 | Eligibility for credit for service in Cincinnati retirement system.
...e Revised Code are met, a member of the public employees retirement system who is not receiving a pension or benefit from the public employees retirement system is eligible to obtain credit for service as a member of the Cincinnati retirement system under this section. (B) A member of the public employees retirement system who has contributions on deposit with, but is no longer contributing to, the Cincinnati retire... |
Section 145.2912 | Transferring contributions to Cincinnati retirement system.
...who is a member or former member of the public employees retirement system but not a current contributor and who is not receiving a pension or benefit from the public employees retirement system elects to receive credit under the Cincinnati retirement system for service for which the person contributed to the public employees retirement system or purchased or obtained as military service credit, the public employees ... |
Section 145.2913 | Transferred service credit from uniform retirement system.
...ommenced the employment covered by the public employees retirement system for which the member is currently contributing to the system. (B) A member of the public employees retirement system who has contributions on deposit with, but is no longer contributing to, a uniform retirement system shall, in computing years of service, be given full credit for transferred service credit if a transfer to the public em... |
Section 145.2914 | Non-law enforcement service as law enforcement service.
...(A) The public employees retirement board may adopt rules in accordance with section 145.09 of the Revised Code to establish a program under which service credit earned under section 145.33 of the Revised Code or division (A)(2), (B)(1)(b), or (C)(2) of section 145.332 of the Revised Code is treated as service credit earned under division (A)(1), (B)(1)(a), or (C)(1) of section 145.332 of the Revised Code if the memb... |
Section 145.2915 | Credit for work missed while receiving workers' compensation.
... the Revised Code. (B) A member of the public employees retirement system may purchase service credit under this section for any period during which the member was out of service with a public employer and receiving workers' compensation if the member returns to employment covered by this chapter. (C) For credit purchased under this section: (1) If the member is employed by one public employer, for each year of cr... |
Section 145.2916 | Credit for salary increases for elected officials.
...er's request and on notification to the public employees retirement system, the public employees retirement board shall compute the total additional amount the member and employer would have contributed, or the amount by which each of the member's and employer's contributions would have increased, had the member received the increased salary for the office the member holds. If the member elects to have the comb... |
Section 145.30 | Credit for military service.
... the Ohio police and fire pension fund, public employees retirement system, school employees retirement system, state highway patrol retirement system, or the state teachers retirement system. (2) This section applies only to service in the armed forces that occurred prior to October 13, 1994, the date on which the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C. 101, b... |
Section 145.301 | Purchasing military service credit.
...entation of the service and subject to public employees retirement board rules, a member may purchase service credit for each year or portion of a year of service incurred by reason of having been on active duty as a member of the reserves or the Ohio national guard for which the member is not eligible to purchase credit under division (B)(1) of this section. Any credit purchased under this section shall be co... |
Section 145.302 | Purchasing uniformed services credit.
...nted the member if all of the following requirements are met: (1) The member was a member and maintained membership in the public employees retirement system in accordance with section 145.41 of the Revised Code; (2) The member was out of active service as a public employee by reason of service in the uniformed services; (3) The member was honorably discharged or released from service in the uniformed services; (... |
Section 145.31 | Restoring service credit.
...ction, a member or former member of the public employees retirement system with at least eighteen months of contributing service credit in this system, the state teachers retirement system, the school employees retirement system, the Ohio police and fire pension fund, or the state highway patrol retirement system, after the withdrawal of accumulated contributions and cancellation of service credit in this system, may... |
Section 145.311 | Payroll deduction plans - restoring SERS or STERS credit.
...(A) A member of the public employees retirement system who has at least eighteen months of contributing service credit in the system, the Ohio police and fire pension fund, school employees retirement system, state teachers retirement system, or state highway patrol retirement system, and is a former member of or no longer contributing to the school employees retirement system or state teachers retirement system may ... |
Section 145.312 | Proceedings on request for restoration of service credit.
...ction 3309.261 of the Revised Code, the public employees retirement system shall do both of the following: (A) Calculate and certify to the requesting retirement system the cost to a former member to restore service credit under section 145.31 of the Revised Code for each year or portion of a year for which the former member seeks to restore service credit under that section. (B) Inform the requesting retirement sy... |
Section 145.32 | Age and service retirement.
..., the member meets one of the following requirements: (1) Has five or more years of total service credit and has attained age sixty; (2) Has twenty-five or more years of total service credit and has attained age fifty-five; (3) Has thirty or more years of total service credit at any age. (B)(1) A member who would be eligible to retire not later than ten years after January 7, 2013, if the requirements of ... |
Section 145.323 | Cost of living increase.
...therwise provided in this section, the public employees retirement board shall annually increase each allowance, pension, or benefit payable under this chapter. Until the last day of December of the fifth full calendar year after the effective date of this amendment, the increase shall be three per cent. For each succeeding calendar year, the increase shall be as follows: (1) For each allowance, pension, or... |
Section 145.33 | Allowance upon age and service retirement.
...(A)(1) Except as provided in sections 145.332 and 145.335 of the Revised Code, when a member retires on age and service retirement, the member's total annual single lifetime allowance shall be an amount adjusted in accordance with division (A)(2) or (B) of this section and determined by multiplying the member's total service credit by the following: (a) If the member is eligible for age and service retirement unde... |
Section 145.331 | Disability allowance recipient applying for service retirement.
...(A) A recipient of a disability allowance under section 145.361 of the Revised Code who is subject to division (C)(3) of that section may make application for age and service retirement under this section. Retirement shall be effective on the first day of the first month following the last day for which the disability allowance is paid. (B) The annual allowance payable under this section shall consist of the sum o... |
Section 145.332 | Determination of eligibility for age and service retirement.
..., the member meets one of the following requirements: (1) Has attained age forty-eight and has at least twenty-five years of total service credit as a PERS law enforcement officer; (2) Has attained age fifty-two and has at least twenty-five years of total service credit as a PERS public safety officer or has service as a PERS public safety officer and service as a PERS law enforcement officer that when combined... |
Section 145.333 | Contribution based benefit cap.
...benefit cap, a limit established by the public employees retirement board on the retirement allowance a member may receive. (B) Based on the advice of an actuary appointed by the board, the board shall designate a number as the CBBC factor. The board may revise the factor pursuant to advice from an actuary appointed by the board. (C) Prior to paying a retirement allowance, the public employees retirement system... |
Section 145.334 | Election as PERS law enforcement officer or public safety officer.
... a PERS law enforcement officer or PERS public safety officer by giving notice to the public employees retirement system on a form provided by the public employees retirement board. To be valid, the notice must be received by the retirement system not later than ninety days after the effective date of this section . The election, once made, causes the member to be considered a PERS law enforcement officer or PERS pub... |
Section 145.335 | Age and service retirement for former combined plan members.
... section applies only to members of the public employees retirement system participating in the PERS combined plan, as defined in section 145.196 of the Revised Code, that was consolidated by the system with the PERS defined benefit plan under that section. (B)(1) When a member described in section 145.196 of the Revised Code retires on age and service retirement, the total annual single lifetime allowance for tha... |
Section 145.35 | Providing disability coverage for on-duty illness or injury.
...ian" means a physician appointed by the public employees retirement board to conduct a medical examination of a disability benefit applicant or recipient. (2) "Medical consultant" means a physician appointed by the board to review a member's application for a disability benefit or an appeal of a denial or termination of a benefit. (3) "On-duty illness or injury" means an illness or injury that occurred during o... |
Section 145.351 | Annual report disability retirement experience of each employer.
...each first day of March thereafter, the public employees retirement board shall make and submit a report for the preceding fiscal year of the disability retirement experience of each employer. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied, and the percentage of disability benefi... |
Section 145.36 | Benefits upon disability retirement.
...plicable age, and is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall be retired on disability under this section. The applicable age is sixty if the member is described in division (A) or (B) of section 145.32 or division (A), (B), or (E)(1), (3), or (4) of section 145.332 of the Revised Code. It is sixty-two if the member ... |
Section 145.361 | Annual amount of disability allowance.
...r this section who is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall receive a disability allowance under this section. The allowance shall be an annual amount equal to the greater of the following: (1) Forty-five per cent of the member's final average salary; (2) The member's total service credit multiplied by two and two-t... |
Section 145.362 | Disability benefit recipient to retain membership status.
... disability benefit was received by the public employees retirement system before January 7, 2013, shall, regardless of when the disability occurred, retain membership status and shall be considered on leave of absence from employment during the first five years following the effective date of a disability benefit, notwithstanding any contrary provisions in this chapter. A disability benefit recipient whose applicat... |
Section 145.363 | Social security disability insurance benefits.
...2 U.S.C. 423 if the recipient meets the requirements of divisions (a)(1)(A),(B), and (C) of that section. The application for a social security disability insurance benefit shall be made before the later of the ninety-first day after the recipient is granted a disability benefit under this chapter or the ninety-first day after the recipient attains eligibility to apply for a social security disability insurance benef... |
Section 145.37 | Coordinating and integrating membership in state retirement systems.
...(1) "State retirement system" means the public employees retirement system, school employees retirement system, or state teachers retirement system. (2) "Total service credit" means all service credit earned in the state retirement systems, except credit for service subject to section 145.38 of the Revised Code. Total service credit shall not exceed one year of credit for any twelve-month period. (3) In addition to... |
Section 145.38 | Employment of retirant.
... retirant" means a former member of the public employees retirement system who is receiving one of the following: (a) Age and service retirement benefits under section 145.32, 145.33, 145.331, 145.332, 145.335, or 145.46 or former section 145.34 of the Revised Code; (b) Age and service retirement benefits paid by the public employees retirement system under section 145.37 of the Revised Code; (c) Any benefit... |
Section 145.381 | Re-employing retirant.
...or most recently has been employed by a public employer in a position that is customarily filled by a vote of members of a board or commission or by the legislative authority of a county, municipal corporation, or township. (B) A board, commission, or legislative authority that proposes to continue the employment as a reemployed retirant or rehire as a reemployed retirant to the same position an individual described... |
Section 145.382 | Employment of certain retirants notwithstanding restrictions.
...d service retirement allowance from the public employees retirement system, and hereafter referred to as a retirant, may be employed, notwithstanding sections 145.38 and 145.46 of the Revised Code, if his later employment has been in a position described in any of the following categories: (1) A position authorized by section 101.31, 121.03, or 121.04 of the Revised Code; (2) A position to which appointment is made... |
Section 145.383 | Continuing contributions to state system after retirement.
...s a position for which a member of the public employees retirement system is making contributions to the system. (3) "Other state retirement system" means the state teachers retirement system or the school employees retirement system. (4) "State retirement system" means the public employees retirement system, state teachers retirement system, or the school employees retirement system. (B)(1) A member of the p... |
Section 145.384 | Retirant may apply for monthly annuity or lump sum payment.
...d Code may file an application with the public employees retirement system to receive either a benefit, as provided in division (B)(2) of this section, or payment of the retirant's contributions made under those sections, as provided in division (H) of this section. (2) A benefit under this section shall consist of an annuity having a reserve equal to the amount of the retirant's accumulated contributions for the pe... |
Section 145.385 | Reemployed retirant electing to resume retirement allowance.
...llowance resume by giving notice to the public employees retirement system. The notice must be given not later than ninety days after October 1, 2002. (B) The retirement allowance shall resume on the first day of the month following receipt of notice by the retirement system. (C) The annuity portion of the retirement allowance that has accumulated to the retirant's credit shall be paid as a single payment on the f... |
Section 145.39 | Increasing pension, benefit, or allowance when limits of 26 USC 415 are raised.
...S.C.A. 415, as amended, are raised, the public employees retirement board shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 145.323, 145.33, 145.331, 145.332, 145.335, 145.36, or 145.361 or former section 145.34 of the Revised Code was limited by the application of section 415. The amount of the increased pension, benefit, or allow... |
Section 145.391 | Establishing and maintaining qualified governmental excess benefit arrangement.
...cess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the public employees retirement system and be maintained solely for the purpose of providing to retired members that part of a benefit otherwise pay... |
Section 145.40 | Payment to member who ceases to be a public employee.
... become exempt from contribution to the public employees retirement system pursuant to section 145.03 of the Revised Code or ceases to be a public employee for any cause other than death, retirement, receipt of a disability benefit, or current employment in a position in which the member has elected to participate in an alternative retirement plan under section 3305.05 or 3305.051 of the Revised Code, upon applicatio... |
Section 145.401 | Making additional payment upon death of member or withdrawal of contributions.
...east five years of service credit, the public employees retirement board shall include the amount specified in rules adopted by the board in the amount payable under section 145.40 of the Revised Code to the member, or under division (B) of section 145.43 of the Revised Code to a beneficiary or beneficiaries of the member, unless at the time of death the member was a disability benefit recipient. The amount sp... |
Section 145.402 | Payments to members who are members of another state retirement system.
...ection, on application, a member of the public employees retirement system who is also a member of one or both of the other retirement systems and has ceased to be a public employee for the purposes of this chapter may be paid, in accordance with section 145.40 of the Revised Code, the member's accumulated contributions to the public employees retirement system, plus any applicable amount calculated under section 145... |
Section 145.41 | Termination of membership - leave of absence.
...irement or who otherwise ceases to be a public employee for any reason other than death or retirement may leave the member's accumulated contributions on deposit with the public employees retirement board and, for the purposes of the public employees retirement system, be considered on a membership leave of absence. The member's membership rights shall continue until the member has withdrawn the member's accumulated ... |
Section 145.43 | Designation or qualification of beneficiaries.
...mp sum. Subject to rules adopted by the public employees retirement board, a member who designates two or more persons as beneficiaries shall specify the percentage of the lump sum that each beneficiary is to be paid. If the member has not specified the percentages, the lump sum shall be divided equally among the beneficiaries. The last designation of any beneficiary revokes all previous designations. The member's m... |
Section 145.431 | Designation of beneficiary.
...duly executed on a form provided by the public employees retirement board and signed by the member. A designation under this section is not valid unless received by the board prior to the member's death. A beneficiary designation made under this section applies to the PERS defined benefit plan or PERS defined contribution plan in which the member participated or, if the member participated in both the defined benefi... |
Section 145.45 | Beneficiary may substitute other benefits.
...as qualified survivors meet eligibility requirements as follows: (a) A qualified spouse is the surviving spouse of the deceased member, who is age sixty-two, or regardless of age meets one of the following qualifications: (i) Except as provided in division (B)(7) of this section, the deceased member had ten or more years of Ohio service credit. (ii) The spouse is caring for a qualified child. (iii) The sp... |
Section 145.451 | Payment of death benefit.
...n application on a form approved by the public employees retirement board, to one of the following in the order given: (1) The person the retirant or disability benefit recipient has designated in writing duly executed on a form provided by the board, signed by the retirant or disability benefit recipient, and filed with the board. If more than one such designation has been made, the person last designated shall be ... |
Section 145.452 | Continuation of service credit purchase upon death of member.
...The surviving spouse of a member who dies on or after the effective date of this amendment may continue any service credit purchase the member initiated before death. A purchase shall be considered to have been initiated before the member's death if the member made one or more payments for the purchase before death. Any service credit purchased under this section shall be applied under the provisions of this... |
Section 145.46 | Electing a plan of payment.
...etirement and on a form provided by the public employees retirement board. A plan of payment elected under this section shall be effective only if approved by the board, which shall approve it only if it is certified by an actuary engaged by the board to be the actuarial equivalent of the retirement allowance calculated under section 145.33, 145.331, 145.332, or 145.335 of the Revised Code. (B) The following plans... |
Section 145.47 | Per cent of compensation required as contribution - deductions.
...(A) Each public employee who is a contributor to the public employees retirement system shall contribute eight per cent of the contributor's earnable salary to the employees' savings fund, except that the public employees retirement board may raise the contribution rate to a rate not greater than ten per cent of the employee's earnable salary. (B) The head of each state department, institution, board, and co... |
Section 145.471 | Crediting of interest to individual accounts of contributors.
...(1) On and after December 13, 2000, the public employees retirement board shall credit interest to the individual accounts of contributors, except that interest shall not be credited to the individual account of a PERS or other system retirant, as defined in section 145.38 of the Revised Code, for contributions received during the period described in division (B)(4)(a) or (b) of section 145.38 of the Revised Code. Fo... |
Section 145.472 | Crediting of interest on account balances of contributors as of 12-31-98.
...hirty days after December 13, 2000, the public employees retirement board shall credit interest to the individual account of each contributor in accordance with this section, except that interest shall not be credited to the individual account of a PERS or other system retirant, as defined in section 145.38 of the Revised Code, for contributions received during the period described in division (B)(4)(a) or (b) of sec... |
Section 145.473 | Interest rates.
... 2000; (5) An amount determined by the public employees retirement board that is not greater than six per cent per annum, compounded annually, on and after December 13, 2000. (B) For the purpose of determining the reserve value of a contributor's annuity, the rate of interest shall be as follows: (1) Four per cent per annum, compounded annually, for contributors retiring before October 1, 1956; (2) Three per ... |
Section 145.48 | Rate of employer contribution.
...(A) Each employer shall pay to the public employees retirement system an amount that shall be a certain per cent of the earnable salary of all contributors to be known as the "employer contribution," except that the public employees retirement board may raise the employer contribution to a rate not to exceed fourteen per cent of the earnable salaries of all contributors. (B)(1) On the basis of regular intere... |
Section 145.483 | Statement of delinquent contributions.
...Upon a finding that an employer failed to deduct contributions pursuant to section 145.47 of the Revised Code during a period of employment for which such contributions were required, a statement of delinquent contributions shall be prepared showing the amount the contributor and employer would have contributed had regular payroll deductions been taken. Simple interest from the end of each calendar year at a ra... |
Section 145.49 | Calculations of employee and employer contribution rates separately.
... 145.47 of the Revised Code: (1) The public employees retirement system shall be authorized to calculate the employee contribution rates separately for those public employees contributing toward benefits as PERS public safety officers under section 145.332 of the Revised Code. (2) Each public employee contributing toward benefits as PERS law enforcement officers under section 145.332 of the Revised Code shal... |
Section 145.51 | Payments into employer's accumulation fund.
...stallments, an amount certified by the public employees retirement board, which equals the employer obligation as described in section 145.12 or 145.69 of the Revised Code. In addition, the board shall add to the employer billing next succeeding the amount, with interest, to be paid by the employer to provide the member with contributing service credit for the service prior to the date of initial contribution t... |
Section 145.52 | Transitional liability - installment payments.
...(A) As used in this section and section 145.53 of the Revised Code, "transitional liability" means an amount equal to the employer obligation due under division (A) of section 145.51 of the Revised Code for the months of October, November, and December of 2007. (B) The transitional liability is payable in three installments on or before December 31, 2008, December 31, 2009, and December 31, 2010. (1) The first inst... |
Section 145.53 | Amounts credited to employer transitional liability.
...(A) From the employer obligation for the month of February 2008, under section 145.51 of the Revised Code, an amount equal to the portion of the employer obligation attributable to section 145.86 of the Revised Code for the months of October, November, and December of 2007, shall be credited to the PERS defined contribution plan to satisfy the portion of the transitional liability attributable to section 145.86 of th... |
Section 145.54 | Annual estimate of amount necessary to defray expenses; transfer of funds.
...amount necessary to cover the ordinary requirements of that fund, the board may transfer to the expense fund such excess amount not exceeding the entire amount required to cover the expenses as estimated for the year. If the amount in the expense fund, including any amount transferred from the income fund, is not sufficient to defray the expenses of administration of the system in the ensuing year, the board ma... |
Section 145.55 | Members deemed to consent to deductions.
...The deductions provided for in this chapter shall be made notwithstanding that the minimum compensation provided for by law for any contributor is reduced thereby. Every contributor is deemed to consent to the deductions made and provided for in this chapter. Payment less the deductions shall be a complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during ... |
Section 145.56 | Tax exemptions.
...The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, any other right accrued or accruing to any individual, under this chapter, or under any municipal retirement system established subject to this chapter under the laws of this state or any charter, the various funds created by this chapter, or under such municipal retirement system... |
Section 145.561 | Acquiring vested right in pension when granted.
...to any person pursuant to action of the public employees retirement board vests a right in such person, so long as the person remains the recipient of any benefit of the funds established by section 145.23 of the Revised Code, to receive such retirement allowance, annuity, pension, or other benefit at the rate fixed at the time of granting such retirement allowance, annuity, pension, or other benefit. Such righ... |
Section 145.562 | Waiver of rights.
...ing a written notice of waiver with the public employees retirement board. Except as provided in division (B) of this section, such waiver shall remain in effect until the first day of the month following his death or the filing of his written cancellation of such waiver with the public employees retirement board. Any amount so waived shall be forever forfeited. (B) If a beneficiary waives in writing all claim to an... |
Section 145.563 | Adjustment for and recovery of erroneous payments.
...n 145.561 of the Revised Code: (A) The public employees retirement system may adjust an allowance or benefit payable under this chapter if an error occurred in calculation of the allowance or benefit; (B) If any person who is a member, former member, contributor, former contributor, retirant, beneficiary, or alternate payee, as defined in section 3105.80 of the Revised Code, is paid any benefit or payment by the pu... |
Section 145.564 | Payroll deduction of membership dues and fees of retiree organizations.
...Any person receiving from the public employees retirement system an allowance, annuity, pension, or benefit may authorize the system to make deductions therefrom for the payment of dues and other membership fees to any retirement association or other organization composed primarily of retired public employees or retired public employees and their spouses if the association or organization adopts a resolution approvin... |
Section 145.57 | Restitution order based on theft in office or certain sex offenses.
...on 2921.41 of the Revised Code, and the public employees retirement board shall comply with that withholding order in making the payment. (B) Notwithstanding any other provision of this chapter, if the board receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that a person who has accumulated contributions standing to the person's credit pursuant to ... |
Section 145.571 | Order for division of marital property.
...l determine whether the order meets the requirements of sections 3105.80 to 3105.90 of the Revised Code. The system shall retain in the participant's record an order the system determines meets the requirements. Not later than sixty days after receipt, the system shall return to the court that issued the order any order the system determines does not meet the requirements. (C) The system shall comply with an order r... |
Section 145.572 | Forfeiture of retirement benefits under RC 2929.192.
... 145.383 of the Revised Code. (2) The public employees retirement system shall comply with a forfeiture order issued under division (A) or (B) of section 2929.192 of the Revised Code at the time the member or contributor applies for payment of the person's accumulated contributions. Upon payment of the person's contributions and cancellation of any corresponding service credit, a person who is subject to the ... |
Section 145.573 | Benefits subject to termination.
...tion 2929.193 of the Revised Code. The public employees retirement board shall comply with the order. On receipt of notice under section 2901.43 of the Revised Code that a public employees retirement system member is charged with an offense listed in division (D) of section 2929.192 of the Revised Code under the circumstances specified in that division, the system shall determine whether the member has been g... |
Section 145.574 | Forfeiture.
... chapter, any right of a member of the public employees retirement system to a disability benefit is subject to a forfeiture order issued under section 2929.194 of the Revised Code. If the retirement system receives notice under section 2901.431 of the Revised Code that felony charges have been filed against a member, the retirement system shall not grant the member a disability benefit unless it determines t... |
Section 145.58 | Group health insurance coverage for retired persons and survivors.
... (D) The board shall establish by rule requirements for the coordination of any coverage or payment provided under this section or section 145.584 of the Revised Code with any similar coverage or payment made available to the same individual by the Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system. (E) The board shall m... |
Section 145.581 | Establishing programs for long term health care insurance.
...de. (2) "Retirement systems" means the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, and the state highway patrol retirement system. (B) The public employees retirement board may establish a long-term care insurance program consisting of the programs authorized by divisions (C) and (D) of this section. Such pr... |
Section 145.582 | Providing health care coverage for elected officials given erroneous information.
...If the public employees retirement system, between June 1, 1992, and December 31, 1992, informed a member in writing that, as a recipient of age and service retirement, the member will receive health care coverage, the system shall grant full-time service credit to the member for each month of contributing service as an elected official prior to December 31, 1987, only for the purpose of health care coverage under se... |
Section 145.583 | Deposits to fund payments under plan.
...expenses. To implement the program, the public employees retirement board may enter into agreements with insurance companies or other entities authorized to conduct business in this state. If the PERS defined benefit plan or a PERS defined contribution plan includes a program described in this section, the board shall adopt rules to establish and administer the program. |
Section 145.584 | Benefits equivalent to medicare.
...n (B) of this section, the board of the public employees retirement system shall make available to each retirant or disability benefit recipient receiving a monthly allowance or benefit on or after January 1, 1968, who has attained the age of sixty-five years, and who is not eligible to receive hospital insurance benefits under the federal old age, survivors, and disability insurance program without payment of premiu... |
Section 145.62 | Additional deposits in employee savings fund.
...Subject to rules adopted by the public employees retirement system under section 145.09 of the Revised Code, a contributor participating in the PERS defined benefit plan or contributing under section 145.38 or 145.383 of the Revised Code may deposit additional amounts in the employees' savings fund established under section 145.23 of the Revised Code. The additional deposits may be made either directly to the retirem... |
Section 145.63 | Refund of additional deposits.
...e spouse's consent to the refund or the public employees retirement board waives the requirement that the spouse consent; (7) In the case of a contributor who has attained eligibility for an age and service retirement benefit as a consequence of section 145.37 of the Revised Code and will receive a retirement or disability benefit from the state teachers retirement system or school employees retirement system but ha... |
Section 145.64 | Application for benefit where refund not received.
... 2007, may file an application with the public employees retirement system for a benefit under this section. Except as provided in section 145.62 of the Revised Code, the benefit shall consist of an annuity that shall be paid as described in division (B) of section 145.46 of the Revised Code. The application must be filed prior to receipt of an age and service retirement benefit from the retirement system or, in the... |
Section 145.65 | Payment of deposits made by deceased contributor.
...duly executed on a form provided by the public employees retirement system, signed by the contributor, and filed with the system prior to the contributor's death. A contributor may designate two or more persons as beneficiaries. Subject to rules adopted by the public employees retirement board, a contributor who designates two or more persons as beneficiaries under this division shall specify the percentage of the de... |
Section 145.69 | Budgeting amount necessary to pay the state's obligation as employer.
...The public employees retirement board shall prepare and certify to the director of budget and management and to the heads of the departments, on or before the first day of November of each even-numbered year, the employer's rate of contribution, which, when applied to earnable salaries to be paid from state funds for positions covered by the public employees retirement system, will produce the amount necessary to pay... |
Section 145.70 | Payment of amounts due retirement system from treasury.
...All amounts due the public employees retirement system from the state treasury pursuant to this chapter shall be promptly paid upon warrant of the director of budget and management pursuant to a voucher approved by the director. |
Section 145.80 | Rules for defined contribution plans.
...The public employees retirement board shall adopt rules to implement each PERS defined contribution plan. |
Section 145.81 | Establishment and administration of defined contribution plan.
...ished under this section shall meet the requirements of sections 145.81 to 145.98 of the Revised Code and any rules adopted in accordance with section 145.80 of the Revised Code. It may include life insurance, annuities, variable annuities, regulated investment trusts, pooled investment funds, or other forms of investment. Each plan may also permit a participant to transfer participation to another plan created under... |
Section 145.811 | Qualification of plan as governmental plan for federal tax purposes.
...S.C.A. 414(d), as amended, and meet the requirements of section 401(a), of the "Internal Revenue Code of 1986," 26 U.S.C.A. 401(a), as amended, applicable to governmental plans. |
Section 145.812 | Qualification of plan as retirement system maintained by a state or local government entity for federal tax purposes.
...fined contribution plan shall meet the requirements necessary to qualify as a retirement system maintained by a state or local government entity under section 3121(b)(7)(F) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3121(b)(7)(F), as amended. Each participant in a plan shall qualify as a member of that system. |
Section 145.813 | Maintaining individual account for each participant.
...ed contribution plan shall require the public employees retirement board, or the entity administering the plan pursuant to a contract with the board, to cause an individual account to be maintained for each member participating in the plan. Amounts to be credited under a PERS defined contribution plan may be deposited into any of the funds created under section 145.23 of the Revised Code or may be transferred ... |
Section 145.814 | Electing to participate in different plan.
... this section and rules adopted by the public employees retirement board under sections 145.09 and 145.80 of the Revised Code. An election to participate in a different plan shall be made in writing on a form provided by the public employees retirement system and filed with the system. The election shall take effect on the first day of the month following the date the election is filed and, except as provided i... |
Section 145.82 | Application of chapter to defined contribution plan.
...irement board may establish eligibility requirements and benefit formulas or amounts that differ from those of members participating in the PERS defined benefit plan. With respect to the purchase of service credit by a member participating in a PERS defined contribution plan, the board may reduce the cost of the service credit to reflect the different benefit formula established for the member. |
Section 145.83 | Accumulating contributions to pay medical and insurance expenses.
...program described in this section, the public employees retirement board shall adopt rules to specify the length of time during which the member will vest in amounts accumulated on the member's behalf and may provide for a minimum annual distribution from the accumulated amount after the member terminates employment in positions subject to this chapter. |
Section 145.85 | Contributions of members.
... of the member's earnable salary to the public employees retirement system as required in section 145.47 of the Revised Code. Contributions made under this section shall not exceed the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. |
Section 145.86 | Contributions of employers.
... of the member's earnable salary to the public employees retirement system as required in section 145.48 of the Revised Code, less the percentage required under section 145.87 of the Revised Code. |
Section 145.87 | Transferring portion of employer contribution to employers' accumulation fund.
... a PERS defined contribution plan, the public employees retirement system may transfer to the employers' accumulation fund a portion of the employer contribution required under section 145.48 of the Revised Code. If the public employees retirement board elects to make a transfer under this section, the portion transferred shall not exceed the percentage of earnable salary of members for whom the contributions ... |
Section 145.88 | Withholding.
... may include provisions authorizing the public employees retirement system to do either of the following: (A) Withhold from the amounts contributed under sections 145.85 and 145.86 of the Revised Code a percentage of earnable salary or a fixed dollar amount that is determined by an actuary appointed by the public employees retirement board to be necessary to administer the plan; (B) Withhold from the amounts contri... |
Section 145.91 | Member rights governed by plan selected.
...The right of each member participating in a PERS defined contribution plan to a retirement, disability, survivor, or death benefit, to health or long-term care insurance or any other type of health care benefit, or to a withdrawal of any amounts that have accumulated on the member's behalf shall be governed exclusively by the plan selected by the member. |
Section 145.92 | Spousal consent or waiver.
... the signature is witnessed by a notary public. A plan may waive the requirement of consent if the spouse is incapacitated or cannot be located or for any other reason specified by the plan or in rules adopted by the public employees retirement board. A plan shall waive the requirement of consent if a plan of payment that provides for payment in a specified portion of the benefit continuing after the member's death ... |
Section 145.95 | Right to payment or benefit vested.
...(A) Subject to division (B) of this section and sections 145.38, 145.56, 145.57, 145.572, 145.573, and 145.574 of the Revised Code, the right of a member participating in a PERS defined contribution plan to any payment or benefit accruing from contributions made by or on behalf of the member under sections 145.85 and 145.86 of the Revised Code shall vest in accordance with this section. A member's right to any payme... |
Section 145.97 | Deposits of members.
...Each PERS defined contribution plan shall permit a member participating in the plan to do both of the following: (A) If the member has withdrawn the amounts that have accumulated on behalf of the member under the plan, returns to employment covered under this chapter, and is participating in a plan that includes definitely determinable benefits, pay to the system the amounts withdrawn in accordance with rules... |
Section 145.98 | Ceasing contributions.
...Contributions under sections 145.85 and 145.86 of the Revised Code shall cease on the member's death or termination of employment or for any other reason specified by the plan selected by the member. |
Section 145.99 | Penalty.
...(A) Whoever violates division (A) of section 145.054 of the Revised Code shall be fined not more than one hundred dollars for each day of the violation. (B) Whoever violates division (B) of section 145.054 of the Revised Code shall be imprisoned for not more than six months or fined not more than five thousand dollars, or both. (C) Fines imposed by the Ohio elections commission under this section shall be paid into... |
Section 147.01 | Appointment and commission of notaries public - notary public for state.
... may appoint and commission as notaries public as many persons who meet the qualifications of division (B) of this section as the secretary of state considers necessary. (B) In order for a person to qualify to be appointed and commissioned as a notary public, except as provided in division (F) of this section, the person shall demonstrate to the secretary of state that the person satisfies all of the following: ... |
Section 147.011 | Definitions.
...ration by an individual before a notary public that the individual has signed a record for the purpose stated in the record, and if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. (B) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. (... |
Section 147.021 | Education and testing.
...d an educational program related to the requirements of this chapter and passed a test demonstrating knowledge of such requirements. (2) The secretary of state may authorize that such a program be completed online. (B) The secretary of state shall adopt, in rules under Chapter 119. of the Revised Code, standards and curricula for the educational program required under this section. The rules shall address all of th... |
Section 147.022 | Criminal records check.
...equest made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following: (1) The person who is the subject of the criminal records check or the person's representative; (2) The secretary of state and the staff of the secretary of state; (3) A court, hearing officer, or other necessary individual involved ... |
Section 147.03 | Term of office.
...Each notary public, except an attorney admitted to the practice of law in this state by the Ohio supreme court, shall hold office for the term of five years unless the commission is revoked. An attorney admitted to the practice of law in this state by the Ohio supreme court shall hold office as a notary public as long as the attorney is a resident of this state or has the attorney's principal place of business or pri... |
Section 147.031 | Renewal of commission.
...this section, a commission for a notary public appointed prior to the effective date of this section shall remain valid until that commission's expiration date. (2) A commission issued to an attorney shall be governed by section 147.03 of the Revised Code. (B) A commission that is set to expire as described in section 147.03 of the Revised Code or as in division (A) of this section shall not be renewed unless the ... |
Section 147.032 | Investigations; penalties.
...lowing actions: (1) Revoke the notary public's commission; (2) Suspend the notary public's commission for a specified period of time or until fulfillment of a condition, such as retraining, or both. (3) Issue a letter of admonition that shall be placed in the notary public's record. (C) A notary public shall cooperate fully with the secretary of state during the course of an investigation under this sectio... |
Section 147.04 | Seal.
...discharge of official duties, a notary public shall obtain the seal of a notary public. The seal shall consist of the coat of arms of the state within a circle that is at least three-quarters of an inch, but not larger than one inch, in diameter and shall be surrounded by the words "notary public," "notarial seal," or words to that effect, the name of the notary public, and the words "State of Ohio." The seal may ... |
Section 147.041 | Persons commissioned prior to September 20, 2019.
...may continue to use a seal that met the requirements of section 147.04 of the Revised Code and that was in that person's possession before that date. |
Section 147.05 | Recordkeeping; change of address; notice of resignation or conviction of disqualifying offense.
...ecord of the commissions of each notary public appointed and commissioned by the secretary of state under this chapter and make a proper index to that record. The governor's office shall transfer to the secretary of state's office, on or after June 6, 2001, the record of notaries public formerly kept by the governor's office under section 107.10 of the Revised Code. The secretary of state's office shall maintain th... |
Section 147.051 | Database of notaries.
...e shall maintain a database of notaries public on a publicly accessible web site. The web site shall provide all of the following information in relation to each notary public: (A) The status of an individual's authority to perform notarial acts; (B) Whether the notary is authorized to perform online notarizations, as defined in section 147.60 of the Revised Code; (C) A description of any administrative or disc... |
Section 147.06 | Certified copy of commission as evidence - fee.
...shall make a certified copy of a notary public commission and the endorsements on the commission. The certified copy shall be prima-facie evidence of the matters and facts contained in it. For each certified copy of a notary public commission, the secretary of state shall be entitled to receive a fee of five dollars. |
Section 147.07 | Jurisdiction.
...A notary public has statewide jurisdiction. |
Section 147.08 | Fees.
...(A) A notary public is entitled to the following fees: (1) Up to five dollars for any notarial act that is not an online notarization; (2) For an online notarization, up to thirty dollars. (B) A notary charging the fee authorized under division (A)(2) of this section shall not also charge the fee authorized under division (A)(1) of this section. (C) The fees charged under division (A) of this section shall no... |
Section 147.10 | Notary public acting after commission expires.
...No notary public shall do or perform any act as a notary public knowing that the notary public's term of office has expired or that the notary public has resigned the notary public's commission. |
Section 147.11 | Forfeiture.
...A person appointed notary public who performs any act as such after the expiration of the person's term of office or after the person resigns the person's commission, knowing that the person's term has expired or that the person has resigned, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render the person ineligible for reappointment. |
Section 147.12 | Acts done by notary public after term valid.
...An official act done by a notary public after the expiration of the notary public's term of office or after the notary public resigns the notary public's commission is as valid as if done during the notary public's term of office. |
Section 147.141 | Prohibited acts.
...(A) A notary public shall not do any of the following: (1) Perform a notarial act with regard to a record or document executed by the notary; (2) Notarize the notary's own signature; (3) Take the notary's own deposition; (4) Perform a notarial act if the notary has a conflict of interest with regard to the transaction in question; (5) Certify that a document is either of the following: (a) An original doc... |
Section 147.142 | Advertisement as immigration consultant; other prohibited acts.
...(A) A notary public who is not a licensed attorney in this state shall not represent or advertise himself or herself as an immigration consultant or an expert in immigration matters. (B) A notary public who is not a licensed attorney in this state shall not do any of the following: (1) Provide any service that constitutes the unauthorized practice of law in violation of section 4705.07 of the Revised Code; (2) Sta... |
Section 147.32 | Representatives of veterans' organizations may be appointed as commissioners of the state.
...n set forth and prescribed for notaries public, in section 147.04 of the Revised Code, except that the words shall be: "Commissioner of the State of Ohio for Veterans' Affairs." Such commissioners may, without fee and within the state, administer oaths, take acknowledgments, and attest the execution of any instruments of writing only in connection with or used before the veterans' administration. |
Section 147.37 | Fees for commissions.
...person receiving a commission as notary public. (B) The notary public shall remit the fee to the authorized entity that administered the educational program and test required by section 147.021 of the Revised Code. The notary public shall remit to the secretary of state the portion of that fee specified pursuant to division (C)(2) of this section. (C) The secretary of state shall adopt rules in accordance with Ch... |
Section 147.371 | Duplicate commission.
... form, a duplicate commission as notary public shall be issued by the secretary of state. (B) Upon receipt of a fee of two dollars and submission of the electronic amendment form for a name change under division (B) of section 147.05 of the Revised Code, the secretary of state shall issue a duplicate commission as a notary public. (C) The secretary of state shall prescribe and make available an electronic duplica... |
Section 147.39 | Prior notarial acts by armed forces officers valid.
...Any acknowledgment or proof of execution of a deed, mortgage, lease, power of attorney, or other instrument that was taken, and any other notarial act that was performed, by a commissioned officer in active service with the armed forces of the United States for a person who was a member of the armed forces of the United States, for a person who was accompanying the armed forces of the United States, or for a person w... |
Section 147.40 | Manner of taking depositions.
...Depositions taken in pursuance of sections 147.07 and 147.51 to 147.58 of the Revised Code by a person described in division (D) of section 147.51 of the Revised Code shall be taken on written interrogatories, on a written notice being given by the party desiring to take such depositions, which notice shall contain the names of the parties plaintiff and defendant, the court or tribunal in which the action is pending,... |
Section 147.49 | Determination regarding acknowledgement or verification.
...(A) A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the person acknowledging, that the person appearing before the notary public and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the person. (B) A notary public who takes a verification of a statement on oath or a... |
Section 147.50 | Identity of the person appearing.
...(A) A notary public has personal knowledge of the identity of the person appearing before the notary public if the person is personally known to the notary public through dealings sufficient to provide reasonable certainty that the person has the identity claimed. (B) A notary public has satisfactory evidence of the identity of the person appearing before the notary public if the notary public can identify the pers... |
Section 147.51 | Notarial acts.
...(A) A notary public, or any other individual with similar authority under this section, is authorized to perform the following notarial acts: (1) Administer oaths or affirmations required or authorized by law; (2) Take and certify acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing; (3) Take and certify depositions. In taking depositions, a notary public shall have ... |
Section 147.52 | Notarial acts by authorized person.
...(A) If the notarial act is performed by any of the persons described in divisions (A) and (B) of section 147.51 of the Revised Code, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of th... |
Section 147.53 | Taking an acknowledgment.
...cknowledging appeared before the notary public and acknowledged executing the instrument. (B) The words in an acknowledgment notarial certificate "acknowledged before me" mean that: (1) The person acknowledging appeared before the person taking the acknowledgment; (2) The person acknowledging acknowledged executing the instrument; (3) In the case of: (a) A natural person, the person executed the instrument ... |
Section 147.54 | Executing a jurat.
...) The signer appeared before the notary public; (2) The notary public administered an oath or affirmation to the signer that the statement in the jurat is true and correct; (3) The signer signed the document in the presence of the notary public. (B) The oath or affirmation administered by the notary public to the signer of a jurat shall include one of the following questions, or substantially similar questions:... |
Section 147.542 | Notarial certificates.
...(A) A notary public shall provide a completed notarial certificate for every notarial act the notary public performs. (B) If a notarial certificate incorrectly indicates the type of notarization performed, the notary public shall provide a correct certificate at no charge to the person signing in question. (C) The form of a notarial certificate used by a person whose authority is recognized under section 147.51 o... |
Section 147.55 | Statutory short forms of acknowledgment.
...dgment) (Title or rank)" (F) By any public officer, trustee, or personal representative: "State of ____________________________ County of ___________________________ The foregoing instrument was acknowledged before me this (date) by (name and title of position). (Signature of person taking acknowledgment) (Title or rank)" |
Section 147.551 | Jurat form.
... date of (date). (Signature of notary public administering jurat) (Affix seal here) (Title of rank) (Commission expiration date)" |
Section 147.56 | Notarial act performed prior to January 1, 1974.
...A notarial act performed prior to January 1, 1974, is not affected by sections 147.51 to 147.58 of the Revised Code. These sections provide an additional method of proving notarial acts and do not diminish or invalidate the recognition accorded to notarial acts by other laws or regulations of this state. |
Section 147.57 | Uniformity of the law.
...Sections 147.51 to 147.58 of the Revised Code shall be so interpreted as to make uniform the laws of those states which enact it. |
Section 147.58 | Uniform recognition of acknowledgments act.
...Sections 147.51 to 147.58 of the Revised Code may be cited as the "Uniform Recognition of Acknowledgments Act." |
Section 147.59 | Designated alternative signer.
...rm an online notarial act if all of the requirements of division (A) of this section are met. |
Section 147.591 | Electronic documents.
... in the physical presence of the notary public with an electronic signature and notarized with an electronic seal shall be considered an original document. (2) Notwithstanding any other provision of the Revised Code to the contrary, a digital copy of a document executed electronically by the parties and acknowledged or sworn before a notary acting pursuant to this section shall be accepted by county auditors, cler... |
Section 147.60 | Definitions.
...tification credential through review of public and proprietary data sources. (C) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (D) "Electronic document" means information that is created, generated, sent, communicated, received, or stored in an electronic medium and is retrievable in perceivable form. (E) "Electronic ... |
Section 147.61 | Applicability.
...nline notarizations and online notaries public. To the extent that a provision of sections 147.60 to 147.66 of the Revised Code conflicts with another provision of this chapter or other applicable law, sections 147.60 to 147.66 of the Revised Code supersede the provision. |
Section 147.62 | Standards for online notarizations and online notaries public.
...line notarization; (7) Standards and requirements for the termination of a notary public's authorization to perform online notarizations. (B) The office of information technology in the department of administrative services shall provide assistance to the secretary of state relating to the equipment, security, and technological aspects of the standards established under this section. |
Section 147.63 | Application to be authorized as online notary public.
...ed Code related to continuing education requirements for an online notarization authorization. The rules shall specify the number of hours of continuing education a notary must complete over the duration of the notary's license and may specify content to be included in the continuing education. |
Section 147.631 | Online notary course fees.
... of the Revised Code. (B) The notary public taking the online notary course of instruction and the examination shall remit the fee to the authorized entity that administered the online notary course of instruction and examination required by division (B) of section 147.63 of the Revised Code. The notary public shall remit to the secretary of state the portion of that fee specified pursuant to division (C)(2) of t... |
Section 147.64 | Authority of online notary public.
...A)(3) of this section, an online notary public has the authority to perform any notarial act as an online notarization. (2) An electronic document notarized through an online notarization shall be considered an original document. (3) An online notary public shall not take or certify a deposition as an online notarization. (B) A notary public of this state who has been authorized by the secretary of state to perfor... |
Section 147.65 | Electronic journals.
...state to meet all applicable repository requirements of this section or section 147.66 of the Revised Code and any associated rules. (F) (1) Except as provided in division (E) of section 147.66 of the Revised Code, an electronic journal required under division (A) of this section and the audio-video recordings required by division (D)(3) of this section shall be maintained by the online notary public during the t... |
Section 147.66 | Steps to ensure security.
...(A) An online notary public shall take reasonable steps to ensure that any device or software used to create an official electronic signature is current and has not been recalled or declared vulnerable by the device or software's manufacturer, seller, or developer. (B)(1) An online notary public shall do both of the following: (a) Except as provided in division (D)(5)(b) of section 147.65 of the Revised Code, keep ... |
Section 147.99 | Penalty.
...Whoever violates section 147.10 of the Revised Code shall be fined not more than five hundred dollars. |
Section 151.01 | Issuing obligations for paying costs of capital facilities or projects.
... (7) "Issuing authority" means the Ohio public facilities commission created in section 151.02 of the Revised Code for obligations issued under section 151.03, 151.04, 151.05, 151.07, 151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the treasurer of state, or the officer who by law performs the functions of that office, for obligations issued under section 151.06 or 151.40 of the Revised Code. (8) "Net pr... |
Section 151.02 | Ohio public facilities commission.
... of the state, to be known as the "Ohio public facilities commission," which in that name may contract and be contracted with, sue and be sued, and exercise all other authority vested in that commission by sections 151.01 to 151.05 and 151.07 to 151.11 and Chapter 154. of the Revised Code. (B) The commission shall consist of, in each case ex officio, the governor, the treasurer of state, the auditor of state, the se... |
Section 151.03 | Common schools capital facilities bond service fund.
...This section applies to obligations as defined in this section. (A) As used in this section: (1) "Costs of capital facilities" includes related direct administrative expenses and allocable portions of direct costs of the using school district and the Ohio facilities construction commission. (2) "Net state lottery proceeds" means the amount determined by the director of budget and management to be an excess amount ... |
Section 151.04 | Higher education capital facilities bond service fund.
...This section applies to obligations as defined in this section. (A) As used in this section: (1) "Costs of capital facilities" include related direct administrative expenses and allocable portions of direct costs of the using institution. (2) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of capital facilities for state-supported or state-assisted institu... |
Section 151.05 | Natural resources projects bond service fund.
...This section applies to obligations as defined in this section. (A) As used in this section: (1) "Capital facilities" means any project or capital improvements for any of the following: state and local parks and land and water recreation facilities; soil and water restoration and protection; land management, including preservation of natural areas and reforestation; water management, including dam safety, stream an... |
Section 151.06 | Highway capital improvement bond service fund.
...umed to be in conformity with all legal requirements, and its terms and provisions shall be incontestable unless otherwise challenged in the manner referred to in division (B) of section 133.02 of the Revised Code prior to the delivery of the related infrastructure project obligations. |
Section 151.07 | Coal research and development bond service fund.
...This section applies to obligations as defined in this section. (A) As used in this section: (1) "Costs of capital facilities" or "costs of projects" includes related direct administrative expenses and allocable portions of direct costs of the Ohio coal development office, the cost of demolishing or removing any buildings or structures on land acquired, including the cost of acquiring any lands to which such buildi... |
Section 151.08 | State capital improvements bond service fund.
...le portions of direct costs of the Ohio public works commission and the local subdivision. (3) "Local subdivision" means any county, municipal corporation, township, sanitary district, or regional water and sewer district. (4) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of capital facilities. (B)(1) The issuing authority shall issue obligations to pay costs ... |
Section 151.09 | Issuing obligations for paying costs of conservation projects.
...ent of natural resources, or the Ohio public works commission. (2) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of projects for conservation purposes as referred to in division (A)(1) of Section 2o of Article VIII, Ohio Constitution and division (A)(1) of Section 2q of Article VIII, Ohio Constitution. (B)(1) The issuing authority shall iss... |
Section 151.10 | Issuing obligations to pay costs of research and development projects.
...roperty therefore; and (e) Support for public and private institutions of higher education, research organizations or institutions, and private sector entities. (2) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of projects for research and development purposes as referred to in division (A)(2) of Section 2p of Article VIII, Ohio Constitution. (3) "Project" mea... |
Section 151.11 | Issuing obligations to pay costs of sites and facilities.
...(A) As used in this section: (1) "Costs of sites and facilities" includes related direct administrative expenses and allocable portions of the direct costs of those projects. "Costs of sites and facilities" includes "allowable costs" as defined in section 122.085 of the Revised Code. (2) "Obligations" means obligations as defined in section 151.01 of the Revised Code issued to pay costs of sites and faciliti... |
Section 151.40 | Issuing obligations for paying costs of revitalization projects.
...d maintenance of any reserves and other requirements provided for in the bond proceedings. (G) Obligations may be further secured, as determined by the issuing authority, by a trust agreement between the state and a corporate trustee, which may be any trust company or bank having a place of business within the state. Any trust agreement may contain the resolution or order authorizing the issuance of the obligation... |
Section 153.01 | Architect must submit accurate plans, estimates, bills of materials, and details to scale.
...er builder to carry them out and afford bidders all needful information; (4) A full and accurate estimate of each item of expense and the aggregate cost of those items of expense; (5) A life-cycle cost analysis; (6) Further data as may be required by the Ohio facilities construction commission. (B)(1) Division (A) of this section shall not be required with respect to a construction management contract entered... |
Section 153.012 | Preference to contractors having principal place of business in Ohio.
...on, repair, painting or decoration of a public improvement, including any highway improvement, made by the state or in whole or in part supported by the state, except for a contract for products produced or mined in Ohio or for a contract financed in whole or in part by contributions or loans from any agency of the United States government, preference shall be given to contractors having their principle place of busi... |
Section 153.013 | Capitol square review and advisory board - indefinite delivery indefinite quantity contract.
... director under this section. (C) The requirements set forth in this section prevail in the event of any conflict with any other provision of this chapter. |
Section 153.02 | Debarment of contractor from contract awards.
...blic contract; (9) Been debarred from bidding on or participating in a contract with any state or federal agency. (B) When the executive director debars a contractor that is a partnership, association, or corporation, the executive director also may debar any partner of the partnership or any officer or director of the association or corporation, as applicable. (C) When the executive director reasonably believe... |
Section 153.031 | RC 153.03 requirements limited to state improvements.
...constructing, altering, or repairing of public improvements of the state and to be of assistance in ensuring that such public improvements are constructed, altered, or repaired in a manner that protects the safety of the citizens of this state. |
Section 153.04 | Forms for providing bidding information - life-cycle costs.
...gate, life-cycle cost analysis, form of bid, bid guaranty, and other data that may be required shall be prepared on such material and in such manner and form as are prescribed by the Ohio facilities construction commission. The life-cycle costs shall be a primary consideration in the selection of a design. The same shall be deposited and safely kept in the office of the owner as defined in section 153.01 of the... |
Section 153.05 | Actions to enforce bond.
...The bond required by section 153.08 of the Revised Code may be enforced against the person executing such bond, by any claimant for labor or material, and suit may be brought on such bond in the name of the state on relation of the claimant within one year from the date of delivering or furnishing such labor or material, in the court of common pleas of the county wherein such labor or material was furnished or delive... |
Section 153.06 | Form of bids.
...ce of the time and place when and where bids will be received for performing the labor and furnishing the materials of such construction, improvement, alteration, addition, or installation, and a contract awarded, except for materials manufactured by the state or labor supplied by a county department of job and family services that may enter into the same. The form of bid approved by the Ohio facilities constru... |
Section 153.07 | Publishing notice of bids.
...ties construction commission, the last publication to be at least eight days preceding the day for opening the bids, and in such form and with such phraseology as the commission orders. Copies of the plans, details, estimates of cost, and specifications shall be open to public inspection at all business hours between the day of the first publication and the day for opening the bids, at the office of the commis... |
Section 153.09 | New proposals when necessary - change in work or materials.
... the lowest responsive and responsible bidder is not in the best interests of the state, the owner may accept another bid so opened or reject all bids, and advertise for other bids. Such advertisement shall be for such time, in such form, and in such newspaper as the Ohio facilities construction commission directs. All contracts shall provide that such owner may make any change in work or materials on the cond... |
Section 153.10 | No change in plans without approval of owner.
...gate, life-cycle cost analysis, form of bid, bid guaranty, and other data that may be required are approved and filed with the owner as defined in section 153.01 of the Revised Code, no change of plans, details, bills of material, or specifications shall be made or allowed unless the same are approved by the owner as defined in section 153.01 of the Revised Code. When so approved, the plans of the proposed change, wi... |
Section 153.11 | Change of plans becomes part of original contract.
...Whenever the change referred to in section 153.10 of the Revised Code is approved by the owner as defined in section 153.01 of the Revised Code, accepted in writing by the contractor, and filed, the same shall be considered as being a part of the original contract, and the bond theretofore executed shall be increased or decreased accordingly to include and cover the change in the contract. |
Section 153.12 | Awarding and executing contract.
... sixty days after the date on which the bids are opened. The failure to award and execute the contract within sixty days invalidates the entire bid proceedings and all bids submitted, unless the time for awarding and executing the contract is extended by mutual consent of the owner or its representatives and the bidder whose bid the owner accepts and with respect to whom the owner subsequently awards and executes a c... |
Section 153.13 | Estimates of labor and materials - funds in escrow account.
...At the time named in the contract for payment to the person with whom it is made, the owner referred to in section 153.01 or 153.12 of the Revised Code shall approve a full, accurate, and detailed estimate of the various kinds of labor performed and material furnished under the contract, with the amount due for each kind of labor and material and the materials and amount due in the aggregate, which estimate shall be ... |
Section 153.14 | Estimates to be filed with executive director - payment on materials delivered - payment procedure.
...f the invoice costs, not to exceed the bid price in a unit price contract, of material delivered on the site of the work, or a railroad station, siding, or other point in the vicinity of the work, or other approved storage site, provided such materials have been inspected and found to meet the specifications. The balance of such invoiced value shall be paid when such material is incorporated into and becomes a... |
Section 153.15 | Assessment of asbestos hazard.
...n 3710.01 of the Revised Code. (C) The requirements of this section do not apply to school districts. |
Section 153.16 | Policy and procedure guidelines for contract documents in conjunction with administration of public works contracts.
...conjunction with the administration of public works contracts that the state or any institution supported in whole or in part by the state enters into for any project subject to sections 153.01 to 153.11 of the Revised Code. (B) Notwithstanding any contract provision to the contrary, any claim submitted under a public works contract that the state or any institution supported in whole or in part by the state ... |
Section 153.17 | Requisition upon contractor for additional specific force or materials.
...takeover contractor without competitive bidding or controlling board approval. When the owner has taken over a project after a default has occurred, any moneys that the owner receives from the surety as a settlement for completion of the project shall be deposited in the original fund from which the capital appropriation for the project was made. The executive director, without controlling board approval, may auth... |
Section 153.18 | Certification of additional force or materials.
...The owner referred to in section 153.01 of the Revised Code shall make separate estimates of all additional force or materials employed or supplied as provided by section 153.17 of the Revised Code, and payment shall be provided for by the director of budget and management. The amount so paid shall be charged against the contractor and be deducted from his next or any subsequent estimate. The amount or any part there... |
Section 153.19 | Contract shall contain provision as to time of completion.
...All contracts under sections 153.01 to 153.60, inclusive, of the Revised Code, shall contain provision in regard to the time when the whole or any specified portion of work contemplated therein shall be completed and that for each day it shall be delayed beyond the time so named the contractor shall forfeit to the state a sum to be fixed in the contract, which shall be deducted from any payment due or to become due t... |
Section 153.20 | Duty of attorney general.
...The attorney general shall have charge of and direct the proceedings necessary to enforce contracts authorized by sections 153.01 to 153.19, inclusive, of the Revised Code. |
Section 153.21 | Building commission.
...When the board of county commissioners has determined to erect a courthouse or other county building, or to make an addition to, or to make an improvement of any existing county owned building, the board may appoint four suitable and competent freehold electors of the county, who shall, together with the board, constitute a building commission and serve until the courthouse or other county building, or the addition t... |