F (^I^ ^ U - Ohio Supreme Court 25. Secretary Brunner retumed S.B. 117 to the Governor with a letter addressed to the Governor dated January 8, 2007. Exhibit I of the Complaint is

3Ju tTje9pupreme Court of ®Tj{o

STATE EX REL., THE OHIO GENERALASSEMBLY, et al.,

Relators,

V.

Case No. 2007-0209

Original Action in MandamusJENNIFER BRUNNER,SECRETARY OF STATE,

Respondent.

AGREED STATEMENT OF FACTS

SUZANNE K. RICHARDS* (0012034)* Counsel of Record

C. WILLIAM O'NEILL (0025955)RICHARD D. SCHUSTER (0022813)Vorys, Sater, Seymour and Pease LLP52 E. Gay St.Columbus, Ohio 43215(614) 464-6400 - telephone(614) 464-6350 - [email protected]@[email protected]

Counselfor Relators

MARC DANN (0039425)Attorney General of Ohio

BRIAN J. LALIBERTE* (0071125)*Counsel ofRecord

MICHAEL W. DEEMER (0075501)FRANK M. STRIGARI (0078377)PEARL CHIN (007881030 East Broad Street, 17` FloorColumbus, Ohio 43215(614) 466-8980 - telephone(614) 466-5807 - [email protected]

Counsel for Respondent

F (Î^ ^ UAPR 02 Z007

MARCIA J. MENGEL, CLERKSUPREME COURT OF OHIO

AGREED STATEMENT OF FACTS

The undersigned counsel for Relators and Respondent enter into the following Agreed

Statement of Facts for purposes of this case only. By making this Agreed Statement of Facts,

neither Relator nor Respondent is conceding that any particular Agreed Statement of Fact is

admissible on any grounds including relevance:

1. During the 126t^ General Assembly, Relator Bill Harris was the Senator from

Ohio's 19th Senate district and President of the Senate.

2. Relator Bill Harris is the Senator from Ohio's 19", Senate district and President

of the Senate for the 127th General Assembly.

3. Relator Harris voted for Amended Substitute Senate Bill No. 117 in the Ohio

Senate in 2006.

4. During the 126^h General Assembly, Relator Jon Husted was the Representative

from Ohio's 37th House district and Speaker of the Ohio House of Representatives.

5. Relator Jon Husted is the Representative from Ohio's 37'" House district and

Speaker of the Ohio House of Representatives for the 127"' General Assembly.

6. Relator Husted voted for Amended Substitute Senate Bill No. 117 in the Ohio

House of Representatives in 2006.

7. On October 26, 2005, the Ohio Senate passed Substitute Senate Bill No. 117.

Exhibit A of the Complaint is an accurate copy of Substitute Senate Bill No. 117.

8. On December 14, 2006, the Ohio House of Representatives passed Amended

Substitute Senate Bill No. 117 ("S.B. 117").

2

9. On December 14, 2006, the Clerk of the Ohio House of Representatives signed

the engrossed' version of S.B. 117.

10. On December 14, 2006, the Ohio Senate concurred in S.B. 117.

11. On December 14, 2006, the Clerk of the Ohio Senate signed the engrossed

version of S.B. 117. Exhibit B of the Complaint is an accurate copy of engrossed S.B. 117

signed by the Clerk of the Ohio House and the Clerk of the Ohio Senate.

12. On Thursday, December 21, 2006, the Ohio House of Representatives adjourned

sine die. Exhibit D of the Complaint is an accurate copy of the record of the Ohio House

adjourning on December 21, 2006.

13. On Tuesday, December 26, 2006, the Ohio Senate adjourned sine die. Exhibit E

of the Complaint is an accurate copy of the record of the Ohio Senate adjourning on December

26, 2006.

14. Governor Taft was presented with S.B. 117 on December 27, 2006. Exhibit F of

the Complaint is an accurate copy of the record establishing delivery of S.B. 117 to Governor

Taft on December 27, 2006.

15. On January 5, 2007, Governor Taft filed S.B. 117 with the Secretary of State's

office without signing or vetoing the bill. Exhibit H of the Complaint is an accurate copy of the

press release issued by Governor Taft on January 5, 2007.

16. The Governor's Office Bill Record is located in the Secretary of State's Office.

17. Exhibit G of the Complaint is an accurate copy of entries from December 26,

2006 to February 1, 2007 from the Governor's Office Bill Record.

'"An engrossment is a proofreading and verification in order to be certain that the bill before thehouse is identical with the original bill as introduced with all amendments which have beenadopted correctly inserted." Mason, Manual of Legislative Procedure (1989), 507, Section 735-2.

3

18. The Secretary of State's Office received S.B. 117 on January 5, 2007, as

evidenced in the Governor's Office Bill Record by the signature of Alicia Harrison, a

representative of the Secretary of State's Office. Exhibit G.

19. On January 5, 2007, Secretary of State Blackwell signed enrolled S.B. 117.

Exhibit C of the Complaint is an accurate copy of enrolled S.B. 117.2

20. On January 8, 2007, on or about 12:01 am, Respondent Jennifer Brunner

commenced her term as Secretary of State of Ohio.

21. On January 8, 2007, on or about 12:01 am, Governor Ted Strickland conunenced

his term as Governor of Ohio.

22. On January 8, 2007, Governor Strickland requested Secretary of State Brunner to

return S.B. 117 to the Governor's office.

23. Exhibit 1 to this Agreed Statement of Facts is an accurate copy of the letter from

Governor Strickland that requested Secretary Brunner to return S.B. 117 to the Governor.

24. On January 8, 2007, Secretary Brunner returned S.B. 117 to the Governor.

25. Secretary Brunner retumed S.B. 117 to the Governor with a letter addressed to the

Governor dated January 8, 2007. Exhibit I of the Complaint is an accurate copy of the January

8, 20071etter sent by Secretary Brunner to the Governor.

26. On January 8, 2007, Governor Strickland received S.B. 117 from Secretary

Brunner.

z"The enrolled bill is a copy of the bill in the form it has passed both houses, which has beenproofread and corrected, usually under the direction of the secretary and the chief clerk, andprinted with blanks for the certification of passage and accuracy and signature by the governor."Mason, Manual of Legislative Procedure (1989), 479, Section 702-1.

4

27. On January 8, 2007, Govemor Strickland signed a document titled Veto Message

for S.B. 117. Exhibit J of the Complaint is an accurate copy of the document titled Veto

Message.

28. On January 8, 2007, Governor Strickland filed the document titled Veto Message

along with S.B. 117 in the Secretary of State's office.

29. Exhibits 2a through 2n to this Agreed Statement of Facts are accurate copies of

documents of correspondence from the person who signed them to the person to whom the

particular letter is addressed and they were transmitted on or about the date indicated on the face

of each document.

30. Exhibit 2a to this Agreed Statement of Facts is a letter to Secretary of State

Brunner from the Clerk of the Ohio House of Representatives Laura P. Clemens dated January

17, 2007.

31. As set forth in Exhibit 2a, the Clerk of the House of Representatives asked

Secretary Brunner to replace a version of Am. Sub. H.B. 694 ("H.B. 694") that was already on

file with the Secretary of State's office with another version that the letter describes as the

"correct" version of H.B. 694.

5

^ ^

K.TfCHARDS* (0012034)*Counsel ofRecord

C. WILLIAM O'NEILL (0025955)RICHARD D. SCHUSTER (0022813)Vorys, Sater, Seymour and Pease LLP52 E. Gay St.Columbus, Ohio 43215(614) 464-6400 - telephone(614) 464-6350 - [email protected]@[email protected]

Counsel for Relators

Respectfully submitted,

C DANN 039425)Attorney Genera of Ohio

BRIAN J. LALIBERTE* (0071125)*Counsel of Record

MICHAEL W. DEEMER (0075501)FRANK M. STRIGARI (0078377)PEARL CHIN (0078810^30 East Broad Street, 17 FloorColumbus, Ohio 43215(614) 466-8980 - telephone(614) 466-5807 - [email protected]

Counsel for Respondent

6

EXHIBIT

Governor Ted StricklandStatehouse

Columbus, Ohio 43215614-466-3555

January 8, 2007

Hon. Jennifer BrunnerSecretary of State108 East Broad Street, 16th FloorColumbus, OH 43215

Dear Secretary of State:

I understand that my predecessor submitted Senate Bill 117 from the 126th GeneralAssembly to you during the 10-day gubernatorial "presentment" period for that bill.In that the 10-day presentment period for that bill has not yet concluded, I herebyrequest that you immediately return the bill to me for my further review.

Sincerply,ZL n n

(ii42Y-u^

Ted StricklandGovernor

January 17, 2007

The Honorable Jennifer BrunnerOhio Secretary of State180 East Broad StreetColumbus, Ohio 43215

Dear Secretary Brunner:

Due to a Clerk's error, the wrong version of Am. Sub. H.B. 694 was filed with theSecretary of State's office on January 3, 2007 (file number 181). Attached is the correctversion, which should replace the one currently on file.

Pursuant to Ohio Revised Code section 101.53, "(b)ills shaQ be printed in the exactlanguage in which they were passed, under the supervision of the clerk of the house inwhich they were originated." 0 Const II section 15, paragraph (A) "The GeneralAssembly shall enact no law except by bill, and no bill shall be passed without theconcurrence of a majority of the members elected to each house."

In order to fulfill the statutory and constitutional obligations of the Clerk, I am submittingthe con•ect version of Am. Sub. H.B. 694.

Sincerely,

Laura P. ClemensClerkOhio House of Representatives-

StatehouseColumbus, Ohio 43215

81 =i Wd 11 NV/'[OOZ

NI-47V,;t1 SiiO! =:)31331t11S 3S

"° lai^ra:ol^menscôhcstate.oh.us(614) 466-3357

(614) 644-8744 (fax)

,^^..

s4uehouseColumbus, Ohio 43215

telepbona. (614) 4663357J'aa (6t4) 644-8744

e-rnniG [email protected]

SE'CRf t c, ^ Y OF S'r'.Q7EELtC ]'101(g

June 9, 2004 1U04 JU,y _ 9 34

The Honorable J. Kenneth BlackwellOhio Secretary of State180 East Broad StreetColumbus, Ohio 43215

Dear Secretary Blackwell:

Due to a Clerk's error, the wrong version of Am. Sub. H.B.292 was filed with your office on June 3, 2004. Attached isthe correct version, which should replace the one currentlyon file.

Pursuant to Ohio Revised Code section 101.53, "(b)illsshall be printed in the exact language in which they werepassed, under the supervision of the clerk of the house inwhich they were originated." 0 Const H section 15,paragraph (A) "The General Assembly shall enact no lawexcept by bill, and no bill shall be passed without theconcurrence of a majority of the members elected to eachhouse." .

In order to fulfill the statutory and constitutionalobligations of the Clerk, I am submitting the correct versionof Am. Sub. H.B. 292.

Sincerely,

Laura P. ClemensClerkOhio House of Representatives

Cc: The Honorable Bob TaftThe Honorable Doug WhiteThe Honorable Larry Householder

EXHIBIT

2-c-

DEAN L. JOHNSONLegislative Clerk(614) 466-3357

Sqtelbw 16, 1991

The Horn¢'able Pobezt TaftSecretary of StateState Office Towar30 East Broad Street, 14th FloorColutdaw, Ohio 43215

Dear Mr. Secretary:

VERN RIFFESpeak0l of the House

Enclosed please fincl the final winted page of the ecuo11ec1 veraion ofPm. H.H. No. 410. This page reflects actual aotian of the Genexal Assemblyas evidenoed by the Hoa.se Journal of Jure 20, 1991, p. 670.

Due to an errtxc cn cne ccpy of a cannitbee zepcrt received ty my officeoa that day, the additian of Representative Seese's nana was omitbad.

Tb ensure that there is no ambiguity In the eamolled act, I amfoxwar,disr3 yru the oazxeoted enmlled page.

SiaCerely,

Dean L. JohnsonLegislative ClezkOhio Hou.<se of Represetltatives

Enalosur®

DLJ/jed

DEAN L. JOHNSON

Legislative Clerk(614) 466-3357

^te^rp04e,I

VERN RIFFE

Speaker of the House

c.q

-,^

The Honorable Robert Taft a7 _ rnSecretary of StateRhodes Office Tower, 14th Floor m^

30 East Broad Street ^^

Columbus, Ohio 43215

Dear Mr. Secretary,

ro

Enclosed please find printed page number 17 of Am. Sub. H.B. No. 387. Thispage reflects actual action of the General Assembly as evidenced by the engrossedversion of the bill.

Due to a printer's error which the Legislative Clerk's office did not detect inproofmg, the enrolled version now before you contains two pages 15 and no page 17.

To ensure that there is no ambiguity in the enrolled act, I am forwarding page 17to you and ask that you insert this page and remove one of the two pages 15 from theenrolled version.

Very truly y,ours,

Dean L. Jb 11 onLegislative Clerk

Am. Sub. H. B. No. 387

SECliE fA î YQF i ^""•r

^.+C

199Z FikY -6 ru 3 vF^17

PERSON DID VIOLATE DIVISION (A) OF THIS SECTION, THEDIRECTOR MAY SUSPENDTHE PERSON'S CERTIFICATE FOR APERIOD OF TIME NOT EXCEEDING ONE YEAR AS DETER-MINED 13Y THE DIRECTOR.

SECTION 2. That existing sections 124.241, 5101,82, 5123.082,5126.03, 512&04, 5126.06, 5126.081, 5126.082, 5126:083, 5126.20, and5126.22 of the Revised Code are herebyrepealed.

SeCT[ON 3. Not later than 90 days after the effective date of this act,each county board of mental retardation and developmental disabilitiesshall submit to the Department of Mental Retardation and DevelopmentalDisabilities a report specifying the number of persons it employs and theposition each employee holds.

Not later than one year after the effective date of this act, each countyboard shall reidentify its service employees in accordance with the posi-tions specified in division (C) of section5126.22 of the Revised Code.

SECTION 4. A person who applied for a certificate for employment as aprofessional employee of a county board of mental retardation and devel-opmental disabilities on or afterJanuary 1, 1991, and prior to the effectivedate of this act, who was informed by the Department of Mental Retarda-tion and Developmental Disabilities of the courses of instruction he mustsuccessfully complete to meet the Department's standards for certificationis not subject to any changes regarding the courses required for certifica-tion made after the Department informed him of the courses he mustcomplete. The Department shall grant the applicant at least one year fromthe effective date of this act to complete the courses and shall not requirehim to complete more than four courses in any one year. If the applicantdoes not successfully complete the courses within the time specified by theDepartment, he is subject to division (E)(2) of section 5126.25 of theRevised Code.

SECTION 5. This act is hereby declared to be an emergency measurenecessary for the immediate preservation of the public peace, health, andsafety. The reason for such necessity is that uniform and adequate stand-ards regarding the qua6fications of persons employed by county boards of

Aeprev1o : t , .

^ ..DEAN L. JOHNSON

LegislativeC(erk(614)466•3357 - Colurnbuo

43.218

April 19, 1990

The Honorable Sherrod BrownSecretary of State, State of OhioState Office Tower30 East Broad Street, 14th FloorColumbus, Ohio 43266-0418

Dear Mr. Secretary:

Y^,R 19 's',-'. Z. 25

VERN RIFFESpetikeroftfie House

Enclosed please find printed page number 1 of the enrolledversion of House Bill Number 575. This page reflects actualaction of the General Assembly as evidenced by the engrossedversion of the bill.

Due to a printer's error which the Clerk's office did notdetect in proofing, the words "shall be jointly and severally"were mistakenly stricken or not printed in the enrolled versionin the eighth line of Ohio Revised Code Section 1701.95(A)(3)(b).

To ensure that there is no ambiguity in the enrolled act, Iam forwarding you the corrected enrolled page.

DLJ/jer

Enclosure

Very truly yours,

Dean L. LtohnsonLegislative ClerkOhio House of Representatives

i

^

;5.vi:7 nl ii ^

(House BiR Number 575)

AN ACT

To amend section 1701.95 of the Revised Code to eliminate

the personal liability of the directors of a corporationwho vote for or assent to the making of a loan to an

officer, director, or shareholder under certain cir-cumstances.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 1701.95 of the Revised Code be amended toread as follows:

Sec. 1701.95. (A) In addition to any other liabilities imposed by lawupon directors of a corporation and except as provided in division (B) of thissection, directors who vote foror assent to any of the following:

(1) The payment of a dividend or distribution, the maldng of a dis-tribution of assets to shareholders, or the purchase or redemption of thecorporation's own shares, contrary in any such case to law or the articles;

(2) A distribution of assets to shareholders during the winding up ofthe affairs of the corporation, on dissolution or otherwise, without thepayment of all known obligations of the corporation, or without makinga(lequate provision for their payment;

(3) The making of lennn A LOAN, other than in the usual course ofbusiness, to an officer, director, or shareholder of the corporation, exeepOTHER THAN in EITHER OF THE FOLLOWING CASES:

(a) IN the case of a kuilding SAVINGS and loan association or OF acorporation engaged in banking or in the making of loans generally;

(b) AT THE TIME OF THE MAKING OF THE LOAN, A MAJOR-ITY OF THE DISINTERESTED DIRECTORS OF THE CORPORA-TION VOTED FOR THE LOAN AND, TAKING INTO ACCOUNTTHE TERMS AND PROVISIONS OF THE LOANAND OTHER REL-EVANT FACTORS, DETERMINED THAT THE MAKING OF THELOAN COULD REASONABLY BE EXPECTED TO BENEFIT THECORPORATIONIshall be jointly and severally liable to the corporation as follows:in cases under (livision (A)(1) of this section up to the amount ofsech THE dividend, (listribution, or other payment, in excessof the amount that could have been paid or distributed withoutviolation of law or the articles but not in excess of the amount that

EXHIBIT

c^ LLL

DEAN L.JOHNSON

legistative Clerk(614) 4663357

"Unfto48R18

June 28, 1990

The Honorable Sherrod BrownSecretary of StateState Office Tower30 East Broad Street14th FloorColumbus, Ohio 43215

VERN RIFFESpeaNer of the House

Dear Mr. Secertary:

Enclosed please find printed page numbers 1, 4, and backingsheet of the enrolled version of Am. Sub. H. B. No. 446. Thesepages reflect actual action of the General Assembly as evidencedby the House Journal of June 13, 1990, pages 2173-2180 and theSenate Journal of June 14, 1990, pages 2106-2112.

Due to an error by the Legislative Clerk's Office, a draftversion, rather than the final, signed, and journalized version,of the Report of the Committee of Conference was used forpreparation of the enrolled version. This draft did not reflectthe official actions of the General Assembly, as evidenced by theofficial record (the journals) of both houses.

To ensure that there is no ambiguity in the enrolled act, Iam forwarding you the corrected enrolled pages.

Sincerely,

DLJ/lps

DEAN L. (JfHNSONLegislaWre ClerkOhio House of Representatives

Enclosures

(Amended Snbetlt+ite House BM Number 446)

AN ACT

To amend sections 3781.11, 4109.07, 4109.99, 4111.01,4111.02, 4141.01, and 4141.29 and to enact sections

4109.21 and 4111.021 of the Revised Code to inerease,

over a two-year period, the state minimum wage from

$2.30 to $4.25 and the amount payable to tipped em-ployees from $1.15 to approximately $2.13, to elimi-

nate the learner wage payable to certain employees,to create a training wage of 85% of the state minimum

wage for individuals under 20 years ofage payable for

a period not to exceed 90 days by one employer, to

prohibit the employment of persons sixteen or seven-teen years of age before seven a.m. Mondays through

Fridays or after eleven p.m. on Sundays through

Thursdays or between one am. and six a.m. on Satur-

days and Sundays of any week that school is in ses-sion, to require certain employers who use minors

who are under 16 years of age in door-to-door sales

to register with the Director of Industrial Relations,

to increase the criminal penalties associated with

violations of the child labor laws, to base the quali-

fication for unemployment compensation benefits

on 20 quaiifyhng weeks that average not less than

27-1/2% of the statewide average weekly wage, ef-

fective January 1, 1992, to clarify the workshop and

factory exemption from the Board of Building Stand-

ards rules regarding additions, to eliminate the train-

ing wage effective Apri11, 1993, by repealing section

4111.021 of the Revised Code on that date, and to

declare an emergency.

Am. Sub. H. B. No. 4464

ING TO SIX a.m. DURING ANY WEEK THAT SCHOOL IS IN SES-SION.

(D) No employer shall employ a minor more than five eonseCutivehours without allowing the minor a rest period of at least tliirty minutes.The rest period need not be included in the computation of the number ofhours worked bythe niuwr.

See. 4109.21. (A) NO EMPLOYER SHALL EMPLOY ANYMINOR WHO IS UNDER SIXTEEN YEARS OF AGE IN ANYDOOR-TO-DOOR SALES ACTIVITY UNLESS THAT EMPLOYERIS REGISTERED PURSUANT TO THIS SECTION AND OTHER-WISE IS IN COMPLIANCE WITH THE REQUIREMENTS OF THISCHAPTER.

(B) TO OBTAIN REGISTRATION AS A DOOR-TO-DOOR EM-PLOYER, AN EMPLOYER SHALL APPLY TO THE DIRECTOR OFINDUSTRIAL RELATIONS, ON FORMS PROVIDED BY THE DI-RECTOR. THE APPLICATION FORM SHALL INCLUDE ALL OFTHE FOLLOWING:

(1) THE NAME, PRINCIPAL BUSINESS ADDRESS, ANDTELEPHONE NUMBER OF THE APPLICANT. IF THE APPLI-CANT IS A PARTNERSHIP OR ASSOCIATION, THE NAMES OFALL THE MEMBERS ALSO SHALL BE STATED AND, IF THEAPPLICANT IS A CORPORATION, THE NAMES OF ITS PRESI-DENT AND EACH OF ITS OFFICERS ALSO SHALL BE STATED.

(2) A CERTIFICATION THAT THE APPLICANT AND ITS EM-PLOYEES:

(a) ARE IN COMPLIANCE WITH AND WILL COMPLY WITHALL APPLICABLE OHIO AND FEDERAL LAWS AND REGULA-TIONS RELATING TO THE EMPLOYMENT OF MINORS;

(b) WILL PROVIDE AT LEAST ONE SUPERVISOR WHO ISOVER THE AGE OF EIGHTEEN, FOR EACH SIX MINOR EM-PLOYEES, IS AT ALL TIMES AVAILABLE AND RESPONSIBLEFOR ASSURING THE MINOR'S WELL-BEING, AND WHO RE-MAINS IN THE GENERAL AREA AND IN VISUAL CONTACTWITH EACH MINOR EMPLOYED IN DOOR-TO-DOOR SALES AC-TIVITIES ATLEASTONCE EVERY TWENTY MINUTES;

(c) WILL REQUIRE ALL MINORS TO WORK AT LEAST INPAIRS WITH OTHERS WHO ARE ENGAGED IN SUBSTANTIAL-LY THE SAME ACTIVITY, EMPLOYING INSOFAR AS POSSIBLECANVASSING TECHNIQUES THAT KEEP THE PERSONS WORK-INGTN PAIRS IN CLOSE PROXIMITY AND VIEW OF EACH OTH-ER;

(d) ARE IN COMPLIANCE WITH OHIO'S MOTOR VEHICLEFINANCIAL RESPONSIBILITY, WORKERS' COMPENSATION,UNEMPLOYMENT COMPENSATION, AND ALL OTHER APPLI-CABLE LAWS;AND

An1 Sub. H. B. No. 44636

The section numbering of law of a general and permanent nature iscomplete and in canformity with the Revised Code.

Director, Legislative Servfce Comrndasion..

Filed in the office of the Secretary of State at Columbus, Ohio, on theday of A. D. 19-

Secretary of State.

File No. Effective Date

WILLIAM W.PFEIFFER

Legislative Clerk

(614) 466-3357 ^Cdum^nt^44,418

July 2, 1987

The Honorable Sherrod BrownSecretary of State, State of OhioState Office Tower30 East Broad Street14tb FloorColumbus, Ohio 43215

VERN RIFFESpeaker oithe House

Dear Mr. Secretary:

Enclosed are corrected enrolled pages of Amended SubstituteHouse Bill Number 171. These pages reflect the actual action ofthe General Assembly as evidenced by the report of the Committeeof Conference on Amended Substitute House Bill Number 171.

The hand enrolled version of the bill erroneously containedtwo conflicting versions of two sections of the Revised Code(Sections 1901.11 and 1907.16). In each case, the unintendedversion needs to be deleted. The attached presents the correctedversions of the enrolled bill pertaining to these two sections.

Enrolled ActCorrected Page Number

101101 A101 B101 C101D101 E101 F

Thank you for your cooperation.

Sincerely,

WILLIAM W. PFEIFFERLegislative ClerkOhio House of Representatives

WWP/lps

WILLIAM W. PFEIFFER

Legislative Clerk

(614) 4663357 ^Dlnttt^ttli43215

October 8, 1987

The Honorable Sherrod BrownSecretary of State, State of OhioState Office Tower30 East Broad Street, 14th FloorColumbus, Ohio 43266-0418

Dear Mr. Secretary:

VERN RIFFE

Speaker of the House

Enclosed please find printed page number 91 of the enrolledversion of Amended Substitute House Bill Number 1. This pagereflects actual action of the General Assembly as evidenced bythe engrossed version of the bill.

Due to a printer's error which the Clerk's office did notdetect in proofing Ohio Revised Code section 2305.33 wasmislabeled even though the section was correctly in the title ofthe bill.


Sincerely,

WILLIAM W. PFEIFFERLegislative Clerk

WWP/lps

Ohio Bouse of Representatives

Enclosure

Am. Sub. H. B. No. 191

JUDGMENT BEING RENDERED IN FAVOR OF OR A SET-TLEMENTBEING OBTAINED FORTHE CLIENTAND IS EITHERA FIXED AMOUNT OR:AN AMOUNT TO BE DETERMINED BY ASPECIFIED FORMULA, INCLUDING, BUT NOT LIMITED TO, APERCENTAGE OF ANY JUDGMENT RENDERED IN FAVOR OFOR SETfLEMENT OBTAINED FOR THE CLIENT.

(2) "TORT ACTION" MEANS A CI V IL ACTION FOR DAMAGESFOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY."TORT ACTION" INCLUDES A PRODUCT LIABILITY CLAIMTHAT IS SUBJECT TO SECTIONS 2307.71 TO 2307.80 OF THEREVISED CODE, BUT DOES NOT INCLUDE A CIVIL ACTIONFOR DAMAGES FOR A BREACH OF CONTRACT OR ANOTHERAGREEMENT BETWEEN PERSONS.

(B) IF AN ATTORNEY AND A CLIENT CONTRACT FOR THEPROVISION OF LEGAL SERVICES IN CONNECTION WITH ACLAIM THAT IS OR MAY BECOME THE BASIS OF A TORT AC-TION AND IF THE CONTRACT INCLUDES A CONTINGENT FEEAGREEMENT, THAT AGREEMENT SHALL BE REDUCED TOWRITING AND SIGNED BY THE ATTORNEY AND THE CLIENT.THE ATTORNEY SHALL PROVIDE A COPY OF THE SIGNEDWRITING TO THE CLIENT.

(C) IF AN ATTORNEY REPRESENTS A CLIENT IN CON-NECTION WITH A CLAIM AS DESCRIBED IN DIVISION (B) OFTHIS SECTION, IF THEIR CONTRACT FOR THE PROVISION OFLEGAL SERVICES INCLUDES A CONTINGENT FEE AGREE-MENT, AND IF THE ATTORNEY BECOMES ENTITLED TO COM-PENSATION UNDER THAT AGREEMENT, THE ATTORNEYSHALL PREPARE A SIGNED CLOSING STATEMENT ANDSHALL PROVIDE THE CLIENT WITH THAT STATEMENT ATTHE TIME OF OR PRIOR TO THE RECEIPT OF COMPENSATIONUNDER THAT AGREEMENT. THE CLOSING STATEMENTSHALL SPECIFY THE MANNER IN WHICH THE COMPENSA-TION OF THE ATTORNEY WAS DETERMINED UNDER THATAGREEMENT, ANY COSTS AND EXPENSES DEDUCTED BY THEATTORNEY FROM THE JUDGMENT OR SETTLEMENT IN-VOLVED, ANY PROPOSED DIVISION OF THE ATTORNEY'SFEES, COSTS, AND EXPENSES WITH REFERRING OR ASSOCI-ATED COUNSEL, AND ANY OTHER INFORMATION THAT THEATTORNEY CONSIDERS APPROPRIATE.

SECrION 2. That existing sections 1107.17,1107.18,1151.34,1775.14,2125.02, 2307.31, 2307.32, 2307.60, 2309.01, 2315.18, 2315.19, 2317.02,2328.51, 3901.04, 8901.17, 3901.19, 3901.20, 3901.22, 3901.99, 3905.47,3929.482, 3929.85, 3935.04, 3935.05, 3937.03, 3937.04, 8987.18, 3941.02,4507.07, and 4518.263 and section 2305.38 of the Revised Code are herebyrepealed.

SECTION 3. (A) The provisions of the amendments to sections 1775.14,2125.02, 2307.31, 2307.32, 2807.60, 2309.01, 2315.18, 2315.19, 2317.02,

^t°^`^t^`° .

VERNAL G. RIFFE. JR.

>f..". ^flâmrû^. H 7Xt ROYt{ .

43215

The Honorable Ted W. BrownSecretary of StateState Office TowerColumbus, Ohio 43215

Dear Mr. Secretary:

TMOMAS R. WIN7'E1ZSLt(JtY11Y{ CL[Y{•r tNt qnuac.4424l4i6.1737

Attached is an accurate page 25 of the enrolled AmendedSubstitute House Bill No. 205 -- Municipal Court Bill. Througha printer's error which the clerk's office did not detect inproofing, in the sixth (6th) paragraph of the enrolled bill,the second line was dropped down from the previous paragraph.Thus, the error added a new full-time judge to the WashingtonCourt House municipal court which was not the intent.

This page corresponds to the engrossed bill, pages 38and 39, lines 1108 and 1109. The corrected page has beenapproved by the Speaker of the House of Representatives,the President of the Senate, and thA Governor.

6I-2 /\^C^(//^'^THOMAS R. WINTERSLegislative Clerk

TRW/rkf

RECEIVEDoc'C2o19r5

TED W. BROWNSECRETARY OF STATE

October 14, 1975

The Honorable Ted W. BrownSecretary of StateState Office TowerColumbus, Ohio 43215

The undersigned hereby approve the insertion ofcorrected page 25 of the Amended Substitute House BillNo. 205 --Municipal Court Bill-- in which a line wasdropped down from the previous paragraph during printing.This page corresponds to pages 38 and 39 of the engrossedbill as filed with the Secretary of State.

RECEIVEDOCT201915


I

f

l

Am. Sub. H. B. No. 20586

Iu the Vandalia municipal coutt, oae full-time judge ahail beetected in 1959.

In the Van Wert atuaidpal court, one fuli-time 3udge bhall beelseted in 1957.

In the Vermilion mvniCipal court, one paei^tJme judge shall beeleatedin 1965.

IN THE WADSWORTI; MUNICIPAL COURT, ONE FiJLL-TIME JUDGE SHALL BE ELECTED IN 1976, BUT SHALLSERVE ONLY UNTIL DECEMBER 31, 198L ONE FULL-TIbaEJUDGE SHALL BE ELECTED IN 1981.

In the Warren municipal court, one full-time Judge shaii beelected in 1961,, AND ONE FULL-TIME JUDGE IN 1971.

In the l'7ashington Court House munidpai court, one part-timejudge shaII be elected in 1951.

IN THE WAYNE COUNT4 MUNICIPAL COURT. ONEFULL-TIME JUDGE SHALL BE ELECTED IN 1975. AND AN-OTHER FULL-TIME JUDGE SHALL BE ELECTED IN 1975,BUT SHALL SERVE ONLY UNTIL DECEMBER 31, 1979. ONEFULL-TIME JUDGE SHALL BE ELECTED IN 1979.

In the Witioughby municipal court, one full-time judge eballbe elected In 1951.

In the Wiimington municipal court, one part-time judge shallbe elected in 1959.

#n the 3geente•r sunteipei eear, ese €uii tiae jndge skal} be eleeEeel3a d8"ei.

In the Xenia municipal court, one pe4 time FULI.-TIME judgeshall be elected in Z858 1977.

Notwithstanding section 1901.05 of the Revised Code,in theYoungstown municipal court one FULL-TIDaE judge shall beelected In 1951. and two FLJ^L TIIME judges ahaii be elected in1953 = ekeir tenne !e eesmeeea ea eueeenaire d^ve begitwixg en Eite fwsedt^* e€ daeuary seaE a€Nw tiê eleeEies ^43i Yaxxsetewu ûsripe} eeerEjaAoes niwN be €uA Kme 3u^lges .

I.1 the ZanesviIIe municipal court, one full-time judge shaII beeieated In 1953.

Changes in this section shap not affect the existence or termof the office of a judge eleeted pursuant to seetion 1901.05 of theRevised Code, solely because such judgeship Is not reflected inlater amendmenta of this eection.

Sec. 1901.09. 4* e amnieipal eesrt havies twelve er ieere 3sdge^sae ,E suek j.xlgee eMdF be desig^ ae a eMieE juefiear wke sAel} beeleeted as eseb usder seeRes 18912oq e! the 12+.wieed 6eAe:

(A) ln a municipal court having two judges, the judge whoseterm next expires shali be designated as the presiding judge.

In a municipal court having three ie eleven OR MOREjudge, th presiding, judge shall be selected by, the respective

. r•

RECEIVED0CT201975


TY D. MARSH

Legislative Clerk

.(614)466-3357

4%j 4%^ ---.=A- ^

y,^ T...i^ ,

"ambo{8215

December 16,1985

Enrolled Act

Page Number

Engrossed Bill

Line Number

14 20.3423 32.14-32.15

23 32.18-33.2638 53.939 53.31, 54.1541 57.19-57.19a

58 80.3259 82.3661 85.18

„.TY

1_,MAR

v..SH

.Legislative Clerk

Ohio House of Representatives

The Honorable Sherrod Brown

Secretary of State

30 East Broad Street

Columbus, Ohio 43215

Dear Mr. Secretarys

Enclosed are corrected enrolled pages of Sub. H. D. No. 435.

These pages reflect the actual action of the General Assembly asevidenced by the engrossed version of the bill.

Due to a oomputer printing maifunction, certain lines of the

enrolled blil were not printed and columns were not aligned. In

addition, specifie words and punotuation, which were not stricken

in the engrossed biil, were lnadvertentiy stricken in the enrolled

act.

. To ensure no ambiguity in the enrolled act, I am forwarding

you the corrected enrolled pages. The enrolled page numbers and

corresponding engrossed hill line numbers are as follows:

VERN RIFFESpeaker

Of The House

Sub. H. B. No. 43514

baildingei. sue# #tAil"ge si3a8 be eubstAatinllyin eemplianeeavi#h EIê:^ts e€ Isesl 13uik}ing eedee £er t ub1ie eehesieIN A PLACE OR fi.ESIDENCE OTHER THAN A CHILD'SOWN HOME. .

(B) "CHILD DAY-CARE SERVICES" MEANS CHILDDAY-CARE SERVICES AS DEFINED IN SECTION'5107.25OF THE REVISED CODE.

(C) "Child day-care center" Faeans AND "CENTER"MEAN any place in which child day-care is provided,, WITH ORWITHOUT COMPENSATION, for five THIRTEEN or moreix€aMsi Eeddlersr Pr-e seRee3 ekil&ron. " eeheel age children es#-side of seheel hours ia ai'ewage daily akkeridanee, ethep than theehilArEe of Rhe ew4e es adrAiwisiFaEe^ of the eenters witlt epsritheut eeexpeteeaLiew AT ONE TIME OR ANY PLACE THATIS NOT THE PERMANENT RESIDENCE OF THELICENSEE OR ADMINISTRATOR IN WHICH CHILD DAY-CARE IS PROVIDED, WITH OR WITHOUT COMPENSATION,FOR SEVEN TO TWELVE CHILDREN AT ONE TIME. INCOUNTING CHILDREN FOR THE PURPOSES OF THISDIVISION, ANY CHILDREN UNDER SIX YEARS OF AGEWHO ARE RELATED TO A LICENSEE, ADMINISTRATOR,OR EMPLOYEE AND WHO ARE ON THE PREMISES OFTHE CENTER SHALL BE COUNTED.

an....f a•.,„m.. ..c day 48EE eenaacs__rrek"(^' z-az.r $1@9A8 8 Bhilri FI9y-

eaee eenten whie1r deea Piet eere £ev any ehiki fff more bkett €eaPhours on HiW d$Y of the 4V68i6

(D) rtAit6Fi!ge 4&11y u^"°"eemuoi+ep" meRB6 the 11i83Ei1qifR}

number of ei3ildfeF 08*eFI fff ${ 9iky one Eiine eAel; 4ff OiQ eeH-

teP iB 33} 9@6P6t}9Ik dHFkAg Aquartet, 5te9Y p6Pi9d, divided by the

namhe e€ days the eeater is in operation TYPE A FAMILYDAY-CARE HOME" AND "TYPE A HOME" MEAN A PERMA-NENT RESIDENCE OF THE ADMINISTRATOR IN WHICHCHILD DAY-CARE IS PROVIDED FOR SEVEN TO TWELVECHILDREN AT ONE TIME OR A PERMANENT RESIDENCEOF THE ADMINISTRATOR IN WHICH CHILD DAY-CARE ISPROVIDED FOR FOUR TO TWELVE CHILDREN AT ONETIME IF FOUR OR MORE CHILDREN AT ONE TIME AREUNDER TWO YEARS OF AGE. IN COUNTING CHILDRENFOR THE PURPOSES OF THIS DIVISION, ANY CHILDRENUNDER SIX YEARS OF AGE WHO ARE RELATED TO ALICENSEE, ADMINISTRATOR, OR EMPLOYEE AND WHOARE ON THE PREMISES OF THE TYPE A HOME SHALLBE COUNTED. "TYPE A FAMILY DAY-CARE HOME" DOESNOT INCLUDE A RESIDENCE IN WHICH THE NEEDS OFCHILDREN ARE ADMINISTERED TO, IF ALL OF THECHILDREN WHOSE NEEDS ARE BEING ADMINISTERED

Sub. H. B..No. 43523

MAXIMUM GROUP SIZE, BY AGE CATEGORY OF CHIL-DREN, ARE AS FOLLOWS:

AGGECATEGORYOF CHILDREN

MAXIMUM NU6fBEROF CHILDREN PERCHILD-0ARESTAFF MEMBER

MAXIMUMGROUP

SIZEfa)fil

INFANTSLESSTHANTWELVEMONTHSOLD 5:1, OR

122 IF TWOCHILD-CARESTAFF MEMBERSARE IN THE ROOM 2

(ii) ATLEASfTWELVEMONTHS OLD, BUTLESS THAN EIGHTEENHONTHSOLD :1 2

(b)(i)

TODDLERSAT LEAST EIGHTEENMONTHS OLD, BUTLESS THAN THIRTYMONTHSOLD :1 4

lii) AT LEAST THIRTY MONTHSOLD. BUT LESS THANTHREE YEARS 0LD 8:1 16

(c)(B

PRE-SCHOOLCHILDRENTHREE YEARS OLD 121 24

fii) FOUR YEARS OLD ANDFIVE YEARS OLD WHOARE NOT SCHOOLCHILDREN 41 8

(4) SCHOOL CHILDRENli) A CHILD WHO IS

ENROLLED IN OR IS ELIGIBLETO BE ENROLLEDIN A GRADE OFRINDERGARTEN ORABOVE, BUT ISLESS THAN ELEVENYEARSOLD :1 6

(ii) ELEVEN THROUGH FOURTEENYEAR OLD CHILDREN 20:1 40

EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)OF THIS SECTION, THE MAXIMUM NUMBER OF CHILD-

Sub. H. B. No. 43538

THE REVISED CODE AND OF RULES PROMULGATEDPURSUANT TO CHAPTER 5104. OF THE R.EVISED CODESHALL APPLY TO ANY EXF,MPT CHILD DAY-CARE CEN-TER OR TYPE A HOME THAT APPLIES FOR A LICENSEUNDER DIVISION (A) OF THIS SECTION. LICENSUREPURSUANT TO THIS DIVISION CONSTITUTES AN IRREV-OCABLE WAIVER.OF THE EXEMPT STATUS OF THEAPPLICANT UNDER DIVISION (B) OF THIS SECTION.

Sec. 5104.03. I+vep $eteert, fk%q eFgaAizetaen, eengeFatienT ff ageneg epera8ing a ehiM day eare eenies en damuepg },IM aaA a€ter ewek date aeg (A) ANY person, firm, organiza-tion, esr-peFaLien INSTITUTION, or agency desiring to establisha child day-care center OR TYPE A FAMILY DAY-CAREHOME shall apply for a license to the director of publie welfareHUMAN SERVICES on such form as the director prescribes.THE DIRECTOR SHALL PROVIDE AT NO CHARGE TOEACH APPLICANT FOR LICENSURE A COPY OF THE DAY-CARE LICENSE REQUIREMENTS IN CHAPTER 5104. OFTHE REVISED CODE AND OF THE RULES PROMULGATEDPURSUANT TO CHAPTER 5104. OF THE REVISED CODE.The director shall mail application forms for renewal of licenseat least ninety ONE HUNDRED TWENTY days prior to thedate of expiration of the license, and the application for renewalshall be filed with the director at least sixty days before thedate of expiration. A fee of one kuadr-ed deldaas FEES shall beSET BY THE DIRECTOR PURSUANT TO SECTION 5104.011OF THE REVISED CODE AND SHALL BE paid at the time ofapplication for OR RENEWAL OF a license to operate a ek"dag eer-e center having betit a3enwing aad• a€terxeen $regramsard aR aa•erage daily ak6endanee e€ tkl3iiiFL1T eF ateIVe aRd a fee e€fifty de8ars shall be Psid• at the time of applieatiea fw a ISeeeseto eper-ate aff eLHer ehild day ea£e eenEea A£ee a€ twenty fivedellars eha$ be Paid at the time of applieatien fee r-enewal of alieease OR TYPE A HOME. Fees collected under this sectionshall be paid into the state treasury to the credit of the generalrevenue fund.

Mlheia a delay it3 iseuanee e€ a lieeeee eF rewewal to a eep-Eea whielt #ae maiie agplieatiea artd gaid, the requiFed fee isseeaaianed by ctefeets whieFt aee aubaequently eart^°,e;, theeewteg ie el•igible fee dieetteaw ep ;-eiiawa: of liemase aVitheot thepayment of any additienal fee unlese; beeaaee e€ a ekange ita khePregFem ff a*eFage dailg akterdaaee of a eenEen applyixg &Finitial }ieeAsuret the eenEer is Feelessigipd ae a eeHteF requiredto P" the ene kandr-ed dellar fee undep 49a seebie+►r in svhieheese the additieaai asOURt e€ €'ifSg dellars sI}ul} be Paid laefeeethe lieenee is isetied ff peAewed4

Sub. H. B. No. 43539

(B) Upon filing of the application for a license ee a$piieaLien €er t exewel, i» pt eper srder, the director eF#ia Oegresentakivo shall eiEamine INVESTIGATE AND INSPECT the ehilddeyeaFe cefiter OR TYPE A HOME to determine THELICENSE CAPACITY FOR EACH AGE CATEGORY OFCHILDREN OF THE CENTER OR TYPE A ROME AND TODETERMINE whether THE CENTER or %eR the vequiremesksof TYPE A HOME COMPLIES WITH Chapter 5104. of theRevised Code aresaet AND RULES PROMULGATED PURSU-ANT TO CHAPTER 5104. OF THE REVISED CODE. When,after e3caminaLie» INVESTIGATION AND INSPECTION, thedirector is satisfied that sneh• requir-evnente CHAPTER 5104. OFTHE REVISED CODE AND RULES PROMULGATED PUR-SUANT TO CHAPTER 5104. OF THE REVISED CODE arecomplied with, a PROVISIONAL license shall be issued ASSOON AS PRACTICABLE in such form and manner as pre-scribed by the director arid_ THE PROVISIONAL LICENSEshall be valid for one gese SIX MONTHS from the date of issu-ance unless revoked. The di£eete^ way 3esHe s previsienalekild $ay-eare eenter l4eereae for a speeiC+ed period of lees Lt+eAone 3*ear te allew a eea#er r-easeaable time to beeeme eiigpihle fesa segt►lat. lieense.

(C) THE DIRECTOR SHALL INVESTIGATE ANDINSPECT THE CENTER OR TYPE A HOME AT LEASTONCE DURING OPERATION UNDER THE PROVISIONALLICENSE. IF AFTER THE INVESTIGATION AND INSPEC-TION THE DIRECTOR DETERMINES THAT THEREQUIREMENTS OF CHAPTER 5104. OF THE REVISEDCODE AND RULES PROMULGATED PURSUANT TOCHAPTER 5104. OF THE REVISED CODE ARE MET, THEDIRECTOR SHALL ISSUE A LICENSE TO BE EFFECTIVEFOR TWO YEARS FROM THE DATE OF ISSUANCE OF THEPROVISIONAL LICENSE.

(D) UPON THE FILING OF AN APPLICATION FORRENEWAL OF A LICENSE BY THE CENTER OR TYPE AHOME, THE DIRECTOR SHALL INVESTIGATE ANDINSPECT THE CENTER OR TYPE A HOME. IF THEDIRECTOR DETERMINES THAT THE REQUIREMENTS OFCHAPTER 5104. AND RULES PROMULGATED PURSUANTTO CHAPTER 5104. OF THE REVISED CODE ARE MET, THEDIRECTOR SHALL RENEW THE LICENSE TO BE EFFEC-TIVE FOR TWO YEARS FROM THE EXPIRATION DATE OFTHE PREVIOUS LICENSE.

(E) The license or provisional license shall state thename of the eamer LICENSEE, the name of the administrator,the address of the center OR TYPE A HOME, and the aatHe

Sub. H. B. No. 43541

DIRECTOR WITH RESPECT TO LICENSING CENTERS ORTYpEA:,HOMES, RENEWING A LICENSE, REFUSAL TOLICENSE OR RENE W A LICENSE, AND REVOCATION OF ALICENSE SHALL BE IN ACCORDANCE WITH CHAPTER119. OF THE REVISED CODE. ANY APPLICANT WHO ISDENIED A LICENSE OR ANY OWNER WHOSE LICENSE ISNOT RENEWED OR IS REVOKED MAY APPEAL INACCORDANCE WITH SECTION 119.12 OF THE REVISEDCODE:

Sec. 5104.04. (A) The director of pkiblie welfape HUMANSERVICES shall establish procedures to be followed inINVESTIGATING. inspecting, and licensing child day-care cen-ters AND TYPE A FAMILY DAY-CARE HOMES.

(B) The director eg #ie i+epresentnbive shall mttcaaRy, eemeFe ePkew 1€ in We judgment xeeesssry; examixe eeek eentereperstixg In the eta6e AT LEAST TWICE DURING EVERYTWELVE-MONTH PERIOD OF OPERATION OF A CENTEROR TYPE A HOME, INSPECT THE CENTER OR TYPE AHOME AND PROVIDE A WRITTEN INSPECTION REPORTTO THE LICENSEE WITHIN A REASONABLE TIMEAFTER EACH INSPECTION.

AT LEAST ONE INSPECTION SHALL BEUNANNOUNCED AND ALL INSPECTIONS MAY BEUNANNOUNCED. No person, firm, organization, eer-pegatienINSTITUTION, or agency shall interfere with the inspection ofa ehilA dayeere center OR TYPE A HOME by any state or localofficial when he is performing duties required of him by Chapter5104. of the Revised Code OR RULES PROMULGATED PUR-SUANT TO CHAPTER 5104. OF THE REVISED CODE,INCLUDING INSPECTING TIIE CENTER OR TYPE AHOME, REVIEWING RECORDS, OR INTERVIEWINGLICENSEES, EMPLOYEES, CHILDREN, OR PARENTS.

UPON RECEIPT OF ANY COMPLAINT THAT A CEN-TER OR TYPE A HOME IS OUT OF COMPLIANCE WITHTHE REQUIREMENTS OF CHAPTER 5104. OF THEREVISED CODE OR RULE; PROMULGATED PURSUANTTO CHAPTER 5104. OF THE REVISED CODE, THE DIREC-TOR SHALL INVESTIGATE AND MAY INSPECT A CENTEROR TYPE A HOME.

(C) IN THE EVENT A LICENSED CENTER OR TYPEA HOME IS DETERMINED TO BE OUT OF COMPLIANCEWITH THE REQUIREMENTS OF CHAPTER 5104. OF THEREVISED CODE OR RULES PROMULGATED PURSUANTTO CHAPTER 5104. OF THE REVISED CODE, THE DIREC-TOR SHALL NOTIFY THE LICENSEE OF THE CENTER ORTYPE A HOME IN WRITING REGARDING THE NATURE OF

Sub. H. B. No. 43558

AIDE pursuant to division (&} (D) of section 5107.28 of theRevised Code, which m$y vary from county to county accordingto variations in the cost of dey eere CHILD DAY-CARE SER-VICES;

(E) Adept PROMULGATE RULES ESTABLISHINGminimum standards of eare PURSUANT TO CHAPTER 5104.OF THE REVISED CODE AND RULES PROMULGATEDPURSUANT TO CHAPTER 5104. OF THE REVISED CODEand measurements thereof PURSUANT TO SECTIONS 5107.25TO 5107.30 OF THE REVISED CODE for the provision of childday-care services by $£ivate IN CHILD DAY-CARE CENTERS,TYPE A FAMILY DAY-CARE HOMES, AND CERTIFIEDTYPE B FAMILY day-care homes and private inAusti-iaI dag-eare previders BY IN-HOME AIDES.

Funds received under sections 5107.25 to 5107.30 of theRevised Code shall be deposited in the state treasury to thecredit of the day-care assistance fund, which is hereby created.

Sec. 5107.27. Funds may be appropriated to the statedepartment of Pub4ie aveifxwe HUMAN SERVICES to assist low-income families to meet the cost of child day-care services.Child day-care services are subject to state reimbursementunder sections 5107.25 to 5107.30 AND RULES PROMUL-GATED PURSUANT TO SECTIONS 5107.25 TO 5107.30 of theRevised Code only under eithev+ ANY of the following condi-tions:

(A) The CHILD IS UNDER THE AGE OF FIFTEEN,THE caretaker parent is employed full-time OR PART-TIME orenrolled in and participating in a training program to preparefor €e1I-tiane employment, agpreved by the deget^LmeHt, ANDTHE FAMILY IS RECEIVING PUBLIC ASSISTANCE OR ISELIGIBLE FOR PUBLIC ASSISTANCE UNDER CHAPTER5107. OR THE FAMILY IS ELIGIBLE FOR CHILD DAY-CARE SERVICES UNDER SECTION 5101.46 OF THEREVISED CODEi either employment or participation in a train-ing program IS to be verified by the county department of wel-fere HUMAN SERVICES aan4 the family is reeeivirtg piablieaasisLsnee sr is eligible fer publie aesistareee ttndeg Chapter5102, of the Rev+sed F,ede, Sabjeet to the aNailakiIity of t'ueds,khe &e$ae6exenE may att%herise the perekase ef ehild dayes*esesviees €ee the ehilt}re» of additional eeretakee parents svke®einesnê 4s insitf€ieiewL to Pay £es euifiable esre.

(B) The child IS UNDER THE AGE OF EIGHTEENAND has been determined to be physically handicapped, men-tally retarded, or mentally ill utadee $ivisiew (A) e€ seeRien5144:35 e€ the Rei-ised Sede, oe AND THE FAMILY ISRECEIVING PUBLIC ASSISTANCE OR IS ELIGIBLE FOR

Sub. H. B. No. 43559

PUBLIC ASSISTANCE UNDER CHAPTER 5107. OF THEREVISED CODE OR THE FAMILY IS ELIGIBLE FORCHILD DAY-CARE SERVICES UNDER SECTION 5101.46 OFTHE REVISED CODE. DETERMINATION OF A PHYSICALHANDICAP SHALL BE MADE BY THE COUNTY DEPART-MENT OF HUMAN SERVICES. DETERMINATION OFMENTAL RETARDATION SHALL BE DONE BY A COMPRE-HENSIVE EVALUATION AS DEFINED IN DIVISION (C) OFSECTION 5123.01 OF THE REVISED CODE, TO BE CARRIEDOUT BY THE BOARD OF EDUCATION OF THE SCHOOLDISTRICT IN WHICH THE CHILD RESIDES IN ACCORD-ANCE WITH SECTION 3323.03 OF THE REVISED CODE.DETERMINATION OF MENTAL ILLNESS SHALL BEMADE BY A MENTAL HEALTH CLINICAL FACILITY ASDEFINED IN DIVISION (H) OF SECTION 5122.01 OF THEREVISED CODE.

(C) THE CHILD IS UNDER THE AGE OF EIGHTEENAND HAS BEEN DETERMINED BY THE COUNTYDEPARTMENT OF HUMAN SERVICES OR THE CHILD-REN'S SERVICES BOARD to require protective day-care ser-vices UNDER SECTION 5101.46 OF THE REVISED CODE.

Child day-care services are subject to state reimburs-ement only if the facility in which the child receives care is achild day-care center OR TYPE A FAMILY DAY-CARE HOMElicensed by the atate department of pu"e tvei€aee HUMANSERVICES PURSUANT TO SECTION 5104.03 OF THEREVISED CODE, er apr-ivate TYPE B FAMILY DAY-CAREhome ivhie#t meets minimum eteadeisAe adepted CERTIFIED bythe COUNTY department €ee the eperabiee of day-ear-e hemeeOF HUMAN SERVICES PURSUANT TO SECTION 5104.11 OFTHE REVISED CODE, ery if xe ebild• dayeai-e eentep er dey-eare beeae is evaileble ;vhieh tneete minimum eLandasdss care isprovided In the child's own home by an iediavAaal day eare pre-avder IN-ROME AIDE, who meets m#ni;num sbandar-ds adoptedby t,hedepartmexi HAS BEEN CERTIFIED BY THE COUNTYDEPARTMENT OF HUMAN SERVICES PURSUANT TO SEC-TION 5104.12 OF THE REVISED CODE.

(D) ANY CARETAKER PARENT ON WHOSEBEHALF THE DEPARTMENT OF HUMAN SERVICES ISMAKING CHILD DAY-CARE SERVICES PAYMENTS ANDWHOSE STATUS WITH RESPECT TO EMPLOYMENT ORJOB TRAINING PARTICIPATION IS CHANGED SHALLREPORT THE CHANGE TO THE COUNTY DEPARTMENTOF HUMAN SERVICES.

Sec. 5107.28. The county welfare department OFHUMAN SERVICES shall, with respect to sections 6107.25 to5107.30 of the Revised Code:

Sub. H. B. No. 43561

CERTIFIED TYPE $ FAMILY DAY-CARE HOME, AND THEIN-HOME AIDE providing CHILD day-care services for fami-lies eligible for assistance under sections 5107.26 to 5107.3%.inelaetves of the Revised Code AND THE RULES PROMUL-GATED PURSUANT TO SECTIONS 5107.25 to 5107.30 OF THEREVISED CODE shall keep a record for each eligible child, tobe made available to the county department of mve}€are HUMANSERVICES or the staEe department of $ablie welfare HUMANSERVICES on request. The record shall include:

(A) The name and date of birth of the child;(B) The names and addresses of his parents or guardian;(C) The name and address of the training program or

place of employment of the parent or parents;(D) The hours e€ attevidonee of FOR WHICH CHILD

DAY-CARE SERVICES HAVE BEEN PROVIDED FOR thechild;

(E) Any other information required by the COUNTYDEPARTMENT OF HUMAN SERVICES OR THE state depart-ment ofpuHliewelfase HUMAN SERVICES.

Sec. 5107.30. Any eereteker parent si: whsee kehal€ thedepsirtraeM of imbHe wel€are is making day eare aseistanee gay-me3rts end avtrese s#sEas vcitlr FesyeeE to emple3ment ei jobbreioing partieipatise is ekanged sl3all regeet the eh"ge Le theeeunt,g depantx3eaL of wel€are.

The department OF HUMAN SERVICES may withholdany money due under sections 5107.26 to 5107.30f ixel•seive, ofthe Revised Code if evidence exists of less than full compliancewith tbe preatisiena of sections 5107.25 to 5107.30t iaelasivcy ofthe Revised Code and rules and regulations of t.ke atate departinent of $ublie welfare PROMULGATED PURSUANT TO SEC-TIONS 5107.25 TO 5107.30 OF THE REVISED CODE.

SECTION 2. That existing sections 3732.01, 3737.22, 3737.83,3781.06, 3781.10, 5104.01, 5104.02, 5104.03, 5104.04, 5104.05,5104.061, 5104.07, 5104.08, 5104.99, 5107.25, 5107.26, 5107.27,5107.28, 5107.29, and 5107.30 and sections 5104.06 and 5104.061 ofthe Revised Code are hereby repealed.

SECTION 3. Sections 1, 2, and 4 of this act shall take effecton September 1, 1986, except that the additional rule-makingauthority granted in Section 1 of this act may be exercised priorto September 1, 1986, but with the date of such rules not to beeffective prior to September 1, 1986.

Licensees of centers currently licensed by the Departmentof Human Services on September 1, 1986, shall continue to oper-ate under that license, unless revoked, until its expiration, sub-ject to the requirements for centers and type A homes asenacted by this act.

Cotummbuo.4321$

The Honorable Sherrod BrownSecretary of State30 East Broad StreetColumbus, Ohio 43215

Dear Mr. Secretary:

January 19, 1984

VO

Enclosed is the corrected page seven of the enrolled versionof House Bill No. 105. This page reflects the actual action ofthe Legislature as evidenced by the engrossed version of the bill.

Due to a computer printing malfunction, certain words werenot printed in the enrolled version. Lines 9.21 and 9.22 of theengrossed bill clearly show the complete wording.


D. Mar

Legislative Clerk


Enclosure

TDM/tab

R ECEIVED

JAN 1 s 1W1

Ss crRE OA D BROWN

Am. H. B. No. 1057

(2) THE PARTICULAR, LOCATION AND PROPOSEDUSE DESIGNATED IN THE PETITION THAT WAS FILEDUNDER SECTION 4301A82 OF THE REVISED CODE.

In the event an application for re¢ount is filed with theboard of elections pursuant to section 3615.02 of the RevisedCode or if an election contest is comraenced pursuant to section3515.09 of the Revised Code, the board of elections shall sendwritten notice of the recount or contest, by certified mail, to thedirector of liquor control within two days from the date of thefiling of the application for recount or the commencement of anelection contest. Upon the final determination of an electionrecount or contest, the board of elections shall send notice of thefinal determination, by certified mail, to the director of liquorcontrol and the liquor control commission.

If, as the result of a local option election, the use of a permitis made partially unlawful, the department shall, within thirtydays after receipt of the final notice of the result of the election,pick up and amend the permit by inserting appropriate restrict-ions on the permit, and forthwith reissue the permit withoutcharge or refund to the permit holder.

If, as the result of a local option election, except a localoption election held pursuant to section 4301562 of the RevisedCode, the use of a permit is made wholly unlawful, the permitholder may, within thirty days after the certification of suchfinal result by the board of elections to the department, deliverhis permit to the department for safekeeping as provided in sec-tion 4308.272 of the Revised Code.

If a municipal corporation or township has been paid all themoneys due it from permit fees under section 4301.30 of theRevised Code, it shall refund to the department ninety per centof the money attributed to the unexpired portion of aB permitswhich are still in force at the time of a local option election thatmakes use of the permits unlawful, except that no refund shallbe made for the unexpired portion of a license year that is lessthan thirty days. Failure of the municipal corporation ortown-ship to refund the amount due entitles the permit holders tooperate under their permits until the refund has been made.

If a municipal corporation or township has been paid all themoney due it from permit fees under section 4301.30 of theRevised Code, it shall refund to the department ninety per centof the money attributable to the unexpired portion of a permitat the time a local option election under section 4301.352 of theRevised Code makes use of the permit unlawful, except that norefund shall be made for the unexpired portion of a&cense yearthat is less than thirty days. Failure of the municipal corpora-tion or township to refund the amount due entitles the permit

a"z^1E^_2Oi? 3^2t7i/`!^1S£C^2Y.T1ilF i s qT',Tt:

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^^ -ry^^y.^y^MIMîN.4.w •6.M^YVy1 Mr.^wW.^^ ^^^^

The Honorable Sherrod BrownSecretary of State30 E. Broad Street, 14th FloorColumbus, Ohio 43215

43215 C /^,y _..Ja'r4Y V

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4 Y ^. .. Y

July 8, 1983

calumyjus ^^3^^ =Y^ ^ •^ ^^,,,^^, ..

.. . .. . . ^^ .S'. ^,..^. . . . . . . ^

Dear Mr. Secretary:

Enclosed are corrected pages of the enrolled version of Amended Substitute HouseBill No. 291 - the Biennial Appropriations. These pages reflect the actual action ofthe Legislature as evidenced by the engrossed version of the bill and the ConferenceCommittee Report contained in the House and Senate Journals for June 30, 1983.

Due to a computer printing malfunction, certain words that were stricken in theengrossed bill and Conference Committee Report were not wholly stricken in the enrol-led act. The mechanical printer struck through the spaces between the words withoutstriking the words. The engrossed bill and Conference Committee Report clearly showthat the words were stricken.

To ensure that there is no ambiguity in the enrolled act. I am forwarding t^n"yodthe corrected enrolled pages. The enrolled page numbers and corresponding engrossedbill line numbers are as follows:

Enrolled ActPage Number

Engrossed BillLine Number

Enrolled ActPage Number

Engrossed BillLine Number

44 83.14 249 469.1448 91.9 252 475.2958 109.25 280 527.3365 122.17 & 122.27 312 589.13

139 261.19 & 262.8 313 591.12161 303.1 314 593.22162 304.19 323 613.12191 358.35 339 643.13 & 643.15195 367.12 358 679.1203 382.2 370 702.36206 386.30 376 714.10218 411.17

Ty-D. Mars

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Legislative ClerkOhio House of Representatives

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caiumibuli :43216December 6, 1983

The Honorable Sherrod BrownSecretary of State30 East Broad StreetColnmbus, Obio 43215

Dear Mr. Secretary:

Enclosed is the corrected page two of the enrolled version of Honse Bill No.425. This page reflects the actual action of the Legislature as evidenced by theengrossed version of the bill.

Doe to a compiiter printing malfnnction, certain words were either mistakenlystricken or not printed in the enrolled version. Lines 3.11 through 3.14 of theengrossed bill clearly show the complete wording inc2nding the correct strickenlanguage.

EXHIBIT

2m

To ensure that there is no ambignity in the enrolled act, t am forwarding yonthe corrected enrolled page.

Ty(fD. Mars

Legislative ClerkOhio House of Representatives

Enclosure

TDM/j edRECEIVED

DEC 6 1983

I

SHERROD BROWNSECRETARY OF STATE

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^Catumû^

September 13, 1984

The Honorable Sherrod BrownSecretary of State30 East Broad StreetColumbus, Ohio 43215

Dear Mr. Secretaryz

EXHIBIT

an

Enclosed is the fully printed page 8 of the enrolled version of HouseBill Number 183. This bill reflects the actual action of the Legislature asevidenced by the engrossed version of the bill.

During final printing of the bill, the printing machine did not print thelast line of the page nor fully print the next to last line.

To ensure that there is no ambiguity in the enrolled act, I am forwardingyou the corrected enrolled bill.

Ty D. Marsh

Legislative Clerk


8nclosure

TDM/tb

Am. Sub. H. B. No. 1838

The judge of the eouxt of cominon pleae may select any yuel-inso slestori PERSON WHO SATISFIE& THE QUALIFICA-TIONS OF A JUItORAND whose nanie is not included in theannual jury list or on a ballot deposited in the jury wheel orautomation data processing storage drawer, or whose name isnot eontained in an automated data processing iaformationstorage device, to preside as foreman of the grand j ury, in whichevent the grand jury shall consist of the foreman so selectedand fourteen additional grand jurors selected from the jurywheel or by use of the automation data processing equipmentand procedures in the manner provided in this section.

Sec. 4507.06. (A) Every application for an operator's orehauffeur's license or motorcycle operator's license or endorse-ment, or duplicate of any such license or endorsement shall bemade upon the approved form furnished by the registrar ofmotor vehicles and shall be signed by the applicant.

Every application shall state the following:(1) The name, date of birth, social security account number

if such has been assigned, sex, general description, includingheight, weight, color of hair, and eyes, residence and businessaddress, INCLUDING COUNTY OF RESIDENCE, DURATIONOF RESIDENCE IN THIS STATE, COUNTRY OF CITIZEN-SHIP,. and oecupation of the applicant;

(2) Whether the applicant has previously been licensed asan operator, chauffeur, or motorcycle operator, and if so, when,and by what state, and whether such license is suspended orrevoked at the present time, and if so, the date of and reason forsaeh THE suspension or revocation;

(3) Whether the applicant is now or has ever been afflictedwith epilepsy, or whether the applicant is now suffering fromany physical or mental disability or disease, and if so, thenature and extent 8hepee^ OF THE DISABILITY ORDISEASE, giving the names and addresses of physicians thenor previously in attendance upon the applicant;

(4) Whether an applicant for a duplicate operator's license,duplicate chauffeur's license, or duplicate license containing amotorcycle operator endorsement has pending a citation for vio-lation of any motor vehicle law or ordinance, a description ofany such citation pending, and the date of euek THE citation;

(5) Whether or not the applicant wishes to certify willing-ness to make an anatomical donation under section 2108.04 ofthe Revised Code, which shall be given no consideration in theissuance of a license or endorsement.

Every applicant for an operator's or chauffeur's licenseshall be photographed in color at the time the application forsae# THE license is madr. fi•,;l TUF .:...- .-U.. n.-.....

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The judge of the court of common pleas may select anyqeal-iied+eleetei, PERSON WHO SATISFIES THE QUAI.IFICA-TIONS OF A JUROR AND whose name is not included in theannual jury list or on a ballot deposited in the jury wheel orautoination data proceseing storage drawer, or whose name isnot contained in an automated data processing :ipformationstorage device, to preside as foreman of the grand jury, in whicheventthe grand jury sha)1 consist of the foremon so selectedand fourteen additional orand jurors aelected from the jurywhgelor by use of the automation data processing eqqipmentand procedures in the inanner provided in this section.

See. 4507:08. (A) Every alrplicatian for an operator's orchauffeur's license or matorcycle operator's Heense or en,dorse-ment, or duplicate of any such license or endorsement shall bemade upon the approved form furnished by the registrar ofmotor vehicles and shall be signed by the applicant.

Every applicatibn shall state the following:(1) The name, date of birth, social security account number

if such has been assigned, sex, general description, includingheight, weight, color of hair, and eyes, residence and businessaddress, INCLUDING COUNTY OF RESIDENCE, DURATIONOF RESIDENCE IN THIS STATE, COUNTRY OF CITIZEN-SHIPLand occupation of the applicant;

(2) Whether the applicant has previously been licensed asan operator, chauffeur, or motorcycle operator, and if so, when,and by what state, and whether such license is suspended orrevoked at the present time, and if so, the date of and reason foreuelrTHE suspension or revocation;

(3) Whether the applicant is now or has ever been afflictedwith epilepsy, or whether the applicant is now suffering fromany physical or mental disability or disease, and if so, thenature and extent tberee€ OF THE DISABILITY ORDISEASE, giving the names and addresses of physicians thenor previously in attendance upon the applicant;

(4) Whether an applicant for a duplicate operator's license,duplicate chauffeur's license, or duplicate license containing amotorcycle operator endorsement has pending a citation for vio-lation of any motor vehicle law or ordinance, a description ofany such citation pending, and the date of sueh- THE citation;

(5) Whether or not,the applicant wishes to certify willing-ness to make an anatomical donation under section 2108.04 ofthe Revised Code, which shall be given no consideration in theissuance of a license or endorsement.

Every applicant for an operator's or chauffeur's licenseshall be photographed in color at the time the application foreuelr THE license is made. Seid THE application shall stateany additional information that the registrar requires.

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F (^I^ ^ U - Ohio Supreme Court 25. Secretary Brunner retumed S.B. 117 to the Governor with a letter addressed to the Governor dated January 8, 2007. Exhibit I of the Complaint is

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